Policies Regulations

Ministry of Education and Provincial Government's "Interim Regulations on Overseas Higher Education Institutions Running Schools in Hainan Free Trade Port"

Release Date:3/22/2023

Article 1 These Regulations are formulated in accordance with the Hainan Free Trade Port Law, the Education Law, the Private Education Promotion Law, the Regulations for the Implementation of the Private Education Promotion Law and other laws and regulations in order to promote the opening up of high-level education, serve the construction of Hainan Free Trade Port, and promote and regulate the operation of overseas higher education institutions in Hainan Free Trade Port.

Article 2 The overseas higher education institutions referred to in these Regulations include high-level universities and vocational colleges independently established in foreign countries and Hong Kong, Macao and Taiwan.

These Regulations apply to schools or campuses with independent legal person status (hereinafter referred to as educational institutions) established by overseas higher education institutions in Hainan Free Trade Port to implement professional education in science, engineering, agriculture and medicine.

Overseas higher education institutions that carry out Sino-foreign cooperative education in Hainan Free Trade Port shall comply with the provisions of the Regulations of the People's Republic of China on Sino-foreign Cooperative Education.

Article 3 The policy of expanding opening up, giving priority to quality, managing in accordance with the law and encouraging development shall be implemented for overseas higher education institutions to operate in Hainan Free Trade Port.

Overseas higher education institutions that operate in Hainan Free Trade Port shall abide by Chinese laws, comply with the principle of public welfare, and shall not harm China's national sovereignty, security and social public interests.

Article 4 Overseas higher education institutions operating in Hainan Free Trade Port shall meet the following conditions:

(i) Have a good reputation and high international reputation;

(ii) Have subject advantages in science, engineering, agriculture and medicine;

(iii) Graduates have high employment quality and good industry evaluation.

Article 5 The legitimate rights and interests of overseas higher education institutions and educational institutions shall be protected by Chinese laws.

Educational institutions shall enjoy the preferential policies stipulated by the state and Hainan Free Trade Port in accordance with the law and operate independently in accordance with the law.

Article 6 The Ministry of Education and the People's Government of Hainan Province shall jointly be responsible for the overall planning, comprehensive coordination and macro-management of school operations and formulate school operations policies.

The education administrative department and other relevant departments of the People's Government of Hainan Province shall be responsible for the specific management of educational institutions within the scope of their duties.

Article 7 The establishment of educational institutions shall comply with the national and local higher education development plans, meet the needs of the construction of Hainan Free Trade Port, and lead and radiate the opening up and high-quality development of regional higher education.

Article 8 The establishment of educational institutions that implement undergraduate and above education shall be submitted to the Ministry of Education for approval after the Hainan Provincial People's Government puts forward opinions.

If it is really necessary to establish a school-running institution that implements vocational education, it shall be approved by the Hainan Provincial People's Government and reported to the Ministry of Education for filing.

Article 9 The establishment of a school-running institution is divided into two stages: preparatory establishment and formal establishment. If the conditions for formal establishment are met, you can directly apply for formal establishment.

Article 10 When applying for the preparatory establishment of a school-running institution, you shall submit the application report for preparatory establishment, the school-running agreement signed between the overseas higher education institution and the Hainan Provincial People's Government or the municipal people's government where the school is located, the investment of high-quality resources of the overseas higher education institution, the situation of school-running funds and assets, and other materials.

If an overseas higher education institution needs to obtain approval from the government of its country (region) to establish a school-running institution in the Hainan Free Trade Port, it shall provide the approval document.

Article 11 When applying for the formal establishment of a school-running institution, you shall submit the application report for formal establishment, the school-running agreement signed between the overseas higher education institution and the Hainan Provincial People's Government or the municipal people's government where the school is located, the institution's charter, the school buildings and facilities and equipment, the situation of school-running funds and assets, the arrangement of education and teaching, the composition of the decision-making body, the situation of teaching and management personnel, and other materials.

Article 12 After accepting an application for the preparation or formal establishment of an educational institution, the approval authority shall organize experts to review and provide advisory opinions, and make a decision on whether to approve it in accordance with the law.

If the preparation is approved, a preparatory approval letter shall be issued; if the formal establishment is approved, a school license shall be issued. If the approval is not granted, the reasons shall be stated in writing.

Article 13 After obtaining the school license, the educational institution shall register as a legal person in accordance with the law.

Article 14 The establishment of an educational institution shall refer to the establishment standards of educational institutions of the same level and type organized by the state.

If the faculty, facilities and equipment of overseas higher education institutions are higher than the standards, the standards of overseas higher education institutions shall be implemented.

In special circumstances, the campus area may be appropriately lower than the establishment standards of educational institutions of the same level and type organized by the state, but it should be able to meet the needs of education and teaching.

Article 15 An educational institution can only use one name, and its foreign translation shall be consistent with the Chinese name.

The name of the educational institution shall reflect the nature, level and type of the institution.

Article 16 An educational institution shall establish a decision-making body to review and decide on major matters in the operation of the school.

The decision-making body shall be composed of representatives of overseas higher education institutions, the president of the school-running institution, the head of the party organization, representatives of the faculty and staff, and representatives of the public. Other organizations or individuals in and outside China that provide land, school buildings, funds and other resources to participate in the school-running may appoint representatives to participate in the decision-making body.

Article 17 The president of the school-running institution shall be responsible for implementing the decisions of the decision-making body, undertake the education and teaching, scientific research and other administrative management work of the institution, and serve as the legal representative of the institution.

The president shall have good conduct, have experience in education and teaching, and have the corresponding ability and level to perform his duties; he may be selected by the overseas higher education institution or selected by the decision-making body.

The president shall reside in China for no less than 6 months each year.

Article 18 School-running institutions shall run schools independently in accordance with their charters, and may refer to the policies of overseas higher education institutions to establish academic management systems and systems for teachers and students to participate in the democratic management of schools.

Article 19 Overseas higher education institutions shall select or recruit a sufficient number of teachers to teach in school-running institutions in accordance with the teacher staffing standards not lower than those of their own institutions, and the selected teachers shall reach a certain proportion, the specific proportion of which shall be determined in the school-running agreement.

The appointment and management of foreign teachers by educational institutions shall be carried out in accordance with the relevant provisions of the State on foreign teachers, and other foreign personnel shall comply with the relevant provisions on the employment of foreigners in China.

The People's Government of Hainan Province and relevant departments shall provide convenience for foreign teachers and other foreign personnel in terms of entry and exit, residence, children's enrollment, professional qualification certification, etc. in accordance with relevant regulations.

Article 20 Educational institutions shall offer courses including Chinese Constitution, laws, civic morality, national conditions, etc. in accordance with China's requirements for educational institutions of the same level and type.

Educational institutions may carry out the course teaching prescribed in the preceding paragraph by sharing courses with higher education institutions in China, purchasing high-quality online courses, etc., to improve the teaching quality.

Article 21 Educational institutions are encouraged to introduce courses and textbooks that are urgently needed in China and advanced internationally.

The selection of foreign textbooks by educational institutions shall be carried out in accordance with the relevant provisions of the State on the selection of foreign textbooks by higher education institutions.

Article 22 Educational institutions may use foreign languages ​​and characters for teaching as needed, but they shall offer a certain proportion of courses using the national common language and characters.

Article 23 Educational institutions may independently determine the scope, standards and methods of enrollment in accordance with laws and regulations. The enrollment standards shall not be lower than the standards of similar majors of overseas higher education institutions in their respective countries (regions).

Educational institutions are encouraged to recruit overseas students.

Article 24 Where an educational institution issues academic certificates of overseas higher education institutions, they shall be the same as the certificates issued by the overseas higher education institutions in their respective countries (regions) and shall be recognized in the country (region).

Students admitted by educational institutions in accordance with the national unified enrollment policy shall register their academic records and academic qualifications on the China Higher Education Student Information Network.

Educational institutions and overseas higher education institutions are encouraged to send students to each other and recognize credits.

Article 25 The items and standards for fees charged by educational institutions shall be determined based on factors such as the cost of running schools and social needs, with reference to the standards of overseas higher education institutions, and shall be announced to the public and subject to the management and supervision of relevant competent departments.

Article 26 Educational institutions shall establish financial, accounting and asset management systems in accordance with the law.

The supervision and management of state-owned assets of educational institutions shall be carried out in accordance with relevant national regulations.

Article 27 Educational institutions shall establish a system for ensuring the quality of education.

Schools should make their school operations public.

Schools should submit annual school reports to the competent authorities and accept school quality assessments organized by the competent authorities in accordance with the law.

Article 28 Party and mass activities carried out by school institutions shall be carried out in accordance with the relevant provisions of the state on party and mass activities in colleges and universities.

Article 29 If a school changes its domicile, name, school level, professional settings, etc. or terminates its operation, the decision-making body shall make a resolution and report it to the approval authority for approval or filing.

When a school terminates, it shall conduct financial liquidation in accordance with the law, properly place students on campus, and protect the legitimate rights and interests of teachers and students.

Article 30 These regulations shall be interpreted by the Ministry of Education and the Hainan Provincial People's Government and shall come into force on the date of publication.