No. 284 Order of Wuhan Municipal People’s Government

It is hereby promulgated that the Interim Measures of Wuhan Municipality for the Administration of Private Training Institutions have been adopted at the 47th Executive Meeting of Wuhan Municipal People’s Government on January 22, 2018, and shall be implemented as of March15, 2018. 

  

Mayor: Wan Yong 

 February 6, 2018 

  

 

Interim Measures of Wuhan Municipality for the Administration of Private Training Institutions 

 

Chapter One   General Provisions 

Article 1   With a view to regulating the educational and training activities of private training institutions, protecting the legitimate rights and interests of trainees and promoting the healthy development of the private training market, these Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on the Promotion of Private Education and other relevant laws and regulations, and in the light of the actual situation of this Municipality.  

Article 2   These Measures are applicable to the supervision and administration of private training institutions within the administrative areas of this Municipality, except for those engaged in such activities as care services for infants under the age of 3, care services for primary and secondary school students and for young children, self-taught examination assistance, etc. 

The term "private training institutions" as mentioned in these Measures refers to society-oriented educational training institutions set up by social organizations or individuals other than state institutions without use of the state fiscal funds and without the qualifications for providing degree courses, including those mainly providing the training on cultural education and those mainly providing the training on vocational skills and qualifications. 

Article 3   Private training institutions shall adhere to the leadership of the Communist Party of China, insist on the socialist orientation of school-running, strengthen moral education, abide by the laws and regulations of the State, implement the national educational policies, and train all kinds of talents for the cause of socialist construction. 

The supervision and administration of private training institutions shall be based on a working mechanism of district and territorial administration, department cooperation and comprehensive control. 

Article 4   The Municipal Peoples Government and the peoples governments at the district level (incl. the administrative committee of Wuhan East Lake High-tech Development Zone, the administrative committee of Wuhan Economic and Technological Development Zone, and the administrative committee of Wuhan East Lake Eco-tourism Scenic Spot, the same below) shall exercise overall leadership over the supervision and administration of private training institutions within their respective jurisdictions and establish a joint meeting system for discussion and solution of the majour problems in their work in a coordinate way. 

The sub-district offices (the peoples governments at the township level) shall strengthen the collection of information on private training institutions within their respective jurisdictions and assist relevant departments in the supervision and administration of private training institutions within their respective jurisdictions. 

Article 5   The departments of education and the departments of human resources and social security are respectively responsible for the supervision and administration, daily inspection and special supervision of private training institutions for cultural education and for vocational skills. 

The administrative departments for Industry and Commerce and the departments of civil affairs are respectively responsible for the registration of for-profit-making and non-profit private training institutions and their related supervision and administration. 

The relevant departments of public security (fire), housing security and administration, price, culture, sports, health and family planning, food and drug supervision, etc. shall, in line with their respective responsibilities, fulfil their work for the administration of private training institutions. 

Article 6   Private training institutions are encouraged and supported to set up their associations, so as to improve industry self-discipline and industry services, standardize educational training activities of private training institutions, and protect their legitimate rights and interests. 

  

Chapter Two   Establishment, Change and Termination 

Article 7   The applications for the establishment of private training institutions for cultural education and for primary, intermediate and advanced vocational skills shall be examined and approved by the authorities of comprehensive administrative approval in the districts where the private training institutions are to be located. Among them, the approved establishment of private training institutions for vocational skills shall be made known to the departments of education at the district level for the record. 

For the districts where the relevant administrative examination and approval powers have not yet been centralized to the authorities of comprehensive administrative examination and approval, the departments of education or the departments of human resources and social security at the district level shall be responsible for examination and approval in line with their respective responsibilities. 

Article 8   Whoever applies for the establishment of a private training institution shall abide by the prescribed establishment standards and submit application materials to the approving authority as provided by the State and the Province, and the approving authority shall make a written decision within the legal time limit on whether to approve the application or not. 

Specific standards for setting up private training institutions shall be formulated by the municipal department of education and the municipal department of human resources and social security separately in line with their respective responsibilities, and be promulgated within six months as of the date of implementation of these Measures. 

Article 9   Whoever applies for the establishment of a private training institution shall first apply to the corresponding registration authority for pre-approval of the name, and then on the strength of the approved name, apply to the approving authority for the preparation and formal establishment of the private training institution. 

The name of a profit-making private training institution shall consist of the following elements in the following order: administrative division, name, business field, organizational form, limited liability company or joint-stock limited company. The name of a non-profit private training institution shall consist of the following parts in the following order: administrative division, name, business field and organizational form. 

Private training institutions shall use their approved names. 

Article 10   After obtaining the school-running permit, the organizer of a profit-making private training institution shall register as an enterprise legal person with the administrative department for Industry and Commerce in accordance with the law, and the organizer of a non-profit private training institution shall register as a private non-enterprise legal person with the department of civil affairs in accordance with the law. 

A private training institution can only be registered as one of the two types of legal person. The business scope registered by a legal person shall be consistent with that stated on its school-running permit. 

Article 11   Profit-making private training institutions may set up subsidiaries to carry out training activities. 

A profit-making private training institution that applies for setting up a subsidiary in the district where it is located shall obtain the approval of the original approving authority. If it applies for setting up a subsidiary in another district, it shall obtain the approval of the approving authority of the district where the proposed subsidiary is located. 

After obtaining the school-running permit of a subsidiary, it shall apply for registration to the administrative department for Industry and Commerce and obtain the business license of the subsidiary. A subsidiary has no corporate capacity and its training activities shall be in the charge of the profit-making private training institution that sets up the subsidiary. 

Article 12   With regard to the division, merger or change of school-running permit, a private training institution shall apply to the approving authority for changes. 

With regard to the change of business license or registration certificate, it shall apply to the corresponding registration authority for registration of its changes. 

Except that the name change requires pre-approval by the registration authority before being submitted to the approving authority for approval, other matters involving both the change of school-running permit and business license or registration certificate shall be submitted to the approving authority for approval, and then to the registration authority for registration of the changes. 

Article 13   A private training institution to be terminated shall carry out financial liquidation according to law, go through the formalities for cancellation in time, submit the original and duplicate school-running permits to the original approving authority along with the seals, and turn in the original and duplicate business licenses or registration certificates to the original registration authority. 

Article 14   If the school-running permit, business license or registration certificate of a private training institution is lost or damaged and requires re-issue, the organizer shall make a public announcement in a public newspaper of this Municipality. 

  

Chapter Two   Organization and Activities 

Article 15   A private training institution shall display its relevant permits and licenses such as school-running permit, business license or registration certificate in a prominent position of its training locations, and carry out activities in the approved training locations, with the approved contents, and within the approved business scope. 

A private training institution may not forge, alter, buy, sell, rent or lend its school-running permit, nor carry out training activities in residential buildings. 

Article 16   The enrollment guides and advertisements of a private training institution shall be accurate, true, standardized and legitimate. 

An enrollment guide shall state clearly the full name of the training institution, the number of its school-running permit, the training locations, the courses offered, the enrollment target, the charging items and standards, etc. A private vocational training institution shall also specify the enrollment specialties in its enrollment guides. 

An enrollment advertisement shall state clearly the full name of the training institution, the number of its school-running permit, etc. 

Article 17   In the enrollment guides and advertisements of a private training institution: 

(1) the training effects shall not be exaggerated; 

(2) ambiguous contents that may be misleading to consumers shall not appear ; 

(3) guaranteed promises related to entering a higher school or examinations shall not be expressed explicitly or implicitly; 

(4) the name of the training institution shall not be changed or simplified without authorization; or 

(5) other violations of the Advertisement Law of the People's Republic of China shall be forbidden. 

Article 18   A private training institution shall regulate its enrollment of trainees without committing any of the following acts: 

(1) trading the sources of students, or entrusting or contracting its enrollment work to other entities, intermediaries or individuals; 

(2) carrying out joint enrollment or training with public primary or secondary schools or public kindergartens; 

(3) recommending students or providing services such as enrollment examinations for public primary or secondary schools or public kindergartens; or 

(4) other violations of the enrollment policies of the State, the Province and this Municipality. 

Article 19   A private training institution shall formulate the articles of association and internal management systems according to law, carry out training activities as stated in its teaching plans and syllabuses, strengthen the registration and management of trainees and the development of teachers, and ensure the quality of education and teaching. 

A private training institution shall not host or organize competitions, examinations or tests in Chinese, mathematics, foreign languages and other disciplines targeting at pupils , or provide in any form the results of competitions, examinations or tests held within the training institution to primary and secondary schools in this Municipality. 

Article 20   A private training institution shall sign labor contracts with its teaching and administrative staff in accordance with relevant laws and regulations, and ensure their wages, social benefits and other legitimate rights and interests according to law. 

A private training institution shall not employ in-service teachers in public primary or secondary schools or public kindergartens, nor shall they provide them with venues for paid training. 

Article 21   A private training institution shall sign a written training contract with a trainee or his/her guardians. A training contract shall include the full name of the private training institution, the name of the legal representative, the training location, the name of the trainee, the contents and quality standards of the training program, the training period and schedule, the charging items and standards, the refunding standards and methods, as well as the rights and obligations of the two parties, their respective liabilities for breach and the ways to resolve disputes. 

The municipal department of education and the municipal department of human resources and social security shall, together with the municipal administrative department for industry and commerce, formulate a model text of training contract separately for private training institutions for cultural education and those for vocational skills for their reference. 

Article 22   The charging items and standards of a private training institution shall be determined on the basis of such factors as operating costs and market demand, and be implemented after being publicized for a period of 30 days. 

The charging standards of a non-profit private training institution shall conform to the relevant provincial regulations. The charging standards of a profit-making private training institution shall be regulated by the market and decided independently by the training institution itself . 

Article 23   A private training institution shall abide by the following provisions on fee collection: 

(1) The charging items, standards and basis shall be displayed at a prominent position of its training locations; 

(2) Where an hourly charge is applied, the advance charge shall cover a maximum of 80 class hours (a maximum of 60 minutes for a class hour); where a training cycle is applied,  the advance charge shall cover a maximum of six months; 

(3) Legal vouchers of the training institution for fee collection shall be issued ; 

(4) The training institution shall not collect fees beyond the publicized charging items and standards, nor shall it, in any name, apportion charges on or forcibly raise funds from trainees. 

Article 24   A private training institution shall display the refunding system at a prominent of position its training locations and make it known to the trainees clearly before their payment. 

A private training institution shall abide by the following provisions on refunds: 

(1) If a trainee proposes to drop out of the training institution before beginning of the initial class, the training institution shall refund all the fees that has been paid by the trainee. If the fees for educational services or other agency fees for collection and custody have been actually incurred, the remaining fees shall be refunded after deduction of the expenses already incurred. 

(2) If a trainee proposes to drop out of the training institution after beginning of the classes, the training institution shall refund the remaining part of the fees after deducting the corresponding proportion of tuition fees for the completed hours or part of a training cycle, as well as the agency fees for collection and custody and the related taxes that have been actually incurred; 

(3) If a trainee proposes to drop out of the training institution because the training institution publishes false enrollment guides or advertisements or fails to fulfil its promises agreed in writing, it shall refund all the fees that has been paid by the trainee; 

(4) A private training institution shall complete the examination and verification within three working days from the date of receipt of a refund application; and if there is no objection from both sides, the refund shall be in place within 30 days. 

Article 25    A private training institution shall practice a supervision system for its deposit account dedicated to the training fees collected, so as to ensure that such fees are mainly used for educational and teaching activities, for improving the school-running conditions, and for protecting the legitimate rights and interests of the trainees and the staff. The specific measures shall be formulated by the municipal department of education and the municipal department of human resources and social security jointly with other relevant departments. 

Article 26   A private training institution shall establish and improve the risk prevention and safety management system and the emergency warning and treatment mechanism, formulate contingency plans, strengthen the construction of safety facilities, implement safety precautions, appoint responsible persons for safety management, conduct safety hazard investigations at regular intervals, and ensure the personal and property safety of the trainees and the staff.  

Article 27   A private training institution shall set up a complaints hotline and designate special persons to handle complaints promptly and properly. 

  

Chapter Four   Supervision and Legal Responsibility 

Article 28   The departments of education, human resources and social security, industry and commerce, and civil affairs shall establish an information-sharing mechanism, by which their information concerning the examination and approval, registration, changes, termination or cancellation, supervision and inspection, and administrative penalties of private training institutions is notified to the relevant departments through the sharing and exchange platform of the credit information of market players and the municipal public service platform of credit information, so as to share information through interconnection. 

The departments of education and the departments of human resources and social security may exercise supervision and administration over private training institutions by means of joint inspection and joint law enforcement, and publicize the results of inspection and law enforcement according to law. 

Article 29   A private training institution that, in violation of the provisions of these Measures, commits any of the following acts shall be ordered to make corrections within a time limit and concurrently given a warning by the department of education or the department of human resources and social security at the district level in line of their respective responsibilities; if such institution fails to make corrections within the time limit, it shall be imposed a fine of not less than RMB 5,000 but not more than RMB 30,000: 

(1) failing to display the school-running permit in a prominent position of its major training locations; 

(2) trading the sources of students, or entrusting or contracting its enrollment work to other entities, intermediaries or individuals; or 

(3) employing teachers or management persons who do not have the corresponding qualifications. 

Article 30   A private training institution that, in violation of the provisions of these Measures, commits any of the following acts shall be ordered to make corrections within a time limit and concurrently given a warning by the department of education at the district level; if such institution fails to make corrections within the time limit, it shall be imposed a fine of not less than RMB 5,000 but not more than RMB 30,000: 

(1) carrying out joint enrollment or training with public primary or secondary schools or public kindergartens; 

(2) recommending students or providing services such as enrollment examinations for public primary or secondary schools or public kindergartens;  

(3) employing in-service teachers in public primary or secondary schools or public kindergartens, or providing them with venues for paid training; or 

(4) hosting or organizing competitions, examinations or tests of Chinese, mathematics, foreign languages and other disciplines targeting at pupils, or providing the results of competitions, examinations or tests held within the training institution to the primary and secondary schools of this Municipality. 

Article 31   A private training institution that, in violation of the provisions of these Measures, commits any of the following acts shall be ordered to make corrections within a time limit and concurrently given a warning by the competent department of price; if such institution fails to make corrections within the time limit, it shall be imposed a fine of not less than RMB 10,000 but not more than RMB 30,000: 

(1) failing to apply an hourly charge or a training cycle when collecting training fees ; 

(2)where an hourly charge is applied, collecting an advance charge covering more than 80 hours ; or 

(3) where a training cycle is applied, collecting an advance charge covering more than six months. 

Article 32   A private training institution established in violation of relevant provisions shall be ordered by the department of education or the department of human resources and social security at the district level, together with the department of public security, the department of civil affairs, or the department for industry and commerce departments at the same level, to stop running and return the fees collected, and the organizer of such institution shall be concurrently imposed a fine of not less than one time but not more than five times the illegal income; if it constitutes a violation of public security administration, the public security organ shall impose a penalty for public security administration according to law; if it constitutes a crime, criminal responsibility shall be investigated according to law. 

The people's governments at the district level may organize the departments of education, human resources and social security, industry and commerce, civil affairs, and public security to carry out joint law enforcement, so as to jointly investigate and punish the illegal establishment of private training institutions. 

  

Chapter Five   Supplementary Provisions 

Article 33   For a private training institution that has obtained the school-running permit issued by the department of education or the department of human resources and social security before September 1, 2017 and that has been registered with the department of civil affairs, if it chooses to be registered as a non-profit private training institution, it may continue its training activities within the scope stated on its school-running permit; if it chooses to be registered as a profit-making private training institution, it shall carry out financial liquidation, define the ownership of property according to law, and pay relevant taxes and fees, and shall, after completion of the cancellation of registration, go through the formalities for re-registration with the administrative department for Industry and commerce. The specific measures shall conform to relevant provisions of the Province. 

Article 34   An educational enterprise or individual business that has been registered directly with the administrative department for industry and commerce before September 1, 2017 and whose business scope includes cultural or vocational training shall suspend enrollment of trainees from the date of implementation of these Measures. If it chooses not to carry out training activities any more, it shall properly handle the follow-up matters and go through the formalities for registration of change or cancellation; if it chooses to continue training activities, it shall obtain the school-running permit according to law within one year from the date of implementation of these Measures and go through the formalities for registration of change. 

An educational enterprise or individual business that has been registered directly with the administrative department for industry and commerce before September 1, 2017 and that carries out relevant training activities in the name of educational consultation and educational services through its business scope does not include cultural or vocational training shall stop relevant training activities from the date of implementation of these Measures and properly handle the follow-up matters. 

For those who continue to carry out relevant educational training activities in violation of the provisions of the first and second paragraphs of this Article, the people's governments of the districts where such training institutions are located shall organize the departments for industry and commerce, the departments of education, and the departments of human resources and social security to carry out dedicated cleanup and regulation. 

Article 35   These Measures shall come into force as of March 15, 2018.  

  

  

  

 

To: 

People’s governments at the district level, departments of the Municipal Peoples Government. 

Office of Legislative Affairs of the Provincial Peoples Government. 

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties. 

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate. 

News agencies, enterprises and institutions affiliated to ministries. 

General Office of Wuhan Municipal People’s Government 

Printed and Distributed on February 9, 2018