Law of the People's Republic of China on the Promotion of Privately-run Schools (Amended in 2018)
Law of the People's Republic of China on the Promotion of Privately-run Schools (Amended in 2018)
Law of the People's Republic of China on the Promotion of Privately-run Schools (Amended in 2018)
Order of the President of the People's Republic of China No.24
December 29, 2018
(Adopted at the 31st Session of the Standing Committee of the Ninth National People's Congress on December 28, 2002; amended for the first time in accordance with the Decision on Amending 12 Laws including Law of the People's Republic of China on the Protection of Cultural Relics adopted at the Third Session of the Standing Committee of the 12th National People's Congress on June 29, 2013; amended for the second time in accordance with the Decision on Revising the Law of the People's Republic of China on the Promotion of Privately-run Schools adopted at the 24th session of the Standing Committee of the 12th National People's Congress on November 7, 2016; and amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Contents
Chapter I General Provisions
Chapter II Establishment
Chapter III Organization and Activities of Schools
Chapter IV Teachers and Educatees
Chapter V School Assets and Financial Management
Chapter VI Administration and Supervision
Chapter VII Support and Reward
Chapter VIII Alteration and Termination
Chapter IX Legal Responsibility
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution and the Education Law with a view to implementing the strategy of invigorating the country through science, technology and education, promoting the sound development of privately-run schools, and safeguarding the lawful rights and interests of the privately-run schools and the educatees.
Article 2 This Law shall be applicable to activities conducted by public organizations or individuals, other than State organs, to establish and run schools and other institutions of education with non-governmental financial funds, which are geared to the need of society. In cases to which no provisions of this Law are applicable, the provisions in the Education Law and other laws concerning education shall apply.
Article 3 Privately-run schools belong to public welfare undertakings and constitute a component part of the cause of socialist education.
With regard to privately-run schools, the State applies the principles of enthusiastic encouragement, vigorous support, correct guidance, and administration according to law.
People's governments at all levels shall incorporate the undertakings of the privately-run schools into their plans of national economic and social development.
Article 4 Privately-run schools shall abide by laws and regulations, implement the education of the State, guarantee the educational quality and devote their efforts to the training of various types of people for the cause of socialist development.
Privately-run schools shall implement the principle of separating education from religion. No organizations or individuals may make use of religion to conduct activities designed to interfere with the educational system of the State.
Article 5 Privately-run schools and government-run schools shall share equal legal status, and the State safeguards the autonomy of the privately-run schools.
The State protects the lawful rights and interests of the sponsors, principals, teachers and staff members and educatees of privately-run schools.
Article 6 The State encourages donations made for establishing and running schools.
The State rewards and commends organizations and individuals that have made outstanding contributions to the development of the undertakings of privately-run schools.
Article 7 The administrative department for education under the State Council shall be in charge of the overall planning, comprehensive coordination and macro-administration of the work relating to privately-run schools nationwide.
The administrative department for human resources and social security and the relevant departments under the State Council shall respectively be in charge of the work relating to the privately-run schools within the scope of their duties as defined by the State Council.
Article 8 The administrative departments for education under the local people's governments at or above the county level shall be responsible for the work relating to privately-run schools in their own administrative regions.
The administrative departments for human resources and social security and the relevant departments under the local people's governments at or above the county level shall respectively be responsible for the work relating to privately-run schools within the scope of their duties.
Article 9 The grassroots organizations of the Communist Party of China in privately-run schools shall carry out Party activities in accordance with the Constitution of the Communist Party of China and strengthen party building.
Chapter II Establishment
Article 10 Public organizations that establish privately-run schools shall possess the qualifications of a legal person.
Individuals that establish privately-run schools shall possess political rights and full capacity for civil conduct.
A privately-run school shall have the qualifications of a legal person.
Article 11 The establishment of a privately-run school shall meet the local need for educational development and the requirements provided for by the Education Law and relevant laws and regulations.
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.
Article 12 The establishment of privately-run schools that provide education for academic credentials, pre-school education, training for preparing self-study examinations and other cultural education shall be subject to examination and approval by the administrative departments for education under the people's governments at or above the county level within the limits of their powers defined by the State; the establishment of a privately-run school that mainly provides training for vocational skills, including training for vocational qualification, shall be subject to examination and approval by the administrative department for human resources and social security under the people's government at or above the county level within the limits of its powers defined by the State, which shall send a duplicate of the approval document to the administrative department for education at the same level for the record.
Article 13 To apply for preparing to establish a privately-run school, the sponsor shall submit to the examination and approval authority the following materials:
1.an application, the contents of which mainly include: the sponsor, the aims of education, size of the student body, level of the school, forms of education, conditions for establishing and running the school, internal management system, raising of funds and their management and use, etc.;
2.name of the sponsors and their addresses or the title of the sponsor and its address;
3.source of the assets, amount of the funds and their effective certificates, in which the property rights are clearly stated; and
4.where the assets of the school are donated, an agreement on the donations, in which the names of the donators, the amount of the assets donated, their use and management, and the relevant effective certificates are clearly stated.
Article 14 The examination and approval authority shall, within 30 days from the date it receives the application for preparing to establish a privately-run school, make a decision in writing on whether to approve it or not.
If it approves the application, it shall issue a written approval for preparing to establish the school; and if it does not approve the application, it shall explain the reasons.
The period of preparation for establishment of such a school shall not exceed three years; and if it exceeds three years, the sponsor shall renew its application.
Article 15 To apply for official establishment of a privately-run school, the sponsor shall submit the following materials to the examination and approval authority:
1.the written approval for preparing to establish the school;
2.a report on the preparations made for the establishment;
3.articles of association of the school and the name lists of the component members of the first executive council, board of directors or other decision-making bodies of the school;
4.effective certificates of the assets of the school; and
5.qualification certificates of the principal, teachers, and book-keepers and accountants.
Article 16 Where conditions for the establishment of a school are satisfied and the standards for establishment are reached, an application may directly be made for its official establishment, and the materials specified in Article 12 and subparagraphs (3), (4) and (5) of Article 14 of this Law shall be submitted.
Article 17 Where an application for official establishment of a privately-run school is made, the examination and approval authority shall, within three months from the date it receives the application, make a decision in writing on whether to approve it or not, and sere the decision on the applicant; and where, in this regard, an application is made for the official establishment of a privately-run institution of higher education, the examination and approval authority may, within six months from the date it receives the application, likewise make a decision in writing on whether to approve it or not and serve the decision on the applicant.
Article 18 The examination and approval authority shall issue a license for establishment of a school to the privately-run school for the official establishment of which it gives approval.
Where the examination and approval authority does not approve the official establishment of a school, it shall explain the reasons.
Article 19 Sponsors of privately-run schools may set up, at their sole discretion, non-profit or for-profit privately-run schools.
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Order of the President of the People's Republic of China No.24
December 29, 2018
(Adopted at the 31st Session of the Standing Committee of the Ninth National People's Congress on December 28, 2002; amended for the first time in accordance with the Decision on Amending 12 Laws including Law of the People's Republic of China on the Protection of Cultural Relics adopted at the Third Session of the Standing Committee of the 12th National People's Congress on June 29, 2013; amended for the second time in accordance with the Decision on Revising the Law of the People's Republic of China on the Promotion of Privately-run Schools adopted at the 24th session of the Standing Committee of the 12th National People's Congress on November 7, 2016; and amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Contents
Chapter I General Provisions
Chapter II Establishment
Chapter III Organization and Activities of Schools
Chapter IV Teachers and Educatees
Chapter V School Assets and Financial Management
Chapter VI Administration and Supervision
Chapter VII Support and Reward
Chapter VIII Alteration and Termination
Chapter IX Legal Responsibility
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution and the Education Law with a view to implementing the strategy of invigorating the country through science, technology and education, promoting the sound development of privately-run schools, and safeguarding the lawful rights and interests of the privately-run schools and the educatees.
Article 2 This Law shall be applicable to activities conducted by public organizations or individuals, other than State organs, to establish and run schools and other institutions of education with non-governmental financial funds, which are geared to the need of society. In cases to which no provisions of this Law are applicable, the provisions in the Education Law and other laws concerning education shall apply.
Article 3 Privately-run schools belong to public welfare undertakings and constitute a component part of the cause of socialist education.
With regard to privately-run schools, the State applies the principles of enthusiastic encouragement, vigorous support, correct guidance, and administration according to law.
People's governments at all levels shall incorporate the undertakings of the privately-run schools into their plans of national economic and social development.
Article 4 Privately-run schools shall abide by laws and regulations, implement the education of the State, guarantee the educational quality and devote their efforts to the training of various types of people for the cause of socialist development.
Privately-run schools shall implement the principle of separating education from religion. No organizations or individuals may make use of religion to conduct activities designed to interfere with the educational system of the State.
Article 5 Privately-run schools and government-run schools shall share equal legal status, and the State safeguards the autonomy of the privately-run schools.
The State protects the lawful rights and interests of the sponsors, principals, teachers and staff members and educatees of privately-run schools.
Article 6 The State encourages donations made for establishing and running schools.
The State rewards and commends organizations and individuals that have made outstanding contributions to the development of the undertakings of privately-run schools.
Article 7 The administrative department for education under the State Council shall be in charge of the overall planning, comprehensive coordination and macro-administration of the work relating to privately-run schools nationwide.
The administrative department for human resources and social security and the relevant departments under the State Council shall respectively be in charge of the work relating to the privately-run schools within the scope of their duties as defined by the State Council.
Article 8 The administrative departments for education under the local people's governments at or above the county level shall be responsible for the work relating to privately-run schools in their own administrative regions.
The administrative departments for human resources and social security and the relevant departments under the local people's governments at or above the county level shall respectively be responsible for the work relating to privately-run schools within the scope of their duties.
Article 9 The grassroots organizations of the Communist Party of China in privately-run schools shall carry out Party activities in accordance with the Constitution of the Communist Party of China and strengthen party building.
Chapter II Establishment
Article 10 Public organizations that establish privately-run schools shall possess the qualifications of a legal person.
Individuals that establish privately-run schools shall possess political rights and full capacity for civil conduct.
A privately-run school shall have the qualifications of a legal person.
Article 11 The establishment of a privately-run school shall meet the local need for educational development and the requirements provided for by the Education Law and relevant laws and regulations.
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.
Article 12 The establishment of privately-run schools that provide education for academic credentials, pre-school education, training for preparing self-study examinations and other cultural education shall be subject to examination and approval by the administrative departments for education under the people's governments at or above the county level within the limits of their powers defined by the State; the establishment of a privately-run school that mainly provides training for vocational skills, including training for vocational qualification, shall be subject to examination and approval by the administrative department for human resources and social security under the people's government at or above the county level within the limits of its powers defined by the State, which shall send a duplicate of the approval document to the administrative department for education at the same level for the record.
Article 13 To apply for preparing to establish a privately-run school, the sponsor shall submit to the examination and approval authority the following materials:
1.an application, the contents of which mainly include: the sponsor, the aims of education, size of the student body, level of the school, forms of education, conditions for establishing and running the school, internal management system, raising of funds and their management and use, etc.;
2.name of the sponsors and their addresses or the title of the sponsor and its address;
3.source of the assets, amount of the funds and their effective certificates, in which the property rights are clearly stated; and
4.where the assets of the school are donated, an agreement on the donations, in which the names of the donators, the amount of the assets donated, their use and management, and the relevant effective certificates are clearly stated.
Article 14 The examination and approval authority shall, within 30 days from the date it receives the application for preparing to establish a privately-run school, make a decision in writing on whether to approve it or not.
If it approves the application, it shall issue a written approval for preparing to establish the school; and if it does not approve the application, it shall explain the reasons.
The period of preparation for establishment of such a school shall not exceed three years; and if it exceeds three years, the sponsor shall renew its application.
Article 15 To apply for official establishment of a privately-run school, the sponsor shall submit the following materials to the examination and approval authority:
1.the written approval for preparing to establish the school;
2.a report on the preparations made for the establishment;
3.articles of association of the school and the name lists of the component members of the first executive council, board of directors or other decision-making bodies of the school;
4.effective certificates of the assets of the school; and
5.qualification certificates of the principal, teachers, and book-keepers and accountants.
Article 16 Where conditions for the establishment of a school are satisfied and the standards for establishment are reached, an application may directly be made for its official establishment, and the materials specified in Article 12 and subparagraphs (3), (4) and (5) of Article 14 of this Law shall be submitted.
Article 17 Where an application for official establishment of a privately-run school is made, the examination and approval authority shall, within three months from the date it receives the application, make a decision in writing on whether to approve it or not, and sere the decision on the applicant; and where, in this regard, an application is made for the official establishment of a privately-run institution of higher education, the examination and approval authority may, within six months from the date it receives the application, likewise make a decision in writing on whether to approve it or not and serve the decision on the applicant.
Article 18 The examination and approval authority shall issue a license for establishment of a school to the privately-run school for the official establishment of which it gives approval.
Where the examination and approval authority does not approve the official establishment of a school, it shall explain the reasons.
Article 19 Sponsors of privately-run schools may set up, at their sole discretion, non-profit or for-profit privately-run schools.
......