(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 peopleĄŻs 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
peopleĄŻs 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 peopleĄŻs 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 PeopleĄŻs 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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