In order to adapt to our province’s deepening of reforms, expanding opening to the outside world, improving the development environment, and meeting the needs of foreign personnel’s children receiving overseas education in our province, and further regulating the management of schools for foreign personnel’s children in our province, according to the original National Education Commission’s "Regarding the Establishment of Children of Foreign Citizens" The Interim Management Measures for Schools (Jiaowaizong [1995] No. 130), the Ministry of Education’s Opinions on Doing a Good Job in Schools for Children of Foreign Persons (Jiaowai Banxue [2015] No. 2) and the Ministry of Education The Notice on Clarifying the Management Policy of School Fees for Children of Foreign Personnel and Other Related Issues (Fagai Price [2014] No. 2828) formulates these management measures.

Chapter One General Provisions

      Article 1 Schools for children of foreign personnel (hereinafter referred to as "schools") are established by foreign institutions, foreign-funded enterprises, international organizations in China and foreigners legally residing in China, for the convenience of foreigners working and living in the province. Established for the children of the school.

      Article 2 Schools are limited to the implementation of secondary school education (including ordinary middle schools) and below. The school can only use one name, and its foreign translation name should match the Chinese name. The name of the school should reflect the nature, level and category of general education in different countries. It should not be prefixed with words such as "National", "China", "World" and "Global". The name of the province or city should be added before the name. At the same time, " "School for children of foreign personnel" must be used as the suffix of the school name.

      Article 3 The school mainly enrolls children (foreigners) of foreigners legally residing in Shaanxi Province. Children of Chinese citizens in China are not allowed to enroll in school. The school may appropriately enroll children of Hong Kong, Macau Special Administrative Region and Taiwan residents legally residing in the province, children of Chinese citizens legally residing abroad (foreign nationality), and children of imported overseas high-level talents (foreign nationality or green card).

      Article 4 The establishment of schools for children of foreign personnel is a public welfare undertaking, and it shall follow the guidelines of establishment on demand, strict examination and approval, standardization of school running, and management in accordance with the law. The school shall not establish branch schools or teaching sites.

      Article 5 The school-running conditions of the school shall not be lower than the school-running standards of similar ordinary schools of the same level in the locality.

Chapter II Application

      Article 6 To apply for opening a school, the following basic conditions must be met:

      (1) There is a corresponding scale of students and school-running needs;

      (2) Having teachers who meet the needs of education and teaching;

      (3) Having necessary venues, facilities and other conditions for running a school;

      (4) Have the necessary funds for running a school and a stable source of funds.

      Article 7 The establishment of a school for children of foreign personnel applied for by an organizational structure shall be a foreign-funded institution or organization that has been approved by the relevant Chinese government departments and has independent legal personality. The organization shall abide by Chinese laws and regulations, and have a good reputation and business records.

      For schools for children of foreign personnel established by an individual application, the applicant shall have the ability to independently bear civil liability, have no criminal record at home or abroad, have experience in education, teaching or education administration, and shall hold a foreigner’s residence permit in Shaanxi Province Permit and have a fixed residence and stable job in Shaanxi.

      Article 8 The applicant of a school shall submit an application to the education bureau of the city (district) where the school is to be established with complete application materials. After inspecting and reviewing the materials, the Municipal (District) Education Bureau will report to the Provincial Department of Education for approval if they meet the requirements. The Provincial Department of Education organizes expert committee reviews, and the expert committee provides advisory opinions. If the Provincial Department of Education approves the establishment, it shall issue a school permit with a unified format and a uniform number; if it does not approve it, it shall give reasons in writing. The school shall have the status of a legal person from the date of approval and shall independently bear civil liabilities.

      Article 9 The bidding school needs to provide the following materials:

      (1) Application for opening a school (including school purpose, enrollment plan, enrollment area, school scale, etc.).

      (2) The feasibility report of opening a school (including the source of students in the area where the school plans to run the school and an analysis of the necessity of running the school).

      (3) The school charter. The contents of the charter shall specify the following contents:

      1. The name and address of the school;

      2. The school's mission, scale, level, form, scope and enrollment targets, etc.;

      3. The rights and obligations of the school sponsor, the method of funding, the amount, source and nature of the funding, etc.;

      4. The method of generation, composition, tenure, rules of procedure, main responsibilities, etc. of decision-making bodies such as the board of directors or council (should be composed of more than 5 people); the conditions and terms of the members of the school's board of directors or councils, and the methods of formation; Organizational structure, decision-making body’s decision effective rules, authority, and loss due to decision-making errors, the responsibilities of the decision-making body (members), and the handling of abnormal situations in the decision-making body;

      5. The legal representative of the school and its method of production and terms of reference;

      6. The procedures for the selection and removal of principals, powers and responsibilities, term of office, etc.;

      7. The school’s main internal organization settings and their production methods, functions, and work systems;

      8. Financial management system, income and expenditure principles, and the proportion of various personnel’s work and welfare expenditures to daily school expenses;

      9. Teacher appointment and staff employment system;

      10. Whether the sponsor requires a reasonable return;

      11. Procedures for amending the articles of association;

      12. School change procedures and asset disposal;

      13. The reason for the school's termination, the method of dissolution and liquidation;

      14. Other matters that must be stipulated by the charter.

      (4) Applicant's certification documents:

      1. Organization applicants need to provide an independent legal person qualification certificate of the organization;

      2. Individual applicants need to provide: the applicant’s residence permit for foreigners in Shaanxi Province; the certificate of no criminal record certified by the country’s notary office and the Chinese embassy or consulate in that country; the employment certificate issued by the applicant’s work unit ( Explain the specific work, position and employment period); work experience certificate issued by the unit that has been engaged in education, teaching or education administration (explain the specific work, position and start and end dates of work); personal real estate certificate or house lease contract.

      (5) Basic information and resumes of the proposed chairman of the board of directors, school principals, members of the board of directors, legal representatives and accounting personnel, identity certificates, academic qualifications, professional titles, qualification certificates and other documents.

      (6) The facilities, school buildings, venues, sources of funding and relevant supporting documents of the proposed school:

      1. The certificate of land and house use (including the area of use, period of use, address, zip code, and contact number) of the school premises and its state-owned land use permit and planning completion acceptance certificate, public security fire department acceptance certificate, and food business permit.

      2. If the school is owned by the sponsor, a certificate of real estate ownership must be submitted. If the school premises are leased, a house lease contract must be submitted, and the lease term shall not be less than 10 years; if the original purpose is not for school-running purposes, it should be suitable for conversion to a school-running site. The safety, environmental protection, and sanitation around the premises should meet the requirements, and planning should be provided The department agrees to change the use of the document.

      3. For newly-built school premises, the approval opinions on land use and proposed planning from the territorial and planning departments of the place where the school is run shall be issued. Submit an application to the Municipal (District) Education Bureau for school preparation, and after review and approval, the Municipal (District) Education Bureau shall report to the Provincial Department of Education for approval. No students may be enrolled during the preparatory period.

      4. If the sponsor uses state-owned assets in applying for the establishment of schools for children of foreign personnel, it shall, in accordance with the relevant state-owned assets supervision and management regulations, hire an intermediary agency with evaluation qualifications to conduct evaluations in accordance with the law, and reasonably determine the amount of assets based on the evaluation results. The period of use and the relevant methods of compensation shall be reported to the agency responsible for the supervision of the state-owned assets for the record.

      5. Proof of capital and credit, explaining the total investment in running the school, the amount of capital contribution, the source of funding for running the school, the property relationship of assets, and the recent deposit certificate issued by the bank, and the capital verification report of the accounting firm (including account deposits, physical evaluation and valuation, and land removal The amount of investment in intangible assets other than the right to use).

      6. For items of a donated nature, a donation agreement must be submitted, stating the name of the donor, the amount of donated assets, use and management methods, and relevant valid certification documents.

      (7) Description of school scale, education and teaching and teachers (including school construction scale, planned enrollment number, length of schooling system, education and teaching mode, curriculum, source of teachers).

      (8) Other required materials.

      All the above-mentioned application materials need to be in four sets, one set is archived after the municipal (district) Education Bureau examines and agrees, and the other three sets are submitted to the Provincial Department of Education.

Chapter III School Management

      Article 10 The school is established with the approval of the Provincial Department of Education and implements territorial management. The education bureau of the city (district) where the school is located is responsible for the daily management of the schools for children of foreign personnel in the area under its jurisdiction. It conducts an annual inspection of the schools in the area and provides support and assistance for the normal education and teaching of schools in the area under its jurisdiction. The school shall submit the roster of staff and students, teaching materials, etc. to the local city (district) education bureau for the record every year, and accept the supervision and inspection of the local city (district) education bureau.

      Article 11 The school raises its own funds for running the school. Do not engage in business activities or other profit-making activities.

      Article 12 The school shall independently formulate the charging items and standards in accordance with the "Notice of the Ministry of Education of the National Development and Reform Commission on Clarifying the Management Policy of School Fees for Children of Foreign Personnel" (Fagai Price [2014] No. 2828), which must be reported to relevant departments for the record After that, it will be announced to the society in time. The school shall charge fees in RMB according to the academic year or semester, and issue invoices in accordance with the law, and shall not collect in advance across academic years or semesters.

      Article 13 Strengthen school financial and asset management. Schools should establish and improve financial, accounting and asset management systems in accordance with relevant Chinese laws and regulations, strengthen the construction of the school’s internal control system, and accept the supervision of the government and society in accordance with the law. Schools should set up accounting books in accordance with the law, handle tax registration, and open and use foreign exchange accounts. At the end of each fiscal year, the school shall promptly submit the prepared financial accounting report, the annual audit report of the social audit agency and other major financial matters to the local city (district) education bureau for the record.

      Article 14 The school curriculum, teaching plan, teaching materials and teaching content shall be determined by the school itself. However, it must not contain content that violates Chinese laws and harms China's national sovereignty, security, and social public interests.

      Article 15 Encourage the establishment of courses in Chinese language and Chinese culture, and carry out activities that help students understand Chinese history and culture.

      Article 16 Schools shall employ teachers and management personnel in accordance with relevant national laws and regulations. Foreign personnel hired by the school shall go through the employment procedures in accordance with the "Law of the People's Republic of China on Exit and Entry Administration" and the relevant regulations on foreigners working in China. The employment of the staff of the embassy and consulate in China and their spouses must be approved by the Ministry of Foreign Affairs.

      Article 17 The school, its staff, and students shall abide by Chinese laws and regulations, respect the customs and habits of the Chinese people, and shall not engage in activities that endanger the national security of the People’s Republic of China and the public interests of the society.

      Article 18 The school imports teaching equipment and office supplies and shall go through relevant procedures in accordance with relevant national regulations.

      Article 19 The land used for school construction shall be handled in accordance with the relevant laws and regulations of the state on land management. School premises and grounds shall not be used for activities that are incompatible with their functions.

      Article 20 The school shall designate special personnel to strengthen the management and system construction of food hygiene and safety, disease prevention and control, fire protection, public security, facility and equipment safety, and school bus safety. Under the guidance of the Municipal (District) Education Bureau, schools should work closely with local public security departments to take effective measures to protect the safety of teachers and students, and at the same time, protect the legitimate rights and interests of students in accordance with the law.

      Article 21 In accordance with relevant national laws and regulations, do a good job in school (legal person) registration and annual registration review and filing.

      Article 22 The school shall establish a board of directors or council with more than 5 members to be responsible for making decisions on major issues of the school. The board of directors or council should include the current principal and teacher representatives, as well as sponsors or delegated representatives. Major decisions of the board of directors or council should be agreed by more than two-thirds of the members. The application for changes in related matters should be submitted to the school board of directors or more than two-thirds of the council members to sign and agree at the same time.

      Article 23 The appointment and dismissal of school principals shall be decided by the board of directors or council, and the school shall report to the Provincial Department of Education for the record.

Chapter IV Change and Termination

      Article 24 For the change of the sponsor, a change agreement should be signed with the successor to clarify the legal responsibilities and obligations to be performed after the handover; at the same time, the sponsor should organize financial liquidation, and the liquidation should be approved by the school board or council. The successor should meet the conditions for starting a school, have the ability to run a school, and sign an agreement with the original sponsor to clarify the rights, obligations and legal responsibilities after taking over. The successor should submit a written application to the local city (district) education bureau, and after the city (district) education bureau examines and approves it, submit it to the provincial education department for approval.

      Article 25 The change of the members of the board of directors shall be decided by the board of directors or the board of directors, and the school shall report to the Provincial Department of Education for the record.

      Article 26 The change of the legal representative shall be approved by the school board of directors or council, and the school shall submit an application to the local city (district) education bureau, and provide the resolution of the board of directors or council, the valid identity certificate of the legal representative, and the residence certificate And resume and other materials. After the municipal (district) Education Bureau reviews and agrees, it shall be reported to the Provincial Department of Education for approval.

      Article 27 The change of school name and level shall be approved by the board of directors or council, and the school shall submit an application to the local city (district) education bureau to explain the reasons for the change. Change the name of the school (same application conditions). To change the level of running a school, it is necessary to provide a feasibility report, courses, selection of teaching materials, teachers and school settings. After the municipal (district) Education Bureau reviews and agrees, it shall be reported to the Provincial Department of Education for approval.

      Article 28 After the school’s address is changed, upon the approval of the board of directors or council, the school shall submit an application for the change to the local city (district) education bureau, stating the reasons for the change, and providing the new school premises, facilities and school-running conditions. After being reviewed and approved by the Municipal (District) Education Bureau, it shall be reported to the Provincial Department of Education for the record.

      Article 29 The school terminates the school, submits an application for termination of the school, the minutes of the board of directors or the board of directors to terminate the school, materials related to financial liquidation, materials on the settlement and disposal of school property, and proper placement of students, faculty and staff. The school submits an application to the local city (district) education bureau. After being reviewed and approved by the Municipal (District) Education Bureau, it shall be reported to the Provincial Education Department for approval. After approval, the examination and approval authority withdraws the school permit, destroys the seal and cancels the registration.

Chapter V Penalties

      Article 30 In case of any of the following circumstances in violation of these regulations, the Municipal (District) Education Bureau shall order the school to rectify within a time limit; if the circumstances are particularly serious, report to the Provincial Department of Education for responsibility.

Order to close within a limited time.

      (1) Setting up a school and enrolling students without approval;

      (2) Providing false certification documents or adopting other improper means to defraud the school-running permit for the children of foreign personnel;

      (3) Recruiting children of Chinese citizens in China;

      (4) Carrying out school-running activities beyond the approved school-running level and category;

      (5) Lease, lend or transfer the school permit;

      (6) School-running resources (including funds, source of students and teachers) are seriously insufficient and cannot operate normally;

      (7) Engaging in industrial and commercial activities and other profit-making activities;

      (8) Publishing false enrollment guidelines and advertisements to defraud money;

      (9) The management is chaotic and the quality of education and teaching is low, causing bad effects;

      (10) Engaging in activities that violate Chinese laws and regulations.

Chapter VI Supplementary Provisions

      Article 31 These Measures are not applicable to the management of schools for children of foreign personnel operated by diplomatic agencies in China.

      Article 32 The Shaanxi Provincial Department of Education is responsible for the interpretation of these measures; these measures shall be implemented from the date of promulgation.