Regolamento della Repubblica popolare cinese sull'istruzione cooperativa cinese-straniera (inglese)

Publisher:张静Release time:2021-03-19Click:36

Regulations of the People's Republic of China on Chinese-foreign Cooperative Education

 

(Promulgated by Order No. 372 of the State Council on March 1, 2003; revised for the first time in accordance with the Decision of the State Council on Repealing and Amending Some Administrative Regulations promulgated by Order No. 638 of the State Council on July 18, 2013; and revised for the second time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019)

 

Chapter 1 General Provisions

 

Article 1 In order to regulate the activities of Chinese-foreign cooperative education activities, to strengthen foreign exchange and cooperation in education, and to promote the development of education undertakings, these Regulation 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 Vocational 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 Chinese-foreign cooperative education institutions), which mainly aim to enroll Chinese citizens, by foreign education institutions and Chinese education institutions (hereinafter referred to as Chinese-foreign cooperative educators) within China shall be governed by the present Regulations.

 

Article 3 Chinese-foreign cooperative education is a public undertaking, and is a part of Chinese education undertakings.

 The state applies the polices of opening wider to the outside world, regulating the education activities, administering according to law and promoting the development to Chinese-foreign cooperative education.

 The state encourages the Chinese-foreign cooperative education that introduces in high-quality foreign education resources. The state encourages Chinese-foreign cooperative education in the areas of higher education and vocational 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 Chinese-foreign cooperative educators and Chinese-foreign cooperative education institutions are under the protection of Chinese laws.

 Chinese-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 Chinese-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, and public interest.

 Chinese-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 Chinese-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.

 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education work within the scope of their duties and within their respective administrative areas.

 

Chapter 2 Establishment

 

Article 9 The party applying for establishment of a Chinese-foreign cooperative education institution shall be qualified as a legal person.

 

Article 10 Chinese-foreign cooperative educators may use fund, physical objects, 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 Chinese-foreign cooperative educators may not exceed one third of their respective investment. However, for the foreign educators 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 Chinese-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 Vocational 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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education institutions carrying out middle-level diploma education and self-taught 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 Chinese-foreign cooperative education institutions carrying out vocational 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 Chinese-foreign cooperative education institutions is divided into two steps, namely 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 Chinese-foreign cooperative education institution:

 

1) Application report, the contents of which shall include: names of the Chinese-foreign cooperative educators and the Chinese-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 Chinese-foreign cooperative educators.

 

Article 15 With respect to an application for preparatory establishment of a Chinese-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 Chinese-foreign cooperative education institution, it shall file the application for formal establishment within 3 years from the day of approval; and the Chinese-foreign cooperative educators 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 Chinese-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 Chinese-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 Chinese-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 establishment of a Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education institution obtains the license for Chinese-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 Chinese-foreign cooperative education institution qualified as a legal person shall set up the council or board of directors, and a Chinese-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 Chinese-foreign cooperative education assumes the council chairperson, board chairperson or director, the other party to the Chinese-foreign cooperative education shall assume the deputy council chairperson, deputy board chairperson or deputy director.

 The legal representative of a Chinese-foreign cooperative education institution qualified as a legal person shall be negotiated by the Chinese-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 Chinese-foreign cooperative education institution shall be composed of the representatives of the Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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.

 

Article 26 The president or major administrative principal retained by a Chinese-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 Chinese-foreign cooperative education institution shall manage the teachers and students according to law.

 The teachers and managerial personnel of foreign nationalities retained by a Chinese-foreign cooperative education institution shall have the bachelor's degree or higher, and the corresponding vocational certificate, and shall possess education and teaching experience of 2 years or more.

 The foreign cooperative educator shall select a certain number of teachers from its own education institution to teach in the Chinese-foreign cooperative education institution.

 

Article 28 A Chinese-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 staff of a Chinese-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 Chinese-foreign cooperative education institution shall observe the relevant provisions on employment of foreigners in China.

 

Chapter 4 Education and Teaching

 

Article 30 A Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative institutions shall be carried out in accordance with the relevant state provisions.

 

Article 33 The admission brochure and advertisements of a Chinese-foreign cooperative education institution shall be reported to the examination and approval department for record.

 A Chinese-foreign cooperative education institution shall publicize, on a regular basis, 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 Chinese-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 vocational training and have been appraised as qualified by vocational appraisal agencies approved by the government may be issued the corresponding state vocational qualification certificates.

 A Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education institutions, shall organize or entrust social intermediary organizations to evaluate the operation level and education quality of Chinese-foreign cooperative education institutions, and shall publicize the evaluation results.

 

Chapter 5 Assets and Finance

 

Article 36 A Chinese-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 Chinese-foreign cooperative education institution, the legal person property right to all of its assets shall be enjoyed by the Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education institution shall be used mainly in the education and teaching activities and to improve the education conditions.

 

Article 40 A Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-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 educator of a Chinese-foreign cooperative education institution shall be proposed by the cooperative educators, 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.

 A modification of the domicile or the legal representative of a Chinese-foreign cooperative education institution shall be subject to the confirmation of the approval authority, and the relevant modification formalities shall be handled. For a modification of the president or the chief administrative officer, the modification formalities shall be handled in a timely manner.

 

Article 44 Alteration of the name, level and type of a Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education;

 

3) The institution is unable to continue its operations due to insolvency.

 Upon termination, a Chinese-foreign cooperative education institution shall appropriately settle the students enrolled. The Chinese-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 Chinese-foreign cooperative education institution shall, upon termination, carry out financial liquidation pursuant to law. Where the Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education institution is terminated upon approval or is deprived off its license for Chinese-foreign cooperative education, it shall return its license for Chinese-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 Chinese-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 Chinese-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 Chinese-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 Chinese-foreign cooperative education without approval, or cheats for the license for Chinese-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 100,000 Yuan; where the criminal law is violated, the criminal responsibilities shall be prosecuted for pursuant to law.

 

Article 52 If any Chinese-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 100,000 Yuan; 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 Chinese-foreign cooperative educator makes feigned investment or diverts the investment after the Chinese-foreign cooperative education institution is established, the administrative departments of education and labor shall, according to the divisions of their functions, order the educator to correct within a prescribed time limit; if the educator 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 Chinese-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 Chinese-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 market regulatory department shall punish the violator in accordance with the relevant laws and administrative regulations.

 

Article 56 If a Chinese-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 Chinese-foreign cooperative education.

 

Article 57 If any Chinese-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 100,000 Yuan concurrently; where the circumstances are serious, the violator shall be ordered to stop enrollment and be deprived of its license for Chinese-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 Chinese-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 Chinese-foreign cooperative education institution is given the administrative sanction of revocation of its license for Chinese-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 Chinese-foreign cooperative education institution within 10 years from the day of revocation of the license for Chinese-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 Chinese-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, Macao Special Administrative Region and Taiwan area and the education institutions of the mainland of China.

 

Article 60 Measures for the administration of the for-profit Chinese-foreign cooperative training institutions registered with the market regulatory department 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 vocational 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 which mainly enroll Chinese citizens.

 

Article 63 The Chinese-foreign cooperative training institutions established prior to the implementation of the present Regulations shall make up the license for Chinese-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 come into force as of September 1, 2003.

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