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Article 1. The present measures are formulated to promote foreign exchange and cooperation in the sphere of Chinese education and regulate universities and colleges' activities of running schools abroad. Article 2. In the present measures, "universities and colleges engaged in overseas education" refers to the universities and colleges that establish, independently or jointly with the educational institutions and other social organizations that have the status of legal person and are acknowledged by the government of the country (region) where they are located, educational institutions abroad mainly for recruiting overseas citizens as students, or adopt other forms to engage in educational institution and teaching activities, to engage in diploma education, degree education and non-diploma higher education. Article 3. The universities and colleges engaged in overseas education shall adhere to the policies of exploring actively, progressing steadily, doing according to their abilities, ensuring the quality, managing normatively and running school in accordance with the law. Article 4. The universities and colleges engaged in overseas education shall be in conformity with relevant provisions of China, shall abide by the law and regulations of country (region) where they are located, shall obtain relevant legal qualifications and shall undertake relevant legal liabilities by themselves. Article 5. The universities and colleges engaged in overseas education shall first establish the preponderant or distinctive studies in the sphere of Chinese higher education and take full account of the needs and the development features of country (region) where they are located. The state encourages universities and colleges to run schools abroad in a wider range of disciplinary fields. Where universities and colleges engaged in overseas education confer Chinese diploma education and degrees, the establishment of specialties and schooling system shall be in conformity with relevant provisions of China, ensuring the quality and the standing credit of Chinese higher education. Article 6. Where a university or college is engaged in undergraduate degree education or on a higher level, it shall file an application to the Ministry of Education upon check and approval by the people's government or the administrative department of education of the provinces, autonomous regions and municipalities directly under the Central Government according to the relationship of subordination. The Ministry of Education shall make a decision of approval or disapproval within 30 days as of the acceptance of such an application. Article 7. Where a university or college is engaged in professional training and non-diploma higher education, it shall file an application to the people's government of the province, autonomous region, or municipality directly under the Central Government or the administrative department of education in charge, for check and approval. A decision of approval or disapproval shall be made within 30 days as of the acceptance of an application. Within 15 days as of the approval, the checking and approving organs shall report the approved documents to the Ministry of Education for archivist purposes. Article 8. In order to be engaged in educational activities abroad, a university or college shall submit the following materials: (1) An application. An application shall include: the purposes, form of cooperation, conditions, length of schooling, measures for the conference of degrees, forecast of teacher and student sources, financial and operational forecast, basic introduction to the foreign partner and statements of whether it is in conformity with relevant provisions of the country (region) where it is located; (2) Teaching plans, aims and models for the training of talents, curriculum design and other basic documents related to teaching; (3) Foreign partner's legal qualifications for running schools and its credit certificate; (4) An cooperative agreement signed by Chinese and foreign cooperators. The agreement shall include the following elements: Institution name and nature, curriculum, admission requirements, sources of teachers and textbooks, cooperative duration, all parties' rights and interests, the conference of degrees, managerial methods, financial arrangements, methods for solving disputes and measures of liquidation. A cooperation agreement shall not be implemented until the application for running schools has been approved; and (5) To apply for independently establishing an educational institution, the applicant shall submit the articles of association, which shall have the following specifications: Institution name and address, doctrine, scale, forecast of student sources, specialties design, teaching forms, interior managerial system, financial sources, financial and operational forecasts, system of property and financial management, the rights and obligations between the sponsor and the educational institution, procedures for modifying the articles of association and other items that must be specified in the articles of association. Article 9. The universities and colleges engaged in overseas education may confer certificates separately or jointly with each other for schooling in accordance with pertinent regulations by way of the sino-foreign joint educational institution. Those approved to engage in the higher diploma education and degree education, corresponding diplomas of China may be conferred in accordance with relevant regulations. Where degrees are to be jointly conferred by the Chinese party and its foreign partner, or to be conferred merely by the Chinese party, the regulations governing Chinese degrees shall be observed. Those having been approved to engage in non-diploma higher education, ipso facto, realistic certificates may be conferred. Article 10. The Ministry of Education, the people's government of the provinces, autonomous regions and municipalities directly under the Central Government or the administrative organs of education in charge of the universities and colleges shall, according to each authority of check and approval, be responsible for guiding, supervising and managing the activities of the universities and colleges that run schools abroad. Article 11. The present measures shall be applicable to the universities and colleges that run schools in Hong Kong and Macao. With regard to universities or colleges that run schools in Taiwan, separate measures shall be formulated. The present measures shall not be applicable to universities or colleges' activities of assigning teachers to overseas educational institutions to give lectures through school exchange project or other methods. Article 12. The present Measures shall come into force as of February 1, 2003. |
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