Deadline for soliciting opinions: 65438+February 9, 2022.
Here are some personal opinions. At the same time, the full text of the document is attached at the end of the article, which is recommended to all teaching and training business owners and practitioners for reference:
First of all, this is a programmatic document, which provides a legal basis for the regulation and punishment of the later education and training industry.
Among them, the description of the contents of the document has changed from focusing on rectifying the quality education and subject training for children aged 6 months and above to all teaching and training programs (including online and offline) for children aged 3 years and above.
The fine penalty is moderate, mainly: below 50,000, above 50,000 and below 6,543.8+10,000. However, there are many departments responsible for supervision and implementation. There are not only off-campus training and education departments, but also market supervision administration and public security bureau.
It is clear that all teaching and training, no matter what business, should follow the rules and regulations to run schools legally. At the same time, it is also proposed to investigate and punish individuals for running schools privately, such as family education guidance and one-on-one running schools in cafes, which are included in supervision.
Therefore, in the next time, the rectification of the whole teaching and training industry will focus on "license compliance and financial compliance". This is a major prerequisite for continuing to run schools in the future.
Correspondingly, the corresponding implementation rules such as norms and supervision in all aspects in the future will gradually land. Focus on the future 1-2 years.
It is suggested that all business owners read it through, understand its meaning carefully and sit down accordingly.
The attachment reads as follows:
Interim Measures for Administrative Punishment of Off-campus Training
(Draft for Comment)
Chapter I General Provisions
Article 1 In order to implement the fundamental task of cultivating Lide Shu Ren, develop quality education, strengthen the supervision of off-campus training, standardize the administrative punishment behavior of off-campus training, and protect the legitimate rights and interests of natural persons, legal persons and other organizations, these Measures are formulated in accordance with the Administrative Punishment Law, the Law on the Protection of Minors, the Law on the Promotion of Private Education, the Implementation Regulations of the Law on the Promotion of Private Education and other relevant laws and regulations.
Article 2 These Measures shall apply to natural persons, legal persons or other organizations that recruit preschool children and primary and secondary school students over 3 years old for the society and illegally carry out off-campus training, and shall be given administrative punishment.
Article 3 The implementation of administrative punishment for off-campus training shall follow the principles of fairness and openness, adhere to the combination of punishment and education, and combine leniency with severity, so that the facts are clear, the evidence is conclusive, the basis is correct, the procedure is legal and the punishment is appropriate.
Article 4 The competent department of off-campus training and its staff shall keep confidential the state secrets, business secrets and personal privacy that they know in the process of implementing administrative punishment according to law.
In order to perform their statutory duties, the competent department of off-campus training and its staff shall handle personal information in accordance with the authority and procedures prescribed by laws and regulations, and shall not exceed the scope and limits necessary to perform their statutory duties.
Article 5 The types of administrative penalties for off-campus training include:
(a) warning, informed criticism;
(two) fines, confiscation of illegal income, confiscation of illegal property
(three) ordered to suspend business;
(4) Revoking the license;
(5) restricting employment;
(six) other administrative penalties prescribed by laws and regulations.
Chapter II Implementing Organs, Jurisdiction and Application
Article 6 The administrative punishment for off-campus training shall be implemented by the competent department of off-campus training of the people's government at or above the county level in accordance with the authority of administrative punishment. The competent department of off-campus training shall be determined by the provincial people's government according to the relevant provisions of the state.
The administrative punishment of off-campus training shall be implemented by the comprehensive administrative law enforcement organs, and the competent department of off-campus training shall establish a working mechanism of administrative law enforcement information interconnection, law enforcement process cooperation and timely feedback of law enforcement results with the comprehensive administrative law enforcement departments.
The administrative punishment for off-campus training shall be implemented by the township people's government and the street offices, and the competent department of off-campus training shall strengthen the organization and coordination, business guidance and law enforcement supervision of the administrative punishment for off-campus training in township streets.
Article 7 The competent department of off-campus training may, within the statutory authority, entrust an organization that meets the conditions stipulated in the Administrative Punishment Law with the implementation of administrative punishment in writing.
The power of attorney shall specify the specific matters, authority, time limit and other contents entrusted. The entrusting department and the entrusted organization shall publish the power of attorney to the society.
The entrusting department shall supervise the behavior of the entrusted organization to implement administrative punishment, and bear legal responsibility for the consequences of this behavior.
The entrusted organization shall implement administrative punishment in the name of the entrusted department within the scope of entrustment, and shall not entrust other organizations or individuals to implement administrative punishment.
Article 8 The administrative punishment for illegal off-campus training shall be under the jurisdiction of the off-campus training department of the people's government at the county level where the illegal act occurred. Where the place where the illegal act occurs is inconsistent with the place where the institution examines and approves, the relevant departments of the place where the institution examines and approves shall provide assistance according to law.
Administrative penalties for illegal acts of online off-campus training institutions that have been approved shall be under the jurisdiction of the examination and approval authorities of the institutions. The competent department of off-campus training of the provincial people's government may also have jurisdiction if it finds illegal clues or receives complaints and reports in advance. Unauthorized online off-campus training activities shall be under the jurisdiction of the off-campus training department of the provincial people's government where the illegal act occurred or the damage result occurred.
Ninth more than two off-campus training departments have jurisdiction over the same off-campus training violations, which shall be under the jurisdiction of the first off-campus training department.
Any dispute over jurisdiction shall be settled through consultation. If negotiation fails, it shall be submitted to the competent department of off-campus training at the next higher level for designation of jurisdiction; It can also be directly assigned to the jurisdiction of the off-campus training department at the next higher level.
The competent department of off-campus training shall transfer the case to the competent department of off-campus training if it finds that the case filed for investigation is not under its jurisdiction. If the transferred off-campus training department has any objection to the jurisdiction, it shall report to the off-campus training department at the next higher level for designation of jurisdiction, and shall not transfer it by itself.
Article 10 When the competent department of off-campus training of the people's government at a higher level deems it necessary, it may transfer the cases under its jurisdiction to the competent department of off-campus training of the people's government at a lower level. You can also directly investigate and deal with illegal cases of off-campus training under the jurisdiction of lower departments, or hand over illegal cases of off-campus training under the jurisdiction of a lower department to other lower departments.
Eleventh local people's governments at all levels in charge of off-campus training found that the illegal activities of off-campus training are suspected of violating public security and entry-exit management, it should be promptly transferred to the public security organs for punishment; Anyone suspected of committing a crime shall be promptly transferred to judicial organs in accordance with relevant regulations, and criminal responsibility shall be investigated according to law.
Twelfth parties to the same off-campus training violations, shall not be given more than two administrative penalties of fines.
If the same off-campus training violation violates multiple legal norms and should be fined, it shall be punished in accordance with the provisions of high fines.
Thirteenth any of the following circumstances, should be given a lighter or mitigated administrative punishment:
(a) take the initiative to eliminate or mitigate the harmful consequences of illegal acts;
(2) Being coerced or tricked into committing an illegal act by others;
(three) take the initiative to confess the illegal acts that the competent department of off-campus training has not mastered;
(four) with the competent department of off-campus training to investigate and deal with illegal acts with meritorious service;
(five) other laws, regulations and rules shall be given a lighter or mitigated administrative punishment.
Article 14 A party shall not be punished under any of the following circumstances, but shall be educated:
(a) the illegal behavior of off-campus training is minor and corrected in time, without causing harmful consequences;
(two) the first violation of the law and the harmful consequences are minor and corrected in time;
(three) the parties have sufficient evidence to prove that they have no subjective fault;
(four) the illegal act has exceeded the limitation of punishment;
(five) other circumstances in which laws, regulations and rules shall not be punished.
Fifteenth any of the following circumstances, shall be given a heavier punishment according to law:
(a) the violation of the implementation of off-campus training occurs again within two years after being dealt with;
(two) the harmful consequences are serious, causing serious adverse social impact;
(3) Violating emergency measures at the same time;
(4) Forging, altering, transferring or destroying evidence;
(five) refusing, obstructing or threatening administrative law enforcement personnel to enforce the law by violence;
(six) other laws, regulations and rules shall be given a heavier punishment.
Chapter III Illegal Acts and Penalties
Sixteenth natural persons, legal persons or other organizations to carry out off-campus training without approval, and meet the following conditions, constitute the unauthorized establishment of off-campus training institutions. The off-campus training department of the local people's government at the county level shall, jointly with the relevant departments of public security, civil affairs or market supervision and management at the same level, order it to stop holding, refund the fees already collected, and impose a fine of more than 5 times the illegal income/kloc-0.
(a) offline training has a fixed training place, and online training has a specific website or application;
(two) there are more than two training practitioners;
(3) Having a corresponding organizational structure.
Seventeenth natural persons, legal persons or other organizations in violation of the provisions of disguised off-campus training, one of the following acts, by the local people's governments at or above the county level in charge of off-campus training in conjunction with other relevant departments shall be ordered to make corrections, refund the fees charged, give a warning or informed criticism; If the circumstances are serious, a fine of 50 thousand yuan shall be imposed; If the circumstances are particularly serious, a fine of not less than 50,000 yuan but not more than 654.38+10,000 yuan shall be imposed:
(a) to carry out off-campus training through instant messaging, online meetings, live broadcast platforms and other means;
(two) the use of residential buildings, hotels, cafes and other places to carry out "one-on-one" and "one-on-many" and other off-campus training;
(3) Carrying out paid subject training in the name of consultation, cultural communication, quality development, thinking training, domestic service, family education guidance, home school, crowdfunding private education, study tour, research, summer camp, trusteeship, etc.;
(four) other off-campus training that is not approved and does not meet the conditions stipulated in Article 16 of these Measures.
Eighteenth natural persons, legal persons or other organizations know or should know that there are illegal off-campus training activities and provide places for off-campus training, the off-campus training department of the people's government at or above the county level in conjunction with other relevant departments shall order it to make corrections within a time limit; Those who refuse to make corrections within the time limit shall be given a warning or informed criticism.
For example, network platform operators provide services for their users to carry out online off-campus training through instant messaging, online meetings and live broadcast platforms. , the provisions of the preceding paragraph shall apply.
Nineteenth off-campus training institutions beyond the scope of examination and approval, without changing the training category, one of the following acts, the people's governments at or above the county level or other relevant departments shall be ordered to make corrections within a time limit and give 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 suspend business or revoke its license:
(a) offline training institutions to carry out online off-campus training;
(2) Online training institutions carry out offline off-campus training;
(three) non-disciplinary training institutions to carry out off-campus training;
(four) discipline training institutions to carry out non-discipline off-campus training;
(five) offline training institutions to carry out training activities beyond the approved places.
Twentieth off-campus training institutions in violation of laws, administrative regulations and relevant provisions of the state to carry out training activities, or management confusion, one of the following acts, by the people's government at or above the county level off-campus training departments or other relevant departments shall be ordered to make corrections within a time limit, given 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 suspend business or revoke its license:
(a) in violation of the national education policy, deviate from the socialist direction of running schools, and hinder the implementation of the national education system;
(two) the training content violates laws and regulations and the relevant provisions of the competent department of off-campus training in the State Council, which affects the physical and mental health of minors;
(three) joint enrollment with primary and secondary schools and other violations of enrollment regulations;
(four) to carry out subject training in advance;
(five) the training time is in violation of laws and regulations and the relevant provisions of the competent department of off-campus training in the State Council;
(six) the employment and management of employees and part-time staff in off-campus training institutions violates laws and regulations and the relevant provisions of the competent department of off-campus training in the State Council;
(seven) the price, behavior and management of off-campus training institutions in violation of laws and regulations and the relevant provisions of the competent department of off-campus training in the State Council;
(eight) online off-campus training includes online game content and links unrelated to training;
(nine) the network off-campus training did not save the training content, training data and on-site training images in accordance with the relevant provisions of the competent department of off-campus training in the State Council;
(ten) other acts in violation of Article 62 of the Law on the Promotion of Private Education and Article 63 of the Regulations on the Implementation of the Law on the Promotion of Private Education.
If an off-campus training institution commits the acts specified in Items (1), (2) and (3) of the preceding paragraph, it shall be given a heavier punishment.
Article 21 If an off-campus training institution organizes or participates in social competitions for preschool children and primary and secondary school students over 3 years old without authorization, the education administrative department of the people's government at or above the county level shall, jointly with other relevant departments, order it to make corrections, refund the fees charged, and give a warning or informed criticism; If the circumstances are serious, a fine of 50 thousand yuan shall be imposed; If the circumstances are particularly serious, a fine of not less than 50,000 yuan but not more than 6.5438+10,000 yuan shall be imposed.
Twenty-second off-campus training institutions have the acts specified in Article 19 and Article 20 of these Measures, and the off-campus training department or other relevant departments may give a warning to the person in charge of the decision-making body, the administrative person in charge and the person directly responsible; If the circumstances are serious, according to the provisions of Article 64 of the Regulations on the Implementation of the Law on the Promotion of Private Education, the relevant responsible persons shall be punished for restricting employment.
Article 23 If the organizers of off-campus training institutions and their actual controllers, decision-making bodies or members of supervision institutions violate the provisions of Article 62 of the Regulations on the Implementation of the Law on the Promotion of Private Education, the off-campus training departments of the people's governments at or above the county level or other relevant departments shall order them to make corrections within a time limit according to the division of responsibilities. If there is illegal income, the illegal income shall be confiscated after the fee is refunded; If the circumstances are serious, according to the provisions of Article 62 of the Regulations on the Implementation of the Law on the Promotion of Private Education, employees shall be punished for restricting employment.
Twenty-fourth off-campus training institutions in violation of other laws and regulations, illegal advertising, illegal pricing, illegal handling of personal information and other acts, by the relevant departments within the scope of their respective duties in accordance with relevant laws and regulations will be punished.
Chapter IV Punishment Procedure and Execution
Twenty-fifth off-campus training departments found suspected of violating relevant laws, regulations and rules of off-campus training, should conduct a preliminary examination, meet the following conditions, should be placed on file:
(a) there is a clear suspicion of violating the law;
(2) There is evidence to preliminarily prove the existence of illegal facts;
(three) shall be given administrative punishment according to law;
(4) Being under the jurisdiction of this department;
(5) Not exceeding the statutory penalty limit.
Filing a case shall fill in the filing approval form and report it to the person in charge of the department for approval.
Twenty-sixth for the case that has been filed, it is found that it does not meet the filing conditions stipulated in Article 25 of these Measures, and the competent department of off-campus training shall revoke it.
Twenty-seventh off-campus training departments should conduct a comprehensive, objective and impartial investigation, collect relevant evidence, and make investigation transcripts and inquiry transcripts. , and may exercise the following functions and powers in the process of investigation:
(a) to conduct on-site investigation of the places where the parties are suspected of illegal activities;
(two) ask the parties or relevant personnel;
(three) to consult and copy contracts, documents, account books, advertisements, promotional materials, rosters and other relevant materials related to suspected illegal training;
(four) in the case that the evidence may be lost or difficult to obtain in the future, with the approval of the person in charge of the off-campus training department, it can be registered and preserved in advance, and a decision can be made in time within seven days;
(five) other functions and powers as prescribed by laws, regulations and rules.
Twenty-eighth cases to be given administrative punishment, before making a decision on administrative punishment, the competent department of off-campus training shall inform the parties in writing of the contents, facts, reasons and basis of the proposed administrative punishment, and inform the parties that they have the right to state and defend themselves.
If the parties make statements and arguments, the competent department of off-campus training shall fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties. If the facts, reasons or evidence put forward by the parties are established, the competent department of off-campus training shall adopt them.
Twenty-ninth off-campus training departments to make the following administrative punishment decision, it shall inform the parties have the right to request a hearing:
(a) a fine of more than 30 thousand yuan for a natural person, and a fine of more than 65438+ 10 thousand yuan for a legal person or other organization;
(two) the confiscation of illegal income of 654.38 million yuan;
(three) the administrative penalties in items (three), (four) and (five) of Article 5 of these Measures;
(four) other circumstances stipulated by laws, regulations and rules.
If a party requests a hearing according to law, the institution responsible for legal review of the off-campus training institution shall organize the hearing procedure in accordance with the Administrative Punishment Law and other relevant laws and regulations. After the hearing, the competent department of off-campus training shall make a decision according to the transcripts of the hearing.
Thirtieth parties within five days from the date of notification, did not exercise the right to state and defend, and did not request a hearing, as a waiver of this right.
Thirty-first off-campus training departments shall order the parties to make corrections within a time limit before making a decision on administrative punishment. If the party concerned makes corrections in time, it may be given a lighter, mitigated or exempted punishment according to law.
Thirty-second administrative penalties shall be given to the following complex or major illegal acts, and the institutions responsible for legal review of off-campus training institutions shall conduct legal review. No decision shall be made without statutory examination or unqualified examination;
(a) involving major public interests;
(2) Straight line