Regulations of the People's Republic
of China
on Chinese-Foreign Cooperation in Running Schools
(Adopted at the 68th Executive Meeting of the State
Council on February 19, 2003, promulgated by Decree No. 372 of the
State Council of the People's Republic of China on March 1, 2003,
and effective as of September 1, 2003)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance
with the Education Law of the People's Republic of China, the Vocational
Education Law of the People's Republic of China and the Law of the
People's Republic of China on Promotion of Privately-Run Schools
for the purposes of standardizing Chinese-foreign cooperation in
running schools, strengthening international exchange and cooperation
in the field of education and promoting the development of the educational
cause.
Article 2 These Regulations apply to the activities
of the cooperation between foreign educational institutions and
Chinese educational institutions (hereinafter referred to as Chinese
and foreign cooperators in running schools) in establishing educational
institutions (hereinafter referred to as Chinese-foreign cooperatively-run
schools) within the territory of China to provide education service
mainly to Chinese citizens.
Article 3 Chinese-foreign cooperation in running
schools is an undertaking beneficial to public interests and forms
a component of China's educational cause.
For Chinese-foreign cooperation in running schools,
the State adopts the policies of opening wider to the outside world,
standardization of running schools, exercising administration according
to law and promoting its development.
The State encourages Chinese-foreign cooperation
in running schools to which high-quality foreign educational resources
are introduced.
The State encourages Chinese-foreign cooperation
in running schools in the field of higher education and vocational
education, and encourages Chinese institutions of higher learning
to cooperate with renowned foreign institutions of higher learning
in running schools.
Article 4 The legal rights and interests of Chinese
and foreign cooperators in running schools and of Chinese-foreign
cooperatively-run schools shall be protected by the laws of China.
Chinese-foreign cooperatively-run schools shall
enjoy preferential policies made by the State and enjoy autonomy
when conducting educational activities in accordance with law.
Article 5 Chinese-foreign cooperation in running
schools shall abide by the laws of China, implement China's educational
policies, comply with Chinese public ethics and shall not jeopardize
China's sovereignty, security and public interests.
Chinese-foreign cooperation in running schools shall
meet the needs of the development of China's educational cause,
ensure teaching quality and make efforts to train all kinds of talents
for China's socialist construction.
Article 6 Chinese and foreign cooperators in running
schools may cooperate to establish educational institutions of various
types at various levels. However, they shall not establish institutions
offering compulsory education service or special education services
such as military, police and political education services.
Article 7 No foreign religious organization, religious
institution, religious college and university or religious worker
may engage in cooperative activities of running schools within the
territory of China.
Chinese-foreign cooperatively-run schools shall
not offer religious education, nor conduct religious activities.
Article 8 The education administrative department
of the State Council shall be responsible for overall planning,
comprehensive coordination and macro control for all Chinese-foreign
cooperative activities in running schools nationwide. The education
administrative department, the labour administrative department
and other relevant administrative departments of the State Council
shall be responsible for the work in relation to Chinese-foreign
cooperation in running schools in accordance with their functions
and duties as defined by the State Council.
The education administrative departments of the
people's governments of the provinces, autonomous regions and municipalities
directly under the Central Government shall be responsible for overall
planning, comprehensive coordination and macro control for all Chinese-foreign
cooperative activities in running schools within their respective
administrative regions. The education administrative departments,
the labour administrative departments and other relevant administrative
departments of the people's governments of the provinces, autonomous
regions and municipalities directly under the Central Government
shall be responsible for the work in relation to Chinese-foreign
cooperation in running schools within their respective administrative
regions in accordance with their functions and duties.
Chapter II Establishment
Article 9 An educational institution which applies
for establishing a Chinese-foreign cooperatively-run school shall
have the legal person status.
Article 10 A Chinese or foreign cooperator in running
a school may contribute with funds, in kind or in forms of land-use
right, intellectual property rights or other assets to establish
the school.
Contribution of intellectual property rights by
a Chinese or foreign cooperator in running a school shall not exceed
one-third of its total contribution. However, for a foreign educational
institution that comes to China for cooperation in running a school
at the invitation of the education administrative department or
the labour administrative department of the State Council or at
the invitation of the people's government of a province, an autonomous
region or a municipality directly under the Central Government,
its contribution in the form of intellectual property rights may
exceed one-third of its total contribution.
Article 11 A Chinese-foreign cooperatively-run school
shall meet the basic requirements prescribed by the Education Law
of the People's Republic of China, the Vocational Education Law
of the People's Republic of China, the Higher Education Law of the
People's Republic of China and other laws and administrative regulations,
and shall have the legal person status. However, a Chinese-foreign
cooperatively-run school established to offer higher education service
through the cooperation between a foreign educational institution
and a Chinese institution of higher learning which offers education
for academic qualifications may have no legal person status.
The establishment of a Chinese-foreign cooperatively-run
school shall follow the standards for the establishment of State-run
educational institutions of the same type and at the same level.
Article 12 An application for establishing a Chinese-foreign
cooperatively-run school offering higher education for academic
qualifications at or above the regular university education shall
be subject to examination and approval of the education administrative
department of the State Council; an application for establishing
a Chinese-foreign cooperatively-run school offering specialized
higher education or higher education for non-academic qualifications
shall be subject to examination and approval of the people's government
of the province, autonomous region or municipality directly under
the Central Government where the proposed school is to be located.
An application for establishing a Chinese-foreign
cooperatively-run school offering secondary education for academic
qualifications, programs of tutoring self-taught students for examinations,
programs offering supplementary teaching of school courses and pre-school
education shall be subject to examination and approval of the education
administrative department of the people's government of the province,
autonomous region or municipality directly under the Central Government
where the proposed school is to be located.
An application for establishing a Chinese-foreign
cooperatively-run school offering vocational technical training
shall be subject to examination and approval of the labour administrative
department of the people's government of the province, autonomous
region or municipality directly under the Central Government where
the proposed school is to be located.
Article 13 The establishment of a Chinese-foreign
cooperatively-run school shall include two steps of preparation
for establishment and formal establishment. However, the applicant
may file an application directly for formal establishment if it
fulfills the conditions for offering education and meets the standards
for establishment.
Article 14 An applicant who applies for preparation
for establishment of a Chinese-foreign cooperatively-run school
shall submit the following documents:
(1) a project report which shall mainly contain
the names of the Chinese and foreign cooperators in running the
school, the name of the proposed cooperatively-run school, educational
targets, size of the school, level and form of education to be offered,
conditions for offering education, system of internal management,
sources of funding and capital management and use, etc.;
(2) a cooperative agreement which shall contain
the duration of cooperation and ways of dispute settlement, etc.;
(3) valid documents verifying sources of assets
and amount of capital, with clear statement of ownership;
(4) a donation agreement for any assets provided
as a donation to the proposed school, which carries the name of
the donor, value of donation, purpose of use and management methods,
and the relevant valid verifying documents; and
(5) a certificate verifying that not less than 15
percent of initial funds provided by the Chinese and foreign cooperators
is already invested.
Article 15 In the case of an application for preparation
for establishment of a Chinese-foreign cooperatively-run school,
the examination and approval authorities shall decide whether to
grant the approval or not within 45 days from the date of receiving
the application. If the application is approved, a letter of approval
for preparation for establishment shall be issued; if the application
is not approved, reasons shall be provided in writing.
Article 16 An applicant whose application for preparation
for establishment of a Chinese-foreign cooperatively-run school
is approved shall file an application for formal establishment within
three years from the date of approval; if it is more than three
years, the Chinese and foreign cooperators in running the school
shall file an application anew.
During the period of preparation for establishment,
no students shall be enrolled.
Article 17 An applicant who has completed its preparation
for establishment and applies for formal establishment shall submit
the following documents:
(1) an application for formal establishment;
(2) the letter of approval for preparation for establishment;
(3) a report on the progress of preparation for
establishment;
(4) the articles of association for the Chinese-foreign
cooperatively-run school, and a list of members on its first board
of trustees or board of directors, or of its first joint managerial
committee;
(5) valid documents verifying assets of the Chinese-foreign
cooperatively-run school; and
(6) documents verifying the qualifications of the
president or principal administrator, the teachers and financial
staff.
An applicant who directly applies for formal establishment
of a Chinese-foreign cooperatively-run school shall submit all documents
listed under subparagraphs (1), (4), (5) and (6) of the preceding
paragraph and subparagraphs (2), (3) and (4) of Article 14.
Article 18 In the case of an application for formal
establishment of a Chinese-foreign cooperatively-run school offering
education for non-academic qualifications, the examination and approval
authorities shall decide whether to grant the approval or not within
three months from the date of receiving the application; in the
case of an application for formal establishment of a Chinese-foreign
cooperatively-run school offering education for academic qualifications,
the examination and approval authorities shall decide whether to
grant the approval or not within six months from the date of receiving
the application. If the application is approved, a permit for Chinese-foreign
cooperation in running the school printed in a standard format and
numbered in a unified way shall be granted; if the application is
not approved, reasons shall be provided in writing.
The format of the permit for Chinese-foreign cooperation
in running a school shall be determined by the education administrative
department of the State Council and the printing be arranged separately
by the education administrative department and the labour administrative
department of the State Council in accordance with their respective
functions and duties; the permit for Chinese-foreign cooperation
in running a school shall be numbered in a unified way by the education
administrative department of the State Council and the specific
measures shall be formulated by the education administrative department
jointly with the labour administrative department of the State Council.
Article 19 In the case of an application for formal
establishment of a Chinese-foreign cooperatively-run school offering
education for academic qualifications, the examination and approval
authorities, upon receiving such an application, shall organize
an expert committee to make an evaluation, and the expert committee
shall give its opinions.
Article 20 A Chinese-foreign cooperatively-run school
which has obtained the permit for Chinese-foreign cooperation in
running the school shall register in accordance with the relevant
laws and administrative regulations, and the registering authorities
shall process the registration timely in accordance with the relevant
provisions.
Chapter III Organization and Administration
Article 21 A Chinese-foreign cooperatively-run school
with the legal person status shall set up a board of trustees or
a board of directors, and a Chinese-foreign cooperatively-run school
without the legal person status shall set up a joint managerial
committee. Chinese members on the board of trustees, the board of
directors or of the joint managerial committee shall not be less
than half of the total number.
The board of trustees, the board of directors or
the joint managerial committee shall be composed of at least five
members with one of them serving as the chairperson and one of them
serving as the vice-chairperson respectively. If either of the Chinese
and foreign cooperators in running the school assumes the chairpersonship,
the other shall assume the vice-chairpersonship.
The legal representative of a Chinese-foreign cooperatively-run
school with the legal person status shall be appointed through consultation
between the Chinese and foreign cooperators in running the school
from the chairperson of the board of trustees, or the chairperson
of the board of directors, or the president of the cooperatively-run
school.
Article 22 The board of trustees, the board of directors
or the joint managerial committee of a Chinese-foreign cooperatively-run
school shall be composed of the representatives from both the Chinese
and foreign cooperators in running the school, the president or
principal administrator of the school, the representatives of the
school's teaching and administrative staff, etc., and one-third
of the members shall have at least five years of work experience
in the field of education and teaching.
The list of members on the board of trustees, the
board of directors or of the joint managerial committee of a Chinese-foreign
cooperatively-run school shall be submitted to the examination and
approval authorities for the record.
Article 23 The board of trustees, the board of directors
or the joint managerial committee of a Chinese-foreign cooperatively-run
school shall exercise the following powers:
(1) electing or by-electing the members on the board
of trustees, the board of directors or of the joint managerial committee;
(2) appointing or dismissing the president or the
principal administrator;
(3) modifying the articles of association and formulating
school rules and bylaw;
(4) formulating development plans and approving
annual work plans;
(5) raising operational funds, examining and approving
the budget and the final accounts;
(6) determining the staff arrangement and quotas
and the wage scales;
(7) making decisions on the division, merger or
termination of the Chinese-foreign cooperatively-run school; and
(8) exercising other powers specified by the articles
of association.
Article 24 The board of trustees, the board of directors
or the joint managerial committee of a Chinese-foreign cooperatively-run
school shall meet at least once a year. Interim meetings of the
board of trustees, the board of directors or the joint managerial
committee may be convened upon proposal made by at least one-third
of its members.
The board of trustees, the board of directors or
the joint managerial committee of a Chinese-foreign cooperatively-run
school shall adopt its decision upon agreement by at least two-thirds
of its members when it discusses the following major issues:
(1) appointing or dismissing the president or the
principal administrator;
(2) modifying the articles of association;
(3) formulating the development plan;
(4) making decisions on the division, merger or
termination of the Chinese-foreign cooperatively-run school; and
(5) other major issues specified by the articles
of association.
Article 25 The president or the principal administrator
of a Chinese-foreign
cooperatively-run school shall be a person with the nationality
of the People's Republic of China, domicile in the territory of
China, love the motherland, possess moral integrity, and have work
experience in the field of education and teaching as well as compatible
professional expertise.
The president or the principal administrator appointed
by a Chinese-foreign cooperatively-run school shall be subject to
approval of the examination and approval authorities.
Article 26 The president or the principal administrator
of a Chinese-foreign cooperatively-run school shall exercise the
following powers:
(1) executing the decisions of the board of trustees,
the board of directors or the joint managerial committee;
(2) implementing the development plan and drafting
annual work plans, financial budget, rules and bylaw;
(3) employing and dismissing the staff and executing
rewards and punishments;
(4) organizing teaching and scientific research
activities and ensuring teaching quality;
(5) taking charge of daily administrative work;
and
(6) exercising other powers specified by the articles
of association.
Article 27 A Chinese-foreign cooperatively-run school
shall administer its teachers and students in accordance with law.
Foreign teachers and administrators employed by
a Chinese-foreign cooperatively-run school shall possess a bachelor's
degree or above and related occupational certificates, and have
at least two years of work experience in the field of education
and teaching.
The foreign cooperator shall send a certain number
of teachers from its own educational institution to teach in the
Chinese-foreign cooperatively-run school.
Article 28 A Chinese-foreign cooperatively-run school
shall safeguard the lawful rights and interests of its teachers
and students in accordance with law, guarantee the payment and welfare
benefits of the teaching and administrative staff and pay social
insurance premiums for the teaching and administrative staff.
The teaching and administrative staff of a Chinese-foreign
cooperatively-run school shall establish their trade union and other
organizations in accordance with law, and participate in the democratic
governance of the Chinese-foreign cooperatively-run school through
the staff congress or other means.
Article 29 Foreign employees of a Chinese-foreign
cooperatively-run school shall abide by the relevant provisions
on employment of foreigners in China.
Chapter IV Education and Teaching
Article 30 A Chinese-foreign cooperatively-run school
shall offer courses on the constitution, laws, ethics of citizens
and basic facts about China, etc. in accordance with the requirements
by China for educational institutions of the same type at the same
level.
The State encourages Chinese-foreign cooperatively-run
schools to introduce internationally advanced courses and teaching
materials that are urgently needed in China.
A Chinese-foreign cooperatively-run school shall
report the courses that it offers and the teaching materials that
it has introduced in to the examination and approval authorities
for the record.
Article 31 A Chinese-foreign cooperatively-run school
may, if necessary, use foreign languages in teaching, but shall
use the standard Chinese language and standard Chinese characters
as the basic teaching language.
Article 32 The enrollment by Chinese-foreign cooperatively-run
schools offering higher education for academic qualifications shall
be incorporated into the national enrollment plan for institutions
of higher learning. The enrollment by Chinese-foreign cooperatively-run
schools offering other education for academic qualifications shall
be conducted in accordance with the provisions of the education
administrative departments of the people's governments of the provinces,
autonomous regions or municipalities directly under the Central
Government.
The enrollment of overseas students by Chinese-foreign
cooperatively-run schools shall be conducted in accordance with
the relevant provisions of the State.
Article 33 The enrollment brochures and advertisements
of Chinese-foreign cooperatively-run schools shall be submitted
to the examination and approval authorities for the record.
A Chinese-foreign cooperatively-run school shall
publicize regularly relevant information on the type and level of
its education, its specialties and courses and its enrollment plan,
etc.
Article 34 Chinese-foreign cooperatively-run schools
offering education for academic qualifications shall grant academic
qualifications certificates or other education certificates in accordance
with the relevant provisions of the State; those that offer education
for non-academic qualifications shall grant training certificates
or course completion certificates in accordance with the relevant
provisions of the State. Students who receive vocational skill training
may be granted relevant national vocational qualifications certificates
in accordance with the relevant provisions of the State if they
pass the evaluation by a vocational skill evaluation organ authorized
by the government.
Chinese-foreign cooperatively-run schools offering
higher education for academic qualifications may grant relevant
Chinese certificates of academic degrees in accordance with the
relevant provisions of the State.
Certificates of academic qualifications or certificates of academic
degrees of a foreign educational institution granted by a Chinese-foreign
cooperatively-run school shall be identical with the certificates
of academic qualifications or certificates of academic degrees issued
by the foreign educational institution in its own country and shall
be recognized by that country.
The recognition of certificates of academic qualifications or
certificates of academic degrees of a foreign educational institution
granted by Chinese-foreign cooperatively-run schools shall be governed
by the international treaties concluded or acceded to by the People's
Republic of China or the relevant provisions of the State.
Article 35 The education administrative department
of the State Council or the education administrative departments,
the labour administrative departments and other related administrative
departments of the people's governments of the provinces, autonomous
regions or municipalities directly under the Central Government
shall strengthen their routine supervision over Chinese-foreign
cooperatively-run schools, organize or authorize intermediary organizations
to evaluate the management and educational quality of the Chinese-foreign
cooperatively-run schools and publicize the evaluation results.
Chapter V Assets and Financial Matters
Article 36 Chinese-foreign cooperatively-run schools
shall establish and improve their financial and accounting systems
as well as their assets management system in accordance with law,
and shall keep books of accounts pursuant to the relevant provisions
of the State.
Article 37 During the period of their existence,
Chinese-foreign cooperatively-run schools shall enjoy the property
of legal persons on all their assets in accordance with law, and
no other organizations or individuals may encroach on such assets.
Article 38 The items and standards of charges by
Chinese-foreign cooperatively-run schools shall be determined and
publicized in accordance with the relevant provisions of the State
on price fixing by the government; no additional items or increase
in charges shall be allowed without approval.
Chinese-foreign cooperatively-run schools shall
use Renminbi instead of any foreign currencies in calculating and
collecting tuition and other fees.
Article 39 All fees collected by Chinese-foreign
cooperatively-run schools shall be mainly used for educational and
teaching activities and for improving the conditions of school operation.
Article 40 Chinese-foreign cooperatively-run schools
shall abide by the provisions of the State on foreign exchange control
in conducting their activities of the receipt and payment of foreign
exchange and opening and using foreign exchange accounts.
Article 41 Chinese-foreign cooperatively-run schools,
at the end of each fiscal year, shall prepare financial and accounting
reports, commission public auditing institutions to conduct auditing
work in accordance with law, publicize the audit findings, and file
such information with the examination and approval authorities for
the record.
Chapter VI Alteration and Termination
Article 42 Division or merger of a Chinese-foreign
cooperatively-run school shall be reported to the examination and
approval authorities for approval, after the liquidation, by the
board of trustees, the board of directors or the joint managerial
committee.
In the case of an application for division or merger of a Chinese-foreign
cooperatively-run school offering education for non-academic qualifications,
the examination and approval authorities shall reply in writing
within three months from the date of receiving the application;
in the case of an application for division or merger of a Chinese-foreign
cooperatively-run school offering education for academic qualifications,
the examination and approval authorities shall reply in writing
within six months from the date of receiving the application.
Article 43 Alteration of cooperators in running
a Chinese-foreign cooperatively-run school shall be proposed by
the cooperators, and after liquidation, with the consent of the
board of trustees, the board of directors or the joint managerial
committee, shall be reported to the examination and approval authorities
for approval, and the relevant alteration formalities shall be undertaken.
Any alteration in the domicile, legal representative
or the president or the principal administrator of a Chinese-foreign
cooperatively-run school shall be subject to examination and approval
of the examination and approval authorities, and the relevant alteration
formalities shall be undertaken.
Article 44 Any alteration in the name, level or
type of a Chinese-foreign cooperatively-run school shall be reported
for approval by the board of trustees, the board of directors or
the joint managerial committee to the examination and approval authorities.
In the case of an application for altering a Chinese-foreign
cooperatively-run school to offer education for non-academic qualifications,
the examination and approval authorities shall reply in writing
within three months from the date of receiving the application;
in the case of an application for altering a Chinese-foreign cooperatively-run
school to offer education for academic qualifications, the examination
and approval authorities shall reply in writing within six months
from the date of receiving the application.
Article 45 A Chinese-foreign cooperatively-run school
shall be terminated in one of the following cases:
(1) where a request for termination is made in accordance
with the articles of association and approved by the examination
and approval authorities;
(2) where its permit for Chinese-foreign cooperation
in running the school is revoked; or
(3) where it is unable to continue its operation
due to insolvency and such termination is approved by the examination
and approval authorities.
A Chinese-foreign cooperatively-run school shall
make proper arrangements for its students at school upon its termination;
a Chinese-foreign cooperatively-run school shall submit a plan for
such arrangements while applying for termination thereof.
Article 46 A Chinese-foreign cooperatively-run school
shall make liquidation in accordance with law upon termination.
Where a Chinese-foreign cooperatively-run school
itself requests termination, the Chinese-foreign cooperatively-run
school shall organize liquidation; where the termination is the
result of dissolution by the examination and approval authorities
in accordance with law, the examination and approval authorities
shall organize liquidation; where the termination is the result
of inability to continue the operations for education due to its
insolvency, a people's court shall be requested according to law
to organize liquidation.
Article 47 Upon liquidation, a Chinese-foreign cooperatively-run
school shall settle its outstanding debts according to the following
sequence:
(1) tuition and other fees that shall be refunded
to the students;
(2) salaries due to the teaching and administrative
staff and their social insurance premiums payable;
(3) payments for other outstanding debts.
The remaining assets of a Chinese-foreign cooperatively-run
school after the settlement of the above debts shall be handled
in accordance with the provisions of the relevant laws and administrative
regulations.
Article 48 Where a Chinese-foreign cooperatively-run
school is terminated after approval or its permit for Chinese-foreign
cooperation in running the school is revoked, it shall return its
permit for Chinese-foreign cooperation in running the school and
its official seals to the examination and approval authorities and
register its cancellation in accordance with law.
Chapter VII Legal Liability
Article 49 Where the examination and approval authorities
for Chinese-foreign cooperation in running schools or their personnel,
by taking advantage of their office, accept money or property from
others or obtain other interests, or, by abusing their power or
neglecting their duty, issue a permit for Chinese-foreign cooperation
in running a school to those that do not meet the requirements prescribed
by these Regulations, or fail to conduct investigation when an illegal
act is discovered, if the consequences are serious and the case
violates the criminal law, the persons in charge who are responsible
and other persons directly responsible shall be investigated for
criminal liability in accordance with the provisions of the criminal
law on the crime of acceptance of bribes, the crime of abuse of
power, the crime of neglect of duty or other crimes; if the case
is not serious for criminal punishments, they shall be given administrative
sanctions in accordance with law.
Article 50 Where any authority, in violation of
the provisions of these Regulations, examines and approves a Chinese-foreign
cooperatively-run school beyond the scope of power, the document
of approval shall be null and void and the higher level authorities
shall order it to make corrections; the persons in charge who are
responsible and other persons directly responsible shall be given
administrative sanctions in accordance with law; if public property
or interests of the State and the people sustains heavy losses,
they shall be investigated for criminal liability in accordance
with the provisions of the criminal law on the crime of abuse of
power or other crimes.
Article 51 Where anyone, in violation of the provisions
of these Regulations, establishes a Chinese-foreign cooperatively-run
school without approval, or defrauds a permit for Chinese-foreign
cooperation in running the school by illegitimate means, the education
administrative department or the labour administrative department
shall ban it according to their respective functions and duties,
or, jointly with the public security organ, order it to return the
fees collected from the students, and concurrently impose a fine
of not more than 100,000 yuan; in case the criminal law is violated,
criminal liability shall be investigated in accordance with the
provisions of the criminal law on the crime of swindle or other
crimes.
Article 52 Where anyone, in violation of the provisions
of these Regulations, enrolls students within the period of preparation
for establishment of a Chinese-foreign cooperatively-run school,
the education administrative department or the labour administrative
department shall, according to their respective functions and duties,
order it to stop the enrollment of students and to return the fees
collected from the students, and concurrently impose a fine of not
more than 100,000 yuan; if the circumstances are serious and it
refuses to stop the enrollment, the examination and approval authorities
shall revoke the letter of approval for preparation for establishment.
Article 53 Where either Chinese or foreign cooperator
in running a school makes false capital contribution or withdraws
the capital contribution after establishment of the Chinese-foreign
cooperatively-run school, the education administrative department
or the labour administrative department shall, according to their
respective functions and duties, order it to make corrections within
a prescribed time limit; if it refuses to make such corrections
within the prescribed time limit, the education administrative department
or the labour administrative department shall, according to their
respective functions and duties, impose a fine of not more than
twofold of its false capital contribution or of its capital contribution
withdrawn.
Article 54 Anyone who forges, alters, buys or sells
a permit for Chinese-foreign cooperation in running a school shall
be investigated for criminal liability in accordance with the provisions
of the criminal law on the crime of forging, altering, buying or
selling certificates of a State organ or other crimes.
Article 55 Where a Chinese-foreign cooperatively-run
school adds items of fees charged or raises the level of fees charged
without approval, the education administrative department or the
labour administrative department shall, according to their respective
functions and duties, order it to return the fees overcollected,
and the pricing department shall punish it in accordance with the
provisions of the relevant laws and administrative regulations.
Article 56 Where a Chinese-foreign cooperatively-run
school causes gross adverse impacts due to its poor management or
inferior educational and teaching quality, the education administrative
department or the labour administrative department shall, according
to their respective functions and duties, order it to make rectification
within a prescribed time limit and make an announcement; if the
circumstances are serious, or no rectification is made within the
time limit, or the requirements are not met after its rectification,
the education administrative department or the labour administrative
department shall, according to their respective functions and duties,
order it to stop its enrollment of students and revoke its permit
for Chinese-foreign cooperation in running the school.
Article 57 Where anyone, in violation of the provisions
of these Regulations, issues false enrollment brochures and swindles
money or property, the education administrative department or the
labour administrative department shall, according to their respective
functions and duties, order it to make corrections within a prescribed
time limit and give a warning, confiscate its illegal gains, if
any, and may concurrently impose a fine of not more than 100,000
yuan after fees collected have been refunded, and, if the circumstances
are serious, order it to stop enrollment of students and revoke
its permit for Chinese-foreign cooperation in running the school;
if a crime is constituted, criminal liability shall be investigated
in accordance with the provisions of the criminal law on the crime
of swindle or other crimes.
Where a Chinese-foreign cooperatively-run school
issues false enrollment advertisements, it shall be investigated
for legal liability in accordance with the relevant provisions of
the Advertisement Law of the People's Republic of China.
Article 58 Where a Chinese-foreign cooperatively-run
school has its permit for Chinese-foreign cooperation in running
the school revoked as an administrative punishment, the chairperson
of its board of trustees or its board of directors, or its president
or principal administrator shall be prohibited from taking positions
of the chairperson of the board of trustees or of the board of directors,
the president or principal administrator of any Chinese-foreign
cooperatively-run school within ten years starting from the date
of revocation of its permit for Chinese-foreign cooperation in running
the school.
Those who violate the provisions of these Regulations
and the criminal law and are punished for criminal liability in
accordance with law shall be prohibited from engaging in activities
of Chinese-foreign cooperation in running schools within ten years
starting from the date of completion of service of criminal punishments.
Chapter VIII Supplementary Provisions
Article 59 Cooperation in running schools between
educational institutions from the Hong Kong Special Administrative
Region, the Macao Special Administrative Region or Taiwan and mainland
educational institutions shall be handled with reference to the
provisions of these Regulations.
Article 60 Measures for administration of for-profit
training institutions which are cooperatively run by Chinese and
foreign parties and registered at the administrative department
for industry and commerce shall be formulated separately by the
State Council.
Article 61 Specific measures for examination and
approval and administration of cooperatively-run educational projects
for offering education for academic qualifications, tutoring self-taught
students for examinations, supplementary teaching of school courses
or pre-school education, etc., which provide education mainly to
Chinese citizens and are operated jointly by foreign educational
institutions and Chinese educational institutions within the territory
of China, shall be formulated by the education administrative department
of the State Council.
Specific measures for examination and approval and
administration of cooperatively-run educational projects for offering
vocational skill training, which provide education mainly to Chinese
citizens and are operated jointly by foreign educational institutions
and Chinese educational institutions within the territory of China,
shall be formulated by the labour administrative department of the
State Council.
Article 62 No foreign educational institution, other
organization or individual may establish unilaterally schools or
other educational institutions providing education mainly to Chinese
citizens within the territory of China.
Article 63 Chinese-foreign cooperatively-run schools
established in accordance with law before the implementation of
these Regulations shall apply retroactively for permits for Chinese-foreign
cooperation in running schools as required by these Regulations.
Those that do not fully meet the requirements prescribed by these
Regulations shall, within two years starting from the date of implementation
of these Regulations, accomplish such requirements; for those that
fail to do so within the prescribed time limit, the examination
and approval authorities shall dissolve them.
Article 64 These Regulations shall be effective
as of September 1, 2003.
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