Implementing Measures for the Regulations of the People's Republic of China on Sino-Foreign Cooperative Education

Implementing Measures for the Regulations of the People's Republic of China on Sino-Foreign Cooperative Education

Order of the Ministry of Education [2004] No. 20

June 2, 2004

The Implementing Measures for the Regulations of the People's Republic of China on Sino-Foreign Cooperative Education, which were adopted at the ministers' meeting on March 1, 2004, are hereby promulgated and shall go into effect as of July 1, 2004.
Minister of Education: Zhou Ji

Attached: Implementing Measures for the Regulations of the People's Republic of China on Sino-Foreign Cooperative Education

Chapter I General Provisions
　
Article 1 This document is formulated to implement the Sino-foreign Cooperative Education Regulations of the People's Republic of China (hereafter referred to as the CFCER).
　
Article 2 This document is concerned with the specific standards for the establishment, operation, and management of the Sino-foreign cooperative educational institutions, and the examination, approval, and administration of projects in Sino-foreign cooperative education such as formal academic education, self-study exam preparation, remedial education, preschool classes, etc.
For the purposes of this document, the term "Sino-foreign cooperative education project" refers to educational activities carried out jointly by Chinese educational institution(s) and foreign educational institution(s) without the official establishment of any independent educational body but with cooperation in various areas including programs, curricula and courses, and with Chinese citizens making up most or all of the target student body.
As stipulated in the CFCER, the procedures for the examination, approval, and administration of Sino-foreign cooperative education projects relating to professional skills training shall be formulated separately by the labor administration departments of the State Council.
　
Article 3 The government encourages Chinese educational institutions to engage in cooperative education with foreign educational institutions whose academic reputation and educational quality are universally acknowledged. It also encourages cooperative education relevant to subjects and specialties that been recently introduced to China, in the process of development, and in great demand.
The government encourages the development of Sino-foreign cooperative education in China's western regions and remote, poverty-stricken regions.
　
Article 4 Sino-foreign cooperative educational institutions shall, according to the Regulations for the Implementation of the Private Education Promotion Law of the People's Republic of China, be eligible to receive support and awards given by the government to private schools.
Private organizations or individuals who make outstanding contributions to the development of Sino-foreign cooperative education shall be given commendations or awards by corresponding education administration departments.

Chapter II Establishment of Sino-Foreign Cooperative Education Institutions
　
Article 5 The Chinese and foreign parties who intend to engage in cooperative education shall sign a cooperative agreement following consultation carried out on equal footing.
The cooperative agreement shall contain the name and address of the prospective Sino-foreign cooperative educational institution, the name and address of the Chinese and foreign parties to the cooperative agreement, the legal representative, the institution's aim, its educational goal, the substance and time period of the cooperation, each party's investment sum, method of investment, and deadline for payment, the rights and obligations of each party, the methods for solving disputes, and other appropriate content.
The cooperative agreement shall include a Chinese version. If there is a version in a foreign language, its content shall be the same as the Chinese version.
　
Article 6 The Chinese and foreign parties applying for the establishment of a Sino-foreign cooperative educational institution shall have relevant educational qualifications and demonstrate that they can provide education of a sufficient quality.
Where one party intending to establish a Sino-foreign cooperative educational institution had previously established a Sino-foreign cooperative institution before applying to establish the one in question, the earlier Sino-foreign cooperative institution shall have received a positive assessment by the original examination and approval authority or a private intermediary organization acting on their behalf.
　
Article 7 Sino-foreign cooperative educational institutions are not permitted to establish subordinate institutions or other Sino-foreign cooperative institutions.
　
Article 8 If it is confirmed, following assessment, that a Sino-foreign cooperative institution is bringing quality foreign educational resources to China, then either the Chinese or foreign party may sign an agreement with another private organization or individual so as to get educational start-up fund. This private organization or individual may become the representative of the party that signed the said agreement and become a member of the executive council, board of directors, or joint administration committee of the prospective Sino-foreign cooperative educational institution, but shall not assume the post of the chairman of the executive council, chairman of the board of directors, or director of the joint administration committee, nor participate in the educational activities of the Sino-foreign cooperative educational institution after its establishment.
　
Article 9 The investment amounts of the Chinese and foreign parties will correspond to the rank and scale of the prospective Sino-foreign cooperative educational institution, and asset verification shall be carried out by law.
The Chinese and foreign parties shall make full, prompt payment of the institution's operational funds as stipulated in the cooperative agreement. During the lifetime of the Sino-foreign cooperative educational institution, the Chinese and foreign cooperators shall not withdraw the registered capital, nor may they divert the operational funds for other purposes.
　
Article 10 With regards to intellectual property that forms part of the educational investment of either party, its price shall be determined jointly by consultation between Chinese and foreign parties carried out in the spirit of fairness and careful deliberation, or shall be assessed by a private intermediary acceptable to both parties. When the price is decided, the relevant legal procedures shall be carried out.
Where a Chinese educational institution invests state-owned assets when establishing a Sino-foreign cooperative educational institution, it shall, according to relevant national regulations, employ a qualified private intermediary organization to assess the said state-owned assets in accordance with the law. On the basis of the assessment result, it shall reasonably determine the total value of the assets, and shall undertake the responsibility of managing them.
　
Article 11 Where either party uses intellectual property as its cooperative educational investment, materials relevant to the intellectual property right shall be provided, including a photocopy of the intellectual property certificate, proof of validity status, the price quotation, the numerical basis for the price quotation, and the pricing agreement signed by both parties, etc.
　
Article 12 Pursuant to agreements signed between the Chinese government and foreign governments or at the request of Chinese educational institutions, the education administration department of the State Council and provincial, regional, or municipal governments may invite foreign educational institutions to cooperate with Chinese educational institutions.
The foreign educational institutions invited to participate shall be institutions of higher education or occupational education that are world-famous or famous in the country of origin.
　
Article 13 With regards to an application for the establishment of a Sino-foreign cooperative educational institution providing courses at the undergraduate level or higher, the provincial, regional, or municipal government where the institution is to be located shall offer its views, then report to the education administration department of the State Council for examination and approval.
For the examination and approval jurisdiction for applications by Sino-foreign cooperative educational institutions to issue the diplomas or other educational certificates of foreign educational institutions, consult Article 12 of the CFCER and the preceding paragraph.
　
Article 14 When applying to began preparatory work for or applying for direct, formal establishment of a Sino-foreign cooperative educational institution, the Chinese cooperator shall submit the documents stipulated in the CFCER.
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