Ministry of Justice, Implementing Regulations for the PRC Law on Promoting Private Education (Draft Amendments) (Sent for Deliberation)

Issued: August 10 2018

Main contents: If a promoter of a non-profit private school is to be replaced, a replacement agreement shall be executed, and he/she may not derive a benefit from such replacement. An existing promoter of a private school may, on the basis of the lawful rights and interests he/she enjoys in accordance with the law, reach agreement with his/her successor to specify replacement benefits, but the same may not be for the purpose of making a profit and may not involve the school's legal person property. The promoter replacement agreement shall be submitted to the examination and approval authority for approval (Article 11).

Where the operation of schools is accomplished by means of a group, the control of a non-profit private school by means such as merger, acquisition, joining of a chain or control by agreement is prohibited (Article 12).