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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATIONS CHAPTER III ART GRADING EXAMINATION INSTITUTIONS AND EXAMINERS CHAPTER IV ADMINISTRATION OF GRADING EXAMINATION CHAPTER V PENALTIES PROVISIONS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are formulated with a view to strengthening the administration of the grading examination of social art skills, safeguarding the rights and interests of examinees, promoting the regulation of the work relating to the grading examination of social art skills, guaranteeing the quality of the work relating to the grading examination of social art skills and promoting the sound development of the educational undertaking of social arts. Article 2. The term "grading examination of social art skills" (hereinafter referred to "art grading examination") means the test and assessment and the guidance of the art skills of the persons learning the arts conducted by the institution for the grading examination of social art skills (hereinafter referred to "art grading examination institution") with qualifications by examinations in accordance with these Measures. Article 3. The grading examination of social art skills must take the popularization of art education and the improvement of national qualities as their aims, abide by the art education law, adhere to the principle of openness, impartiality, fairness and voluntariness and give first priority to social effect. CHAPTER II ADMINISTRATIONS Article 4. The Ministry of Culture shall be responsible for the planning, coordination and regulation of national art grading examination and perform the following functions: (1) To organize the formulation and implementation of policies and regulations relating to art grading examination; (2) To formulate the planning of the work relating to national art grading examination and to determine the quantity, distribution and structure of art grading examination institutions; (3) To examine and approve the establishment of an art grading examination institution setting up trans-provincial (autonomous region or municipality directly under the Central Government) art grading examination; (4) To implement and guide the implementation of the supervision and inspection of national art grading examination; (5) To organize the promotion of the evaluation of art grading examination institutions; (6) To be responsible for the organization and administration of the Specialists' Guidance Commission for the Work Relating to the National Grading Examination of Social Art Skills; and (7) To coordinate the relevant departments to conduct research into the major matters involved in the work relating to art grading examination, and to make decisions on them. Article 5. The administrative department in charge of culture under the local people's government at the country level and above shall be responsible for implementing thoroughly the policies and regulations of the State relating to art grading examination within its administrative region and supervising and inspecting art grading examination. The administrative department in charge of culture under the people's government of a province, autonomous region and municipality directly under the Central Government shall be responsible for examining and approving the establishment of an art grading examination institution setting up art grading examination in its administrative region. Article 6. The Specialists' Guidance Commission for the Work Relating to the National Grading Examination of Social Art Skills shall be an art grading examination institution under the leadership of the Ministry of Culture, which consists of the specialists who are engaged by the Ministry of Culture and whose terms are four years. Its functions and duties shall be as follows: (1) To conduct research into the policies and regulations etc. regarding the work relating to art grading examination; (2) To examine and approve the specialized catalogues for, standards and syllabuses of art grading examination; (3) To formulate the standards for identifying the qualifications of the examiners of art grading examination and to examine and approve the qualifications of the examiners of art grading examination; (4) To formulate the standards for identifying the qualifications of the coaching teachers of art grading examination and to direct the training of the coaching teachers of art grading examination; (5) To formulate the standards for the evaluation of art grading examination institutions; and (6) To demonstrate the qualifications of the entity applying for setting up art grading examination and to submit the written demonstrated result to the examination and approval authorities. Article 7. The Center for the National Grading Examination of Social Art Skills shall be the art grading examination service institution led by the Ministry of Culture and guided by the Specialists' Guidance Commission for the Work Relating to the National Grading Examination of Social Art Skills, and it shall perform the following functions: (1) To publicize the policies and regulations relating to art grading examination, and to issue the information on the work relating to art grading examination; (2) To print and issue the Qualification Certificate for Examiners of the Grading Examination of Social Art Skills; (3) To supervise the manufacture of the Certificate for the Test Band of Social Art Skills; (4) To organize and coordinate the training of the coaching teachers of art grading examination; (5) To organize to carry out the research into the theories on art grading examination and the academic exchange, demonstration and display; and (6) To finish other work transferred by the Ministry of Culture. CHAPTER III ART GRADING EXAMINATION INSTITUTIONS AND EXAMINERS Article 8. Art grading examination institutions mean such art schools, professional art bodies, specialized associations and art institutions that obtain the qualifications for setting up the art grading examination in accordance with these Measures. Article 9. Such entity that applies for setting up an art grading examination shall fulfill the following conditions: (1) It shall have an independent legal person status; (2) Its main business is associated in a specialized way with the art grading examination whose setting up is applied for, and have a fine academic art level and social goodwill; (3) It shall compile on its own accord and publish officially the textbooks for art grading examination; (4) It must have the specialized examiners corresponding to the specialty of the art grading examination whose setting up is applied for, and its examiners shall account for 2/3 of all examiners; (5) It shall have the places and facilities meeting the need of art grading examination; and (6) It shall have special working institutions and sound bylaws and systems. Article 10. The application for setting up the trans-provincial (autonomous region or municipality directly under the Central Government) art grading examination shall be examined and approved by the Ministry of Culture. The application for setting up the art grading examination in the administrative region of a province, autonomous region or municipality directly under the Central Government in the place where the test is to be set up shall be examined and approved by the administrative department in charge of culture of the province, autonomous region and municipality directly under the Central Government who shall report the matter to the Ministry of Culture for the record. Article 11. The examination and approval authority shall, with 20 days from the date of accepting the application, make a written decision on whether to grant an approval. If a decision is unable to be made within 20 days, another 10 days may be extended subject to the approval of the principal of the examination and approval authority. And the applicant shall be informed of the reasons. If an approval is granted, the Qualification Certificate for the Grading Examination of Social Art Skills shall be issued. If an approval is not granted, the reasons shall be explained in writing. The examination and approval authority shall, prior to making a decision, submit the application materials from an applicant to the Specialists' Guidance Commission for the Work Relating to the National Art Grading Examination of Social Art Skills for demonstration. The time necessary for the demonstration shall not run within the examining and approving period, but shall be informed to the applicant in writing. Article 12. The entity that applies for setting up an art grading examination shall submit the following materials: (1) The application. It shall state items such as the specialty of the art grading examination proposed to be set up, the scope of the examination rooms to be set up, the working institution for the art grading examination and the basic information of the principal, the amount and resource of funds and charges projects and standards. The application shall be executed by the legal representative of the applicant; (2) The certificate of legal person status; (3) The composition and working rules of the working institution for the art grading examination; (4) The proving document of the main principal of the working institution for the art grading examination; (5) The documents proving the office locality and the right to use the examination place of the working institution for the art grading examination; (6) The textbooks for the art grading examination that the applicant has compiled on its own accord and officially published and distributed; (7) The materials relating to the examiners of the art grading examination to be engaged; and (8) Other relevant materials that the examination and approval authority requires to be submitted. Article 13. An applicant shall, within 30 days from the date of receiving the Qualification Certificate for the Grading Examination of Social Art Skills, go through the procedures for the license of charge with the prices control administration of the local people's government on the strength of the same, and for the record with the Ministry of Culture and the administrative department of the province, autonomous region and municipality directly under the Central Government in the place where the applicant is located. The administrative department shall issue the certificate for the record. The applicant may set up an art grading examination only after it has obtained the Qualification Certificate for the Grading Examination of Social Art Skills and the license of charge from the local prices control administration. Article 14. If an art grading examination institution fails to set up any art grading examination in two consecutive years, its Qualification Certificate for the Grading Examination of Social Art Skills shall be recalled by the examination and approval authority. If an art grading examination institution ceases setting up art grading examination, it shall, within 60 days from the date of closing the latest art grading examination, submit the report thereon to the examination and approval authority together with the Qualification Certificate for the Grading Examination of Social Art Skills. If the art grading examination institution fails to return the Qualification Certificate for the Grading Examination of Social Art Skills, the examination and approval authority shall cancel its qualification for art grading examination. Article 15. Any examiner of art grading examination must obtain the Qualification Certificate for Examiners of Social Art Grading Examination and be engaged by an art grading examination institution. Article 16. Such professional that fulfills the following conditions may apply to the Specialists' Guidance Commission for the Work Relating to the National Grading Examination of Social Art Skills via an art grading examination institution for the Qualification Certificate for Examiners of the Grading Examination of Social Art Skills: (1) He/she shall have over ten years of experience in studying professional arts; (2) He/she shall have over five years of working experience in the art or the education of the art in whose specialty the application is filed; (3) He/she shall have a good ability in setting an example, guiding the teaching and appreciating; and (4) He/she shall have fine political qualities and moral cultivations. CHAPTER IV ADMINISTRATION OF GRADING EXAMINATION Article 17. Any art grading examination institution must form a permanent working institution, which shall be provided with full-time working personnel, and organize art grading examination according to the approved specialties of art grading examination. Article 18. An art grading examination institution may, prior to organizing an art grading examination, publish to the society the general regulation of the examination. The general regulation shall be within the specialty of the test and the scopes of the examination places set up and must indicate the charged items and charge standards. The general regulation shall be submitted to the examination and approval authority for the record prior to its issuance, and the examination and approval authority shall issue the certificate for the record. Article 19. An art grading examination institution may entrust the relevant entity to undertake the art grading examination. The undertaker shall fulfill the following conditions: (1) It shall have an independent legal person status; (2) It shall engage in such business relating to the specialty of the art grading examination as art education, art show, art training and art research; (3) It shall have the substantial conditions necessary to carry out the art grading examination; and (4) It shall have a fine social goodwill. An art grading examination institution must sign a cooperative agreement with the undertaker to clarify the rights and obligations of both parties. An undertaker must, as far as the cooperative agreement specifies, carry out activities in the name of the art grading examination institution, and the art grading examination institution shall bear legal liabilities for the acts of the undertaker relating to the art grading examination. Article 20. If an art grading examination institution entrusts an undertaker to undertake art grading examination, it shall, within 20 days from the date of the effectiveness of a cooperative agreement, submit the undertaker's basic information and the cooperative agreement for the record to the administrative department in charge of culture of the province, autonomous region or municipality directly under the Central Government in the place where the undertaker is located. The administrative department in charge of culture shall issue a certificate for the record. Article 21. An art grading examination institution shall, within 5 days before carrying out the art grading examination, submit the information on the time and place of the art grading examination, the number of examinees and the arrangements for examination rooms etc. for the record to the examination and approval authority and the administrative department in charge of culture in the place where the art grading examination is carried out. If the examination rooms are located in the capital city of a province (autonomous region or municipality directly under the Central Government), the said information shall be submitted for the record to the administrative department in charge of culture of the province (autonomous region or municipality directly under the Central Government). If the examination rooms are located in other cities, the said information shall be submitted for the record to the administrative department in charge of culture in the local cities. If the examination rooms are located within a country, the said information shall be submitted for the record to the administrative department in charge of culture in the local country. The administrative department in charge of culture shall issue the certificate for the record and be responsible for the supervision and inspection of the art grading examination. Article 22. The contents of an art grading examination shall be determined in accordance with the approved syllabus of the art grading examination. Article 23. The examiners in an examination room shall be dispatched by an art grading examination institution, and there shall be at least one examiner in the relevant specialty in a same examination room. An examiner shall carry the Qualification Certificate for the Examiners of the Grading Examination of Social Art Skills for inspection and verification. An examiner shall only implement such art grading examination carried out by the institution engaging him and specified in the Qualification Certificate for the Examiners of the Grading Examination of Social Art Skills. Article 24. An examiner shall evaluate the art skills of examinees according to the published standards of art grading examination. Article 25. The withdrawal system shall be implemented in an examination room. Such examiners that have the kinships or teachers and students relationship etc., which may affect the impartiality of an examination, shall withdraw on his/her own initiative. Any examinee or the guardian of any minor examinee may file an application for the examiner's withdrawal, and the application shall be implemented upon verification by the principal of the examination room. If the examiner fails to withdraw as he/she is supposed to, the result of the examination shall be ineffective if the matter turns out to be true after an investigation and verification. Article 26. If an examinee passes the examination of an art specialty grading examination for which he/she has registered, the art grading examination institution shall issue to the examinee the Certificate for the Grading Examination of Social Art Skills corresponding to the art specialty band. The art grading examination institution shall, within 60 days from the date of closing each art grading examination, submit the name list of examinees to whom the certificates for art grading examination will be issued for the record to the administrative department in charge of culture under the people's government of the province, autonomous region or municipality directly under the Central Government in the place where it is located. The administrative department in charge of culture shall issue the certificate for the record. Article 27. If there is any change of the examiners engaged by an art band institution, or of the main principal or working office of its working institution, the change shall, within 20 days from the date of the same, be reported to the examination and approval authority for the record. The examination and approval authority shall issue the certificate for the record. Article 28. The Ministry of Culture shall implement the evaluation system for all art grading examination institutions, and the evaluations shall be published to the society. The specific procedures shall be formulated separately. CHAPTER V PENALTIES PROVISIONS Article 29. Any one that sets up any art grading examination without authorization or in disguised way shall be ordered by the administrative department in charge of culture to cease its illegalities and return its collected fees, the test shall be announced as ineffective, and a fine of between RMB 10,000 yuan and RMB 30,000 yuan shall be imposed upon him/it concurrently. Article 30. If any art grading examination institution is involved in any of the following circumstances, the administrative department in charge of culture shall give it a warning, order it to make corrections and impose upon it a fine of between RMB 1,000 yuan and RMB 3,000 yuan: (1) If it fails to submit the general regulation of an art grading examination to the examination and approval authority for the record but promulgates it directly; (2) If it fails to submit the information on the time and place of an art grading examination, the number of examinees and the arrangements for examination rooms in accordance with the provisions prior to organizing the art grading examination; (3) If it fails to submit, in accordance with the provisions, the name list of examinees to whom the certificates for an art grading examination will be issued for the record to the administrative department in charge of culture after the art grading examination is closed; or (4) If there is a change of any examiner engaged by an art band institution or of the main principal or working office of its working institution, but it fails to report, in accordance with the provisions, the change to the examination and approval authority for the record. Article 31. If any art grading examination institution is involved in any of the following circumstances, the administrative department in charge of culture shall order it to cease the art grading examination, announce the test as ineffective and impose upon it a fine of between RMB 2,000 yuan and 5,000 yuan; the damage that the examinees suffer shall be compensated for by the art grading examination institution: (1) If it fails to organize an art grading examination according to the approved art grading examination specialty; (2) If any examiner or any of his/her acts fails to abide by the provisions of Articles 23 and 24 of the present Measures; (3) If it fails to implement the withdrawal system under the prescribed requirements; or (4) If it plays favoritism and commits irregularities or practices fraud in carrying out an art grading examination. Article 32. If any art grading examination institution commits any of the following acts, the administrative department shall order it to make corrections and impose upon it a penalty of ceasing setting up the art grading examination for one year. If the circumstances are serious, the qualification for setting up art grading examination shall be cancelled, and the Qualification Certificate for the Grading Examination of Social Art Skills shall be collected: (1) If the entrusted undertaker fails to put on the record with the administrative department in charge of culture or to comply with the relevant provisions; (2) If it issues the Qualification Certificate for the Grading Examination of Social Art Skills whose manufacture has not been supervised; (3) If it issues the Qualification Certificate for the Grading Examination of Social Art Skills to the examinees participating in the examination that is announced to be ineffective; (4) If it expands the scope of examination rooms set up without permit and authorization; (5) If it overcharges by violating the charges standards approved by the prices control administration; or (6) If it obstructs or resists the supervision and inspection by the working personnel of the administrative department in charge of culture. Article 33. Any of the working personnel of the administrative department in charge of culture that commits any of the following acts shall be imposed upon an administrative penalty; if a crime is constituted, the criminal responsibility shall be prosecuted for according to the law: (1) If he/she, in violation of the provisions hereof, approves, without authorization, the establishment of an art grading examination institution that does not comply with the conditions; (2) If he/she fails to perform his/her supervisory functions, and to investigate into the illegalities of an art grading examination institution; or (3) If he/she plays favoritism and commits irregularities or takes bribes by his/her functions and powers. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 34. The Ministry of Culture shall be responsible for interpreting these Measures. Article 35. These Measures shall enter into force as of July 1, 2004. The Measures for the Administration of the Grading Examination of Social Art Skills issued by the Ministry of Culture on May 17, 2002 shall be repealed simultaneously. |
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