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Procedures of Shanghai Municipality on the Administration of Non-Governmental Schools
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| (Issued originally by Decree No. 61 of the Shanghai Municipal People' s Government on April 19, 1994 and reissued after amendment
in accordance with Decree No. 53 of the Shanghai Municipal People' s Government on December 14, 1997) Chapter I General Provisions Article 1 With a view to promoting the wholesome development of non-governmental schools and protecting their legitimate rights and interests, these Procedures are formulated in accordance with the relevant provisions of the State and with full consideration given to the actual circumstances of this Municipality. Article 2 The non-governmental schools so designated in these Procedures refer to non-profit educational institutions established to provide formal schooling by enterprises or institutions, mass organizations and private citizens with funds raised by themselves. Article 3 These Procedures are applicable to all the non-governmental schools in this Municipality except for educational institutions established by state-owned enterprises or institutions and basic-level rural autonomous groups to provide formal schooling for the children of their own staff members and except for non-governmental schools established in this Municipality by organizations and private persons from outside China proper. Article 4 The municipal administrative department in charge of education of Shanghai is the competent administrative department of non-governmental schools in this Municipality and is responsible for exercising overall control over non-governmental schools in this Municipality; amongst these, non-governmental schools for training skilled workers are placed under the overall control of the Shanghai Municipal Labor Bureau. The administrative department in charge of education in a district and county is responsible for exercising control over the non-governmental schools located in the district or county and is subject to guidance and supervision by the municipal administrative department in charge of education. Article 5 Non-governmental schools shall see to the provision of their own funds. The people' s government and the administrative department in charge of education or labor at different levels may, according to actual circumstances, give some necessary financial aid. Article 6 Non-governmental schools must abide by the relevant provisions of laws and rules and regulations, carry out the educational policy of the State, and meet the basic requirements for quality in educational. Article 7 Non-governmental schools shall subject themselves to the administrative control, inspection and supervision by administrative departments in charge of education and/or the Municipal Labor Bureau. Chapter II The Establishment of Non-Governmental Schools Article 8 In establishing a non-governmental school, the following conditions must be met: 1. Having appointed a principal (president) who has expertise in a certain field, is familiar with pedagogic work and knows well school management; 2. Having well-defined educational aims, training objectives, plans for running the school and plans for teaching work; 3. Having a full-time and part-time teaching staff that are appointed according to the nature, level and size of the school, that have the educational qualifications required by State regulations and that are competent for teaching work; 4. Having a campus and facilities for teaching that can meet the requirements of the municipal administrative department in charge of education and/or of the Municipal Labor Bureau; 5. Having drawn up a school constitution; 6. Having drawn up rules and regulations for running the school and for teaching work; and 7. Having the necessary funds for starting the school and having financial resources that can ensure the normal conduct of day-to-day teaching. Article 9 A non-governmental school that is established with approval must have a name that clearly denotes its nature and level. Article 10 Application for examination and approval for the establishment of non-governmental schools shall be made in accordance with the following provisions: 1. The applicant for the establishment of an ordinary primary school, a junior middle school, a six-year secondary school or a senior high school shall submit its application to the administrative department in charge of education of the district or county in which the school is located; the administrative department in charge of education of the district or county concerned shall, within 30 days after receipt of the application, make its decision with regard to the application for the decision on the application for examination and approval, report the decision to the municipal administrative department in charge of education for the record. In the case of applying for the establishment of an ordinary primary school, a junior school that enrolls students in other districts or counties in addition to the local one, the applicant shall submit its application to the administrative department in charge of education of the district or county in which the school is located; the administrative department in charge of education of the district or county concerned shall, within 30 days after receipt of the application, make a decision after conducting a preliminary examination and, in case the decision is favorable, shall report the application to the municipal administrative department in charge of education for examination and approval; the municipal administrative department in charge of education shall, within 30 days after receipt of the application, make a decision with regard to the application for examination and approval. 2. The applicant for the establishment of a vocational school shall submit its application to the municipal administrative department in charge of education; the municipal administrative department in charge of education shall, within 30 days after receipt of the application, make a decision with regard to the application for examination and approval. 3. The applicant for the establishment of a secondary specialized school shall submit its application to the municipal administrative department in charge of education; the municipal administrative department in charge of education shall, within 30 days after receipt of the application, make a decision with regard to the application for examination and approval. 4. The applicant for the establishment of a school for training skilled workers shall make its application to the Municipal Labor Bureau; the Municipal Labor Bureau shall, within 30 days after receipt of the application, make a decision with regard to the application for examination and approval. 5. The applicant for the establishment of a higher education institution shall submit its application to the municipal administrative department in charge of education; the municipal administrative department in charge of education shall£¬ after receipt of the application, organize examination and appraisal by the Reviewing Committee for the Establishment of Higher Education Institutions of Shanghai Municipality£»and if it can pass the examination and appraisal, the application shall be submitted by the municipal administrative department in charge of education to the Municipal People' s Government£»the Municipal People' s Government shall give approval to a qualified applicant to begin preparatory work for the establishment and when the preparatory work is completed and formal establishment due, the Municipal People' s Government shall submit the case to the administrative department in charge of education under the State Council for examination and approval. Article 11 A non-governmental school can be established only after approval is given by an administrative department in charge of education or the Municipal Labor Bureau after conducting examination in accordance with these Procedures. Chapter III Administration of Non-Governmental Schools Article 12 A non-governmental school may set up a board of directors. For a non-governmental school that has a board of directors shall be the legal representative of the school; for a non-governmental school without a board of directors, the principal (president) shall be the legal representative. Article 13 The board of directors shall exercise the following duties and powers: 1. Electing and recalling the chairman of the board; 2. Appointing and discharging the principal (president) of the school; 3. Drawing up plans for school development; 4. Making decisions on plans for the raising of school funds and verifying the school' s budget and final accounts; 5. Making decisions on the size of the school' s teaching and administrative staff and the pay scale; 6. Managing the school funds and assets; 7. Making decisions on acceptance of donations and contributions; and 8. Revising the school constitution. Article 14 The appointment of the board directors of a non-governmental school shall be reported to the administrative department concerned or the Municipal Labor Bureau for record. Article 15 The qualifications for eligibility as the principal (president) of a non-governmental school shall be decided by reference to the qualifications for eligibility as the principal (president) of a state-run school of the same level and nature, however, due allowance may be made on the question of age. For a non-governmental ordinary primary school, a junior middle school, a six-year secondary school or a senior high school, the appointment of the principal shall be reported to the district or county administrative department in charge of education concerned for the record. For a non-governmental vocational school, the appointment of the principal shall be reported to the municipal administrative department in charge of education for the record. For a non-governmental school for training skilled workers, the appointment of the principal shall be reported to the Municipal Labor Bureau for the record. For a non-governmental higher education institution, the appointment of the president (head of school) shall be reported to the municipal administrative department in charge of education for the record. Article 16 In a non-governmental school with a board of directors, the principal (president) shall exercise the following duties and powers: 1. Carrying out the State educational policy and other State policies; 2. Taking charge of the implementation of the school' s development plan; 3. Carrying out the resolutions of the board of directors; 4. Managing school affairs and taking charge of the conduct of educational and teaching activities; 5. Appointing and discharging members of the teaching or administrative staff; 6. Executing other duties and powers given by the board of directors. Article 17 In a non-governmental school without a board of directors, the principle (president) shall exercise the following duties and powers: 1. Carrying out the State educational policy and other State policies; 2. Drawing up and taking charge of the implementation of the school' s development plan; 3. Managing school affairs and taking charge of the conduct of educational and teaching activities; 4. Making decisions on plans for the raising of school funds and verifying the school' s budget and final accounts; 5. Appointing and discharging members of the teaching or administrative staff; 6. Making decisions on the size of the school' s teaching and administrative staff and the pay scale; 7. Managing the school' s funds and assets; 8. Making decisions an acceptance of donations and contributions; 9. Revising the school constitution; and 10. Other duties and powers. Article 18 The qualifications for eligibility to be appointed as a full-time or part-time teacher and to be given a professional title in a non-governmental school shall be decided by reference to the relevant provisions enforced in state-run schools of the same level and nature. When a non-governmental school appoints a teacher, it shall sign a contract with the said teacher. The contents of the contract shall include: the time limit of appointment, working conditions and work discipline, pay and insurance and other welfare benefits, liabilities in case of violation of contract, and other items. Article 19 The enrollment of a non-governmental school higher education institution shall be carried out in accordance with the measures pertaining to advertising for students, entrance examination and admissions drawn up by the municipal administrative department in charge of education. The enrollment plan of a non-governmental ordinary primary school, a junior middle school, a six-year secondary school, a senior high school or a vocational school shall, subject to approval by the administrative department in charge of education of the district or county concerned, be incorporated into the enrollment plan of the district or county in which the school is located; in the case of an enrollment plan that enrolls students in other districts or counties in addition to the one where the school is located, the plan shall be subject to approval by the municipal administrative department in charge of education for approval. The enrollment plan of a non-governmental school for training skilled workers shall be submitted to the Municipal Labor Bureau for approval. The enrollment by non-governmental schools of students from outside China proper shall be handled in accordance with the relevant regulations of the State. Article 20 The main courses and class hours in the curriculum of a non-governmental school shall be decided by reference to the relevant provisions enforced in state-run schools of the same level and nature. The textbooks for required courses shall be those that have been officially examined and approved by the State or this Municipality. Article 21 The students of a non-governmental school, after completing their study and passing the required examinations, shall be issued a certificate of schooling by that school; among these, the students of a non-governmental school for training skilled workers, after taking the graded technical test of the Municipal Labor Bureau and passing it, shall be issued a technical grade certificate by that school. The certificate of schooling shall be designed and printed exclusively by the municipal administrative department in charge of education and the technical grade certificate shall be designed and printed exclusively by the Municipal Labor Bureau. Article 22 A non-governmental school may set up school-managed enterprises and offer paid services to society at large and shall, in tax policies, enjoy the same preferential treatment as state-run schools. Article 23 A non-governmental school may charge tuition fees. The scale of tuition fees shall be proposed by the municipal administrative department in charge of education and/or the Municipal Labor Bureau, to be checked and ratified by the Municipal Bureau of Price Control. Article 24 A non-governmental school shall be staffed with accountants and set up and strengthen its finance and accounting system. The funds, financial work and school-managed enterprises together with their revenues from paid services offered to society at large shall be subject to supervision and auditing by administrative departments in charge of finance and/or auditing. Article 25 A non-governmental school shall set up and strengthen its filing system of records of student registration. Article 26 The graduates of a non-governmental school shall enjoy equal treatment with those of a state-run school in job selection and in receiving education at a higher level. Article 27 In applying for making changes its name, size, chairman of the board of directors, or principal, a non-governmental school shall follow the same procedures as in the establishment of non-governmental schools and submit the application to an administrative department in charge of education or the Municipal Labor Bureau for examination and approval or for being kept on record. A non-governmental school that has to close down must submit a plan for satisfactorily winding up its affairs and an inventory of property and then make its application to the administrative department in charge of education or the Municipal Labor Bureau that originally handled its application for establishment for a decision after examination and approval. Article 28 The administrative department in charge of education concerned or the Municipal Labor Bureau shall, upon receipt of the application of a non-governmental school for closing down, organize the organizations concerned to check up the school' s assets. Chapter IV Rewards and Penalties Article 29 The people' s government at different levels and administrative departments in charge of education or the Municipal Labor Bureau shall give public recognition and reward to the founder, the head of school and other people concerned of a non-governmental school that have made outstanding achievements in school management. The stipulations of the people' s government at different levels and of administrative departments in charge of education or of the Municipal Labor Bureau with regard to giving public recognition or reward to the teachers or students of state-run schools shall also apply to non-governmental schools. Article 30 Those violate these Procedures shall, depending on the seriousness of the case, be given administrative penalty by administrative departments in charge of education or the Municipal Labor Bureau according to the following provisions: 1. Those that establish a non-governmental school without authorization shall be ordered to make correction before a specified time limit and stop enrollment; in a serious case, a fine of under RMB 30,000 shall be imposed in addition. 2. A non-governmental school that violates the provisions with regard to enrollment shall be ordered to make correction before a specified time limit and stop enrollment. 3. A non-governmental school that is poorly managed and provides inferior-quality education and teaching shall be ordered to make correction before a specified time limit; in a serious case, the school shall be ordered to stop enrollment. 4. A non-governmental school that issues undeserved certificates of schooling or undeserved technical grade certificates shall be ordered to make correction before a specified time limit and be subjected to a fine of under RMB 10,000. 5. Those that embezzle, divide up illicitly or misappropriate by other illicit means money from school expenditures or from the funds of a non-governmental school shall be ordered to make correction before a specified time limit and subjected to a fine of under RMB 20,000. If the violation constitutes a crime, the criminal responsibility shall be investigated into by the judicial organ according to law. Article 31 When the administrative department in charge of education concerned or the Municipal Labor Bureau imposes an administrative penalty, it shall issue a written decision on administrative penalty. When a fine is exacted, an official receipt for fine and/or confiscation that is exclusively designed and printed by the municipal finance authority shall be issued. All the money that is fined and/or confiscated shall be handed over to the State Treasury. Article 32 A non-governmental school that violates the provisions with regard to the charging of tuition fees shall be punished by the price control authorities in accordance with relevant rules and regulations. Article 33 Those that prevent or hamper the performance of official duties shall be punished by the public security authorities in accordance with the Regulations of the People' s Republic of China on Public Security Administration and Imposition of Punishment. If the violation constitutes a crime, the criminal responsibility shall be investigated into by the judicial organ according to law. Article 34 If the party concerned finds unacceptable a particular administrative act of the administrative department concerned, he or she may apply for administrative review or bring an administrative action in accordance with the Regulations on Administrative Review and the Administrative Litigation Law of the People' s Republic of China. If the party concerned does not apply for review or bring an action and yet takes no action to comply with the particular administrative act, the department that is responsible for the administrative act may apply to the people' s court for enforcement in accordance with the Administrative Litigation Law of the People' s Republic of China. Chapter V Supplementary Provisions Article 35 Enterprises or institutions, mass organizations and individuals that have the need to invest in the establishment of educational institutions that provide non-formal education shall proceed in accordance with the provisions of the Procedures of Shanghai Municipality on Exercising Administrative Control over Schools Set Up with Community Resources. Article 36 The municipal administrative department in charge of education and the Municipal Labor Bureau shall, in accordance with their respective duties and responsibilities, be responsible for the interpretation of the specific questions that arise in the application of these Procedures. Article 37 These Procedures shall become effective on June 1, 1994. |
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