Chapter I General Provisions Chapter II Establishment Chapter III School Organization and Activities Chapter IV Teachers and Educatees Chapter V School Assets and Financial Management Chapter VI Management and Supervision Chapter VII Support and Reward Chapter VIII Alteration and Termination Chapter IX Legal Liability Chapter X Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution and the Education Law in order to implement the strategy of rejuvenating the country through science and education. Education promotes the healthy development of private education and safeguards the legitimate rights and interests of private schools and educatees. Article 2 This Law shall apply to social organizations or individuals other than state institutions that use non-state financial funds to organize activities of schools and other educational institutions facing the society. Where there is no provision in this law, it shall be implemented in accordance with the provisions of the Education Law and other relevant education laws. Article 3 Private education is a public welfare undertaking and an integral part of socialist education. The state implements the policy of active encouragement, strong support, correct guidance and management according to law for private education. People's governments at all levels should incorporate private education into the national economic and social development plan. Article 4 Private schools shall abide by laws and regulations, implement the national education policy, ensure the quality of education, and devote themselves to cultivating all kinds of talents for socialist construction. Private schools should implement the principle of separating education from religion. No organization or individual may use religion to carry out activities that hinder the national education system. Article 5 Private schools have the same legal status as public schools, and the state guarantees the autonomy of running schools. The state protects the legitimate rights and interests of the organizers, principals, teaching staff and educatees of private schools. Article 6 The State encourages donations to run schools. The state awards and commends organizations and individuals that have made outstanding contributions to the development of private education. Article 7 The education administrative department of the State Council is responsible for the overall planning, comprehensive coordination and macro-management of the national private education. The administrative department of human resources and social security of the State Council and other relevant departments shall be responsible for the relevant private education within the scope of duties stipulated by the State Council. Article 8 The education administrative departments of local people's governments at or above the county level shall be in charge of private education within their respective administrative areas. The administrative departments of human resources and social security of the local people's governments at or above the county level and other relevant departments shall be responsible for the relevant private education within their respective functions and duties. Article 9 Grassroots organizations in China of private schools shall carry out Party activities and strengthen Party building in accordance with the provisions of the articles of association of China. Chapter II Establishment Article 10 Social organizations that hold private schools shall have the qualifications of legal persons. Individuals who run private schools should have political rights and full capacity for civil conduct. Private schools should be qualified as legal persons. Eleventh the establishment of private schools should meet the needs of local education development and meet the conditions stipulated in the Education Law and other relevant laws and regulations. The setting standards of private schools shall be implemented with reference to the setting standards of similar public schools at the same level. Twelfth private schools that hold academic education, preschool education, self-study exams and other cultural education shall be examined and approved by the education administrative department of the people's government at or above the county level in accordance with the authority prescribed by the state; The establishment and implementation of vocational qualification training and vocational skills training in private schools shall be examined and approved by the administrative department of human resources and social security of the people's government at or above the county level in accordance with the authority prescribed by the state, and copied to the education administrative department at the same level for the record. Article 13 To apply for the establishment of a private school, the sponsor shall submit the following materials to the examination and approval authority: (1) An application report, which mainly includes the sponsor, training objectives, school scale, school level, school form, school conditions, internal management system, fund raising and management, etc. ; (2) The name and address of the promoter or the name and address; (three) the source of assets, the amount of funds and valid documents, and indicate the property rights; (four) to donate school property, a donation agreement shall be submitted, and the agreement shall specify the name of the donor, the amount, purpose and management method of the donated assets, and relevant valid documents. Article 14 The examination and approval authority shall, within 30 days from the date of accepting the application for the establishment of a private school, make a written decision on whether or not to approve it. If the establishment is agreed, an approval letter for the establishment shall be issued. If it does not agree to the establishment, it shall explain the reasons. The preparation period shall not exceed three years. For more than three years, the organizer shall re-declare. Article 15 To apply for the formal establishment of a private school, the sponsor shall submit the following materials to the examination and approval authority: (1) the approval letter for the establishment; (2) Report on the preparation; (3) The articles of association of the school and the list of members of the first school council, board of directors or other decision-making bodies; (four) valid documents of the assets of the school; (5) Qualification certificates of principals, teachers and accountants. Article 16 Those who meet the conditions for running a school and the standards for establishment may directly apply for formal establishment, and submit the materials specified in Items (3), (4) and (5) of Article 13 and Article 15 of this Law. Seventeenth applications for the formal establishment of private schools, the examination and approval authorities shall make a written decision of approval or disapproval within three months from the date of acceptance, and serve it on the applicant; If an application is made for the formal establishment of a private higher education institution, the examination and approval authority may also make a written decision on whether to approve it within six months from the date of acceptance and serve it on the applicant. Eighteenth private schools formally established after approval, the examination and approval authority issued a school license. The examination and approval authority shall explain the reasons for not approving the formal establishment. Article 19 The organizers of private schools may independently choose to set up non-profit or profit-making private schools. However, for-profit private schools that implement compulsory education may not be established. The organizers of non-profit private schools shall not obtain school income, and all the school balances shall be used for running schools. The organizers of for-profit private schools can obtain school income, and the school balance shall be handled in accordance with the Company Law and other relevant laws and administrative regulations. After obtaining a school license, a private school shall register as a legal person, which shall be handled by the registration authority according to law. Chapter III Organization and Activities of Schools Article 20 Private schools shall set up school affairs committees, boards of directors or other forms of decision-making bodies, and establish corresponding supervision mechanisms. The organizers of private schools participate in the operation and management of the school in accordance with the authority and procedures stipulated in the school articles of association. Article 21 The board of directors or council of a school shall be composed of sponsors or their representatives, principals, representatives of teaching staff and other personnel. More than one third of the directors or directors should have more than five years of education and teaching experience. The school board of directors or council consists of more than five people, with a chairman or chairman. The chairman, directors or the list of chairmen and directors shall be submitted to the examination and approval authority for the record. Article 22 The school board of directors or the Council shall exercise the following functions and powers: (1) To appoint and remove the principal; (two) to amend the articles of association of the school and formulate school rules and regulations; (three) to formulate development plans and approve the annual work plan; (four) to raise funds for running schools and examine the budget and final accounts; (five) to decide on the staffing quota and salary standard of teaching and administrative staff; (six) to decide on the division, merger and termination of the school; (seven) to decide on other major issues. The functions and powers of other forms of decision-making bodies shall be implemented with reference to the provisions of this article. Article 23 The legal representative of a private school shall be the chairman, chairman or principal. Twenty-fourth private schools refer to the qualifications of principals of similar public schools at the same level, and the age may be appropriately relaxed. Article 25 The headmaster of a private school is responsible for the education, teaching and administration of the school and exercises the following functions and powers: (1) Implementing the decisions of the school board of directors, the board of directors or other forms of decision-making bodies; (two) the implementation of development planning, formulate the annual work plan, financial budget and school rules and regulations; (three) the appointment and dismissal of school staff, the implementation of rewards and punishments; (four) to organize education and scientific research activities to ensure the quality of education and teaching; (five) responsible for the daily management of the school; (six) other authorization of the school board of directors, the board of directors or other forms of decision-making bodies. Twenty-sixth private schools can issue academic certificates, graduation certificates or training certificates to students according to their categories, study years and academic achievements. Students who have received vocational skills training and passed the appraisal by vocational skill appraisal institutions recognized by the government may be awarded national vocational qualification certificates. Twenty-seventh private schools should ensure that teachers and staff participate in democratic management and supervision through teachers' congresses and other forms. Teachers and other staff of private schools have the right to establish trade union organizations in accordance with the trade union law and safeguard their legitimate rights and interests. Chapter IV Teachers and Educated Persons Article 28 Teachers and educated persons in private schools have the same legal status as those in public schools. Twenty-ninth teachers employed by private schools should have the qualifications prescribed by the state. Thirtieth private schools should carry out ideological and moral education and professional training for teachers. Thirty-first private schools should protect the salaries, welfare benefits and other legitimate rights and interests of teaching and administrative staff in accordance with the law, and pay social insurance premiums for teaching and administrative staff. The state encourages private schools to supplement endowment insurance for teaching staff in accordance with state regulations. Thirty-second private school staff enjoy the same rights as public school staff in business training, job appointment, calculate length, commendation and awards, social activities, etc. Thirty-third private schools should protect the legitimate rights and interests of the educated according to law. Private schools shall, in accordance with the provisions of the state, establish a student status management system to reward or punish the educated. Article 34 Educatees in private schools enjoy the same rights as similar public schools at the same level in terms of further education, employment, social preferential treatment and participation in advanced selection. Chapter V School Assets and Financial Management Article 35 Private schools shall establish financial accounting systems and asset management systems according to law, and set up accounting books in accordance with relevant state regulations. Thirty-sixth private schools enjoy the legal person property rights of the assets invested by the sponsors, state-owned assets, donated assets and school-running accumulation. Article 37 During the existence of private schools, all assets shall be managed and used by private schools according to law, and no organization or individual may occupy them. No organization or individual may charge any fees to private educational institutions in violation of laws and regulations. Article 38 The charging items and standards of private schools shall be determined according to factors such as the cost of running schools and market demand, announced to the public, and subject to the supervision of relevant competent departments. Specific measures for charging non-profit private schools shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; The charging standards of for-profit private schools are regulated by the market and decided by the schools themselves. The fees charged by private schools should be mainly used for education and teaching activities, improving school conditions and ensuring the treatment of teaching staff. Article 39 The use and financial management of assets of private schools shall be subject to the supervision of the examination and approval authorities and other relevant departments. Private schools should make financial and accounting reports at the end of each fiscal year, entrust accounting firms to audit according to law, and publish the audit results. Chapter VI Management and Supervision Article 40 Education administrative departments and relevant departments shall give guidance to the education and teaching work and teacher training work of private schools. Forty-first education administrative departments and relevant departments shall supervise private schools according to law, establish information publicity and credit file system of private schools, and promote the improvement of school quality; Organize or entrust social intermediary institutions to evaluate the level of running schools and the quality of education, and announce the evaluation results to the public. Forty-second private schools enrollment brochures and advertisements shall be reported to the examination and approval authorities for the record. Forty-third private schools infringe upon the legitimate rights and interests of the educated, the educated and their relatives have the right to appeal to the administrative department of education and other relevant departments, and the relevant departments shall promptly deal with them. Article 44 The state supports and encourages social intermediary organizations to provide services for private schools. Chapter VII Support and Rewards Article 45 The people's governments at or above the county level may set up special funds to finance the development of private schools, and reward and commend the collectives and individuals who have made outstanding contributions. Forty-sixth people's governments at or above the county level can take measures such as purchasing services, student loans, scholarships and renting or transferring idle state-owned assets to support private schools; Non-profit private schools can also take government subsidies, fund incentives, donations and other support measures. Forty-seventh private schools enjoy preferential tax policies stipulated by the state; Among them, non-profit private schools enjoy the same preferential tax policies as public schools. Article 48 Private schools may accept donations from citizens, legal persons or other organizations in accordance with relevant state laws and regulations. The state shall, in accordance with relevant regulations, give tax incentives and recognition to citizens, legal persons or other organizations that donate property to private schools. Article 49 The State encourages financial institutions to use credit to support the development of private education. Article 50 When the people's government entrusts a private school to undertake the task of compulsory education, it shall allocate corresponding education funds according to the entrustment agreement. Article 51 When building or expanding non-profit private schools, the people's government shall grant preferential land use in the form of allocation according to the same principle as public schools. When building or expanding for-profit private schools, the people's government shall provide land in accordance with state regulations. Educational land shall not be used for other purposes. Article 52 The state shall take measures to support and encourage social organizations and individuals to set up private schools and develop educational undertakings in minority areas and remote and poor areas. Chapter VIII Alteration and Termination Article 53 After the financial liquidation, the school board of directors or the board of directors shall report to the examination and approval authority for approval. To apply for the division or merger of private schools, the examination and approval authority shall give a written reply within three months from the date of acceptance; The examination and approval authority may also give a written reply within six months from the date of accepting the application for division or merger of private colleges and universities. Fifty-fourth private schools to change the sponsor, proposed by the sponsor, after financial liquidation, with the consent of the school board of directors or the board of directors, submitted to the examination and approval authority for approval. Article 55 Any change in the name, level and category of a private school shall be submitted by the school board of directors or the board of directors to the examination and approval authority for approval. The examination and approval authority shall give a written reply within three months from the date of accepting the application for changing to other private schools; The examination and approval authority may also give a written reply within six months from the date of accepting the application for change to a private institution of higher learning. Article 56 A private school shall be terminated under any of the following circumstances: (1) It is terminated with the approval of the examination and approval authority in accordance with the provisions of the school's articles of association; (two) the school license has been revoked; (three) unable to continue running a school because of insolvency. Article 57 When a private school terminates, it shall properly arrange the students in school. When a private school that implements compulsory education terminates, the examination and approval authority shall assist the school in arranging students to continue their studies. Article 58 When a private school terminates, it shall conduct financial liquidation according to law. If a private school requests to terminate itself, it shall organize liquidation; If it is revoked by the examination and approval authority according to law, the examination and approval authority shall organize liquidation; If the school is terminated due to insolvency, the people's court shall organize liquidation. Article 59 The property of a private school shall be paid off in the following order: (1) Tuition fees, miscellaneous fees and other expenses of the educatees shall be refunded; (2) Payable staff salaries and social insurance premiums; (3) Repaying other debts. The remaining property of the non-profit private school after paying off the above debts will continue to be used to organize other non-profit schools; The surplus property of profit-making private schools after paying off the above debts shall be disposed of in accordance with the relevant provisions of the Company Law. Article 60 If a private school is terminated, the examination and approval authority shall revoke its school license, destroy its seal and cancel its registration. Chapter IX Legal Liability Article 61 If a private school violates the provisions of the Education Law and the Teachers Law in its educational activities, it shall be punished in accordance with the relevant provisions of the Education Law and the Teachers Law. Article 62 If a private school commits any of the following acts, the administrative department of education, human resources and social security of the people's government at or above the county level or other relevant departments shall order it to make corrections within a time limit and give it a warning; If there is illegal income, the illegal income shall be confiscated after the fee is refunded; If the circumstances are serious, it shall be ordered to stop enrolling students and revoke the school license; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) splitting or merging private schools without authorization; (2) changing the name, level, category and sponsor of a private school without authorization; (3) publishing false enrollment brochures or advertisements to defraud money; (4) Illegally issuing or forging academic certificates, graduation certificates, training certificates and vocational qualification certificates; (five) management confusion seriously affects education and teaching, resulting in adverse social impact; (six) submit false documents or take other fraudulent means to conceal important facts to defraud the school license; (7) Forging, altering, buying, selling, renting or lending a school license; (eight) malicious termination of running a school, withdrawing funds or misappropriating school funds. Sixty-third people's governments at or above the county level education administrative departments, human resources and social security administrative departments or other relevant departments have one of the following acts, the higher authorities shall order it to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; Causing economic losses, it shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) Having accepted the application for establishment and failing to reply within the time limit; (2) approving an application that does not meet the requirements stipulated in this Law; (three) neglect of management, resulting in serious consequences; (four) in violation of the relevant provisions of the state to collect fees; (5) Violating the legitimate rights and interests of private schools; (six) other abuse of power, favoritism. Article 64 If a private school is established without authorization in violation of the relevant provisions of the state, the education administrative department of the local people's government at or above the county level or the administrative department of human resources and social security shall, jointly with the relevant departments of public security, civil affairs, industry and commerce administration at the same level, order it to stop running the school, refund the fees collected, and impose a fine of 1 times and less than 5 times the illegal income of the sponsor; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter X Supplementary Provisions Article 65 Private schools mentioned in this Law include other private educational institutions established according to law. The principal mentioned in this Law includes the principal administrative person in charge of other private educational institutions. Article 66 Measures for overseas organizations and individuals to jointly run schools in China shall be formulated by the State Council. Article 67 This Law shall come into force as of September 6, 2003. 1July 3, 9971The Regulations on Running Schools by Social Forces promulgated by the State Council shall be abolished at the same time.