Laws of the People's Republic of China

The State Education Commission

Interim Measures for the Administration of Examinations for Educational Purposes Held Jointly by Chinese and Foreign Institutions

the State Education Commission

May 10, 1996

Article 1

These Measures are formulated for the purpose of standardizing and strengthening administration of examinations for educational purposes held jointly by Chinese and foreign institutions in accordance with Article 20 of the "Education Law of the People's Republic of China".

Article 2

"Examinations for educational purposes held jointly by China and foreign institutions" referred to in these Measures are examinations which are open to society for purposes other than academic credentials and which are held jointly by foreign institutions outside the territory of China and Chinese institutions within the territory of China.

Article 3

Institutions outside the territory of China may not hold examinations for educational purposes by themselves within the territory of China.

Article 4

Examinations jointly held shall fit in with the needs of China. The contents and practices of these examinations shall tally with Chinese laws, statutes, and regulations. Such examinations may not be profit-oriented.

Article 5

The State Education Commission shall be in charge of examinations for educational purposes held jointly by Chinese and foreign institutions, and authorize the Examination Centre of the State Education Commission to take charge of routine business.

Article 6

The following conditions shall be satisfied if such an examination is to be held:

(1)

The Chinese side involved in the examination shall have to be an institution for examination at the provincial level;

(2)

The foreign side involved in the examination shall have to be an institution which has the qualifications for examinations for educational purposes and has the status of a legal person;

(3)

Items of and regulations for the examination shall have to be clearly specified;

(4)

Both the sides involved in the examination shall have their own locations, names, and organizational set-ups; and

(5)

The necessary conditions for holding the examination shall have to be satisfied.

Article 7

The institutions which are given the permission to hold jointly examinations for educational purposes shall independently assume civil liability.

Article 8

Chinese institutions of examinations for educational purposes at the provincial level shall, as a rule, hold such examinations only within its own province, autonomous region, or municipality directly under the Central Government. Such institutions at the provincial level shall be examined and verified by the administrative department of education of its province, autonomous region, or the municipality directly under the Central Government, and then examined and approved by the State Education Commission.

Article 9

To hold jointly an examination for educational purposes, the Chinese side shall go through the formalities of report and application. The applicant shall submit the following documents:

(1)

a written application, and the articles of association for holding such an examination;

(2)

the certificate showing the legal status of the foreign institution;

(3)

the feasibility report for the examination;

(4)

The certificate showing the validity of the examination;

(5)

specifications of the personnel for the examination affairs and of examination facilities;

(6)

sources of funds for the examination and the responsibilities and obligations shouldered by each side; and

(7)

the agreement for jointly holding such an examination and other relevant documents required by the authorities for examination and approval.

Article 10

Examination institutions shall decide to offer such examinations in their respective regions according to the actual needs. They shall submit their plan for offering such examinations to the administrative department of education in their province, autonomous region, or municipality directly under the Central Government for approval, and then submit it to the State Education Commission for record.

Article 11

Examination institutions for holding such examinations may issue certificates of a non-academic-credential nature to those examinees who have passed the examinations. The validity of such certificates outside the territory of China shall be determined in accordance with pertinent international treaties and agreements between governments, or confirmed through the relevant legal documents provided by the foreign examination institution.

No foreign institutions may confer certificates on examinees without the approval of the Administrative Department of Education of the State Council.

Article 12

Chinese examination institutions involved in such examinations may employ directors of the examination sites, chief examiners, and some personnel who take care of routine examination affairs. It may also employ deputy chief examiners and proctors who supervise examinations according to the arrangement of examination rooms and the number of examinees for each examination.

The qualifications and responsibilities of examination staff shall be decided with reference to the relevant regulations for the personnel involved in similar examinations in China.

Article 13

For approved projects for jointly holding examinations, examination procedures shall be made and implemented during the examinations.

Article 14

Examination papers and answer sheets are confidential. Their delivery, reception, confidentiality, and destruction shall be carried out strictly in conformity with the relevant regulations of the Chinese Government.

Article 15

At each examination site, fair competition shall be ensured and violation of the examination discipline and cheating on examinations guarded against. The staff of the examination sites shall be conscientious and responsible, observe strictly the discipline, and maintain secrecy. If there should be a leakage of examination questions, effective measures shall be taken immediately to prevent further spreading. The leakage shall be reported promptly to the administrative department of education of the province, autonomous region, or municipality directly under the Central Government, or to the State Education Commission, whichever is responsible for the examination site where the leakage has occurred .

Article 16

Each examination site may not hold training classes related to the examination.

Article 17

Each examination site shall collect an examination fee in accordance with pertinent regulations (not including projects which have received financial assistance and offer free examinations), and may not collect other fees on any pretence.

Article 18

Examination institutions shall have the responsibility of directing, supervising, and administrating their examination sites. Specific matters concerning the supervision and administration of examination affairs shall be handled with reference to the relevant items of regulations on the administration of examination affairs of the same type in China. An examination site shall, according to the actual situation, face such punishments as circulating a notice of criticism, warning, requirement for rectification within a time limit, suspension of the examination, or cancellation of the examination site should one of the following circumstances occur:

(1)

leakage of examination questions or allowing it to spread without doing anything to check it;

(2)

serious violation of the procedure for the examination;

(3)

encouraging or shielding acts of cheating by examinees;

(4)

collecting fees illegally in the name of the examination; and

(5)

other acts of breach of discipline.

The cancellation of an examination site shall have to be approved by the administrative department of education of the province, autonomous region, or municipality directly under the Central Government, and submitted to the State Education Commission for record. Illicit gains by such examination sites shall be handled according to the relevant regulations of the Government.

Article 19

Institutions jointly holding such examinations shall submit annual work report to the administrative department of education of the province, autonomous region, or municipality directly under the Central Government, and receive its guidance and supervision.

Article 20

Institutions jointly holding such examinations may, with the approval of the administrative department of education of the province, autonomous region, or municipality directly under the Central Government after its examination and verification, apply to the State Education Commission for termination of examinations should one of the following circumstances occur:

(1)

failure to fulfill the expected goals;

(2)

shortage of examinees, and lack of funds to manage the routine operation; and

(3)

failure by one side to undertake the promised responsibilities and duties.

Article 21

Institutions jointly holding examinations may, according to the seriousness of the case, face punishments by the State Education Commission and the administrative department of education of the province, autonomous region, or municipality directly under the Central Government, such as circulating a notice of criticism, warning, requirement for rectification within a time limit, suspension of the examination, or cancellation of the examination site should one of the following circumstances occur:

(1)

jointly holding examinations for educational purposes or setting up examination sites in China without approval or without going through the procedure of filing for record;

(2)

applying for holding examinations by fraud and deception;

(3)

making illicit profit on the false pretences of jointly holding examinations for educational purposes;

(4)

violating seriously examination procedures during the examination; and

(5)

violating other laws, statutes, and regulations of China.

Article 22

If the person concerned is not satisfied with the decision on administrative punishment formulated in these Measures, he may apply for administrative reconsideration or take administrative proceedings according to law.

Article 23

These Measures shall enter into force as of the date of promulgation.