Simply put, if a non-profit organization or institution has a school license, it can run a school. For-profit organizations or institutions with school licenses must apply for business licenses before teaching.
Relevant laws and regulations:
People's Republic of China (PRC) Private Education Promotion Law;
Regulations on the Implementation of People's Republic of China (PRC) Private Education Promotion Law;
Notice of the general office of the Ministry of Education and other four departments on effectively reducing the extracurricular burden of primary and secondary school students and carrying out special governance actions of off-campus training institutions.
Of course, these laws are all oriented to the whole country, and the specific implementation in the local area should be subject to the relevant local laws and regulations. Therefore, the details should be based on the management measures of private training schools in this city and the specific management measures of educational administrative units in this area.
Extended data:
1. Confirm the school-running indicators
Some areas have limited indicators for running schools. Before handling, you should go to the street office and the Education Bureau for the record and ask if there are any indicators. Only with indicators can we proceed to the next step.
2. Change the nature of land use
If there are local indicators, and you also have a site, the nature of land use is office and comprehensive, the next step is to change the nature of housing use, in which comprehensive land use is changed to training institutions, and some places need to pay the fees for changing the nature of land use to the Ministry of Land and Resources.
If the nature of your site is residential and industrial, it cannot be changed in principle. Please read the relevant local functional departments for publicity.
Find a venue
Principals with venues can change the nature of land use according to regulations, and principals without venues need to find venues temporarily.
When looking for a venue, in addition to the area and lease term mentioned in the preconditions, the following points should also be paid special attention to:
Nature of land use: comprehensive or office;
Floor requirements: Early education and preschool education institutions require 3 floors and below; For the floor requirements of specific subjects, consult relevant local departments;
Fire protection requirements: some areas require the site to be equipped with two-way access, front and rear doors, etc.
On-site decoration: it is suggested that the fire brigade recommend the fire company to do fire decoration, and the fire acceptance is recommended to be outsourced;
Lease contract: When renting a house, ask the landlord first whether the overall fire protection of the house has been approved.
Before signing the lease contract, you can invite the relevant personnel of the Education Bureau to go out for inspection, and then sign it after passing the examination.
4. Name pre-approval
After the site is ready, review the name of the organization. Among them, for-profit (xx Co., Ltd.) applies to the Industrial and Commercial Bureau, and non-profit (XX Training School/Center) applies to the Civil Affairs Bureau. At that time, you need to fill out a form like this:
(Name sample of pre-approval form)
When submitting the name for approval, the name format must be correct, just like this: xx City +xx District+School Name+Training School (see local naming method for details).
After the audit here is completed, the relevant materials will be submitted to the Education Bureau for the record, and the Declaration of Consent Organization issued by the Education Bureau will be obtained. However, "agreeing to the organization's application" does not mean running a school license. If classes are started at this time, there will still be legal risks.
5. Obtain a business license
Since you have chosen to run a profit-making training school, a business license is necessary. Generally speaking, obtaining a business license requires the following:
(1) hosting conditions
To run a school in the name of a social organization, the social organization must have an independent legal personality;
To run a school in the name of an individual, the sponsor intends to stipulate that the legal representative should have political rights and full capacity for civil conduct.
(B) school funding requirements
The fixed assets of the school should reach more than 200,000 yuan, and the minimum registered capital should not be less than 65,438+10,000 yuan.
(3) Application materials
A copy of the Request for Instructions on Bid for Private Vocational Training Schools;
"Approval Form for Private Vocational Training Schools" in triplicate;
A copy of the qualification certification materials of the promoters (including organization code certificate, business license and ID card of the legal representative);
A copy of the fixed assets appraisal and registered capital verification report and certificate issued by the legal institution;
Copy of the ownership certificate of the school building (if leased, the owner's ownership certificate shall be issued and the lease contract shall be provided).
Provide a list of major facilities and equipment and a copy of the corresponding equipment purchase invoice;
Articles of association, development plan and various management systems of the school;
Teaching (training) plans, outlines and teaching materials corresponding to the training occupation (type of work);
Principals, teaching administrators and vocational guidance personnel; Provide copies of professional title (qualification) certificate, academic certificate and relevant work experience, and employment agreement;
List of teaching staff; Provide ID card, professional title (qualification) certificate, academic certificate, copy of teacher qualification certificate and employment agreement.
6. School fire permit
Many principals report that the school fire permit is the most difficult part in the qualification process, and a little detail will affect the audit results.
Let's look at the process first:
First, go to the local fire service hall for consultation and get relevant information to prepare;
Bring the prepared materials to the service window for entry, and participate in spot checks for the record;
If not, enter the decoration approval process to prepare for decoration;
If you smoke, you need to go through the formalities and wait for the on-site inspection by the staff; ?
After the acceptance, the decoration will start, and after the completion, it will enter the acceptance stage;
Submit the materials required for examination and approval;
Generally, a written fire certificate will be given within 20 working days (depending on the efficiency of relevant departments), and written rectification opinions will be given if it is unqualified.
Let's look at the information that needs to be submitted:
(1) Information required for fire record preservation
(1) Application Form for Fire Control Audit of Building Fire Protection Design;
(2) Application Form for Fire Control Audit of Automatic Fire Control Facilities Design;
(3) The approval documents of the Planning Commission, planning, land and other competent departments and other relevant documents (land ownership certificate or lease agreement and its copy, meeting minutes, leadership approval, etc.). );
④ 1∶500 general plan and outdoor fire water supply plan;
(five) the building plan, elevation and section;
⑥ Design drawings and calculations related to fire protection (including fire water supply, power supply, ventilation, air conditioning, automatic fire alarm system, automatic sprinkler system and smoke control and extraction system);
⑦ For industrial projects, the production process flow chart and description shall be submitted separately (indicating the variety, quantity, specification, flash point, ignition point, explosion limit and storage mode of raw materials and products);
Tips:
(1) Forms that need to be filled in and submitted can be obtained from the service window or related websites, and can be filled in and submitted according to actual needs;
(2) Written proof of site qualification shall require the landlord or property to provide these materials for subsequent use before signing the site agreement;
(3) Copies of most materials can be provided, and some materials need originals or copies with official seals. The specific management methods in each region are different, so it is necessary to inquire about doing homework in advance;
(4) At the same time of filing, the decoration can be submitted for approval and the construction permit can be obtained.
(2) Examination and approval of materials needed for decoration
(1) declaration form for fire control audit of building interior decoration;
(2) the qualification certificate and copy of the construction unit;
(3) the property right certificate or lease agreement of the renovated house and its copy;
(4) The original "Architectural Fire Protection Design Fire Protection Audit Opinion" for the renovated building;
(5) Decoration plan, elevation and section;
⑥ Central air conditioning system diagram and design calculation;
All landowners fire control system design drawings and design calculation.
Tips:
① The most troublesome thing to obtain a fire permit is some fine conditions: aisle width, ventilation area, fire hydrant/fire sprinkler/smoke alarm/fire alarm and other related fire requirements. Brand, specification, density and quantity have long and hard rules, and one of them may need to be rectified if it fails to pass the customs. The key point is that some sites lack congenital conditions and do not have rectification conditions;
(2) Try to have a good relationship with firefighters during decoration, and it is best to come to the site for specific guidance, which will improve the efficiency and quality of decoration and greatly increase the chances of passing;
(3) Find the landlord or property for the original qualification certification materials on site, and most of the materials that are not available can borrow links;
(4) If the ability and energy permit, you can also hire someone to decorate yourself, which can really save a lot of money. The qualification of the construction unit can be borrowed and linked.
(3) Information required for fire control acceptance
(1) application form for building fire protection acceptance;
(2) Review opinions on building fire protection design;
(3) Design changes, meeting minutes and other documents approved by public security fire control institutions;
(4) Project completion drawings;
(five) the relevant information of various fire protection products and a copy of the purchase and sale contract;
⑥ Copies of relevant materials and construction contracts of all fire control engineering construction units;
All landowners construction records (including concealed engineering acceptance records and related test reports);
Today, the power of attorney for technical inspection of automatic fire-fighting facilities in construction projects and the debugging and inspection report of relevant fire-fighting facilities;
Pet-name ruby self-inspection report of the construction unit and the construction unit;
Attending the fire facilities inspection report issued by the inspection agency with fire facilities inspection qualification;
Tips:
(1) Pay attention to collecting and preparing all materials to be submitted and related specific requirements in advance;
(2) The fire-fighting products and facilities in the site have product supply certificates, and the manufacturers must provide relevant written certificates for the record when purchasing; If a certain number of fire-fighting facilities are installed before moving in, ask the landlord for relevant information before signing the contract;
(3) At this stage, some areas still need to provide the fire training certificates of the responsible persons and managers, and some areas can make up for it later. Ask this clearly in advance, because you have to take courses and exams at the designated place.
Regulations of People's Republic of China (PRC) Municipality on the Administration of Enterprise Legal Person Registration-China Government Network