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Tentative Measures of the State Education Commission of the People’s Republic of China for Administration on Establishment of Schools for Children of Foreign Personnel

 

 

Article 1 With a view to providing convenience for children of foreign personnel to receive education within China, perfecting the administration on schools for children of foreign personnel and promoting the reform and opening to the outside world of this Country, these Measures are hereby formulated.

Article 2 Foreign institutions and foreign-funded enterprises legally established in China, branches of international organizations in China and foreigners legally reside/stay in China may, in accordance with these Measures, apply for establishing schools for children of foreign personnel (hereinafter referred to as “Schools”).

Article 3 Schools are limited to provide the education not higher than secondary school (including ordinary secondary school).

Article 4 For the purpose of applying for establishing Schools, the following basic conditions shall be satisfied:

1. There are appropriate student sources and demands on schooling services;

2. There are the teacher resources which meet the demands on teaching and education;

3. There are necessary premises, facilities and other school-running conditions;

4. There are necessary schooling-running capitals and stable capital-raising sources.

Article 5 For the purpose of applying for establishing Schools, the following materials shall be submitted:

1. Application form for establishing Schools (including school-running purpose, enrollment plan, student-enrolling area, school scale);

2. Articles of association of School;

3. Identity documents of applicant;

4. Name list of headmaster and member of board of directors as well as qualification certificates thereof;

5. Facilities, capitals, school buildings, land, capital raising sources of proposed School as well as the relevant supporting documents;

6. Teacher resources.

Article 6 For the purpose of establishing a School, the applicant shall apply with the education administration department of the province, autonomous region or municipality directly under the Central Government where the proposed School is located. After the consent is obtained from the education administration department, the application shall be reported to the education administration department under the State Council for examination and approval.

Article 7 Each School of which the establishment is approved shall, as of the date on which the approval is given, have the status of legal person and independently undertake civil responsibilities.

No School may set up any branch.

Article 8 Schools shall only enroll the children of foreign personnel within China which hold residence permit. No School may enroll children of China citizens.

Article 9 The curriculum, teaching materials and teaching plan of each School shall be determined by such School independently.

Article 10 The necessary school-running capitals shall be raised by the applicant.

School may not carry out industrial/commercial activities and other profit-making activities within China.

Article 11 The government of the People’s Republic of China encourages and supports Schools to set up courses of Chinese language and Chinese culture, so as to enhancing and deepening students’ understanding on Chinese culture.

Article 12 The employment of foreign personnel by Schools shall be dealt with in accordance with the Law the People’s Republic of China on Control of Entry and Exit of Aliens and the provisions relating to employment of foreigners in China.

Employment of personnel of foreign embassies/consulates in China and their spouses by Schools shall be subject to the approval by the Ministry of Foreign Affairs.

For employing Chinese citizens, Schools shall apply with the provincial-level education administration department, and may effect such employment only after the application is approved.

Article 13 The import of teaching equipment and office articles by Schools shall be dealt with in accordance with the provisions made by the relevant authorities of China.

Article 14 Schools as well as staff members and students thereof shall abide the laws and regulations of China, respect the customs of Chinese people, and may not engage in any activity which may endanger the security and public interest of the People’s Republic of China.

Article 15 Matters relating to construction land of Schools shall be dealt with in accordance with the national regulations relating to land administration. The buildings and land of any School may not be used for carrying out any activity which is not consistent with the function of such school.

Article 16 Each School shall annually file the name list of staff members, the name list of students and teaching materials with local education administration department, and shall accept the supervision and inspection legally carried out by local education administration department.

In case any School changes its headmaster or the members of its board of directors, such School shall reported the change to the provincial-level education administration departments for filing.

Article 17 Should any School, in violation of these Measures, conduct any of the following acts, the relevant provincial-level education administration department shall, on the basis of the circumstance, order such School and its promoter to make correction within the time limit specified or shut down such School:

1. The School is established without approval;

2. The School enrolls the children of Chinese citizens;

3. The School can't operate normally owing to serious insufficiency in school-running resources (including capitals, student source and teacher resources);

4. The School carries out industrial/commercial activities and other profit-making activities;

5. The School carried out any activity which violates the laws and regulations of China.

Article 18 These Measures are not applicable to the administration on children the schools for children of foreign personnel established by foreign affairs agencies in China.

Article 19 The people’s government of each province, autonomous region or municipality directly under the Central Government may, on the basis of these Measures and local situations, formulate the specific provisions.

Article 20 These Measures shall come into force as of the date on which they are promulgated. The previously established Schools shall, in accordance with the provisions hereunder, go through the relevant formalities.