Circular on Duly Carrying Out the Work Associated with the Examination, Approval and Registration of 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.)

Jiao Fa Ting Han [2019] No.75

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:

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:

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.

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.

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.

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.

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.

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.

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.

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.