Interim Regulations of the State Education Commission of the People's Republic of China for the Administration of Establishment of Schools for Children of Foreign Personnel
Article 1 These Regulations are formulated with a view to providing convenience for children of foreign personnel to receive education in China, perfecting the administration of schools for children of foreign personnel and promoting China’s opening to the outside world.
Article 2 The foreign institutions and foreign-funded ventures set up in China legally, the offices of international organizations in China and foreign nationals who are residing in China legally may apply for the establishment of schools for children of foreign personnel(hereafter referred to as “schools”) in accordance with these Regulations.
Article 3 The schools shall confine themselves to education of secondary schools (including regular secondary schools) and schools at lower levels.
Article 4 Whoever applies for the establishment of such a school shall have the following basic qualifications:
(1) The corresponding scale of sources of students and requirements for the establishment of the school;
(2) The teachers suited to the needs of education and teaching;
(3) The necessary site, facilities and other conditions for running the school; and
(4) The necessary funds for running the school and stable source of funds.
Article 5 Whoever applies for the establishment of such a school shall provide the following materials:
(1) The written application form (covering the aims of running the school, the enrollment plan, the areas where the students are to e enrolled, the scale of the school, etc.);
(2) The statutes of the school;
(3) The certificates of the applicant;
(4) The list of the headmaster and members of the board of directors and their credentials;
(5) The facilities, funds, school premises, site, sources of funds and the relevant supporting documents for the school to be established; and
(6) The sources of teachers.
Article 6 The applicant shall apply for the establishment of such a school to the administrative department of education of the province, autonomous region or municipality directly under the Central Government where the school is to be established for examination and approval, and then the application shall be submitted to the administrative department of education under the State Council for examination and approval.
Article 7 The schools established after approval shall have corporate capacity and independently undertake civil liability as of the date of approval.
The schools shall not set up branch schools.
Article 8 The schools shall enroll children of foreign personnel who have certificates of residence in China. They shall not enroll children of Chinese citizens in the country.
Article 9 The schools shall determine by themselves the courses to be offered, the teaching materials and the teaching programmers.
Article 10 The applicants shall raise funds by themselves for sunning the schools.
The schools shall not engage in industrial and commercial activities and other profit-making activities in China.
Article 11 The Government of the Peoples’ Republic of China encourages and supports the schools in offering courses of Chinese language and Chinese culture so as to enhance and deepen the students’ understanding of Chinese culture.
Article 12 The employment of foreign personnel by the schools shall be handled in accordance with the Law of the People’s Republic of China on Entry and Exit of Aliens and the relevant regulations on aliens working in China.
The employment of personnel of foreign embassies and consulates in China and their spouses by the schools shall be approved by the Ministry of Foreign Affairs.
For the employment of Chinese citizens, the schools shall apply to the provincial administrative department of education for examination and approval.
Article 13 The importation of teaching facilities and office supplies by the schools shall be handled in accordance with the relevant regulations of the state.
Article 14 The schools as well as their working personnel and students shall abide by the laws and statutes of China, respect the customs and habits of the Chinese people and shall not engage in activities the jeopardize the national security of the People’s Republic of China and the public interests of society.
Article 15 The land for construction of the schools shall be obtained in compliance with the statutes of the state concerning land administration. The premises and sites of the schools shall not be used to carry out activities that do not conform to their functions.
Article 16 Such a school shall submit the roll of teaching and administrative staff and the roll of students, the teaching materials, etc. to the local administrative department of education every year to serve as a record and be subject to the supervision and inspection carried out by the local administrative department of education according to law.
If there is any change in the headmastership and the membership of the board of directors, it shall be filed with the provincial administrative department of education.
Article 17 The provincial administrative department of education may, in the light of the degree of seriousness of the case, instruct such a school and the founder of the school to consolidate the school within a specified time or close down the school if there is any of the following case in violation of these Regulations.
(1) Unauthorized establishment of the school without approval;
(2) Enrollment of children of Chinese citizens in the country;
(3) Serous shortage of resources for running the school (including funds, sources of students, and teachers) which makes normal operation of the school impossible.
(4) Engagement in industrial and commercial activities and other profit-making activities; and
(5) Engagement in activities in violation of the laws and statutes of China.
Article 18 These Regulations shall not apply to the administration of the schools for children of diplomatic personnel established by the foreign diplomatic institutions in China.
Article 19 The people’s government of provinces, autonomous regions and municipalities directly under the Central Government may formulate specific regulations in the light of the local circumstances in accordance with these Regulations.
Article 20 These Regulations shall go into effect on the day of their promulgation. The schools that have been established earlier shall go through the relevant formalities remedially in accordance with these Regulations.