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GUO WU YUAN LING [60]1986.4.28
Article 1 These regulations were
specially formulated to support the implementation of " Regulations of the
Communist Party Central Committee Concerning Reform of the Education System", to
speed up development of local educational affairs and to expand the sources of
funds for local educational outlays.
Article 2 All units and individuals
who pay Commodity Tax, Value Added Tax and Business Tax must now pay the
Educational Fee Supplement, according to these regulations, except for units who
pay the rural Educational Affairs Fee Supplement according to regulations in
"Announcement by the Central Government Concerning the Collection of Funds for
Educational Outlays by Rural Schools", Decree No. 174 (1984) issued by the
Central Government.
Article 3 The basis on which the Educational Fee
Supplement levy is calculated is the actual amount of Commodity Tax, Value Added
Tax and Business Tax paid by a unit or individual ; the Education Fee Supplement
rate is 2 %, levied separately from, and paid at the same time as, Commodity
Tax, Value Added Tax and Business Tax. For units engaged in production of
cigarettes and tobacco leaf products, the Educational Fee Supplement collection
is reduced to one half. Except where it is so stipulated by the Central
Government, no locality or department may take it on themselves to raise or
lower the Educational Fee Supplement rate.
Article 4 According to
currently implemented regulations, the Educational Fee Supplement payable by all
units and individuals shall be paid to their local Public Finance Office, except
for the Educational Fee Supplements of Railway systems, the People's Bank of
China Head Office, the Head Office of any Special Bank and the Head Office of
Insurance Companies, which are paid to the Central Public Finance Office where
they pay Business Tax.
Article 5 Collection of the Educational Fee
Supplement is the responsibility of the Taxation Authorities. When the
Educational Fee Supplement is under Budget management, it should be in the form
of special educational funds, used and managed following the principle of " do
not spend funds until received, and maintain lists of income and expenditure to
keep the two in balance". All levels of local People's Government shall now
follow relevant State regulations and gradually increase the educational affairs
fees in their budgets, but not reduce educational affairs grants because the
Educational Fee Supplement is now a special item of budget funds under their
management.
Article 6 Management of collection of the Educational Fee
Supplement will be handled according to relevant regulations from the Commodity
Tax, Value Added Tax and Business Tax.
Article 7 The Educational Fee
Supplements paid by enterprises, are all paid as an expense out of sales income
(or business income).
Article 8 Railway systems, the Head Office of the
People's Bank of China, the head offices of all Special Banks and the head
offices of insurance companies shall pay their Educational Fee Supplement with
their Business Tax; these funds will be distributed by the State Education
Committee on an annual basis 9 and with the agreement of the Treasury 9 to use
in programmes for laying a foundation for weak links in the education
system.
Article 9 The education departments at all levels , shall, at a
set time each year, make a report on the collection and expenditure of the
Educational Fee Supplement to the local People's Government, to their next level
management department and to the public finance department.
Article 10
All units which operate schools for the children of their employees, shall take
the initiative to pay the Educational Fee Supplement according to these
regulations. The Education Department may take into consideration the situation
in which the school is operated, and return the funds to the unit, as a subsidy
to pay educational expenses. The unit operating the school shall not use the
payment of the Educational Fee Supplement as an excuse to close down or
amalgamate a school or to reduce its scale.
Article 11 After collecting
the Educational Fee Supplement, no local education department or school at any
level shall, under any pretext, collect funds from the head of student
households or their work units, or use disguised forms of collecting funds, and
shall use no excuse to prohibit students from going to school. For those who
violate the regulations in the above paragraph, their immediate superiors shall
stop them, and the directly responsible persons shall be given administrative
punishment. Units and individuals have the right to refuse to make the payments
requested by these persons.
Article 12 Interpretation of these regulations is the responsibility of
the Ministry of Finance. Each province, autonomous region and municipality
directly under the Central Government, may take into account the locality's
actual conditions to formulate a method for their implementation.
Article
13 These regulations come into effect as of July 1, 1986.
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