中外合作辦學(xué)條例實(shí)施辦法(英文版)解讀

1、中外合作辦學(xué)條例實(shí)施辦法中外合作辦學(xué)條例實(shí)施辦法( (英文版英文版) )解讀解讀(adopted at the 68th executive meeting of the state council on february 19, 2003,promulgated by decree no. 372 of the state council of the peoples republic ofchina on march 1, 2003, and effective as of september 1, 2003)chapter i general provisionsarticle 1 th

2、ese regulations are formulated in accordance with the education lawof the peoples republic of china, the vocational education law of the peoplesrepublic of china and the law of the peoples republic of china on promotionof privately-run schools for the purposes of standardizing chinese-foreigncoopera

3、tion in running schools, strengthening international exchange andcooperation in the field of education and promoting the development of theeducational cause.article 2 these regulations apply to the activities of the cooperation betweenforeign educational institutions and chinese educational institut

4、ions(hereinafter referred to as chinese and foreign cooperators in running schools)in establishing educational institutions (hereinafter referred to aschinese-foreign cooperatively-run schools) within the territory of china toprovide education service mainly to chinese citizens.article 3 chinese-for

5、eign cooperation in running schools is an undertakingbeneficial to public interests and forms a component of chinas educationalcause.for chinese-foreign cooperation in running schools, the state adopts thepolicies of opening wider to the outside world, standardization of runningschools, exercising a

6、dministration according to law and promoting itsdevelopment.the state encourages chinese-foreign cooperation in running schools to whichhigh-quality foreign educational resources are introduced.the state encourages chinese-foreign cooperation in running schools in the fieldof higher education and vo

7、cational education, and encourages chineseinstitutions of higher learning to cooperate with renowned foreign institutionsof higher learning in running schools.article 4 the legal rights and interests of chinese and foreign cooperators inrunning schools and of chinese-foreign cooperatively-run school

8、s shall beprotected by the laws of china.chinese-foreign cooperatively-run schools shall enjoy preferential policiesmade by the state and enjoy autonomy when conducting educational activities inaccordance with law.article 5 chinese-foreign cooperation in running schools shall abide by the lawsof chi

9、na, implement chinas educational policies, comply with chinese publicethics and shall not jeopardize chinas sovereignty, security and publicinterests.chinese-foreign cooperation in running schools shall meet the needs of thedevelopment of chinas educational cause, ensure teaching quality and makeeff

10、orts to train all kinds of talents for chinas socialist construction.article 6 chinese and foreign cooperators in running schools may cooperate toestablish educational institutions of various types at various levels. however,they shall not establish institutions offering compulsory education service

11、 orspecial education services such as military, police and political educationservices.article 7 no foreign religious organization, religious institution, religiouscollege and university or religious worker may engage in cooperative activitiesof running schools within the territory of china. chinese

12、-foreigncooperatively-run schools shall not offer religious education, nor conductreligious activities.article 8 the education administrative department of the state council shallbe responsible for overall planning, comprehensive coordination and macrocontrol for all chinese-foreign cooperative acti

13、vities in running schoolsnationwide. the education administrative department, the labour administrativedepartment and other relevant administrative departments of the state councilshall be responsible for the work in relation to chinese-foreign cooperationin running schools in accordance with their

14、functions and duties as defined bythe state council.the education administrative departments of the peoples governments of theprovinces, autonomous regions and municipalities directly under the centralgovernment shall be responsible for overall planning, comprehensivecoordination and macro control f

15、or all chinese-foreign cooperative activitiesin running schools within their respective administrative regions. the educationadministrative departments, the labour administrative departments and otherrelevant administrative departments of the peoples governments of the provinces,autonomous regions a

16、nd municipalities directly under the central governmentshall be responsible for the work in relation to chinese-foreign cooperationin running schools within their respective administrative regions in accordancewith their functions and duties.chapter ii establishmentarticle 9 an educational instituti

17、on which applies for establishing achinese-foreign cooperatively-run school shall have the legal person status.article 10 a chinese or foreign cooperator in running a school may contributewith funds, in kind or in forms of land-use right, intellectual property rightsor other assets to establish the

18、school.contribution of intellectual property rights by a chinese or foreign cooperatorin running a school shall not exceed one-third of its total contribution. however,for a foreign educational institution that comes to china for cooperation inrunning a school at the invitation of the education admi

19、nistrative departmentor the labour administrative department of the state council or at the invitationof the peoples government of a province, an autonomous region or a municipalitydirectly under the central government, its contribution in the form ofintellectual property rights may exceed one-third

20、 of its total contribution.article 11 a chinese-foreign cooperatively-run school shall meet the basicrequirements prescribed by the education law of the peoples republic of china,the vocational education law of the peoples republic of china, the highereducation law of the peoples republic of china a

21、nd other laws and administrativeregulations, and shall have the legal person status. however, a chinese-foreigncooperatively-run school established to offer higher education service throughthe cooperation between a foreign educational institution and a chineseinstitution of higher learning which off

22、ers education for academicqualifications may have no legal person status. the establishment of achinese-foreign cooperatively-run school shall follow the standards for theestablishment of state-run educational institutions of the same type and at thesame level.article 12 an application for establish

23、ing a chinese-foreign cooperatively-runschool offering higher education for academic qualifications at or above theregular university education shall be subject to examination and approval ofthe education administrative department of the state council; an applicationfor establishing a chinese-foreig

24、n cooperatively-run school offeringspecialized higher education or higher education for non-academicqualifications shall be subject to examination and approval of the peoplesgovernment of the province, autonomous region or municipality directly underthe central government where the proposed school i

25、s to be located.an application for establishing a chinese-foreign cooperatively-run schooloffering secondary education for academic qualifications, programs of tutoringself-taught students for examinations, programs offering supplementary teachingof school courses and pre-school education shall be s

26、ubject to examination andapproval of the education administrative department of the peoples governmentof the province, autonomous region or municipality directly under the centralgovernment where the proposed school is to be located.an application for establishing a chinese-foreign cooperatively-run

27、 schooloffering vocational technical training shall be subject to examination andapproval of the labour administrativedepartment of the peoples governmentofthe province, autonomous region or municipality directly under the centralgovernment where the proposed school is to be located.article 13 the e

28、stablishment of a chinese-foreign cooperatively-run school shallinclude two steps of preparation for establishment and formal establishment.however, the applicant may file an application directly for formal establishmentif it fulfills the conditions for offering education and meets the standardsfor

29、establishment.article 14 an applicant who applies for preparation for establishment of achinese-foreign cooperatively-run school shall submit the following documents:(1) a project report which shall mainly contain the names of the chinese andforeign cooperators in running the school, the name of the

30、 proposedcooperatively-run school, educational targets, size of the school, level andform of education to be offered, conditions for offering education, system ofinternal management, sources of funding and capital management and use, etc.;(2) a cooperative agreement which shall contain the duration

31、of cooperation andways of dispute settlement, etc.;(3) valid documents verifying sources of assets and amount of capital, with clearstatement of ownership;(4) a donation agreement for any assets provided as a donation to the proposedschool, which carries the name of the donor, value of donation, pur

32、pose of useand management methods, and the relevant valid verifying documents; and(5) a certificate verifying that not less than 15 percent of initial fundsprovided by the chinese and foreign cooperators is already invested.article 15 in the case of an application for preparation for establishment o

33、fa chinese-foreign cooperatively-run school, the examination and approvalauthorities shall decide whether to grant the approval or not within 45 daysfrom the date of receiving the application. if the application is approved, aletter of approval for preparation for establishment shall be issued; if t

34、heapplication is not approved, reasons shall be provided in writing.article 16 an applicant whoseapplication for preparation for establishmentofa chinese-foreign cooperatively-run school is approved shall file an applicationfor formal establishment within three years from the date of approval; if it

35、is more than three years, the chinese and foreign cooperators in running theschool shall file an application anew.during the period of preparation forestablishment, no students shall be enrolled.article 17 an applicant who has completed its preparation for establishment andapplies for formal establi

36、shment shall submit the following documents:(1) an application for formal establishment;(2) the letter of approval for preparation for establishment;(3) a report on the progress of preparation for establishment;(4) the articles of association for the chinese-foreign cooperatively-run school,and a li

37、st of members on its first board of trustees or board of directors, orof its first joint managerial committee;(5) valid documents verifying assets of the chinese-foreign cooperatively-runschool; and(6) documents verifying the qualifications of the president or principaladministrator, the teachers an

38、d financial staff.an applicant who directly applies for formal establishment of a chinese-foreigncooperatively-run school shall submit all documents listed under subparagraphs(1), (4), (5) and (6) of the preceding paragraph and subparagraphs (2), (3) and(4) of article 14.article 18 in the case of an

39、 application for formal establishment of achinese-foreign cooperatively-run school offering education for non-academicqualifications, the examination and approval authorities shall decide whetherto grant the approvalor not withinthree months from the dateof receiving theapplication; in the case of a

40、n application for formal establishment of achinese-foreign cooperatively-run school offering education for academicqualifications, the examination and approval authorities shall decide whetherto grant the approval or not within six months from the date of receiving theapplication. if the application

41、 is approved, a permit for chinese-foreigncooperation in running the school printed in a standard format and numbered ina unified way shall be granted; if the application is not approved, reasons shallbe provided in writing.the format of the permit for chinese-foreign cooperation in running a school

42、shall be determined by the education administrative department of the statecouncil and the printing be arranged separately by the education administrativedepartment and the labour administrative department of the state council inaccordance with their respective functions and duties; the permit forch

43、inese-foreign cooperation in running a school shall be numbered in a unifiedway by the education administrative department of the state council and thespecific measures shall be formulated by the education administrative departmentjointly with the labour administrative department of the state counci

44、l.article 19 in the case of an application for formal establishment of achinese-foreign cooperatively-run school offering education for academicqualifications, the examination and approval authorities, upon receiving suchan application, shall organize an expert committee to make an evaluation, andth

45、e expert committee shall give its opinions.article 20 a chinese-foreign cooperatively-run school which has obtained thepermit for chinese-foreigncooperation in running theschool shall registerinaccordance with the relevant laws and administrative regulations, and theregistering authorities shall pro

46、cess the registration timely in accordance withthe relevant provisions.chapter iii organization and administrationarticle 21 a chinese-foreign cooperatively-run school with the legal personstatus shall set up a board of trustees or a board of directors, and achinese-foreign cooperatively-run school

47、without the legal person status shallset up a joint managerial committee. chinese members on the board of trustees,the board of directors or of the joint managerial committee shall not be lessthan half of the total number.the board of trustees, the board of directors or the joint managerial committe

48、eshall be composed of at least five members with one of them serving as thechairperson and one of them serving as the vice-chairperson respectively. ifeither of the chinese and foreign cooperators in running the school assumes thechairpersonship, the other shall assume the vice-chairpersonship.the l

49、egal representative of a chinese-foreign cooperatively-run school with thelegal person status shall be appointed through consultation between the chineseand foreign cooperators in running the school from the chairperson of the boardof trustees, or the chairperson of the board of directors, or the pr

50、esident ofthe cooperatively-run school.article 22 the board of trustees, the board of directors or the joint managerialcommittee of a chinese-foreign cooperatively-run school shall be composed ofthe representatives from both the chinese and foreign cooperators in runningthe school, the president or

51、principal administrator of the school, therepresentatives of the schools teaching and administrative staff, etc., andone-third of the members shall have at least five years of work experience inthe field of education and teaching.the list of members on the board of trustees, the board of directors o

52、r of thejoint managerial committee of a chinese-foreign cooperatively-run school shallbe submitted to the examination and approval authorities for the record.article 23 the board of trustees, the board of directors or the joint managerialcommittee of a chinese-foreign cooperatively-run school shall

53、exercise thefollowing powers:(1) electing or by-electing the members on the board of trustees, the board ofdirectors or of the joint managerial committee;(2) appointing or dismissing the president or the principal administrator;(3) modifying the articles of association and formulating school rules a

54、nd bylaw;(4) formulating development plans and approving annual work plans;(5) raising operational funds, examining and approving the budget and the finalaccounts;(6) determining the staff arrangement and quotas and the wage scales;(7) making decisions on the division, merger or termination of thech

55、inese-foreign cooperatively-run school; and(8) exercising other powers specified by the articles of association.article 24 the board of trustees, the board of directors or the joint managerialcommittee of a chinese-foreign cooperatively-run school shall meet at least oncea year. interim meetings of

56、the board of trustees, the board of directors orthe joint managerial committee may be convened upon proposal made by at leastone-third of its members.the board of trustees, the board of directors or the joint managerial committeeof a chinese-foreign cooperatively-run school shall adopt its decision

57、uponagreement by at least two-thirds of its members when it discusses the followingmajor issues:(1) appointing or dismissing the president or the principal administrator;(2) modifying the articles of association;(3) formulating the development plan;(4) making decisions on the division, merger or ter

58、mination of thechinese-foreign cooperatively-run school; and(5) other major issues specified by the articles of association.article 25 the president or the principal administrator of a chinese-foreigncooperatively-run school shall be a person with the nationality of the peoplesrepublic of china, dom

59、icile in the territory of china, love the motherland,possess moral integrity, and have work experience in the field of education andteaching as well as compatible professional expertise.the president or the principal administrator appointed by a chinese-foreigncooperatively-run school shall be subje

60、ct to approval of the examination andapproval authorities.article 26 the president or the principal administrator of a chinese-foreigncooperatively-run school shall exercise the following powers:(1) executing the decisions of the board of trustees, the board of directorsor the joint managerial commi