Laws of the Guangdong Province

Administrative Regulations of Shenzhen Special Economic Zone on Adult Education

(Adopted at the Sixteenth meeting of the Standing Committee of the First Shenzhen Municipal People's Congress on November 2, 1994. As revised at the Seventeenth Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on August 23, 2002 for the first time. As revised at the Thirty-second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004 for the second time.)

Chapter ¢ñ General Provisions  

Article 1 In order to strengthen administration of adult education in Shenzhen Special Economic Zone (hereinafter referred to as Special Zone), improve teaching quality and efficiency of running a school, and promote the development of adult education, these regulations are formulated according to relevant provisions of the State and combining with actual circumstances of Special Zone.

Article 2 "Adult education" in these regulations refers to continuous education, which is offered by the school-running organization of adult education established according to these regulations or training class of adult education of all kinds according to these regulations, to the adult, who has seceded from the continuous education of ordinary school, in order to expand his knowledge and skill and improve his professional level and abilities.

Article 3 The aim of adult education is to wholly improve adult' s culture, skill and professional quality and make him adaptable to the needs of construction of Special Zone.

Article 4 Adult education is an important part of the cause of education. The people' s government at all levels of Shenzhen shall bring adult education into the overall plan of socio-economic development. All the administrative departments of government and relevant units shall bring adult education into their annual and long-term working plan.

Article 5 The people' s government at all levels shall support the unit or individual, who has the ability of running school to initiate the adult education adaptable to socialist construction, encourage adult to constantly improve his quality through adult education, and protect the legal rights and interests of student and school-runner.

Article 6 The administrative department of education of the people' s government of Shenzhen (hereinafter referred to as municipal government) is the competent department of administering the adult education of whole municipality, which shall be in charge of the harmonization, direction and macro-administration of adult education in this municipality. The administrative department of education of district people' s government is entrusted by the administrative department of education of municipal government to carry out the business direction, administration and supervision to adult education within the area under its jurisdiction.

The administrative department of labor of municipal government shall be in charge of administering the training of worker' s industrial grade, before-the-job and on-the-job training; The administrative department of personnel of municipal government shall be in charge of administering the training of public functionary; Other administrative departments of municipal government and social organization shall be in charge of administering the on-the-job training of the personnel of this system within their respective powers and duties.

Article 7 Municipal and district people' s government shall correspondingly increase the funds of adult education with the increase of economic development and financial revenue of Special Zone.

The administrative department, enterprise and institution shall draw the funds of adult education according to relevant provisions.

If the enterprise, institution and social organization hold the adult education, which enrolls student towards society, funds shall be raised and solved by themselves.

Chapter ¢ò Examination and Approval

Article 8 The establishment of school-running organization of adult education, which enrolls student towards society and the holding of training class of adult education shall satisfy the following requirements:

(1) having definite school-running aim, training objective, school-running scheme, teaching plan and corresponding regulatory framework;

(2) managerial personnel having good idea and moral character, having necessary professional knowledge of culture and technology, being familiar with teaching business, and having managerial ability;

(3) having the teachers, who accord with relevant provisions of the State and corresponds with the character and scale of school-running;

(4) having the teaching materials, facility and place, which correspond with school-running;

(5) having the capital needed for school-running.

The holding of adult education, which grants academic certificate, shall also accord with relevant provisions of the State.

Article 9 The full-time or part-time teacher of adult education shall acquire a degree of junior college or above or special skill.

Article 10 Any one, who plans to establish the school-running organization of adult education, which enrolls student towards society or hold the training classes of adult education of all kinds, shall file an application to the administrative department of education or relevant departments of municipal government, and conduct the formalities of examination and approval according to the following provisions:

(1) Any one, who plans to establish the adult institution of higher learning or any common institution of higher learning affiliated to municipality, which holds the correspondence education of undergraduate course, shall acquire the degree of municipal government and report it to the provincial people' s government or the State Education Commission for examination and approval according to the provisions of the State;

(2) Any common institution of higher learning affiliated to municipality, which plans to hold the correspondence education of junior college or establishes evening college or university, shall acquire the approval of municipal government and report it to the State Education Commission and the provincial people' s government for record;

(3) Any one, who plans to establish adult secondary specialized school, adult vocational school or adult middle school, shall acquire the approval of municipal government and report it to the State Education Commission and the provincial people' s government for record. If the State has separate provisions, these provisions shall be observed;

(4) The teaching class of Professional Certificate, which is held according to the provisions of State Education Commission and Ministry of Personnel, shall be examined and approved by the administrative department of education of municipal government together with the administrative department of personnel of municipal government;

(5) The establishment of other school-running organizations of adult education or the holding of training class of adult education of all kinds shall be examined and approved by the administrative department of education of municipal government or the district administrative department of education entrusted by it. The establishment of any school-running organization of adult education or the holding of any training class of adult education, which involves the training of worker' s industrial grade and before-the-job or on-the-job training, shall be examined and approved by the administrative department of labor of municipal government; The establishment of any school-running organization of adult education or the holding of any training class of adult education, which involves the professional training of art, sports, health, communication, architecture and so on, shall be submitted to the administrative department of education of the municipal government for examination and approval after relevant administrative departments of municipal government proposing opinion. Any school-running organization of adult education or the training class of adult education examined and approved by relevant administrative departments of municipal or district people' s government shall be reported to the administrative department of education of municipal government for record.

Any unit or individual from foreign country, Hongkong, Macao, Taiwan and the places out of Special Zone, who plans to establish the school-running organization of adult education or hold the training class of adult education in Special Zone, shall conduct formalities according to the preceding paragraph.

Article 11 Any government department or institution, which establish the school-running organization of adult education that involves institutional or manning quotas, shall report it to the department of manning quotas of municipal government and acquire its approval.

Article 12 Any training, which is aimed to cultivate the on-the-job personnel of this unit doesn' t enroll student towards society, is not within the scope of examination and approval provided in Article 10 of these regulations, and shall be organized by the unit.

Article 13 The administrative department of education or relevant administrative departments of municipal government shall give a written reply within one month from receiving the application for establishing a school-running organization of adult education or holding a training class of adult education filed by unit or individual. If the application is approved, the administrative department of education of municipal government shall issue the Certificate of Registration of the School-running Organization of Adult Education of Shenzhen or the document of approval of the training class of adult education of Shenzhen.

The Certificate of Registration of the School-running Organization of Adult Education of Shenzhen exercises the system of annual examination. The concrete measures shall be enacted by the administrative department of education of municipal government.

Chapter ¢ó Administration

Article 14 The adult education, which grants academic certificate, shall be held by the school-running organization of adult education whose establishment is approved according to the first, second or third subparagraph of the first paragraph of Article 10 of these regulations.

Article 15 Any one which wants to publish, broadcast, placard or distribute the enrollment advertisement of adult education in the Special Zone shall accord with the administrative regulations on advertising of the State, and shall report for record to the authority of examination and approval.

Article 16 Any school-running organization and training class of adult education of all kinds, which enrolls student towards society, shall apply for and receive the Permit of Educational Charge issued by the administrative department of price of municipal government. The charging standard shall be drawn up by the administrative department of education of municipal government together with relevant administrative departments of municipal government, and be reported to the administrative department of price of municipal government for examination and approval. The Certificate of Registration of the School-running Organization of Adult Education of Shenzhen or the documents of approval of the training classes of adult education of Shenzhen, the Permit of Educational Charge and the charging standard examined and approval by the administrative department of price of the municipal government shall be hung or posted at the obvious position of the place where the school is located.

Article 17 Relevant administrative departments of municipal or district people' s government and mass organizations may establish the administrative organization of adult education if necessary, and shall in charge of coordinating and directing the work of adult education within the scope of their respective functions and duties, drawing up and implementing the plan of adult education. Enterprise and institution may establish internal school-running organization of adult education, which shall be in charge of drawing up and implementing the educational plan of the working staff of this unit, and assisting relevant departments to perfect on-the-job training, assessment and issuance of license.

The internal school-running organization of adult education of enterprise or institution shall receive the direction, administration and supervision of the administrative department of education of municipal or district people' s government and relevant administrative departments.

Article 18 The school-running organization of adult education and training classes of adult education may issue corresponding certificate to the personnel who participates in the study of adult education and is examined to be qualified, according to the provisions of the State Education Commission and relevant administrative departments of municipal government.

Article 19 Any student, who is uniformly enrolled by the adult institution of higher learning or secondary specialized school, or participates in higher or secondary specialized self-study examination, if his period of schooling is expired and all the subjects are examined qualified, shall be issued diploma by school and shall be admitted his educational background according to relevant provisions of the State.

Article 20 According to relevant provisions of the State Education Commission and State Ministry of Personnel, the Professional Certificate, which is acquired through examination, may be one of the bases for assessing professional technical title or engaging technical, managerial or other positions within this industry.

Article 21 Any person, who has received on-the-job training and been assessed qualified by the assessment institution that is affirmed by relevant departments of government, shall be issued the Credentials of Post by assessment institution, which shall be one of the qualification certifications for holding a post and shall be effective within the scope provided by relevant departments.

Article 22 Any public servant or the special operating person, who is assessed qualified of industrial grade, shall be issued corresponding certificate by the administrative department of labor of municipal government according to relevant provisions, which may be effective credence of accepting an offer of employment, being on duty and conducting notarization for carrying out domestic and international cooperation in the fields of technique and labor service.

Article 23 Any student, who studies a single subject or receives specialized training, if his period of schooling is expired and he is assessed qualified, t shall be issued the Course-completion Certificate uniformly printed by the original administrative department of examination and approval by he school-running organization of adult education or training class of adult education, which shall be his proof of having received a single subject or specialized training.

Article 24 The administrative department of education or relevant departments of municipal government shall make the system and outcome of handling affairs known to the public when administering adult education; Public servant shall enforce law justly and receive the supervision of mass.

Chapter ¢ô Provisions of Punishment

Article 25 Anyone, who violates the provisions of Article 10 of these regulations, arbitrarily holding training class of any kind and obtaining illegal interest without being examined and approved, shall be ordered to stop the malfeasance and return the collected fees, and be fined more than one time but less than 3 times of the collected fees by the administrative department of education of municipal government.

Article 26 Anyone who publishes, broadcasts, posts or distributes the enrollment advertisement of adult education without reporting for record, in violation of the provisions of Article 15 of these regulations shall be ordered to stop his malfeasance, and be warned or be fined of 1,000 to 3,000 yuan by the administrative department of education of the municipal government according to the seriousness of the circumstances.

Article 27 Any school-running organization of adult education or training class of adult education, which violates the provisions of Article 16 of these regulations, arbitrarily increasing charging standard or collecting fees arbitrarily, shall be ordered to return the overcharged fees to student by the administrative department of education of municipal government, and be fined 3 times of the overcharged fees by the administrative department of price of municipal government.

Article 28 Any school-running organization of adult education or training class of adult education, whose actual schooling content doesn' t accord with declared content, shall be ordered to rectify by the administrative department of education of municipal government; If it fails to rectify within the prescribed time limit, it shall be fined 2,000 yuan, even be revoked the Certificate of Registration of the School-running Organization of Adult Education of Shenzhen or be withdrawn the document of approval of the training classes of adult education of Shenzhen.

Article 29 Any training class of adult education, which enrolls student towards society, if it is improperly managed or its teaching quality is inferior, shall be ordered to stop holding class, reorganize and return the collected fees to student by the administrative department of education of municipal government.

Article 30 Any school-running organization of adult education or training class of adult education, which violates the provisions of the state and these regulations, issuing the certificate of adult education recklessly and obtaining illegal interest, shall be ordered to take back the certificate or announce the issued certificate to be invalid, be confiscated its illegal gains and be fined them 5,000 yuan by the administrative department of education of municipal government; If the circumstance is serious, the administrative department of education of municipal government shall revoke the Certificate of Registration of the School-running Organization of Adult Education of Shenzhen or withdraw the document of approval of the training classes of adult education of Shenzhen.

Article 31 Any school-running organization of adult education or training class of adult education, which violates the provisions of these regulations when holding technical rating training, before-the-job or on-the-job training of worker, shall be punished according to the provisions of Article 25,26,27,28,29 and 30 of these regulations by the administrative department of labor of the municipal government.

Article 32 When imposing a fine, the administrative department of education of municipal government and the administrative department of labor of municipal government shall use the document uniformly printed by the administrative department of finance; The fine shall be fully turned over to local finance.

Article 33 Any public servant of the administrative department of education or relevant administrative department of municipal government, which violates the provisions of Article 24 of these regulations, playing irregularity for favoritism or abusing power, in case his act doesn' t constitutes a crime, shall be given an administrative sanction; In case his act constitutes a crime, he shall be investigated for criminal responsibility by judicial organ according to law.

Article 34 If the punished party is not satisfied with the punishment, he may apply for review to the organization of administrative review of municipal government according to law or directly file a lawsuit to the people' s court within 15 days from receiving the written punishment decision; If he is not satisfied with a decision of administrative review, he may file a lawsuit to the people' s court within 15 days from receiving the written decision of review. If he fails to apply for review or file a lawsuit within the prescribed time limit and refuses to fulfill the punishment decision, the original organization giving the punishment may apply to the people' s court for coercive enforcement.

Chapter ¢õ Supplementary Provisions

Article 35 Any school-running organization of adult education and training class of adult education, which is established in Special Zone before the promulgation of these regulations and enrolls student towards society, shall conduct supplementary formality in the administrative department of education or relevant administrative departments of municipal government according to the provisions of these regulations before June 1,1995.

Article 36 The municipal government may enact implementing rules according to these regulations.