Order of the State Council
No.372
The Regulations of the People's Republic of China on Sino-foreign Cooperative
Education, as adopted at the 68th Executive Meeting of the State Council
on February 19, 2003, are hereby promulgated and shall come into force
as of September 1, 2003.
March 1,2003
Chapter 1 General Provisions
Article 1 In order to regulate the activities of Sino-foreign cooperative
education activities, to strengthen foreign exchange and cooperation in
education, and to promote the development of education undertakings, these
Regulations are enacted in accordance with the Education Law of the People's
Republic of China, the Law of the People's Republic of China on Occupational
Education and the Law of the People's Republic of China on Promotion of
Privately-Run Education.
Article 2 The activities of launching education institutions (hereinafter
referred to Sino-foreign cooperative education institutions) mainly aiming
at enrolling Chinese citizens by foreign education institutions and Chinese
education institutions (hereinafter referred to as Sino-foreign cooperative
educators) within China shall be governed by the present Regulations.
Article 3 Sino-foreign cooperative education is a public undertaking,
and is a part of Chinese education undertakings.
The state adopts the policies of wider opening to the outside world, standard
education activities, administration by force of law and promotion of
the development for Sino-foreign cooperative education.
The state encourages the Sino-foreign cooperative education that introduces
high-quality foreign education resources. The state encourages Sino-foreign
cooperative education in the areas of higher education and occupational
education, and encourages Chinese higher education institutions to cooperate
with famous foreign higher education institutions in running schools.
Article 4 The legitimate rights and interests of Sino-foreign cooperative
educators and Sino-foreign cooperative education institutions are under
the protection of Chinese laws.
Sino-foreign cooperative education institutions are entitled to the preferential
policies of the state according to law, and shall carry out education
and teaching activities independently according to law.
Article 5 Sino-foreign cooperative education must be in conformity with
Chinese laws, implement Chinese education policies, comply with Chinese
public ethics, and may not impair the state sovereignty, security, or
public interest.
Sino-foreign cooperative education shall meet the needs of the development
of Chinese education undertakings, guarantee the education quality, and
commit to foster a variety of talents for the socialist construction cause
of China.
Article 6 Sino-foreign cooperative educators may cooperate to launch education
institutions at various levels. Nevertheless, they may not launch any
institution carrying out compulsory education, or education of special
natures, such as military, police and politics etc.
Article 7 Foreign religious organizations, religious institutions, religious
universities and colleges, and religious instructors may not engage in
cooperative education activities within China.
Sino-foreign cooperative education institutions may not engage in any
religious education or carry out any religious activities.
Article 8 The administrative department of education under the State Council
shall be in charge of the overall planning, comprehensive coordination
and macroscopic administration of Sino-foreign cooperative education work
of the whole nation. The administrative departments of education, labor
and other administrative departments under the State Council shall be
in charge of the relevant Sino-foreign cooperative education work within
the scope of duties as provided for by the State Council.
The administrative departments of education of the people's governments
of the provinces, autonomous regions, and municipalities directly under
the Central Government shall be in charge of the overall planning, comprehensive
coordination and macroscopic administration of Sino-foreign cooperative
education work within their respective administrative areas. The administrative
departments of education, labor and other administrative departments of
the people's governments of the provinces, autonomous regions, and municipalities
directly under the Central Government shall be in charge of the relevant
Sino-foreign cooperative education work within the scope of their duties
and within their respective administrative areas.
Chapter 2 Establishment
Article 9 The parties applying for establishment of a Sino-foreign cooperative
education institution shall be qualified as a legal person.
Article 10 Sino-foreign cooperative educators may use fund, property in
kind, land use rights, intellectual property rights and other properties
as investment for establishing the institutions.
The investment made in the form of intellectual property rights in the
Sino-foreign cooperative educators may not exceed one third of their respective
contribution to the investment. However, for the foreign education institutions
that are invited to China by the administrative departments of education,
labor under the State Council or by the people's governments of the provinces,
autonomous regions, and municipalities directly under the Central Government
for cooperative education, the investment of intellectual property right
of them may exceed one third of their total investment.
Article 11 A Sino-foreign cooperative education institution shall meet
the basic conditions set forth by the Education Law of the People's Republic
of China, the Law of the People's Republic of China on Occupational Education
and the Law of the People's Republic of China on Higher Education, and
shall be qualified as a legal person. However, for a Sino-foreign cooperative
education institution that is established by a foreign education institution
and a university or college of China, which carries out diploma education,
to carry out diploma education, it is not required to be qualified as
a legal person.
The establishment of a Sino-foreign cooperative education institution
shall be executed by reference with the state standards for establishing
education institutions of the same level and kind.
Article 12 Applications for establishing Sino-foreign cooperative education
institutions carrying out undergraduate diploma or higher education shall
be subject to the examination and approval by the State Council; applications
for establishing Sino-foreign cooperative education institutions carrying
out higher training education and non-diploma higher education shall be
subject to the examination and approval of the people's governments of
the provinces, autonomous regions, and municipalities directly under the
Central Government of the places where the institutions to be established
are located.
Applications for establishing Sino-foreign cooperative education institutions
carrying out middle-level diploma education and self-study examination
assistance education, continuation education and preschool education shall
be subject to the examination and approval of the administrative departments
of education under the people's governments of the provinces, autonomous
regions, and municipalities directly under the Central Government of the
places where the institutions to be established are located.
Applications for establishing Sino-foreign cooperative education institutions
carrying out occupational training shall be subject to the examination
and approval of the administrative department of labor under the people's
governments of the provinces, autonomous regions, and municipalities directly
under the Central Government of the places where the institutions to be
established are located.
Article 13 Establishment of Sino-foreign cooperative education institutions
is divided into two steps, i.e., the preparatory establishment and the
formal establishment.
However, those meeting the conditions for running education institutions
and the standards for establishment may directly apply for formal establishment.
Article 14 The following documents shall be submitted for the application
for establishing a Sino-foreign cooperative education institution:
1) Application report, the contents of which shall include: names of the
Sino-Foreign cooperative education institutions and the Sino-Foreign cooperative
education institution to be established, objective of education, education
scale, level, form and conditions, internal management system, fund raising
and the management and use of fund etc;
2) Cooperation agreement, the content of which shall include: cooperation
duration, and methods for settlement of disputes etc;
3) Assets source, the amount of fund, and the valid certificates, all
of which shall indicate the ownership;
4) The donation agreement shall be submitted for the donated assets of
the institutions, indicating the name of the donator, amount, purpose
of use and management measures of the donated assets, as well as the relevant
valid certifications;
5) Evidence for fulfillment of the initiation fund of no less than 15%
of the investment of the Sino-Foreign cooperative education institutions.
Article 15 With respect to an application for preparatory establishment
of a Sino-foreign cooperative education institution, the examination and
approval department shall, within 45 workdays from the day of accepting
the application, make the decision whether to approve or not. If approval
is granted, a letter of approval for preparation of establishment shall
be issued to the applicant; if not, the reasons shall be explained in
written form.
Article 16 Where an applicant gets the approval to prepare the establishment
of Sino-foreign cooperative education institution, it shall file the application
for formal establishment within 3 years from the day of approval; and
the Sino-Foreign cooperative education institutions shall file a new application
upon expiration of the period of 3 years.
No student may be enrolled within the period of preparatory establishment.
Article 17 The following documents shall be submitted where a party applies
for formal establishment upon completing the preparations for establishment:
1) Application form for formal establishment;
2) Letter of approval for preparatory establishment;
3) Report on preparation for the establishment;
4) Articles of association of the Sino-Foreign cooperative education institution,
name list of the members of the first council, board of directors or joint
administrative committee;
5) Valid certifications of the assets of the Sino-Foreign cooperative
education institution;
6) Qualification certificates of the president or the major administrative
principal, and of the teachers and financial personnel.
In case of direct application for establishment of a Sino-Foreign cooperative
education institution, the documents specified in Items 1), 4), 5), 6)
of the preceding paragraph, and in Items 2), 3) and 4) of Article 14 shall
be submitted.
Article 18 With respect to an application for formal establishment of
a Sino-foreign cooperative education institution carrying out non-diploma
education, the examination and approval department shall make the decision
to approve or not within 3 months from the day of accepting the application;
with respect to an application for formal establishment of a Sino-foreign
cooperative education institution carrying out diploma education, the
examination and approval department shall make the decision whether to
approve or not within 6 months from the day of accepting the application.
If approval is granted, a license for Sino-foreign cooperative education
that is uniformly formatted and numbered shall be issued to the applicant;
if approval is not granted, the reasons shall be explained in written
form.
The format of the license for Sino-foreign cooperative education shall
be formulated by the administrative department of education under the
State Council, and the printing of the licenses shall be organized by
the administrative departments of education and labor under the State
Council respectively according to the division of their functions. The
license for Sino-Foreign cooperative education shall be uniformly numbered
by the administrative department of education under the State Council,
the specific measures for which shall be set forth by the administrative
department of education under the State Council in conjunction with the
administrative department of labor under the State Council.
Article 19 With respect to an application for formal establishment of
a Sino-foreign cooperative education institution carrying out diploma
education, the examination and approval department shall, after accepting
the application, organize an expert committee, which shall give advisory
opinions, to review the application.
Article 20 Where a Sino-foreign cooperative education institution obtains
the license for Sino-foreign cooperative education, it shall make the
registration pursuant to the relevant laws and administrative regulations,
and the registration department shall handle the case in a timely manner
pursuant to the relevant provisions.
Chapter 3 Organization and Administration
Article 21 A Sino-foreign cooperative education institution qualified
as a legal person shall set up the council or board of directors, and
a Sino-foreign cooperative education institution not qualified as a legal
person shall set up the joint administrative committee. The Chinese members
in the council, board or joint administrative committee may not be less
than half of the total number.
The council, board or joint administrative committee shall be composed
of 5 persons or more, and shall have 1 council chairperson and 1 deputy
council chairperson; 1 board chairperson and 1 deputy board chairperson,
or 1 director and 1 deputy director. Where either party to the Sino-Foreign
cooperative education assumes the council chairperson, board chairperson
or director, the other party to the Sino-Foreign cooperative education
shall assume the deputy council chairperson, deputy board chairperson
or deputy director.
The legal representative of a Sino-foreign cooperative education institution
qualified as a legal person shall be consulted by the Sino-foreign cooperative
educators, and be determined from the council chairperson, board chairperson
or the president.
Article 22 The council, board or joint administrative committee of a Sino-foreign
cooperative education institution shall be composed of the representatives
of the Sino-foreign cooperative educators, the president or the major
administrative principal, and the representatives of the teaching staff,
among whom, more than one third of the members shall have education or
teaching experience of 5 years or more. The name list of the members of
the council, board or joint administrative committee of a Sino-foreign
cooperative education institution shall be submitted to the examination
and approval department for approval.
Article 23 The council, board or joint administrative committee of a Sino-foreign
cooperative education institution exercises the following authorities:
1) Reelecting or by-electing members of the council, board or joint administrative
committee;
2) Retaining or dismissing the president or major administrative principal;
3) Modifying the articles of association and formulating the systems and
rules;
4) Drawing up the development planning and approving the annual work plan;
5) Raising education fund, and auditing the budgets and final accounts;
6) Determining the number and salary standards of the teaching staff;
7) Deciding the splitting, merger or termination of the Sino-foreign cooperative
education institution;
8) Other authorities provided for by the articles of association.
Article 24 The council, board or joint administrative committee of a Sino-foreign
cooperative education institution shall hold at least one meeting each
year. And at proposal by more than one third of the members, a temporary
meeting of the council, board or joint administrative committee may be
held.
The following major matters discussed by the council, board or joint administrative
committee of a Sino-foreign cooperative education institution may be adopted
only with the consent of more than two thirds of the members:
1) Retaining or dismissing the president or major administrative principal;
2) Modifying the articles of association;
3) Formulating the development planning;
4) Deciding the splitting, merger or termination of the Sino-foreign cooperative
education institution;
5) Other major matters provided for by the articles of association.
Article 25 The president or major administrative principal of a Sino-foreign
cooperative education institution shall be of Chinese nationality, reside
within China, love this nation, have good conduct and ethics, possess
education and teaching experience and the corresponding professional level.
The president or major administrative principal retained by a Sino-Foreign
cooperative education institution shall be subject to ratification by
the examination and approval department.
Article 26 The president or major administrative principal retained by
a Sino-foreign cooperative education institution exercises the following
authorities:
1) Executing the decisions of the council, board or joint administrative
committee;
2) Implementing the development planning, drafting the annual work plan,
financial budget, and the systems and rules;
3) Retaining and dismissing staff members, and being in charge of the
award and punishment;
4) Organizing the education, teaching and scientific research activities,
and guaranteeing the education and teaching quality;
5) Taking care of the daily administration work;
6) Other authorities provided for by the articles of association.
Article 27 A Sino-foreign cooperative education institution shall manage
the teachers and students according to law.
The teachers and managerial personnel of foreign nationalities retained
by a Sino-foreign cooperative education institution shall have the bachelor's
degree or higher, and the corresponding occupational certificate, and
shall possess education and teaching experience of no less than 2 years.
The foreign cooperative educators shall select a certain number of teachers
from its own education institution to teach in the Sino-foreign cooperative
education institution.
Article 28 A Sino-foreign cooperative education institution shall safeguard
the legitimate rights and interests of the teachers and students, guarantee
the salary and welfare benefits of the teaching staff, and pay the social
insurance for the teaching staff according to law.
The teaching faculties of a Sino-foreign cooperative education institution
may form a trade union or other body according to law, and participate
in the democratic administration of the institution through teaching staff
representative assembly or other forms.
Article 29 The foreign personnel of a Sino-foreign cooperative education
institution shall observe the relevant provisions on employment of foreigners
in China.
Chapter 4 Education and Teaching
Article 30 A Sino-foreign cooperative education institution shall offer
such courses as constitution, law, civic virtues and national conditions
etc pursuant to the requirements of the state on the education institutions
of the same level and kind.
The state encourages Sino-foreign cooperative education institutions to
introduce in the courses and teaching materials that are badly needed
in China and are of advanced level in the world.
A Sino-foreign cooperative education institution shall report to the examination
and approval department for recording the courses offered and the teaching
materials introduced.
Article 31 A Sino-foreign cooperative education institution may, according
to the needs, use foreign languages in the teaching, however, it shall
use mandarin and formative Chinese characters as the basic teaching language.
Article 32 Enrollment of Sino-foreign cooperative education institutions
that carry out higher diploma education shall be included in the enrollment
plan of higher education institutions of the state. Enrollment of Sino-foreign
cooperative education institutions carrying out other diploma education
shall conform to the provisions of the administrative departments of education
of the people's governments of the provinces, autonomous regions, and
municipalities directly under the Central Government. Enrollment of overseas
students by Sino-foreign cooperative institutions shall be carried out
in accordance with the relevant state provisions.
Article 33 The admission brochure and advertisements of a Sino-foreign
cooperative education institution shall be reported to the examination
and approval department for record.
A Sino-foreign cooperative education institution shall regularly publish
the type and level of education, the setup of majors, the contents of
courses, the scale of enrollment, and other relevant information.
Article 34 A Sino-foreign cooperative education institution carrying out
diploma education shall issue diploma certificates or other educational
certificates pursuant to the relevant provisions of the state. The students
who have received occupational training and have been appraised as qualified
by occupational appraisal agencies approved by the government may be issued
the corresponding state occupational qualification certificates.
A Sino-foreign cooperative education institution carrying out higher diploma
education may issue corresponding Chinese degree certificates pursuant
to the relevant provisions of the state.
The diploma and degree certificates of foreign education institution issued
by a Sino-foreign cooperative education institution shall be the same
as those issued in the country of that foreign institution, and shall
be acknowledged by that country.
China's acknowledgment of the diploma and degree certificates of foreign
education institution issued by a Sino-foreign cooperative education institution
shall be in line with the international treaties concluded or entered
into by the People's Republic of China, or be in line with the relevant
provisions of the state.
Article 35 The administrative department of education under the State
Council or the administrative departments of education, labor and other
administrative departments of the people's governments of the provinces,
autonomous regions, and municipalities directly under the Central Government
shall strengthen the daily supervision over Sino-foreign cooperative education
institutions, shall organize or entrust social intermediary organizations
to evaluate the operation level and education quality of Sino-foreign
cooperative education institutions, and shall publish the evaluation results.
Chapter 5 Assets and Finance
Article 36 A Sino-foreign cooperative education institution shall establish
and perfect the financial and accounting system and the assets management
system pursuant to law, and shall set up account books pursuant to the
relevant provisions of the state.
Article 37 During the existence of a Sino-foreign cooperative education
institution, the legal person property right to all of its assets shall
be enjoyed by the Sino-foreign cooperative education institution according
to law, and no organization or individual may infringe upon those assets.
Article 38 The charging items and standards of a Sino-Foreign cooperative
education institution shall be fixed and publicized pursuant to the relevant
government pricing provisions of the state; without approval, no items
may be added, neither may the standards be raised. The Sino-foreign cooperative
education institution shall calculate and collect the tuitions and other
charges in RMB, not in foreign exchange.
Article 39 The charges collected by a Sino-foreign cooperative education
institution shall be used mainly in the education and teaching activities
and to improve the education conditions.
Article 40 A Sino-foreign cooperative education institution shall observe
the provisions of the state on foreign exchange control in the activities
of income and expense of foreign exchange, and in the opening and use
of the foreign exchange account.
Article 41 A Sino-foreign cooperative education institution shall make
the financial accounting report at the end of each fiscal year, entrust
a social auditing agency to audit that report, publicize the auditing
result, and put on record with the examination and approval department.
Chapter 6 Alteration and Termination
Article 42 The splitting or merger of a Sino-foreign cooperative education
institution shall, after financial liquidation, be submitted by the council,
board or joint administrative committee of that institution to the examination
and approval department for approval.
With respect to an application for splitting or merger of a Sino-foreign
cooperative education institution carrying out non-diploma education,
the examination and approval department shall make a written reply within
3 months from the day of accepting the application; with respect to an
application for splitting or merger of a Sino-foreign cooperative education
institution carrying out diploma education, the examination and approval
department shall make a written reply within 6 months from the day of
accepting the application.
Article 43 Alteration of any cooperative education institution of a Sino-foreign
cooperative educators shall be proposed by the cooperative education institutions,
and after the financial liquidation and with consent of the council, board
or joint administrative committee, be submitted to the examination and
approval department for ratification, and the relevant alteration formalities
shall be processed.
Alteration of the domicile, legal representative, president or major administrative
principal of a Sino-Foreign cooperative education institution shall be
subject to the ratification of the examination and approval department,
and shall go through the relevant alteration formalities.
Article 44 Alteration of the name, level and type of a Sino-foreign cooperative
education institution shall be submitted by the council, board or joint
administrative committee of that institution to the examination and approval
department for approval.
With respect to an application for conversion to a Sino-foreign cooperative
education institution carrying out non-diploma education, the examination
and approval department shall make a written reply within 3 months from
the day of accepting the application; with respect to application for
conversion to a Sino-Foreign cooperative education institution carrying
out diploma education, the examination and approval department shall make
a written reply within 6 months from the day of accepting the application.
Article 45 A Sino-foreign cooperative education institution shall be terminated
in any of the following situations:
1) The institution shall be terminated in accordance with the articles
of association and upon approval of the examination and approval department;
2) The institutions is deprived of its license for Sino-Foreign cooperative
education;
3) The institution is unable to continue its operations due to insolvency.
Upon termination, a Sino-foreign cooperative education institution shall
appropriately settle the students enrolled. The Sino-foreign cooperative
education institution shall present the scheme on appropriate settlement
of its enrolled students at the same time as it filed the application
for termination.
Article 46 A Sino-foreign cooperative education institution shall, upon
termination, carry out financial liquidation pursuant to law. Where the
Sino-foreign cooperative education institution requires for terminating
itself, it shall organize the liquidation; where the institution is canceled
by the examination and approval department pursuant to law, the department
shall organize the liquidation; where the institution is terminated for
inability to continue the operation due to insolvency, it shall request
the people's court to organize the liquidation pursuant to law.
Article 47 A Sino-foreign cooperative education institution shall pay
off its debts in the following order in liquidation:
1) Tuitions and other charges that shall be refunded to the students;
2) Salaries that shall be paid to the teaching staff, and the social insurance
premiums that shall be paid;
3) Other debts that shall be paid off.
The remaining property of the Sino-foreign cooperative education institution
after the aforesaid debts are paid off shall be disposed of in accordance
with the relevant laws and administrative regulations.
Article 48 Where a Sino-foreign cooperative education institution is terminated
upon approval or is deprived off its license for Sino-foreign cooperative
education, it shall return its license for Sino-Foreign cooperative education
and the stamp to the examination and approval department, and nullify
the registration pursuant to law.
Chapter 7 Legal Responsibilities
Article 49 Where the examination and department of Sino-foreign cooperative
education or any of its functionaries takes advantage of the post to accept
property or get other benefits from others, abuse the powers or neglect
the duties, issue the license for Sino-foreign cooperative education to
those not in conformity with the present Regulations, or fail to investigate
and punish the illegal acts found out, and thus cause serious consequences
and violate the criminal law, the directly responsible personnel in charge
and other directly responsible personnel shall be prosecuted for criminal
responsibilities pursuant to the provisions of the criminal law on the
crime of accepting bribes, the crime of abusing powers, the crime of neglecting
duties or other crimes; administrative sanctions shall be given to those
whose circumstances are not serious enough for criminal punishment.
Article 50 If any department, in violation of the present Regulations,
examines and approves Sino-Foreign cooperative education institutions
beyond the limit of its authorities, the approval documents issued by
it shall be invalidated and it shall be ordered to correct the act by
the department at a higher level; administrative sanctions shall be given
to the directly responsible personnel in charge and other directly responsible
personnel; if serious losses are caused to public property, and to the
interest of the state and people, the offenders shall be subject to criminal
liabilities in accordance with the provisions of the criminal law on the
crime of abusing powers or other crimes.
Article 51 If any one, in violation of the present Regulations, establishes
any Sino-foreign cooperative education without approval, or cheats for
the license for Sino-foreign cooperative education by wrongful means,
the administrative departments of education and labor shall, according
to the divisions of their functions, ban the violator, or do so in conjunction
with the public security department, order the violator to return the
collected charges to the students, and impose on it a fine of less than
RMB100,000; where the criminal law is violated, the criminal responsibilities
shall be prosecuted for pursuant to law.
Article 52 If any Sino-Foreign cooperative education institution, in violation
of the present Regulations, enrolls students during the period of preparatory
establishment, the administrative departments of education and labor shall,
according to the divisions of their functions, order the violator to stop
the enrollment and to return the collected charges to the students, and
impose on it a fine of less than RMB100,000; where the circumstances are
serious and the violator refuses to stop the enrollment, the examination
and approval department shall cancel the letter of approval for preparatory
establishment.
Article 53 If any Sino-foreign cooperative education institution makes
feigned investment or diverts the investment after the Sino-foreign cooperative
education institution is established, the administrative departments of
education and labor shall, according to the divisions of their functions,
order the education institution to correct within a prescribed time limit;
if the education institution fails to do so, the administrative departments
of education and labor shall, according to the divisions of their functions,
impose on him/her a fine of less than 2 times the amount of investment
feigned or diverted.
Article 54 If any one forges, alters or trades the license for Sino-foreign
cooperative education, he shall be subject to criminal liabilities in
accordance with the provisions of the criminal law on the crime of forging,
altering or trading certificates of state departments or other crimes.
Article 55 If a Sino-foreign cooperative education institution adds any
charging items or raising the charging standards without approval, the
administrative departments of education and labor shall, according to
the divisions of their functions, order it to return the charges additionally
collected, and the price authorities shall punish the violator in accordance
with the relevant laws and administrative regulations.
Article 56 If a Sino-foreign cooperative education institution is in poor
management, offers low-quality education and teaching, and thus causes
bad influences, the administrative departments of education and labor
shall, according to the divisions of their functions, order it to rectify
within a prescribed time limit and shall make a proclamation; if the circumstances
are serious, the violator refuses to rectify or fails to meet the requirements
after the rectification, the administrative departments of education and
labor shall, according to the divisions of their functions, order it to
stop enrollment and revoke its license for Sino-foreign cooperative education.
Article 57 If any Sino-foreign cooperative education institution, in violation
of the present Regulations, issues falsified admission brochures and cheats
for money and property, the administrative departments of education and
labor shall, according to the divisions of their functions, order it to
correct within a prescribed time limit and give it a warning. If there
are any illegal gains, such gains shall be confiscated after the collected
charges are returned, and the violator may be imposed on a fine of less
than RMB100,000 concurrently; where the circumstances are serious, the
violator shall be ordered to stop enrollment and be deprived of its license
for Sino-foreign cooperative education; where a crime is constituted,
the offenders shall be subject to criminal liabilities in accordance with
the provisions of the criminal law on the crime of swindling or other
crimes. If the Sino-foreign cooperative education institution issues falsified
admission advertisement, it shall be investigated for legal responsibilities
in accordance with the relevant provisions of the Advertisement Law of
the People's Republic of China.
Article 58 Where a Sino-foreign cooperative education institution is given
the administrative sanction of revocation of its license for Sino-foreign
cooperative education, its council chairperson or board chairperson, and
the president or major administrative principal may not assume as the
council chairperson or board chairperson, president or major administrative
principal of any Sino-foreign cooperative education institution within
10 years from the day of revocation of the license for Sino-foreign cooperative
education.
If any one has been prosecuted for criminal responsibilities for violation
of the present Regulations and the criminal law, he/she may not engage
in any Sino-foreign cooperative education activities within 10 years from
the day of expiration of the criminal punishment.
Chapter 8 Supplementary Provisions
Article 59 The present Regulations shall be applicable by reference to
the cooperative education conducted by the education institutions from
Hong Kong and Macao Special Administrative Regions and Taiwan Area and
the education institutions of mainland China.
Article 60 Measures for the administration of the for-profit Sino-foreign
cooperative training institutions registered with the departments of industry
and commerce administration shall be separately formulated by the State
Council.
Article 61 The specific measures for examination and approval, and for
the administration of the cooperative education projects that are launched
by foreign education institutions and Chinese education institutions within
China and that aim mainly to enroll Chinese citizens and carry out diploma
education, and self-taught examination assistance education, continuation
education and preschool education etc, shall be formulated by the administrative
department of education under the State Council.
The specific measures for examination and approval, and for the administration
of the cooperative education projects that are launched by foreign education
institutions and Chinese education institutions within China and that
aim mainly to enroll Chinese citizens and carry out occupational training,
shall be formulated by the administrative department of labor under the
State Council.
Article 62 Foreign education institutions, other organizations or individuals
may not by themselves establish any school or other education institution
within China mainly enrolling Chinese citizens.
Article 63 The Sino-foreign cooperative training institutions established
prior to the implementation of the present Regulations shall make up the
license for Sino-foreign cooperative training provided for by the present
Regulations. Among which, those that don't possess all the conditions
specified in the present Regulations shall meet those conditions within
2 years from the day of implementation of the present Regulations; those
failing to meet the requirements of the present Regulations within the
prescribed time limit shall be canceled by the examination and approval
departments.
Article 64 The present Regulations shall enter into force as of September
1, 2003.
Promulgated by The State Council on 2003-3-1