The Ministry of Justice ("MOJ") has recently issued the Implementing Regulations of the Law of the People's Republic of China on the Promotion of Private Education (Revised Draft) (Draft for Review) (the "Draft for Review") for public consultation by September 10, 2018.
The Draft for Review introduces revisions to 28 original articles, adds 22 new ones and removes eight original ones, and adjusts the structure of chapters, incorporating the second chapter into the third chapter and adding two new chapters titled the Chapter "Teachers and Education Receivers" and the Chapter "Administration and Supervision". Major revisions go to the following aspects. The first is strengthening the party construction in privately-run schools. The second is specifying the supporting measures. The third is improving the system for the establishment and approval of privately-run schools. The fourth is regulating the internal governance and schooling activities of privately-run schools. The fifth is guaranteeing the autonomous right of privately-run schools to run schools. The sixth is regulating the schooling activities of group schools. The seventh is regulating training and educational agencies. The eighth is safeguarding lawful rights and interests of school founders. The ninth is strengthening guarantees for teachers' rights and interests. And the last is improving the supervision and administration mechanism. In particular, the Draft for Review calls for prudently easing limits on the financing by privately-run schools, adding that founders may raise funds in a legal way to set up profit-oriented private schools.