I. Background of drafting the notice
In recent years, the state, provinces and cities have issued a series of policies and regulations to support and standardize the development of private education, and private education in our city has achieved healthy and rapid development. In order to further standardize the examination and approval of the establishment of private primary and secondary schools (kindergartens) in our city, the Municipal Education Bureau supplemented and improved the Opinions on Defining the Management Right of Full-time Private Schools and formulated the Notice on Further Standardizing the Examination and Approval of the Establishment of Private Primary and Secondary Schools (Kindergartens) in accordance with the People's Republic of China (PRC) Private Education Promotion Law, Several Provisions on the Implementation of Educational Administrative Licensing (Order No.22 of the Ministry of Education of People's Republic of China (PRC)) and other laws, regulations and policies.
First, implement national policies. 20 18 18 On February 29th, the third revised edition of the Law on the Promotion of Private Education in People's Republic of China (PRC) was promulgated and implemented. The examination and approval policies of private primary and secondary schools in our city should actively adapt to the needs of national reform and actively connect with national policies to ensure the sustained and healthy development of private education.
The second is to deal with the abolition of provincial documents. After the abolition of the Interim Provisions on the Establishment of Private Primary and Secondary Schools in Zhejiang Province, the administrative examination and approval of private primary and secondary schools has encountered some new situations and problems, and it is necessary to issue normative documents for the examination and approval of private primary and secondary schools in time.
Third, the current examination and approval system needs to be improved. In recent years, our city has successively promulgated the Interim Measures for the Examination and Approval Management of Non-academic Education and Training Institutions in Ningbo, the Notice on Adjusting the Examination and Approval Management System of Non-academic Education and Training Institutions, and the Opinions on Defining the Examination and Approval Management Authority of Full-time Private Schools to promote and guide the healthy and orderly development of private education in the city, but the relevant regulations need to be further improved.
Two. Scope of application of the notice
The private primary and secondary schools (kindergartens) mentioned in the notice refer to private primary and secondary schools (kindergartens) registered in the civil affairs department, the editorial department or the municipal supervision department with the permission of the education department, and organized by social organizations or individuals other than state institutions using non-state financial funds for the society.
The Notice does not include the approval of private colleges and universities, private non-academic education and training institutions, private vocational skills and vocational qualification training institutions, institutions that provide training services through the Internet, and market service institutions such as custody and infant care.
Three. Principles of drafting notices
Guided by Xi Jinping's thought of the rule of law, the Notice thoroughly implements the spirit of the 19th National Congress of the Communist Party of China and the national and provincial education work conferences, comprehensively implements the national education policy, actively adapts to the reform and development of private education according to the newly revised Law on the Promotion of Private Education in People's Republic of China (PRC), and standardizes some basic issues of the establishment and approval of private primary and secondary schools, so that the approval of private primary and secondary schools can be brought into the track of the rule of law and promote the healthy and orderly development of private primary and secondary schools.
First, adhere to the law and regulations. According to "People's Republic of China (PRC) Private Education Promotion Law", "People's Republic of China (PRC) Private Education Promotion Law Implementation Regulations" and other laws and regulations, further refine the examination and approval authority, basis, conditions and procedures.
The second is to adhere to the problem orientation. In view of the practical problems in recent years, such as unclear approval authority and inadequate implementation of the responsibility of the management subject, this paper puts forward targeted solutions to ensure the healthy and orderly development of private education in our city.
The third is to persist in benefiting the people and facilitating the people. According to the requirement of "running at most once", standardize window acceptance, assist online declaration, simplify administrative examination and approval links and processes, and help optimize the business environment.
The fourth is to adhere to departmental coordination. Draw lessons from the successful experience of Shanghai and other places, solicit the opinions of relevant departments such as market supervision, civil affairs and people's society, further clarify the powers and responsibilities, and jointly promote the examination and approval of private schools.
Fourth, the core content of the notice
The "Notice" further clarified 22 key issues in five aspects: strengthening the approval leadership of private schools, clarifying the approval authority of private schools, grasping the approval basis of private schools, strictly approving conditions of private schools, and implementing the approval procedures of private schools. The core content is as follows.
The first is to strengthen organizational leadership. All localities are required to implement the main responsibility of examination and approval management, establish and improve the examination and approval management system in their own regions, strengthen supervision, and mediate relevant issues in a timely manner. All localities are required to incorporate the approval of private schools into the local education development plan and meet the relevant requirements of higher authorities. In accordance with the relevant provisions, the approved non-profit private primary and secondary schools (kindergartens) will be included in the fiscal budget at the corresponding level, special funds for education development will be implemented, and the policy of financial support for the development of private education at the corresponding level will be implemented.
The second is to clarify the approval authority. Local education administrative departments examine and approve primary schools, junior middle schools and private schools in the nine-year compulsory education stage. Counties (cities) with the authority to run high schools shall report to the Municipal Education Bureau for approval before approving private high schools, complete middle schools, twelve-year compulsory education schools and secondary vocational education schools. Among them, matters involving Sino-foreign cooperation in running schools must be examined and approved by the Municipal Education Bureau and submitted to the Provincial Education Department for examination and approval.
The third is to clarify the title requirements. The county (city) education administrative department and the functional area education administrative department accept the examination and approval of the school named "Ningbo", and with the consent of the local government and relevant departments, submit a written commitment of financial support for the school management right and territorial management, and submit a naming application to the Municipal Education Bureau. After approval, the territory will handle the examination and approval. The Municipal Education Bureau generally no longer accepts and approves private schools named after "Ningbo".
Verb (abbreviation of verb) notice stipulates the conditions for examination and approval.
According to the spirit of the relevant documents of the Ministry of Education and the Provincial Department of Education, combined with the number, layout and organization of private schools in our city, more detailed examination and approval conditions are put forward in terms of sponsors, school funding, school building standards, articles of association, decision-making bodies and school names.
1. Organizer. Individuals who run private schools should have People's Republic of China (PRC) nationality, have settled in China, have good credit standing, have no criminal record, and have political rights and full capacity for civil conduct.
Social organizations that run private schools shall have the legal personality of People's Republic of China (PRC) (hereinafter referred to as "People's Republic of China (PRC)"), have been officially registered for two years, have a good credit status, have not been included in the list of abnormal business operations of enterprises (or other social organizations) or the list of enterprises that are seriously illegal and untrustworthy, and have no bad records. Its legal representative has People's Republic of China (PRC) (China) nationality, has settled in China, has a good credit status, has no criminal record, and has political rights and full capacity for civil conduct.
2. School Fund. The sponsor shall have a legal and stable source of funds for running a school, and shall not use state financial funds, raise funds from students and their parents, or publicly raise funds for running a school. If the sponsor is the same social organization (or individual), it is generally allowed to set up 1 private schools; To apply for the establishment of two private schools, it is necessary to strictly examine the source of funds. The promoters shall fulfill their capital contribution obligations according to law. When a non-profit private school is established (formally established), it shall allocate enough start-up funds to the special account of the school, and there shall be proof that the bank funds are in place. The registered capital of a private school shall not be lower than the minimum amount stipulated by the state. When the establishment is approved, the proportion of paid-in capital of the promoters shall not be less than 60% of the registered capital. When formally established, the registered capital shall be paid in full.
3. School buildings. Schools should have relatively independent and fixed qualified places to run schools, and the school buildings must meet the building standards of primary and secondary schools (kindergartens) and obtain certificates of fire safety and environmental impact assessment.
Private schools should have their own school buildings. For schools that run schools by leasing school buildings, the lease term for primary schools shall be no less than 12 years, and the lease term for junior high schools, ordinary high schools, secondary vocational schools and kindergartens shall be no less than 6 years, and corresponding assets (funds) shall be used as the guarantee for running schools. The lease contract shall be renewed 3 years before the lease expires.
4. Articles of Association. The articles of association of private schools shall be legal and compliant, complete in content and standardized in expression.
5. Decision-making bodies. The composition of the decision-making body of a private school shall meet the statutory conditions, and it is forbidden for the sponsor to replace the decision-making body of the school with the functions and powers of its company or group.
6. Name of the school. The name of a private school shall conform to the Provisional Regulations on the Administration of Registration of Private Non-enterprise Units, Interim Provisions on the Administration of Names of Private Non-enterprise Units, Notice on the Administration of Registration of Names of For-profit Private Schools and other relevant national, provincial and municipal regulations.
The intransitive verb "Notice" standardizes the examination and approval procedure.
While complying with the relevant national, provincial and municipal regulations on the establishment, the Notice further refines and standardizes the examination and approval procedures for the establishment of private primary and secondary schools (kindergartens) by local education departments, including acceptance of applications, examination and evaluation, approval of establishment, examination and approval period, filing announcement, timely issuance of certificates, filing documents, etc.
Applicants who apply for holding private primary and secondary schools (kindergartens) should follow the following three procedures.
The first is to check the name of the school in advance. Before the establishment of private primary and secondary schools (kindergartens), the organizers shall, according to the attributes of the selected schools, go to the corresponding registration authorities to declare their names according to law and go through the formalities of name registration or approval. Among them, non-profit schools apply to the civil affairs department or editorial department for pre-registration, and the civil affairs department or editorial department issues a notice of registration; For-profit schools apply to the market supervision and management department for pre-approval of enterprise names, and the market supervision and management department issues the Notice of Pre-approval of Enterprise Names.
The second is pre-licensing. 1. Material submission. Organizers apply for school permission at the window of the Education Bureau of the municipal and county administrative service centers (or online through the Zhejiang Government Service Network). 2. Window comments. After preliminary examination by the window, if the application materials are complete and conform to the statutory form, it shall be accepted; If the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of all the materials that need to be supplemented at one time on the spot, and a written certificate shall be issued. 3. Review and approval. The administrative department of education shall conduct a comprehensive review of the contents of the application materials, organize on-the-spot investigation and evaluation in accordance with the relevant provisions, and issue written examination and approval opinions within the promised time limit. 4. Delivery of documents. The examination and approval authority shall issue a school-running license to a privately-run school approved for formal establishment; If the formal establishment is not approved, the reasons shall be explained in writing and served on the applicant.
The third is legal person registration. Choose non-profit, to the civil affairs department (or editorial department) for legal person registration; If you choose to make profits, you should go to the market supervision and management department to register the establishment of the company.
Seven, Ningbo education system administrative examination and approval window address and telephone number.
unit
Window contact address
administrative examination and approval
Window phone
Ningbo Education Bureau
Window 2039, Zone E, 2nd floor, Ning Chuan Road 190 1, Ningbo.
87 185502
Haishu district education bureau
3rd Floor, Administrative Service Center, No.298 Zhongshan West Road, Haishu District/window KLOC-0/8
872609 13
Jiangbei district education bureau
Window 5, Social and People's Livelihood Service Hall, 5th Floor, Yucai Road 165438 (Beitou Building), Jiangbei District
87629553
Zhenhai district Education Bureau
Zhenhai district Camel Street Jinhua South Road No.55-57, China Social Contradictions Federation receives the window of Education Bureau.
86276772
Beilun District Education Bureau
Social and People's Livelihood Comprehensive Reception Window, Building B, Administrative Center Building, No.773 Simingshan Road, Qi Xin Street, Beilun District
89384 125
Yinzhou district education bureau
H 1920 Permit Contact Window, 3rd Floor, Administrative Service Center, No.567 Jiang Hui Road, Yinzhou District
88226725
Fenghua district education bureau
Window E 12- 13 of social and people's livelihood affairs service area on the second floor of administrative service center, No.277 Dacheng East Road, Lin Yue Street, Fenghua District.
886890 18
Yuyao education bureau
No difference acceptance window on the second floor of administrative service center, No.2 Tan Jialing East Road, Yuyao City
62733 17 1
Cixi education bureau
Window 1 14, 2nd floor, Administrative Service Center, No.777 Sanbei Street, Cixi City
6396 1732
Ninghai county education bureau
8 1 Window, 3rd Floor, Administrative Service Center, No.5 Jinshui East Road, Taoyuan Street, Ninghai County
65 13 1776
Xiangshan county education bureau
Window No.38, second floor, No.300 Xiangshan Port Road, Xiangshan County
65733534
Daxie development zone society development security bureau
Window 32, West Hall, Administrative Service Center, Binhai South Road 1 165438, Daxie Development Zone
892839 16
Dongqianhu tourism resort area society management bureau
Window 30, first floor, Administrative Service Center, No.302 Yuquan South Road, Dongqianhu Town, Yinzhou District
88366944
Ningbo national gaoxin district education sports & culture bureau
No.997 Guangxian Road 1 Building No.70 Window, High-tech Zone
89288847
Ningbo Hangzhou wan new area education sports & culture bureau
No.45 and No.46, Floor 2, No.296 Xingci 1st Road, Hangzhou Bay New District, Andong Town, Cixi City
6399 173 1
6399 186 1
Original policy: notice on further standardizing the examination and approval of the establishment of private primary and secondary schools (kindergartens)
Policy Interpretation of "Implementation Measures for Changing Registration Types of Existing Private Schools in Ningbo"