Regulations of the Peoples Republic of China on Sino-Foreign Cooperative Education

文章摘要 中外合作办学条例旨在规范中外合作办学活动,明确其公益属性和中国教育事业组成部分地位,鼓励引进优质教育资源及高等教育、职业教育领域合作。条例划定禁区:不得举办义务教育及军事、警察、政治等特殊教育,禁止宗教组织参与。设立采用审批制并按教育层次划分审批权限,申请者须具法人资格,知识产权出资比例受限。实务上,合作办学机构应重点审查合规性、审批程序及出资安排,防范法律风险。

Chapter 1 General Provisions
 Article 1 In order to regulate the activities of Sino-foreign cooperative education activities, to strengthen foreign exchange and cooperation in education, and to promote the development of education undertakings, these Regulations are enacted in accordance with the Education Law of the People's Republic of China, the Law of the People's Republic of China on Occupational Education and the Law of the People's Republic of China on Promotion of Privately-Run Education.
 Article 2 The activities of launching education institutions (hereinafter referred to Sino-foreign cooperative education institutions) mainly aiming at enrolling Chinese citizens by foreign education institutions and Chinese education institutions (hereinafter referred to as Sino-foreign cooperative educators) within China shall be governed by the present Regulations.
 Article 3 Sino-foreign cooperative education is a public undertaking, and is a part of Chinese education undertakings.
The state adopts the policies of wider opening to the outside world, standard education activities, administration by force of law and promotion of the development for Sino-foreign cooperative education.
The state encourages the Sino-foreign cooperative education that introduces high-quality foreign education resources. The state encourages Sino-foreign cooperative education in the areas of higher education and occupational education, and encourages Chinese higher education institutions to cooperate with famous foreign higher education institutions in running schools.
 Article 4 The legitimate rights and interests of Sino-foreign cooperative educators and Sino-foreign cooperative education institutions are under the protection of Chinese laws.
Sino-foreign cooperative education institutions are entitled to the preferential policies of the state according to law, and shall carry out education and teaching activities independently according to law.
 Article 5 Sino-foreign cooperative education must be in conformity with Chinese laws, implement Chinese education policies, comply with Chinese public ethics, and may not impair the state sovereignty, security, or public interest.
Sino-foreign cooperative education shall meet the needs of the development of Chinese education undertakings, guarantee the education quality, and commit to foster a variety of talents for the socialist construction cause of China.
 Article 6 Sino-foreign cooperative educators may cooperate to launch education institutions at various levels. Nevertheless, they may not launch any institution carrying out compulsory education, or education of special natures, such as military, police and politics etc.
 Article 7 Foreign religious organizations, religious institutions, religious universities and colleges, and religious instructors may not engage in cooperative education activities within China.
Sino-foreign cooperative education institutions may not engage in any religious education or carry out any religious activities.
 Article 8 The administrative department of education under the State Council shall be in charge of the overall planning, comprehensive coordination and macroscopic administration of Sino-foreign cooperative education work of the whole nation. The administrative departments of education, labor and other administrative departments under the State Council shall be in charge of the relevant Sino-foreign cooperative education work within the scope of duties 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 in charge of the overall planning, comprehensive coordination and macroscopic administration of Sino-foreign cooperative education work within their respective administrative areas. The administrative departments of education, labor and other administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be in charge of the relevant Sino-foreign cooperative education work within the scope of their duties and within their respective administrative areas.
 
Chapter 2 Establishment
 Article 9 The parties applying for establishment of a Sino-foreign cooperative education institution shall be qualified as a legal person.
 Article 10 Sino-foreign cooperative educators may use fund, property in kind, land use rights, intellectual property rights and other properties as investment for establishing the institutions.
The investment made in the form of intellectual property rights in the Sino-foreign cooperative educators may not exceed one third of their respective contribution to the investment. However, for the foreign education institutions that are invited to China by the administrative departments of education, labor under the State Council or by the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government for cooperative education, the investment of intellectual property right of them may exceed one third of their total investment.
 Article 11 A Sino-foreign cooperative education institution shall meet the basic conditions set forth by the Education Law of the People's Republic of China, the Law of the People's Republic of China on Occupational Education and the Law of the People's Republic of China on Higher Education, and shall be qualified as a legal person. However, for a Sino-foreign cooperative education institution that is established by a foreign education institution and a university or college of China, which carries out diploma education, to carry out diploma education, it is not required to be qualified as a legal person.
The establishment of a Sino-foreign cooperative education institution shall be executed by reference with the state standards for establishing education institutions of the same level and kind.
 Article 12 Applications for establishing Sino-foreign cooperative education institutions carrying out undergraduate diploma or higher education shall be subject to the examination and approval by the State Council; applications for establishing Sino-foreign cooperative education institutions carrying out higher training education and non-diploma higher education shall be subject to the examination and approval of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government of the places where the institutions to be established are located.
Applications for establishing Sino-foreign cooperative education institutions carrying out middle-level diploma education and self-study examination assistance education, continuation education and preschool education shall be subject to the examination and approval of the administrative departments of education under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government of the places where the institutions to be established are located.
Applications for establishing Sino-foreign cooperative education institutions carrying out occupational training shall be subject to the examination and approval of the administrative department of labor under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government of the places where the institutions to be established are located.
 Article 13 Establishment of Sino-foreign cooperative education institutions is divided into two steps, i.e., the preparatory establishment and the formal establishment.
However, those meeting the conditions for running education institutions and the standards for establishment may directly apply for formal establishment.
 Article 14 The following documents shall be submitted for the application for establishing a Sino-foreign cooperative education institution:
 1) Application report, the contents of which shall include: names of the Sino-Foreign cooperative education institutions and the Sino-Foreign cooperative education institution to be established, objective of education, education scale, level, form and conditions, internal management system, fund raising and the management and use of fund etc;
 2) Cooperation agreement, the content of which shall include: cooperation duration, and methods for settlement of disputes etc;
 3) Assets source, the amount of fund, and the valid certificates, all of which shall indicate the ownership;
 4) The donation agreement shall be submitted for the donated assets of the institutions, indicating the name of the donator, amount, purpose of use and management measures of the donated assets, as well as the relevant valid certifications;
 5) Evidence for fulfillment of the initiation fund of no less than 15% of the investment of the Sino-Foreign cooperative education institutions.
 Article 15 With respect to an application for preparatory establishment of a Sino-foreign cooperative education institution, the examination and approval department shall, within 45 workdays from the day of accepting the application, make the decision whether to approve or not. If approval is granted, a letter of approval for preparation of establishment shall be issued to the applicant; if not, the reasons shall be explained in written form.
 Article 16 Where an applicant gets the approval to prepare the establishment of Sino-foreign cooperative education institution, it shall file the application for formal establishment within 3 years from the day of approval; and the Sino-Foreign cooperative education institutions shall file a new application upon expiration of the period of 3 years.
No student may be enrolled within the period of preparatory establishment.
 Article 17 The following documents shall be submitted where a party applies for formal establishment upon completing the preparations for establishment:
 1) Application form for formal establishment;
 2) Letter of approval for preparatory establishment;
 3) Report on preparation for the establishment;
 4) Articles of association of the Sino-Foreign cooperative education institution, name list of the members of the first council, board of directors or joint administrative committee;
 5) Valid certifications of the assets of the Sino-Foreign cooperative education institution;
 6) Qualification certificates of the president or the major administrative principal, and of the teachers and financial personnel.
In case of direct application for establishment of a Sino-Foreign cooperative education institution, the documents specified in Items 1), 4), 5), 6) of the preceding paragraph, and in Items 2), 3) and 4) of Article 14 shall be submitted.
 Article 18 With respect to an application for formal establishment of a Sino-foreign cooperative education institution carrying out non-diploma education, the examination and approval department shall make the decision to approve or not within 3 months from the day of accepting the application; with respect to an application for formal establishment of a Sino-foreign cooperative education institution carrying out diploma education, the examination and approval department shall make the decision whether to approve or not within 6 months from the day of accepting the application. If approval is granted, a license for Sino-foreign cooperative education that is uniformly formatted and numbered shall be issued to the applicant; if approval is not granted, the reasons shall be explained in written form.
The format of the license for Sino-foreign cooperative education shall be formulated by the administrative department of education under the State Council, and the printing of the licenses shall be organized by the administrative departments of education and labor under the State Council respectively according to the division of their functions. The license for Sino-Foreign cooperative education shall be uniformly numbered by the administrative department of education under the State Council, the specific measures for which shall be set forth by the administrative department of education under the State Council in conjunction with the administrative department of labor under the State Council.
 Article 19 With respect to an application for formal establishment of a Sino-foreign cooperative education institution carrying out diploma education, the examination and approval department shall, after accepting the application, organize an expert committee, which shall give advisory opinions, to review the application.
 Article 20 Where a Sino-foreign cooperative education institution obtains the license for Sino-foreign cooperative education, it shall make the registration pursuant to the relevant laws and administrative regulations, and the registration department shall handle the case in a timely manner pursuant to the relevant provisions.
 
Chapter 3 Organization and Administration
 Article 21 A Sino-foreign cooperative education institution qualified as a legal person shall set up the council or board of directors, and a Sino-foreign cooperative education institution not qualified as a legal person shall set up the joint administrative committee. The Chinese members in the council, board or joint administrative committee may not be less than half of the total number.
The council, board or joint administrative committee shall be composed of 5 persons or more, and shall have 1 council chairperson and 1 deputy council chairperson; 1 board chairperson and 1 deputy board chairperson, or 1 director and 1 deputy director. Where either party to the Sino-Foreign cooperative education assumes the council chairperson, board chairperson or director, the other party to the Sino-Foreign cooperative education shall assume the deputy council chairperson, deputy board chairperson or deputy director.
The legal representative of a Sino-foreign cooperative education institution qualified as a legal person shall be consulted by the Sino-foreign cooperative educators, and be determined from the council chairperson, board chairperson or the president.
 Article 22 The council, board or joint administrative committee of a Sino-foreign cooperative education institution shall be composed of the representatives of the Sino-foreign cooperative educators, the president or the major administrative principal, and the representatives of the teaching staff, among whom, more than one third of the members shall have education or teaching experience of 5 years or more. The name list of the members of the council, board or joint administrative committee of a Sino-foreign cooperative education institution shall be submitted to the examination and approval department for approval.
 Article 23 The council, board or joint administrative committee of a Sino-foreign cooperative education institution exercises the following authorities:
 1) Reelecting or by-electing members of the council, board or joint administrative committee;
 2) Retaining or dismissing the president or major administrative principal;
 3) Modifying the articles of association and formulating the systems and rules;
 4) Drawing up the development planning and approving the annual work plan;
 5) Raising education fund, and auditing the budgets and final accounts;
 6) Determining the number and salary standards of the teaching staff;
 7) Deciding the splitting, merger or termination of the Sino-foreign cooperative education institution;
 8) Other authorities provided for by the articles of association.
 Article 24 The council, board or joint administrative committee of a Sino-foreign cooperative education institution shall hold at least one meeting each year. And at proposal by more than one third of the members, a temporary meeting of the council, board or joint administrative committee may be held.
The following major matters discussed by the council, board or joint administrative committee of a Sino-foreign cooperative education institution may be adopted only with the consent of more than two thirds of the members:
 1) Retaining or dismissing the president or major administrative principal;
 2) Modifying the articles of association;
 3) Formulating the development planning;
 4) Deciding the splitting, merger or termination of the Sino-foreign cooperative education institution;
 5) Other major matters provided for by the articles of association.
 Article 25 The president or major administrative principal of a Sino-foreign cooperative education institution shall be of Chinese nationality, reside within China, love this nation, have good conduct and ethics, possess education and teaching experience and the corresponding professional level.
The president or major administrative principal retained by a Sino-Foreign cooperative education institution shall be subject to ratification by the examination and approval department.
 Article 26 The president or major administrative principal retained by a Sino-foreign cooperative education institution exercises the following authorities:
 1) Executing the decisions of the council, board or joint administrative committee;
 2) Implementing the development planning, drafting the annual work plan, financial budget, and the systems and rules;
 3) Retaining and dismissing staff members, and being in charge of the award and punishment;
 4) Organizing the education, teaching and scientific research activities, and guaranteeing the education and teaching quality;
 5) Taking care of the daily administration work;
 6) Other authorities provided for by the articles of association.
 Article 27 A Sino-foreign cooperative education institution shall manage the teachers and students according to law.
The teachers and managerial personnel of foreign nationalities retained by a Sino-foreign cooperative education institution shall have the bachelor's degree or higher, and the corresponding occupational certificate, and shall possess education and teaching experience of no less than 2 years.
The foreign cooperative educators shall select a certain number of teachers from its own education institution to teach in the Sino-foreign cooperative education institution.
 Article 28 A Sino-foreign cooperative education institution shall safeguard the legitimate rights and interests of the teachers and students, guarantee the salary and welfare benefits of the teaching staff, and pay the social insurance for the teaching staff according to law.
The teaching faculties of a Sino-foreign cooperative education institution may form a trade union or other body according to law, and participate in the democratic administration of the institution through teaching staff representative assembly or other forms.
 Article 29 The foreign personnel of a Sino-foreign cooperative education institution shall observe the relevant provisions on employment of foreigners in China.
 
Chapter 4 Education and Teaching
 Article 30 A Sino-foreign cooperative education institution shall offer such courses as constitution, law, civic virtues and national conditions etc pursuant to the requirements of the state on the education institutions of the same level and kind.
The state encourages Sino-foreign cooperative education institutions to introduce in the courses and teaching materials that are badly needed in China and are of advanced level in the world.
A Sino-foreign cooperative education institution shall report to the examination and approval department for recording the courses offered and the teaching materials introduced.
 Article 31 A Sino-foreign cooperative education institution may, according to the needs, use foreign languages in the teaching, however, it shall use mandarin and formative Chinese characters as the basic teaching language.
 Article 32 Enrollment of Sino-foreign cooperative education institutions that carry out higher diploma education shall be included in the enrollment plan of higher education institutions of the state. Enrollment of Sino-foreign cooperative education institutions carrying out other diploma education shall conform to the provisions of the administrative departments of education of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government. Enrollment of overseas students by Sino-foreign cooperative institutions shall be carried out in accordance with the relevant state provisions.
 Article 33 The admission brochure and advertisements of a Sino-foreign cooperative education institution shall be reported to the examination and approval department for record.
A Sino-foreign cooperative education institution shall regularly publish the type and level of education, the setup of majors, the contents of courses, the scale of enrollment, and other relevant information.
 Article 34 A Sino-foreign cooperative education institution carrying out diploma education shall issue diploma certificates or other educational certificates pursuant to the relevant provisions of the state. The students who have received occupational training and have been appraised as qualified by occupational appraisal agencies approved by the government may be issued the corresponding state occupational qualification certificates.
A Sino-foreign cooperative education institution carrying out higher diploma education may issue corresponding Chinese degree certificates pursuant to the relevant provisions of the state.
The diploma and degree certificates of foreign education institution issued by a Sino-foreign cooperative education institution shall be the same as those issued in the country of that foreign institution, and shall be acknowledged by that country.
China's acknowledgment of the diploma and degree certificates of foreign education institution issued by a Sino-foreign cooperative education institution shall be in line with the international treaties concluded or entered into by the People's Republic of China, or be in line with the relevant provisions of the state.
 Article 35 The administrative department of education under the State Council or the administrative departments of education, labor and other administrative departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the daily supervision over Sino-foreign cooperative education institutions, shall organize or entrust social intermediary organizations to evaluate the operation level and education quality of Sino-foreign cooperative education institutions, and shall publish the evaluation results.
 
Chapter 5 Assets and Finance
 Article 36 A Sino-foreign cooperative education institution shall establish and perfect the financial and accounting system and the assets management system pursuant to law, and shall set up account books pursuant to the relevant provisions of the state.
 Article 37 During the existence of a Sino-foreign cooperative education institution, the legal person property right to all of its assets shall be enjoyed by the Sino-foreign cooperative education institution according to law, and no organization or individual may infringe upon those assets.
 Article 38 The charging items and standards of a Sino-Foreign cooperative education institution shall be fixed and publicized pursuant to the relevant government pricing provisions of the state; without approval, no items may be added, neither may the standards be raised. The Sino-foreign cooperative education institution shall calculate and collect the tuitions and other charges in RMB, not in foreign exchange.
 Article 39 The charges collected by a Sino-foreign cooperative education institution shall be used mainly in the education and teaching activities and to improve the education conditions.
 Article 40 A Sino-foreign cooperative education institution shall observe the provisions of the state on foreign exchange control in the activities of income and expense of foreign exchange, and in the opening and use of the foreign exchange account.
 Article 41 A Sino-foreign cooperative education institution shall make the financial accounting report at the end of each fiscal year, entrust a social auditing agency to audit that report, publicize the auditing result, and put on record with the examination and approval department.
 
Chapter 6 Alteration and Termination
 Article 42 The splitting or merger of a Sino-foreign cooperative education institution shall, after financial liquidation, be submitted by the council, board or joint administrative committee of that institution to the examination and approval department for approval.
With respect to an application for splitting or merger of a Sino-foreign cooperative education institution carrying out non-diploma education, the examination and approval department shall make a written reply within 3 months from the day of accepting the application; with respect to an application for splitting or merger of a Sino-foreign cooperative education institution carrying out diploma education, the examination and approval department shall make a written reply within 6 months from the day of accepting the application.
 Article 43 Alteration of any cooperative education institution of a Sino-foreign cooperative educators shall be proposed by the cooperative education institutions, and after the financial liquidation and with consent of the council, board or joint administrative committee, be submitted to the examination and approval department for ratification, and the relevant alteration formalities shall be processed.
Alteration of the domicile, legal representative, president or major administrative principal of a Sino-Foreign cooperative education institution shall be subject to the ratification of the examination and approval department, and shall go through the relevant alteration formalities.
 Article 44 Alteration of the name, level and type of a Sino-foreign cooperative education institution shall be submitted by the council, board or joint administrative committee of that institution to the examination and approval department for approval.
With respect to an application for conversion to a Sino-foreign cooperative education institution carrying out non-diploma education, the examination and approval department shall make a written reply within 3 months from the day of accepting the application; with respect to application for conversion to a Sino-Foreign cooperative education institution carrying out diploma education, the examination and approval department shall make a written reply within 6 months from the day of accepting the application.
 Article 45 A Sino-foreign cooperative education institution shall be terminated in any of the following situations:
 1) The institution shall be terminated in accordance with the articles of association and upon approval of the examination and approval department;
 2) The institutions is deprived of its license for Sino-Foreign cooperative education;
 3) The institution is unable to continue its operations due to insolvency.
Upon termination, a Sino-foreign cooperative education institution shall appropriately settle the students enrolled. The Sino-foreign cooperative education institution shall present the scheme on appropriate settlement of its enrolled students at the same time as it filed the application for termination.
 Article 46 A Sino-foreign cooperative education institution shall, upon termination, carry out financial liquidation pursuant to law. Where the Sino-foreign cooperative education institution requires for terminating itself, it shall organize the liquidation; where the institution is canceled by the examination and approval department pursuant to law, the department shall organize the liquidation; where the institution is terminated for inability to continue the operation due to insolvency, it shall request the people's court to organize the liquidation pursuant to law.
 Article 47 A Sino-foreign cooperative education institution shall pay off its debts in the following order in liquidation:
 1) Tuitions and other charges that shall be refunded to the students;
 2) Salaries that shall be paid to the teaching staff, and the social insurance premiums that shall be paid;
 3) Other debts that shall be paid off.
The remaining property of the Sino-foreign cooperative education institution after the aforesaid debts are paid off shall be disposed of in accordance with the relevant laws and administrative regulations.
 Article 48 Where a Sino-foreign cooperative education institution is terminated upon approval or is deprived off its license for Sino-foreign cooperative education, it shall return its license for Sino-Foreign cooperative education and the stamp to the examination and approval department, and nullify the registration pursuant to law.
 
Chapter 7 Legal Responsibilities
 Article 49 Where the examination and department of Sino-foreign cooperative education or any of its functionaries takes advantage of the post to accept property or get other benefits from others, abuse the powers or neglect the duties, issue the license for Sino-foreign cooperative education to those not in conformity with the present Regulations, or fail to investigate and punish the illegal acts found out, and thus cause serious consequences and violate the criminal law, the directly responsible personnel in charge and other directly responsible personnel shall be prosecuted for criminal responsibilities pursuant to the provisions of the criminal law on the crime of accepting bribes, the crime of abusing powers, the crime of neglecting duties or other crimes; administrative sanctions shall be given to those whose circumstances are not serious enough for criminal punishment.
 Article 50 If any department, in violation of the present Regulations, examines and approves Sino-Foreign cooperative education institutions beyond the limit of its authorities, the approval documents issued by it shall be invalidated and it shall be ordered to correct the act by the department at a higher level; administrative sanctions shall be given to the directly responsible personnel in charge and other directly responsible personnel; if serious losses are caused to public property, and to the interest of the state and people, the offenders shall be subject to criminal liabilities in accordance with the provisions of the criminal law on the crime of abusing powers or other crimes.
 Article 51 If any one, in violation of the present Regulations, establishes any Sino-foreign cooperative education without approval, or cheats for the license for Sino-foreign cooperative education by wrongful means, the administrative departments of education and labor shall, according to the divisions of their functions, ban the violator, or do so in conjunction with the public security department, order the violator to return the collected charges to the students, and impose on it a fine of less than RMB100,000; where the criminal law is violated, the criminal responsibilities shall be prosecuted for pursuant to law.
 Article 52 If any Sino-Foreign cooperative education institution, in violation of the present Regulations, enrolls students during the period of preparatory establishment, the administrative departments of education and labor shall, according to the divisions of their functions, order the violator to stop the enrollment and to return the collected charges to the students, and impose on it a fine of less than RMB100,000; where the circumstances are serious and the violator refuses to stop the enrollment, the examination and approval department shall cancel the letter of approval for preparatory establishment.
 Article 53 If any Sino-foreign cooperative education institution makes feigned investment or diverts the investment after the Sino-foreign cooperative education institution is established, the administrative departments of education and labor shall, according to the divisions of their functions, order the education institution to correct within a prescribed time limit; if the education institution fails to do so, the administrative departments of education and labor shall, according to the divisions of their functions, impose on him/her a fine of less than 2 times the amount of investment feigned or diverted.
 Article 54 If any one forges, alters or trades the license for Sino-foreign cooperative education, he shall be subject to criminal liabilities in accordance with the provisions of the criminal law on the crime of forging, altering or trading certificates of state departments or other crimes.
 Article 55 If a Sino-foreign cooperative education institution adds any charging items or raising the charging standards without approval, the administrative departments of education and labor shall, according to the divisions of their functions, order it to return the charges additionally collected, and the price authorities shall punish the violator in accordance with the relevant laws and administrative regulations.
 Article 56 If a Sino-foreign cooperative education institution is in poor management, offers low-quality education and teaching, and thus causes bad influences, the administrative departments of education and labor shall, according to the divisions of their functions, order it to rectify within a prescribed time limit and shall make a proclamation; if the circumstances are serious, the violator refuses to rectify or fails to meet the requirements after the rectification, the administrative departments of education and labor shall, according to the divisions of their functions, order it to stop enrollment and revoke its license for Sino-foreign cooperative education.
 Article 57 If any Sino-foreign cooperative education institution, in violation of the present Regulations, issues falsified admission brochures and cheats for money and property, the administrative departments of education and labor shall, according to the divisions of their functions, order it to correct within a prescribed time limit and give it a warning. If there are any illegal gains, such gains shall be confiscated after the collected charges are returned, and the violator may be imposed on a fine of less than RMB100,000 concurrently; where the circumstances are serious, the violator shall be ordered to stop enrollment and be deprived of its license for Sino-foreign cooperative education; where a crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the provisions of the criminal law on the crime of swindling or other crimes. If the Sino-foreign cooperative education institution issues falsified admission advertisement, it shall be investigated for legal responsibilities in accordance with the relevant provisions of the Advertisement Law of the People's Republic of China.
 Article 58 Where a Sino-foreign cooperative education institution is given the administrative sanction of revocation of its license for Sino-foreign cooperative education, its council chairperson or board chairperson, and the president or major administrative principal may not assume as the council chairperson or board chairperson, president or major administrative principal of any Sino-foreign cooperative education institution within 10 years from the day of revocation of the license for Sino-foreign cooperative education.
If any one has been prosecuted for criminal responsibilities for violation of the present Regulations and the criminal law, he/she may not engage in any Sino-foreign cooperative education activities within 10 years from the day of expiration of the criminal punishment.
 
Chapter 8 Supplementary Provisions
 Article 59 The present Regulations shall be applicable by reference to the cooperative education conducted by the education institutions from Hong Kong and Macao Special Administrative Regions and Taiwan Area and the education institutions of mainland China.
 Article 60 Measures for the administration of the for-profit Sino-foreign cooperative training institutions registered with the departments of industry and commerce administration shall be separately formulated by the State Council.
 Article 61 The specific measures for examination and approval, and for the administration of the cooperative education projects that are launched by foreign education institutions and Chinese education institutions within China and that aim mainly to enroll Chinese citizens and carry out diploma education, and self-taught examination assistance education, continuation education and preschool education etc, shall be formulated by the administrative department of education under the State Council.
The specific measures for examination and approval, and for the administration of the cooperative education projects that are launched by foreign education institutions and Chinese education institutions within China and that aim mainly to enroll Chinese citizens and carry out occupational training, shall be formulated by the administrative department of labor under the State Council.
 Article 62 Foreign education institutions, other organizations or individuals may not by themselves establish any school or other education institution within China mainly enrolling Chinese citizens.
 Article 63 The Sino-foreign cooperative training institutions established prior to the implementation of the present Regulations shall make up the license for Sino-foreign cooperative training provided for by the present Regulations. Among which, those that don't possess all the conditions specified in the present Regulations shall meet those conditions within 2 years from the day of implementation of the present Regulations; those failing to meet the requirements of the present Regulations within the prescribed time limit shall be canceled by the examination and approval departments.
 Article 64 The present Regulations shall enter into force as of September 1, 2003.

杨春宝一级律师简介

杨春宝一级律师,大成上海高级合伙人、资本市场部主任、国资基金研究中心主任,大成中国区私募基金专业带头人、科技与文化法律研究中心联合牵头人。执业30余年,长期从事私募基金、投融资、并购重组法律服务,尤其对对赌研究颇深且具有非常丰富的实战经验,并专注于金融机构股权投资业务。2004年起多次入选The Legal 500"私募基金"和"公司与商业"等境内外各类律师榜单,代理的中国法院首例适用外国法律审理外国公司的董事损害小股东权益纠纷案入选上海高院发布的《上海法院域外法查明典型案例》和威科先行"要案头条"。入选上海涉外法律人才库、上海市司法局鼎新法治人才库、上海国有企业改制法律顾问团,具有上市公司独立董事任职资格,系多家知名高校的兼职教授或兼职研究生导师及上海市商务委跨国经营人才培训班讲师。出版《私募股权投资基金风险防控操作实务》等16本投融资法律专著。了解更多

常见法律问题

中外合作办学有哪些禁止性规定?

中外合作办学属于中国教育事业的组成部分,必须遵守中国法律和教育政策。条例明确禁止举办义务教育阶段机构以及军事、警察、政治等特殊性质教育,同时禁止外国宗教组织、宗教机构、宗教院校和宗教教职人员在中国境内从事合作办学活动,合作办学机构也不得进行宗教教育和宗教活动。这些限制体现了教育主权和国家安全优先的立法取向。在申报审批实践中,不少中外教育机构洽谈合作时,曾尝试涉及基础教育阶段或特殊专业领域,但因不符合上述禁止性规定而被否决。例如,有国外机构希望引入其义务教育课程体系,或拟与国内机构合作开展警务培训,均因属于禁区而无法获得设立许可。宗教背景的境外学校试图以文化交流名义参与办学,同样被条例排除。合作双方在项目策划阶段应首先进行合规筛查,确认拟办学层次和专业类别不在禁止清单内,特别要核实外方机构是否具有宗教背景。对于涉及学历教育的合作,还应关注是否属于义务教育或特殊性质教育。建议在合作协议中设置合规承诺条款,明确任何宗教介入或违规办学行为将导致合作协议终止并由违约方承担损失,以降低法律风险。

设立中外合作办学机构的审批权限如何划分?

条例按照办学层次和教育类型,将审批权限分为国务院和省级政府两级。举办本科及以上学历教育的机构,须报国务院教育行政部门审批;举办高等专科教育、非学历高等教育、中等学历教育、自考助学、继续教育、学前教育及职业培训等,分别由所在地省级政府或其教育、劳动部门审批。这种分级负责的体制既保证高层次办学的国家统筹,又赋予地方一定灵活性。实务中,某中外合作大学拟开设本科学历项目,其设立申请必须提交国务院审批,程序复杂、周期较长;而一些民办高职院校与外国机构合作举办非学历培训课程,只需向省级教育或劳动行政部门申请,效率相对较高。此外,条例允许符合条件者直接申请正式设立,无需先经过筹备设立阶段,这对办学条件成熟的项目是重要便利。申请方应首先准确判断拟设机构的学历层次和教育类型,确定对应的审批机关,避免因错报层级导致申请被驳回。同时,应当备齐申请报告、合作协议、资质证明、办学场所与经费来源等材料,并按照筹备设立与正式设立的两步流程规划时间节点。对于拟直接正式设立的项目,需确保一次性满足所有法定条件。建议提前与属地教育主管部门预沟通,了解审批口径和材料要求。

知识产权出资在合作办学中有何限制?

条例允许合作方以资金、实物、土地使用权、知识产权及其他财产出资。但为确保合作的实质投入和办学稳定性,规定知识产权投资在合作者各自出资中所占比例不得超过三分之一。同时设有例外情形:若外国教育机构系由国务院教育、劳动行政部门或省级人民政府邀请来华合作办学的,其知识产权出资占比可以超过三分之一,以鼓励引进优质教育资源。在具体合作谈判中,外方高校通常倾向于以品牌、课程体系、专利等无形资产作价入股,而不愿投入大量现金。若该合作属于一般合作项目,外方知识产权出资比例一旦超过三分之一即不符合审批要求;但若是纳入政府间合作框架或被政府邀请的项目,则可突破该比例限制。例如,某知名外国大学经省级政府邀请与国内高校合作,其课程版权和教学体系作价占比被允许超过三分之一,这成为项目落地的关键因素。合作双方在确定出资结构时,应当先行评估外方是否属于政府邀请情形,必要时取得相应邀请文件或证明。对于不属于例外情形的项目,应通过调整出资方案,例如增加现金或实物出资,使知识产权占比控制在三分之一以内。评估机构出具的作价报告应客观合理,避免因虚高作价引发审批质疑。此外,知识产权出资涉及权属转移和使用许可,应在协议中明确权利范围、后续改进成果归属及终止合作后的处理方式。

以上内容仅供参考,不构成法律意见。如需专业法律服务,请联系杨春宝一级律师:chambers.yang@dentons.cn

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