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Law of the People's Republic of China on Promoting Private Education (Effective from September 1, 2017)

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Law of the People's Republic of China on Promoting Private Education (Effective from September 1, 2017)

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[Abstract]:
The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Promoting Private Education has been approved by the 24th meeting of t
President of the People's Republic of China
 
Fifty-fifth
  The Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Promoting Private Education has been approved by the 24th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on November 7, 2016 , Is now for release and will come into effect on September 1, 2017.
 
 
   Xi Jinping, chairman of the People's Republic of China
 
  November 7, 2016
 
People 's Republic of China Private Education Promotion Law
 
 
  (Adopted at the 31st Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2002 Adopted According to the Third Session of the Standing Committee of the Twelfth National People's Congress on June 29, 2013 Concerning the Revision of the Chinese People Republic of China Law on the Protection of Cultural Relics and Other 12 Laws ”First Amendment According to the Twenty-Fourth Session of the Standing Committee of the Twelfth National People's Congress on November 7, 2016,“ On Amending the People's Republic of China's Promulgation of Private Education Law> decision ”second amendment)
 
 
Chapter I General Provisions
 
  Article 1 This law shall be formulated in accordance with the Constitution and the Education Law for the purpose of implementing the strategy of rejuvenating the country through science and education, promoting the healthy development of private education, safeguarding the legitimate rights and interests of private schools and educators.
 
  Article 2 This Law shall apply to social organizations or individuals other than state agencies that utilize non-state financial funds to organize activities of schools and other educational institutions for the society. This law is not provided, in accordance with the education law and other relevant education laws.
 
  Article 3 The private education undertaking belongs to the public welfare undertaking and is an integral part of the socialist education.
 
  The state implements the principle of actively encouraging, supporting, guiding correctly and administering according to law by privately-run education.
 
  People's governments at all levels should incorporate private education into their national economic and social development plans.
 
  Article 4 Private schools shall abide by laws and regulations, implement the education policy of the country, ensure the quality of education, and devote themselves to cultivating all kinds of personnel for the cause of socialism construction.
 
  Private schools should implement the principle of separating education from religion. No organization or individual may use religion for activities that impede the national education system.
 
  Article 5 Private schools and public schools have the same legal status, and the state guarantees the autonomy of running schools for private schools.
 
  The state guarantees the legitimate rights and interests of organizers, principals, faculty and educators of private schools.
 
  Article 6 The state encourages donations to run schools.
 
  The state rewards and recognizes those organizations and individuals that made outstanding contributions to the development of private education.
 
  Article 7 The education administrative department of the State Council shall be responsible for the overall planning, comprehensive coordination and macro-management of the private education in the whole country.
 
  The administrative department for human resources and social security under the State Council and other relevant departments shall be responsible for the relevant private education work within the scope of their duties stipulated by the State Council.
 
  Article 8 The educational administrative departments of the people's governments at various levels above the county level shall be responsible for the privately-run education within their respective administrative regions.
 
  The administrative departments of human resources and social security of the people's governments at or above the county level and other relevant departments under their respective responsibilities shall be responsible for the relevant private education work respectively.
 
  Article 9 The grassroots organizations of the Chinese Communist Party in private schools carry out the activities of the Party in accordance with the provisions of the charter of the Communist Party of China and strengthen the party's construction.
 
The second chapter is established
 
  Article 10 The social organization holding a private school shall have legal person status.
 
  Individuals holding private schools should have political rights and full civil capacity.
 
  Private schools should have the legal person conditions.
 
  Article 11 The establishment of private schools shall meet the needs of local education development and shall have the conditions stipulated in the Education Law and other relevant laws and regulations.
 
  Private schools set standards with reference to the same level of public schools set standards.
 
  Article 12 To hold a privately-run school that implements academic education, pre-school education, self-study examinations and other cultural and educational education shall be examined and approved by the educational administrative department of the people's government at or above the county level according to the authority prescribed by the state; conduct vocational qualification mainly based on vocational skills Training, vocational skills training of private schools by the people's government at or above the county level human resources and social security administrative departments in accordance with the authority of the state approval, and copied to the same level education administration for the record.
 
  Article 13 When applying for the establishment of a private school, the organizer shall submit the following materials to the examination and approval authority:
 
  (1) The bid invitation report shall mainly include: organizers, training objectives, scale of running a school, level of running a school, form of running a school, conditions for running a school, internal management system, fund raising, management and use;
 
  (B) the organizer's name, address or name, address;
 
  (3) The sources of assets, the amount of funds and valid supporting documents and the ownership of the assets;
 
  (4) Schools of a donated nature are required to submit a donation agreement containing the names of the donors, the amount, purpose and management of the donated assets and relevant valid certificates.
 
  Article 14 The examination and approval authority shall, within thirty days from the date of accepting the application for the establishment of a private school, make a written decision on whether or not to agree.
 
  Agreed to prepare, issued to the preparation of the instrument of ratification. If they do not agree with the plan, they should explain the reasons.
 
  The preparation period can not exceed three years. More than three years, organizers should re-declare.
 
  Article 15 To apply for the formal establishment of a private school, the organizer shall submit the following materials to the examination and approval organ:
 
  (A) preparation of approval;
 
  (B) the preparation of the situation report;
 
  (C) the school charter, the first school board of directors, board of directors or other decision-making body composition list;
 
  (D) a valid proof of school assets;
 
  (E) the qualifications of the principal, teachers, accounting personnel documents.
 
  Article 16 With the conditions for running a school and meeting the set standards, it may directly apply for formal establishment and shall submit the materials as provided for in Article 13 and Article 15 (3), (4) and (5) of this Law.
 
  Article 17 When applying for the formal establishment of a private school, the examination and approval authority shall, within three months from the date of acceptance, make a written decision on whether or not to approve the application and submit it to the applicant. Where an application for formal establishment of a private higher education institution is made, the examination and approval authority He may, within six months from the date of acceptance, make a written decision on whether or not to approve it, and deliver the same to the applicant.
 
  Article 18 The examination and approval authority shall issue a school-running permit to the privately-run school that is formally established.
 
  The examination and approval authority shall, when justifying the formal establishment of the examination and approval authority, state the reasons.
 
  Article 19 The organizers of private schools may choose to set up non-profit or profit-making private schools at their own discretion. However, for-profit private schools that implement compulsory education should not be established.
 
  The organizers of non-profit private schools may not obtain the proceeds from running schools, and the school running balances are all used for running schools.
 
  Organizers of profit-making private schools can obtain proceeds from running schools. School running balances are handled in accordance with relevant laws and administrative regulations such as the Company Law.
 
  After a private school has obtained a school permit, it shall register as a legal person, and the registration organ shall handle it in accordance with the law.
 
 
Chapter III School Organization and Activities
 
  Article 20 Private schools shall set up school boards, board of directors or other forms of decision-making bodies and establish corresponding supervisory mechanisms.
 
  The organizers of private schools are involved in the school running and management according to the authority and procedure stipulated in the school charter.
 
  Article 21 The school council or board of directors shall be composed of organizers or their representatives, school principals and faculty staff representatives. More than a third of the directors or directors should have more than five years of education and teaching experience.
 
  The school board or the board of directors consists of five or more members and has a chairman or chairman. Chairman, director or chairman, list of directors submitted to the examination and approval authority for the record.
 
  Article 22 The school council or the board of directors exercises the following powers:
 
  (A) to appoint and dismiss principals;
 
  (B) modify the school charter and the development of school rules and regulations;
 
  (3) to make a development plan and approve an annual work plan
 
  (4) Raising funds for running schools, examining the budget and final accounts;
 
  (5) to decide on the establishment quotas and salary standards of staff and workers;
 
  (6) Deciding on the separation, merger and termination of the school;
 
  (Seven) decide other major issues.
 
  The authority of other forms of decision-making bodies shall be implemented with reference to the provisions of this article.
 
  Article 23 The legal representative of a private school shall be the chairman, chairman or principal.
 
  Article 24 Non-government-run schools may, with reference to the qualifications of the principals of similar public schools at the same level, employ principals, and their age may be appropriately relaxed.
 
  Article 25 The principals of private schools shall be responsible for the education, teaching and administration of schools and shall exercise the following powers:
 
  (1) The decision to implement the school council, the board of directors or other forms of decision-making organs;
 
  (B) the implementation of development planning, preparation of the annual work plan, financial budget and school rules and regulations;
 
  (3) Engage and dismiss school staff and implement rewards and punishments;
 
  (4) To organize education, scientific research activities and ensure the quality of education and teaching;
 
  (E) responsible for the day-to-day management of the school;
 
  (Vi) other authority of the school council, board of directors, or other form of decision-making body.
 
  Article 26 The privately-run schools may issue certificates of academic qualifications, graduation certificates or training certificates to students enrolled according to their categories, academic years, and academic achievements.
 
  Students who receive vocational skills training, accredited by the government-accredited vocational skills appraisal agencies, may be issued a national vocational qualification certificate.
 
  Article 27 Private schools shall, in accordance with law, guarantee the participation of staff and workers in the democratic management and supervision through such forms as the faculty and staff representatives with teachers as the main body.
 
  Teachers and other staff members of private schools have the right to establish trade union organizations and safeguard their legitimate rights and interests in accordance with the trade union law.
 
 
Chapter IV teachers and educated
 
  Article 28 Teachers and educators in private schools shall have equal legal status with teachers and educators in public schools.
 
  Article 29 Teachers appointed by private schools shall have the qualifications for teaching as prescribed by the State.
 
  Article 30 Private schools shall conduct ideological and moral education and business training for teachers.
 
  Article 31 Private schools shall protect the salaries, benefits and other legal rights and interests of faculty and staff members and pay social insurance premiums for faculty and staff members in accordance with the law.
 
  The state encourages private schools to handle supplemental pension insurance for faculty members in accordance with state regulations.
 
  Article 32 The staff and workers of private schools enjoy the same rights as public school faculty and staff members in accordance with the law in business training, appointment of staff, calculation of teaching age and length of service, recognition and reward, and social activities.
 
  Article 33 Private schools shall safeguard the lawful rights and interests of educated persons according to law.
 
  Private schools in accordance with the provisions of the state to establish student status management system, to educate those who reward or punished.
 
  Article 34 Educated persons in private schools shall enjoy the same rights as educated persons in public schools of the same kind at the same level in terms of further studies, employment, social preferential treatment and participation in advanced judging.
 
 
Chapter V School Assets and Financial Management
 
  Article 35 Private schools shall establish financial and accounting systems and asset management systems in accordance with the law and set up accounting books in accordance with the relevant provisions of the state.
 
  Article 36 Private schools accumulate the assets, state-owned assets, donated property, and education accumulated by sponsors into private schools and enjoy the legal person's property rights.
 
  Article 37 During the existence of private schools, all assets are managed and used by private schools according to law, and no organization or individual may occupy them.
 
  No organization or individual may charge private education institutions any fees in violation of laws and regulations.
 
  Article 38 The items and standards for fees charged by private schools shall be determined according to the factors such as the cost of running a school and the market demand, publicized to the public and shall be supervised by the relevant departments in charge.
 
  The specific measures for charging non-profit private schools shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The fee-charging standards for non-profit private schools shall be market-regulated and decided by the schools at their own discretion.
 
  The fees charged by private schools should mainly be used for education and teaching activities, improve school conditions and protect the treatment of staff and workers.
 
  Article 39 The use and financial management of the assets of private schools shall be supervised by the examination and approval authorities and other relevant departments.
 
  Private schools shall make financial and accounting reports at the end of each fiscal year, entrust an accounting firm to conduct audits according to law, and announce the results of audits.
 
 
Chapter VI Management and Supervision
 
  Article 40 The education administrative department and the relevant departments shall provide guidance to the education and teaching work and teacher training in private schools.
 
  Article 41 The education administrative department and relevant departments shall, in accordance with the law, supervise privately-run schools and establish a public information and credit file system for private schools to promote the quality of running schools; organize or entrust social intermediaries to evaluate the level of running schools and the quality of education; Announce to the society.
 
  Article 42 Admission brochures and advertisements of private schools shall be reported to the examination and approval authority for the record.
 
  Article 43 Where a private school violates the lawful rights and interests of the educated, the educated and their relatives have the right to appeal to the educational administrative department and other relevant departments, and the relevant department shall handle it promptly.
 
  Article 44 The state supports and encourages social intermediary organizations to provide services for private schools.
 
Chapter VII support and reward
 
  Article 45 The people's governments at or above the county level may set up special funds to subsidize the development of private schools, reward and reward outstanding collectives and individuals.
 
  Article 46 People's governments at or above the county level may take measures such as purchasing services, student loans, scholarships and renting and transferring idle state-owned assets to support non-government funded schools. Government subsidies may also be adopted for non-profit private schools , Fund rewards, donation incentives and other supporting measures.
 
  Article 47 Private schools enjoy preferential tax policies stipulated by the state. Among them, non-profit private schools enjoy the same tax preferential policies as public schools.
 
  Article 48 Private schools may, in accordance with the relevant laws and regulations of the state, accept donations from citizens, legal persons or other organizations.
 
  Citizens, legal persons or other organizations that donate property to private schools in China shall be given tax concessions by the state and be commended.
 
  Article 49 The state encourages financial institutions to use credit instruments to support the development of private education.
 
  Article 50 Where a people's government entrusts a private school to undertake the task of compulsory education, it shall allocate the corresponding education funds according to the entrustment agreement.
 
  Article 51 New construction and expansion of non-profit private schools and people's governments shall give land-use concessions by means of transfer and other measures on the same principle as public-run schools. Newly-built and expanded privately-run profit-making schools and people's governments shall provide the land according to state regulations.
 
  Education should not be used for other purposes.
 
  Article 52 The state shall take measures to support and encourage social organizations and individuals to run private schools and develop education in remote and poverty-stricken areas in minority nationalities.
 
 
Chapter VIII Changes and Termination
 
  Article 53 The separation and merger of private schools shall be submitted to the examination and approval authority for approval by the school board or the board of directors after the financial settlement.
 
  To apply for separation or merger of private schools, the examination and approval authority shall reply in written form within three months from the date of accepting the application. Where the application for separation and merger of private higher education institutions, the examination and approval authority may, within six months from the date of acceptance, Form reply.
 
  Article 54 The alteration of the sponsor of a private school shall be made by the organizer. After the financial settlement is completed, the approval of the examination and approval organ shall be submitted to the approval of the school council or the board of directors for approval.
 
  Article 55 The names, levels and categories of private schools shall be approved by the school council or the board of directors at the examination and approval authority.
 
  Application for change to other private schools, the examination and approval authority shall accept the written reply within three months from the date of acceptance; where the application changes to private colleges and universities, the examination and approval authority may also accept the date of six months from the date of written reply .
 
  Article 56 Non-government-run schools shall be terminated in any of the following circumstances:
 
  (1) The termination of the application according to the provisions of the school charter and the approval of the examination and approval authority;
 
  (B) the suspension of school permits;
 
  (C) due to insolvency unable to continue running school.
 
  Article 57 When a non-governmental school is terminated, students in schools should be properly resettled. At the end of the implementation of compulsory education private schools, the examination and approval authorities should assist schools to arrange students to continue their studies.
 
  Article 58 When a non-governmental school is terminated, it shall carry out financial settlement according to law.
 
  Where a private school terminates its own request, it shall be liquidated by a private school; if it is withdrawn by the examining and approving organ according to law, it shall be subject to liquidation by the examining and approving authorities; liquidated due to the insolvency failure of the non-government funded school shall be liquidated by the people's court.
 
  Article 59 The property of private schools shall be repayable in the following order:
 
  (1) Tuition, miscellaneous fees and other expenses should be refunded by educators;
 
  (2) The salary of teaching staff and the social insurance premiums payable;
 
  (C) repay other debt.
 
  Non-profit private schools to pay the remaining debts after the remaining assets continue to be used for other non-profit schools; for-profit private schools to pay the remaining debts after the remaining property, in accordance with the relevant provisions of the company law.
 
  Article 60 In the terminated private schools, the examining and approving authorities shall withdraw the school permit and destroy the seal, and shall cancel the registration.
 
 
Chapter IX Legal Liability
 
  Article 61 Private schools that violate the provisions of the Education Law and the Teachers 'Law in educational activities shall be punished in accordance with the relevant provisions of the Education Law and the Teachers' Law.
 
  Article 62 If any private school has any of the following acts, the educational administrative department of the people's government at or above the county level, the administrative department of human resources and social security, or other relevant departments shall order it to correct within a time limit and give a warning; if any illegal gains are received, If the circumstances are serious, they shall be ordered to stop enrolling students and revocation of their school permits. If a crime is constituted, they shall be investigated for criminal responsibility according to law:
 
  (A) unauthorized split, the merger of private schools;
 
  (2) Changing the names, levels, categories and organizers of private schools without authorization;
 
  (3) issuing false admissions brochures or advertisements to cheat money
 
  (4) illegally issuing or faking a diploma, a certificate of completion, a certificate of training or a vocational qualification certificate;
 
  (E) Management chaos seriously affect education and teaching, resulting in adverse social impact;
 
  (6) Submit false documents or take other fraudulent means to conceal important facts to obtain a school permit;
 
  (7) forging, altering, trading, renting or lending a school license;
 
  (8) malicious termination of school, withdraw funds or misappropriating school funding.
 
  Article 63 If ??the educational administrative department of the people's government at or above the county level, the administrative department of human resources and social security, or any other relevant department has any of the following acts, the organ at a higher level shall order it to make corrections; if the circumstances are serious, the direct responsible supervisor and others Those directly responsible shall be punished according to law; if economic losses are caused, they shall be liable for compensation according to law; if they constitute a crime, they shall be investigated for criminal responsibility according to law:
 
  (A) has accepted the establishment of an application, do not reply overdue;
 
  (2) to approve applications that fail to meet the requirements of this Law;
 
  (C) neglect management, resulting in serious consequences;
 
  (4) Collecting fees in violation of the relevant provisions of the state;
 
  (5) Violating the legitimate rights and interests of private schools;
 
  (6) other abuse of power, practice favoritism and favoritism.
 
  Article 64 Anyone who organizes privately-run schools in violation of the relevant provisions of the State shall be ordered by the education administrative department of the local people's government at or above the county level or the administrative department of human resources and social security in the same department of public security, civil administration or administration for industry and commerce to stop running the school, Refunded the fees and charges and imposed a fine of not less than one time but not more than five times the illegal income of the sponsor. If a public security organ acts in violation of the public security administration, the public security organ shall give the public security organ a punishment according to law; if a crime is constituted, criminal liability shall be investigated according to law.
 
Chapter X Supplementary Provisions
 
  Article 65 The private schools referred to in this Law include other privately-run educational institutions organized in accordance with the law.
 
  The principal referred to in this Law includes the chief administrative responsible persons of other private educational institutions.
 
  Article 66 Measures for the cooperation between schools and individuals abroad on the cooperation in running schools in China shall be formulated by the State Council.
 
  Article 67 This Law shall come into force on September 1, 2003. July 31, 1997 the State Council promulgated the “Regulations for the Administration of Social Services” abolished at the same time.
 
 
 
 
 
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