Circular on Duly Carrying Out the Work Associated with the Examination, Approval and Registration of Foreign-Invested For-Profit Non-Curricular Language Training Institutions
关于做好外商投资营利性非学历语言类培训机构审批登记有关工作的通知
Clarification of registration procedures for foreign-invested for-profit non-curricular language training institutions
(Issued by the General Office of the Ministry of Education, the General Office of the Ministry of Commerce and the General Office of the State Administration for Market Regulation on, and effective as of, July 24, 2019.)
(教育部办公厅、商务部办公厅、市场监管总局办公厅于二零一九年七月二十四日起发布施行。)
Jiao Fa Ting Han [2019] No.75
教发厅函〔2019〕75号
Education departments (commissions), commerce departments (commissions) and administrations for market regulation of the provinces, autonomous regions and municipalities directly under the central government and the Education Bureau, Commerce Bureau and Administration for Market Regulation of the Xinjiang Production and Construction Corps:
各省、自治区、直辖市教育厅(教委)、商务厅(商务委)、市场监督管理部门,新疆生产建设兵团教育局、商务局、市场监督管理局:
With a view to having in-depth and thorough implementation of the requirements to expand the opening to foreign investment in education in this new era, and further promoting the healthy, compliant and orderly development of off-campus training institutions, we, pursuant to relevant provisions such as the PRC Education Law, the PRC Law on Promoting Private Education, the PRC Foreign Investment Law, the General Office of the State Council, Opinions on Regulating the Development of Off-Campus Training Institutions and the Special Administrative Measures for Foreign Investment Access (Negative List), hereby notify you on duly carrying out the work associated with the administration and service of foreign-invested for-profit non-curricular language training institutions as follows:
为深入贯彻落实新时代扩大教育对外开放的要求,进一步推动校外培训机构健康规范有序发展,根据《中华人民共和国教育法》《中华人民共和国民办教育促进法》《中华人民共和国外商投资法》《国务院办公厅关于规范校外培训机构发展的意见》《外商投资准入特别管理措施(负面清单)》等相关规定,现就做好外商投资营利性非学历语言类培训机构管理服务相关工作通知如下。
1 . The term "foreign-invested for-profit non-curricular language training institution" (Language Institution) means a foreign-invested enterprise that is registered and established in China in accordance with Chinese laws, that has secured enterprise legal person status in accordance with the law and that engages in for-profit non-curricular language training activities, and its principal or main administrative responsible person shall satisfy state provisions concerning such a position.
一、外商投资营利性非学历语言类培训机构(以下称外资语言类培训机构)是指依照中国法律在中国境内登记注册设立、依法取得企业法人资格,从事营利性非学历语言类培训活动的外商投资企业,其校长或者主要行政负责人应当符合国家有关任职规定。
2 . A Language Institution shall consciously comply with relevant state provisions, adhere to its fundamental mission of fostering integrity and turning out well-rounded individuals, strengthen education of students in the core values of socialism, and strengthen students' sense of social responsibility, spirit of innovation and practical abilities.
二、外资语言类培训机构应当自觉遵守国家有关规定,坚持立德树人的根本任务,对受教育者加强社会主义核心价值观教育,增强受教育者的社会责任感、创新精神和实践能力。
3 . A Language Institution shall assemble a skilled and relatively stable team of instructors. The instructors with foreign nationality engaged by it shall have good professional ethics, teaching capabilities and integrity record, the relevant international language instruction qualifications certificates compatible with the particularities of the language teaching and the relevant foreigner work permit; the instructors with Chinese nationality engaged by it shall have good ideological and moral character and the appropriate training qualifications.
三、外资语言类培训机构应当依法依规组建业务精湛、相对稳定的教学人员队伍。聘用的外国籍教学人员,应当具有良好的职业道德、业务能力和信用记录,具有符合语言教学特点的相关国际语言教学资质认证,并取得相应的外国人工作许可证;聘用的中国籍教学人员应当具有良好的思想品德和相应的培训资质。
4 . Where a Language Institution engages in the offering of training, it shall implement relevant state provisions on off-campus training institutions, apply for a school permit in accordance with standards and, once the education administrative department issues its private school permit, carry out legal person registration with the administration for market regulation and comply with relevant state provisions on foreign investment. Where training is offered online, matters shall be handled in accordance with provisions on online training.
四、外资语言类培训机构开展培训的,执行国家关于校外培训机构的有关规定,按照标准申请办学许可,由教育行政部门颁发民办学校办学许可证后,在市场监督管理部门进行法人登记,并应符合国家关于外商投资的有关规定。开展线上培训的,按照线上培训的有关规定执行。
5 . The school permits of Language Institutions shall be subject to administration locally, with the county-level education administrative departments responsible for examination, approval and the issuance of school permits. All branches or training locations established in the administrative area of the examination and approval authority shall be subject to examination and approval; where a branch or training location is established in a separate county, the examination and approval of the county-level education administrative department of the place where the branch or training location is to be located shall be required.
五、外资语言类培训机构的办学许可实行属地化管理,由县级教育行政部门负责审批、颁发办学许可证。在审批机关行政区域内设立分支机构或培训点的,均须经过审批;跨县域设立分支机构或培训点的,需经分支机构或培训点所在地县级教育行政部门审批。
6 . Whenever a local education, commerce, market regulation or other department carries out the examination and approval, registration, or record filing of a Language Institution, it shall fully take into consideration the special features of foreign-invested enterprises, explore the establishment of an inter-governmental coordination mechanism, combine relaxation and control as appropriate and optimize services.
六、各地教育、商务、市场监管等部门对外资语言类培训机构进行审批、登记或备案管理时,应当充分考虑外商投资企业的特点,探索建立部门协调机制,放管结合,优化服务。
7 . Language Institutions established prior to the issuance hereof shall endeavor to improve their conditions and make their acts compliant in accordance with the requirements hereof and relevant state provisions, and if one needs to carry out the procedures for a school permit, it shall submit its application to the local education administrative department within one year from the date of issuance hereof, collect its school permit and apply to the administration for market regulation for replacement of its business license on the strength of its school permit.
七、此通知印发前设立的外资语言类培训机构,应抓紧按照通知要求和国家相关规定完善条件、规范行为,需要办学许可的,应于本通知发布之日起一年内向各地教育行政部门提交申请,领取办学许可证,凭办学许可证到市场监管部门申请换发营业执照。
8 . This Circular shall be effective as of the date of its issuance. Once the Implementing Regulations for the PRC Law on Promoting Private Education and the PRC Regulations on the Establishment of Sino-Foreign Cooperative Joint Venture Schools have been amended and implemented, this Circular shall be revised accordingly. The Ministry of Education, the Ministry of Commerce and the State Administration for Market Regulation are charged with the specific interpretation hereof.
issued:2019-07-24 effective:2019-07-24八、本通知自印发之日起施行,待《中华人民共和国民办教育促进法实施条例》《中华人民共和国中外合作办学条例》修订实施后再相应进行调整,具体由教育部、商务部、市场监管总局负责解释。
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