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Handbook for going through the formalities of foreign personnel’s children’s education in China
State Education Commission’s provisional administrative measures on founding schools for foreign personnel’s children in People’s Republic of China
source: Shenyang Portal Website  2014-12-23 17:17

Article 1, this measure was enacted in order to bring convenience for foreign personnel’s children who receive education in China; perfect supervision of school that the foreign personnel’s children attend; and promote our country’s opening to the outside.

Article 2, foreign institutes, foreign-owned enterprises, international organizations stationed in China and legal resident foreigners, may apply for founding schools of foreign personnel’s children (hereinafter referred to as “school”) in accordance with this measure.

Article 3, the proposed school shall be at or below ordinary secondary school level.

Article 4, conditions needed for applying for founding a school:

1. Having source of students of corresponding scale and having the need of founding a school;

2. Having enough qualified teachers to fit the need of education and teaching;

3. Having the site, facilities and other conditions of offering education which are necessary;

4. Having the requisite school-running capital and stable financial resources.

Article 5, the following materials are required for school-running application:

1. Application form for school-running (including formulation of the school’s mission, enrollment plan, area of student enrollment, scale for the school, etc.);

2. School constitution;

3. Documentary evidence of the applicant;

4. Name list of the principal and members of the board directors and their qualification certificates;

5. Financial resources of the proposed school’s facilities, capital, school building, site and the relevant documentary evidence;

6. Resource of the teachers.

Article 6, for founding a school, applicant shall apply for the administrative department of province, autonomous municipality, municipality directly under the central government where the proposed school locates. After being verified and approved, the application would be reported to the Administrative Department for Education of the State Council to be examined and approved.

Article 7, school founded under the ratification, would enjoy the corporate capacity and be independent by bear civil liability since the day it is ratified.

The school is not allowed to set up branch school.

Article 8, enrollment target for the school shall be foreign personnel’s children who hold residence certificate in China. The school is not allowed to enroll Chinese citizen’s children who stay in China.

Article 9, curriculum provision, teaching material and teaching program shall be decided by school itself.

Article 10, expenditure on school-running shall be self-raised by the applicant.

Article 11, People’s Republic of China encourages and supports the school to arrange courses of Chinese and Chinese culture, in order to enhance and deepen students’ understanding of Chinese culture.

Article 12, hiring foreign personnel, shall be transacted in accordance with Law of People’s Republic of China on Administration of the Entry and Exit of Foreigners and the relevant provision on foreigners’ work in China.

If the school wants to hire a staff of embassies and consulates stationed in China and his or her spouse, it needs ratification of Ministry of Foreign Affairs’.

If the school wants to hire Chinese citizen, it shall apply for Administrative Department of Education at province level. After being approved, the hire could be granted.

Article 13, the import of teaching attachments and office supplies, shall be transacted in accordance with the provisions of state’s related departments.

Article 14, the school and its staff and students shall abide by China’s laws and regulations; respect Chinese people’s manners and customs; mustn’t be occupied in activities which jeopardize the national security of People’s Republic of China and interests of the general public.

Article 15, school’s construction land shall be managed in accordance with the management rules of state owned land. School buildings and sites mustn’t be used for activities which are not corresponding to its function.

Article 16, school shall deliver the name lists of faculty and students, and textbooks to the local Administrative Department of Education for the record, and receive the supervision and inspection implemented by local Administrative Department of Education according to law.

If there is a change on school principal and members of the board of directors, the school shall submit the change with Administrative Department of Education at province level with filing.

Article 17, if the school founder or responsible person violates this measure, in one of the following circumstances, the Administrative Department of Education at province level could order the school and its operator to consolidate within a specified time or discontinue, according to the seriousness of the case:

1. Founding school without authorization and ratification;

2. Recruiting Chinese citizen’s children in China;

3. School-running resources (including capital, source of students and teachers) are severely insufficient, and could not operate normally;

4. Being occupied in industrial and commercial activities and some other profit-earning activity;

5. Participating in activity which violates Chinese law or regulations.

Article 18, management of school for diplomatic personnel’s children operated by the diplomatic organ stationed in china, is inapplicable to this measure.

Article 19, people’s government of province, autonomous municipality, municipality directly under the central government could formulate specific regulations based on this measure and take the facts of locality into consideration at the same time.

Article 20, this measure will be put into force since its issuance. Schools founded before this measure, shall complete the relevant formalities in accordance with this measure.

Editor: zfw05