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The establishment of an educational institution needs to meet the conditions of venue, teachers, management, funds, etc.
The specific conditions are:
1) Have the purpose of running a school in line with the national education policy, and the guiding ideology of running a school is correct.
2) In line with the development plan of student quality education.
3) Have a name that meets the norms and be able to bear civil liability independently.
4) Have the necessary funds for running the school and stable funds**.
5) The teachers, buildings, venues and equipment of the training institutions must meet the standards stipulated by the local regulations.
6) The training venue must have a certificate of real estate, an ID card of the owner of the property, a lease agreement or a certificate of consent to borrow, and a certificate of the nature of the use of the premises.
7) Have the charter of a legal private training institution.
8) In principle, the legal representative must be a Chinese citizen, with full capacity for civil conduct, no bad record, good conduct, and good health.
9) There is an administrative person in charge determined according to the requirements of the Articles of Association of Private Training Institutions, and a sufficient number of qualified full-time security personnel and training personnel.
The approval and registration of off-campus training institutions shall be subject to localized management. The county-level education department is responsible for the approval and issuance of school running permits, and without the approval of the education department, no extracurricular training institution may carry out training operations for primary and secondary school students in the name of tutoring, consulting, cultural dissemination, or so forth. Where off-campus training institutions set up branches or training sites in the same county, they must be approved;
Where a branch or training site is established across counties, it is necessary to go to the county-level education department where the branch or training site is located for approval. Primary and secondary schools must not organize or participate in the establishment of off-campus training institutions.
Legal basis
Article 12 of the Law of the People's Republic of China on the Promotion of Private Education: Private schools that implement academic education, pre-school education, self-study examination assistance and other cultural education shall be examined and approved by the people's education administrative department at or above the county level in accordance with the authority prescribed by the state; Private schools that organize and implement vocational qualification training and vocational skills training based on vocational skills shall be examined and approved by the people's human resources and social security administrative departments at or above the county level in accordance with the authority prescribed by the state, and a copy shall be sent to the education administrative departments at the same level for the record.
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Legal analysis: The Law of the People's Republic of China on the Promotion of Private Education divides the nature of training institutions into business and non-business nature.
According to the different natures, the qualifications for running schools are different: for-profit institutions need a "school running permit" and a "business license"; Non-profit institutions need a "School License".
Legal basis: "Law of the People's Republic of China on the Promotion of Private Education" Article 19: The proprietors of private schools may independently choose to establish non-profit or for-profit private schools. However, for-profit private schools that provide compulsory education must not be established.
The proprietors of non-profit private schools are not allowed to obtain income from running the school, and all the surplus of the school's operation is used for running the school.
The proprietors of for-profit private schools may obtain income from running the school, and the school's surplus shall be handled in accordance with the provisions of the Company Law and other relevant laws and administrative regulations.
After a private school obtains a license to run a school, it shall register as a legal person, and the registration authority shall handle it in accordance with law.
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Handling process: 1. Understand the preconditions for qualification application.
It mainly refers to the documents issued by the local ** competent department of the city where the institution is located on the bid of private education and training institutions. You can go to the local **** to inquire or go to the local education bureau ** government affairs center to consult and understand.
Take Xi'an, Shaanxi Province, for example. According to the "Guiding Standards for the Establishment of Private Non-academic Cultural Education and Training Institutions in Xi'an" issued by the Xi'an Municipal Education Bureau on August 10, 2018, it can be seen that the specific requirements include:
2. Find a suitable venue.
1. Nature of use: commercial. The nature of the site you choose should preferably be commercial.
If it is an industrial land, it is important to confirm whether the industrial land can be used for education and training institutions before signing a lease agreement. It needs to be noted here: if you plan to open a private kindergarten, industrial land is absolutely not possible.
2. Floor: Children's education and training institutions, early education, trusteeship, and preschool education, etc., cannot rent more than 3 floors (excluding 3 floors) of the venue. (Some areas require more than 5 floors), it is recommended to consult the local education authority;
3. Fire safety: Whether it is the investor's own site or leased site, first of all, the site has passed the safety inspection and acceptance of the fire department (the fire inspection and acceptance report issued by the fire department), and the report needs to be attached to the lease contract as an annex to the contract.
4. Site decoration plan and renderings: After completing the site lease, the investor needs to get the original floor plan of the site as soon as possible, and complete the decoration plan and renderings of the institution (the decoration plan and renderings should be included in the requirements of some cities).
3. Approval of the name of the institution.
For-profit education and training institutions should apply to the industrial and commercial bureau, or if they are non-profit educational institutions, they should apply to the local civil affairs bureau.
4. Submit application materials.
1. Bidding report: The main contents of the report include: organizers, training objectives, school scale, school level, school form, school conditions, internal management system, fund raising and management use, etc.;
2. The name, address or title and address of the organizer.
3. Assets**, the amount of funds and their valid supporting documents, and indicate the property rights;
4. School property that is donated must submit a donation agreement, indicating the name of the donated property, the amount of the donated assets, the use of good management methods and relevant valid supporting documents.
5. The list of members of the school charter, the first school council (board of directors) or other decision-making bodies.
6. Valid proof of school assets;
7. Qualification documents of principals, teachers and financial personnel.
5. Fire Acceptance Certificate for School Running:
Fire protection acceptance of education and training institutions: After the decoration of the institution is completed, the fire protection acceptance of the institution must be carried out to ensure that the hardware of the institution is in line with fire safety. (After passing the inspection, the fire department will issue a fire inspection and acceptance report), which is what we usually call the second fire protection acceptance The fire protection permit for running a school is not equal to the original fire protection license of the site, but a special fire protection permit for running a school.
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The following qualifications must be possessed by the school:
1. The training institution shall be approved and managed by the education administrative department of the district and county (autonomous county) where the school is located, and shall be reported to the Municipal Education Commission for the record.
2.Apply for a business license from the administrative department for industry and commerce for legal person registration (to provide capital verification certificate, business premises status, etc.);
3.Handle tax registration. As for the cost, there must be at least 100,000 yuan of registered capital (subject to capital verification and assessment by an accounting firm).
4.Apply for the formal establishment of private education and training institutions.
1) Report on the status of preparation. Clearly state the basic situation of the preparation, the amount of investment and the basic conditions for running the school.
2) Articles of Association of Private Education and Training Institutions.
the purpose, scale, level, form, etc.;
the amount, nature, etc. of the school's assets;
the method of formation, composition, term of office, rules of procedure, etc. of the board of directors, board of directors or other forms of decision-making bodies;
The legal representative of the school;
whether the funder is demanding a reasonable return;
the reasons for the school's voluntary termination;
Bylaws Amendment Procedure.
4) The original and photocopy of the ID card, academic certificate, and professional title certificate of the proposed person in charge, personal resume, and proof of more than 2 years of educational work experience.
5) The original and photocopy of the ID card, academic certificate, and teacher qualification certificate of the teacher to be hired. Teachers and staff should have an employment contract that specifies the rights and obligations of both parties.
6) The original and copy of the qualification certificate of the financial and accounting personnel to be hired.
7) Valid documents of land use rights, school building property rights and school assets.
8) Capital verification report issued by an accounting firm.
9) Proof of school site.
10) List of teaching instruments and equipment. If the organizer owns it and uses it as an investment in running the school, it shall go through the formalities for changing the property rights.
Those who have the conditions to run a school may directly apply for the formal establishment of a private education and training institution without preparation.
4. The staff will conduct verification.
5. After the examination and approval is completed, the approval or disapproval shall be made in writing, and if the establishment is approved, the school running license shall be issued.
The deadline for submission of applications is 30 days, and the deadline for formal applications is 20 working days.
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What qualifications are required for education and training institutions as follows:
1. License to run a school
Most of the disciplines and non-disciplines of training institutions are Chinese, mathematics, English, physics, chemistry, politics, geography, biology, etc., as long as the courses taught in the school belong to the subject category.
Discipline training is in charge of the education department, need to have a school license, school license is a very hard indicator, if there is no certificate, the training institution will be banned, the first two years a large number of capital into the training institutions, these capital institutions into the bureau are basically academic training institutions, and finally lead to the chaos of discipline training institutions.
Some unfair incidents have occurred, and children from poor families cannot surpass the children of wealthy families in their lifetime through studying, so the Ministry of Education has taken action to rectify it, and only institutions that have obtained school licenses can engage in academic training.
The handling of school licenses is very strict, not that you can handle it if you have money, which is why a large number of academic training institutions are now closed.
2. Business license
Most of the non-academic classes are quality education, such as **, dance, drums, taekwondo, etc., which do not require a school license, do not belong to the jurisdiction of the Ministry of Education, and belong to the management of the industrial and commercial departments.
Because non-academic training institutions do not need to run a license, there is now a large number of art training classes on the rise.
3. Fire protection permit
The fire station is very important, many times the other documents of the training institution have been handled, the fire certificate has not been able to handle down, some areas stipulate that more than 300 square meters need to have a double channel, no matter what type of training you have. If it is less than 200 square meters, there is no need for dual channels, and single channels are fine.
However, the policies of different regions are different, and the cost of fire protection renovation is difficult to estimate, some of them are bottomless when they collapse, sometimes they only need some small transformations, and sometimes they only need to have a good relationship with the fire department. This depends on the local situation, and special things are done.
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Legal analysis: There are two steps to handle education and training qualifications. The details are as follows:
1. Where an application is made for the formal establishment of a private school, the examination and approval authority shall, within three months from the date of acceptance, make a decision on whether to approve it in writing and send it to the applicant;
2. If an application is made for the formal establishment of a private institution of higher learning, the examination and approval authority may also make a decision on whether to approve it in writing within six months from the date of acceptance and send it to the applicant.
The proprietors of private schools may independently choose to establish non-profit or for-profit private schools.
Legal basis: Law of the People's Republic of China on the Promotion of Private Education
Article 13 To apply for the establishment of a private academic qualification school, the organizer shall submit the following materials to the examination and approval authority: the application report, the content shall mainly include: the organizer, the training objectives, the scale of the school, the level of running the school, the form of running the school, the conditions for running the school, the internal management system, the fund-raising and management use, etc.; the name, address or title and address of the organizer;
Assets, the amount of funds and valid supporting documents, and the property rights; For donated school property, a donation agreement must be submitted, which shall state the name of the donor, the amount of the donated assets, the purpose and management method and relevant valid supporting documents.
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