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Notice of the General Office of Shanghai Municipal People's Government on Issuing the Regulations of Shanghai Municipality on the Supervision and Administration of Training Institutions

06-23-2020

Notice of the General Office of Shanghai Municipal Peoples Government on Issuing the Regulations of Shanghai Municipality on the Supervision and Administration of Training Institutions

SMPG GO D[2019] No. 14


Attention:All District Peoples Governments, Commissions, Offices and Bureaus of the Municipal People’s Government:

We hereby promulgate the Regulations of Shanghai Municipality on the Supervision and Administration of Training Institutions to you with the approval of the Municipal People’s Government, and request you to implement them conscientiously.

General Office of Shanghai Municipal Peoples Government

December 6, 2019


Regulations of Shanghai Municipality on the Supervision and Administration of Training Institutions


Chapter I  General Requirements


Article 1(Purpose and Basis)

With a view to strengthening the administration on training institutions and clarifying the division of responsibilities of various functional departments in the supervision and administration on training institutions, these Regulations are formulated in accordance with the Administrative License Law of the Peoples Republic of China, the Law of the Peoples Republic of China on Administrative Punishment, and the Law of the Peoples Republic of China on the Promotion of Private Education and relevant laws, rules and provisions. 

Article 2(Scope of Application)

These Regulations shall apply to organizations or individuals other than state institutions that, with non-state fiscal funds, conduct such training services to the public as culture and education training, vocational skills training, culture and art counseling, sports guidance, science and technology training, infant care services (nursery) and early infant development guidance services (hereinafter generally referred to as the training institutions) .

These Regulations shall not apply to other special training activities that need to be licensed or filed by the functional department (prior examination).

The establishment of training institutions shall be determined in accordance with relevant laws and regulations, including administrative licensing, registration and filing, registration and other multiple ways (including pre-examination by social service institutions).

Article 3(Working Principle)

Supervision and administration on training institutions shall follow the principle of "territorial responsibility, behavior supervision and coordination and division of functions".

Article 4 (Division of Functions)

Education department shall take an overall lead in coordinating the training market, market supervision department shall lead the implementation of the comprehensive law enforcement of the training market, and relevant functional departments shall conduct coordination respectively.  

Education department shall be responsible for coordinating and organizing relevant functional departments in administration on culture and education training, vocational skills training, culture and art counseling, sports guidance, science and technology training, infant care services (nursery) and early infant development guidance services etc., and supervise and administer the licensed cultural education training institutions.

Department of human resources and social security shall take the lead in coordinating and organizing relevant functional departments at the same level to manage vocational skill training activities and supervise the licensed vocational training institutions.

Civil affairs department shall be responsible in carrying out the registration, supervision and administration on non-profit training institutions according to law.

Market supervision department shall lead the departments of education, human resources and social security, culture and tourism, sports, science and technology, and health care in implementing the legal registration of business training institutions and the supervision on relevant business training institutions that do not need licensing.

All districts shall carry out the functions and duties of territorial administration, strengthen the grid management, coordinate relevant functional departments and sub-districts and towns, and improve the cooperation and division mechanism in such segments as patrol and detection, supervision and inspection, and punishment of illegal acts.


Chapter II  Matters of Supervision and Administration and Implementation by Divided Functions


Article 5(Certification Administration)

The subject of certification supervision and administration shall be the license and the legal person registration certificate (including the business license, the private non-enterprise registration certificate) that the training institution must obtain for training activities according to law, including the obtained conditions of the certificate, its validity, the conditions of standard usage and standard disclosure.

Certification supervision and administration of training institutions shall be implemented by the issuing authority according to law.

Article 6(Supervision of Training Contents)

Supervision and administration of training contents include the qualifications of employees at training institutions, the setting of online and offline training courses, the use of teaching materials, difficulty and progress, training time, etc.

Supervision of training contents with respect to culture and education shall be conducted by their respective district education departments according to law; vocational skill shall be supervised by their respective district human resources and social security departments according to law; culture and art guidance shall be supervised by their respective district culture and tourism departments according to law; sports guidance shall be supervised by their respective district sports departments according to law; scientific and technological innovation shall be supervised by their respective district science and technology departments according to law; infant care services (nurseries) or guidance services for early development of infants and young children shall be supervised by their respective district education departments in conjunction with health departments according to law.

Publications or online training contents that involve pornographic, vulgar and other harmful information or the acts of infringement, piracy or illegal publication conducted by training institutions shall be supervised and administered by press and publication department.

Article 7 (Supervision of Fees Collection)

Supervision and administration of fees collection include standardization of fees charged by training institutions and supervision of fees received in advance.

Supervision of standardized fees for training institutions shall be carried out by the local market supervision departments according to law. Supervision and administration system of the fees received in advance by training institutions shall be studied and improved by the municipal department of education together with other relevant departments, and shall be facilitated and implemented by the relevant functional departments according to their duties.

Article 8(Supervision of Consumer Loans)

Training institutions shall not force or induce trainees to use consumer loans.The Shanghai headquarters of the Peoples Bank of China, the Shanghai Banking and Insurance Regulatory Bureau and the local financial supervision and regulation departments shall, in accordance with their respective functions and duties, exercise supervision and control over the handling of loans and related businesses of financial institutions.

Article 9(Supervision of Practitioners)

Supervision and administration of practitioners include labor employment relations, social security payment, qualifications of specific employees and normative supervision of foreign personnel employment.

Supervision and administration of the qualifications of some specific employees with respect to the teacher qualification certificate shall be implemented by their respective district education departments or human resources and social security departments according to law; other qualifications shall be subject to the accreditation of the relevant qualification certification unit or the functional department of the government designated by the relevant industry or field for supervision.

Supervision and administration of labor relations and social security payments of the various staff members of training institutions shall be implemented by the local human resources and social security departments according to law.

Supervision and administration of the employment of foreign personnel with respect to entry and exit shall be implemented by public security department according to law; the work permit for foreign nationals shall be supervised by science and technology department (the foreign affairs bureau) according to law.

Article 10(Site Safety Supervision)

Site safety supervision and administration include the safety of construction works, fire control works and facilities and equipment at the venue of training institutions, as well as the compliance with physical protection, technical defense facilities and civil air defense equipment in safety prevention.

Safety supervision and administration of the construction projects (including new construction, reconstruction and expansion) and fire control projects of the training sites shall be implemented by the administrative departments of housing and urban-rural construction in their respective districts according to law; daily fire control supervision and inspection of the training sites shall be carried out by the fire control and rescue organizations of their respective districts according to law; supervision on physical protection, technical defense and civil air defense in safety prevention shall be implemented by the local public security departments according to law.

Article 11(Food Safety Supervision)

Food safety supervision of training institutions shall be carried out by the local market supervision departments according to law.

Article 12 (Supervision of Network Information Security)

Supervision and administration on training institutions in network information security shall be carried out by the departments of internet and information, public security in accordance with their functions and duties. The items involving ICP filing, operation license of value-added telecom business of Internet information service, etc., shall be supervised by the municipal communications administrative department according to law. IPTV, Internet TV and other TV terminals shall be supervised by the department of culture and tourism in coordination with the department of public security according to law.

Article 13(Supervision of Advertising and Publicity)

Supervision and administration on training institutions in advertising and publicity shall be carried out by the local market supervision departments according to law.

Article 14(Supervision of Monopoly and Unfair Competition)

Supervision and administration on training institutions in anti-monopoly and anti-unfair competition shall be implemented by the local market supervision departments according to law.

Article 15(Tax Administration)

Tax supervision and administration on training institutions shall be carried out by the competent tax authorities according to law.

Article 16(Supervision of Site Use)

The owner shall examine the qualifications of the training institution. The use of the premises provided for training activities shall conform to the use approved by the resources department or stated in the registration certificate of ownership of the realty.

Supervision and administration of housing usage for training activities shall be implemented in accordance with the relevant provisions in the fields of education, housing administration, urban administration and law enforcement.

Article 17(Other Supervision)

Other supervision and administration matters not covered by these Regulations, except otherwise provided by laws and rules, shall be implemented according to law by the functional departments designated by laws and rules.


Chapter III  Basic Requirements for the Implementation of Supervision and Administration


Article 18(Obtaining Clues)

Functional departments shall, in accordance with the administration responsibilities and through regular inspection, "double-random" inspection and special inspection, obtain clues that the training institution may have violated laws and rules or caused other problems.

Supervision and administration on training institutions shall be incorporated into the grid integrated administration system of municipality, districts and sub-district and towns. Sub-district and towns shall rely on the grid comprehensive administration system to carry out the inspection work of the training institutions in their locality, and should inform the relevant functional departments in a timely manner once the clues of violation of laws and rules with typical characteristics are found.

Functional departments shall unblock channels for complaints and reports, and timely analyze and deal with relevant clues.

Article 19(Investigation and Verification)

After obtaining clues, functional departments shall promptly conduct investigations and verification according to law. Investigation and verification shall not prejudice the lawful rights and interests of the parties concerned or the institutions concerned.

Article 20(Handling according to law)

Functional departments shall, in accordance with their functions and duties and the law, deal with violations of laws and rules conducted by training institutions. The market supervision department therein shall, based on the complaints, reports or the clues handed over by the relevant departments, verify and exercise the power of administrative punishment in the field of training market as well as the corresponding administrative inspection and administrative coercive power. The interdepartmental transfer and cooperation of clues shall be separately formulated by the market supervision department together with the education department. 

Where a crime is suspected, the public security department shall file a case for investigation according to law.

Article 21(Information Collection and Publicity)

Functional departments shall collect the relevant supervision and administration information of the training institutions, strengthen information interconnection and inter-working with other relevant functional departments, and intensify joint incentives and joint punishments.

Article 22(Legal Liability of Training Institutions)

Training institutions shall actively cooperate with the relevant functional departments in the implementation of supervision and administration. The refusal of the training institution and its relevant personnel to cooperate with the supervision and administration shall be reflected in the work of annual inspection and credit evaluation; if the circumstances are serious, the offender shall be investigated for legal responsibility according to law. Those who violate the regulations of public security administration shall be punished by the public security department according to law. Those who are suspected of committing crimes shall be investigated for criminal liability according to law.

Article 23(Work Assessment and Responsibility)

Functional departments shall take the initiative to engage in supervision and administration by division of duties, and their performance shall be included in the work assessment. Violation of these Regulations in the supervision and administration on training institution shall be ordered by the superior administrative organ to be corrected. The chief directly responsible and other responsible persons shall be punished according to law. If economic losses are caused to the training institution, compensation shall be liable according to law. Those who are suspected of committing crimes shall be investigated for criminal liability according to law.

Article 24 (Others)

These Regulations shall be effective as of January 1, 2020.