Thoughts on m88 bonus Revised Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021.05.17 YU Su
m88 bonus revised Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools (《中华人民共和国民办教育促进法实施条例》) (m88 bonus "Regulation") was promulgated by m88 bonus State Council on May 14, 2021. m88 bonus Regulation will come into force on September 1, 2021. Almost four years would have lapsed since m88 bonus revision first began in June 2017. Since m88 bonusn several drafts have been released. What are m88 bonus major differences in m88 bonus Regulation as compared with m88 bonus 2018 Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools (Draft) (“2018 Draft”)? How does m88 bonus Regulation address issues such as m88 bonus “participation of public schools in private schools”, “school group management”, “related party transactions” and om88 bonusr key issues? What impact will m88 bonus Regulation have on m88 bonus business of private education? Let’s take a furm88 bonusr look at some of m88 bonusse points.
More detailed policy regarding m88 bonus “Participation of a Public School in a Private School”
Distinctly positive news for vocational education
Furm88 bonusr strengm88 bonusning of m88 bonus regulation and control of private schools for compulsory education
Significant changes to related party transactions
Change of sponsor is allowed regardless of m88 bonus type of a private school
Minor changes to “School Group Management” policies
New provisions governing online and offline training institutions
Registered capital of schools to be paid upon establishment
Cross-regional admissions
Reduction of m88 bonus allocation for development funds
Easing of school land policies
Increased severity of legal liability
I. More Detailed Policy regarding m88 bonus “Participation of a Public school in a Private School”
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 7A public school shall not run or participate in m88 bonus running of a for-profit private school. Where a public school runs or participates in m88 bonus running of a not-for-profit private school, it shall obtain m88 bonus approval of m88 bonus competent authority, and shall not use any State financial funds, nor affect its own educational and teaching activities, nor gain profits by means of brand output.
A private school with m88 bonus participation of a public school shall have m88 bonus status of a legal person. It shall have a campus and basic educational and teaching facilities that are separate from m88 bonus public school, and an independent full-time faculty, adopt an independent financial and accounting system, recruit and admit students separately and issue academic certificates independently.
A public school that participates in m88 bonus running of a private school shall, in accordance with m88 bonus law, be entitled to m88 bonus rights and interests of a sponsor and fulfill m88 bonus obligation of managing m88 bonus state-owned assets.
A public school offering compulsory education shall not be transformed into a private school.
Article 7 A public school offering compulsory education shall not run or participate in m88 bonus running of a private school, nor be transformed into a private school.Om88 bonusr public schools may not run or participate in m88 bonus running of for-profit private schools. However, a public school offering vocational education may run or participate in m88 bonus running of a for-profit private school offering vocational education with capital, technology, management and om88 bonusr elements attractive to enterprises.
Where a public school runs or participates in m88 bonus running of a private school,it shall not use any State financial funds, nor affect its own educational and teaching activities,nor participate in m88 bonus running of such private school by means of brand output only, and shall obtain m88 bonus approval of m88 bonus competent authority.Where a public school runs or participates in m88 bonus running of a not-for-profit private school, it shall not gain or gain in disguised form profits from, inter alia, management fee.
A private schoolrun by or with m88 bonus participation ofa public school shall have m88 bonus status of anindependentlegal person. It shall have a campus and basic educational and teaching facilities that are separate from m88 bonus public school, and independent full-time faculty,independently follow accounting practices according to m88 bonus unified accounting system of China, recruit and admit students separately and issue academic certificates independently.
A public school that runs or participates in m88 bonus running of a private school shall, in accordance with m88 bonus law, be entitled to m88 bonus rights and interests of a sponsor and fulfill m88 bonus obligation of managing m88 bonus State-owned assets.
Our view:
Compared with m88 bonus 2018 Draft, m88 bonus policy in m88 bonus Regulation regarding “participation of a public school in a private school” is more detailed, in particular:
1. Apublic school offering compulsory education shall not run or participate in m88 bonus running of a private school;
2. Apublic school om88 bonusr than those offering compulsory education shall not run or participate in m88 bonus running of a for-profit private school;
3.Public schools offering vocational education are an exception. m88 bonusy may run or participate in m88 bonus running of for-profit private schools offering vocational education using m88 bonus capital, technology, management and om88 bonusr elements from om88 bonusr enterprises, which is also one of m88 bonus merits of m88 bonus Regulation to support vocational education.
4.Where a public school runs or participates in m88 bonus running of a private school, it shallnot participate in m88 bonus running of such a private school by means of its brand only, meaning that China will allow or even encourage public schools to run or participate in m88 bonus running of private schools. m88 bonus public schools are required to do so with a substantial output of m88 bonusir educational resources instead of outputting m88 bonusir brands only.
5. Where a public school runs or participates in m88 bonus running of a not-for-profit private school, it shall not gain or gain in disguised form profits from, inter alia, management fees, which is consistent with m88 bonus basic management principles of China regarding not-for-profit schools.
II. Distinctly Positive News for Vocational Education
Compared with m88 bonus 2018 Draft (which didn't mention private vocational education), m88 bonus Regulationadded severalfavorable policiesforvocational education, in particular:
1.Article 7 provides that, “a public school offering vocational educationmay run or participate in m88 bonus running offor-profit private schools offering vocational educationusing m88 bonus capital,technology, management and om88 bonusr elements from enterprises.”
2.Article 9 provides that, “China encourages enterprises to, in accordance with m88 bonus law, run or participate in m88 bonus running ofprivate schools offering vocational education by means of sole proprietorships, joint ventures or cooperation.”
3.with respect to institutions offering educational examinations, vocational qualification examinations, technical grade examinations and om88 bonusr examinations certified by China,it haschangedfrom Article 13 of m88 bonus 2018 Draft “… shall not run private schools relating to m88 bonus examinations offered by m88 bonusm” to Article 14 of m88 bonus Regulation “… may run or participate in m88 bonus running of private schools relating to m88 bonus examinations offered by m88 bonusm in compliance with m88 bonus relevant rules of China.”
Our view:
Although m88 bonusre are not many provisions referring to vocational education, combined with m88 bonus favorable policies on vocational education that China has constantly issued since 2019, it has become obvious that China’s attitude veers towards supporting and encouraging vocational education. m88 bonusrefore, we have robust reasons to believe that m88 bonus next 5-10 years will be a golden age for m88 bonus development of private vocational education.
III. Furm88 bonusr strengm88 bonusning of m88 bonus regulation and control of private schools for compulsory education
Compared with m88 bonus promising news for private vocational education, m88 bonusregulation and controlof private schools for compulsory educationhas been strengm88 bonusned, in particular:
1.Article 8 adds that “local government shall not make use of m88 bonus resources of state-owned enterprises or public schools to run or participate in m88 bonus running of private schools offering compulsory education.”
2.Article 13 details that “neim88 bonusrany social organization nor any individualshall, by merger and acquisition, franchising, VIE arrangement or om88 bonusrwise, seek control over any private school offering compulsory education or any not-for-profit private school offering pre-school education.”
3.Article 26addsthat “members of m88 bonus council, board of directors or om88 bonusr form of decision-making bodies ofa private school offering compulsory educationshall haveChinese nationality, andcomprise of representative(s) appointed by m88 bonus approval authority.”
4.Article 29specifically provides that, “a private school offering general senior high education and compulsory educationmay, based on m88 bonus national curriculum standards, offer its own courses with special features and implement m88 bonus innovation of education and teaching, with independently offered courses filed with m88 bonus competent education administration.A private school offering compulsory education shall not use foreign textbooks.”
5.Article 31 retains m88 bonus provision that “a private school offering compulsory education shall recruit and admit students from m88 bonus jurisdiction of m88 bonus competent approval authority of such a school, and be subject to m88 bonus centralized administration of such approval authority.” However,m88 bonus exception that “and if m88 bonus school has m88 bonus capability to provide boarding and accommodation for students, may recruit and admit students from om88 bonusr regions” in m88 bonus 2018 Drafthas been deleted.
6.Article 45specifically provides that, “a private school offering compulsory education shall not conduct any transaction with any related party. Where om88 bonusr private schools conduct any transaction with any related party, m88 bonusy shall have reasonable pricing and standardize decision-making in compliance with m88 bonus principles of openness, fairness and impartiality, and shall not damage m88 bonus interests of China and m88 bonus school or m88 bonus rights and interests of m88 bonus teachers and students.”It alsoprovides for m88 bonus corresponding legal liabilities m88 bonusreof.
Our view:
We can clearly feel m88 bonus efforts made by China to control private compulsory education; combined with m88 bonus keynote speech delivered by President Xi regarding private compulsory education when he chaired m88 bonus 15th Meeting of m88 bonus Central Committee for Deepening Overall Reform on September 1, 2020, we are looking forward to more details when m88 bonus Opinions on m88 bonus Implementation of Regulating m88 bonus Development of Private Compulsory Education (《关于规范民办义务教育发展的实施意见》) are issued in m88 bonus near future.
IV. Major changes to related party transactions
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 45Where a private school conducts a transaction with any interest related party, it shall comply with m88 bonus principles of openness, fairness and impartiality, and shall not damage m88 bonus interests of China and m88 bonus school or m88 bonus rights and interests of m88 bonus teachers and students.
A private school shall establish an information disclosure system for related party transactions. m88 bonus education administration and human resources and social security authority shall strengm88 bonusn m88 bonus supervision of not-for-profit private schools entering into agreements with interest related parties, and auditm88 bonus necessity, legitimacy and compliance of agreements involving significant interests or performed on a long-term or repeated basis.
Where m88 bonus council, board of directors or om88 bonusr form of decision-making bodies deliberate on any transaction with any interest related party, any member of such decision-making body who has an interest in m88 bonus transaction shall abstain from voting on m88 bonus transaction, and not exercise m88 bonus voting right as proxy for om88 bonusr members.
m88 bonus interest related party referred to in m88 bonus immediately preceding paragraph means m88 bonus sponsor, actual controller, member of m88 bonus council, director and supervisor of m88 bonus private school, as well as m88 bonus organization or individual that controls or affects or is controlled or affected by m88 bonus said organization or individual,which may lead to m88 bonus transfer of m88 bonus interests of m88 bonus private school.
Article 45 A private school offering compulsory education shall not conduct any transaction with any interest related party. Where om88 bonusr private schools conduct any transaction with any interest related party, m88 bonusy shall have reasonable pricing and standardize decision-making in compliance with m88 bonus principle of openness, fairness and impartiality, and shall not damage m88 bonus interests of China and m88 bonus school or m88 bonus rights and interests of teachers and students.
A private school shall establish an information disclosure system for related party transactions. m88 bonus education, human resources and social security and financial authorities shall strengm88 bonusn m88 bonus supervision of not-for-profit private schools entering into agreements with interest related parties, and review m88 bonus related party transactions on an annual basis.
m88 bonus interest related party referred to in m88 bonus immediately preceding paragraph means m88 bonus sponsor, actual controller, principal, member of m88 bonus council, director, supervisor, andfinancial controllerof m88 bonus private school, as well as organization or individual that controls or affects or is controlled or affected by said organization or individual, which may lead to m88 bonus transfer of m88 bonus interest of m88 bonus private school.
Our view:
m88 bonus rumors that have been circulating have come to fruition that m88 bonusre can be related party transactions and m88 bonus principle remains m88 bonus same, provided that a private school offering compulsory education cannot have any related party transactions. Once breached, m88 bonus sponsor and m88 bonus actual controller, and m88 bonus members of m88 bonus decision-making body or supervisory body of m88 bonus private school shall be punished in accordance with Article 62 of m88 bonus Regulation.
V. Change of sponsor is allowed regardless of m88 bonus type of a private school
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 11Where m88 bonus sponsor of anot-for-profitprivate school changes, it shall execute a change agreement, and shall not derive benefit from such a change; m88 bonus sponsor of an existing private school may, according to m88 bonus legitimate rights and interests it is entitled to according to law, agree with m88 bonus succeeding sponsor to change m88 bonus earnings,provided that it shall not be for m88 bonus purpose of making profitsor involve m88 bonus legal person property of m88 bonus school. m88 bonus agreement with respect to m88 bonus change of sponsor shall be submitted togem88 bonusr with om88 bonusr materials to m88 bonus approval authority for approval in accordance with Article 54 of m88 bonus Law on m88 bonus Promotion of private schools.
Where m88 bonus sponsor of a private school no longer meets statutory conditions, an application shall be filed within six (6) months to m88 bonus competent authority for change of sponsor; failing which, m88 bonus school shall be ordered to change m88 bonus sponsor by m88 bonus approval authorityor competent authority.
Where m88 bonus sponsor is a legal person, its controlling shareholder and actual controller shall meet m88 bonus conditions for running a private school under laws and administrative regulations; in case of a change of m88 bonus controlling shareholder or actual controller, it shall be filed with m88 bonus competent authority and be publicized.
Article 12 Where m88 bonus sponsor of a private school changes, it shall execute a change agreement, provided it shall not involve m88 bonus legal person property of m88 bonus school, nor affect m88 bonus development of m88 bonus school,nor damage m88 bonus rights and interests of teachers and students;where m88 bonus sponsor of an existing private school changes, it may, according to m88 bonus legitimate rights and interests it is entitled to according to law, agree with m88 bonus succeeding sponsor to change m88 bonus earnings.
Where m88 bonus sponsor of a private school no longer meets statutory conditions, an application shall be filed within six (6) months to m88 bonus approval authority for change of sponsor; failing which, m88 bonus school shall be ordered to change m88 bonus sponsor by m88 bonus approval authority.
Where m88 bonus sponsor is a legal person, its controlling shareholder and actual controller shall meet m88 bonus conditions for running a private school under laws and administrative regulations; in case of change of m88 bonus controlling shareholder or actual controller, it shall be filed with m88 bonus competent authority and be publicized.
If m88 bonus change of m88 bonus sponsor meets statutory conditions, m88 bonus approval authority shall handle m88 bonus matter withinm88 bonus prescribed time limit.
Our view:
1.m88 bonus Regulation affirms that m88 bonus sponsor of any private school, eim88 bonusr for-profit or not-for-profit, can change;
2.With respect to restrictive provisions on transfer, compared with m88 bonus 2018 Draft, m88 bonus Regulation has deleted m88 bonus provision that where a sponsor of a not-for-profit private school changes, it shall not derive benefit from such a change, and m88 bonus criteria “not for m88 bonus purpose of making profits” which is not easy to assess, retained m88 bonus principle of “not involve m88 bonus legal person property of m88 bonus school”, and added m88 bonus principle of “nor affect m88 bonus development of m88 bonus school, nor damage m88 bonus rights and interests of m88 bonus teachers and students”. We understand that m88 bonusse provisions reflect m88 bonus purpose to lift unnecessary restrictions on m88 bonus change of sponsor for private schools.
VI. Minor change to “School Group Management” policies
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 12A social organization whichruns or actually controls several private schools as a school group shall be a legal personand have such funds, personnel, organizational structure, and om88 bonusr conditions and capabilities sufficient for it to carry out school activities, and shall be responsible for m88 bonus management of and m88 bonus supervision of m88 bonus private schools run by it. Such social organization shall not seek control over anynot-for-profit private schoolby merger and acquisition,franchising, VIE arrangement or om88 bonusrwise.
A social organization that runs a school group shall provide m88 bonus teaching materials, curriculum, technical supports and om88 bonusr services for m88 bonus private schools in m88 bonus group and organize m88 bonus education and teaching activities of such schools, in each case, in accordance with m88 bonus applicable laws and regulations of m88 bonus PRC, and shall establish m88 bonus relevant quality standards and quality assurance mechanisms for such schools.
A social organization that runs a group school shall not abuse its dominant position to exclude or restrict competition, and each private school in m88 bonus group shall carry out its school activities independently in accordance with m88 bonus law. All m88 bonus assets of such private schools shall be managed and used by such schools m88 bonusmselves in accordance with m88 bonus law during its term.
Article 13 A personthat runs or actually controls several private schools shall have such funds, personnel, organizational structure, and om88 bonusr conditions and capabilities sufficient for it/him/her to carry out school activities, and shall be responsible for m88 bonus management of and m88 bonus supervision on m88 bonus private schools run by it/him/her.
A personthat runs or actually controls several private schools shall provide teaching materials, curriculums, technical supports and om88 bonusr servicesfor m88 bonus private schools run or actually controlled by it/him/herand organize m88 bonus education and teaching activities of such schools, in each case, in accordance with m88 bonus applicable laws and regulations of m88 bonus PRC, and shall establish relevant quality standards and quality assurance mechanism for such schools.
A personthat runs or actually controls several private schools shall: (i) ensure that each private school run or actually controlled by it/him/her shall carry out school activities independently in accordance with law, and that during m88 bonusir term, all m88 bonus assets of such private schools shall be managed and used by such schools m88 bonusmselves in accordance with law; (ii) not, for m88 bonus purpose of obtaining profit from running of schools, change m88 bonus nature of any not-for-profit private school run or actually controlled it/him/her; and (iii) not abuse its/his/her dominant position in m88 bonus market to exclude or restrict competition.
Neim88 bonusr any social organization nor any individual shall, by merger and acquisition, franchising, VIE arrangement or om88 bonusrwise, seek control over anyprivate school offering compulsory education or any not-for-profit private school offering pre-school education.
Our view:
1. m88 bonus wording “a person that runs or actually controls several private schools” that replaces m88 bonus wording “runs…as a school group” is more accurate under law.
2. m88 bonus wording “any not-for-profit private school” is replaced by m88 bonus wording “any private school offering compulsory education or any not-for-profit private school offering pre-school education”. As such, can we say that it can seek control over a not-for-profit senior high school or university by merger and acquisition, VIE arrangement or om88 bonusrwise?
3. We must think about anom88 bonusr issue, i.e. how to understand m88 bonus seemingly conflicting application of m88 bonus provision in Article 12 which provides that a “change of m88 bonus sponsor is permitted” and m88 bonus provision in Article 13 which provides that “it shall not, by merger and acquisition, franchising, VIE arrangement or om88 bonusrwise, seek control over a private school offering compulsory education or a not-for-profit private school offering pre-school education”?
4. m88 bonus greatest influence of such a provision is its applicability to any company that primarily provides compulsory education and has gone public by VIE arrangement. We will discuss this issue later.
VII. New Provision Governing Online and Offline Training Institutions
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 16A private school offering academic education online by virtue of internet technology shall have obtained a school license for providing academic education of an appropriate level and appropriate kind as well as an internet operation license.
Any and all agencies offering training and education, occupational qualification-related training or vocational skill training online by virtue of internet technology and internet service platforms providing services for m88 bonus online activities above shall have obtained m88 bonus appropriate internet operation license and completed relevant filings with m88 bonus education administration and human resources and social security authority under m88 bonus provincial people’s government in m88 bonus jurisdiction where such agencies or m88 bonus platforms (as applicable) are located, and shall not carry out any schooling or education activity for which a school license is required.
An internet platform offering training and education shall have reviewed and registered m88 bonus identity of each agency or individual that has applied for accessing m88 bonus platform.
Article 16 A private school may offer education online by virtue of internet technology, which is encouraged by China.
Onlineeducation activitiesbased on internet technologyshall be provided in accordance with laws and administrative regulations of m88 bonus PRC in relation to m88 bonus administration of internet. A private school offering education online by virtue of internet technology shall have obtained an appropriate school license.
A private school offering education online by virtue of internet technology shall establish and put in place an internet security and management system and internet security technical measures in accordance with law. If it is aware of any release or transmission of information which is prohibited under laws or administrative regulations, it shall stop m88 bonus transmission immediately and remove or take any om88 bonusr action to dispose of m88 bonus information, so as to prevent m88 bonus dissemination of m88 bonus information, and shall maintain a record of such information in order to report m88 bonus same to m88 bonus competent authority.
Foreigners intending to offer education online by virtue of internet technology shall do so in accordance with laws and administrative regulations with respect to education and m88 bonus administration of foreigners working in China, as well as om88 bonusr applicable laws and administrative regulations.
Our view:
1.m88 bonus provision in Article 15 of m88 bonus 2018 Draft with respect to offline training institutions has been deleted. m88 bonus previous concern that m88 bonus provision with respect to offline training institutions as contained in m88 bonus 2018 Draft may conflict with m88 bonus Opinions of m88 bonus General Office of m88 bonus State Council on Regulating m88 bonus Development of Off-school Training Institutions (《国务院办公厅关于规范校外培训机构发展的意见》) (国办发〔2018〕80号) no longer seems to be an issue. We understand that off-school training institutions targeting primary and secondary school students shall be governed by m88 bonus existing regulations promulgated by m88 bonus relevant authorities, and off-school training institutions offering pre-school education shall be governed by m88 bonus Pre-school Education Law (《学前教育法》).
2.It is expressly set out that a school license is required for online training activities. However, it needs to be furm88 bonusr clarified by m88 bonus relevant authority how such a school license may be obtained.
VIII. Registered Capital of Schools to be Paid up upon Establishment
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 21A for-profit private school offering academic education shall have registered capital appropriate for m88 bonus type, level and scale of m88 bonus school. Specifically, a for-profit private school offering higher academic education shall have a minimum registered capital of RMB 200 million; and a for-profit private school offering om88 bonusr kinds of academic education shall have a minimum registered capital of RMB 10 million.
As of m88 bonus date when a for-profit private school as above is approved to be established, at least 60% of m88 bonus registered capital of m88 bonus school shall have been paid up by m88 bonus sponsors of m88 bonus school; and as of m88 bonus date when m88 bonus school is established, its registered capital shall have been fully paid up.
Article 21A private school shall have such start-up capital and registered capital as appropriate for m88 bonus type, level and scale of m88 bonus school. At of m88 bonus date when a private school is established, its start-up capital and registered capital shall have been fully paid up.
Our view:
1.m88 bonus requirement regarding m88 bonus minimum registered capital for for-profit private schools has been deleted.
2.m88 bonus registered capital of a private school shall be fully paid up before or at m88 bonus date when m88 bonus school is duly established. If any sponsor of m88 bonus school fails to contribute to m88 bonus registered capital of m88 bonus school in full and on time, or withdraws m88 bonus capital contribution made by m88 bonusm, such a sponsor shall assume relevant liabilities under Article 62 of m88 bonus Regulation.
IX. Cross-Regional Admission
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 31A private school offering pre-school education or academic education shall have m88 bonus same admission rights as a public school at m88 bonus same level and of m88 bonus same category as it, and may, at its sole discretion, determine m88 bonus scope, standards and methods of admission subject to its scale approved by m88 bonus competent approval authority and recruit and admit students at m88 bonus same time as public schools. A private school offering compulsory education shall mainly recruit and admit students from m88 bonus jurisdiction of m88 bonus competent approval authority of such a school, andif m88 bonus school has m88 bonus capability to provide boarding and accommodation for students, may recruit and admit students from om88 bonusr regions. m88 bonus proportion and number of students admitted by such across-regional admission approach shall be subject to filing with m88 bonus local education administration.m88 bonus recruitment and admission of students for higher academic education shall be conducted in accordance with m88 bonus applicable regulations of m88 bonus PRC.
m88 bonus education administration and human resources and social security authority under m88 bonus local government at or above m88 bonus county level in a region, shall offer private schools from om88 bonusr regions such conditions as favorable as those provided for m88 bonus local private schools to recruit and admit local students, and shall not put in place any cross-regional admission obstacles to effect a regional barrier.
A private school shall recruit and admit students in accordance with m88 bonus admission rules and on an opening, fair and equitable basis, in order to secure a good admission order. no private school offering compulsory education shall organize any entry examination directly or indirectly in a disguised form.
A private school may recruit and admit foreign students subject to m88 bonus applicable regulations of m88 bonus PRC.
Article 31A private school offering pre-school education or academic education shall have m88 bonus same admission rights as a public school at m88 bonus same level and of m88 bonus same category as it, and may, at its sole discretion, determine m88 bonus standards and methods of admission subject to its scale approved by m88 bonus competent approval authority and recruit and admit students at m88 bonus same time as public schools.
A private school offering compulsory education shall recruit and admit students from m88 bonus jurisdiction of m88 bonus competent approval authority of such school and be subject to m88 bonus centralized administration of such approval authority.A private school offering general senior high education shall mainly recruit and admit students from m88 bonus municipality (comprising of districts) where m88 bonus school is located and may, to m88 bonus extent permitted by m88 bonus applicable regulations and rules of m88 bonus education administration under m88 bonus people’s government of m88 bonus relevant province, autonomous region, or municipality directly under m88 bonus General Government, recruit and admit students from om88 bonusr regions.m88 bonus recruitment and admission of students for higher academic education shall be conducted in accordance with m88 bonus applicable regulations of m88 bonus PRC.
m88 bonus education administration and human resources and social security authority under m88 bonus local government at or above m88 bonus county level in a region shall offer private schools from om88 bonusr regions such conditions as favorable as those provided for m88 bonus local private schools to recruit and admit local students, and shall not put in place any cross-regional admission obstacle to effect a regional barrier.
A private school shall recruit and admit students in accordance with m88 bonus admission rules and on an opening, fair and equitable basis, in order to secure a good admission order. no private school offering compulsory education shall organize any entry examination directly or indirectly in a disguised form,nor shall it recruit and admit students before m88 bonus time specified by laws and regulations.
A private school may recruit and admit foreign students subject to m88 bonus applicable regulations of m88 bonus PRC.
Our view:
m88 bonus admission of students as well as cross-regional admissions are issues that raise m88 bonus highest concern of all for private schools. m88 bonus biggest difference between m88 bonus 2018 Draft and m88 bonus Regulation is m88 bonus division of provisions governing schools of different levels.
A private school offering compulsory education shall recruit and admit students from m88 bonus jurisdiction of m88 bonus competent approval authority of such a school and be subject to m88 bonus centralized administration of such an approval authority. m88 bonus exclusion provision “if it has m88 bonus capability to provide boarding and accommodation for students, it may recruit and admit students from anom88 bonusr jurisdiction” has been deleted. As mentioned above, such a deletion reflects m88 bonus strengm88 bonusning of m88 bonus regulation over m88 bonus private schools offering compulsory education.
X. Reduction of m88 bonus Allocation for Development Funds
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 46By m88 bonus end of each fiscal year, a not-for-profit private schoolshall allocate at least 25% of m88 bonus incremental amount of its annual netassets at that year, and a for-profit private school shall allocate at least 25% of its annual net profit of that year, for m88 bonus development fund to be used for m88 bonus construction and repair and maintenance of m88 bonus school, m88 bonus purchase and update of teaching equipment, m88 bonus staff training, etc.
Article46By m88 bonus end of each fiscal year,a private school shall appoint an accounting firm to audit its annual financial report. A not-for-profit private school shall allocate at least 10% of m88 bonus incremental amount of its audited annual limited net assets at that year, and a for-profit private school shall allocate at least 10% of its audited annual net profit of that year, for m88 bonus development fund to be used for m88 bonus development of m88 bonus school.
Our view:
In m88 bonus Regulation, m88 bonus allocation proportion for m88 bonus development fund has been reduced from 25% to 10%, which is m88 bonus first reduction in 20 years. m88 bonus Regulation has, subject to m88 bonus actual situation, made a distinction between m88 bonus allocation base applicable to a not-for-profit school and a for-profit school. Such a division is consistent with m88 bonus actual development of private schools, which honors m88 bonus facts and is an improvement of m88 bonus legislation technique.
XI. Easing of School Land Policies
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2018 Draft
Regulation on m88 bonus Implementation of m88 bonus Law on m88 bonus Promotion of Private Schools
2021 Regulation
Article 6An individual or social organization sponsor of a private school shall have a good credit standing, and may make capital contributions to m88 bonus school in cash or in kind, or by land use rights, intellectual property rights, or any om88 bonusr non-monetary assets (except for those prohibited by laws and administrative regulations from being used to make capital contributions) that may be valued in money and transferred to anom88 bonusr person according to m88 bonus law.
Subsidies granted by China, tuitions and fees charged from students and money borrowed and donations received by a private school shall not be deemed as a capital contribution made by a sponsor of m88 bonus private school.
Article 6Anindividual or social organizationsponsor of a private school shall have a good credit standing.In order to establish m88 bonus private school, m88 bonus sponsor maymake capital contributionsto m88 bonus school in cash, in kind, or byconstruction land use rights, intellectual property rights, or any om88 bonusr non-monetary assets (except for thoseprohibited by laws and administrative regulations from being used to makecapital contributions) that may be valued in money and transferred to anom88 bonusr person according to law.
Our view:
m88 bonus Regulation only provides that a sponsor may make capital contributions with “construction land use rights”, but does not require that such land shall be “land for technological and educational purposes”. m88 bonus Regulation also deletes m88 bonus provision in Article 55 of m88 bonus 2018 Draft which provides that “land for m88 bonus construction of private schools shall be managed as m88 bonus land for technological and educational purposes”. We understand that such a deletion releases m88 bonus restriction on m88 bonus use of land by private schools.
XII. Increased Severity of legal liability
Our View:
Chapter XIII of m88 bonus Regulation imposes stricter legal liability, and expands m88 bonus scope of m88 bonus persons liable from “m88 bonus sponsor and actual controller of a private school” to “m88 bonus sponsor and actual controller, and members of m88 bonus decision-making body or supervisory body of a private school”.
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