Laws of the People's Republic of China

Ministry of Civil Affairs

Notice of the Ministry of Civil Affairs on the Issues concerning the Registration of Sino-foreign Cooperative Educational Institutions

Ministry of Civil Affairs

December 12, 2003

The departments (bureaus) of civil affairs of all provinces, autonomous regions and municipalities directly under the jurisdiction of the Central Government, the bureaus of civil affairs of the cities directly under state planning and the Bureau of Civil Affairs of Xinjiang Production and Construction Corps:

The Regulations of the People's Republic of China on Chinese-foreign Cooperative Education promulgated by the State Council (hereinafter referred to as the Regulations) have come into force on September 1 of this year. In order to regulate the administration on the registration of Sino-foreign cooperative educational institutions, we inform you of the relevant issues as follows:

I.

The Sino-foreign cooperative educational institutions that apply for being registered as private non-enterprise entities may, after obtaining the licenses of Sino-foreign cooperative education, be registered as private non-enterprise entities in the light with Article 20 of the Regulations and Article 12 of the Interim Regulations on the Administration of Registration of Private Non-enterprise Entities.

II.

The application for being registered as a private non-enterprise entity submitted by a Sino-foreign cooperative institution shall be handled by the department of civil affairs of the same level as the administrative department of education of the government and the administrative department of labor of the government that have issued the license of Sino-foreign cooperative education. If the license of Sino-foreign cooperative education is issued by the people's government of a province, autonomous region or municipality directly under the jurisdiction of the Central Government upon examination and approval, the application shall be handled by the department of civil affairs of the people's government of the province, autonomous region and municipality directly under the jurisdiction of the Central Government.

III.

In the case that a Sino-foreign cooperative institution applies for being registered as a private non-enterprise entity, the fund, the practicality, the intellectual property and other properties shall be regarded as non-state-owned assets. The share of non-state-owned capital and assets in the registered capital contributions shall not be less than two thirds of the total capital and assets.

IV.

A Sino-foreign cooperative education institution that applies for being registered as a private enterprise entity shall use the Private Non-enterprise Entity (juridical person) Registration Certificate. According to the Regulations, the Private Non-enterprise Entity (Partnership) Registration Certificate may be used for establishing Sino-foreign cooperative institutions without juridical person qualification.

V.

In the case that any educational institutions in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan cooperate with the educational institutions in the Mainland of China, the provisions mentioned above shall be referred to.

In view of the strict policy and difficulties of Sino-foreign cooperative education, the administration shall be strengthened practically in handling the applications for being registered as private non-enterprise entities filed by Sino-foreign cooperative educational institutions. Any new circumstance and problems occurring at the work shall be reported to the department of the administration of non-governmental organizations of the Ministry of Civil Affairs so as to be solved in time.