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中华人民共和国中外合作办学条例实施办法(英文版)
2017-09-19 16:45   审核人:

中外合作办学条例实施办法(英文版)

   
   

 

(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.

(转载自厦门大学国际合作与交流处网站)

faow /8464 /2009年3月26日

 

           

           

 

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