Notice on printing and distributing the Interim Measures for the administration of private vocational training institutions in Hubei Province
The labor and social security bureaus of cities, prefectures, municipalities directly under the central government and forest areas, and relevant units of the central government in Hubei provinces:
The Interim Measures for the Administration of Private Vocational Training Institutions in Hubei Province are hereby printed and distributed to you, please implement them carefully. Please report the situation and problems in the implementation to the Training Department of the Provincial Labor and Social Security Department in a timely manner.
Attachment: Interim Measures for the Administration of Private Vocational Training Institutions in Hubei Province
Hubei Provincial Department of Labor and Social Security
May 3, 20041day
Interim Measures for the Administration of Private Vocational Training Institutions in Hubei Province
Chapter I General Principles
Article 1 In order to strengthen the management of private vocational training institutions in our province, earnestly safeguard the legitimate rights and interests of organizers and trainees, standardize the order of running schools, improve the quality of training, and promote the healthy development of private vocational training, according to the Private Education Promotion Law of People's Republic of China (PRC) (hereinafter referred to as the Private Education Promotion Law) and the Implementation Regulations of the Private Education Promotion Law of People's Republic of China (PRC) (hereinafter referred to as the Implementation Regulations), combined with the actual situation of our province,
Article 2 The term "private vocational training institutions" as mentioned in these Measures refers to education and training institutions organized by social organizations or individuals other than state institutions for the society with non-state financial funds, focusing on vocational skills training, skill level training, employment training and other adaptive training.
Article 3 Private vocational training is a public welfare undertaking and an integral part of socialist education, which should be actively encouraged, strongly supported, correctly guided and managed according to law.
Article 4 The administrative department of labor security of the people's government at or above the county level shall be responsible for the management of private vocational training institutions within its scope of duties in accordance with these Measures.
(1) Responsibilities of the provincial labor and social security administrative department: responsible for managing the private vocational training in the province, formulating the development plan, policies and management regulations of the private vocational training in the province, and inspecting and guiding the private vocational training in the province; To examine and approve private vocational training institutions whose main task is to train advanced skilled workers and private vocational training institutions that recruit students for the whole province, and issue school licenses; To be responsible for managing the recruitment advertisements and brochures of private vocational training institutions approved at the same level, and providing educational administration and teaching guidance; Responsible for the unified printing of relevant certificates of private vocational training institutions in the province.
(2) Responsibilities of the municipal labor and social security administrative department: Manage local private vocational training, and formulate measures for the administration of local private vocational training institutions according to the relevant provisions of the state and the province; To examine and approve private vocational training institutions in the region that mainly train intermediate vocational skills, issue school licenses, and report to the provincial labor and social security administrative departments for the record; Providing educational administration and teaching guidance to the approved private vocational training institutions; Responsible for the management of enrollment advertisements and enrollment brochures approved by private vocational training institutions at the same level.
(three) the responsibilities of the administrative department of labor and social security of the county (city): to manage the private vocational training within their respective jurisdictions; To examine and approve private vocational training institutions in the region that mainly train primary vocational skills, issue school licenses, and report to the administrative department of labor security at the next higher level for the record; Providing educational administration and teaching guidance to the approved private vocational training institutions; Responsible for the management of enrollment advertisements and enrollment brochures approved by private vocational training institutions at the same level.
Chapter II Establishment of Private Vocational Training Institutions
Article 5 An application for the establishment of a private vocational training institution shall be handled in accordance with the relevant laws, regulations and rules of the state.
Article 6 The basic conditions for applying for the formal establishment of a private vocational training institution are as follows:
(a) the unit applying for the establishment of a private vocational training institution shall have the qualification of a legal person; Individuals applying for the establishment of private vocational training institutions shall have political rights and full capacity for civil conduct.
(two) should be equipped with a full-time principal. The headmaster should have a college degree or above, intermediate professional title or national vocational qualification level 3 or above, have more than 2 years of vocational education and training experience, and be familiar with national vocational training policies, laws and regulations.
(three) should be equipped with full-time teaching management personnel. Full-time teaching management personnel should have college education or above, intermediate professional titles or advanced vocational qualifications, have more than 2 years of vocational education and training experience, and have rich teaching management experience.
(four) should be equipped with full-time and part-time teachers with reasonable structure to adapt to the scale of running a school. Full-time teachers are generally not less than 1/4 of the total number of teachers, and each major (according to the teaching class) is equipped with at least 2 professional theory teachers and practice guidance teachers. Among them, theory teachers should have the corresponding qualifications for their teaching posts, and production practice instructors should have the corresponding qualifications for their teaching posts, such as senior vocational qualification certificates or intermediate professional and technical posts.
(five) there should be places and experimental facilities and equipment suitable for the scale of running a school. Having office space; The teaching place of theoretical courses should reach more than 300 square meters, without dangerous buildings, with good lighting and ventilation conditions, and complete facilities such as tables, chairs, platforms and blackboards; There is an operating place to meet the needs of practical teaching, and it meets the safety regulations of environmental protection, labor protection, safety, fire control and hygiene of relevant types of work. Among them, the leased house and equipment must have a legal and effective lease contract with a lease term of not less than three years. Practice, experimental facilities, equipment and practice stations can basically meet the needs of teaching and skill training.
To recruit students, their accommodation places should comply with the relevant provisions of environmental protection, safety, fire protection, health and so on.
(six) there should be a teaching plan, syllabus and teaching materials corresponding to the professional setting. The teaching plan, syllabus and teaching materials of vocational qualification training shall conform to the national vocational standards. Self-compiled teaching plans, syllabuses and teaching materials shall be examined and put on record by the examination and approval authorities.
(7) Various management systems should be established, including school articles of association and development planning, teaching management, teacher management, student management, financial and health safety management, and equipment management.
(eight) there should be a stable and reliable source of funds. Fixed assets should reach more than 200,000 yuan, and registered capital should reach more than 654.38+10,000 yuan.
To apply for the establishment of a private vocational training institution, it shall provide the unit guarantee or a certain amount of fixed assets or capital guarantee to the examination and approval authority for compensation and payment of fines and penalties when the legitimate rights and interests of students are damaged due to the responsibility of the training institution. Measures for the administration of guarantee shall be formulated separately.
(nine) the basic school scale is not less than 200 people.
Article 7 To apply for the formal establishment of a private vocational training institution, the following relevant materials shall be submitted to the examination and approval authority:
(1) Bid report. The main contents should include: organizers, training objectives, school scale, school level, school form, school conditions, internal management system, fund raising and management, etc.
(2) the articles of association for running a school and other rules and regulations. The articles of association for running a school shall include the following main items: the name and address of the school, the purpose, scale, level and form of running a school, the amount, source and nature of the school's assets, the formation method, personnel composition, term of office and rules of procedure of the board of directors or other decision-making bodies, whether the legal representative and investors of the school require reasonable returns, the reasons for the voluntary termination of the school and the procedures for amending the articles of association.
(three) the name list and address of the sponsors or members of the decision-making body, and the qualification documents of the main responsible persons and managers to be employed, as well as teachers and accountants.
(four) the source of assets, the amount of funds and valid documents, and indicate the property rights. To donate school property, a donation agreement must be submitted, indicating the name of the donor, the amount, purpose, management method and relevant valid documents of the donated assets.
Article 8 The names of private vocational training institutions shall be unified and standardized. The name of a private vocational training institution shall indicate the location, school level and category, and conform to the relevant provisions of the administrative department of labor and social security on the name of vocational training institutions, and shall not be preceded by the words "China", "China" and "nationality".
Chapter III Examination and Approval of Private Vocational Training Institutions
Ninth private vocational training institutions to implement the administrative licensing system. Approved private vocational training institutions shall be issued a license for running private schools by the administrative department of labor security, and shall be announced.
"Private school license" should be placed in a prominent position in the office of training institutions.
Article 10 The date of acceptance is the date when the sponsor submits the application materials and fills in the Approval Form for Private Vocational Training Institutions. The administrative department of labor and social security shall organize relevant experts to verify and evaluate the authenticity, legality and effectiveness of all materials submitted by the organizer, and fill in the evaluation opinions. The administrative department of labor and social security shall give a written reply within three months according to the Law on the Promotion of Private Education and the relevant provisions and the evaluation opinions submitted by the evaluation team.
Eleventh in any of the following circumstances, the examination and approval authority shall not approve the establishment:
(1) The social organizations or individuals that hold private vocational training institutions do not meet the requirements stipulated by laws and administrative regulations, or the public schools that implement compulsory education are converted into private schools;
(two) to raise funds from students and their parents to set up private vocational training institutions or to raise funds from the public to set up private vocational training institutions;
(three) do not have the corresponding conditions for running a school, did not meet the corresponding standards;
(four) the articles of association do not meet the requirements of these regulations, and are still not amended after being told;
(five) the composition of the board of directors, the board of directors or other forms of decision-making bodies does not meet the statutory requirements, or the school principals, teachers and accountants do not have the statutory qualifications and still do not correct after being told.
(6) practicing fraud in the process of applying for establishment;
(seven) other circumstances prohibited by laws and administrative regulations.
Chapter IV Teaching Activities and Teacher Management
Twelfth private vocational training institutions, the main administrative person in charge of the overall responsibility for teaching and administrative work, accept the management and training evaluation of the examination and approval authority.
Thirteenth private vocational training institutions must accept the teaching management and guidance of the examination and approval authorities, and the examination and approval authorities shall regularly supervise and inspect the performance of their duties.
(a) private vocational training institutions shall establish student status management files in accordance with the relevant provisions of the state. When students report for duty, they shall fill in the registration form for students of private vocational training institutions uniformly printed by the administrative department of labor and social security, and the administrative department of labor and social security shall handle the registration procedures for students with reference to the Measures for the Registration of Students in Technical Schools.
(2) Private vocational training institutions shall, in accordance with the enrollment brochures or the agreements signed with the educatees, and in accordance with the relevant provisions of the state, offer corresponding courses and carry out educational and teaching activities to ensure the quality of education and teaching. Upon the expiration of the trainees' training and passing the examination, the training institution shall report to the administrative department of labor and social security and issue the Certificate of Completion of Vocational Training in Hubei Province, organize them to participate in the vocational skill appraisal organized by the labor and social security department, and obtain the corresponding national vocational qualification certificate.
Article 14 When hiring teachers and other staff members, private vocational training institutions shall sign labor contracts according to law, clarifying the rights, obligations and responsibilities of both parties.
Fifteenth private vocational training institutions independently formulate the distribution system and welfare benefits for teachers, employees and other staff according to law, and guarantee them; Pay social insurance premiums for teachers, staff and other staff in accordance with relevant state regulations.
Employees of private vocational training institutions enjoy the same rights as employees of public educational institutions in business training, post appointment, evaluation of professional titles and skill levels, length of service and calculation of length of service, recognition and reward, and social activities.
Chapter V Finance and Charge Management
Sixteenth private vocational training institutions shall enjoy the legal person property rights of the assets invested by the organizers, the assets donated and the accumulation of running schools. During its existence, all assets shall be managed and used by private vocational training institutions according to law, and no organization or individual may occupy them.
Seventeenth private vocational training institutions can determine the charging items and standards according to the cost accounting and market supply and demand, and report them to the examination and approval authority and the price department for the record according to law.
Private vocational training institutions shall publicize the charging items and charging standards reported to the competent price department and the examination and approval authority for the record in the enrollment brochures or enrollment advertisements.
The fees charged by private vocational training institutions should be mainly used for education and teaching activities and improving school conditions.
Eighteenth investors in accordance with the provisions of the articles of association of private vocational training institutions to obtain reasonable returns, at the end of each fiscal year, from private vocational training institutions to obtain a certain proportion of school balance. The decision of investors to obtain reasonable returns must be reported to the examination and approval authority for the record.
Article 19 The use of assets and financial management of private vocational training institutions shall be subject to the supervision of the examination and approval authorities and other relevant departments. Private vocational training institutions shall prepare financial and accounting reports at the end of the fiscal year, entrust accounting firms to conduct audits according to law, and report them to the examination and approval authorities and price administrative departments for the record.
Chapter VI Alteration and Dissolution
Article 20 The division and merger of private vocational training institutions shall be reported to the examination and approval authority by the school board of directors or the board of directors after financial liquidation. The change of the sponsor must be proposed by the sponsor, and after financial liquidation, it is approved by the school Council or the board of directors and reported to the examination and approval authority for approval. Changes in the name, level and category of a school shall be reported to the examination and approval authority by the school board of directors or Council.
Twenty-first private vocational training institutions in any of the following circumstances shall apply for dissolution or be revoked by the administrative department of labor security:
(1) The board of directors or organizers of private vocational training institutions request dissolution;
(2) Failing to carry out social-oriented training activities normally within one year;
(three) merged with other private vocational training institutions.
Twenty-second private vocational training institutions to apply for dissolution, must be approved by the examination and approval of the administrative department of labor and social security, cancellation procedures, and return the school license and related seals.
Twenty-third private vocational training institutions shall submit the following materials to the examination and approval authority for dissolution:
(1) A report on the application for dissolution signed by the legal representative or the chief administrative officer;
(two) the property audit report issued by the audit department;
(3) Arrangements for the aftermath;
(four) other relevant materials required by the administrative department of labor security.
Article 24 When a private vocational training institution is dissolved, it shall properly arrange the students, teaching staff and various after-care work according to the regulations.
Twenty-fifth private vocational training institutions shall be dissolved in accordance with the law of property liquidation.
Article 26 The administrative department of labor security shall announce the private vocational training institutions that have been approved for dissolution or cancellation.
Chapter VII Annual Inspection and Evaluation System
Article 27 The administrative department of labor and social security shall inspect and register the approved private vocational training institutions once a year (hereinafter referred to as annual inspection).
Article 28 Basic procedures for annual inspection:
(a) at the end of each year to June 30th of the following year, private vocational training institutions shall, after summing up the work of the whole year, submit a copy of the license for running a private school, the annual work summary, financial and accounting statements, teaching plans, enrollment plans, student status management records, enrollment brochures and advertising samples to the examination and approval authorities for annual inspection.
(two) the examination and approval authority to review the submitted materials, and put forward examination opinions in combination with the actual situation. If the annual inspection is unqualified, put forward rectification opinions and register after rectification.
Article 29 The administrative department of labor security shall regularly evaluate the quality of private vocational training institutions. Basic procedures for evaluation:
(a) private vocational training institutions to check the self-evaluation. Determine the grade according to the evaluation criteria;
(2) Assessment and acceptance by the examination and approval authority. The examination and approval authority shall organize an evaluation team composed of the administrative department of labor security and professional and technical personnel to evaluate and accept the training institutions.
(three) the assessment of qualified, renewal of the "private school license"; Unqualified to recover the "private school license", cancel the qualification.
Thirtieth main contents of inspection and evaluation:
(a) to abide by the laws, regulations and rules of the state and the province on vocational training;
(two) the establishment and implementation of various management systems;
(3) improving school buildings, equipment and facilities;
(four) the use of training materials and teaching quality;
(5) Charge and financial management;
(6) Social credibility and mass base.
Chapter VIII Supervision and Inspection
Thirty-first private vocational training institutions that violate the provisions of relevant laws and regulations in vocational training activities shall be punished in accordance with the provisions of laws and regulations.
Thirty-second private vocational training institutions have one of the following acts, the examination and approval authority shall order them to make corrections within a time limit and give them a warning; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be ordered to stop enrolling students and revoke the school license; Those suspected of committing a crime shall be handed over to judicial organs for handling.
(a) submit false documents or take other fraudulent means to conceal important facts to defraud the school license;
(two) unauthorized division or merger of private vocational training institutions;
(three) changing the name, level, category and sponsor of private vocational training institutions without authorization;
(4) Forging, altering, buying, selling, renting or lending a school license;
(5) publishing false enrollment brochures or advertisements;
(6) Illegally issuing or forging academic certificates, graduation certificates, training certificates and vocational qualification certificates;
(seven) more than the filing items and standards for profiteering;
(eight) the school's financial and asset management is chaotic, and the quality of training is low, causing adverse effects;
(9) Violating the lawful rights and interests of the teaching staff and the educated.
Before the administrative department of labor and social security makes a decision to revoke the school license, it shall inform the parties of the right to request a hearing; If a party requests a hearing, the administrative department of labor security shall organize a hearing according to law.
Thirty-third private vocational training institutions have one of the following acts, the examination and approval authority shall order them to make corrections within a time limit and give them a warning.
(1) Failing to go to the administrative department of labor and social security in time to go through the formalities for enrollment and graduation of students;
(2) Failing to provide effective guarantee in time;
(3) Failing to participate in the annual inspection registration or evaluation without reason.
Thirty-fourth private vocational training institutions illegally held without approval, labor security supervision institutions should severely crack down, ban them according to law, and maintain the order of private vocational training.
Chapter IX Supplementary Provisions
Thirty-fifth the following certificates and forms are uniformly printed by the provincial administrative department of labor security:
(a) the application form of private vocational training institutions;
(two) the license for running a private school;
(3) Enrollment Registration Form of Private Vocational Training Institutions;
(4) Registration Form for Enrollment Advertisements of Private Vocational Training Institutions;
(5) Certificate of Completion of Vocational Training in Hubei Province.
Article 36 A privately-run vocational training institution formally established upon approval shall send a copy to the education administrative department at the same level for the record, and at the same time go through the relevant registration formalities according to regulations.
Thirty-seventh these Measures shall come into force as of July 6, 2004 +0. Prior to the relevant documents inconsistent with these measures, these measures shall prevail.