Procedures of Shanghai Municipality on the Administration of Non-Governmental Schools
(Issued originally by Decree No. 61 of the Shanghai Municipal People’s
Government on April 19, 1994 and reissued after amendment in accordance with
Decree No. 53 of the Shanghai Municipal People’s Government on December 14,
1997)
Chapter I General Provisions
Article 1
With a view to promoting the wholesome development of non-governmental
schools and protecting their legitimate rights and interests, these Procedures
are formulated in accordance with the relevant provisions of the State and with
full consideration given to the actual circumstances of this Municipality.
Article 2
The non-governmental schools so designated in these Procedures refer to
non-profit educational institutions established to provide formal schooling by
enterprises or institutions, mass organizations and private citizens with funds
raised by themselves.
Article 3
These Procedures are applicable to all the non-governmental schools in this
Municipality except for educational institutions established by state-owned
enterprises or institutions and basic-level rural autonomous groups to provide
formal schooling for the children of their own staff members and except for
non-governmental schools established in this Municipality by organizations and
private persons from outside China proper.
Article 4
The municipal administrative department in charge of education of Shanghai
is the competent administrative department of non-governmental schools in this
Municipality and is responsible for exercising overall control over
non-governmental schools in this Municipality; amongst these, non-governmental
schools for training skilled workers are placed under the overall control of the
Shanghai Municipal Labor Bureau.
The administrative department in charge of education in a district and
county is responsible for exercising control over the non-governmental schools
located in the district or county and is subject to guidance and supervision by
the municipal administrative department in charge of education.
Article 5
Non-governmental schools shall see to the provision of their own funds. The
people’s government and the administrative department in charge of education or
labor at different levels may, according to actual circumstances, give some
necessary financial aid.
Article 6
Non-governmental schools must abide by the relevant provisions of laws and
rules and regulations, carry out the educational policy of the State, and meet
the basic requirements for quality in educational.
Article 7
Non-governmental schools shall subject themselves to the administrative
control, inspection and supervision by administrative departments in charge of
education and/or the Municipal Labor Bureau.
Chapter II The Establishment of Non-Governmental Schools
Article 8
In establishing a non-governmental school, the following conditions must be
met:
1. Having appointed a principal (president) who has expertise in a certain
field, is familiar with pedagogic work and knows well school management;
2. Having well-defined educational aims, training objectives, plans for
running the school and plans for teaching work;
3. Having a full-time and part-time teaching staff that are appointed
according to the nature, level and size of the school, that have the educational
qualifications required by State regulations and that are competent for teaching
work;
4. Having a campus and facilities for teaching that can meet the
requirements of the municipal administrative department in charge of education
and/or of the Municipal Labor Bureau;
5. Having drawn up a school constitution;
6. Having drawn up rules and regulations for running the school and for
teaching work; and
7. Having the necessary funds for starting the school and having financial
resources that can ensure the normal conduct of day-to-day teaching.
Article 9
A non-governmental school that is established with approval must have a
name that clearly denotes its nature and level.
Article 10
Application for examination and approval for the establishment of
non-governmental schools shall be made in accordance with the following
provisions:
1. The applicant for the establishment of an ordinary primary school, a
junior middle school, a six-year secondary school or a senior high school shall
submit its application to the administrative department in charge of education
of the district or county in which the school is located; the administrative
department in charge of education of the district or county concerned shall,
within 30 days after receipt of the application, make its decision with regard
to the application for the decision on the application for examination and
approval, report the decision to the municipal administrative department in
charge of education for the record. In the case of applying for the
establishment of an ordinary primary school, a junior school that enrolls
students in other districts or counties in addition to the local one, the
applicant shall submit its application to the administrative department in
charge of education of the district or county in which the school is located;
the administrative department in charge of education of the district or county
concerned shall, within 30 days after receipt of the application, make a
decision after conducting a preliminary examination and, in case the decision is
favorable, shall report the application to the municipal administrative
department in charge of education for examination and approval; the municipal
administrative department in charge of education shall, within 30 days after
receipt of the application, make a decision with regard to the application for
examination and approval.
2. The applicant for the establishment of a vocational school shall submit
its application to the municipal administrative department in charge of
education; the municipal administrative department in charge of education shall,
within 30 days after receipt of the application, make a decision with regard to
the application for examination and approval.
3. The applicant for the establishment of a secondary specialized school
shall submit its application to the municipal administrative department in
charge of education; the municipal administrative department in charge of
education shall, within 30 days after receipt of the application, make a
decision with regard to the application for examination and approval.
4. The applicant for the establishment of a school for training skilled
workers shall make its application to the Municipal Labor Bureau; the Municipal
Labor Bureau shall, within 30 days after receipt of the application, make a
decision with regard to the application for examination and approval.
5. The applicant for the establishment of a higher education institution
shall submit its application to the municipal administrative department in
charge of education; the municipal administrative department in charge of
education shall， after receipt of the application, organize examination and
appraisal by the Reviewing Committee for the Establishment of Higher Education
Institutions of Shanghai Municipality；and if it can pass the examination and
appraisal, the application shall be submitted by the municipal administrative
department in charge of education to the Municipal People’s Government；the
Municipal People’s Government shall give approval to a qualified applicant to
begin preparatory work for the establishment and when the preparatory work is
completed and formal establishment due, the Municipal People’s Government shall
submit the case to the administrative department in charge of education under
the State Council for examination and approval.
Article 11
A non-governmental school can be established only after approval is given
by an administrative department in charge of education or the Municipal Labor
Bureau after conducting examination in accordance with these Procedures.
Chapter III Administration of Non-Governmental Schools
Article 12
A non-governmental school may set up a board of directors. For a
non-governmental school that has a board of directors shall be the legal
representative of the school; for a non-governmental school without a board of
directors, the principal (president) shall be the legal representative.
Article 13
The board of directors shall exercise the following duties and powers:
1. Electing and recalling the chairman of the board;
2. Appointing and discharging the principal (president) of the school;
3. Drawing up plans for school development;
4. Making decisions on plans for the raising of school funds and verifying
the school’s budget and final accounts;
5. Making decisions on the size of the school’s teaching and administrative
staff and the pay scale;
6. Managing the school funds and assets;
7. Making decisions on acceptance of donations and contributions; and
8. Revising the school constitution.
Article 14
The appointment of the board directors of a non-governmental school shall
be reported to the administrative department concerned or the Municipal Labor
Bureau for record.
Article 15
The qualifications for eligibility as the principal (president) of a
non-governmental school shall be decided by reference to the qualifications for
eligibility as the principal (president) of a state-run school of the same level
and nature, however, due allowance may be made on the question of age.
For a non-governmental ordinary primary school, a junior middle school, a
six-year secondary school or a senior high school, the appointment of the
principal shall be reported to the district or county administrative department
in charge of education concerned for the record. For a non-governmental
vocational school, the appointment of the principal shall be reported to the
municipal administrative department in charge of education for the record. For a
non-governmental school for training skilled workers, the appointment of the
principal shall be reported to the Municipal Labor Bureau for the record. For a
non-governmental higher education institution, the appointment of the president
(head of school) shall be reported to the municipal administrative department in
charge of education for the record.
Article 16
In a non-governmental school with a board of directors, the principal
(president) shall exercise the following duties and powers:
1. Carrying out the State educational policy and other State policies;
2. Taking charge of the implementation of the school’s development plan;
3. Carrying out the resolutions of the board of directors;
4. Managing school affairs and taking charge of the conduct of educational
and teaching activities;
5. Appointing and discharging members of the teaching or administrative
staff;
6. Executing other duties and powers given by the board of directors.
Article 17
In a non-governmental school without a board of directors, the principle
(president) shall exercise the following duties and powers:
1. Carrying out the State educational policy and other State policies;
2. Drawing up and taking charge of the implementation of the school’s
development plan;
3. Managing school affairs and taking charge of the conduct of educational
and teaching activities;
4. Making decisions on plans for the raising of school funds and verifying
the school’s budget and final accounts;
5. Appointing and discharging members of the teaching or administrative
staff;
6. Making decisions on the size of the school’s teaching and administrative
staff and the pay scale;
7. Managing the school’s funds and assets;
8. Making decisions an acceptance of donations and contributions;
9. Revising the school constitution; and
10. Other duties and powers.
Article 18
The qualifications for eligibility to be appointed as a full-time or
part-time teacher and to be given a professional title in a non-governmental
school shall be decided by reference to the relevant provisions enforced in
state-run schools of the same level and nature.
When a non-governmental school appoints a teacher, it shall sign a contract
with the said teacher. The contents of the contract shall include: the time
limit of appointment, working conditions and work discipline, pay and insurance
and other welfare benefits, liabilities in case of violation of contract, and
other items.
Article 19
The enrollment of a non-governmental school higher education institution
shall be carried out in accordance with the measures pertaining to advertising
for students, entrance examination and admissions drawn up by the municipal
administrative department in charge of education.
The enrollment plan of a non-governmental ordinary primary school, a junior
middle school, a six-year secondary school, a senior high school or a vocational
school shall, subject to approval by the administrative department in charge of
education of the district or county concerned, be incorporated into the
enrollment plan of the district or county in which the school is located; in the
case of an enrollment plan that enrolls students in other districts or counties
in addition to the one where the school is located, the plan shall be subject to
approval by the municipal administrative department in charge of education for
approval. The enrollment plan of a non-governmental school for training skilled
workers shall be submitted to the Municipal Labor Bureau for approval.
The enrollment by non-governmental schools of students from outside China
proper shall be handled in accordance with the relevant regulations of the
State.
Article 20
The main courses and class hours in the curriculum of a non-governmental
school shall be decided by reference to the relevant provisions enforced in
state-run schools of the same level and nature. The textbooks for required
courses shall be those that have been officially examined and approved by the
State or this Municipality.
Article 21
The students of a non-governmental school, after completing their study and
passing the required examinations, shall be issued a certificate of schooling by
that school; among these, the students of a non-governmental school for training
skilled workers, after taking the graded technical test of the Municipal Labor
Bureau and passing it, shall be issued a technical grade certificate by that
school.
The certificate of schooling shall be designed and printed exclusively by
the municipal administrative department in charge of education and the technical
grade certificate shall be designed and printed exclusively by the Municipal
Labor Bureau.
Article 22
A non-governmental school may set up school-managed enterprises and offer
paid services to society at large and shall, in tax policies, enjoy the same
preferential treatment as state-run schools.
Article 23
A non-governmental school may charge tuition fees. The scale of tuition
fees shall be proposed by the municipal administrative department in charge of
education and/or the Municipal Labor Bureau, to be checked and ratified by the
Municipal Bureau of Price Control.
Article 24
A non-governmental school shall be staffed with accountants and set up and
strengthen its finance and accounting system.
The funds, financial work and school-managed enterprises together with
their revenues from paid services offered to society at large shall be subject
to supervision and auditing by administrative departments in charge of finance
and/or auditing.
Article 25
A non-governmental school shall set up and strengthen its filing system of
records of student registration.
Article 26
The graduates of a non-governmental school shall enjoy equal treatment with
those of a state-run school in job selection and in receiving education at a
higher level.
Article 27
In applying for making changes its name, size, chairman of the board of
directors, or principal, a non-governmental school shall follow the same
procedures as in the establishment of non-governmental schools and submit the
application to an administrative department in charge of education or the
Municipal Labor Bureau for examination and approval or for being kept on record.
A non-governmental school that has to close down must submit a plan for
satisfactorily winding up its affairs and an inventory of property and then make
its application to the administrative department in charge of education or the
Municipal Labor Bureau that originally handled its application for establishment
for a decision after examination and approval.
Article 28
The administrative department in charge of education concerned or the
Municipal Labor Bureau shall, upon receipt of the application of a
non-governmental school for closing down, organize the organizations concerned
to check up the school’s assets.
Chapter IV Rewards and Penalties
Article 29
The people’s government at different levels and administrative departments
in charge of education or the Municipal Labor Bureau shall give public
recognition and reward to the founder, the head of school and other people
concerned of a non-governmental school that have made outstanding achievements
in school management.
The stipulations of the people’s government at different levels and of
administrative departments in charge of education or of the Municipal Labor
Bureau with regard to giving public recognition or reward to the teachers or
students of state-run schools shall also apply to non-governmental schools.
Article 30
Those violate these Procedures shall, depending on the seriousness of the
case, be given administrative penalty by administrative departments in charge of
education or the Municipal Labor Bureau according to the following provisions:
1. Those that establish a non-governmental school without authorization
shall be ordered to make correction before a specified time limit and stop
enrollment; in a serious case, a fine of under RMB 30,000 shall be imposed in
addition.
2. A non-governmental school that violates the provisions with regard to
enrollment shall be ordered to make correction before a specified time limit and
stop enrollment.
3. A non-governmental school that is poorly managed and provides
inferior-quality education and teaching shall be ordered to make correction
before a specified time limit; in a serious case, the school shall be ordered to
stop enrollment.
4. A non-governmental school that issues undeserved certificates of
schooling or undeserved technical grade certificates shall be ordered to make
correction before a specified time limit and be subjected to a fine of under RMB
10,000.
5. Those that embezzle, divide up illicitly or misappropriate by other
illicit means money from school expenditures or from the funds of a
non-governmental school shall be ordered to make correction before a specified
time limit and subjected to a fine of under RMB 20,000. If the violation
constitutes a crime, the criminal responsibility shall be investigated into by
the judicial organ according to law.
Article 31
When the administrative department in charge of education concerned or the
Municipal Labor Bureau imposes an administrative penalty, it shall issue a
written decision on administrative penalty. When a fine is exacted, an official
receipt for fine and/or confiscation that is exclusively designed and printed by
the municipal finance authority shall be issued. All the money that is fined
and/or confiscated shall be handed over to the State Treasury.
Article 32
A non-governmental school that violates the provisions with regard to the
charging of tuition fees shall be punished by the price control authorities in
accordance with relevant rules and regulations.
Article 33
Those that prevent or hamper the performance of official duties shall be
punished by the public security authorities in accordance with the Regulations
of the People’s Republic of China on Public Security Administration and
Imposition of Punishment. If the violation constitutes a crime, the criminal
responsibility shall be investigated into by the judicial organ according to
law.
Article 34
If the party concerned finds unacceptable a particular administrative act
of the administrative department concerned, he or she may apply for
administrative review or bring an administrative action in accordance with the
Regulations on Administrative Review and the Administrative Litigation Law of
the People’s Republic of China.
If the party concerned does not apply for review or bring an action and yet
takes no action to comply with the particular administrative act, the department
that is responsible for the administrative act may apply to the people’s court
for enforcement in accordance with the Administrative Litigation Law of the
People’s Republic of China.
Chapter V Supplementary Provisions
Article 35
Enterprises or institutions, mass organizations and individuals that have
the need to invest in the establishment of educational institutions that provide
non-formal education shall proceed in accordance with the provisions of the
Procedures of Shanghai Municipality on Exercising Administrative Control over
Schools Set Up with Community Resources.
Article 36
The municipal administrative department in charge of education and the
Municipal Labor Bureau shall, in accordance with their respective duties and
responsibilities, be responsible for the interpretation of the specific
questions that arise in the application of these Procedures.
Article 37
These Procedures shall become effective on June 1, 1994.
