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	NOTICE OF THE MINISTRY OF CIVIL AFFAIRS ON THE ISSUES CONCERNING THE REGISTRATION OF SINO-FOREIGN COOPERATIVE EDUCATIONAL INSTITUTIONS

	(promulgated on December 12, 2003 and have come into force as of September 1, 2003)


SUBJECT : FOREIGN INVESTMENT; JOINT VENTURE; EDUCATIONAL INSTITUTIONS
ISSUING DEPARTMENT : MINISTRY OF CIVIL AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/12/2003
IMPLEMENT DATE : 09/01/2003
LENGTH : 425 words
TEXT :

The Regulations of the People's Republic of China on Chinese-foreign Cooperative Education promulgated by the State Council (hereinafter referred to the Regulations) have been implemented as of September 1 of this year. In order to regulate the administration on the registration of sino-foreign cooperative educational institutions, we inform you of the relevant issues as follows:

I. With regard to the sino-foreign cooperative educational institutions that apply for being registered as private non-enterprise entities after they have obtained the licenses of sino-foreign cooperative education, they may be registered as private non-enterprise entities in accordance with Article 20 of the Regulations and Article 12 of the Interim Regulations on the Administration of Registration of Private Non-enterprise Entities.

II. The application for being registered as a private non-enterprise entity filed by a sino-foreign cooperative institution shall be handled by the administrative department of education of the government that issues the license of sino-foreign cooperative education, and the department of civil affairs of the administrative department of labor of the government of the same level. If the license of sino-foreign cooperative education is issued by the people's government of a province, autonomous region or municipality directly under the Central Government upon examination and approval, the application shall be handled by the department of civil affairs of the people's government of the province, autonomous region and municipality directly under the Central Government.

III. Where a sino-foreign cooperative institution applies for being registered as a private non-enterprise entity, the fund, article in kind, intellectual property and other properties shall be defined as non-state-owned assets. The proportion of non-state-owned capital and assets in the registered capital contributions shall not be less than two thirds of the total capital and assets.

IV. Where a sino-foreign cooperative education institution applies for being registered as a private enterprise entity, the Private Non-enterprise Entity (Legal Person) Registration Certificate shall be used. In accordance with the Regulations, the Private Non-enterprise Entity (Partnership) Registration Certificate may be used for establishing sino-foreign cooperative institutions without legal person qualification.

V. Where any educational institutions in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan cooperate with the educational institutions in the Mainland, the above-mentioned provisions shall be referred to.

Considering the strict policy and difficulties of sino-foreign cooperative education, the leadership shall be intensified practically in handling the applications for being registered as private non-enterprise entities filed by sino-foreign cooperative educational institutions. Any new circumstance and problems arising at the work shall be reported to the Administration of Non-Governmental Organizations of this Ministry to be solved in time.