Detailed Rules for Implementation of the Administrative Provisions on Intermediary Service for Self-supported Study Abroad

Updated: 2014-12-29

  Chapter 1 General Provisions

  Article 1 These Detailed Rules for Implementation of the Administrative Provisions on Intermediary Service for Self-supported Study Abroad (hereinafter referred to as “Detailed Rules”) are hereby formulated in accordance with the Administrative Provisions on Intermediary Service for Self-supported Study Abroad (hereinafter referred to as “Administrative Provisions”).

  Article 2 “Education Service Institutions” referred to in Article 3 of the Administrative Provisions shall mean the institutions which provide the relevant services for Chinese citizens to receive education.

  Article 3 “Having the staff members which are familiar with the policies relating to self-supported study abroad of China and other relevant countries and have ever engaged in education service business” referred to in Article 3 of the Administrative Provisions shall mean that the main staff members of an institution which carries out service for self-supported study abroad (hereinafter referred to as “Intermediary Service Institution”) shall have at least the educational qualification of junior college, be familiar with the education situation and policies relating to self-supported study abroad of China and the relevant countries or have ever been engaged in works relating to education or law; the staff shall contain the members which have qualifications in foreign language, law, accounting and secretary; each Intermediary Service Institution shall at least have 5 staff members; the legal representative shall be a Chinese citizen whose permanent residence is registered within China.

  Article 4 “Having established stable cooperationand exchange relationship with foreign education institutions” referred to in Article 3 of the Administrative Provisions shall mean signing valid letter of intent for cooperation or cooperation agreement directly with foreign universities/colleges or other education institutions.

  Article 5 “Having necessary capitals” referred to in Article 3 of the Administrative Provisions shall mean each Intermediary Service Institution shall have the Reserve Fund in certain amount so that compensation can be made when its service object’s lawful rights and interests are damaged, and the amount may not be less than RMB500 thousand.

  Chapter 2 Application Procedure and Qualification Confirmation for Intermediary Service Institution

  Article 6 For the purpose of applying for the qualification to carry out Intermediary Service business, an institution shall apply with the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is domiciled, complete the Application Form for Qualification of Self-supported Study Abroad Intermediary Service Institution, and submit the following materials and certificates:

  1. Application form;

  2. Certificate for status of legal person;

  3. Resumes of legal representative and main staff members as well as the relevant certificates;

  4. Valid letter of intent for cooperation or cooperation agreement for self-supported study abroad signed with foreign universities/colleges or other education institutions (in Both Chinese and foreign languages) and the certificate for status of legal personthe of foreign contractual party verified by Chinese embassy/consulate;

  5. Certificate on capitals or capital-verifying report issued by accounting firm;

  6. Articles of association of such institution;

  7. Work plan, administrative area and feasibility report for the proposed Intermediary Service business;

  8. Supporting documents for office premises and office facilities.

  Article 7 The department which accepts the application shall complete the review on the application materials within 15 working days, and then, after obtaining the consent from the public security organ at the same level, submit the Application Form for Qualification of Self-supported Study Abroad Intermediary Service Institution as well as the materials and certificates attached thereto to the Ministry of Education and the Ministry of Public Security respectively.

  Article 8 The Ministry of Education shall, in consultation with the Ministry of Public Security, complete the confirmation of qualification within 30 working days, and then, through the education administration department of the relevant province, autonomous region or municipality directly under the Central Government, issue to each Intermediary Service Institution which has obtained the qualification the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution of which the validity term is 5 years, and inform the provincial-level public security organ and industrial & commercial administration department thereof.

  Article 9 Each Intermediary Service Institution shall, after receiving the notice on qualification confirmation issued by the education administration department of the relevant province, autonomous region or municipality directly under the Central Government, go through the formalities for payment of Reserve Fund with the education administration department and the public security organ of the relevant province, autonomous region or municipality directly under the Central Government.

  Article 10 Each Intermediary Service Institution shall, by presenting the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution and other relevant documents and certificates, legally apply for registration and business license with the industrial & commercial administration department, and then file with the education administration department and the entry & exit administration department under the public security organ of the province, autonomous region or municipality directly under the Central Government where such institution is domiciled.

  Chapter 3 Operation of Intermediary Service Institution

  Article 11 Each Intermediary Service Institution which has got its qualification confirmed and obtained the business license shall carry out Intermediary Service business within the administrative regin of the province, autonomous region or municipality directly under the Central Government where such institution is located; Cross-regin Intermediary Service business shall be subject to the separate examination and approval by the Ministry of Education and the Ministry of Public Security, and shall be filed with the education administration department and the entry & exit administration department under the public security organ of the relevant province, autonomous region or municipality directly under the Central Government by presenting the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution and the relevant approval documents.

  Article 12 An Intermediary Service Institution may not set up any branch outside of the administrative region of the province, autonomous region or municipality directly under the Central Government where such institution is located, and may not, in the form of contract or subcontract, entrust any other institution or individual with carrying out Intermediary Service business.

  Article 13 No Intermediary Service Institution may carry out in any school any enrollment activities in the form of consulation, lecture, symposia or introduction conference relating to self-supported study abroad.

  Article 14 Each Intermediary Service Institution shall, in accordance with the Contract Law of the People’s Republic of China, sign the legally effecitve Agreement for Intermediary Service for Self-supported Study Abroad with its service object so as to clarify the rights and obligations of the two parties. The template of the Agreement for Intermediary Service for Self-supported Study Abroad shall be filed with the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is domiciled.

  Article 15 In case the name or legal representative of any Intermediary Service Institution which has obtain the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution changes, such institution shall, in accordance with the relevant provisions as specified in Chapter 2 hereof, go through the qualification-confirming formalities once again; in case the domicile or main staff members of an Intermediary Service Institution change, such institution shall file the change with the education administration department and the entry & exit administration department under the public security organ of the province, autonomous region or municipality directly under the Central Government where such institution is located, and at the same time apply for registration modification or file such change with the industrial & commercial administration department according to laws.

  Article 16 The letter of intent for cooperation or cooperation agreement signed by any Intermediary Service Institution which has obtained the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution with foreign universities/colleges or other education institutions shall be submitted to the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is located for confirmation; this Confirmation Letter shall be a certificate required to be presented when such Intermediary Service Institution applies for publishing any advertisement relating to intermediary service for self-supported study abroad.

  Article 17 Each Intermediary Service Institution shall, within 3 months prior to the expiration of the validity term of the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution, apply with the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is located for re-confirmation on qualification of Intermediary Service Institution. The requirements and procedure of application and examination shall be as per the relevant provisions as specified in Chapter 2 hereof.

  Article 18 In case any Intermediary Service Institution is bankrupt, dissolved or is shut down, such institution shall, 60 days prior to bankruptcy, dissolution or shut-down, apply in writing with the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is located for termination of Intermediary Service business (The application shall state the measures for dealing with subsequent matters, term and namelist of rear personnel), and hand over the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution; after the application is approved by the Ministry of Education in consultation with the Ministry of Public Security, such institution shall apply with the industrial & commercial administration department which dealt with the enterprise registration of such institution for cancellation of registration, and shall file the termination with the entry & exit administration department under the public security organ of the province, autonomous region or municipality directly under the Central Government where such institution is located.

  Chapter 4 Management and Use of Reserve Fund

  Article 19 Each Intermediary Service Institution shall sign the Agreement for Entrustment of Monitoring on Reserve Fund with the education administration department and the public security organ of the province, autonomous region or municipality directly under the Central Government where such institution is located, and shall deposit the Reserve Fund into the account of such Intermediary Service Institution in the State-owned bank designted in accordance with the provisions as specified in such agreement, and then collect the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution by presenting the certificate of deposit.

  Article 20 The Reserve Fund and the interests thereof shall be monitored by the education administration department and the public security organ of the relevant province, autonomous region or municipality directly under the Central Government in accordance with the Agreement for Entrustment of Monitoring on Reserve Fund. Without obtaining the joint consent from the monintoring departments, no institution or individual may use the Reserve Fund and the interests thereof.

  Article 21 The Reserve Fund and the interests thereof belogn to the Intermediary Service Institution, and may not be used for any purpose other than those as specified in Article 5 hereof. In case an Intermediary Service Institution is dissolved, bankrupt or merged, its Reserve Fund and the interests thereof shall be deemed as the integral part of the assets of such Intermediary Service Institution, and shall be disposed of in accordance with the relevant laws.

  Article 22 Should any Intermediary Service Institution be unable to make compensation as required in the arbitration award made by the arbitration institution or the judgment given by the people’s court, or be unable to pay administrative fine or penalty, such institution may apply in writing with the education administration department and the public security organ of the province, autonomous region or municipality directly under the Central Government where such institution is located for using the Reserve Fund and the interests thereof (and attach to such application the copy of the arbitration award issued by arbitration institution, the penalty notice issued by administrative agency or the judgment issued by the people’s court), and shall make up the Reserve Fund within 2 months.

  Should any Intermediary Service Institution refuse to pay any fine or penalty or refuse to implement any arbitration award issued by the arbitration institution or any judgment issued by the people’s court, enforcement measures may be taken by enforcement organ according to laws.

  Article 23 In case, within 90 days after an Intermediary Service Institution gets its qualifications to carry out Intermediary Service cancelled or terminates the Intermediary Service business on its own initiative, there is no compliant or litigation against such institution, such institution may, by presenting the certificates issued by the education administration department and the public security organ of the province, autonomous region or municipality directly under the Central Government where such institution is located, collect its Reserve Fund and the interests thereof from the deposit bank.

  Chapter 5 Supervision, Inspection and Punishment on Intermediary Service Institution

  Article 24 The education administration department, the public security organ and the industrial & commercial administration department shall carry out supervision and administration on the Intermediary Service Institutions within their administrative region. Each Intermediary Service Institution shall, in accordance with the requirements of annual examination and at the beginning of each year, submit to the education administration department and the public security organ of the province, autonomous region or municipality directly under the Central Government where such institution is located the report on business of the last year, the work plan for the following year and other materials as required by the departments mentioned above.

  Article 25 Should any Intermediary Service Institution conduct any illegel act in its business operation, fail to make up the Reserve Fund as required in Article 22 hereof or fail to meet the requirements for confirmation on qualification, the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is located shall, in conjunction with the public security organ and industrial & commercial administration department, legally order such institution to make correction within a time limit specified; where such institution refuses to make correction within the time limit specified or serious consequence is caused, the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is located shall, after obtaining the consent from the public security organ at the same level, propose the cancellation of the qualification of such institution, and report such proposal to the Ministry of Education and the Ministry of Public Security for examination and approval.

  The Ministry of Education shall issue the notice on cancellation of qualification of such institution after obtaining the consent from the Ministry of Public Security, and then inform the education administration department, the public security organ and the industrial & commercial administration department which dealt with the enterprise registration of such institution of the province, autonomous region, Municipality directly under the Central Government where such institutionis located.

  Article 26 The Intermediary Service Institution whose qualification has been cancelled shall hand over to the Confirmation on Qualification of Self-supported Study Abroad Intermediary Service Institution to the education administration department of the province, autonomous region or municipality directly under the Central Government where such institution is located, and shall apply with the industrial & commercial administration department which dealt with the enterprise registration of such institution for cancellation or modification to its registration.

  Article 27 The Intermediary Service Institutions which carry out business operation illegally and the institutions which carry out Intermediary Service business without obtaining the confirmation on qualification shall be legally punished by the education administration department of the relevant province, autonomous region or municipality directly under the Central Government in conjunction with public security organ and industrial & commercial administration department.

  Chapter 6 Supplementary Provisions

  Article 28 At present, no application from overseas institutions, foreign institutions in China, Sino-foreign joint venture institution and Sina-foreign cooperative education institution for confirmation on qualification of Intermediary Service Institution will be accepted.

  Article 29 The Ministry of Education and the Ministry of Public Security will duly make public the namelist of the Intermediary Service Institutions which have obtained the qualification to carry out Intermediary Service or have got their qualifications cancelled.

  Article 30 The education administration department, public security department and industrial & commercial administration department of each province, autonomous region or municipality directly under the Central Government may, on the basis of the Administrative Provisions and these Detailed Rules, formulate specific measures for implementation.

  Article 31 These Detailed Rules shall be interpreted by the Ministry of Education, the Ministry of Public Security and the State Administration for Industry and Commerce.

  Article 32 These Detailed Rules shall come into force as of the date on which they are promulgated.

  

  

  

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