2024年2月17日发(作者：)

中外合作办学条例实施办法(英文版)

(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 People's Republic of

China on March 1, 2003, and effective as of September 1, 2003)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Education Law

of the People's Republic of China, the Vocational Education Law of the People's

Republic of China and the Law of the People's Republic of China on Promotion

of Privately-Run Schools for the purposes of standardizing Chinese-foreign

cooperation in running schools, strengthening international exchange and

cooperation in the field of education and promoting the development of the

educational cause.

Article 2 These Regulations apply to the activities of the cooperation between

foreign educational institutions and Chinese educational institutions

(hereinafter referred to as Chinese and foreign cooperators in running schools)

in establishing educational institutions (hereinafter referred to as

Chinese-foreign cooperatively-run schools) within the territory of China to

provide education service mainly to Chinese citizens.

Article 3 Chinese-foreign cooperation in running schools is an undertaking

beneficial to public interests and forms a component of China's educational

cause.

For Chinese-foreign cooperation in running schools, the State adopts the

policies of opening wider to the outside world, standardization of running

schools, exercising administration according to law and promoting its

development.

The State encourages Chinese-foreign cooperation in running schools to which

high-quality foreign educational resources are introduced.

The State encourages Chinese-foreign cooperation in running schools in the field

of higher education and vocational education, and encourages Chinese

institutions of higher learning to cooperate with renowned foreign institutions

of higher learning in running schools.

Article 4 The legal rights and interests of Chinese and foreign cooperators in

running schools and of Chinese-foreign cooperatively-run schools shall be

protected by the laws of China.

Chinese-foreign cooperatively-run schools shall enjoy preferential policies

made by the State and enjoy autonomy when conducting educational activities in

accordance with law.

Article 5 Chinese-foreign cooperation in running schools shall abide by the laws

of China, implement China's educational policies, comply with Chinese public

ethics and shall not jeopardize China's sovereignty, security and public

interests.

Chinese-foreign cooperation in running schools shall meet the needs of the

development of China's educational cause, ensure teaching quality and make

efforts to train all kinds of talents for China's socialist construction.

Article 6 Chinese and foreign cooperators in running schools may cooperate to

establish educational institutions of various types at various levels. However,

they shall not establish institutions offering compulsory education service or

special education services such as military, police and political education

services.

Article 7 No foreign religious organization, religious institution, religious

college and university or religious worker may engage in cooperative activities

of running schools within the territory of China. Chinese-foreign

cooperatively-run schools shall not offer religious education, nor conduct

religious activities.

Article 8 The education administrative department of the State Council shall

be responsible for overall planning, comprehensive coordination and macro

control for all Chinese-foreign cooperative activities in running schools

nationwide. The education administrative department, the labour administrative

department and other relevant administrative departments of the State Council

shall be responsible for the work in relation to Chinese-foreign cooperation

in running schools in accordance with their functions and duties as defined by

the State Council.

The education administrative departments of the people's governments of the

provinces, autonomous regions and municipalities directly under the Central

Government shall be responsible for overall planning, comprehensive

coordination and macro control for all Chinese-foreign cooperative activities

in running schools within their respective administrative regions. The education

administrative departments, the labour administrative departments and other

relevant administrative departments of the people's governments of the provinces,

autonomous regions and municipalities directly under the Central Government

shall be responsible for the work in relation to Chinese-foreign cooperation

in running schools within their respective administrative regions in accordance

with their functions and duties.

Chapter II Establishment

Article 9 An educational institution which applies for establishing a

Chinese-foreign cooperatively-run school shall have the legal person status.

Article 10 A Chinese or foreign cooperator in running a school may contribute

with funds, in kind or in forms of land-use right, intellectual property rights

or other assets to establish the school.

Contribution of intellectual property rights by a Chinese or foreign cooperator

in running a school shall not exceed one-third of its total contribution. However,

for a foreign educational institution that comes to China for cooperation in

running a school at the invitation of the education administrative department

or the labour administrative department of the State Council or at the invitation

of the people's government of a province, an autonomous region or a municipality

directly under the Central Government, its contribution in the form of

intellectual property rights may exceed one-third of its total contribution.

Article 11 A Chinese-foreign cooperatively-run school shall meet the basic

requirements prescribed by the Education Law of the People's Republic of China,

the Vocational Education Law of the People's Republic of China, the Higher

Education Law of the People's Republic of China and other laws and administrative

regulations, and shall have the legal person status. However, a Chinese-foreign

cooperatively-run school established to offer higher education service through

the cooperation between a foreign educational institution and a Chinese

institution of higher learning which offers education for academic

qualifications may have no legal person status. The establishment of a

Chinese-foreign cooperatively-run school shall follow the standards for the

establishment of State-run educational institutions of the same type and at the

same level.

Article 12 An application for establishing a Chinese-foreign cooperatively-run

school offering higher education for academic qualifications at or above the

regular university education shall be subject to examination and approval of

the education administrative department of the State Council; an application

for establishing a Chinese-foreign cooperatively-run school offering

specialized higher education or higher education for non-academic

qualifications shall be subject to examination and approval of the people's

government of the province, autonomous region or municipality directly under

the Central Government where the proposed school is to be located.

An application for establishing a Chinese-foreign cooperatively-run school

offering secondary education for academic qualifications, programs of tutoring

self-taught students for examinations, programs offering supplementary teaching

of school courses and pre-school education shall be subject to examination and

approval of the education administrative department of the people's government

of the province, autonomous region or municipality directly under the Central

Government where the proposed school is to be located.

An application for establishing a Chinese-foreign cooperatively-run school

offering vocational technical training shall be subject to examination and

approval of the labour administrative department of the people's government of

the province, autonomous region or municipality directly under the Central

Government where the proposed school is to be located.

Article 13 The establishment of a Chinese-foreign cooperatively-run school shall

include two steps of preparation for establishment and formal establishment.

However, the applicant may file an application directly for formal establishment

if it fulfills the conditions for offering education and meets the standards

for establishment.

Article 14 An applicant who applies for preparation for establishment of a

Chinese-foreign cooperatively-run school shall submit the following documents:

(1) a project report which shall mainly contain the names of the Chinese and

foreign cooperators in running the school, the name of the proposed

cooperatively-run school, educational targets, size of the school, level and

form of education to be offered, conditions for offering education, system of

internal management, sources of funding and capital management and use, etc.;

(2) a cooperative agreement which shall contain the duration of cooperation and

ways of dispute settlement, etc.;

(3) valid documents verifying sources of assets and amount of capital, with clear

statement of ownership;

(4) a donation agreement for any assets provided as a donation to the proposed

school, which carries the name of the donor, value of donation, purpose of use

and management methods, and the relevant valid verifying documents; and

(5) a certificate verifying that not less than 15 percent of initial funds

provided by the Chinese and foreign cooperators is already invested.

Article 15 In the case of an application for preparation for establishment of

a Chinese-foreign cooperatively-run school, the examination and approval

authorities shall decide whether to grant the approval or not within 45 days

from the date of receiving the application. If the application is approved, a

letter of approval for preparation for establishment shall be issued; if the

application is not approved, reasons shall be provided in writing.

Article 16 An applicant whose application for preparation for establishment of

a Chinese-foreign cooperatively-run school is approved shall file an application

for formal establishment within three years from the date of approval; if it

is more than three years, the Chinese and foreign cooperators in running the

school shall file an application anew. During the period of preparation for

establishment, no students shall be enrolled.

Article 17 An applicant who has completed its preparation for establishment and

applies for formal establishment 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 list of members on its first board of trustees or board of directors, or

of its first joint managerial committee;

(5) valid documents verifying assets of the Chinese-foreign cooperatively-run

school; and

(6) documents verifying the qualifications of the president or principal

administrator, the teachers and financial staff.

An applicant who directly applies for formal establishment of a Chinese-foreign

cooperatively-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 application for formal establishment of a

Chinese-foreign cooperatively-run school offering education for non-academic

qualifications, the examination and approval authorities shall decide whether

to grant the approval or not within three months from the date of receiving the

application; in the case of an application for formal establishment of a

Chinese-foreign cooperatively-run school offering education for academic

qualifications, the examination and approval authorities shall decide whether

to grant the approval or not within six months from the date of receiving the

application. If the application is approved, a permit for Chinese-foreign

cooperation in running the school printed in a standard format and numbered in

a unified way shall be granted; if the application is not approved, reasons shall

be provided in writing.

The format of the permit for Chinese-foreign cooperation in running a school

shall be determined by the education administrative department of the State

Council and the printing be arranged separately by the education administrative

department and the labour administrative department of the State Council in

accordance with their respective functions and duties; the permit for

Chinese-foreign cooperation in running a school shall be numbered in a unified

way by the education administrative department of the State Council and the

specific measures shall be formulated by the education administrative department

jointly with the labour administrative department of the State Council.

Article 19 In the case of an application for formal establishment of a

Chinese-foreign cooperatively-run school offering education for academic

qualifications, the examination and approval authorities, upon receiving such

an application, shall organize an expert committee to make an evaluation, and

the expert committee shall give its opinions.

Article 20 A Chinese-foreign cooperatively-run school which has obtained the

permit for Chinese-foreign cooperation in running the school shall register in

accordance with the relevant laws and administrative regulations, and the

registering authorities shall process the registration timely in accordance with

the relevant provisions.

Chapter III Organization and Administration

Article 21 A Chinese-foreign cooperatively-run school with the legal person

status shall set up a board of trustees or a board of directors, and a

Chinese-foreign cooperatively-run school without the legal person status shall

set 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 less

than half of the total number.

The board of trustees, the board of directors or the joint managerial committee

shall be composed of at least five members with one of them serving as the

chairperson and one of them serving as the vice-chairperson respectively. If

either of the Chinese and foreign cooperators in running the school assumes the

chairpersonship, the other shall assume the vice-chairpersonship.

The legal representative of a Chinese-foreign cooperatively-run school with the

legal person status shall be appointed through consultation between the Chinese

and foreign cooperators in running the school from the chairperson of the board

of trustees, or the chairperson of the board of directors, or the president of

the cooperatively-run school.

Article 22 The board of trustees, the board of directors or the joint managerial

committee of a Chinese-foreign cooperatively-run school shall be composed of

the representatives from both the Chinese and foreign cooperators in running

the school, the president or principal administrator of the school, the

representatives of the school's teaching and administrative staff, etc., and

one-third of the members shall have at least five years of work experience in

the field of education and teaching.

The list of members on the board of trustees, the board of directors or of the

joint managerial committee of a Chinese-foreign cooperatively-run school shall

be submitted to the examination and approval authorities for the record.

Article 23 The board of trustees, the board of directors or the joint managerial

committee of a Chinese-foreign cooperatively-run school shall exercise the

following powers:

(1) electing or by-electing the members on the board of trustees, the board of

directors 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 and bylaw;

(4) formulating development plans and approving annual work plans;

(5) raising operational funds, examining and approving the budget and the final

accounts;

(6) determining the staff arrangement and quotas and the wage scales;

(7) making decisions on the division, merger or termination of the

Chinese-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 managerial

committee of a Chinese-foreign cooperatively-run school shall meet at least once

a year. Interim meetings of the board of trustees, the board of directors or

the joint managerial committee may be convened upon proposal made by at least

one-third of its members.

The board of trustees, the board of directors or the joint managerial committee

of a Chinese-foreign cooperatively-run school shall adopt its decision upon

agreement by at least two-thirds of its members when it discusses the following

major 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 termination of the

Chinese-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-foreign

cooperatively-run school shall be a person with the nationality of the People's

Republic of China, domicile in the territory of China, love the motherland,

possess moral integrity, and have work experience in the field of education and

teaching as well as compatible professional expertise.

The president or the principal administrator appointed by a Chinese-foreign

cooperatively-run school shall be subject to approval of the examination and

approval authorities.

Article 26 The president or the principal administrator of a Chinese-foreign

cooperatively-run school shall exercise the following powers:

(1) executing the decisions of the board of trustees, the board of directors

or the joint managerial committee;

(2) implementing the development plan and drafting annual work plans, financial

budget, rules and bylaw;

(3) employing and dismissing the staff and executing rewards and punishments;

(4) organizing teaching and scientific research activities and ensuring teaching

quality;

(5) taking charge of daily administrative work; and

(6) exercising other powers specified by the articles of association.

Article 27 A Chinese-foreign cooperatively-run school shall administer its

teachers and students in accordance with law.

Foreign teachers and administrators employed by a Chinese-foreign

cooperatively-run school shall possess a bachelor's degree or above and related

occupational certificates, and have at least two years of work experience in

the field of education and teaching.

The foreign cooperator shall send a certain number of teachers from its own

educational institution to teach in the Chinese-foreign cooperatively-run

school.

Article 28 A Chinese-foreign cooperatively-run school shall safeguard the lawful

rights and interests of its teachers and students in accordance with law,

guarantee the payment and welfare benefits of the teaching and administrative

staff and pay social insurance premiums for the teaching and administrative

staff.

The teaching and administrative staff of a Chinese-foreign cooperatively-run

school shall establish their trade union and other organizations in accordance

with law, and participate in the democratic governance of the Chinese-foreign

cooperatively-run school through the staff congress or other means.

Article 29 Foreign employees of a Chinese-foreign cooperatively-run school shall

abide by the relevant provisions on employment of foreigners in China.

Chapter IV Education and Teaching

Article 30 A Chinese-foreign cooperatively-run school shall offer courses on

the constitution, laws, ethics of citizens and basic facts about China, etc.

in accordance with the requirements by China for educational institutions of

the same type at the same level. The State encourages Chinese-foreign

cooperatively-run schools to introduce internationally advanced courses and

teaching materials that are urgently needed in China.

A Chinese-foreign cooperatively-run school shall report the courses that it

offers and the teaching materials that it has introduced in to the examination

and approval authorities for the record.

Article 31 A Chinese-foreign cooperatively-run school may, if necessary, use

foreign languages in teaching, but shall use the standard Chinese language and

standard Chinese characters as the basic teaching language.

Article 32 The enrollment by Chinese-foreign cooperatively-run schools offering

higher education for academic qualifications shall be incorporated into the

national enrollment plan for institutions of higher learning. The enrollment

by Chinese-foreign cooperatively-run schools offering other education for

academic qualifications shall be conducted in accordance with the provisions

of the education administrative departments of the people's governments of the

provinces, autonomous regions or municipalities directly under the Central

Government.

The enrollment of overseas students by Chinese-foreign cooperatively-run

schools shall be conducted in accordance with the relevant provisions of the

State.

Article 33 The enrollment brochures and advertisements of Chinese-foreign

cooperatively-run schools shall be submitted to the examination and approval

authorities for the record. A Chinese-foreign cooperatively-run school shall

publicize regularly relevant information on the type and level of its education,

its specialties and courses and its enrollment plan, etc.

Article 34 Chinese-foreign cooperatively-run schools offering education for

academic qualifications shall grant academic qualifications certificates or

other education certificates in accordance with the relevant provisions of the

State; those that offer education for non-academic qualifications shall grant

training certificates or course completion certificates in accordance with the

relevant provisions of the State. Students who receive vocational skill training

may be granted relevant national vocational qualifications certificates in

accordance with the relevant provisions of the State if they pass the evaluation

by a vocational skill evaluation organ authorized by the government.

Chinese-foreign cooperatively-run schools offering higher education for

academic qualifications may grant relevant Chinese certificates of academic

degrees in accordance with the relevant provisions of the State.

Certificates of academic qualifications or certificates of academic degrees of

a foreign educational institution granted by a Chinese-foreign

cooperatively-run school shall be identical with the certificates of academic

qualifications or certificates of academic degrees issued by the foreign

educational institution in its own country and shall be recognized by that

country.

The recognition of certificates of academic qualifications or certificates of

academic degrees of a foreign educational institution granted by Chinese-foreign

cooperatively-run schools shall be governed by the international treaties

concluded or acceded to by the People's Republic of China or the relevant

provisions of the State.

Article 35 The education administrative department of the State Council or the

education administrative departments, the labour administrative departments and

other related administrative departments of the people's governments of the

provinces, autonomous regions or municipalities directly under the Central

Government shall strengthen their routine supervision over Chinese-foreign

cooperatively-run schools, organize or authorize intermediary organizations to

evaluate the management and educational quality of the Chinese-foreign

cooperatively-run schools and publicize the evaluation results.

Chapter V Assets and Financial Matters

Article 36 Chinese-foreign cooperatively-run schools shall establish and

improve their financial and accounting systems as well as their assets management

system in accordance with law, and shall keep books of accounts pursuant to the

relevant provisions of the State.

Article 37 During the period of their existence, Chinese-foreign

cooperatively-run schools shall enjoy the property of legal persons on all their

assets in accordance with law, and no other organizations or individuals may

encroach on such assets.

Article 38 The items and standards of charges by Chinese-foreign

cooperatively-run schools shall be determined and publicized in accordance with

the relevant provisions of the State on price fixing by the government; no

additional items or increase in charges shall be allowed without approval.

Chinese-foreign cooperatively-run schools shall use Renminbi instead of any

foreign currencies in calculating and collecting tuition and other fees.

Article 39 All fees collected by Chinese-foreign cooperatively-run schools shall

be mainly used for educational and teaching activities and for improving the

conditions of school operation.

Article 40 Chinese-foreign cooperatively-run schools shall abide by the

provisions of the State on foreign exchange control in conducting their

activities of the receipt and payment of foreign exchange and opening and using

foreign exchange accounts.

Article 41 Chinese-foreign cooperatively-run schools, at the end of each fiscal

year, shall prepare financial and accounting reports, commission public auditing

institutions to conduct auditing work in accordance with law, publicize the audit

findings, and file such information with the examination and approval

authorities for the record.

Chapter VI Alteration and Termination

Article 42 Division or merger of a Chinese-foreign cooperatively-run school

shall be reported to the examination and approval authorities for approval, after

the liquidation, by the board of trustees, the board of directors or the joint

managerial committee.

In the case of an application for division or merger of a Chinese-foreign

cooperatively-run school offering education for non-academic qualifications,

the examination and approval authorities shall reply in writing within three

months from the date of receiving the application; in the case of an application

for division or merger of a Chinese-foreign cooperatively-run school offering

education for academic qualifications, the examination and approval authorities

shall reply in writing within six months from the date of receiving the

application.

Article 43 Alteration of cooperators in running a Chinese-foreign

cooperatively-run school shall be proposed by the cooperators, and after

liquidation, with the consent of the board of trustees, the board of directors

or the joint managerial committee, shall be reported to the examination and

approval authorities for approval, and the relevant alteration formalities shall

be undertaken.

Any alteration in the domicile, legal representative or the president or the

principal administrator of a Chinese-foreign cooperatively-run school shall be

subject to examination and approval of the examination and approval authorities,

and the relevant alteration formalities shall be undertaken.

Article 44 Any alteration in the name, level or type of a Chinese-foreign

cooperatively-run school shall be reported for approval by the board of trustees,

the board of directors or the joint managerial committee to the examination and

approval authorities.

In the case of an application for altering a Chinese-foreign cooperatively-run

school to offer education for non-academic qualifications, the examination and

approval authorities shall reply in writing within three months from the date

of receiving the application; in the case of an application for altering a

Chinese-foreign cooperatively-run school to offer education for academic

qualifications, the examination and approval authorities shall reply in writing

within six months from the date of receiving the application.

Article 45 A Chinese-foreign cooperatively-run school shall be terminated in

one of the following cases:

(1) where a request for termination is made in accordance with the articles of

association and approved by the examination and approval authorities;

(2) where its permit for Chinese-foreign cooperation in running the school is

revoked; or

(3) where it is unable to continue its operation due to insolvency and such

termination is approved by the examination and approval authorities.

A Chinese-foreign cooperatively-run school shall make proper arrangements for

its students at school upon its termination; a Chinese-foreign cooperatively-run

school shall submit a plan for such arrangements while applying for termination

thereof.

Article 46 A Chinese-foreign cooperatively-run school shall make liquidation

in accordance with law upon termination.

Where a Chinese-foreign cooperatively-run school itself requests termination,

the Chinese-foreign cooperatively-run school shall organize liquidation; where

the termination is the result of dissolution by the examination and approval

authorities in accordance with law, the examination and approval authorities

shall organize liquidation; where the termination is the result of inability

to continue the operations for education due to its insolvency, a people's court

shall be requested according to law to organize liquidation.

Article 47 Upon liquidation, a Chinese-foreign cooperatively-run school shall

settle its outstanding debts according to the following sequence:

(1) tuition and other fees that shall be refunded to the students;

(2) salaries due to the teaching and administrative staff and their social

insurance premiums payable;

(3) payments for other outstanding debts.

The remaining assets of a Chinese-foreign cooperatively-run school after the

settlement of the above debts shall be handled in accordance with the provisions

of the relevant laws and administrative regulations.

Article 48 Where a Chinese-foreign cooperatively-run school is terminated after

approval or its permit for Chinese-foreign cooperation in running the school

is revoked, it shall return its permit for Chinese-foreign cooperation in running

the school and its official seals to the examination and approval authorities

and register its cancellation in accordance with law.

Chapter VII Legal Liability

Article 49 Where the examination and approval authorities for Chinese-foreign

cooperation in running schools or their personnel, by taking advantage of their

office, accept money or property from others or obtain other interests, or, by

abusing their power or neglecting their duty, issue a permit for Chinese-foreign

cooperation in running a school to those that do not meet the requirements

prescribed by these Regulations, or fail to conduct investigation when an illegal

act is discovered, if the consequences are serious and the case violates the

criminal law, the persons in charge who are responsible and other persons

directly responsible shall be investigated for criminal liability in accordance

with the provisions of the criminal law on the crime of acceptance of bribes,

the crime of abuse of power, the crime of neglect of duty or other crimes; if

the case is not serious for criminal punishments, they shall be given

administrative sanctions in accordance with law.

Article 50 Where any authority, in violation of the provisions of these

Regulations, examines and approves a Chinese-foreign cooperatively-run school

beyond the scope of power, the document of approval shall be null and void and

the higher level authorities shall order it to make corrections; the persons

in charge who are responsible and other persons directly responsible shall be

given administrative sanctions in accordance with law; if public property or

interests of the State and the people sustains heavy losses, they shall be

investigated for criminal liability in accordance with the provisions of the

criminal law on the crime of abuse of power or other crimes.

Article 51 Where anyone, in violation of the provisions of these Regulations,

establishes a Chinese-foreign cooperatively-run school without approval, or

defrauds a permit for Chinese-foreign cooperation in running the school by

illegitimate means, the education administrative department or the labour

administrative department shall ban it according to their respective functions

and duties, or, jointly with the public security organ, order it to return the

fees collected from the students, and concurrently impose a fine of not more

than 100,000 yuan; in case the criminal law is violated, criminal liability shall

be investigated in accordance with the provisions of the criminal law on the

crime of swindle or other crimes.

Article 52 Where anyone, in violation of the provisions of these Regulations,

enrolls students within the period of preparation for establishment of a

Chinese-foreign cooperatively-run school, the education administrative

department or the labour administrative department shall, according to their

respective functions and duties, order it to stop the enrollment of students

and to return the fees collected from the students, and concurrently impose a

fine of not more than 100,000 yuan; if the circumstances are serious and it

refuses to stop the enrollment, the examination and approval authorities shall

revoke the letter of approval for preparation for establishment.

Article 53 Where either Chinese or foreign cooperator in running a school makes

false capital contribution or withdraws the capital contribution after

establishment of the Chinese-foreign cooperatively-run school, the education

administrative department or the labour administrative department shall,

according to their respective functions and duties, order it to make corrections

within a prescribed time limit; if it refuses to make such corrections within

the prescribed time limit, the education administrative department or the labour

administrative department shall, according to their respective functions and

duties, impose a fine of not more than twofold of its false capital contribution

or of its capital contribution withdrawn.

Article 54 Anyone who forges, alters, buys or sells a permit for Chinese-foreign

cooperation in running a school shall be investigated for criminal liability

in accordance with the provisions of the criminal law on the crime of forging,

altering, buying or selling certificates of a State organ or other crimes.

Article 55 Where a Chinese-foreign cooperatively-run school adds items of fees

charged or raises the level of fees charged without approval, the education

administrative department or the labour administrative department shall,

according to their respective functions and duties, order it to return the fees

overcollected, and the pricing department shall punish it in accordance with

the provisions of the relevant laws and administrative regulations.

Article 56 Where a Chinese-foreign cooperatively-run school causes gross adverse

impacts due to its poor management or inferior educational and teaching quality,

the education administrative department or the labour administrative department

shall, according to their respective functions and duties, order it to make

rectification within a prescribed time limit and make an announcement; if the

circumstances are serious, or no rectification is made within the time limit,

or the requirements are not met after its rectification, the education

administrative department or the labour administrative department shall,

according to their respective functions and duties, order it to stop its

enrollment of students and revoke its permit for Chinese-foreign cooperation

in running the school.

Article 57 Where anyone, in violation of the provisions of these Regulations,

issues false enrollment brochures and swindles money or property, the education

administrative department or the labour administrative department shall,

according to their respective functions and duties, order it to make corrections

within a prescribed time limit and give a warning, confiscate its illegal gains,

if any, and may concurrently impose a fine of not more than 100,000 yuan after

fees collected have been refunded, and, if the circumstances are serious, order

it to stop enrollment of students and revoke its permit for Chinese-foreign

cooperation in running the school; if a crime is constituted, criminal liability

shall be investigated in accordance with the provisions of the criminal law on

the crime of swindle or other crimes.

Where a Chinese-foreign cooperatively-run school issues false enrollment

advertisements, it shall be investigated for legal liability in accordance with

the relevant provisions of the Advertisement Law of the People's Republic of

China.

Article 58 Where a Chinese-foreign cooperatively-run school has its permit for

Chinese-foreign cooperation in running the school revoked as an administrative

punishment, the chairperson of its board of trustees or its board of directors,

or its president or principal administrator shall be prohibited from taking

positions of the chairperson of the board of trustees or of the board of directors,

the president or principal administrator of any Chinese-foreign

cooperatively-run school within ten years starting from the date of revocation

of its permit for Chinese-foreign cooperation in running the school.

Those who violate the provisions of these Regulations and the criminal law and

are punished for criminal liability in accordance with law shall be prohibited

from engaging in activities of Chinese-foreign cooperation in running schools

within ten years starting from the date of completion of service of criminal

punishments.

Chapter VIII Supplementary Provisions

Article 59 Cooperation in running schools between educational institutions from

the Hong Kong Special Administrative Region, the Macao Special Administrative

Region or Taiwan and mainland educational institutions shall be handled with

reference to the provisions of these Regulations.

Article 60 Measures for administration of for-profit training institutions which

are cooperatively run by Chinese and foreign parties and registered at the

administrative department for industry and commerce shall be formulated

separately by the State Council.

Article 61 Specific measures for examination and approval and administration

of cooperatively-run educational projects for offering education for academic

qualifications, tutoring self-taught students for examinations, supplementary

teaching of school courses or pre-school education, etc., which provide

education mainly to Chinese citizens and are operated jointly by foreign

educational institutions and Chinese educational institutions within the

territory of China, shall be formulated by the education administrative

department of the State Council.

Specific measures for examination and approval and administration of

cooperatively-run educational projects for offering vocational skill training,

which provide education mainly to Chinese citizens and are operated jointly by

foreign educational institutions and Chinese educational institutions within

the territory of China, shall be formulated by the labour administrative

department of the State Council.

Article 62 No foreign educational institution, other organization or individual

may establish unilaterally schools or other educational institutions providing

education mainly to Chinese citizens within the territory of China.

Article 63 Chinese-foreign cooperatively-run schools established in accordance

with law before the implementation of these Regulations shall apply

retroactively for permits for Chinese-foreign cooperation in running schools

as required by these Regulations. Those that do not fully meet the requirements

prescribed by these Regulations shall, within two years starting from the date

of implementation of these Regulations, accomplish such requirements; for those

that fail to do so within the prescribed time limit, the examination and approval

authorities shall dissolve them.

Article 64 These Regulations shall be effective as of September 1, 2003.