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Implementing Regulations on the Private Education Promotion Law of China (2021)

民办教育促进法实施条例

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Apr 07, 2021

Effective date Sep 01, 2021

Validity status Valid

Scope of application Nationwide

Topic(s) Education Law

Editor(s) Huang Yanling 黄燕玲

Implementing Regulations on the Private Education Promotion Law of the People’s Republic of China were promulgated in 2004. The latest revision will enter into force on 1 Sep. 2021.

There are 68 articles in total. The Law aims to promote the standardized development of private education.

The key points are as follows:

1.Foreign-funded enterprises established within the territory of China and social organizations with a foreign party as the actual controller shall not run, participate in the running of or actually control any private school providing compulsory education, and establishment of other types of private schools shall comply with the provisions of the State on foreign investment.

2.Social organizations or individuals that run private schools shall have sound credit status. The capital contribution of establishing a private school may be made in cash or in kinds such as the right to use the land for construction, intellectual property rights and other non-monetary properties that can be valued in money and transferred in accordance with the law, except for the properties that shall not be taken as capital contributions according to the provisions of laws or administrative regulations.

3.The educational supervision authority under the State Council and its local counterparts under the people’s governments of the provinces, autonomous regions and municipalities shall supervise and inspect the fulfillment of the statutory duties of local people’s governments at or above the county level and the relevant authorities to support and regulate the development of private education. The educational supervision authorities under the people’s governments at or above the county level shall carry out the supervision over private schools and publicize the results thereof in accordance with the law, and establish an educational inspector system for private primary schools, secondary schools and kindergartens.

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