Current location - Training Enrollment Network - Education and training - The contents of "Measures for the Implementation of People's Republic of China (PRC) Private Education Promotion Law".
The contents of "Measures for the Implementation of People's Republic of China (PRC) Private Education Promotion Law".
Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on the Promotion of Private Education and relevant laws and regulations, and combined with the actual situation in Sichuan.

Article 2 These Measures shall apply to social organizations or individuals outside the state institutions within the administrative area of Sichuan Province who use non-state financial funds to organize activities of schools and other educational institutions facing the society.

Article 3 The local people's governments at or above the county level shall adhere to the principles of active encouragement, strong support, correct guidance and management according to law, incorporate private education into the overall plan of national economic and social development, give classified guidance, rationally allocate educational resources and promote the sustained and healthy development of private education.

Article 4 Private schools and public schools have the same legal status. The autonomy and other legitimate rights and interests of private schools are protected by law.

Article 5 The teaching and administrative staff of private schools enjoy the same rights as the teaching and administrative staff of public schools in teacher qualification, professional title evaluation, post employment, professional training, commendation and awards, scientific research projects and subject declaration, and social activities.

Private schools shall guarantee the salaries and welfare benefits of staff and workers according to law, establish a special account system for staff and workers' salaries, pay staff and workers' salaries in full and on time, and participate in various insurances and handle housing accumulation funds in accordance with regulations.

Teachers in private schools can participate in the insurance of public institutions. Specific measures shall be formulated by the provincial people's government.

Article 6 Educatees in private schools enjoy the same rights as similar public schools at the same level in terms of further studies, transfer, examination, employment, participation in advanced selection, transportation, student loans, insurance and social activities.

Article 7 The establishment of private schools shall meet the needs of local economic and social development, educational development and school layout planning. Setting standards refer to the setting standards of similar public schools at the same level.

The establishment of private schools shall be examined and approved in accordance with the following authority:

(a) institutions of higher learning with bachelor degree or above, as well as teachers' and medical college education, shall be submitted for approval according to the relevant provisions;

(two) higher vocational and technical colleges (junior colleges) approved by the provincial people's government, reported to the education administrative department of the State Council for the record;

(3) Non-academic institutions of higher education shall be examined and approved by the municipal (state) people's government in accordance with the setting standards formulated by the provincial education administrative department and reported to the provincial education administrative department for the record;

(four) ordinary high schools, secondary vocational schools and other secondary education institutions shall be examined and approved by the municipal (state) education administrative department and reported to the provincial education administrative department for the record;

(five) ordinary junior high schools, junior vocational schools, primary schools, kindergartens and other educational institutions shall be examined and approved by the county-level education administrative department and reported to the municipal (state) education administrative department for the record;

(VI) Vocational qualification training and vocational skills training schools focusing on vocational skills, with primary examination and approval by the administrative department of labor and social security of the county (city, district), intermediate examination and approval by the administrative department of labor and social security of the city (state), and senior examination and approval by the administrative department of labor and social security of the province and sent to the administrative department of education at the same level for the record;

(seven) sports, medicine and health and other categories of secondary and secondary education of private schools approved by the relevant administrative departments in accordance with the relevant provisions of the state, reported to the relevant education administrative departments for examination and approval.

Article 8 The names of private schools shall conform to the provisions of relevant laws and administrative regulations, and reflect the categories, levels and administrative regions of schools. The foreign name used for registration shall have the same meaning as the Chinese name approved for registration.

Colleges or universities that implement higher education, schools that implement primary and secondary education, and kindergartens that implement preschool education; The implementation of vocational education should be crowned with the words occupation and vocational technology. ; The implementation of non-academic education should be crowned with words such as tutorial, specialty, further study and training.

Article 9 The examination and approval authority shall publish the examination and approval items, basis, conditions, procedures, time limit and the list of application materials to be submitted for the establishment of private schools according to law. The accepted application for establishment shall be examined and approved according to law within the statutory time limit. The application for the establishment of a multi-level school can be accepted by the high-level examination and approval authority and make a decision on examination and approval.

After the examination and approval authority makes the examination and approval decision, it shall serve the examination and approval decision on the applicant in written form. Agree to the establishment and issue a letter of approval for the establishment; If it disagrees with the establishment, it shall explain the reasons in writing. If the formal establishment is approved, a school license will be issued, and the school license will be implemented with one school and one certificate; If it is not approved, it shall explain the reasons in writing.

Private schools approved for establishment shall not enroll students during their establishment.

Private schools shall be registered in accordance with the law after obtaining the school license, and shall be handled and announced by the civil affairs department in accordance with the relevant regulations and procedures.

Article 10 The termination and liquidation of private schools shall be handled in accordance with relevant laws and regulations.

Eleventh private schools should implement the principal responsibility system under the leadership of the board of directors, the board of directors or other forms of decision-making bodies. The list of chairman and directors (or chairman and directors) shall be submitted to the examination and approval authority for the record. The legal representative of a private school shall be the chairman, chairman or principal. Private schools should implement democratic management systems such as staff congresses and open school affairs; Establish and improve various management systems such as teaching, scientific research, personnel, finance and safety.

Twelfth private schools should employ full-time principals. The qualifications of principals refer to the standards of similar public schools at the same level, and the age is generally not more than 70 years old. The appointment or dismissal of the principal shall be decided by the school board of directors, the board of directors or other forms of decision-making bodies, and reported to the examination and approval authority for approval.

Thirteenth private schools that implement higher education and secondary vocational and technical education, except those that need to be submitted for approval according to the provisions of the state, can set up their own majors and courses according to the purpose of running a school, training objectives and market demand, and choose their own teaching materials and report them to the examination and approval authorities for the record.

Fourteenth private schools enjoy the same enrollment rights as similar public schools at the same level, and can independently determine the enrollment scope, standards and methods; Private colleges and universities should abide by the relevant provisions of the state when recruiting students with higher academic qualifications.

Fifteenth private schools that implement academic education shall, in accordance with the relevant provisions of the state, issue academic certificates to educatees who have completed all courses and examinations or passed the examinations. Private colleges and universities with degree-conferring qualifications shall issue degree certificates to educated people who meet the conditions for degree-conferring.

Private schools that implement non-academic education shall issue certificates of completion or training certificates to the educated who have completed their studies.

Students who have received vocational skills training and passed the appraisal by vocational skill appraisal institutions with corresponding qualifications according to law shall be awarded national vocational qualification certificates.

Sixteenth private schools should strengthen safety management, establish a safety management system, provide up-to-standard education, teaching venues and teaching facilities and equipment, and maintain the normal order of the school.

Private schools should establish and improve the emergency management system, educate teaching staff and students on emergency knowledge, and cultivate students' safety awareness and self-help and mutual rescue ability. The competent education department shall guide and supervise schools to carry out emergency knowledge education.

Article 17 The sponsor of a private school shall fulfill the obligation of capital contribution in accordance with the bid report or the articles of association of the school, and may make capital contribution in the form of funds, in kind, land use rights that can be contributed at a fixed price according to law, intellectual property rights or other intangible assets recognized by the evaluation agency. Where intangible assets are used as capital contribution, it shall be assessed by a qualified assessment agency, and the proportion of capital contribution shall conform to the corresponding provisions of the state.

Article 18 The sponsor shall entrust a qualified capital verification institution to conduct capital verification and issue a capital verification report on the investment in private schools. Where the capital contribution is made by means other than monetary funds, the promoters shall also entrust an institution with evaluation qualification to make an evaluation.

Article 19 Private schools shall establish financial, accounting and asset management systems according to law, and separately register and establish accounts for the assets invested by the sponsors in private schools, state-owned assets, assets donated, fees collected and the accumulation of school-running assets.

The funds invested by the sponsors in private schools, the funds received from donations, the fees collected and the accumulation of funds for running schools shall be deposited in basic account, where the school opens in a bank.

Twentieth private schools should employ personnel with accounting qualification certificates as financial management personnel. As the person in charge of an accounting institution or the person in charge of accounting, in addition to obtaining the qualification certificate of accounting practice, one should also have the professional and technical post qualification of accountant or above or have been engaged in accounting work for more than 3 years.

Twenty-first during the existence of private schools, all the assets invested by the sponsors in private schools and their income shall be managed and used by private schools according to law. The sponsor shall not withdraw funds or misappropriate school funds, and shall not illegally transfer assets. Accept the supervision of the examination and approval authorities and other relevant departments.

The assets invested by the sponsor in a private school shall be separated from other assets of the sponsor, and the transfer of property rights and land use rights shall be handled within 1 year from the date of registration and establishment of the school.

Article 22 When a private school formulates or adjusts the standards for charging tuition and accommodation fees to educated people who receive academic education, it shall submit a written application, which shall be submitted to the administrative department of education or the administrative department of labor and social security for review according to the school category and affiliation, and submitted to the competent price department for approval and publicity.

Private schools can determine their own tuition and accommodation standards for non-academic education personnel, and report them to the competent price department for filing and publicity.

Article 23 When enrolling students, private schools shall publicize the charging items, charging standards and other related contents to the public through various forms, and shall not change them without authorization after publicity.

Private schools that implement preschool education charge monthly or semester; Private schools that implement academic education charge by semester or academic year; Private schools that carry out non-academic education are charged according to the semester or academic year, and less than one semester is charged according to the training cycle. Private schools are not allowed to charge fees in advance across academic years.

If the educatee of a private school leaves the school due to dropout, transfer or other reasons, the school shall refund the corresponding fees in accordance with the relevant regulations or the agreement between the two parties.

Twenty-fourth establish and improve the risk prevention system of private schools. Specific measures shall be formulated by the provincial people's government.

Twenty-fifth educational supervision institutions of local people's governments at or above the county level shall supervise private schools according to law, and promote them to improve the quality of running schools.

Establish an information announcement system for private schools, and regularly announce basic information such as evaluation results of private schools to the public. The specific measures shall be formulated by the provincial education administrative department and the provincial labor and social security administrative department respectively.

The administrative departments of education and labor security of local people's governments at or above the county level shall support the enrollment and examination of private schools.

Twenty-sixth local people's governments at or above the county level shall set up special funds to finance the development of private education and reward and commend the collectives and individuals who have made outstanding contributions.

Twenty-seventh state-owned enterprises and institutions can idle real estate, equipment and facilities and other resources in the form of state-owned assets to run schools in cooperation with private schools or give priority to lease or transfer to private schools according to law.

Twenty-eighth funded private schools and private schools where investors do not require reasonable returns shall enjoy the same tax and other preferential policies as public schools according to law.

Private schools that require investors to get reasonable returns enjoy preferential tax policies stipulated by the state.

Private schools shall carry out tax registration according to law, and go through the formalities for cancellation of tax registration according to law at the time of termination.

Twenty-ninth citizens, legal persons or other organizations to donate property to private schools, enjoy the preferential tax policies stipulated by the state.

Thirtieth people's governments at the county level signed an agreement with private schools, entrusting them to undertake some tasks of compulsory education, and should allocate corresponding education funds according to the standard of per capita education funds of local public schools that implement compulsory education. If the entrusted private school needs to collect fees from the students enrolled in the agreement, it shall deduct the allocated per capita education funds.

Thirty-first private schools implement the same price policy as similar public schools in terms of charges for utilities such as water, electricity and gas.

Thirty-second financial institutions are encouraged to support the development of private education in accordance with the national credit preferential policies. Private schools are allowed to develop mortgage loans for themselves with facilities such as school-run enterprises, and their loans must be used for running schools.

Article 33 The legal person property rights of private schools are protected by law. Investors can get a reasonable return from the school balance according to the relevant regulations. If the reasonable return is used for the development of the school, it should be reinvested. Specific measures shall be implemented in accordance with relevant state regulations.

Thirty-fourth private schools that violate the provisions of the third paragraph of Article 9, Article 22 and Article 23 of these Measures shall be investigated and dealt with by the administrative departments of education, labor and social security, price departments and other relevant administrative departments according to law.

Private schools that violate other provisions of these measures shall be handled in accordance with relevant laws and regulations.

Article 35 The management of operating private training institutions registered in the administrative department for industry and commerce shall be carried out in accordance with the relevant provisions of the state.

Article 36 These Measures shall come into force as of June 6, 2008. 1998 12 18 The Regulations on Running Schools by Social Forces in Sichuan Province adopted at the sixth meeting of the Standing Committee of the Ninth People's Congress of Sichuan Province shall be abolished at the same time.