Regulations of the People's Republic of China on Sino-foreign Cooperative Education (Revised in 2019)
Regulations of the People's Republic of China on Sino-foreign Cooperative Education (Revised in 2019)
Regulations of the People's Republic of China on Sino-foreign Cooperative Education (Revised in 2019)
Order of the State Council of the People's Republic of China No.709
March 2, 2019
(Promulgated in accordance with the Order of the State Council No.372 on March 1, 2003; revised for the first time according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013; and revised for the second time according to the Decision of the State Council on Revising Certain Administrative Regulations on March 2, 2019)
Chapter I General Provisions
Article 1 In order to regulate Sino-foreign cooperative educational activities, strengthen foreign exchanges and cooperation in the education field, and promote the development of educational facilities, these Regulations have been enacted in accordance with the Education Law of the People's Republic of China, the Vocational Education Law of the People's Republic of China and the Non-State Education Promotion Law of the People's Republic of China.
Article 2 These regulations shall govern the establishment of education institutions in China by foreign education institutions together with Chinese education institutions (hereinafter referred to as Sino-foreign education institutions) that aim to enrol mainly Chinese citizens (hereinafter referred to as Sino-foreign cooperative education institutions).
Article 3 Sino-foreign cooperative education is a public undertaking, and is part of the Chinese education system.
The state aims to promote and develop Sino-foreign cooperative education and open this field up to the outside world. Educational activities shall be standardized and administered in accordance with the law.
The state encourages Sino-foreign cooperative educational undertakings that result in the introduction of high-quality foreign educational resources. The state encourages Sino-foreign cooperative educational undertakings in the areas of higher education and occupational education, and encourages Chinese institutions of higher education to cooperate with reputed foreign institutions of higher education in running schools.
Article 4 The legitimate rights and interests of Sino-foreign education institutions and Sino-foreign cooperative education institutions shall be protected by Chinese law.
Sino-foreign cooperative education institutions shall, in accordance with relevant state preferential policies, be entitled to preferential treatment in accordance with the law, and shall carry out educational and teaching activities independently in accordance with the law.
Article 5 Sino-foreign cooperative educational undertakings must comply with Chinese laws, implement Chinese education policies, be operated in accordance with Chinese public ethical standards, and may not impair the sovereignty or security of the state or the public interest.
Sino-foreign cooperative education shall meet the developmental needs of Chinese education undertakings, guarantee the quality of education, and commit to foster a variety of talents for the socialist construction cause of China.
Article 6 Sino-foreign cooperative education institutions may enter into cooperative arrangements to launch education institutions of various types at various levels, but may not launch any institution responsible for delivering compulsory education or delivering education of a special nature, such as military or police training or political education.
Article 7 No foreign religious organization, institution, university, college or instructor shall engage in cooperative educational activities within China.
Sino-foreign cooperative education institutions shall not provide religious education or carry on religious activities.
Article 8 The administrative department of education under the State Council shall be responsible for the overall planning, general coordination and day-to-day administration of all Sino-foreign cooperative educational activities in China. The administrative departments of education and labor and other administrative departments under the State Council shall be responsible for relevant Sino-foreign cooperative educational activities within the scope of their respective responsibilities 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 responsible for the overall planning, general coordination and day-to-day administration of Sino-foreign cooperative educational activities within their respective areas of administrative responsibility. The administrative departments of education and labor and other administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for relevant Sino-foreign cooperative education activities within the scope of their respective duties and within their respective areas of administrative responsibility.
Chapter II Establishment
Article 9 Parties that apply to establish Sino-foreign cooperative education institutions shall have legal person status.
Article 10 Sino-foreign cooperative education institutions may be established using cash funds, physical property, land use rights, intellectual property rights and other forms of property as investment capital.
Intellectual property rights shall account for no more than one-third of the total value of assets invested in a Sino-foreign cooperative education institution. However, for any foreign education institution invited to engage in cooperative educational activities in China by the administrative department of education or labor under the State Council or by the people's government of any province, autonomous region, or municipality directly under the Central Government, intellectual property rights may account for more than one-third of the total investment made.
Article 11 All Sino-foreign cooperative education institutions shall meet the basic conditions set forth in the Education Law of the People's Republic of China, the Vocational Education Law of the People's Republic of China and the Higher Education Law of the People's Republic of China, and shall have legal person status. However, no Sino-foreign cooperative institute of higher education established by a foreign education institution and a Chinese institute of higher education shall be required to have legal person status.
Sino-foreign cooperative education institutions shall be established in accordance with state standards applicable to the establishment of other education institutions of the same level and type.
Article 12 Applications to establish Sino-foreign cooperative education institutions that will provide educational services at undergraduate level or above shall be subject to examination and approval by the State Council; applications to establish Sino-foreign cooperative education institutions that will provide high-level training and non-academic educational services shall be subject to examination and approval by the people's government of the province, autonomous region, or municipality directly under the Central Government where the institution is to be located.
Applications to establish Sino-foreign cooperative education institutions that will provide mid-level diploma education, distance learning courses, continuing education services or preschool education shall be subject to examination and approval by the administrative department of education under the people's government of the province, autonomous region, or municipality directly under the Central Government where the institution is to be located.
Applications to establish Sino-foreign cooperative education institutions that will provide occupational training shall be subject to examination and approval by the administrative department of labor under the people's government of the province, autonomous region, or municipality directly under the Central Government where the institution is to be located.
Article 13 The process for establishing a Sino-foreign cooperative education institution shall be divided into two steps, i.e., preparatory establishment and formal establishment, although any applicant that meets the criteria applicable to operating an education institution and the standards for establishment may apply directly for formal establishment.
Article 14 The following documents shall be submitted for any application to establish a Sino-foreign cooperative education institution:
1.
......
Order of the State Council of the People's Republic of China No.709
March 2, 2019
(Promulgated in accordance with the Order of the State Council No.372 on March 1, 2003; revised for the first time according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013; and revised for the second time according to the Decision of the State Council on Revising Certain Administrative Regulations on March 2, 2019)
Chapter I General Provisions
Article 1 In order to regulate Sino-foreign cooperative educational activities, strengthen foreign exchanges and cooperation in the education field, and promote the development of educational facilities, these Regulations have been enacted in accordance with the Education Law of the People's Republic of China, the Vocational Education Law of the People's Republic of China and the Non-State Education Promotion Law of the People's Republic of China.
Article 2 These regulations shall govern the establishment of education institutions in China by foreign education institutions together with Chinese education institutions (hereinafter referred to as Sino-foreign education institutions) that aim to enrol mainly Chinese citizens (hereinafter referred to as Sino-foreign cooperative education institutions).
Article 3 Sino-foreign cooperative education is a public undertaking, and is part of the Chinese education system.
The state aims to promote and develop Sino-foreign cooperative education and open this field up to the outside world. Educational activities shall be standardized and administered in accordance with the law.
The state encourages Sino-foreign cooperative educational undertakings that result in the introduction of high-quality foreign educational resources. The state encourages Sino-foreign cooperative educational undertakings in the areas of higher education and occupational education, and encourages Chinese institutions of higher education to cooperate with reputed foreign institutions of higher education in running schools.
Article 4 The legitimate rights and interests of Sino-foreign education institutions and Sino-foreign cooperative education institutions shall be protected by Chinese law.
Sino-foreign cooperative education institutions shall, in accordance with relevant state preferential policies, be entitled to preferential treatment in accordance with the law, and shall carry out educational and teaching activities independently in accordance with the law.
Article 5 Sino-foreign cooperative educational undertakings must comply with Chinese laws, implement Chinese education policies, be operated in accordance with Chinese public ethical standards, and may not impair the sovereignty or security of the state or the public interest.
Sino-foreign cooperative education shall meet the developmental needs of Chinese education undertakings, guarantee the quality of education, and commit to foster a variety of talents for the socialist construction cause of China.
Article 6 Sino-foreign cooperative education institutions may enter into cooperative arrangements to launch education institutions of various types at various levels, but may not launch any institution responsible for delivering compulsory education or delivering education of a special nature, such as military or police training or political education.
Article 7 No foreign religious organization, institution, university, college or instructor shall engage in cooperative educational activities within China.
Sino-foreign cooperative education institutions shall not provide religious education or carry on religious activities.
Article 8 The administrative department of education under the State Council shall be responsible for the overall planning, general coordination and day-to-day administration of all Sino-foreign cooperative educational activities in China. The administrative departments of education and labor and other administrative departments under the State Council shall be responsible for relevant Sino-foreign cooperative educational activities within the scope of their respective responsibilities 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 responsible for the overall planning, general coordination and day-to-day administration of Sino-foreign cooperative educational activities within their respective areas of administrative responsibility. The administrative departments of education and labor and other administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for relevant Sino-foreign cooperative education activities within the scope of their respective duties and within their respective areas of administrative responsibility.
Chapter II Establishment
Article 9 Parties that apply to establish Sino-foreign cooperative education institutions shall have legal person status.
Article 10 Sino-foreign cooperative education institutions may be established using cash funds, physical property, land use rights, intellectual property rights and other forms of property as investment capital.
Intellectual property rights shall account for no more than one-third of the total value of assets invested in a Sino-foreign cooperative education institution. However, for any foreign education institution invited to engage in cooperative educational activities in China by the administrative department of education or labor under the State Council or by the people's government of any province, autonomous region, or municipality directly under the Central Government, intellectual property rights may account for more than one-third of the total investment made.
Article 11 All Sino-foreign cooperative education institutions shall meet the basic conditions set forth in the Education Law of the People's Republic of China, the Vocational Education Law of the People's Republic of China and the Higher Education Law of the People's Republic of China, and shall have legal person status. However, no Sino-foreign cooperative institute of higher education established by a foreign education institution and a Chinese institute of higher education shall be required to have legal person status.
Sino-foreign cooperative education institutions shall be established in accordance with state standards applicable to the establishment of other education institutions of the same level and type.
Article 12 Applications to establish Sino-foreign cooperative education institutions that will provide educational services at undergraduate level or above shall be subject to examination and approval by the State Council; applications to establish Sino-foreign cooperative education institutions that will provide high-level training and non-academic educational services shall be subject to examination and approval by the people's government of the province, autonomous region, or municipality directly under the Central Government where the institution is to be located.
Applications to establish Sino-foreign cooperative education institutions that will provide mid-level diploma education, distance learning courses, continuing education services or preschool education shall be subject to examination and approval by the administrative department of education under the people's government of the province, autonomous region, or municipality directly under the Central Government where the institution is to be located.
Applications to establish Sino-foreign cooperative education institutions that will provide occupational training shall be subject to examination and approval by the administrative department of labor under the people's government of the province, autonomous region, or municipality directly under the Central Government where the institution is to be located.
Article 13 The process for establishing a Sino-foreign cooperative education institution shall be divided into two steps, i.e., preparatory establishment and formal establishment, although any applicant that meets the criteria applicable to operating an education institution and the standards for establishment may apply directly for formal establishment.
Article 14 The following documents shall be submitted for any application to establish a Sino-foreign cooperative education institution:
1.
......