Li Keqiang Signed State Council Decree to Announce Revised Regulations on the Implementation of Private Education Promotion Law
2021-05-15 11:37

Premier Li Keqiang recently signed a State Council decree promulgating the revised Regulations on the Implementation of the Private Education Promotion Law (hereinafter referred to as the Regulations), which will take effect on September 1, 2021.


Private education is an integral part of socialist education, which is related to the vital interests of the people. The CPC Central Committee and the State Council attach great importance to it. In recent years, with the development of private education, there have been some new situations and changes. At the same time, with the revision of the Law of the People's Republic of China on the Promotion of Private Education in 2016, the current Regulations also have many problems that cannot be adapted to the law, so it is necessary to revise and improve them. The revised "Regulations" aim at benchmarking the central spirit, implement the superior laws in detail, and make provisions from the following five aspects in accordance with the state's policy of actively encouraging, strongly supporting, correctly guiding and managing private education according to law, and guided by running schools according to law, managing independently, improving quality and running characteristics.


First, adhere to the fundamental requirements of the Party's overall leadership. The "Regulations" stipulate that private schools should adhere to the leadership of the Communist Party of China; The grass-roots organizations of the Communist Party of China in the school participate in major decisions of the school and implement supervision; The composition of the school decision-making body shall include the person in charge of the Party organization, and the supervision body shall include the representatives of the Party's grass-roots organizations; The articles of association of the school should stipulate the procedures for the person in charge or representative of the school party organization to enter the decision-making body and supervision body of the school, and clarify the legal responsibility of private schools for failing to guarantee the party organization to perform its duties, so as to implement the requirements of strengthening the leadership of the party in detail.


The second is to adhere to the basic principle of public welfare in private education. It is emphasized that private schools should adhere to the public welfare of education and implement the fundamental task of cultivating people by virtue. It is stipulated that public schools that implement compulsory education shall not hold or participate in the holding of private schools, nor shall they be converted into private schools. Other public schools shall not hold or participate in the holding of for-profit private schools. The people's government at the provincial level may set a ceiling price for the fees charged by non-profit private schools that participate in the organization and use of state-owned assets by public schools or receive subsidies from the government per student. Private schools and their organizers shall not charge students and their parents or charge fees related to admission in disguised form under the name of sponsorship fees. Private schools that implement compulsory education shall not conduct transactions with related parties. Other private schools that conduct transactions with related parties shall not harm the interests of the state, schools and teachers and students.


The third is to adhere to the general idea of paying equal attention to support and standardization. Further increase and clarify the supporting policies, including financial support, tax incentives, land use security, etc., and encourage financial and insurance institutions to provide services for private school financing and risk protection. At the same time, strengthen norms, Including improving the enrollment rules of private schools, Standardize the online school-running behavior using Internet technology, Improve the fee management mechanism of private schools, improve the supervision mechanism of related party transactions of private schools, etc. It is strictly forbidden for any social organization or individual to control private schools that implement compulsory education and non-profit preschool education through mergers and acquisitions, agreement control, etc., and strengthen the supervision of running schools by social organizations with foreign parties as actual controllers.


Fourth, adhere to the equal legal status of public and private enterprises. Emphasize that private schools that implement preschool education and academic education enjoy the same enrollment rights as similar public schools at the same level, and enroll students at the same time as public schools; Establish a labor contract filing system for full-time teachers in private kindergartens, primary and secondary schools, establish a unified file to record teachers' teaching age and length of service, and treat them equally with public kindergartens, primary and secondary school teachers; It is stipulated that private schools and their teachers, staff and educated persons shall enjoy the same rights as similar public schools and their teachers, staff and educated persons at the same level when applying for relevant scientific research projects and topics set up by the government.


Fifth, adhere to the organic combination of unified requirements and independent management. While standardizing the basic legal system of private education, it is stipulated that the provincial people's government can formulate support and incentive measures to promote the development of private education according to the actual situation. Clearly guarantee the basic principles of running schools according to law and self-management of private schools, and guarantee the autonomy of private schools in independently carrying out educational and teaching activities, setting majors, offering courses, and evaluating and hiring teachers' professional and technical positions in accordance with relevant state regulations.