中华人民共和民办教育促进法中英对照

法撤销的，

由审批机关组织清算；

因资不抵债无 法继续办学而被终止

的，由人民法院组织清算。

第五十九条

对民办学校的财产按照下列顺序清偿：

(

一

)

应退受教育者学费、杂费和其他费用；

(

二

)

应发教职工的工资及应缴纳的社会保险费用；

(

三

)

偿还其他债务。

民办学校清偿上述 债务后的剩余财产，

按照有关法律、

行政法规

< br>的规定处理。

第六十条

终止的民办学校，由审批机 关收回办学许可证和销毁

印章，并注销登记。

第九章

法律责任

第六十一条

民办学校在教育活动中违 反教育法、

教师法规定的，

依照教育法、教师法的有关规定给予 处罚。

第六十二条

民办学校有下列行为之一 的，由审批机关或者其他

有关部门责令限期改正，并予以警告；有违法所得的，退还所收 费用

后没收违法所得；情节严重的，责令停止招生、吊销办学许可证；构

成犯罪的，依法追究刑事责任：

(

一

)

擅自分立、合并民办学校的；

(

二

)

擅自改变民办学校名称、层次、类别和举办者的；

(

三

)

发布虚假招生简章或者广告，骗取钱财的；

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(

四

)

非法 颁发或者伪造学历证书、结业证书、培训证书、职业

资格证书的；

(

五

)

管理混乱严重影响教育教学，产生恶劣社会影响的；

(

六

)

提交 虚假证明文件或者采取其他欺诈手段隐瞒重要事实骗

取办学许可证的；

< br>

(

七

)

伪造 、变造、买卖、出租、出借办学许可证的；

(

八

)

恶意

终止办学、抽逃资金或者挪用办学经费的。

第六十三条

审批机关和有关部门有下 列行为之一的，由上级机

关责令其改正；

情节严重的，

对直接负责的主管人员和其他直接责任

人员，依法给予行政处分；造成经 济损失的，依法承担赔偿责任；构

成犯罪的，依法追究刑事责任：

(

一

)

已受理设立申请，逾期不予答复的；

(

二

)

批准不符合本法规定条件申请的；

(

三

)

疏于管理，造成严重后果的；

(

四

)

违反国家有关规定收取费用的；

(

五

)

侵犯民办学校合法权益的；

(

六

)

其他滥用职权、徇私舞弊的。

第六十四条

社会组织和个人擅自举办 民办学校的，由县级以上

人民政府的有关行政部门责令限期改正，

符合本法及有关法律规定的

民办学校条件的，可以补办审批手续；逾期仍达不到办学条 件的，责

令停止办学，造成经济损失的，依法承担赔偿责任。

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第十章

附则

第六十五条

本法所称的民办学校包括 依法举办的其他民办教育

机构。

本法所称的校长包括其他民办教育机构的主要行政负责人。

第六十六条

在工商行政管理部门登记 注册的经营性的民办培训

机构的管理办法，由国务院另行规定。

第六十七条

境外的组织和个人在中国 境内合作办学的办法，由

国务院规定。

第六十八条

本法自

< br>2003

年

9

月

1

日起施行。

1997

年

7

月

31

日

国务院颁布的《社会力量办学条例》同时废止。

Postscript:

Law of the People's Republic of China on the

Promotion of Privately-run Schools

(Adopted at the 31st Meeting of the Standing Committee of the

Ninth National People's Congress on December 28, 2002)

Contents

Chapter I General Provisions

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Chapter II Establishment

Chapter III Organization and Activities of Schools

Chapter IV Teachers and Educatees

Chapter V School Assets and Financial Management

Chapter VI Administration and Supervision

Chapter VII Support and Reward

Chapter VIII Alteration and Termination

Chapter IX Legal Responsibility

Chapter X Supplementary Provisions

Chapter I

General Provisions

Article

1

This

Law

is

enacted

in

accordance

with

the

Constitution and the Education Law with a view to implementing the

strategy

of

invigorating

the

country

through

science,

technology

and

education,

promoting

the

sound development

of

privately-run

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schools,

and

safeguarding

the

lawful

rights

and

interests

of

the

privately-run schools and the educatees.

Article 2

This Law shall be applicable to activities conducted

by public organizations or individuals, other than State organs, to

establish

and

run

schools

and

other institutions

of

education

with

non-governmental financial funds, which are geared to the need of

society. In cases to which no provisions of this Law are applicable,

the

provisions

in

the

Education

Law

and

other

laws

concerning

education shall apply.

Article

3

Privately-run

schools

belong

to

public

welfare

undertakings

and

constitute

a

component

part

of

the

cause

of

socialist education.

With

regard

to

privately-run

schools,

the

State

applies

the

principles of enthusiastic encouragement, vigorous support, correct

guidance, and administration according to law.

People's

governments

at

all

levels

shall

incorporate

the

undertakings of the privately-run schools into their plans of national

economic and social development.

Article 4

Privately-run policy schools shall abide by laws and

regulations,

implement

the

education

of

the

State,

guarantee

the

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educational quality and devote their efforts to the training of various

types of people for the cause of socialist development.

Privately-run

schools

shall

implement

the

principle

of

separating education from religion. No organizations or individuals

may make use of religion to conduct activities designed to interfere

with the educational system of the State.

Article

5

Privately-run

schools

and

government-run

schools

shall

share

equal

legal

status,

and

the

State

safeguards

the

autonomy of the privately-run schools.

The

State

protects

the

lawful

rights

and

interests

of

the

sponsors, principals, teachers and staff members and educatees of

privately-run schools.

Article

6

The

State

encourages

donations

made

for

establishing and running schools.

The

State

rewards

and

commends

organizations

and

individuals

that

have

made

outstanding

contributions

to

the

development of the undertakings of privately-run schools.

Article

7

The

administrative

department

for

education

under

the

State

Council

shall

be

in

charge

of

the

overall

planning,

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comprehensive coordination and macro-administration of the work

relating to privately-run schools nationwide.

The

administrative

department

for

labor

and

social

security

and

the

relevant

departments

under

the

State

Council

shall

respectively

be

in

charge

of

the

work

relating

to

the

privately-run

schools

within

the

scope

of

their

duties

as

defined

by

the

State

Council.

Article 8

The administrative departments for education under

the local people's governments at or above the county level shall

be responsible for the work relating to privately-run schools in their

own administrative regions.

The

administrative

departments

for

labor

and

social

security

and the relevant departments under the local people's governments

at

or

above

the

county

level

shall

respectively

be

responsible

for

the work relating to privately-run schools within the scope of their

duties.

Chapter II

Establishment

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Article

9

Public

organizations

that

establish

privately-run

schools shall possess the qualifications of a legal person.

Individuals

that

establish

privately-run

schools

shall

possess

political rights and full capacity for civil conduct.

A

privately-run

school

shall

have

the

qualifications

of

a

legal

person.

Article

10

The

establishment

of

a

privately- run

school

shall

meet

the

local

need

for

educational

development

and

the

requirements provided for by the education Law and relevant laws

and regulations.

The

standards

for

the

establishment

of

privately-run

schools

shall, mutatis mutandis, conform to those for the establishment of

government-run schools of the same grade and category.

Article

11

The

establishment

of

privately-run

schools

that

provide education for academic credentials, pre-school education,

training

for

preparing

self-study

examinations

and

other

cultural

education

shall

be

subject

to

examination

and

approval

by

the

administrative

departments

for

education

under

the

people's

governments at or above the county level within the limits of their

powers

defined

by

the

State;

the

establishment

of

a

privately-run

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school that mainly provides training for vocational skills, including

training for vocational qualification, shall be subject to examination

and approval by the administrative department for labor and social

security

under

the

people's

government

at

or

above

the

county

level within the limits of its powers defined by the State, which shall

send

a

duplicate

of

the

approval

document

to

the

administrative

department for education at the same level for the record.

Article

12

To

apply

for

preparing

to

establish

a

privately-run

school, the sponsor shall submit to the examination and approval

authority the following materials:

(1)

an

application,

the

contents

of

which

mainly

include:

the

sponsor, the aims of education, size of the student body, level of

the

school,

forms

of

education,

conditions

for

establishing

and

running the school, internal management system, raising of funds

and their management and use, etc.;

(2) name of the sponsors and their addresses or the title of the

sponsor and its address;

(3)

source

of

the

assets,

amount

of

the

funds

and

their

effective certificates, in which the property rights are clearly stated;

and

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(4) where the assets of the school are donated, an agreement

on the donations, in which the names of the donators, the amount

of the assets donated, their use and management, and the relevant

effective certificates are clearly stated.

Article 13

The examination and approval authority shall, within

30

days

from

the

date

it

receives

the

application

for

preparing

to

establish

a

privately-run

school,

make

a

decision

in

writing

on

whether to approve it or not.

If it approves the application, it shall issue a written approval

for preparing to establish the school; and if it does not approve the

application, it shall explain the reasons.

The period of preparation for establishment of such a school

shall

not

exceed

three

years;

and

if

it

exceeds

three

years,

the

sponsor shall renew its application.

Article 14

To apply for official establishment of a privately-run

school,

the

sponsor

shall

submit

the

following

materials

to

the

examination and approval authority:

(1) the written approval for preparing to establish the school;

(2) a report on the preparations made for the establishment;

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