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Tentative Measures for Administration on Running Schools Abroad by Universities and Colleges

 

Article 1 These Measures are hereby formulated with a view to promoting foreign exchange and cooperation in the sphere of Chinese education and regulating universities and colleges’ activities of running schools abroad.

Article 2 For the purpose of these Measures, “running schools abroad by universities and colleges” shall mean the situation that universities and colleges establish, independently or jointly with the educational institutions and other social organizations that have the status of legal person and are acknowledged by the government of the country (region) where they are located, educational institutions abroad mainly for recruiting overseas citizens as students, or adopt other forms to engage in educational institution and teaching activities, to engage in higher degree education, degree education and non-diploma higher education.

Article 3 When running schools abroad, the universities and colleges shall adhere to the policies of exploring actively, progressing steadily, doing according to their abilities, ensuring the quality, managing normatively and running school in accordance with the law.

Article 4 When running schools abroad, the universities and colleges shall be in conformity with relevant provisions of China, shall abide by the law and regulations of country (region) where such schools are located, shall obtain relevant legal qualifications and shall undertake relevant legal liabilities by themselves.

Article 5 When running schools abroad, the universities and colleges shall first establish the preponderant or distinctive studies in the sphere of Chinese higher education and take full account of the needs and the development features of country (region) where such schools are located. China encourages universities and colleges to run schools abroad in a wider range of disciplinary fields.

Where universities and colleges confer Chinese diploma education and degrees, the establishment of majors and schooling system shall be in conformity with relevant provisions of China, ensuring the quality and the standing credit of Chinese higher education.

Article 6 Where an university or a college intends to engage in undergraduate degree education or higher level degree education abroad, such university or college shall, according to its subordinate relationship, submit an application to the people’s government of the province, autonomous region or municipality directly under the Central Government where it is domiciled or to the administrative organ which is in charge of such university or college for review, and then submit the application to the Ministry of Education for examination and approval. The Ministry of Education shall make a decision of approval or disapproval within 30 days of the receipt of such application.

Article 7 Where an university or a college intends to engage in junior college education or non-diploma higher education abroad, such university or college shall, according to its subordinate relationship, submit an application to the people’s government of the province, autonomous region or municipality directly under the Central Government where it is domiciled or to the administrative organ which is in charge of such university or college for examination and approval. The Ministry of Education shall make a decision of approval or disapproval within 30 days of the receipt of such application. The examination and approval authority shall make a decision of approval or disapproval within 30 days after receiving such application, and shall file the approval documents with the Ministry of Education within 15 days after approving such application.

Article 8 When applying for running school abroad, a university or a college shall submit the following materials:

1. An application form which shall include the following information:

The purpose of running schools abroad, the school-running conditions, the cooperation mode, the study period and degree-granting method, the prediction on teacher resources and student sources, the prediction on financial situation, the basic information of foreign partner, and the statement on whether the relevant laws of the country (region) where the school is located are complied with.

2. Basic teaching-related documents, including teaching plan, objective and mode of talent cultivation, and curriculum.

3. Valid certificates on foreign partner’s qualification to run school and credit standing.

4. Cooperation agreement signed by Chinese and foreign partners. The cooperation agreement shall include the following contents:

Name and nature of school, curriculum, admission criteria, teacher resources and teaching materials, cooperation term, rights and obligations of each party, degree-granting method, management mode, financial arrangement, settlement of disputes, liquidation method, etc.

The cooperation agreement may be executed only after the application for running school abroad is approved.

5. With respect to the application for independently establishing education institution, the articles of association of such institution shall be submitted. The articles of association of such institution shall provide for the following matters:

institution name and address, school-running purpose, scale, prediction on student source, majors and curriculum, education mode, internal management system, fund raising sources, prediction on financial situation, properties and financial system, rights and obligations between the promoter and the education institution, procedure for modification to articles of association and other matters for which the articles of association shall provide.

Article 9 When running schools abroad, universities and colleges may, in accordance with the relevant provisions, independently or jointly with foreign partners, issue the corresponding academic certificates.

In case of higher diploma education or degree education approved, the corresponding Chinese diploma may be issued in accordance with the relevant provisions. In case the degree is granted jointly by Chinese and foreign partners or independently by Chinese partner, the provisions of China relating to degree shall be complied with.

In case of non-diploma higher education, descriptive study certificates may be issued on the basis of actual situation.

Article 10 The Ministry of Education, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government and the administrative organs in charge of universities and colleges shall, in accordance with their respective authority in examination and approval, carry out instruction, supervision and administration on overseas-school-running activities by Universities and Colleges.

Article 11 These Measures shall apply to running schools in Hong Kong Special Administrative Region and Macro Special Administrative Region by universities and colleges.

For matters relating to running schools in Taiwan by universities and colleges, the provisions will be formulated separately.

These Measures are not applicable to the lecture-giving activities in overseas education institutions by teachers of universities and colleges through academic exchange or other channel.

Article 12 These Measures shall come into force as of February 1, 2003.