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社会力量办学条例 REGULATIONS ON THE RUNNING OF EDUCATIONAL INSTITUTIONS WITH SOCIAL RESOURCES

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国务院令第226号
(Promulgated by Decree No. 226 of the State Council of the People's Republic of China on July 31, 1997)
颁布日期:19970731  实施日期:19971001  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated with a view to encouraging the running of educational institutions with social resources, safeguarding the legitimate rights and interests of sponsors, schools and other educational institutions, teachers and other educational workers and those receiving education and promoting the healthy development of the cause of running educational institutions with social resources.

  Article 2 These Regulations shall be applicable to the running of society-oriented schools and other educational institutions(hereinafter referred to as educational institutions) by enterprises, institutions, societies and other social organizations and individual citizens with non-state financed educational funds.

  Article 3 The cause of running educational institutions with social resources constitutes a component part of the cause of socialist education. People's Governments at all levels should strengthen leadership over the work of running educational institutions with social resources and integrate the cause of running educational institutions with social resources into national socio-economic development plans.

  Article 4 The State adheres to the policy of giving active encouragement, rendering strong support, correct guidance and strengthening administration with respect to the running of educational institutions with social resources.

  Article 5 Social resources should be focused on the running of educational institutions conducting vocational education, adult education, senior secondary education and pre-school education. The State encourages the running of educational institutions conducting compulsory education with social resources as a supplement to the conducting of compulsory education by the State. The State exercises strict control over the running of higher educational institutions with social resources.

  Social resources must not be used in the running of religious schools and covert religious schools.

  Article 6 Profit-making must not be the aim in the running of educational institutions with social resources.

  Article 7 No organization or individual shall seek apportionment of educational funds from enterprises, institutions and individuals in the name of running educational institutions with social resources.

  Article 8 The State safeguards the legitimate rights and interests of educational institutions run with social resources.

  Educational institutions run with social resources have the independent right in managing these institutions.

  Article 9 Educational institutions run with social resources should abide by laws and regulations, adhere to the socialist orientation in running these institutions, implement the State's educational policy to ensure educational and teaching quality.

  Article 10 Educational institutions run with social resources and their teachers and students have the equal legal status of the educational institutions run by the State and their teachers and students.

  Article 11 The department of education administration under the State Council shall be responsible for the overall planning, integrated coordination and macro-control of the work related to the running of educational institutions with social resources nationwide.

  The department of education administration, the department of labor administration and other departments concerned under the State Council shall be responsible for the work related to the running of educational institutions with social resources within the scope of functions and responsibilities defined by the State Council.

  The departments concerned of People's Governments at or above the county level shall be responsible for the work related to the running of educational institutions with social resources in accordance with the functions and responsibilities defined by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

  Article 12 Rewards shall be given to organizations and individuals having made outstanding contributions to the running of educational institutions with social resources.

  Chapter II Establishment of Educational Institutions

  Article 13 Units applying for the running of educational institutions should have the qualifications of a legal person; individuals applying for the running of educational insitutions should have political rights and complete capability of civil acts.

  Examination agencies conducting state education examinations, vocational qualification examinations and technical grade examinations must not run educational institutions related to their examination businesses.

  Article 14 Establishment of educational institutions should fulfil the basic conditions prescribed in the Education Law and the Vocational Education Law.

  Standards for the establishment of schools conducting higher curricula based education shall be worked out by the department of education administration under the State Council; standards for the establishment of other educational institutions shall be worked out by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government according to different categories.

  Article 15 Running of educational institutions conducting Curricula based education, literacy make-up courses, pre-school education and grant-aided self-taught examinations shall be subject to the examination and approval by the departments of education administration of People's Governments at or above the county level pursuant to the authority of examination and approval prescribed by the State; running of educational institutions conducting vocational qualification training and technical grade training with vocational skills as the main contents and running of educational institutions conducting labor employment vocational skills training shall be subject to the examination and approval by the department of labor administration of People's Governments at or above the county level pursuant to the authority of examination and approval prescribed by the State with copies dispatched to the department of education administration at the same level for the record; running of other educational institutions shall be subject to the examination and approval by the department of education at the same level upon the examination, verification and consent of the competent department of administration pursuant to the authority of examination and approval prescribed by the State.

  Article 16 Sponsors applying for the running of educational institutions should present the following materials to the organs of examination and approval:

  (1)an application report;

  (2)certification documents of qualifications of the sponsor;

  (3)certification documents of qualifications of the headmaster-designate or chief administrator-designate and teachers to be employed;

  (4)certification documents of assets and sources of funds of the proposed educational institution;

  (5)constitution and development plan of the proposed educational institution; and

  (6)other materials required by the organ of examination and approval.

  For joint running of an educational institution, an agreement on joint running of the educational institution should likewise be presented.

  Article 17 Terms and conditions and standards for the establishment of educational institutions should be the basis for the examination and approval of an educational institution and in keeping with national interests and public interests of society and the requirements for rational educational structure and distribution.

  Organs of examination and approval accept applications for the running of educational institutions conducting curricula-based education before the third quarter of every year and give a reply in writing before the end of April of the following year; organs of examination and approval should give a reply in writing within three months starting from the date of acceptance of the application for the running of other educational institution.

  Article 18 Organs of examination and approval shall issue licenses for the running of educational institution to the educational institutions the establishment of which have been approved. Format of the license for the running of an educational institution shall be determined by the department of education administration under the State Council, and the printing shall be organized respectively by the department of education administration and the department of labor administration under the State Council according to the division of responsibilities.

  Upon obtainment of the license for the running of an educational institution, the educational institution should enter into registration pursuant to the Regulations on the Running of Non-enterprise Units with Social Resources before it can conduct educational and teaching activities.

  Article 19 Educational institutions must not set up branches.

  Article 20 The name of an educational institution should indicate precisely its category, level and the administrative area in which it is located; no such characters as "Zhonghua"(Chinese), "Zhonggou"(China) and "Gouji"(international)should be put ahead the names without the approval of the department of education administration or the department of labor administration under the State Council according to the division of responsibilities.

  Chapter III Teaching and Administration of Educational Institutions

  Article 21 An educational institution may set up a board of directors. The board of directors proposes candidates for the position of headmaster or chief administrator, decides on such major issues as the development, fund-raising, budget and final accounting of revenue and expenditure of the educational institution.

  The board of directors shall be composed of the sponsor or his/her representative, representatives of the staff of the educational institution and social personages enthusiastic about the cause of education and with moral integrity and good behavior, among them more than one third of the directors should have more than five years of educational and teaching experiences.

  The first batch of directors shall be elected on the proposal of the sponsor, and later directors shall be elected according to the prescribed procedures of the board of directors. The directors shall be employed upon verification and approval by the organ of examination and approval.

  Active-duty state functionaries must not concurrently serve as directors of educational institutions; however, those designated by People's Governments at or above the county level or their concerned departments out of special requirements are exceptions.

  Article 22 The headmaster or chief administrator of an educational institution shall be responsible for teaching and other administrative work.

  Qualifications for the position of the headmaster or chief administrator of the state-run educational institution at the same level and of the same category shall be taken as reference for the qualifications for the position of the headmaster or chief administrator of an educational institution; however, there may be appropriate relaxation in age.

  Candidacy for the headmaster or chief administrator of an educational institution shall be proposed by the board of directors where there is a board of directors; where there is no board of directors, it shall be proposed by the sponsor and employed upon verification and approval by the organ of examination and approval.

  Article 23 Rules for relatives and dependents avoidance shall be observed between those serving as directors, headmaster or chief administrator and those serving in positions of general services, accountants and personnel management.

  Article 24 Teachers and other educational workers of educational institutions have the right to form trade unions pursuant to the Trade Union Law to safeguard their legitimate rights and interests.

  Article 25 Educational institutions employ teachers and other educational workers independently pursuant to the relevant provisions of the State. Teachers employed by educational institutions should meet the qualifications and conditions for teachers prescribed by the State. Educational institutions should strengthen political and ideological education and professional training of the teachers employed by them.

  Employment contracts should be signed by educational institutions and teachers and other educational workers employed by them.

  Employment of teachers of foreign nationalities by educational institutions shall be processed pursuant to the relevant provisions of the State.

  Article 26 Educational institutions conduct enrollment independently pursuant to the provisions of the State on enrollment.

  Constitutions and advertisements for enrollment of educational institutions can only be made public upon examination by organs of examination and approval.

  Enrollment of students from abroad by educational institutions shall be handled pursuant to the relevant provisions of the State.

  Article 27 Educational institutions decide on the establishment of specialities independently pursuant to the relevant provisions of the State.

  Article 28 Contents of teaching of educational institutions should conform to the provisions of the Constitution, laws and regulations.

  Middle and primary schools run with social resources should carry out education and teaching in accordance with the requirements of the curricula plans and teaching programs worked out by the department of education administration under the State Council and the departments of education administration of People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government wherein they are located, and the textbooks chosen should be subjected to the examination and finalization of the departments of education administration of People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

  Article 29 Educational institutions should make full use of public educational facilities, equipment and information of society and rely fully on the role of broadcasting and television universities and broadcasting and television schools to carry out educational and teaching activities and improve educational and teaching quality.

  Article 30 Educational institutions should establish and implement rules for students' status and teaching management.

  Article 31 Students of schools conducting curricula-based education upon approval having completed the studies and passed the examination shall be issued certificates of curricula by the schools they are in pursuant to the relevant provisions of the State.

  Students of other educational institutions shall, upon completion of studies, be issued certificates of training or other certificates of studies by the educational institutions they are in, annotating the subjects learnt and examination scores, and they may take part in vocational qualification examinations or technical grade examinations pursuant to the relevant provisions of the State and obtain corresponding certificates of vocational qualifications or technical grade certificates upon passing the examinations.

  Article 32 For engraving and making of seals and stamps, educational institutions should go through the formalities of examination and approval at the public security organ of the People's Government at or above the county level of the locality wherein it is located on the presentation of the license for the running of educational institution and certification issued by the organ of examination and approval.

  Educational institutions should submit samples of their seals and stamps to the organs of examination and approve land public security organs for the record.

  Article 33 Departments of education administration and departments of labor administration and other departments concerned should step up supervision and control over the work related to the running of educational institutions with social resources. Local People's Governments at or above the county level should strengthen supervision, guidance and evaluation of the educational level, quality of the educational institutions within their respective administrative areas.

  No administrative department should collect any fee in the exercise of supervision and control over educational institutions.

  Chapter IV Property and Financial Management of Educational Institutions

  Article 34 Educational institutions should establish financial and accounting rules and property management rules in accordance with law and keep accounting books pursuant to the provisions for accounting rules for administrative institutions.

  Article 35 Educational institutions shall collect fees in accordance with the relevant provisions of the State.

  The items and rates for fee collection of educational institutions shall be set forth by them and, upon being given remarks after examination and verification by organs of examination and approval, be verified and determined by the departments of finance and departments of price control according to the division of responsibilities in the light of the actual conditions pertaining to the education, teaching costs and acceptance of subsidies of the educational institutions.

  Article 36 Educational institutions may, during their existence and continuation, manage and use their properties which however must not be transferred or used for guarantee.

  No organization or individual shall infringe on or occupy the properties of educational institutions.

  Article 37 Educational institutions should determine the percentage of expenditure in wages and benefits of all categories of personnel in the constant expenses of running the educational institutions which should be submitted to the organs of examination and approval for the record.

  The accumulated funds of educational institutions can only be used to increase input into education and improve conditions in running the educational institutions and must not be used for distribution and extra-school investment.

  Article 38 Educational institutions should make financial and accounting reports at the end of every accounting year, and entrust auditing institutions of society to audit their financial and accounting condition in accordance with the requirements of the organs of examination and approval and submit the reports to the organs of examination and approval for scrutiny.

  Chapter V Change and Disband ment of Educational Institutions

  Article 39 Changes in the name, nature and level of an educational institution should be submitted to the organ of examination and approval for approval; changes in other items should be submitted to the organ of examination and approval for the record.

  Article 40 Check-up of properties and final financial settlements should be made in the merger of educational institutions, and the amalgamated educational institution shall resettle the students in the previous educational institutions in a satisfactory manner.

  Article 41 Educational institutions having any of the following circumstances should be disbanded:

  (1)The board of directors or sponsor of an educational institution requests disband ment in accordance with the provisions of the constitution of the educational institution; and

  (2)Inability to carry on normal educational and teaching activities on account of various reasons.

  Disband ment of an educational institution shall be subjected to the verification and approval of the organ of examination and approval.

  Article 42 An educational institution should, in disbandment, resettle the in-school students in a satisfactory manner, and the organ of examination and approval may provide assistance. During disbandment of an educational institution conducting compulsory education, the organ of examination and approval should make arrangements for the in-school students receiving compulsory education to continue their studies.

  Article 43 Clearing of properties should be carried out in accordance with law in the disbandment of an educational institution.

  The educational institution should, in clearing, first of all pay the salaries of teachers and staff members due and the social security expenses; surplus properties of an educational institution after clearing, upon returning or returning in terms of money the input of the sponsor, overall arrangement shall be made by the organ of examination and approval for the remaining portion to be used in the development of the cause of running educational institutions with social resources.

  Article 44 An announcement shall be made by the organ of examination and approval of the educational institution verified and approved for disbandment which shall be notified to hand back the license for the running of an educational institution and its seals and stamps that should be kept in sealed storage.

  Chapter VI Security and Support

  Article 45 The departments concerned of People's Governments at or above the county level should provide support to the running of educational institutions with social resources pursuant to the provisions of relevant laws and regulations.

  Article 46 The departments of education administration, departments of labor administration and other concerned departments of People's Governments at or above the county level should give equal treatment to educational institutions run with social resources as given to educational institutions run by the State in professional guidance, teaching and research activities, teacher management and citations and rewards.

  Article 47 For land required for the construction of educational institutions, local People's Governments at or above the county level should integrate it into plans in accordance with the relevant provisions of the State and in the light of actual conditions, handle it as land use for non-profit undertakings, and may give priority to it in making the arrangement.

  Article 48 Salaries, social security and benefits of teachers and other educational workers of educational institutions shall be insured by the educational institutions in accordance with law.

  The teaching age of special-subject teachers shall be calculated on a continuous basis during their work in the educational institutions.

  Article 49 Students of educational institutions run with social resources have equal rights as those of the educational institutions run by the State in going to a higher grade, taking part in examinations and social activities in accordance with law.

  The principle of orientation to society, equal competition and employment on merit shall be followed in the employment of students of educational institutions, and employer units must not discriminate.

  Chapter VII Legal Responsibility

  Article 50 Whoever violates the provisions of the Education Law in activities of running educational institutions with social resources shall be penalized pursuant to the relevant provisions of the Education Law.

  Article 51 A sponsor who makes false contribution to funds or withdraw the funds after the establishment of the educational institution shall be directed by the organ of examination and approval to amend; one who refuses to amend shall be imposed a fine less than 200% of the amount he/she should have contributed or the amount he/she has with drawn; where the circumstances are serious, the organ of examination and approval shall direct him/her to stop enrollment and revoke the license for the running of an educational institution.

  Article 52 Whoever engages in the forgery, alteration and buying and selling of licences for the running of educational institutions shall be penalized by the public security organ according to the Penalties for Violation of Public Security Regulations; one whose offence constitutes a crime shall be investigated of the criminal responsibilities.

  Article 53 An educational institution which indulges in indiscriminate collection of fees exceeding the verified items and rates shall be directed by the organ of examination and approval to refund the fees overcharged within the specified time period, and shall be penalized by the department of finance and the department of price control according to relevant laws and regulations.

  Article 54 An educational institution which fails to determine the percentage of expenditure of salaries and benefits in the constant expenditure of running the educational institution or fails to implement the percentage determined, or use the accumulation for distribution or extra-school investment shall be directed by the organ of examination and approval to amend and may be administered a warning; where the circumstances are serious or one who refuses to amend shall be directed by the organ of examination and approval to stop enrollment, its license for the running of the educational institution revoked or the educational institution taken over.

  Article 55 An educational institution where there is disorder in administration, low quality in education and teaching resulting in pernicious influences shall be directed by the organ of examination and approval to consolidate within the specified time period, and may be administered a warning; where the circumstances are serious or one which fails to meet the requirements after consolidation shall be directed by the organ of examination and approval to stop enrollment, its license for the running of the educational institution revoked or the educational institution taken over.

  Article 56 An organ of examination and approval that indulges in abuse of power and malpractices for selfish gains, or neglects administration of the educational institutions approved by it resulting in serious consequences, the person-in-charge bearing direct responsibilities and other personnel directly responsible shall be imposed administrative sanctions according to law; those whose offences constitute a crime shall be investigated of the criminal responsibility according to law.

  An administrative department which collects fees in the exercise of supervision and control over educational institutions shall refund the fees collected; the person-in-charge bearing direct responsibilities and other personnel directly responsible shall be imposed administrative sanctions according to law.

  Chapter VIII Supplementary Provisions

  Article 57 Conducting of training activities with social resources without the establishment of independent institutions shall be carried out with reference to these Regulations.

  Article 58 Separate measures shall be worked out by the State Council for the running of educational institutions by external organizations and individuals from abroad within the territory of China to which these Regulations shall not be applicable.

  Article 59 Educational institutions run with social resources approved for establishment or registration pursuant to laws, rules and regulations before the coming into effect of these Regulations may continue to be retained. Those which should obtain licenses for the running of educational institutions pursuant to the provisions of these Regulations should obtain retrospectively licenses for the running of educational institutions; among which those that do not fully meet the qualifications prescribed by these Regulations should comply with the qualifications prescribed by these Regulations within the specified time period.

  Article 60 These Regulations shall come into force as of October 1, 1997; among which the second paragraph of Article 18 of these Regulations shall come into effect as of the date of implementation of the Regualtions Concerning the Registration of Running of Non-enterprise Units with Social Resources.

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