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Chapter IX Legal Responsibility
2005-01-12

Article 61 Where, in conducting education activities, a privately-run school violates the provisions of the Education Law or the Teachers Law, it shall be punished in accordance with the relevant provisions of the Education Law or the Teachers Law.

 

Article 62 Where a privately-run school commits one of the following acts, the examination and approval authority or the relevant department shall order it to rectify within a time limit and give it a disciplinary warning; if there are unlawful gains derived therefrom, they shall be confiscated after returning the fees collected; if the circumstances are serious, it shall be ordered to stop enrolling students and its license for running the school shall be revoked; and if a crime is constituted, it shall be investigated for criminal responsibility according to law:

 

(1) dividing or merging the privately-run school without authorization;

(2) altering the name, level, category and sponsor of the privately-run school without authorization;

(3) publishing false general regulations of enrollment or advertisements for the purpose of defrauding money;

(4) unlawfully issuing of forging academic credential, certificates of courses completed, certificates of training or vocational qualification certificates;

(5) seriously affecting education and teaching due to haphazard administration, which exerts a bad influence on society;

(6) obtaining the license for running the school by submitting false supporting documents or concealing important faces by other deceptive means;

(7) forging, counterfeiting, dealing in ,renting or lending its license for running the school; or

(8) terminating the school in bad faith, illegally withdrawing its funds or misappropriating the funds for running the school.

 

Article 63 Where the examination and approval authority or the relevant department commits one of the following acts, it shall be ordered by the authority at the higher level to rectify; if the circumstances are serious, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions according to law; if economic losses are caused, it shall bear the responsibility to pay compensation according to law; and if a crime is constituted, it shall be investigated for criminal responsibility according to law:

 

(1) failing to give a reply within the prescribed time limit to an accepted application for the establishment of a privately-run school;

(2) giving approval to an application which does not conform to the conditions provided for in this Law;

(3) causing serious consequences due to careless administration;

(4) collecting fees in violation of the relevant regulations of the State;

(5) infringing upon the lawful rights and interests of a privately-run school; or

(6) abusing its powers or engaging in malpractices in other ways.

 

Article 64 Where a public organization or individual establishes or runs a private school without authorization, it/he shall be ordered by the relevant administrative department of the people’s government at or above the county level to rectify within a time limit; if the school conforms to the conditions provided for in this Law or relevant laws regarding privately-run schools, it may go through the formalities of examination and approval; if fails to meet the conditions at the expiration of a prescribed time limit, it shall be ordered to stop running the school, and if economic losses are caused, it shall bear the responsibility to pay compensation.


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