National support policy for education: 1. Establish a classified management system. Non-profit and profit-making classified management shall be implemented for private schools (including other private educational institutions). The organizers of non-profit private schools do not obtain school income, and all the school balances are used for running schools. The organizers of for-profit private schools can obtain school-running income, and the school-running balance is distributed in accordance with relevant state regulations. Private schools enjoy legal person property rights according to law. The organizers independently choose to set up non-profit private schools or for-profit private schools, and register according to the law and regulations. In accordance with the principle of voluntary organizers, the existing private schools are subject to policy management. 2. Establish a differentiated policy system. The state actively encourages and strongly supports social forces to set up non-profit private schools. People's governments at all levels should improve their systems and policies, and give support to non-profit private schools in terms of government subsidies, government purchase of services, financial incentives, donation incentives, land allocation, tax reduction and exemption, etc. People's governments at all levels can support for-profit private schools through government purchase of services and tax incentives according to the needs of economic and social development and public service demand. 3. Relax the access conditions for running schools. As long as it does not belong to the field prohibited by laws and regulations and does not harm the interests of third parties, social public interests and national security, the government shall not restrict social forces from investing in education. The government makes a negative list of access, which lists the prohibited and restricted school-running behaviors. All localities should reorganize the access conditions and procedures of private schools, further simplify administration and decentralize power, and attract more social resources to enter the field of education. 4. Broaden the financing channels for running schools. Encourage and attract social funds to enter the field of education to hold schools or investment projects. Innovate the investment and financing mechanism of education, attract social funds through multiple channels, and expand the sources of funds for running schools. Encourage financial institutions to develop financial products suitable for the characteristics of private schools under the premise of controllable risks, explore the future operating income and intellectual property pledge loan business of private schools, and provide diversified financial services such as bank loans, trusts and financial leasing. Encourage social forces to donate to non-profit private schools. 5. Explore multi-agent cooperation in running schools. Promote the government and social capital cooperation (PPP) model, encourage social capital to participate in the construction and operation management of educational infrastructure, and provide professional services. Actively encourage public schools and private schools to purchase management services, teaching resources and scientific research results from each other. Explore the establishment of mixed-ownership vocational colleges, allowing capital, knowledge, technology, management and other elements to participate in running schools and enjoy corresponding rights. Encourage for-profit private schools to establish equity incentive mechanism. 6. Improve the school exit mechanism. When the donated private school is terminated, the remaining property after repayment will be used for social undertakings such as education as a whole. 201611.7 The Decision of the NPC Standing Committee on Amending the Law on the Promotion of Private Education in People's Republic of China (PRC) was promulgated. If a private school chooses to register as a non-profit private school, its property will remain after it is paid off according to law. According to the relevant provisions of the state, the investor will be compensated or rewarded, and the remaining property will continue to be used to run other non-profit schools; If you choose to register as a profit-making private school, you should carry out financial liquidation and clarify the ownership of the property according to law. At the time of termination, if the property of the private school remains after being paid off according to law, it shall be handled in accordance with the relevant provisions of the Company Law of People's Republic of China (PRC). Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Private schools established after October 7, 2006/KLOC-0, when 20 165438 is terminated, their property shall be disposed of in accordance with relevant regulations and school articles of association. All localities should combine the actual situation, improve the exit mechanism of private schools, and protect the legitimate rights and interests of the educated according to law.
legal ground
Article 399 of the Civil Code of People's Republic of China (PRC) stipulates that the educational facilities of non-profit schools and kindergartens shall not be mortgaged. Conversely, it can be inferred that the educational facilities of for-profit schools, including buildings and other buildings/structures and their ancillary facilities, projects under construction, land use rights, teaching equipment and other fixed assets, can be mortgaged to financial institutions. This paper solves the long-standing legal practice problem of whether school assets can be mortgaged for financing. In the future, any school that chooses to register as a profit-making school within the time limit stipulated by each province can justifiably mortgage its assets to financial institutions to obtain financing.