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Interim Provisions for Chinese-Foreign Cooperation in Running Schools(II)
2001-01-01

Chapter II Establishment

Article 8
Application for cooperation in education shall meet the following requirements:

A correct purpose of running education;
A sound educational organization and a professionally efficient managerial staff;
A qualified faculty;
A campus, library, teaching instruments and equipment and living facilities that are up to the requirements for running a school;
A fund needed for starting the educational undertaking and a steady source of fund.

Article 9 An applicant applying for running a cooperative educational institution shall submit the following documents:

A written application for running cooperative education;
The articles of association of the cooperative educational institution;
A feasibility report;
Comments of the professional department in charge of the Chinese party to the cooperative undertaking upon examination of the project in question;
A letter of intent or an agreement on the cooperation signed by both parties;
A notarized or authorized credit certificate of the foreign party.

Article 10
The norms for the establishment of cooperative educational institutions offering formal schooling shall pattern after the norms for the establishment of Chinese educational institutions of the same categories.

Article 11 An application for a cooperative educational institution with an independent program offering formal higher education shall be first examined by the people's government of the province, autonomous region, municipality or the department in charge under the State Council in accordance with the affiliation of the Chinese party to the cooperative project and then submit to the educational administration of the State Council for approval.

In the event of applying for a cooperative educational institution with a non- independent program offering formal higher education, the Chinese party to the cooperation shall be an institution of higher learning offering formal higher education, and the application shall be examined and approved by the people's government of the province, autonomous region, municipality or the department in charge under the State Council in accordance with the affiliation of the Chinese party to the cooperative project and then reported to the educational administration of the State Council for the record.

Article 12 An application for a cooperative educational institution with an independent program offering formal secondary education shall be first examined by the educational department in charge in the province, autonomous region or municipality in accordance with the affiliation of the Chinese party to the cooperative project and then submitted to the people's government of the provincial level or the department in charge under the State Council for approval and reported to the educational administration of the State Council for the record.

Article 13 An application for a cooperative educational institution offering various types of informal education and training shall be examined and approved by the educational department of the province, autonomous region or municipality or the department in charge under the State Council in accordance with the affiliation of the Chinese party to the cooperative project and reported to the educational department of the provincial government or of the State Council for the record.

An application for running a cooperative kindergarten shall be approved by the educational administration in the people's government of a province, autonomous region or municipality.

Article 14 An application for cooperative education shall be denied of approval if one of the following occurs:

It violates the Chinese law or decrees or regulations;
It is not in keeping with China's strategic plan for educational development;
It is not appropriate for approval in other respects.

Article 15 The authorities in charge of the examination and approval shall determine whether to approve the application for running a cooperative educational institution or not within three months upon receiving the application, unless it is otherwise stipulated by other laws, decrees or regulations. The applicant which is approved for running a cooperative educational institution shall be issued a letter of approval.

Article 16 Having obtained a letter of approval for running a cooperative educational institution as having met the qualifications for establishing a school and starting enrollment, the applicant for establishing a cooperative educational institution shall register with an educational administrative department of the provincial level and obtain a permit therefrom. A cooperative educational institution with a cooperative education permit may start formally enrolling students in accordance with the state stipulations.

An independently established cooperative educational institution shall have the status of a legal person after official approval for registration and having been granted a permit for running a school.

Article 17 An applicant applying for official registration shall submit the documents listed below:

An application education ; for registration and a letter of approval for cooperative
An inventory of the school site, documents on proprietary rights to the school property and school facilities;
Documents confirming fund contribution and fund from the relevant authorities;
Certificates of the qualifications of the chairman of the council of trustees and president of the school;
Lists of the leading body and trustees of the school and the payroll of the teaching and administrative staff;
The name, scale, length of schooling, composition of departments and majors and courses and the size of enrollment.

Article 18 An applicant applying for establishing a cooperative school offering formal education which has not been entirely qualified with conditions for establishing a school for formal enrollment shall be approved by the examining and approving authorities to make preparations for the establishment of a cooperative school and given a letter of approval to the effect.

An applicant having been granted approval for making preparations for establishing a cooperative school shall, within two years from the date of the approval, formally apply for establishing a cooperative school and register with the relevant authorities after official approval. In the event an applicant having failed to apply for formal establishment of a cooperative school and enrollment, the original authorities granting the approval for making preparations for establishing a cooperative school shall cancel the approval. Enrollment is prohibited during the preparatory period.

 


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