Regulations on the Implementation of the Law of the People's Republic of China on the Promotion of Education run by the People's Republic of China

(promulgated by Decree No.399 of the People's Republic of China on March 5, 24 and revised by Decree No.741 of the People's Republic of China on April 7, 221)

Chapter I General Provisions

Article 1 is based on the Law of the People's Republic of China.

article 2 social organizations or individuals other than state institutions may use non-state financial funds to set up various types of private schools at all levels; However, private schools that carry out military, police, political and other special education may not be established.

the national financial funds mentioned in the law on the promotion of private education and these regulations refer to financial allocations, financial funds obtained according to law and should be turned over to the state treasury or financial accounts.

article 3 people's governments at all levels shall support and regulate social forces to organize private education according to law, ensure that private schools run schools according to law and manage independently, and encourage and guide private schools to improve their quality and run their own characteristics to meet diversified educational needs.

social organizations or individuals who have made outstanding achievements in running private schools or made outstanding contributions to the development of private education shall be rewarded and commended in accordance with relevant state regulations.

article 4 private schools should adhere to the leadership of China * * * production party, adhere to the socialist direction of running schools, adhere to the public welfare of education, strengthen the education of socialist core values for the educated, and implement the fundamental task of cultivating people by virtue.

The grass-roots organizations of China * * * Production Party in private schools implement the Party's principles and policies, participate in major school decisions and exercise supervision in accordance with laws, administrative regulations and relevant state regulations.

chapter ii establishment of private schools

article 5 social organizations or individuals other than state institutions may establish private schools individually or jointly. Where a privately-run school is jointly organized, a joint school-running agreement shall be signed to clarify the mode of cooperation, the rights and obligations of all parties and the way of dispute resolution.

the state encourages the establishment of private schools in accordance with the law by means of donations and the establishment of foundations. Private schools are organized by means of donations, etc. If there are no sponsors, the sponsors' rights and responsibilities in the process of running schools shall be fulfilled by the sponsors.

Foreign-invested enterprises established in China and social organizations in which the foreign party is the actual controller shall not establish, participate in or actually control private schools that implement compulsory education; The establishment of other types of private schools shall conform to the provisions of the state on foreign investment.

article 6 social organizations or individuals that run private schools should have good credit standing. The establishment of private schools can be funded in currency, or in kind, construction land use rights, intellectual property rights and other non-monetary property that can be valued in currency and can be transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.

article 7 public schools that implement compulsory education shall not establish or participate in the establishment of private schools, nor shall they be converted into private schools. Other public schools shall not hold or participate in the holding of for-profit private schools. However, public schools that implement vocational education can attract capital, technology, management and other elements of enterprises, and organize or participate in the organization of for-profit private schools that implement vocational education.

when a public school establishes or participates in the establishment of a private school, it shall not use the state financial funds, affect the teaching activities of the public school, or participate in running the school only by way of brand export, and it shall be approved by its competent department. When a public school holds or participates in the holding of a non-profit private school, it shall not obtain the income from running the school by means of management fees or in disguised form.

private schools run by or participating in public schools should have independent legal person status, have separate campuses, basic education and teaching facilities and independent full-time teachers, conduct independent accounting according to the unified national accounting system, enroll students independently and issue academic certificates independently.

public schools that organize or participate in the organization of private schools shall enjoy the rights and interests of organizers and fulfill the obligations of state-owned assets management according to law.

article 8 local people's governments may not use state-owned enterprises or public educational resources to establish or participate in the establishment of private schools that implement compulsory education.

if state-owned assets are used to participate in the establishment of private schools, an intermediary institution with evaluation qualifications shall be hired to make an evaluation according to the relevant state regulations on the supervision and administration of state-owned assets, and the amount of capital contribution shall be reasonably determined according to the evaluation results, and shall be reported to the institution responsible for the supervision of the state-owned assets for the record.

article 9 the state encourages enterprises to establish or participate in the establishment of private schools that implement vocational education in accordance with the law by means of sole proprietorship, joint venture and cooperation.

article 1 the establishment of a private school shall fulfill the obligation of capital contribution on time and in full. During the existence of private schools, the sponsors shall not withdraw their capital contributions or misappropriate the funds for running schools.

Organizers may raise funds to establish for-profit private schools according to law, and the funds raised shall be mainly used for running schools, and shall not change their uses without authorization, and fulfill their information disclosure obligations according to regulations. Private schools and their sponsors shall not charge students and their parents fees related to admission in the name of sponsorship fees or in disguised form.

article 11 the sponsor shall formulate the school's articles of association according to law and be responsible for selecting the members of the first Council, board of directors or other forms of decision-making bodies of private schools.

the sponsor can participate in or appoint representatives to participate in the board of directors, the board of directors or other forms of decision-making bodies according to the procedures and requirements stipulated in laws, regulations and the school bylaws, and exercise corresponding decision-making and management rights according to the authority stipulated in the school bylaws.

Article 12 If the sponsor of a private school changes, it shall sign a change agreement, but it shall not involve the legal person property of the school, affect the development of the school, or damage the rights and interests of teachers and students; If the sponsor of an existing private school changes, it may make an agreement with the successor sponsor to change the income according to its lawful rights and interests.

if the sponsor of a private school no longer meets the statutory requirements, it shall submit a change to the examination and approval authority within 6 months; If it is not changed within the time limit, the examination and approval authority shall order it to change.

if the sponsor is a legal person, its controlling shareholder and actual controller shall meet the requirements for establishing a private school as stipulated by laws and administrative regulations. If the controlling shareholder and actual controller change, it shall be reported to the competent department for filing and publicity.

if the sponsor changes and meets the statutory requirements, the examination and approval authority shall handle it within the prescribed time limit.

article 13 if a number of private schools are held or actually controlled at the same time, the organizers or actual controllers shall have the conditions and capabilities of funds, personnel, organizations and so on suitable for their school-running activities, and undertake the management and supervision responsibilities for the private schools held.

The organizers or actual controllers who hold or actually control a number of private schools at the same time shall provide teaching materials, courses, technical support and other services and organize education and teaching activities to the private schools held or actually controlled, and shall comply with relevant state regulations and establish corresponding quality standards and guarantee mechanisms.

If more than one private school is held or actually controlled at the same time, it shall ensure that the private schools held or actually controlled independently carry out school-running activities according to law, and all assets during the existence period shall be managed and used by the school according to law; Shall not change the nature of the non-profit private schools held or actually controlled, and directly or indirectly obtain the income from running schools; Nor shall they abuse their dominant market position to exclude or restrict competition.

no social organization or individual may control private schools that implement compulsory education or non-profit private schools that implement preschool education through mergers and acquisitions or agreement control.

article 14 the institutions that carry out the examinations recognized by the state, such as education examinations, vocational qualification examinations and vocational skill level examinations, or participate in the holding of private schools related to the examinations they carry out shall comply with the relevant provisions of the state.

Article 15 The examination and approval authority for the establishment of private schools shall be implemented in accordance with the provisions of relevant laws and regulations.

local people's governments and their relevant departments should perform their duties of implementing compulsory education according to law. The establishment of a private school that implements compulsory education shall conform to the local compulsory education development plan.

article 16 the state encourages private schools to implement educational activities online by using internet technology.

using internet technology to implement educational activities online shall comply with the relevant laws and administrative regulations of the state on internet management. Private schools that use Internet technology to implement educational activities online shall obtain corresponding school licenses.

when using internet technology to carry out educational activities online, private schools should establish and implement the internet security management system and technical measures for security protection according to law. If they find information prohibited by laws and administrative regulations from being published or transmitted, they should immediately stop transmitting it, take measures such as elimination, prevent information from spreading, keep relevant records and report to the relevant competent departments.

foreigners who use internet technology to carry out educational activities online shall abide by the provisions of relevant laws and administrative regulations such as education and management of foreigners' work in China.

Article 17 If the sponsor of a private school has completed the establishment within three years from the date of obtaining the approval for establishment, he may apply for formal establishment.

private schools are not allowed to enroll students during the preparation period.

article 18 where an application is made for the formal establishment of a private school that carries out academic education, the examination and approval authority shall organize an expert committee to make comments after accepting the application, and the expert committee shall give advice.

Article 19 The articles of association of a private school shall specify the following main items:

(1) The name, domicile, school address and legal person attribute of the school;

(2) the rights and obligations of the organizers, and the methods for the organizers to change and transfer their rights and interests;

(3) the purpose, development orientation, level, type, scale and form of running a school;

(4) school start-up capital, registered capital, source and nature of assets;

(5) the formation method, personnel composition, term of office, rules of procedure, etc. of the Council, the board of directors or other forms of decision-making bodies and supervisory bodies;

(6) the procedure for the person in charge or representative of the Party organization of the school to enter the decision-making body and supervision body of the school;

(7) the legal representative of the school;

(8) the reasons for the school's voluntary termination, and the methods and procedures for the disposal of surplus assets;

(9) Procedures for amending the Articles of Association.

private schools should publicize their articles of association to the public, and make an announcement in advance to solicit the opinions of stakeholders. After the revision is completed, it shall be reported to the competent department for record or approval.

Article 2 Private schools can only use one name.

the names of private schools shall comply with the provisions of relevant laws and administrative regulations, and shall not harm the interests of the public, and shall not contain words that may cause ambiguity or names of other legal persons that may mislead the public. For-profit private schools can use legal person abbreviations approved by the examination and approval authorities on school plaques, transcripts, graduation certificates, graduation certificates, degree certificates and related certificates, enrollment advertisements and brochures.