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Reply on the decision of the Ministry of Education to abolish and amend some regulations
Q: Why did you issue this decision?

A: According to the legislative law, educational laws and regulations are an important level of legislation and an important basis for governing education according to law. According to the development and changes of the spirit of the rule of law and the reform situation, it is necessary to timely revise and adjust the places in the education laws and regulations that are inconsistent with laws and regulations and state decisions, so as to provide a clear and applicable legal basis for deepening the comprehensive reform of education.

Since the current government, the Ministry of Education has cancelled the decentralization of more than 10 educational administrative examination and approval items, some of which are stipulated by educational laws and regulations. In order to meet the requirements of combining decentralization with functional transformation, it is necessary to revise and adjust the corresponding regulations in time. The Notice of the General Office of the Ministry of Education on Strengthening the Follow-up Work of Cancellation and Decentralization of Administrative Examination and Approval (Letter of Education, Politics and Law Office 14) and the Notice of the Ministry of Education on Doing a Good Job in the Follow-up Work of the Reform of Educational Administrative Examination and Approval System (Letter of Education, Politics and Law Office [20 15]7) clearly require and deploy the regulations and normative documents.

Therefore, in order to meet the needs of deepening the reform of the administrative examination and approval system, to ensure that the administrative examination and approval cancelled in the reform of the administrative examination and approval system is put in place, and to ensure the coordination and unification of laws and regulations, the Ministry of Education studied and drafted the decision, which was reviewed at the 33rd ministerial office meeting this year, revised and promulgated on1kloc-0/0.

Q: Why do you want to clean up Order 5, Order 6 and Order 15?

Answer: Order No.5 is "Regulations on the Administration of Intermediary Services for Studying Abroad at One's Own Expense", and Order No.6 is "Detailed Rules for the Implementation of Regulations on the Administration of Intermediary Services for Studying Abroad at One's Own Expense (Trial)"; Order 15 is the Interim Measures for the Administration of Overseas Running of Colleges and Universities.

With the deepening of the reform, the State Council decided to delegate the qualification identification of intermediary service institutions for studying abroad at their own expense to the education administrative department of the provincial people's government, cancel the examination and approval for universities to set up educational institutions (including cooperation) abroad and adopt other forms to implement undergraduate and above education, and cancel the examination and approval for universities to run schools abroad to implement specialized education or non-academic higher education. In addition, the decentralized "self-funded study abroad intermediary service agency qualification identification" was adjusted to "first license". Therefore, the Ministry of Education needs to study and clean up orders 5, 6 and 9. 15 according to the requirements of canceling decentralization approval and related reforms.

Among them, Order No.5 and Order No.6 were jointly issued by the Ministry of Education, the Ministry of Public Security and the State Administration for Industry and Commerce. After consulting the Ministry of Public Security and the State Administration for Industry and Commerce, the two departments have no different opinions on the abolition of Order No.5 and Order No.6. ..

Q: How to strengthen supervision after the abolition of Order No.5 and Order No.6?

A: With regard to the follow-up supervision of the intermediary service agencies for studying abroad at their own expense after the abolition of Order No.5 and Order No.6, the Ministry of Education issued the Notice of the Ministry of Education on Decentralizing the Examination and Approval Authority of the intermediary service agencies for studying abroad at their own expense in 20 13 (J.F. [2065438+03] No.50). The Notice of the General Office of the Ministry of Education on the Follow-up Work of the Intermediary Service for Studying Abroad at One's Own Expense (Foreign Affairs Office [2014] No.26) was issued, and a unified model of the Qualification Certificate for the Intermediary Service for Studying Abroad at One's Own Expense was formulated to guide all provinces (autonomous regions and municipalities) to improve their rules and regulations, improve their supervision system, and attach importance to the collaborative management role of social organizations. At present, 14 provinces (autonomous regions and municipalities) have issued relevant regulations on the qualification identification, supervision and management of self-funded study abroad intermediary service institutions in this region, and relevant measures of other provinces (autonomous regions and municipalities) are also being formulated. The Ministry of Education announced the list of intermediary service institutions for studying abroad at their own expense and the change of the original institutions approved by the provincial education administrative department through the foreign-related education supervision information network. At the same time, according to the deployment of the Ministry of Education, China International Education Exchange Association set up an intermediary service branch for studying abroad at its own expense.

Recently, the State Council issued "the State Council's Opinions on Strengthening Post-event Supervision after the" license-first "reform" (Guo Fa [2015] No.62), which put forward clear requirements for deepening the reform of commercial system and strengthening post-event supervision after the "license-first" reform. The Ministry of Education will strengthen the guidance and coordination of the follow-up supervision of local self-funded study abroad intermediary service institutions according to the provisions of the State Council and other relevant normative documents.

Q: What is the main basis for the revision of Order 25 and Order 26?

A: Order No.25 is "Several Provisions on the Administration of Private Colleges and Universities" and Order No.26 is "Measures for the Establishment and Administration of Independent Colleges".

On June 20 13, the Decision of the NPC Standing Committee on Amending the Law on the Protection of Cultural Relics in People's Republic of China (PRC) (Presidential Decree No.5) revised the Law on the Promotion of Private Education, and amended Article 23 as: "Private schools may employ principals with reference to the qualifications of principals of similar public schools at the same level, and their age may be appropriately relaxed." Delete "and report to the examination and approval authority for approval". In June of the same year 165438+ 10, the decision of the State Council on canceling and delegating a number of administrative examination and approval items (Guo Fa [2065438+03] No.44) announced the cancellation of the "post approval of principals of private schools". Accordingly, the Decision of the Ministry of Education deletes Article 10 of Several Provisions on the Administration of Running Private Colleges and Universities (Order No.25): "The principal can only exercise the functions and powers stipulated in the Private Education Promotion Law and its implementing regulations after being approved by the examination and approval authorities" and "can be re-elected after being approved by the examination and approval authorities"; Delete "and report to the examination and approval authority for approval" in the first paragraph of Article 29 of the Administrative Measures for the Establishment of Independent Colleges (Order No.26). After revision, the provisions on administrative examination and approval in Order No.25 and Order No.26 are consistent with those in the Law on the Promotion of Private Education and the Decision of the State Council. In actual management, the principals of private schools are appointed independently by private schools and do not need to be reported to the examination and approval authorities for approval.

Q: 1 1 What are the main considerations for order modification?

A: the State Council has decided to cancel the "Examination and Approval of National Curriculum Textbooks for Primary and Secondary Schools", and the related Interim Measures for the Administration of Examination and Approval of Textbooks for Primary and Secondary Schools (1 1 Order) needs to be revised. Since the order number 1 1 was published on 200 1, it has been more than ten years now, and some regulations have not met the needs of the current standardized management of teaching materials, so it is necessary to make a comprehensive revision. Therefore, the Ministry of Education initiated a comprehensive revision of Order No.2004 of 2004130th February. 1 1. With the development and change of the situation, during this period, the relevant parties proposed to study and formulate a comprehensive law including the compilation, examination and selection of textbooks for primary and secondary schools. Therefore, on the basis of revising the original order number 1 1, the Ministry of Education will study and formulate comprehensive regulations on the management of textbooks in primary and secondary schools, which is conducive to improving the quality of textbooks and promoting the cultivation of moral people. As the study and formulation of this regulation will take some time, it is still under consideration to amend the provisions on examination and approval in OrderNo. 10. 1 1 Ensure the unity of the rule of law. 1 1 in the revision decision of the order number not only meets the needs of the reform of the administrative examination and approval system, but also will not affect the formulation of the new regulations on the management of textbooks in primary and secondary schools.