Measures of Beijing Municipality for Implementation of the Law of China on Promotion of Privately-run Schools

· Document Number：Announcement No. 51 of the Standing Committee of Beijing Municipal People's Government

· Area of Law： Education

· Level of Authority： Provincial Local Regulations

· Date issued：11-03-2006

· Effective Date：03-01-2007

· Status： Effective

· Issuing Authority： Beijing Municipal People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of Beijing Municipal People's Government
(No. 51)
The Measures of Beijing Municipality for Implementation of the Law of China on Promotion of Privately-run Schools, adopted at the 32th Meeting of the Standing Committee of the 12th Beijing Municipal People's Congress on November 3, 2006, are hereby promulgated and shall be effective as of March 1, 2007.
Standing Committee of the 12th Beijing Municipal People's Congress
November 3, 2006
Measures of Beijing Municipality for Implementation of the Law of the People's Republic of China on Promotion of Privately-run Schools
(Adopted at the 32nd Meeting of the Standing Committee of the 12th People's Congress of Beijing Municipality on November 3, 2006)
Article 1 These Measures are formulated for the purpose of promoting the sound and sustainable development of the undertakings of privately-run schools in this Municipality in accordance with the provisions of the Law of the People's Republic of China on Promotion of Privately-run Schools and relevant laws or regulations and in light of the actual circumstances of this Municipality.
Article 2 These Measures shall be applicable to the activities conducted by the public organizations or individuals, other than State organs, within the administrative area of this Municipality, to establish and run schools and other institutions of education (hereinafter referred to as privately-run schools) with non-governmental financial funds, which are geared to the need of society.
Article 3 The undertakings of privately-run schools belong to public welfare undertakings and constitute a component part of the cause of socialist education of the capital. The municipal and the district or county people's governments shall encourage, support and guide the sound development of the undertakings of privately-run schools.
Article 4 The undertakings of privately-run schools of this Municipality shall stick to the principles of adapting to demands, moderating the size of student body, optimizing structures and enhancing quality to improve their service and contribution capacities to the economic and social development of this Municipality.
This Municipality shall promote the reform in the school-running system to gradually form a pattern of joint development of government-run education and privately-run education that relies mainly on the government-run schools.
Article 5 The municipal and the district or county people's governments shall incorporate the undertakings of privately-run schools into their plans of national economic and social development as well as their special plans of education development.
Article 6 This Municipality shall encourage public organizations and individuals to set up privately-run schools meeting the needs of economic and social development of this Municipality and the people's increasingly growing demands in education in various forms and provide diversified services according to law.
This Municipality shall provide the privately-run schools of high-quality meeting the needs of economic and social development, with good credits or potential for development with financial aids or other policy supports. The specific measures for financial aids and supports shall be formulated by the municipal administrative departments for education or labor and social security together with relevant departments.
Article 7 The municipal and the district or county people's governments shall set up special funds for the development of privately-run education. The measures for management and use of the funds shall be formulated by the municipal department for finance together with the municipal administrative departments for education, labor and social security, etc..
Article 8 This Municipality shall establish a rewarding system for privately-run schools to commend and reward the organizations or individuals that are outstanding in donating funds to establish privately-run schools or make other outstanding contribution to the development of the undertakings of privately-run schools of this Municipality.
Article 9 Privately-run schools shall implement the educational principles of the State, carry out quality education, guarantee the educational quality and cultivate various types of people meeting the needs of economic and social development of this Municipality.
Article 10 Privately-run schools and government-run schools, and the teachers and educatees of privately-run schools and those of government-run schools shall share equal legal status. The teachers and staff members of privately-run schools shall share equal rights with those of government-run schools in respect of professional training, appointment of posts, calculation of the length of service as a teacher or staff member, commendation and reward, social activities, etc. according to law. The educatees of privately-run schools shall enjoy equal rights as those of government-run schools of the same grade and category in respect of admission into schools of a higher grade, employment, preferential treatment, being elected as advanced students, medical insurance, etc..
The municipal and the district or county people's governments and relevant departments thereof shall, according to law, safeguard the autonomy of privately-run schools and protect the lawful rights and interests of the sponsors, principals, teachers and staff members and educatees of privately-run schools.
Article 11 The municipal administrative department for education shall be responsible for the overall planning, comprehensive coordination and macro-administration of the work relating to privately-run schools of the whole Municipality. The municipal and the district or county administrative departments for education shall be responsible for the work relating to privately-run schools according to their respective functions and duties.
The administrative departments for labor and social security and other relevant departments shall respectively be responsible for the work relating to privately-run schools within their respective functions and duties.
Article 12 The establishment of a privately-run school shall meet the need for the municipal and the district or county economic and social development and educational development.
The standards for the establishment of privately-run schools shall, mutatis mutandis, conform to those for the establishment of government-run schools of the same grade and category. Where there is no such standard, relevant provisions of the State and this Municipality shall be implemented.
Article 13 The establishment of a privately-run school shall be subject to examination and approval within the following limits of powers:
(1) the establishment of a privately-run school offering higher education for academic qualifications of regular course or a still higher level shall, in accordance with relevant provisions, be subject to examination and approval by the administrative department for education under the State Council;
(2) the establishment of a privately-run higher vocational school of special course shall be subject to examination and approval by the municipal people's government and submitted to the administrative department for education under the State Council for the record;
(3) the establishment of a privately-run school offering education for academic qualifications of a middle school level or below, pre-school education or other cultural education shall be subject to examination and approval by the district or county administrative department for education and submitted to the municipal administrative department for education for the record;
(4) the establishment of a privately-run school offering training for vocational qualifications or training in vocational skills while laying stress on vocational skills, shall be subject to examination and approval by the municipal and the district or county administrative department for labor and social security according to their respective functions and duties, which shall send a duplicate of the approval document to the administrative department for education at the same level for the record; the establishment of a privately-run technical school shall be subject to examination and approval by the municipal administrative department for labor and social security; or
(5) where it is otherwise provided for in laws or regulations, those relevant provisions shall be implemented.
Article 14 The establishment of a privately-run school shall include preparation for establishment and official establishment. A privately-run school shall not enroll students during the preparation stage.
Article 15 The sponsors of a privately-run school may make capital contribution with funds, in kind or with land use rights, intellectual property rights and other property to establish and run the school.
Any one intending to establish a privately-run school shall possess the funds needed for running the school that are commensurate with its category, size of student body and level.
The sponsors' contributions shall be verified by a qualified capital verification institution entrusted that shall issue a report on capital verification. Where the contributions are made in forms other than monetary funds, the sponsors shall also entrust a qualified valuation institution to conduct the valuation.
Article 16 The name of a privately-run school shall conform to the provisions of relevant laws and administrative regulations and be approved and registered according to law. It shall not be identical with or similar to the names of other schools already registered within the administrative area of this Municipality, and the name used in a foreign language shall be consistent with the name in Chinese already approved and registered in meaning.
Article 17 The general regulations and advertisements for student enrollment published by a privately-run school shall conform to the provisions of laws and regulations and be submitted to the examination and approval authority for the record.
The general regulations and advertisements for student enrollment shall be truthful and accurate. The contents of the general regulations and advertisements for student enrollment shall be consistent with the materials submitted to the examination and approval authority for the record. The education and teaching activities organized by a privately-run school shall be consistent with the commitments made in the general regulations and advertisements for student enrollment. A privately-run school publishing a false general regulation or advertisement for student enrollment for the purpose of defrauding money shall be penalized by the examination and approval authority in accordance with the provisions of Article 62 of the Law of the People's Republic of China on Promotion of Privately-run Schools.
Article 18 A privately-run school shall set up an executive council, a board of directors or other forms of decision-making bodies of the school which shall perform its functions and duties according to law. A privately-run school shall establish and improve systems of internal management, democratic participation of teachers and staff members, dispute mediation, etc..
Article 19 A privately-run school shall establish teaching management systems on teaching and cultivation plan, teaching operation, teaching quality monitoring, etc. to ensure the teaching quality. A privately-run school is encouraged to conduct educational and teaching reforms and carry out practical explorations in courses and teaching materials.
Article 20 A privately-run school offering education for academic qualifications shall establish a system for administration of students' records which shall be submitted to the examination and approval authority for the record; a privately-run school offering education for non-academic qualifications shall establish a student registration system and records for students' performances.
Article 21 A privately-run school shall establish a safety management system, perform the corresponding safety management responsibilities and bring to success the work concerning the safety management within the school.
Article 22 A privately-run school shall, in accordance with law, establish financial and accounting systems and assets management system, keep account books in accordance with relevant provisions of the State, conduct accounting practice and prepare financial reports according to the Accounting Law of the People's Republic of China and the uniform accounting system of the State, and entrust a social auditing institution to conduct auditing according to law. The audit results shall be made known to the public and submitted to the examination and approval authority for the record.
Article 23 A privately-run school with the status of a private non-enterprise legal person shall sign labor contracts with the teachers, staff members and other working staff it engages. Where a part-time teacher, a staff member or other working staff employee is employed, an employment agreement shall be signed.
Where a dispute happens, the parties concerned may either seek mediation in the school or apply for labor arbitration with the labor arbitration institution in the place where the school is located. Anyone disagreeing with the arbitration result may bring a lawsuit to the court.
Where a privately-run school employs a foreign staff member, the matter shall be handled in accordance with relevant provisions of the State
Article 24 Teachers and other working staff of a privately-run school shall have the right to form a trade union organization to protect their lawful rights and interests according to the Labor Union Law.
Article 25 A privately-run school offering education for academic qualifications shall establish a system for handling students' petition. The educatees disagreeing with the school's handling shall have the right to make petition to the school and the school shall carry out reconsideration.
Where a privately-run school infringes upon the lawful rights or interests of educatees, the educatees and their relatives shall have the right to make petition to the administrative departments for education, labor and social security and other relevant departments, and the said departments shall handle it without delay.
Article 26 A privately-run school may independently set up posts of teachers and other professional technicians according to its actual circumstances and appoint those working staff on its own.
The administrative departments for education, labor and social security, personnel, etc. shall incorporate the professional and technical post evaluation of the teachers and other professional technicians of privately-run schools into the scope of the professional and technical post evaluation organized by themselves.
Article 27 The administrative departments for education, labor and social security, etc. shall incorporate the training of the teachers of privately-run schools into the teacher training plans.
A privately-run school shall establish a teacher training system to carry out ideological, political and professional trainings on the teachers appointed, encourage and support the teachers to participate in scientific research, technical innovations, academic exchanges and social practices.
Article 28 A privately-run school that intends to alter its address or adds teaching sites beyond the area approved by the examination and approval authority shall go through the examination and approval and registration procedures once again. A privately-run school that intends to add teaching sites within the area approved by the examination and approval authority shall submit the matter to the examination and approval authority for the record. Where a privately-run school fails to submit such matter for the record, the examination and approval authority shall order it to make corrections with a prescribed time limit.
Article 29 With respect to the items and rates of fees to be collected by a privately-run school from educatees who receive education for academic qualifications, a written application shall be submitted by a privately-run school to the administrative department for education or labor and social security according to the category and subordinate relationship of the school for examination and verification, and then submitted to the competent department for price for approval, and the items and rates of fees approved shall be made known to public; and the items and rates of fees to be collected from other educatees shall be worked out by the privately-run school and submitted to the competent department for price for the record and made known to the public.
A privately-run school shall, in accordance with relevant provisions of the municipal administrative departments for education or labor and social security, formulate a specific measure for returning tuition fees, make it known to the public and submit it to the examination and approval authority for the record; a privately-run school shall sign relevant agreements with the educatees according to the measure for returning tuition fees, and where an educatee leaving the school or transferring to another school requires the tuition fees to be returned, the matter shall be handled according to the agreement signed by the two parties.
Where a privately-run school, in violation of the provisions of the second paragraph of this Article, fails to make known to the public the measure for returning tuition fees or fails to submit it to the examination and approval authority for the record, the examination and approval authority shall order it to make corrections within a prescribed time limit.
Article 30 The education supervision institutions of the municipal and the district or county people's governments shall, according to law, exercise supervision over privately-run schools to promote enhancing the quality of such schools.
The administrative departments for education or labor and social security shall strengthen routine supervision over privately-run schools, and regularly conduct evaluation of or entrust social intermediary bodies with evaluation of the level of school running and the quality of education of such schools, and make the evaluation results of known to the society.
Article 31 The administrative departments for education or labor and social security shall, in supervising over privately-run schools, put on the record the supervision exercised and the results of disposition, which shall be signed by supervisors before being placed on file. The public has the right to consult the records of supervision.
Article 32 The administrative departments for education, labor and social security, etc. shall establish an information disclosure system of privately-run schools to regularly make known to the society the basic circumstances, assessment on education and teaching quality and financial auditing of privately-run schools, the rewards and punishments received by schools, etc..
Article 33 Where a privately-run school is newly constructed or expanded, relevant government departments shall give it preferential treatment in accordance with the provisions on the use of land for, and the construction of, public welfare undertakings. The specific measures shall be jointly formulated by the municipal administrative departments for education, labor and social security, state land resource management, construction, etc..
Article 34 Relevant government departments shall ensure that privately-run schools may enjoy the same policy treatment as government-run schools in respect of supply of water, power, gas, etc..
Article 35 A privately-run school established with donated funds and a privately-run school the fund providers of which demand no rational requital shall enjoy the equal tax preferential treatment and other preferential policies with a government-run school according to law.
A privately-run school the fund providers of which demand no rational requital shall enjoy the preferential tax policy in accordance with relevant provisions of the State.
Article 36 The district or county people's governments may, according to the needs for offering compulsory education within their respective administrative areas, conclude agreements with privately-run schools to entrust them with part of the tasks of compulsory education. Where the district or county people's governments entrust privately-run schools with the task of compulsory education, it shall appropriate the corresponding funds for education on the basis of the number of students who accept compulsory education and the average standards of funds for education for one student in local government-run schools offering compulsory education.
The fees collected by an entrusted privately-run school from the students who are enrolled on the basis of such agreements shall not be higher than the fee rates of the local government-run schools of the same grade and category.
Article 37 A privately-run school that, in violation of the provisions of Article 14 of these Measures, enrolls students during the preparation stage for establishment shall be ordered to stop enrolling students by the examination and approval authority and return the fees collected from the students.
Article 38 A privately-run school which, in violation of the provisions of Articles 18, Article 19 or Article 20 of these Measures, fails to establish and improve a management institution and management system leading to haphazard management or low quality of education and teaching and causing baneful influences shall be ordered to make corrections within a prescribed time limit and given a warning by the examination and approval authority; the privately-run school failing to make corrections at the expiration of a prescribed time limit or failing to meet the requirement upon making corrections shall be ordered to stop enrolling students or revoked its license for running the school.
Article 39 A privately-run school which, in violation of the provisions of Article 28 of these Measures, without approval, alters its address without authorization or adds a teaching site beyond the area approved by the examination and approval authority shall be ordered to make corrections within a prescribed time limit by the municipal administrative departments for education or labor and social security and the administrative departments for education or labor and social security of the district or county where it is located according to their respective powers; if the school conforms to the conditions provided for regarding privately-run schools, it may go through the formalities of examination and approval separately; if it fails to meet the conditions at the expiration of a prescribed time limit, it shall be ordered to stop running the school, and if economic losses are caused, it shall bear the responsibility to pay compensation according to law.
Article 40 A privately-run school in violation of other provisions of these Measures shall be handled by the administrative departments for education, labor and social security, industry and commerce, civil affairs, etc. in accordance with provisions of relevant laws or regulations.
Article 41 The administration of profit-making privately-run training institutions registered with the administrative departments for industry and commerce shall be carried out in accordance with provisions of relevant laws or regulations.
Article 42 These Measures shall be effective as of March 1, 2007. The Several Provisions of Beijing Municipality on Schools Run by Social Forces promulgated by Decree No. 59 of the People's Government of Beijing Municipality on July 11, 2000 shall be repealed simultaneously.