Chapter I General Provisions
Article 1
In order to further promote the opening-up of education in Beijing, optimize the development environment, satisfy the demand of children of foreign nationals to receive education in Beijing and safeguard the legitimate rights and interests of schools for children of foreign nationals and the students, these Measures are hereby formulated based on the reality of Beijing municipality and in accordance with the laws, regulations and normative documents including the Education Law of People's Republic of China, Law on the Promotion Of Non-public Schools of the People’s Republic of China, Regulations on the Implementation of Law on the Promotion Of Non-public Schools of the People’s Republic of China, Provisional Regulations for Registration and Management of Private Non-enterprise Units, Interim Regulations of the State Education Commission of the People's Republic of China For the Administration and Establishment of Schools for Children of Foreign Nationals(Jiao Wai Zong [1995) No. 130], Decision of the State Council on Cancellation and Adjustment of the Sixth Batch of Items Subject to the Administrative Examination and Approval (Guo Fa [2012) No.52], and Notice of the Approval Reform Office of Beijing Municipal Government on the Dynamic Adjustment of the First Batch of Government Service Items in 2019 (Jing Shen Gai Ban Fa [2019] No.1).
Article 2
Foreign natural persons residing legally in Beijing and branch institutions of foreign organizations, foreign enterprises or international organizations set up legally in Beijing, and Chinese individuals or social organizations other than state authorities, who utilize non-governmental financial funds, may apply for establishing schools for children of foreign nationals (hereafter referred to as "Schools") in accordance with these Measures. The Schools can provide pre-school education and primary and secondary education with a foreign model of education and teaching.
Article 3 The Schools and their founders, the faculty and students shall abide by the laws, regulations, public order and good morals of China, and shall not undermine the national interests of China and social public interests. The Schools are obliged to educate the faculty and students on China's laws and regulations, and the lawful rights and interests of the Schools and their founders, the faculty and students are protected by Chinese laws.
Article 4
The education authorities at municipal and district levels implement a principle of on-demand establishment, regulated school-running, and legal administration. The Beijing Municipal Education Commission shall be responsible for the overall planning, comprehensive coordination, policymaking, and macro management of all schools for children of foreign nationals in Beijing, while education authorities in all districts shall be responsible for the planning, examination and approval, and supervision of schools for children of foreign nationals within their respective administrative regions, and for guiding schools to operate in accordance with laws and regulations.
Chapter II Establishment
Article 5
For the purposes of applying for establishing schools for children of foreign nationals, the following basic conditions shall be satisfied:
(1) the establishment shall conform with the overall planning of Beijing Municipality;
(2) branch institutions of foreign organizations that apply for the establishment shall be set up legally in Beijing. Chinese social organizations that apply for the establishment shall possess the qualifications of a legal person. Natural persons that apply for the establishment shall possess full capacity for civil conduct, have no criminal record, a permanent residence and stable job in Beijing. Foreign natural persons that apply for the establishment shall also hold the People's Republic of China Foreign Permanent Resident ID Card issued by the Ministry of Public Security.
(3) the applicant has the eligibility to introduce foreign education and teaching models;
(4) the applicant has the appropriate source of students and requirements for establishing the schools;
(5) the applicant has the source of teachers that meet the demand on education and teaching;
(6) the applicant has the sites, facilities and other school-running conditions in compliance with relevant regulations, standards and requirements of Beijing and China;
(7) the applicant has the necessary school-running funds and stable sources of funds, and investment compatible with the planned scale of the schools.
Article 6
The standards for establishing schools for children of foreign nationals shall conform to those for establishing public schools of the same level and category in Beijing;
Article 7
The establishment of schools can be divided into two stages: preparation for establishment and official establishment. Where conditions and the standards for establishing schools are satisfied, an application for the official establishment may directly be made. The materials of applying for preparation for establishment and official establishment shall be submitted to the education authority in the district where the schools are located.
Article 8
To apply for preparing to establish schools for children of foreign nationals, the following materials shall be submitted to the education authority in the district where the schools are located:
(1) an application which shall mainly include: the founder, the name of the school, aims of education, enrollment plan, scale of the school, level of the school, form of education, school-running conditions, internal management system, raising of funds and their management and use, etc.;
(2) the Application Form for the Preparation for Establishment/Official Establishment of Schools for Children of Foreign Nationals in Beijing issued by the Beijing Municipal Education Commission;
(3) sources and amount of the funds required for the running of the schools and their valid certificates;
(4) location, sites, facilities and other school-running conditions and their valid certificates, and certificates provided by the housing safety and fire protection department for school-running sites (or professional organizations);
(5) Where the assets of the school are donated, an agreement of donation shall be submitted and it shall include the name of the donator(s), the amount of the donated assets, uses and management methods, and the relevant valid certificates;
(6) a survey of the source of students within the region where the school is located and the feasibility study of the school-running;
(7) a financial audit report issued by the accounting firm entrusted by the school founder;
(8) certificate of legal person status of the founder, including permit, registration certificate or business license, photocopy of the valid identity document of the legal representative, name list of the heads and members of the decision-making body and authority and photocopies of their valid identity documents, and the resolution of the decision-making body and authority that agree to invest in establishing the schools;
(9) natural persons shall submit a photocopy of valid identity document, personal certificate of deposit, certificate of non-criminal record that covers the past five years issued by the notarization authority of the country of residence, the highest diploma or degree certificate, certificate of employment and valid residence certificate issued by a Beijing-based employer. Foreign natural persons shall also submit the People’s Republic of China Foreign Permanent Resident ID Card issued by the Ministry of Public Security and certificate of residence issued by public security organs;
(10) other certificates and documents deemed necessary by the examination and approval authorities.
Article 9
The education authorities in all districts shall, within 30 days after the acceptance of the application for preparing to establish schools for children of foreign nationals, make a decision in writing on whether to approve it or not. If they approve the application, they shall issue a written approval for preparing to establish the schools. If they do not approve the application, they shall explain the reasons. The period of establishment preparations shall not exceed three years; if it exceeds three years, the founder shall refile its application. During this period, enrollment is banned.
Article 10
To apply for official establishment of schools for children of foreign nationals after the preparation for establishment, the following materials shall be submitted:
(1) the Application Form for the Preparation for Establishment/Official Establishment of Schools for Children of Foreign Nationals in Beijing issued by the Beijing Municipal Education Commission
(2) the written approval for preparing to establish the schools issued by the education authority in the district where the schools are located;
(3) a report on the preparations of the establishment;
(4) articles of the association of the school;
(5) source and amount of the funds required for running the schools and their valid certificates;
(6) certificate of legal person status of the founder, including permit, registration certificate or business license, photocopy of the valid identity document of the legal representative, name list of the heads and members of the decision-making body and authority and photocopies of their valid identity documents, and the resolution of the decision-making body and authority that agree to invest in establishing the Schools; natural persons shall submit a photocopy of valid identity document, personal certificate of deposit, certificate of non-criminal record that covers the past five years issued by the notarization authority of the country of residence, the highest diploma or degree certificate, certificate of employment and valid residence certificate issued by a Beijing-based employer. Foreign natural persons shall submit the People's Republic of China Foreign Permanent Resident ID Card issued by the Ministry of Public Security and certificate of residence issued by public security organs.
(7) location, sites, facilities and other school-running conditions and their valid certificates, and certificates provided by the housing safety and fire protection department for school-running sites (or professional body);
(8) the identity documents of the component members of the first board of directors or executive council, legal representative and principal, their CVs, diplomas and degree certificates, professional titles, certificates of legal residence in Beijing. The principal shall submit proof documents certifying that he/she has over five years’ experience in education, teaching and management;
(9) qualification certificates of teachers;
(10) the source of courses, textbooks, course overview and teaching syllabus;
(11) other certificates and documents deemed necessary by the examination and approval authorities.
Article 11
Where conditions and the standards for establishing the Schools are satisfied, an application for its official establishment may directly be made, and the materials prescribed in the subparagraph (1) to subparagraph (9) of Article 8 and subparagraphs (4), (8), (9), (10), (11) of Article 10 of these Measures shall be submitted.
Article 12 The Schools shall only use one Chinese name and its foreign name shall be translated from the Chinese one. The name of the Schools shall reflect the nature, level and category of general education in different countries and shall not include words such as "China", "National", "World", and "Global". Starting from the date of issuance of these Measures, the standard name of newly established schools for children of foreign nationals shall take the format of "Beijing xx School for Children of Foreign Nationals".
Article 13
The education authorities in all districts shall, within 3 months after the acceptance of the application for the establishment of schools for children of foreign nationals, make a decision in writing on whether to approve it or not. If they approve the application, they shall issue the School-running License of Schools for Children of Foreign Nationals in Beijing issued by the Beijing Municipal Education Commission. The duration of the license shall be in proportion to the level and category of the school. Where the schools do not violate any laws and regulations during the licensing period and pass the annual review successively, they can automatically be granted a new license after the expiry date.
Article 14
The education authorities in all districts will organize experts to review the application documents for the preparation for establishment or official establishment of Schools, including organizing or entrusting a social intermediary agency to pay an inspection visit to the Schools that wait for official establishment after the completion of preparation. The review time will not be factored into the examination and approval period.
Article 15
After obtaining the school-running license, the Schools shall register as legal entities at the relevant departments in accordance with China's laws and administrative regulations.
Article 16
After approving the establishment of the schools, the education authorities in all districts shall publish the main information on their official websites and shall report to the Beijing Municipal Education Commission for recording.
Chapter III Organizations and Activities of Schools
Article 17
The articles of the association of the schools shall include but not limited to:
(1) the name and address of the school;
(2) the aims of running the school, scale, level, form and enrollment, etc.;
(3) the name and domicile of the founder and the amount, source and nature of his/her assets, etc.;
(4) the setup method, component members, term, rules of procedure, and major responsibilities of the board of directors, executive council, or other forms of decision-making bodies of the schools; conditions, terms and selection methods of component members of the board of directors, executive council, or other forms of decision-making bodies of the Schools; and enforcement rules and applicability of resolutions of the organizational institutions and decision-making bodies, the responsibility of the decision-making body (member) for losses incurred by decision mistakes, and handling measures for the unusual situation of the decision-making body;
(5) the legal representatives of the Schools and the selection methods;
(6) major internal departments of the Schools and their selection methods, functions and rules;
(7) selection and removal procedures, responsibilities and power and term of the principal;
(8) management measures of fee collection and refund;
(9) the procedure of amending the articles of the association;
(10) reasons of the voluntary termination of the schools;
(11) the alteration and termination procedure of the school and the asset disposal after termination;
(12) other matters that must be specified in the articles of the association.
The amendment of the articles of the association shall be reported to the education authority in the district where the schools are located for recording.
Article 18
The schools shall set up a board of directors or an executive council as the highest decision-making body. The board of directors or the executive council of the schools shall be composed of the representatives of the founders, the principal, and the representatives of the teachers and staff members. The board of directors or the executive council shall exercise their functions and powers in accordance with the rules prescribed in the articles of the association. The board of directors or the executive council of the schools shall be composed of no less than five people, with one of them serving as chairman of the council or board. The members of the board or council shall possess full capacity for civil conduct and abide by China's laws and regulations. The name list of the chairman and members of the board or the chairman of the council and directors shall be submitted to the education authority in the district where the schools are located for recording. The board of directors or the executive council shall hold meetings on a regular basis and form a sound system of meeting minutes and archiving of meeting resolutions. When attending the board or council meeting, the representative of the founder shall participate in the operation and management of the school in accordance with the authority and procedures of the articles of the association.
Article 19
The schools may set up supervisors or the supervisory board in accordance with the articles of the association to supervise the operation of the schools and the business execution of the board of directors or the executive council. The supervisory board shall be composed of the founder and representatives of the teachers and staff members, no less than three people.
Article 20
The representative of the founder, legal representative or the principal of the School shall be based in Beijing. The legal representative of the school will be selected from the representative of the founder, chairman of the board, chairman of the council or the principal.
Article 21
The schools shall carry out education and teaching activities in accordance with the location specified on the license.
Article 22
The schools shall employ teachers and management personnel in accordance with relevant laws and regulations. To employ Chinese and foreign teachers, staff members and management personnel, the schools shall sign official labor contracts with them and involve them in all types of social insurance as required.
The appointment of foreign nationals shall conform with Regulations of the People’s Republic of China on Administration of the Entry and Exit of Foreigners and relevant regulations for foreigners working in China. The appointment of personnel enjoying diplomatic privileges and immunities shall be approved by the Ministry of Foreign Affairs.
Article 23
The schools shall protect the lawful rights and interests of the students according to the law.
The schools shall enroll children of foreign nationals who are residing legally in the administrative regions of Beijing.
Approved by the education authority in the district where the Schools are located, the Schools may enroll children of residents who are residing legally in Beijing from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan region, children of Chinese citizens who are residing legally overseas and children of introduced talents that meet relevant requirements.
Article 24
The schools shall, in accordance with the law, establish financial and accounting systems and an assets management system, and set up accounting books complying with the relevant regulations of the State.
Based on the operation cost, market demands and other factors, projects that require a collection of fees and the standards shall be published and subject to the supervision of relevant authorities. The schools shall collect fees in the currency of CNY per academic year or semester, which will be mainly used for education and teaching activities, improving school-running conditions and guaranteeing the benefits of teachers and staff members. The foreign exchange receipts and payments and the opening and use of foreign exchange accounts of the schools shall abide by regulations of the administration of foreign exchange.
The schools shall enjoy property rights of the legal persons in respect of the assets provided by founders to the schools, donated property and school accumulation. When the schools are in existence, all the assets shall be managed and used by the schools in accordance with the law, and no organization or individual may seize and occupy them. No organization or individuals may, in violation of laws or regulations, collect any fees from the schools.
Article 25
The schools shall be forbidden to engage in business activities and other profitable businesses other than school-running within the territory of China.
Chapter IV Teaching Management
Article 26
The curriculum, teaching plan, materials and content shall be determined by the schools which shall build a review mechanism of education and teaching to ensure the teaching, teaching materials and other supporting materials conform with China's laws and regulations, and will not undermine China's national interests and social public interests.
The schools shall open courses in Chinese language and culture and launch activities to help students learn about Chinese history and culture.
Article 27
The schools shall establish a sound management and evaluation system for teachers, formulate measures of appointment, evaluation, promotion, reward and punishment, and improve the exit mechanism of teachers; specify responsibilities and requirements for teachers of different types and list necessary teaching qualifications, professional ability and cross-cultural communication skills in the job descriptions; strengthen management of foreign teachers and educate them on China's laws and regulations and the moral ethics of teachers; protect and stimulate the initiative of teachers to perform teaching tasks and improve teaching results through evaluation, incentive and other measures in a planned way; improve the teaching capability and cross-cultural communication skills of teachers in a planned way through trainings and exchanges; and guarantee the development of faculty resources for the courses of Chinese and Chinese culture.
Article 28
The schools shall provide adequate and quality teaching facilities and resources for students, such as classrooms, labs, libraries, reading rooms, teaching and experiment equipment, computer network and online resources, etc..
Article 29
The schools shall provide guidance and support to students based on their development characteristics, organize and guide them to participate in healthy and beneficial extra-curriculum education activities, encourage and guide them to utilize mutual-aid teaching, and promptly identify and intervene difficulties encountered by students in study; and shall organize students in a planned way to participate in the activities involving cultural experience and the learning of China's circumstances, and cooperate with people's organizations and communities to push for the positive and benign interaction between the students and the society.
Article 30
The schools shall improve the awareness of quality assurance, and perfect its quality assurance system. A self-evaluation system for teaching shall be established for an analysis of teaching conditions, teaching process and teaching results based on the specific talent development goals. In particular, emphasis shall be given to the evaluation of teaching by teachers, students and parents and the evaluation of learning outcomes and efficiency of the use of teaching resources.
Article 31
The schools shall be encouraged to be involved in internationally high-level evaluation system, summarize and share outcomes of education and teaching as well as experience, and enhance communication and exchanges with primary and secondary schools in this municipality in education philosophy, and teaching models.
Chapter V Supervision and Management
Article 32
The schools shall import and purchase textbooks, teaching equipment and office supplies in accordance with China's relevant regulations. The education authority in the district where the schools are located may review the textbooks used by the schools based on the needs of management.
Article 33
The construction land of the schools shall be processed according to the relevant regulations of Beijing and China.
The campuses and sites of the schools shall not be used for activities irrelevant to education and teaching.
Article 34
The schools shall guarantee the lawful rights and interests of the students, and build the registration management system in accordance with the regulations of Beijing and China.
Article 35
The schools shall set up an annual work report system and submit the report of the previous year to the education authority in the district where the Schools are located in March. The report shall include at least the review of the schools, education and teaching, financial and asset management, appointment of teachers and staff members, enrollment, registration management, school safety, and emergency response.
Prior to the launch of yearly enrollment, the schools shall submit enrollment guides and advertisements to the education authority in the district where the schools are located for recording.
The schools shall report the curriculum, textbooks, instructions, name lists of executives, teachers and students to the education authority in the district where the schools are located within three months after the new semester starts every year. The use and financial management of the assets for the Schools shall be subject to supervision of the examination and approval authorities and other relevant departments. The schools shall prepare their financial and accounting reports at the end of each fiscal year, entrust accounting firms to audit the reports according to the laws, publish the audit results and submit the results to the education authority in the district where the schools are located.
The schools shall cooperate with the registration authority in annual inspection, level evaluation, spot check, spot check for auditing, information disclosure, and credibility building.
Article 36
The education authority in the district where the schools are located and other relevant departments shall, in accordance with the law, exercise supervision over and provide guidance to the schools to fulfill their obligations. A system of information disclosure and credit archive shall be established to improve the quality of school-running. The education authorities in all districts shall perform annual inspections on the schools for children of foreign nationals and leverage the outcomes.
Article 37
The Schools shall guarantee safety by reference to the relevant provisions in Regulations of Safety Management in Kindergartens, Primary and Secondary Schools in Beijing(Trial). To ensure the life safety of students on campus, the Schools shall insure students with appropriate commercial insurance.
Chapter VI Alteration and Termination
Article 38
The alteration of the founder, legal representative and site shall be reported to the education authority in the district where the schools are located for approval and verification and relevant materials shall be submitted:
(1) Alteration of the founder
1. the Application Form for the Preparation for Establishment/Official Establishment of Schools for Children of Foreign Nationals in Beijing printed by Beijing Municipal Education Commission;
2. certificate of legal person status of the new founder of the schools, including permit, registration certificate or business license, photocopy of the valid identity document of the legal representative, name list of the heads and members of the decision-making body and authority and photocopies of their valid identity documents, and resolution of the decision-making body and authority that agree to invest in establishing the schools;
3. the financial audit report issued by the accounting firm entrusted by the new founder;
4. natural persons as the new founder shall submit a photocopy of valid identity document, personal certificate of deposit, certificate of non-criminal record that covers the past five years issued by the notarization authority of the country of residence, the highest diploma or degree certificate, certificate of employment and valid residence certificate issued by a Beijing-based employer. Foreign natural persons shall also submit the People's Republic of China Foreign Permanent Resident ID Card issued by the Ministry of Public Security and certificate of residence issued by public security organs;
5. resolutions of the former board of directors or the executive council;
6. the agreement concerning alteration signed between the new founder and the original founder;
7. the financial audit report of the previous year issued by the accounting firm entrusted by the original founder;
8. legally binding financial liquidity report;
9. list of school assets and valid certifications;
10. the formulated or confirmed articles of the association after the alteration of the founder;
11. the revised or confirmed source of courses, textbooks, course review and teaching syllabus after the alteration of the founder;
12. status of the principal and teachers after the alteration. Qualification documents shall be submitted if alteration applies;
13. other necessary certificates and documents deemed necessary by the examination and approval authorities.
(2) Alteration of Legal Representative
1. application letter for the alteration of legal representative;
2. the resolution of the board of directors or the executive council;
3. articles of the association;
4. valid identity document of the legal representative;
5. valid residence certificate of the legal representative;
6. CV of the legal representative;
7. other certificates deemed necessary by the examination and approval authorities.
(3) Alteration of the Site
1. application letter for the alternation of the site;
2. the resolution of the board of directors or the executive council;
3. valid certificates of new location, sites, facilities and other school-running conditions, and certificates provided by the housing safety and fire protection department for school-running sites (or professional body);
4. other certificates and documents deemed necessary by the examination and approval authorities.
The alteration of the principal and members of the board or the council shall be reported to the education authority in the district where the Schools are located for recording. The application for establishing new schools across districts shall be made to the education authority in the district where the new schools are located, and applicants shall meanwhile report to the education authority in the district where the original schools are located for recording.
Article 39
The alteration of the name and level of the schools shall be reported to the education authority in the district where the schools are located for approval and verification and relevant materials shall be submitted:
1. alteration of the name of the schools (of equivalent qualifications)
2. alteration of the level of the schools
1. the application letter for the alteration of the level of the schools;
2. the resolution of the board of directors or the executive council;
3. feasibility report;
4. curriculum arrangement and textbook selection;
5. appointment of principals and teachers;
6. facilities of the Schools; and
7. other certificates and documents deemed necessary by the examination and approval authorities.
Article 40 Where Schools are found in one of the following circumstances, they shall be terminated：
(1) it is required to be terminated according to the articles of the association, and the termination is approved by the education authority in the district where the schools are located；
(2) the School-running License of Schools for Children of Foreign Nationals in Beijing is revoked；
(3) they cannot continue due to insolvency；
(4) other circumstances where the schools shall terminate according to the law.
Article 41
When the schools are to be terminated, they shall make proper arrangements for the students, teachers and staff members in the schools.
Article 42
When the schools are to be terminated, they shall make financial settlement according to the articles of the association and China's laws and regulations.
Where the schools request termination itself, they shall make arrangements for the settlement; where they are abolished by the education authority in the district where the schools are located according to the law, the settlement shall be arranged by the schools and supervised by the authority; where they are terminated for they cannot continue due to insolvency, the settlement shall be arranged by the People's Court.
Article 43
When the schools are terminated, property of the schools shall be liquidated in the following order:
(1) tuition fees and extras and other expenses paid by students that should be returned；
(2) wages payable to the teachers and staff members and the social insurance premiums that should be paid;
(3) other debts that should be cleared off.
After the debts mentioned above are cleared off, the remaining property of the school shall be disposed in accordance with provisions of relevant laws and administrative regulations.
Article 44
When the schools are terminated, the permit for running the schools shall be returned to the education authority in the district where the schools are located, and their registration shall be cancelled in accordance with the law.
Chapter VII Legal Responsibility
Article 45
Where the founder establishes the schools without authorization, a penalty will be imposed by the education authority in the district where the schools are located in accordance with the Article 75 in Education Law of People’s Republic of China or the Article 64 in Law on the Promotion of Non-public Schools of the People's Republic of China.
Article 46
Where the schools violate the laws and regulations of education in operation, a penalty shall be imposed by the education authority of in the district where the schools are located in accordance with Education Law of People's Republic of China and Law on the Promotion of Non-public Schools of the People's Republic of China. If a crime is constituted, prosecution for criminal responsibility shall be undertaken according to the law.
Article 47
Where the schools violate the laws and regulations concerning tax, fee collection, foreign exchange and financial management, they will be handled by relevant authorities according to the law. If a crime is constituted, prosecution for criminal responsibility shall be undertaken according to the law.
Chapter VIII Supplementary Provisions
Article 48
The schools that have been established prior to the issuance of these Measures shall gradually meet the requirements prescribed in these Measures.
Article 49
These Measures shall not apply to the administration of the schools for children of diplomatic personnel established by the foreign diplomatic institutions in China.
Article 50
These Measures shall be interpreted by the Beijing Municipal Education Commission.
Article 51
These Measures will come into force as of the date of issuance and the Measures for the Management of Schools for Children of Foreign Nationals in Beijing (Trial) (Jing Jiao Wai [2017] No. 38) shall be repealed simultaneously.
(Source: Beijing Municipal Education Commission, Beijing Municipal Civil Affairs Bureau)
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(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)