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Interpretation of "Regulations on the Management of Self-funded Study Abroad Intermediary Services" for Students Majoring in Studying Abroad
In recent years, China's self-funded study abroad market has developed rapidly, but related problems have emerged one after another. The market is full of "pheasant" intermediaries, the competition of formal institutions is fierce, and the overall reputation of international students is damaged by material fraud ... Recently, the Ministry of Education has comprehensively revised the policy of "Regulations on the Management of Intermediary Services for Studying Abroad at its own expense" which has been implemented for many years, and compiled a new "Regulations on the Management of Intermediary Services for Studying Abroad at its own expense (Draft for Comment)" (hereinafter referred to as "Draft for Comment"), which standardized some current focus issues. Once the "Draft for Comment" was published, it attracted the attention and heated discussion in the industry. The "Draft for Comment" not only devolves the examination and approval authority of intermediary service qualification to the provinces to regulate the disorderly operation of institutions across regions, but also comprehensively sorts out the illegal acts in practice, further improving the relevant responsibilities and punishment methods, especially the strict provisions on cracking down on material fraud and other issues, which have aroused favorable comments from the industry. However, foreign institutions are not allowed to participate in intermediary services, and self-funded intermediaries are not allowed to carry out relevant enrollment publicity activities in the compulsory education stage, which causes some institutions to worry or cool down the "study abroad fever" at this stage. ■ Entering the compulsory education campus without interpreting the policy does not mean that it is forbidden to provide services for junior high school students. Nineteenth self-funded study abroad intermediary service institutions shall not carry out any form of self-funded study abroad consultation, lectures, symposiums, briefings and other activities. In the compulsory education stage. Interpretation: Song Dan, deputy general manager of Amber Education Guangzhou Company, stressed that this regulation stipulates that overseas study service agencies cannot enter primary schools and junior high schools for enrollment promotion, but it does not mean that overseas study service agencies are not allowed to provide overseas study consultation and services for students within the scope of compulsory education. Song Dan believes that the competition for studying abroad is becoming more and more obvious due to the increasingly common phenomenon of studying abroad at a younger age. Many students and parents have been preparing for studying abroad since junior high school or even primary school. It is legal and reasonable for professional study abroad institutions to provide students and parents with advice on choosing schools and majors when necessary, and to assist them in preparing admission applications and applying for visas. Liu Xiang, general manager of Kai Tak Education Group Guangzhou Branch, believes that such a proposal means that students who have not completed compulsory education will not be encouraged to study abroad, but it is expected that overall, the impact on the market will not be great. Jiang Zanhua, a senior expert on studying abroad, former official of the International Exchange Department of the Ministry of Education and strategic development consultant of Australia International Education Group, said: "Studying in Australia can only be applied after graduating from junior high schools in China, so this rule will not affect studying in Australia. A few secondary schools in the United States and other countries may accept China's application for studying in junior high schools. For such schools, the New Deal may have some influence. But on the whole, because the proportion of primary and secondary school students studying abroad is not large, and it is restricted by some national policies, it will basically not affect the operation of intermediary companies. " Overseas institutions shall not engage in intermediary services for studying abroad at their own expense Article 3: …… Overseas institutions and individuals, representative offices of overseas institutions in China, foreign-invested enterprises and Chinese-foreign cooperatively-run schools shall not engage in any form of intermediary services for studying abroad at their own expense in China. Interpretation: Liu Xiang said that this proposal takes "the safety of studying abroad" as the primary consideration, and clearly stipulates the service forms of overseas institutions and individuals, representative offices of overseas institutions in China, foreign-invested enterprises and Chinese-foreign cooperatively-run schools in China. For example, as far as the current laws are concerned, overseas institutions and individuals and representative offices of overseas institutions in China can only carry out marketing and provide consulting services in China, and there are no business activities such as charging fees. If these overseas institutions need to engage in business, they must register and apply for registration according to the Company Law of People's Republic of China (PRC). Therefore, if this proposal is implemented, the service forms of overseas institutions, individuals and representative offices of overseas institutions in China will be clearly defined and restricted. In Song Dan's view, at present, overseas institutions and individuals, representative offices of overseas institutions in China, foreign-invested enterprises, Chinese-foreign cooperatively-run schools and legally-operated self-funded study abroad agencies, such as the China office of foreign universities, rarely directly participate in the links of study abroad services, such as assisting students in preparing admission applications, handling visas and notarization. Therefore, the impact of the New Deal on the intermediary market for studying abroad will not be too great. "Take the China office of a foreign university as an example. On the one hand, they cooperate with study agents to carry out marketing activities, provide students with the latest information on colleges and professional courses at various interview meetings and education exhibitions, and enhance the popularity of universities in China; On the other hand, various alumni activities will be held in China to realize the integration and exchange of social resources. " Senior study abroad experts, former officials of the International Exchange Department of the Ministry of Education, and strategic development consultants of ANZ Education Group: Senior study abroad experts, former officials of the International Exchange Department of the Ministry of Education, and strategic development consultants of ANZ Education Group first affirmed the necessity of the exposure draft. He said that with the increasing number of students studying abroad at their own expense and the increasingly obvious trend of younger students studying abroad, the "Regulations on the Administration of Intermediary Services for Studying Abroad at Their Own Expense" implemented by 1999 can no longer meet the needs of the study abroad market. In view of the new situation and new problems in studying abroad at one's own expense, it is timely and necessary for the Ministry of Education to comprehensively revise relevant policies. "Looking at the study abroad agencies that have not obtained the qualification recognized by the Ministry of Education, there are mainly the following forms: the first category is language training institutions, which do not have the qualification of study abroad agencies, but they will study abroad by the way because of IELTS and TOEFL; The second category is in the name of cooperation with foreign universities, the office is located on campus, avoiding the supervision of some social supervision institutions; The third category is to be an intermediary under the banner of consultation. Although the terms used in intermediary service for studying abroad, consulting service for studying abroad and consulting service for education are different, the service content is difficult to define. The fourth type of institutions for studying abroad are the representative offices of foreign universities in China, which also provide intermediary services for studying abroad. These institutions will not only harm the legitimate rights and interests of customers, but also affect students' study abroad process. " Jiang Yuhua believes that what is commendable about the Draft for Comment is that it standardizes the qualifications of study abroad agents in many aspects, comprehensively sorts out the illegal acts in practice, and improves the relevant responsibilities and punishment methods. Song Dan, Deputy General Manager of Amber Education Guangzhou Company: It can play a very good guiding role in the service industry of studying abroad. Song Dan, deputy general manager of Amber Education Guangzhou Company, admitted in an interview that with the increase of the number of overseas students year by year, the number and business forms of overseas study agents have developed rapidly, but there are also some outstanding problems. For example, some unauthorized intermediaries illegally engage in self-funded study abroad intermediary activities, and fabricate and forge certification materials by fraudulent means, which seriously affects students' normal study and life in the future. "This" Draft for Comment "has played a very good guiding role in the entire study abroad service industry and promoted the management of self-funded study abroad intermediary services." She analyzed, for example, in the new management regulations, it is clearly pointed out that the intermediary service for studying abroad at one's own expense should be filed with the education administrative department of the provincial people's government and registered with the local administrative department for industry and commerce before it can be legally operated. This shows that the revision of this regulation will make the management units of self-funded study abroad service institutions more clear, localized and standardized, which not only promotes the healthy development of the study abroad market, but also effectively protects the legitimate rights and interests of students and parents in the process of studying abroad. In addition, Song Dan also believes that study abroad industry associations should play a greater role in calling and guiding, respond to the new regulations, and clarify the code of conduct for study abroad service agents and employees. The reporter learned that the reason why there is no association for studying abroad in Guangdong at present is that the number of intermediaries has not reached the standard, and this draft for comments will delegate the approval authority of intermediaries to the provinces, which may play a great role in solving this problem. The first is to clarify the responsibilities of education, industry and commerce, public security organs and other departments. The education administrative department of the State Council is responsible for the macro management, policy planning and comprehensive coordination of intermediary services for studying abroad at its own expense; The education administrative department of the provincial people's government is responsible for the qualification identification, daily management, supervision and inspection of the intermediary service activities of studying abroad at their own expense within their respective administrative areas. Public security organs at all levels are responsible for the supervision and management of the entry and exit order of intermediary services for studying abroad at their own expense. The administrative departments for industry and commerce at all levels shall be responsible for the registration of intermediary service institutions for studying abroad at their own expense and the supervision and management of market operation order. Second, standardize language training and preparatory qualification. Self-funded study abroad intermediary service organizations organize language training, preparatory study and other educational and teaching activities with subject knowledge. You should apply for a school license according to law, and only after obtaining the school license can you carry out relevant education and training activities. Organizing language training, preparatory study abroad and other educational and teaching activities with subject knowledge without authorization, causing serious consequences or refusing to make rectification on time, shall be fined 1 10,000 yuan or more 1 10,000 yuan or less. Third, set up a reserve fund to protect students' rights and interests. Self-funded study abroad intermediary service institutions implement the reserve fund system. The reserve fund is used for compensation when the intermediary service institution studying abroad at its own expense refuses or is unable to bear the damage to the legitimate rights and interests of its clients. The amount of the reserve fund shall be determined by the education administrative department of the provincial people's government according to the actual situation in the region, but the minimum amount shall not be less than 500,000 yuan. Four, severely crack down on material fraud and publishing false information, organizing intermediary activities in China, causing serious social impact; Whoever instigates, assists or organizes the client to provide false materials or forge relevant materials to study abroad at his own expense, so that the client cannot legally reside or study abroad, shall be fined from 50,000 yuan to 65,438+10,000 yuan. If the circumstances are serious, the qualification certificate of the intermediary service institution for studying abroad shall be revoked.