People's Republic of China (PRC) Private Education Promotion Law
Amendment (draft)
(Second review draft)
Article 18 is amended as: "The organizers of private schools may choose to run non-profit or for-profit private schools.
"The organizers of non-profit private schools shall not obtain school income, and the school balance shall be used for running schools.
"The organizers of for-profit private schools can obtain school income, and the school balance is distributed in accordance with the Company Law and other relevant laws and administrative regulations." After obtaining the license for running a school according to law, a private school shall register as a legal person, which shall be handled by the registration authority according to law. "Two, the first paragraph of Article 37 is changed into two paragraphs as the first and second paragraphs, and is amended as:" The charging items and standards of private schools are determined according to factors such as running costs and market demand, and announced to the public. "The 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 subject to market regulation and are decided by the schools themselves. " 3. Article 45 is amended as: "People's governments at or above the county level may take measures such as purchasing services, student loans, scholarships, leasing and transferring idle state-owned assets to support private schools; Support measures such as government subsidies, fund incentives and donation incentives can also be taken for non-profit private schools. " 4. Article 46 is amended as: "Private schools shall enjoy the tax preferential treatment stipulated by the state; Among them, non-profit private schools enjoy the same tax benefits as public schools. " Article 50 is amended as: "When building or expanding non-profit private schools, the people's government shall give preferential treatment in the form of allocation in accordance with the relevant provisions on land use and construction for public welfare undertakings.
"Educational land shall not be used for other purposes."
Six, delete fifty-first.
Seven, change Article 59 to Article 58, and the second paragraph is amended as: "The surplus property of non-profit private schools after paying off the above debts will continue to be used for education. The remaining property of for-profit private schools after paying off the above debts shall be distributed in accordance with the relevant provisions of the Company Law. " 8. Article 64 is renumbered as Article 63 and amended as: "If a private school is established without authorization in violation of the relevant provisions of the state, the education administrative department, human resources and social security department of the local people's government at or above the county level shall, in conjunction 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 not less than 5 times the illegal income/kloc-0; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If it constitutes a crime, criminal responsibility shall be investigated according to law. "
Nine, delete sixty-sixth.
Ten, seventh, eighth, eleventh in the "labor and social security administrative departments" to "human resources and social security departments", sixty-third in the "administrative punishment" to "punishment". This amendment shall come into force as of. Private schools established before the implementation of this amendment shall be adjusted according to this amendment within three years after the implementation of this amendment. If the adjustment is made within three years, the investor may be given a one-time reasonable compensation from the balance or surplus property after the financial liquidation of the school upon the application of the investor. Compensation should take into account the investor's original investment, school efficiency and reasonable return. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
"People's Republic of China (PRC) Private Education Promotion Law" is revised and re-promulgated according to this amendment.
Explanation on the Revision of Private Education Promotion Law (Draft)
The 16th meeting of the Standing Committee made a preliminary deliberation on the amendment (draft) of the Law on the Promotion of Private Education. After the meeting, the Legal Affairs Committee issued the draft amendment to all provinces (autonomous regions and municipalities directly under the Central Government), some cities divided into districts, relevant central units, universities and grassroots legislative contact points for comments. The draft amendment was published on China People's Congress website for public comments. The Law Committee, the Education, Culture, Health and Legal Affairs Committee jointly held a forum to listen to the opinions of some NPC representatives, relevant departments, schools and experts. The Law Committee and the Legal Affairs Committee held a symposium on the classified management of private schools, listened to the opinions of some local education administrative departments and private schools, and went to Hunan, Beijing, Shanghai, Zhejiang, Guangdong and other places for investigation and exchange views with relevant departments on the main issues in the draft amendment. The Law Committee held a meeting on June 27th. 165438+. According to the deliberation opinions of the members of the Standing Committee and opinions from all sides, the draft amendment was reviewed one by one. Responsible comrades from the Education, Science, Culture and Health Commission, the Legislative Affairs Office of the State Council and the Ministry of Education attended the meeting as nonvoting delegates. 65438+February 15, the Law Commission held a meeting and deliberated again. The Law Committee believes that in order to meet the needs of economic and social development and education reform, it is necessary to amend the Law on the Promotion of Private Education. The draft amendment has made targeted amendments to some problems of accurate and insightful people in the education reform and development, which is relatively mature. At the same time, the following main amendments are put forward:
Articles 1 and 2 of the draft amendment to the Law on the Promotion of Private Education stipulate that private schools can choose to register as non-profit or for-profit legal persons and enjoy corresponding preferential policies. Some members of the Standing Committee, localities, departments and the public suggested that specific provisions should be made on the criteria for the division of these two types of schools. Some members of the Standing Committee also suggested that the reform of classified management of private schools is still being explored, and it is suggested that there is no hurry to amend the law. The Law Committee believes that the reform of classified management of private schools is an important part of the revision of the three laws and has positive significance for promoting the healthy development of private education. The Outline of the National Medium and Long-term Education Reform and Development Plan (20 10-2020) requires that classified management of for-profit and non-profit private schools should be actively explored. Since 20 10, the Ministry of Education has promoted the pilot reform of classified management in private schools in Shanghai and Wenzhou, Zhejiang, and accumulated some experience. On the basis of summing up experience and in accordance with the relevant spirit of the central authorities, relevant laws and regulations should be revised and improved in time to provide a legal basis for reform. According to the deliberation opinions of the members of the Standing Committee and the opinions of all parties, it is suggested to make the following amendments: First, the criteria for dividing the two types of schools are clarified, and the provisions are added: "The organizers of non-profit private schools are not allowed to obtain school income, and all the school balances are used for running schools." "The organizers of for-profit private schools can obtain school income, and the school balance is distributed in accordance with the Company Law and other relevant laws and administrative regulations." The second is to clarify the preferential treatment enjoyed by the two types of schools, stipulating that: "People's governments at or above the county level can take measures such as purchasing services, student loans, scholarships, leasing and transferring idle state-owned assets to support private schools; Support measures such as government subsidies, fund incentives and donation incentives can also be taken for non-profit private schools. " "Private schools enjoy preferential tax policies stipulated by the state; Among them, non-profit private schools enjoy the same tax benefits as public schools. " "When building or expanding a non-profit private school, the people's government shall give preferential treatment in the form of allocation in accordance with the relevant provisions on land use and construction for public welfare undertakings." The third is to clarify the disposal of the remaining property when the two types of schools terminate, and stipulate that the remaining property of non-profit private schools after paying off debts will continue to be used for education. The surplus property of for-profit private schools after paying off debts shall be distributed in accordance with the relevant provisions of the Company Law. Fourth, in order to ensure the smooth progress of the classified management reform of private schools, corresponding transitional arrangements have been made for the private schools that have been established at present, and a provision has been added in the amendment: "Private schools established before the implementation of this amendment shall be adjusted according to this decision within three years after the implementation of this amendment. If the adjustment is made within three years, the investor may be given a one-time reasonable compensation from the balance or remaining property after the financial liquidation of the school upon the application of the investor. Compensation should take into account the investor's original investment, school efficiency and reasonable return. The specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. " (Articles 1, 3, 5 and 7 of the Second Draft of the Amendment to the Law on the Promotion of Private Education)
In addition, the provisions on legal liability have been revised and improved, and some text changes have been made to the draft amendment.