Administrative Measures for the Sino-foreign Cooperative Education on Vocational Skills Training (Revised in 2015)

Administrative Measures for the Sino-foreign Cooperative Education on Vocational Skills Training (Revised in 2015)

Order of the Ministry of Human Resources and Social Security of the People's Republic of China No.24

April 30, 2015

(Promulgated by the Order of the Ministry of Labor and Social Security No.27 on July 26, 2006, and revised in accordance with the Decision of the Ministry of Human Resources and Social Security on Revising Certain Regulations on April 30, 2015)

Chapter I General Provisions

Article 1 For the purposes of implementing the Regulations of the People's Republic of China on Sino-foreign Cooperative Education (hereinafter referred to as the "Regulations"), and standardizing the activities of Sino-foreign cooperative education on vocational skills training, the Administrative Measures for the Sino-foreign Cooperative Education on Vocational Skills Training (hereinafter referred to as the "Measures") are formulated.

Article 2 The Measures shall apply to the establishment, activities and management of vocational skills training institutions and educational projects initiated by Chinese educational institutions and foreign educational institutions (including vocational skills training institutions, hereinafter referred to as the "Chinese and foreign cooperators") by cooperation.
For the purpose of the Measures, Sino-foreign cooperative vocational skills training institutions refer to public welfare educational institutions that are initiated by the Chinese and foreign cooperators within the territory of China by cooperation according to the Regulations and the Measures and aim to mainly enroll Chinese citizens and implement the vocational skills training.
For the purpose of the Measures, vocational skills training projects of Sino-foreign cooperative education refer to vocational skills training projects initiated by the Chinese and foreign cooperators in accordance with the Regulations and the Measures by the way of setting up majors (vocations and types of work) and courses that aim to mainly enroll Chinese citizens through the cooperation with the existing Chinese educational institutions, other than the establishment of new vocational skills training institutions.

Article 3 The State encourages the introduction of high-quality vocational skills training resources which embody foreign advanced technologies and advanced training methods in line with the situation of economic development and the demand of the labor market for skilled workers and characteristics thereof.
The State encourages the development of Sino-foreign cooperative education in the vocational fields that are new and badly demanded and have high technical content in China.

Article 4 The Sino-foreign cooperative vocational skills training institutions shall enjoy the support and incentive polices given by the State to private schools according to the provisions of the laws and regulations.
The administrative department of labor and social security shall reward and commend the social organizations and individuals that make prominent contributions to the development of the Sino-foreign cooperative education on the vocational skills training.

Article 5 The administrative department of labor and social security under the State Council is responsible for the overall planning, comprehensive coordination, and macro management of the work related to the Sino-foreign cooperative education on the vocational skills training. The administrative departments of labor and social security of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall take charge of the administration over the Sino-foreign cooperative education on the vocational skills training within their respective jurisdictions.

Chapter II Establishment of Sino-foreign Cooperative Vocational Skills Training Institutions

Article 6 The Chinese and foreign cooperators shall meet the conditions prescribed by the Regulations, and have the corresponding educational qualifications and higher education quality.

Article 7 The Chinese and foreign cooperators shall conclude a cooperation agreement on the basis of equal negotiation. The cooperation agreement shall state the following contents:
1. the name and domicile of each party to the cooperation agreement, and the name, post and nationality of the legal representative;
2. the name, domicile, training goal and educational aim of the Sino-foreign cooperative vocational skills training institution to be established and the content and term of the cooperation;
3. the amount of the assets invested by each party to the cooperation agreement, and the method of investment and deadline for payment thereof;
4. the methods and procedures for solving disputes between the parties to the cooperation agreement;
5. the liability for violating the cooperation agreement; and
6. other matters agreed by the parties to the cooperation agreement.
The cooperation agreement shall be a Chinese version. If there is a version in a foreign language, its content shall be identical to that of the Chinese version.

Article 8 The educational capital contributed by the Chinese and foreign cooperators shall match with the level and scale of the Sino-foreign cooperative vocational skills training institution to be established.
The Chinese and foreign cooperators shall contribute the educational capital on time and in full pursuant to the cooperation agreement. During the existence of the Sino-foreign cooperative vocational skills training institution, the Chinese and foreign cooperators shall not withdraw the educational capital, nor may they misappropriate the educational funds.

Article 9 With respect to the physical assets, land use right, intellectual property and other property contributed by the Chinese and foreign cooperators as part of educational capital, the prices thereof shall be determined by Chinese and foreign parties through negotiation in line with the principles of fairness and reasonability, or shall be assessed in accordance with the law by a social intermediary organization employed upon the consent of both parties. Besides, the relevant procedures for transfer of property right shall be handled according to the law.
Where a Chinese educational institution invests the state-owned assets to run an educational institution, it shall, pursuant to relevant national provisions on the supervision and administration over state-owned assets, employ a social intermediary organization with the assessment qualification to conduct the assessment according to the law. On the basis of the assessment result, it shall reasonably determine the amount of the assets, report the same to an authority responsible for supervising the state-owned assets for filing, and perform the obligation of managing state-owned assets according to the law.

Article 10 According to the agreements signed between the Chinese government and the foreign government departments or at the request of Chinese educational institutions, the administrative department of labor and social security under the State Council or the people's governments of all provinces, autonomous regions and municipalities under the Central Government may invite foreign educational institutions to initiate the cooperative education with Chinese educational institutions.
The foreign educational institutions invited shall be educational institutions with certain fame in the world or the countries where they are located.

Article 11 The establishment of a Sino-foreign cooperative vocational skills training institution shall be approved by the administrative department of labor and social security of the people's government of the province, autonomous region or municipality under the Central Government where the institution to be established is located.

Article 12 The establishment of a Sino-foreign cooperative vocational skills training institution shall be divided into the preparation for establishment and formal establishment.
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