2002It was adopted at the 31st meeting of the Standing Committee of the Ninth National People's Congress on December 28

It is amended for the first time in accordance with the Decision on Amending the <> of 12 Laws of the People's Republic of China on the Protection of Cultural Relics of the People's Republic of China" at the third meeting of the Standing Committee of the 12th National People's Congress on June 29, 2013

Amended for the second time in accordance with the Decision on Amending the <> of the Law of the People's Republic of China on the Promotion of Private Education of the People's Republic of China at the 24th Session of the Standing Committee of the Twelfth National People's Congress on November 7, 2016

It is amended for the second time in accordance with the 2018 Decision of the Standing Committee of the National People's Congress on Amending the Labor Law of the People's Republic of China and Other Seven Laws (adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018).

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution and the Education Law so as to implement the strategy of rejuvenating the country through science and education, to promote the healthy development of private education, and to safeguard the lawful rights and interests of private schools and those receiving education.

Article 2: This Law applies to social organizations or individuals other than state institutions that use non-state financial funds to organize activities of schools and other educational establishments for the public. Where there are no provisions in this Law, it is to be implemented in accordance with the Education Law and other relevant education laws.

Article 3: Private education is a public welfare undertaking and is an integral part of socialist education.

The State implements the principles of actively encouraging, vigorously supporting, correctly guiding, and managing private education in accordance with the law.

People's governments at all levels shall include private education in their national economic and social development plans.

Article 4: Private schools shall abide by laws and regulations, implement the State's education policy, ensure the quality of education, and devote themselves to cultivating all types of talent for the cause of socialist construction.

Private schools shall implement the principle of separating education from religion. Religion must not be used by any organization or individual to engage in activities that obstruct the state's education system.

Article 5: Private schools have the same legal status as public schools, and the State guarantees the autonomy of private schools in running schools.

The State protects the lawful rights and interests of private school organizers, principals, teaching staff, and those receiving education.

Article 6 The State encourages donations to run schools.

The State shall give awards and commendations to organizations and individuals that have made outstanding contributions to the development of private education.

Article 7: The administrative department for education under the State Council is responsible for the overall planning, comprehensive coordination, and macro-management of private education work nationwide.

The administrative department of human resources and social security under the State Council and other relevant departments shall be responsible for the relevant private education work within the scope of their duties as prescribed by the State Council.

Article 8: The administrative departments for education of local people's governments at or above the county level are in charge of private education work within their respective administrative regions.

The administrative departments for human resources and social security of local people's governments at or above the county level and other relevant departments shall, within the scope of their respective duties, be responsible for the relevant private education work.

Article 9: The basic level organizations of the Communist Party of China in private schools are to carry out Party activities in accordance with the provisions of the Constitution of the Communist Party of China and strengthen Party building.

Chapter II Establishment

Article 10: Social organizations that run private schools shall have the status of legal persons.

Individuals who run private schools shall have political rights and full capacity for civil conduct.

Private schools shall have the requirements for legal persons.

Article 11: The establishment of private schools shall meet the needs of local educational development and meet the requirements provided for in the Education Law and other relevant laws and regulations.

The standards for the establishment of private schools shall be implemented with reference to the standards for the establishment of similar public schools at the same level.

12th private schools that organize and implement academic education, pre-school education, self-study examination assistance and other cultural education shall be examined and approved by the administrative departments of education of the people's governments at or above the county level in accordance with the authority provided by the State; Private schools that organize and implement vocational qualification training and vocational skills training focusing on vocational skills shall be examined and approved by the administrative department of human resources and social security of the people's government at or above the county level in accordance with the authority provided by the state, and a copy shall be sent to the administrative department for education at the same level for the record.

    Article 13: To apply for the establishment of a private school, the organizer shall submit the following materials to the examination and approval authority:

(1) The content of the application report shall mainly include: the organizer, the training objectives, the scale of running the school, the level of running the school, the form of running the school, the conditions for running the school, the internal management system, the fund-raising and management use, etc.;

(2) The name, address, or title and address of the organizer;

(3) The source of assets, the amount of funds and valid supporting documents, and the property rights;

(4) The donation agreement must be submitted for the donated school property, indicating the name of the donor, the amount of the donated assets, the purpose and management methods and relevant valid supporting documents.

Article 14 The examination and approval authority shall, within 30 days from the date of acceptance of the application for the establishment of a private school, make a written decision on whether to agree.

If the establishment is approved, a letter of approval shall be issued. If they do not agree to the establishment, they shall explain the reasons.

The preparatory period shall not exceed three years. If it exceeds three years, the organizer shall make a new declaration.

Article 15: Where an application is made for the formal establishment of a private school, the organizer shall submit the following materials to the examination and approval authority:

(1) Approval of the establishment;

(2) Report on the preparation of the establishment;

(3) A list of members of the school's charter, the first school council, board of directors or other decision-making bodies;

(4) Valid supporting documents of the school's assets;

(5) Qualification documents of principals, teachers, and accounting personnel.

Article 16: Those who meet the conditions for running a school and meet the standards for setting up may directly apply for formal establishment, and shall submit the materials provided for in items (3), (4) and (5) of Article 13 and Article 15 of this Law.

Article 17: Where an application is made for the formal establishment of a private school, the examination and approval authority shall, within three months from the date of acceptance, make a written decision on whether to approve it and send it to the applicant; Where an application is made for the formal establishment of a private institution of higher learning, the examination and approval authority may also make a decision on whether to approve it in writing within six months from the date of acceptance, and send it to the applicant.

18th examination and approval authorities to approve the formal establishment of private schools issued a permit.

If the examination and approval organ does not approve the formal establishment, it shall explain the reasons.

Article 19: The organizers of private schools may independently choose to establish non-profit or for-profit private schools. However, for-profit private schools that provide compulsory education must not be established.

The proprietors of non-profit private schools are not allowed to obtain income from running the school, and all the surplus of the school's operation is used for running the school.

The proprietors of for-profit private schools may obtain income from running the school, and the balance of the school's operation shall be handled in accordance with the provisions of the Company Law and other relevant laws and administrative regulations.

After a private school obtains a license to run a school, it shall register as a legal person, and the registration authority shall handle it in accordance with law.

Chapter 3 Organization and Activities of the School

Article 20: Private schools shall establish school councils, boards of directors or other forms of decision-making bodies and establish corresponding oversight mechanisms.

The proprietors of private schools shall participate in the operation and management of the school in accordance with the authority and procedures stipulated in the school's charter.

21st school council or board of directors by the organizer or its representatives, principals, faculty representatives and other personnel. More than one-third of the directors or directors shall have at least five years of experience in education and teaching.

The school council or board of directors shall be composed of five or more members, and there shall be a chairman or chairman of the board of directors. The list of directors and directors or the chairman of the board of directors and directors shall be submitted to the examination and approval authority for the record.

Article 22 The school council or board of directors shall exercise the following functions and powers:

(1) Appointment and dismissal of principals;

(2) To revise the school's charter and formulate the school's rules and regulations;

(3) Formulate development plans and approve annual work plans;

(4) Raise funds for running the school, review the budget and final accounts;

(5) Decide on the quota and salary standards of faculty and staff;

(6) To decide on the division, merger, or termination of the school;

(7) Decide on other major matters.

The functions and powers of other forms of decision-making bodies shall be carried out with reference to the provisions of this article.

Article 23: The legal representative of a private school is to be the chairman of the board of directors, the chairman of the board of directors or the principal.

Article 24: Private schools are to refer to the requirements for the appointment of principals of similar public schools at the same level, and the age may be appropriately relaxed.

Article 25: Principals of private schools are responsible for the education, teaching, and administrative management of the school, and exercise the following functions and powers:

(1) Implement the decisions of the school council, board of directors or other forms of decision-making bodies;

(2) Implement development plans, formulate annual work plans, financial budgets and school rules and regulations;

(3) Hiring and dismissing school staff, and implementing rewards and punishments;

(4) Organize education, teaching, and scientific research activities to ensure the quality of education and teaching;

(5) Responsible for the daily management of the school;

(6) Other authorizations from the school council, board of directors or other forms of decision-making bodies.

Article 26 Private schools may issue academic certificates, completion certificates or training certificates to students according to their categories, study periods, and academic achievements, in accordance with the relevant provisions of the State.

For students receiving vocational skills training, the vocational skills appraisal institutions that have filed for the record may issue national vocational qualification certificates.

27th private schools in accordance with the law through the teacher as the main body of the faculty Congress and other forms, to ensure that faculty and staff participate in democratic management and supervision.

Teachers and other staff members of private schools have the right to establish trade union organizations in accordance with the Trade Union Law to safeguard their legitimate rights and interests.

Chapter 4 Teachers and Learners

Article 28: Teachers and students in private schools have the same legal status as teachers and students in public schools.

Article 29: Teachers hired by private schools shall have the teaching qualifications provided for by the state.

Article 30: Private schools shall conduct ideological and moral education and professional training for teachers.

Article 31: Private schools shall protect the salaries, benefits, and other lawful rights and interests of faculty and staff in accordance with law, and pay social insurance premiums for faculty and staff.

The State encourages private schools to handle supplementary pension insurance for teachers and staff in accordance with State regulations.

Article 32: Teachers and staff of private schools enjoy the same rights as teachers and staff of public schools in areas such as professional training, job appointments, calculation of teaching and length of service, commendations and awards, and social activities.

Article 33: Private schools are to protect the lawful rights and interests of those receiving education in accordance with law.

Private schools are to establish a student status management system in accordance with state provisions, and to reward or punish those who receive education.

Article 34: Recipients of private schools enjoy the same rights as recipients of similar public schools at the same level in areas such as further education, employment, social preferential treatment, and participation in advanced selections.

Chapter 5 Management of School Assets and Finances

Article 35: Private schools shall establish financial, accounting and asset management systems in accordance with law, and set up accounting books in accordance with relevant State provisions.

Article 36: Private schools enjoy the property rights of legal persons over the assets, state-owned assets, donated property and accumulation of the organizers invested in the private schools.

Article 37: During the period of existence of private schools, all assets are to be managed and used by private schools in accordance with law, and must not be encroached upon by any organization or individual.

No organization or individual may collect any fees from private educational institutions in violation of laws and regulations.

Article 38: The items and standards for private schools to collect fees are to be determined on the basis of factors such as the cost of running the school, market demand, and are to be announced to the public, and to be subject to the supervision of the relevant competent departments.

The specific measures for the collection of fees by non-profit private schools shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; The fee standards of for-profit private schools shall be regulated by the market and shall be determined by the schools themselves.

The fees collected by private schools shall be mainly used for educational and teaching activities, improving the conditions for running schools, and ensuring the treatment of teachers and staff.

Article 39: The use and financial management of private school assets are subject to the supervision of the examination and approval authorities and other relevant departments.

Private schools shall make financial accounting reports at the end of each fiscal year, entrust accounting firms to conduct audits in accordance with law, and publish the audit results.

Chapter VI Management and Supervision

Article 40: The administrative departments for education and relevant departments shall guide private schools' education and teaching efforts and teacher training efforts.

Article 41: The administrative departments for education and relevant departments are to carry out supervision and guidance of private schools in accordance with law, establish systems for information disclosure and credit archives for private schools, and promote the improvement of the quality of running schools; Organize or entrust a social intermediary organization to assess the level of running schools and the quality of education, and publish the results of the assessment to the public.

Article 42: Enrollment brochures and advertisements of private schools shall be reported to the examination and approval authorities for the record.

Article 43: Where private schools infringe upon the lawful rights and interests of persons receiving education, the persons receiving education and their relatives have the right to appeal to the administrative departments for education and other relevant departments, and the relevant departments shall promptly handle it.

Article 44: The State supports and encourages social intermediary organizations to provide services to private schools.

Chapter VII: Support and Rewards

Article 45: People's governments at or above the county level may set up special funds to fund the development of private schools, and to reward and commend collectives and individuals who have made outstanding contributions.

Article 46: People's governments at or above the county level may adopt measures such as purchasing services, student loans, scholarships and grants, leasing or transferring idle state-owned assets, and other measures to support private schools; Non-profit private schools may also adopt support measures such as government subsidies, fund awards, and donation incentives.

Article 47 Private schools enjoy preferential tax policies provided by the State; Among them, non-profit private schools enjoy the same preferential tax policies as public schools.

Article 48: In accordance with relevant state laws and regulations, private schools may accept donations from citizens, legal persons, or other organizations.

The State shall give tax incentives and commendations to citizens, legal persons, or other organizations that donate property to private schools in accordance with relevant provisions.

Article 49: The State encourages financial institutions to use credit means to support the development of private education.

Article 50: People's governments entrusting private schools to undertake compulsory education tasks shall allocate corresponding education funds in accordance with the entrustment agreement.

Article 51: For the construction or expansion of non-profit private schools, the people's governments shall, in accordance with the same principles as public schools, give preferential treatment to the use of land by means of allocation. For the construction or expansion of for-profit private schools, the people's government shall provide land in accordance with state provisions.

Educational land may not be used for other purposes.

Article 52: The State is to employ measures to support and encourage social organizations and individuals to establish private schools in minority areas and remote and impoverished areas to develop education.

Chapter VIII Modification and Termination

Article 53: The division or merger of private schools shall be submitted to the examination and approval authorities for approval by the school council or board of directors after the financial liquidation is carried out.

Where an application is made for the division or merger of a private school, the examination and approval authority shall reply in writing within three months from the date of acceptance; Among them, where an application is made for the division or merger of a private institution of higher learning, the examination and approval authority may also reply in writing within six months from the date of acceptance.

Article 54: Changes in the organizers of private schools shall be proposed by the organizers, and shall be submitted to the examination and approval authorities for approval with the consent of the school council or board of directors after financial liquidation.

Article 55: Changes in the name, level, or category of a private school shall be submitted to the examination and approval authority by the school council or board of directors.

For an application to be changed to another private school, the examination and approval authority shall reply in writing within three months from the date of acceptance; Where an application is changed to a private institution of higher learning, the examination and approval authority may also reply in writing within six months from the date of acceptance.

Article 56: In any of the following circumstances, private schools shall be terminated:

(1) Termination is requested in accordance with the provisions of the school's charter and approved by the examination and approval authority;

(2) The permit to run the school has been revoked;

(3) Those who are unable to continue running the school due to insolvency.

Article 57: When private schools are terminated, they shall properly place students in school. When a private school implementing compulsory education is terminated, the examination and approval organs shall assist the school in arranging for students to continue their education.

Article 58: When a private school is terminated, it shall conduct a financial liquidation in accordance with law.

Where a private school itself requests termination, the private school is to organize liquidation; If it is revoked by the examination and approval authority in accordance with law, the examination and approval authority shall organize liquidation; If the school is terminated due to insolvency, the people's court shall organize liquidation.

Article 59: The property of private schools shall be paid off in the following order:

(1) Tuition, miscellaneous fees and other fees that should be refunded to the recipients;

(2) The salaries of faculty and staff and the social insurance premiums that should be paid;

(3) Repayment of other debts.

The remaining property of the non-profit private school after paying off the above-mentioned debts shall continue to be used for the operation of other non-profit schools; The remaining property of for-profit private schools after paying off the above-mentioned debts shall be disposed of in accordance with the relevant provisions of the Company Law.

Article 60: Where a private school is terminated, the examination and approval authority shall withdraw the school-running permit and destroy the seal, and cancel the registration.

Chapter IX: Legal Responsibility

Article 61: Where private schools violate the provisions of the Education Law or the Teachers Law in educational activities, they are to be punished in accordance with the relevant provisions of the Education Law and the Teachers Law.

Article 62: Where private schools exhibit any of the following conduct, the administrative departments for education, human resources and social security, or other relevant departments of people's governments at the county level or above are to order corrections to be made within a set period of time and give warnings; where there are illegal gains, the illegal gains shall be confiscated after the fees are refunded; where the circumstances are serious, order to stop enrollment and revoke the school's permit; where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) Dividing or merging private schools without authorization;

(2) Changing the name, level, category, and organizer of a private school without authorization;

(3) Publishing false enrollment brochures or advertisements to defraud money;

(4) Illegally issuing or forging academic certificates, completion certificates, training certificates, or vocational qualification certificates;

(5) Confusion in management that seriously impacts education and teaching, and produces a vile social impact;

(6) Submitting false supporting documents or employing other fraudulent means to conceal important facts to fraudulently obtain a permit to run a school;

(7) Forging, altering, buying, selling, renting, or lending permits to run schools;

(8) Maliciously terminating the operation of a school, evading funds, or misappropriating funds for running a school.

Article 63: Where the administrative departments for education, human resources and social security, or other relevant departments of people's governments at the county level or above exhibit any of the following conduct, the organ at the level above is to order them to make corrections; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where economic losses are caused, they shall be liable for compensation in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) The application for establishment has been accepted and no reply is made within the time limit;

(2) Approve applications that do not meet the requirements provided for in this Law;

(3) Negligent management, causing serious consequences;

(4) Collecting fees in violation of relevant state provisions;

(5) Infringing on the lawful rights and interests of private schools;

(6) Other abuses of authority or twisting the law for personal gain.

Article 64: Where relevant state provisions are violated by establishing private schools without authorization, the administrative department for education or the administrative department for human resources and social security of the local people's government at the county level or above, together with the relevant departments such as for public security, civil affairs, or market regulation at the same level, shall order that the school be stopped, and that the fees collected be refunded, and that the organizer be fined between 1 and 5 times the amount of unlawful gains; where a violation of the administration of public security is constituted, the public security organ shall give a public security administrative sanction in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter X: Supplementary Provisions

Article 65: "Private schools" as used in this Law includes other private educational institutions established in accordance with law.

"Principals" as used in this Law includes the principal administrative responsible persons of other private educational institutions.

Article 66 Measures for foreign organizations and individuals to cooperate in running schools within the territory of China shall be formulated by the State Council.

Article 67: This Law shall come into force on September 1, 2003. On July 31, 1997, the State Council promulgated the Regulations on Running Schools by Social Forces, which was repealed at the same time.

  Note: This regulation came into effect on November 07, 2016 and is still in effect as of 2020