《中华人民共和国中外合作办学条例》 Regulations of the Peoples Republic of China on Chinese-Foreign Cooperation in Run

assets provided as a donation to the proposed school， which carries the name of the donor， value of donation， purpose of use and management methods， and the relevant valid verifying documents； and

　　（5） a certificate verifying that not less than 15 percent of initial funds provided by the Chinese and foreign cooperators is already invested.

　　Article 15 In the case of an application for preparation for establishment of a Chinese-foreign cooperatively-run school， the examination and approval authorities shall decide whether to grant the approval or not within 45 days from the date of receiving the application. If the application is approved， a letter of approval for preparation for establishment shall be issued； if the application is not approved， reasons shall be provided in writing.

　　Article 16 An applicant whose application for preparation for establishment of a Chinese-foreign cooperatively-run school is approved shall file an application for formal establishment within three years from the date of approval； if it is more than three years， the Chinese and foreign cooperators in running the school shall file an application anew.

　　During the period of preparation for establishment， no students shall be enrolled.

　　Article 17 An applicant who has completed its preparation for establishment and applies for formal establishment shall submit the following documents：

　　（1） an application for formal establishment；

　　（2） the letter of approval for preparation for establishment；

　　（3） a report on the progress of preparation for establishment；

　　（4） the articles of association for the Chinese-foreign cooperatively-run school， and a list of members on its first board of trustees or board of directors， or of its first joint managerial committee；

　　（5） valid documents verifying assets of the Chinese-foreign cooperatively-run school； and

　　（6） documents verifying the qualifications of the president or principal administrator， the teachers and financial staff.

　　An applicant who directly applies for formal establishment of a Chinese-foreign cooperatively-run school shall submit all doc

uments listed under subparagraphs （1）， （4）， （5） and （6） of the preceding paragraph and subparagraphs （2）， （3） and （4） of Article 14.

　　Article 18 In the case of an application for formal establishment of a Chinese-foreign cooperatively-run school offering education for non-academic qualifications， the examination and approval authorities shall decide whether to grant the approval or not within three months from the date of receiving the application； in the case of an application for formal establishment of a Chinese-foreign cooperatively-run school offering education for academic qualifications， the examination and approval authorities shall decide whether to grant the approval or not within six months from the date of receiving the application. If the application is approved， a permit for Chinese-foreign cooperation in running the school printed in a standard format and numbered in a unified way shall be granted； if the application is not approved， reasons shall be provided in writing.

　　The format of the permit for Chinese-foreign cooperation in running a school shall be determined by the education administrative department of the State Council and the printing be arranged separately by the education administrative department and the labour administrative department of the State Council in accordance with their respective functions and duties； the permit for Chinese-foreign cooperation in running a school shall be numbered in a unified way by the education administrative department of the State Council and the specific measures shall be formulated by the education administrative department jointly with the labour administrative department of the State Council.

　　Article 19 In the case of an application for formal establishment of a Chinese-foreign cooperatively-run school offering education for academic qualifications， the examination and approval authorities， upon receiving such an application， shall organize an expert committee to make an evaluation， and the expert committee shall give its opinions.

　　Article 20 A Chinese-foreign cooperatively-run school which has obtained the permit for Chinese-foreign cooperation in running the school shall register in accordance with the relevant laws and administrative regulations， and the registering authorities shall process the registration timely in accordance with the relevant provisions.

　　Chapter III Organization and Administration

　　Article 21 A Chinese-foreign cooperatively-run school with the legal person status shall set up a board of trustees or a board of directors， and a Chinese-foreign cooperatively-run school without the legal person status shall set up a joint managerial committee. Chinese members on the board of trustees， the board of directors or of the joint managerial committee shall not be less than half of the total number.

　　The board of trustees， the board of directors or the joint managerial committee shall be composed of at least five members with one of them serving as the chairperson and one of them serving as the vice-chairperson respectively. If either of the Chinese and foreign cooperators in running the school assumes the chairpersonship， the other shall assume the vice-chairpersonship.

　　The legal representative of a Chinese-foreign cooperatively-run school with the legal person status shall be appointed through consultation between the Chinese and foreign cooperators in running the school from the chairperson of the board of trustees， or the chairperson of the board of directors， or the president of the cooperatively-run school.

　　Article 22 The board of trustees， the board of directors or the joint managerial committee of a Chinese-foreign cooperatively-run school shall be composed of the representatives from both the Chinese and foreign cooperators in running the school， the president or principal administrator of the school， the representatives of the school's teaching and admi

nistrative staff， etc.， and one-third of the members shall have at least five years of work experience in the field of education and teaching.

　　The list of members on the board of trustees， the board of directors or of the joint managerial committee of a Chinese-foreign cooperatively-run school shall be submitted to the examination and approval authorities for the record.

　　Article 23 The board of trustees， the board of directors or the joint managerial committee of a Chinese-foreign cooperatively-run school shall exercise the following powers：

　　（1） electing or by-electing the members on the board of trustees， the board of directors or of the joint managerial committee；

　　（2） appointing or dismissing the president or the principal administrator；

　　（3） modifying the articles of association and formulating school rules and bylaw；

　　（4） formulating development plans and approving annual work plans；

　　（5） raising operational funds， examining and approving the budget and the final accounts；

　　（6） determining the staff arrangement and quotas and the wage scales；

　　（7） making decisions on the division， merger or termination of the Chinese-foreign cooperatively-run school； and

　　（8） exercising other powers specified by the articles of association.

　　Article 24 The board of trustees， the board of directors or the joint managerial committee of a Chinese-foreign cooperatively-run school shall meet at least once a year. Interim meetings of the board of trustees， the board of directors or the joint managerial committee may be convened upon proposal made by at least one-third of its members.

　　The board of trustees， the board of directors or the joint managerial committee of a Chinese-foreign cooperatively-run school shall adopt its decision upon agreement by at least two-thirds of its members when it discusses the following major issues：

　　（1） appointing or dismissing the president or the principal administrator；

　　（2） modifying the articles of association；

　　（3） formulating the development plan；

　　（4） making decisions on the division， merger or termination of the Chinese-foreign cooperatively-run school； and

　　（5） other major issues specified by the articles of association.

　　Article 25 The president or the principal administrator of a Chinese-foreign cooperatively-run school shall be a person with the nationality of the People's Republic of China， domicile in the territory of China， love the motherland， possess moral integrity， and have work experience in the field of education and teaching as well as compatible professional expertise.

　　The president or the principal administrator appointed by a Chinese-foreign cooperatively-run school shall be subject to approval of the examination and approval authorities.

　　Article 26 The president or the principal administrator of a Chinese-foreign cooperatively-run school shall exercise the following powers：

　　（1） executing the decisions of the board of trustees， the board of directors or the joint managerial committee；

　　（2） implementing the development plan and drafting annual work plans， financial budget， rules and bylaw；

　　（3） employing and dismissing the staff and executing rewards and punishments；

　　（4） organizing teaching and scientific research activities and ensuring teaching quality；

　　（5） taking charge of daily administrative work； and

　　（6） exercising other powers specified by the articles of association.

　　Article 2

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