Article 5? Social organizations or individuals other than state institutions may independently or jointly run private schools. Where a private school is jointly organized, a joint school-running agreement shall be signed to clarify the mode of cooperation, the rights and obligations of all parties and the dispute settlement method.

The state encourages the establishment of private schools in accordance with the law through donations and the establishment of foundations. Private schools are organized by means of donations. If there is no sponsor, the rights and responsibilities of the sponsor in the process of running the school shall be fulfilled by the sponsor.

Foreign-invested enterprises established in China and social organizations with the foreign party as the actual controller shall not establish, participate in or actually control private schools that implement compulsory education; The establishment of other types of private schools shall conform to the provisions of the state on foreign investment.

Article 6? Social organizations or individuals that run private schools should have good credit status. The establishment of private schools can be funded in currency, or in kind, construction land use rights, intellectual property rights and other non-monetary property that can be valued in currency and transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.

Article 7? Public schools that implement compulsory education shall not establish or participate in the establishment of private schools, nor shall they be converted into private schools. Other public schools shall not hold or participate in the holding of for-profit private schools. However, public schools that implement vocational education can attract capital, technology, management and other elements of enterprises, and organize or participate in the organization of for-profit private schools that implement vocational education.

When a public school holds or participates in the holding of a private school, it shall not use state financial funds to affect the teaching activities of the public school, and shall not participate in running the school only by way of brand export, and it shall be approved by its competent department. When a public school holds or participates in the holding of a non-profit private school, it shall not obtain school-running income by charging management fees or charging management fees in disguised form.

Private schools organized or participated in by public schools shall have independent legal personality, have campuses, basic education and teaching facilities and independent full-time teachers separated from public schools, conduct independent accounting in accordance with the unified national accounting system, enroll students independently, and issue academic certificates independently.

Public schools that organize or participate in the organization of private schools shall enjoy the rights and interests of the organizers and fulfill the obligations of state-owned assets management.

Article 8? Local people's governments may not use state-owned enterprises or public educational resources to establish or participate in the establishment of private schools that implement compulsory education.

Where state-owned assets participate in the establishment of private schools, they shall, in accordance with the provisions of the state on the supervision and administration of state-owned assets, hire an intermediary agency qualified for evaluation according to law, reasonably determine the amount of capital contribution according to the evaluation results, and report it to the institution responsible for the supervision and administration of state-owned assets for the record.

Article 9? The state encourages enterprises to establish or participate in the establishment of private schools that implement vocational education in accordance with the law by means of sole proprietorship, joint venture and cooperation.

Article 10? The establishment of private schools shall fulfill the obligation of capital contribution in full and on time. During the existence of private schools, the sponsors shall not withdraw their capital contribution or misappropriate the funds for running schools.

Organizers may raise funds to set up for-profit private schools according to law, and the funds raised shall be mainly used for running schools, and shall not change their uses without authorization, and fulfill their information disclosure obligations according to regulations. Private schools and their sponsors shall not charge students and their parents fees related to admission in the name of sponsorship fees or in disguised form.

Article 11? The sponsor shall formulate the articles of association of the school according to law and be responsible for selecting and appointing members of the first Council, board of directors or other forms of decision-making bodies of private schools.

Organizers may, according to the procedures and requirements stipulated in laws, regulations and school bylaws, participate in or appoint representatives to participate in the board of directors, the board of directors or other forms of decision-making bodies, and exercise corresponding decision-making and management rights according to the authority stipulated in the school bylaws.

Article 12? If the sponsor of a private school changes, it shall sign a change agreement, but it shall not involve the property of the school as a legal person, affect the development of the school or harm the rights and interests of teachers and students; If the sponsors of existing private schools change, they may agree with the successor sponsors to change their income according to their legitimate rights and interests.

If the sponsor of a private school no longer meets the statutory requirements, it shall propose changes to the examination and approval authority within 6 months; If no change is made within the time limit, the examination and approval authority shall order it to change.

If the sponsor is a legal person, its controlling shareholder and actual controller shall meet the conditions for holding a private school as stipulated by laws and administrative regulations. Where the controlling shareholder or actual controller changes, it shall be reported to the competent department for record and publicity.

If the promoters change and meet the statutory requirements, the examination and approval authorities shall handle it within the prescribed time limit.

Thirteenth at the same time to organize or actually control a number of private schools, the organizers or actual controllers should have the funds, personnel, organization and other conditions and capabilities suitable for their school-running activities, and bear the responsibility of management and supervision of the private schools.

At the same time, the organizers or actual controllers who hold or actually control a number of private schools shall provide teaching materials, courses, technical support and other services to the private schools held or actually controlled, organize educational and teaching activities, and establish corresponding quality standards and guarantee mechanisms in accordance with relevant state regulations.

If a number of private schools are held or actually controlled at the same time, it shall ensure that the private schools held or actually controlled independently carry out school-running activities according to law, and all the assets during their existence shall be managed and used by the schools according to law; Shall not change the nature of the non-profit private schools held or actually controlled, and directly or indirectly obtain school income; Nor shall they abuse their dominant market position to exclude or restrict competition.

No social organization or individual may control private schools that implement compulsory education and non-profit private schools that implement preschool education through mergers and acquisitions or agreement control.

Article 14 Institutions that conduct examinations recognized by the state, such as education examinations, vocational qualification examinations and vocational skill level examinations, or participate in holding private schools related to the examinations conducted by them shall comply with the relevant provisions of the state.

Fifteenth the approval authority for the establishment of private schools shall be implemented in accordance with relevant laws and regulations.

Local people's governments and their relevant departments shall perform their duties of implementing compulsory education according to law. The establishment of private schools that implement compulsory education shall conform to the local compulsory education development plan.

Article 16 The State encourages private schools to use Internet technology to carry out online education activities.

The use of Internet technology to carry out educational activities on the Internet shall abide by the laws and administrative regulations of the state on Internet management. Private schools that use Internet technology to implement educational activities online shall obtain corresponding school licenses.

Private schools should establish and implement the Internet security management system and security protection technical measures when using Internet technology to implement educational activities online. When discovering information that is prohibited by laws and administrative regulations from being published and disseminated, it shall immediately stop the dissemination, take measures such as elimination, prevent the information from spreading, keep relevant records, and report to the relevant competent departments.

Foreigners who use Internet technology to carry out educational activities online shall abide by the provisions of relevant laws and administrative regulations such as the management of foreigners' work, education and so on in China.

Article 17? The sponsor of a private school may apply for formal establishment if it has completed its establishment within 3 years from the date of obtaining the approval of establishment.

Private schools may not enroll students during the preparation period.

Article 18? When applying for the formal establishment of a private school for academic education, the examination and approval authority shall organize an expert committee to make comments after accepting the application, and the expert committee shall put forward its opinions.

Article 19 The articles of association of a private school shall stipulate the following main items:

(a) the name, domicile, school address and legal personality of the school;

(two) the rights and obligations of the organizers, and the measures for the alteration and transfer of the rights and interests of the organizers;

(three) the purpose, development orientation, level, type, scale and form of running a school;

(four) the school's start-up capital, registered capital, source and nature of assets, etc. ;

(5) Method of formation, personnel composition, term of office, rules of procedure, etc. Council, board of directors or other decision-making bodies and supervisory bodies;

(six) the procedures for the person in charge or representative of the school party organization to enter the decision-making body and supervision body of the school;

(seven) the legal representative of the school;

(eight) the reasons for the termination of the school, and the methods and procedures for the disposal of the remaining assets;

(9) Procedures for amending the Articles of Association.

Private schools shall announce their articles of association to the public, and the amendments to the articles of association shall be announced in advance to solicit the opinions of stakeholders. After the revision is completed, it shall be reported to the competent department for record or approval.

Article 20? Private schools can only use one name.

The names of private schools shall comply with the provisions of relevant laws and administrative regulations, and shall not harm public interests, and shall not contain words that may cause ambiguity or names of other legal persons that may mislead the public. For-profit private schools can use the abbreviation of legal person approved by the examination and approval authority on school cards, transcripts, graduation certificates, graduation certificates, degree certificates and related certificates, enrollment advertisements and enrollment brochures.

Article 21? The start-up capital and registered capital of a private school should be adapted to the type, level and scale of the school. When a private school is formally established, the start-up capital and registered capital shall be fully in place.

Article 22? The examination and approval authority shall issue a school license to a formally established private school and make an announcement to the public.

The term of the school license shall be compatible with the level and type of running a private school. If there is no violation of laws and regulations within the license period, private schools can automatically renew and obtain new licenses when the validity period expires.

Measures for the administration of school licenses for private schools shall be formulated by the administrative departments of education and human resources and social security of the State Council respectively according to the division of responsibilities.

Article 23? When a private school adds a campus, it shall apply to the examination and approval authority for a change of address; The establishment of a branch school shall separately apply to the examination and approval authority where the branch school is located, and report to the original examination and approval authority for the record.

Article 24? Private schools apply for legal person registration in accordance with the provisions of relevant laws and administrative regulations, and the registration authority shall handle it according to law.