Regulations of the Peoples Republic of China on Sino-Foreign Cooperative Education

文章摘要 该条例规范中外合作办学,明确其属于中国教育事业组成部分,应遵守中国法律与教育方针,不得损害国家主权、安全和社会公共利益。鼓励引进优质外国教育资源,重点支持高等教育与职业教育,但禁止义务教育及军事、警察、政治等特殊性质教育,禁止外国宗教组织和人员从事合作办学或宗教教育。设立机构须具备法人资格,知识产权出资原则上不超过各自出资三分之一,并按办学类型确定审批层级,为合作办学准入与监管提供实务指引。

Chapter 1 General Provisions
 Article 1 In order to regulate the activities of Sino-foreign cooperative education activities, to strengthen foreign exchange and cooperation in education, and to promote the development of education undertakings, these Regulations are enacted in accordance with the Education Law of the People's Republic of China, the Law of the People's Republic of China on Occupational Education and the Law of the People's Republic of China on Promotion of Privately-Run Education.
 Article 2 The activities of launching education institutions (hereinafter referred to Sino-foreign cooperative education institutions) mainly aiming at enrolling Chinese citizens by foreign education institutions and Chinese education institutions (hereinafter referred to as Sino-foreign cooperative educators) within China shall be governed by the present Regulations.
 Article 3 Sino-foreign cooperative education is a public undertaking, and is a part of Chinese education undertakings.
The state adopts the policies of wider opening to the outside world, standard education activities, administration by force of law and promotion of the development for Sino-foreign cooperative education.
The state encourages the Sino-foreign cooperative education that introduces high-quality foreign education resources. The state encourages Sino-foreign cooperative education in the areas of higher education and occupational education, and encourages Chinese higher education institutions to cooperate with famous foreign higher education institutions in running schools.
 Article 4 The legitimate rights and interests of Sino-foreign cooperative educators and Sino-foreign cooperative education institutions are under the protection of Chinese laws.
Sino-foreign cooperative education institutions are entitled to the preferential policies of the state according to law, and shall carry out education and teaching activities independently according to law.
 Article 5 Sino-foreign cooperative education must be in conformity with Chinese laws, implement Chinese education policies, comply with Chinese public ethics, and may not impair the state sovereignty, security, or public interest.
Sino-foreign cooperative education shall meet the needs of the development of Chinese education undertakings, guarantee the education quality, and commit to foster a variety of talents for the socialist construction cause of China.
 Article 6 Sino-foreign cooperative educators may cooperate to launch education institutions at various levels. Nevertheless, they may not launch any institution carrying out compulsory education, or education of special natures, such as military, police and politics etc.
 Article 7 Foreign religious organizations, religious institutions, religious universities and colleges, and religious instructors may not engage in cooperative education activities within China.
Sino-foreign cooperative education institutions may not engage in any religious education or carry out any religious activities.
 Article 8 The administrative department of education under the State Council shall be in charge of the overall planning, comprehensive coordination and macroscopic administration of Sino-foreign cooperative education work of the whole nation. The administrative departments of education, labor and other administrative departments under the State Council shall be in charge of the relevant Sino-foreign cooperative education work within the scope of duties as provided for by the State Council.
The administrative departments of education of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be in charge of the overall planning, comprehensive coordination and macroscopic administration of Sino-foreign cooperative education work within their respective administrative areas. The administrative departments of education, labor and other administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be in charge of the relevant Sino-foreign cooperative education work within the scope of their duties and within their respective administrative areas.
 
Chapter 2 Establishment
 Article 9 The parties applying for establishment of a Sino-foreign cooperative education institution shall be qualified as a legal person.
 Article 10 Sino-foreign cooperative educators may use fund, property in kind, land use rights, intellectual property rights and other properties as investment for establishing the institutions.
The investment made in the form of intellectual property rights in the Sino-foreign cooperative educators may not exceed one third of their respective contribution to the investment. However, for the foreign education institutions that are invited to China by the administrative departments of education, labor under the State Council or by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government for cooperative education, the investment of intellectual property right of them may exceed one third of their total investment.
 Article 11 A Sino-foreign cooperative education institution shall meet the basic conditions set forth by the Education Law of the People's Republic of China, the Law of the People's Republic of China on Occupational Education and the Law of the People's Republic of China on Higher Education, and shall be qualified as a legal person. However, for a Sino-foreign cooperative education institution that is established by a foreign education institution and a university or college of China, which carries out diploma education, to carry out diploma education, it is not required to be qualified as a legal person.
The establishment of a Sino-foreign cooperative education institution shall be executed by reference with the state standards for establishing education institutions of the same level and kind.
 Article 12 Applications for establishing Sino-foreign cooperative education institutions carrying out undergraduate diploma or higher education shall be subject to the examination and approval by the State Council; applications for establishing Sino-foreign cooperative education institutions carrying out higher training education and non-diploma higher education shall be subject to the examination and approval of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government of the places where the institutions to be established are located.
Applications for establishing Sino-foreign cooperative education institutions carrying out middle-level diploma education and self-study examination assistance education, continuation education and preschool education shall be subject to the examination and approval of the administrative departments of education under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government of the places where the institutions to be established are located.
Applications for establishing Sino-foreign cooperative education institutions carrying out occupational training shall be subject to the examination and approval of the administrative department of labor under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government of the places where the institutions to be established are located.
 Article 13 Establishment of Sino-foreign cooperative education institutions is divided into two steps, i.e., the preparatory establishment and the formal establishment.
However, those meeting the conditions for running education institutions and the standards for establishment may directly apply for formal establishment.
 Article 14 The following documents shall be submitted for the application for establishing a Sino-foreign cooperative education institution:
 1) Application report, the contents of which shall include: names of the Sino-Foreign cooperative education institutions and the Sino-Foreign cooperative education institution to be established, objective of education, education scale, level, form and conditions, internal management system, fund raising and the management and use of fund etc;
 2) Cooperation agreement, the content of which shall include: cooperation duration, and methods for settlement of disputes etc;
 3) Assets source, the amount of fund, and the valid certificates, all of which shall indicate the ownership;
 4) The donation agreement shall be submitted for the donated assets of the institutions, indicating the name of the donator, amount, purpose of use and management measures of the donated assets, as well as the relevant valid certifications;
 5) Evidence for fulfillment of the initiation fund of no less than 15% of the investment of the Sino-Foreign cooperative education institutions.
 Article 15 With respect to an application for preparatory establishment of a Sino-foreign cooperative education institution, the examination and approval department shall, within 45 workdays from the day of accepting the application, make the decision whether to approve or not. If approval is granted, a letter of approval for preparation of establishment shall be issued to the applicant; if not, the reasons shall be explained in written form.
 Article 16 Where an applicant gets the approval to prepare the establishment of Sino-foreign cooperative education institution, it shall file the application for formal establishment within 3 years from the day of approval; and the Sino-Foreign cooperative education institutions shall file a new application upon expiration of the period of 3 years.
No student may be enrolled within the period of preparatory establishment.
 Article 17 The following documents shall be submitted where a party applies for formal establishment upon completing the preparations for establishment:
 1) Application form for formal establishment;
 2) Letter of approval for preparatory establishment;
 3) Report on preparation for the establishment;
 4) Articles of association of the Sino-Foreign cooperative education institution, name list of the members of the first council, board of directors or joint administrative committee;
 5) Valid certifications of the assets of the Sino-Foreign cooperative education institution;
 6) Qualification certificates of the president or the major administrative principal, and of the teachers and financial personnel.
In case of direct application for establishment of a Sino-Foreign cooperative education institution, the documents specified in Items 1), 4), 5), 6) of the preceding paragraph, and in Items 2), 3) and 4) of Article 14 shall be submitted.
 Article 18 With respect to an application for formal establishment of a Sino-foreign cooperative education institution carrying out non-diploma education, the examination and approval department shall make the decision to approve or not within 3 months from the day of accepting the application; with respect to an application for formal establishment of a Sino-foreign cooperative education institution carrying out diploma education, the examination and approval department shall make the decision whether to approve or not within 6 months from the day of accepting the application. If approval is granted, a license for Sino-foreign cooperative education that is uniformly formatted and numbered shall be issued to the applicant; if approval is not granted, the reasons shall be explained in written form.
The format of the license for Sino-foreign cooperative education shall be formulated by the administrative department of education under the State Council, and the printing of the licenses shall be organized by the administrative departments of education and labor under the State Council respectively according to the division of their functions. The license for Sino-Foreign cooperative education shall be uniformly numbered by the administrative department of education under the State Council, the specific measures for which shall be set forth by the administrative department of education under the State Council in conjunction with the administrative department of labor under the State Council.
 Article 19 With respect to an application for formal establishment of a Sino-foreign cooperative education institution carrying out diploma education, the examination and approval department shall, after accepting the application, organize an expert committee, which shall give advisory opinions, to review the application.
 Article 20 Where a Sino-foreign cooperative education institution obtains the license for Sino-foreign cooperative education, it shall make the registration pursuant to the relevant laws and administrative regulations, and the registration department shall handle the case in a timely manner pursuant to the relevant provisions.
 
Chapter 3 Organization and Administration
 Article 21 A Sino-foreign cooperative education institution qualified as a legal person shall set up the council or board of directors, and a Sino-foreign cooperative education institution not qualified as a legal person shall set up the joint administrative committee. The Chinese members in the council, board or joint administrative committee may not be less than half of the total number.
The council, board or joint administrative committee shall be composed of 5 persons or more, and shall have 1 council chairperson and 1 deputy council chairperson; 1 board chairperson and 1 deputy board chairperson, or 1 director and 1 deputy director. Where either party to the Sino-Foreign cooperative education assumes the council chairperson, board chairperson or director, the other party to the Sino-Foreign cooperative education shall assume the deputy council chairperson, deputy board chairperson or deputy director.
The legal representative of a Sino-foreign cooperative education institution qualified as a legal person shall be consulted by the Sino-foreign cooperative educators, and be determined from the council chairperson, board chairperson or the president.
 Article 22 The council, board or joint administrative committee of a Sino-foreign cooperative education institution shall be composed of the representatives of the Sino-foreign cooperative educators, the president or the major administrative principal, and the representatives of the teaching staff, among whom, more than one third of the members shall have education or teaching experience of 5 years or more. The name list of the members of the council, board or joint administrative committee of a Sino-foreign cooperative education institution shall be submitted to the examination and approval department for approval.
 Article 23 The council, board or joint administrative committee of a Sino-foreign cooperative education institution exercises the following authorities:
 1) Reelecting or by-electing members of the council, board or joint administrative committee;
 2) Retaining or dismissing the president or major administrative principal;
 3) Modifying the articles of association and formulating the systems and rules;
 4) Drawing up the development planning and approving the annual work plan;
 5) Raising education fund, and auditing the budgets and final accounts;
 6) Determining the number and salary standards of the teaching staff;
 7) Deciding the splitting, merger or termination of the Sino-foreign cooperative education institution;
 8) Other authorities provided for by the articles of association.
 Article 24 The council, board or joint administrative committee of a Sino-foreign cooperative education institution shall hold at least one meeting each year. And at proposal by more than one third of the members, a temporary meeting of the council, board or joint administrative committee may be held.
The following major matters discussed by the council, board or joint administrative committee of a Sino-foreign cooperative education institution may be adopted only with the consent of more than two thirds of the members:
 1) Retaining or dismissing the president or major administrative principal;
 2) Modifying the articles of association;
 3) Formulating the development planning;
 4) Deciding the splitting, merger or termination of the Sino-foreign cooperative education institution;
 5) Other major matters provided for by the articles of association.
 Article 25 The president or major administrative principal of a Sino-foreign cooperative education institution shall be of Chinese nationality, reside within China, love this nation, have good conduct and ethics, possess education and teaching experience and the corresponding professional level.
The president or major administrative principal retained by a Sino-Foreign cooperative education institution shall be subject to ratification by the examination and approval department.
 Article 26 The president or major administrative principal retained by a Sino-foreign cooperative education institution exercises the following authorities:
 1) Executing the decisions of the council, board or joint administrative committee;
 2) Implementing the development planning, drafting the annual work plan, financial budget, and the systems and rules;
 3) Retaining and dismissing staff members, and being in charge of the award and punishment;
 4) Organizing the education, teaching and scientific research activities, and guaranteeing the education and teaching quality;
 5) Taking care of the daily administration work;
 6) Other authorities provided for by the articles of association.
 Article 27 A Sino-foreign cooperative education institution shall manage the teachers and students according to law.
The teachers and managerial personnel of foreign nationalities retained by a Sino-foreign cooperative education institution shall have the bachelor's degree or higher, and the corresponding occupational certificate, and shall possess education and teaching experience of no less than 2 years.
The foreign cooperative educators shall select a certain number of teachers from its own education institution to teach in the Sino-foreign cooperative education institution.
 Article 28 A Sino-foreign cooperative education institution shall safeguard the legitimate rights and interests of the teachers and students, guarantee the salary and welfare benefits of the teaching staff, and pay the social insurance for the teaching staff according to law.
The teaching faculties of a Sino-foreign cooperative education institution may form a trade union or other body according to law, and participate in the democratic administration of the institution through teaching staff representative assembly or other forms.
 Article 29 The foreign personnel of a Sino-foreign cooperative education institution shall observe the relevant provisions on employment of foreigners in China.
 
Chapter 4 Education and Teaching
 Article 30 A Sino-foreign cooperative education institution shall offer such courses as constitution, law, civic virtues and national conditions etc pursuant to the requirements of the state on the education institutions of the same level and kind.
The state encourages Sino-foreign cooperative education institutions to introduce in the courses and teaching materials that are badly needed in China and are of advanced level in the world.
A Sino-foreign cooperative education institution shall report to the examination and approval department for recording the courses offered and the teaching materials introduced.
 Article 31 A Sino-foreign cooperative education institution may, according to the needs, use foreign languages in the teaching, however, it shall use mandarin and formative Chinese characters as the basic teaching language.
 Article 32 Enrollment of Sino-foreign cooperative education institutions that carry out higher diploma education shall be included in the enrollment plan of higher education institutions of the state. Enrollment of Sino-foreign cooperative education institutions carrying out other diploma education shall conform to the provisions of the administrative departments of education of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government. Enrollment of overseas students by Sino-foreign cooperative institutions shall be carried out in accordance with the relevant state provisions.
 Article 33 The admission brochure and advertisements of a Sino-foreign cooperative education institution shall be reported to the examination and approval department for record.
A Sino-foreign cooperative education institution shall regularly publish the type and level of education, the setup of majors, the contents of courses, the scale of enrollment, and other relevant information.
 Article 34 A Sino-foreign cooperative education institution carrying out diploma education shall issue diploma certificates or other educational certificates pursuant to the relevant provisions of the state. The students who have received occupational training and have been appraised as qualified by occupational appraisal agencies approved by the government may be issued the corresponding state occupational qualification certificates.
A Sino-foreign cooperative education institution carrying out higher diploma education may issue corresponding Chinese degree certificates pursuant to the relevant provisions of the state.
The diploma and degree certificates of foreign education institution issued by a Sino-foreign cooperative education institution shall be the same as those issued in the country of that foreign institution, and shall be acknowledged by that country.
China's acknowledgment of the diploma and degree certificates of foreign education institution issued by a Sino-foreign cooperative education institution shall be in line with the international treaties concluded or entered into by the People's Republic of China, or be in line with the relevant provisions of the state.
 Article 35 The administrative department of education under the State Council or the administrative departments of education, labor and other administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the daily supervision over Sino-foreign cooperative education institutions, shall organize or entrust social intermediary organizations to evaluate the operation level and education quality of Sino-foreign cooperative education institutions, and shall publish the evaluation results.
 
Chapter 5 Assets and Finance
 Article 36 A Sino-foreign cooperative education institution shall establish and perfect the financial and accounting system and the assets management system pursuant to law, and shall set up account books pursuant to the relevant provisions of the state.
 Article 37 During the existence of a Sino-foreign cooperative education institution, the legal person property right to all of its assets shall be enjoyed by the Sino-foreign cooperative education institution according to law, and no organization or individual may infringe upon those assets.
 Article 38 The charging items and standards of a Sino-Foreign cooperative education institution shall be fixed and publicized pursuant to the relevant government pricing provisions of the state; without approval, no items may be added, neither may the standards be raised. The Sino-foreign cooperative education institution shall calculate and collect the tuitions and other charges in RMB, not in foreign exchange.
 Article 39 The charges collected by a Sino-foreign cooperative education institution shall be used mainly in the education and teaching activities and to improve the education conditions.
 Article 40 A Sino-foreign cooperative education institution shall observe the provisions of the state on foreign exchange control in the activities of income and expense of foreign exchange, and in the opening and use of the foreign exchange account.
 Article 41 A Sino-foreign cooperative education institution shall make the financial accounting report at the end of each fiscal year, entrust a social auditing agency to audit that report, publicize the auditing result, and put on record with the examination and approval department.
 
Chapter 6 Alteration and Termination
 Article 42 The splitting or merger of a Sino-foreign cooperative education institution shall, after financial liquidation, be submitted by the council, board or joint administrative committee of that institution to the examination and approval department for approval.
With respect to an application for splitting or merger of a Sino-foreign cooperative education institution carrying out non-diploma education, the examination and approval department shall make a written reply within 3 months from the day of accepting the application; with respect to an application for splitting or merger of a Sino-foreign cooperative education institution carrying out diploma education, the examination and approval department shall make a written reply within 6 months from the day of accepting the application.
 Article 43 Alteration of any cooperative education institution of a Sino-foreign cooperative educators shall be proposed by the cooperative education institutions, and after the financial liquidation and with consent of the council, board or joint administrative committee, be submitted to the examination and approval department for ratification, and the relevant alteration formalities shall be processed.
Alteration of the domicile, legal representative, president or major administrative principal of a Sino-Foreign cooperative education institution shall be subject to the ratification of the examination and approval department, and shall go through the relevant alteration formalities.
 Article 44 Alteration of the name, level and type of a Sino-foreign cooperative education institution shall be submitted by the council, board or joint administrative committee of that institution to the examination and approval department for approval.
With respect to an application for conversion to a Sino-foreign cooperative education institution carrying out non-diploma education, the examination and approval department shall make a written reply within 3 months from the day of accepting the application; with respect to application for conversion to a Sino-Foreign cooperative education institution carrying out diploma education, the examination and approval department shall make a written reply within 6 months from the day of accepting the application.
 Article 45 A Sino-foreign cooperative education institution shall be terminated in any of the following situations:
 1) The institution shall be terminated in accordance with the articles of association and upon approval of the examination and approval department;
 2) The institutions is deprived of its license for Sino-Foreign cooperative education;
 3) The institution is unable to continue its operations due to insolvency.
Upon termination, a Sino-foreign cooperative education institution shall appropriately settle the students enrolled. The Sino-foreign cooperative education institution shall present the scheme on appropriate settlement of its enrolled students at the same time as it filed the application for termination.
 Article 46 A Sino-foreign cooperative education institution shall, upon termination, carry out financial liquidation pursuant to law. Where the Sino-foreign cooperative education institution requires for terminating itself, it shall organize the liquidation; where the institution is canceled by the examination and approval department pursuant to law, the department shall organize the liquidation; where the institution is terminated for inability to continue the operation due to insolvency, it shall request the people's court to organize the liquidation pursuant to law.
 Article 47 A Sino-foreign cooperative education institution shall pay off its debts in the following order in liquidation:
 1) Tuitions and other charges that shall be refunded to the students;
 2) Salaries that shall be paid to the teaching staff, and the social insurance premiums that shall be paid;
 3) Other debts that shall be paid off.
The remaining property of the Sino-foreign cooperative education institution after the aforesaid debts are paid off shall be disposed of in accordance with the relevant laws and administrative regulations.
 Article 48 Where a Sino-foreign cooperative education institution is terminated upon approval or is deprived off its license for Sino-foreign cooperative education, it shall return its license for Sino-Foreign cooperative education and the stamp to the examination and approval department, and nullify the registration pursuant to law.
 
Chapter 7 Legal Responsibilities
 Article 49 Where the examination and department of Sino-foreign cooperative education or any of its functionaries takes advantage of the post to accept property or get other benefits from others, abuse the powers or neglect the duties, issue the license for Sino-foreign cooperative education to those not in conformity with the present Regulations, or fail to investigate and punish the illegal acts found out, and thus cause serious consequences and violate the criminal law, the directly responsible personnel in charge and other directly responsible personnel shall be prosecuted for criminal responsibilities pursuant to the provisions of the criminal law on the crime of accepting bribes, the crime of abusing powers, the crime of neglecting duties or other crimes; administrative sanctions shall be given to those whose circumstances are not serious enough for criminal punishment.
 Article 50 If any department, in violation of the present Regulations, examines and approves Sino-Foreign cooperative education institutions beyond the limit of its authorities, the approval documents issued by it shall be invalidated and it shall be ordered to correct the act by the department at a higher level; administrative sanctions shall be given to the directly responsible personnel in charge and other directly responsible personnel; if serious losses are caused to public property, and to the interest of the state and people, the offenders shall be subject to criminal liabilities in accordance with the provisions of the criminal law on the crime of abusing powers or other crimes.
 Article 51 If any one, in violation of the present Regulations, establishes any Sino-foreign cooperative education without approval, or cheats for the license for Sino-foreign cooperative education by wrongful means, the administrative departments of education and labor shall, according to the divisions of their functions, ban the violator, or do so in conjunction with the public security department, order the violator to return the collected charges to the students, and impose on it a fine of less than RMB100,000; where the criminal law is violated, the criminal responsibilities shall be prosecuted for pursuant to law.
 Article 52 If any Sino-Foreign cooperative education institution, in violation of the present Regulations, enrolls students during the period of preparatory establishment, the administrative departments of education and labor shall, according to the divisions of their functions, order the violator to stop the enrollment and to return the collected charges to the students, and impose on it a fine of less than RMB100,000; where the circumstances are serious and the violator refuses to stop the enrollment, the examination and approval department shall cancel the letter of approval for preparatory establishment.
 Article 53 If any Sino-foreign cooperative education institution makes feigned investment or diverts the investment after the Sino-foreign cooperative education institution is established, the administrative departments of education and labor shall, according to the divisions of their functions, order the education institution to correct within a prescribed time limit; if the education institution fails to do so, the administrative departments of education and labor shall, according to the divisions of their functions, impose on him/her a fine of less than 2 times the amount of investment feigned or diverted.
 Article 54 If any one forges, alters or trades the license for Sino-foreign cooperative education, he shall be subject to criminal liabilities in accordance with the provisions of the criminal law on the crime of forging, altering or trading certificates of state departments or other crimes.
 Article 55 If a Sino-foreign cooperative education institution adds any charging items or raising the charging standards without approval, the administrative departments of education and labor shall, according to the divisions of their functions, order it to return the charges additionally collected, and the price authorities shall punish the violator in accordance with the relevant laws and administrative regulations.
 Article 56 If a Sino-foreign cooperative education institution is in poor management, offers low-quality education and teaching, and thus causes bad influences, the administrative departments of education and labor shall, according to the divisions of their functions, order it to rectify within a prescribed time limit and shall make a proclamation; if the circumstances are serious, the violator refuses to rectify or fails to meet the requirements after the rectification, the administrative departments of education and labor shall, according to the divisions of their functions, order it to stop enrollment and revoke its license for Sino-foreign cooperative education.
 Article 57 If any Sino-foreign cooperative education institution, in violation of the present Regulations, issues falsified admission brochures and cheats for money and property, the administrative departments of education and labor shall, according to the divisions of their functions, order it to correct within a prescribed time limit and give it a warning. If there are any illegal gains, such gains shall be confiscated after the collected charges are returned, and the violator may be imposed on a fine of less than RMB100,000 concurrently; where the circumstances are serious, the violator shall be ordered to stop enrollment and be deprived of its license for Sino-foreign cooperative education; where a crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the provisions of the criminal law on the crime of swindling or other crimes. If the Sino-foreign cooperative education institution issues falsified admission advertisement, it shall be investigated for legal responsibilities in accordance with the relevant provisions of the Advertisement Law of the People's Republic of China.
 Article 58 Where a Sino-foreign cooperative education institution is given the administrative sanction of revocation of its license for Sino-foreign cooperative education, its council chairperson or board chairperson, and the president or major administrative principal may not assume as the council chairperson or board chairperson, president or major administrative principal of any Sino-foreign cooperative education institution within 10 years from the day of revocation of the license for Sino-foreign cooperative education.
If any one has been prosecuted for criminal responsibilities for violation of the present Regulations and the criminal law, he/she may not engage in any Sino-foreign cooperative education activities within 10 years from the day of expiration of the criminal punishment.
 
Chapter 8 Supplementary Provisions
 Article 59 The present Regulations shall be applicable by reference to the cooperative education conducted by the education institutions from Hong Kong and Macao Special Administrative Regions and Taiwan Area and the education institutions of mainland China.
 Article 60 Measures for the administration of the for-profit Sino-foreign cooperative training institutions registered with the departments of industry and commerce administration shall be separately formulated by the State Council.
 Article 61 The specific measures for examination and approval, and for the administration of the cooperative education projects that are launched by foreign education institutions and Chinese education institutions within China and that aim mainly to enroll Chinese citizens and carry out diploma education, and self-taught examination assistance education, continuation education and preschool education etc, shall be formulated by the administrative department of education under the State Council.
The specific measures for examination and approval, and for the administration of the cooperative education projects that are launched by foreign education institutions and Chinese education institutions within China and that aim mainly to enroll Chinese citizens and carry out occupational training, shall be formulated by the administrative department of labor under the State Council.
 Article 62 Foreign education institutions, other organizations or individuals may not by themselves establish any school or other education institution within China mainly enrolling Chinese citizens.
 Article 63 The Sino-foreign cooperative training institutions established prior to the implementation of the present Regulations shall make up the license for Sino-foreign cooperative training provided for by the present Regulations. Among which, those that don't possess all the conditions specified in the present Regulations shall meet those conditions within 2 years from the day of implementation of the present Regulations; those failing to meet the requirements of the present Regulations within the prescribed time limit shall be canceled by the examination and approval departments.
 Article 64 The present Regulations shall enter into force as of September 1, 2003.

杨春宝一级律师简介

杨春宝一级律师,大成上海高级合伙人、资本市场部主任、国资基金研究中心主任,大成中国区私募基金专业带头人、科技与文化法律研究中心联合牵头人。执业30余年,长期从事私募基金、投融资、并购重组法律服务,尤其对对赌研究颇深且具有非常丰富的实战经验,并专注于金融机构股权投资业务。2004年起多次入选The Legal 500"私募基金"和"公司与商业"等境内外各类律师榜单,代理的中国法院首例适用外国法律审理外国公司的董事损害小股东权益纠纷案入选上海高院发布的《上海法院域外法查明典型案例》和威科先行"要案头条"。入选上海涉外法律人才库、上海市司法局鼎新法治人才库、上海国有企业改制法律顾问团,具有上市公司独立董事任职资格,系多家知名高校的兼职教授或兼职研究生导师及上海市商务委跨国经营人才培训班讲师。出版《私募股权投资基金风险防控操作实务》等16本投融资法律专著。了解更多

常见法律问题

中外合作办学的公益属性如何理解

①法律概念与规则解释:中外合作办学在我国法律框架下被定位为公益事业,属于中国教育事业的组成部分,而不是单纯的商业投资活动。其核心规则是必须遵守中国法律,贯彻中国教育方针,符合公共道德,不得损害国家主权、安全和社会公共利益;国家实行扩大开放、规范办学、依法管理和促进发展的政策,鼓励引进优质外国教育资源,重点支持高等教育和职业教育领域的合作。这一属性决定了合作办学机构不能以营利为唯一目的,其治理、收费和收益安排都应当服从教育公益目标。②案件事实与实务场景引用:文章明确中外合作办学是公共事业,并作为中国教育事业的组成部分;鼓励中国高等教育机构与著名外国高等教育机构合作,鼓励高等教育和职业教育;同时禁止举办义务教育,也禁止举办军事、警察、政治等特殊性质教育;外国宗教组织、宗教院校和宗教人员不得在中国境内从事合作办学,合作办学机构也不得开展宗教教育或宗教活动。文章还要求合作办学满足中国教育事业发展需要,保证教育质量,培养多方面人才。③实务指引与风险提示:实务中,合作方应在合作协议、章程、招生简章和财务制度中体现公益导向,避免将办学结余简单分配或设置变相营利安排;涉及课程、教材、讲座和宗教内容时,应建立内容审查机制,防止宗教渗透或损害公共利益的内容进入校园;拟开展义务教育、军事、警察、政治等特殊性质教育的项目不应启动。若项目以营利为主要目的、忽视教育质量或触碰禁止领域,可能面临审批不通过、行政处罚、限期整改甚至终止合作的风险。

设立合作办学机构有何出资限制

①法律概念与规则解释:设立中外合作办学机构,申请方应当具备法人资格;合作办学者可以用资金、实物、土地使用权、知识产权以及其他财产作为出资。核心规则是,以知识产权形式出资的,原则上不得超过合作各方各自出资额的三分之一;但由国务院教育行政部门、劳动行政部门或者省级人民政府邀请来华合作办学的外国教育机构,其知识产权出资可以超过其总出资的三分之一。同时,合作办学机构一般应具备法人资格,但外国教育机构与中国高等学校合作开展学历教育时,法律也允许不要求该机构具备法人资格。②案件事实与实务场景引用:文章明确申请设立中外合作办学机构的当事人须有法人资格;出资形式包括资金、实物、土地使用权、知识产权等;知识产权出资原则上不超过各自出资的三分之一,受邀外国教育机构可以例外;设立机构应参照同级同类教育机构的设置标准,并符合教育、职业教育和高等教育相关法律的基本条件。文章还区分了学历教育与非学历教育、本科以上与专科培训等不同情形,并对应不同审批机关。③实务指引与风险提示:实务中,合作方应提前审查对方的主体资格文件、资信状况和办学资质,对知识产权出资进行合法评估并明确权属,避免以虚高知识产权出资规避出资比例限制;协议和章程应载明出资方式、数额、到位期限、违约责任和退出机制。若出资不到位、知识产权存在权属争议或未经批准变相办学,可能影响设立审批,并引发合作纠纷、行政处罚和办学资格风险。

合作办学审批层级与禁止领域是什么

①法律概念与规则解释:中外合作办学的审批实行分类分级管理,审批权限取决于拟设立机构开展的办学层次和类型。申请设立实施本科以上学历教育的合作办学机构,由国务院审批;申请设立实施高等培训和非学历高等教育的机构,由拟设立地省级人民政府审批;申请设立实施中等学历教育、自学考试助学、继续教育和学前教育的机构,由拟设立地省级教育行政部门审批;申请设立实施职业培训的机构,由拟设立地省级劳动行政部门审批。设立程序分为筹备设立和正式设立两个步骤,具备办学条件和设置标准的也可以直接申请正式设立。②案件事实与实务场景引用:文章明确中外合作办学者可以合作举办各级各类教育机构,但不得举办义务教育,也不得举办军事、警察、政治等特殊性质教育;外国宗教组织、宗教院校、宗教人员和宗教教师不得在中国境内从事合作办学,合作办学机构不得开展宗教教育或宗教活动。文章还列举了不同审批层级,并规定申请设立合作办学机构应提交申请报告等文件,说明审批材料与程序具有法定要求。③实务指引与风险提示:实务中,合作方应先根据课程、学制、招生对象和证书类型判断项目属于学历教育还是非学历教育、本科以上还是专科培训,从而确定正确的审批机关,避免因越权审批或规避审批导致项目无效。涉及宗教内容、义务教育、军事警察政治等领域的,应直接排除。材料准备方面,应确保申请报告、合作协议、章程、资信证明和出资文件真实完整;未获批准前不得招生办学,否则可能面临取缔、罚款、退还费用和信用惩戒等风险。

以上内容仅供参考,不构成法律意见。如需专业法律服务,请联系杨春宝一级律师:chambers.yang@dentons.cn

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