Chapter I General Provisions
Article 1 In order to regulate the intermediary service activities of studying abroad at one's own expense and protect the legitimate rights and interests of the parties and intermediary service agencies studying abroad at one's own expense, these Measures are formulated in accordance with the relevant provisions of the State Council and the Ministry of Education on the management of intermediary service agencies studying abroad at one's own expense. For example, the State Council's Decision on the Sixth Batch of Cancellation and Adjustment of Administrative Examination and Approval Items, Notice of the General Office of the Ministry of Education on Doing a Good Job in the Implementation of the Decision on the Sixth Batch of Cancellation and Adjustment of Administrative Examination and Approval Items in the State Council, and Notice of the Ministry of Education on Doing a Good Job in the Examination and Approval of One-time Decentralized Study Abroad Intermediary Service Institutions.
Article 2 The intermediary service of studying abroad at one's own expense as mentioned in these Measures (hereinafter referred to as? Study abroad intermediary service? ) refers to the activities of institutions registered by the administrative department for industry and commerce and qualified by the Provincial Department of Education to provide intermediary services such as study abroad information, legal policy consultation, safety education and contact arrangement.
Article 3 The intermediary service for studying abroad shall be subject to the administrative licensing system. Institutions engaged in intermediary services for studying abroad in this province shall register with the administrative department for industry and commerce in accordance with the law, obtain a business license, and obtain the qualification certificate for intermediary services for studying abroad at their own expense (hereinafter referred to as the qualification certificate) after being qualified by the Provincial Department of Education. When an intermediary service institution for studying abroad headquartered outside the province opens a branch in Shanxi Province, it needs to register the branch in the administrative department for industry and commerce, and obtain the Notice of Filing the Business Activities of the intermediary service institution for studying abroad at its own expense in Shanxi Province (hereinafter referred to as the Notice of Filing) after being filed by the Provincial Department of Education.
Without the registration of the administrative department for industry and commerce and the qualification certification of the Provincial Department of Education, no institution or individual may engage in intermediary services for studying abroad.
Article 4 To carry out intermediary service activities for studying abroad, we shall abide by the laws, regulations and policies of the State on studying abroad, protect the legitimate rights and interests of applicants, be honest and trustworthy, and charge reasonable fees.
Fifth Provincial Department of Education is responsible for the qualification identification and filing of intermediary service institutions for studying abroad in this province, and conducts daily supervision in conjunction with the Provincial Administration for Industry and Commerce and the Provincial Public Security Department.
Chapter II Qualification Identification and Filing
Article 6 An institution applying for the qualification of intermediary service for studying abroad shall meet the following conditions:
(a) has obtained a business license within the administrative region of this province, and the business scope includes enterprises studying abroad at their own expense;
(2) Having the qualification of a legal person;
(3) The legal representative is a China citizen with permanent residency in China and has full capacity for civil conduct;
(4) Having a fixed office for conducting intermediary services for studying abroad, with an area of not less than 50 square meters;
(5) There shall be no less than 5 staff engaged in intermediary services for studying abroad, and the main staff shall have college education or above, be familiar with the education situation and study abroad policies of China and relevant countries, and be able to provide guidance for studying abroad; Personnel composition includes foreign language, law and other professionals;
(six) a sound internal management system, service process and emergency mechanism.
Article 7 An institution applying for the qualification of intermediary service for studying abroad shall submit the following materials to the Provincial Department of Education:
(1) An application form for the qualification of intermediary service agencies for studying abroad at their own expense in Shanxi Province;
(2) Business license;
(three) the legal representative's resume, ID card, household registration book (or household registration certificate), education certificate and its certificate, and residence permit is required if the household registration is not in this province;
(four) the resume, identity card, education and its certificate, employment contract of the staff, and the professional and technical personnel shall also provide the corresponding qualification certificates;
(five) the property right or lease certificate of the office space;
(six) the articles of association, service standards and emergency plans and other relevant system texts;
(seven) the work plan, service area and charging standard of the intermediary service business to be carried out;
(eight) other relevant materials that need to be provided.
Items (1), (6) and (7) of this article need to submit the originals of relevant materials, and the materials listed in items (2), (3), (4) and (5) shall be submitted together with the originals and photocopies, and the photocopies shall not be returned.
Article 8 An intermediary service institution for studying abroad that applies for filing shall submit the following materials in addition to the materials in Items (2) and (4) to (7) of Article 7 of these Measures:
(a) the filing form of the branches of the intermediary service agencies studying abroad at their own expense in Shanxi Province;
(two) the "qualification certificate" of the headquarters;
(3) The resolution and power of attorney of the headquarters organization on opening branches;
(4) Resume of the person in charge, ID card, household registration book (or household registration certificate), academic certificate and its certificate, and residence permit for persons whose household registration is not in this province;
(5) Other relevant materials that need to be provided.
Items (1) and (3) of this article require the submission of the original materials, while items (2) and (4) require the submission of the original materials and photocopies, and the photocopies shall not be returned.
Article 9 The Provincial Department of Education accepts the application for the qualification of intermediary service institutions to study abroad at their own expense in April 165438+ 10 every year. If the application materials are incomplete or do not conform to the statutory form, the materials shall be returned on the spot or within 5 days, and a notice of correction shall be issued to inform the corrected contents at one time. If the application materials meet the requirements, or the applicant submits supplementary materials as required, it shall issue a notice of acceptance. For the rejected application, explain the reasons and inform the applicant in writing.
Article 10 After accepting the application for qualification identification or filing, the Provincial Department of Education shall, within 20 days, jointly with the relevant departments, review the school-running conditions of the applicant institution, make a decision on whether to approve the license, and inform the applicant institution of the results in writing; Reasons for not granting permission. If the audit cannot be completed on schedule, it can be postponed for at most 10 days, and the applicant will be informed of the reasons for the postponement.
Article 11 After receiving the written notice of passing the qualification recognition or filing review, the applicant shall, within 10 days, sign the Agreement on Entrusted Supervision Reserve Fund with the Provincial Department of Education and the designated bank, and deposit the reserve fund.
Twelfth Provincial Department of Education to review the deposit certificate submitted by the applicant, and issue the "Qualification Certificate" or "Notice of Filing" within 5 working days.
Chapter III Operation of Intermediary Service Institutions for Studying Abroad
Thirteenth intermediary service institutions for studying abroad shall hang their business licenses, qualification certificates or filing notices in a prominent position in their main business premises, and publicize their service specifications.
Fourteenth study abroad intermediary service institutions can provide the following services to clients:
(1) Consultation on relevant laws, regulations and policies of relevant countries and regions;
(2) Introduce information on enrollment, application procedures and study abroad fees of foreign schools recognized by the Ministry of Education, and guide and assist in applying for admission;
(three) to assist in the preparation of materials needed to go abroad and to guide the relevant procedures;
(4) Organizing life, safety and etiquette training before going abroad;
(five) to help contact and arrange services such as going abroad and returning home.
Fifteenth study abroad intermediary service institutions must sign a legally binding entrustment contract with the client in accordance with the "People's Republic of China (PRC) Contract Law" to clarify the rights and obligations of both parties; The contract shall use the "Entrustment Contract for Self-funded Study Abroad Intermediary Service (Model Text)" jointly formulated by the Ministry of Education and the State Administration for Industry and Commerce. Before signing the contract, the client shall be clearly informed of the charging items, charging standards and payment methods.
Article 16 The legal liabilities of the branches set up in our province by self-funded study abroad intermediary service institutions outside the province shall be borne by the headquarters, and the entrustment contract for self-funded study abroad intermediary service shall be signed by the headquarters and the client.
Seventeenth "qualification certificate" or "filing notice" is valid for 5 years. The intermediary service institution for studying abroad shall apply for an extension within 60 days before the expiration of the validity period, and submit a report on its operation within the validity period, and the Provincial Department of Education shall make a decision on whether to agree to the extension. Do not agree to the extension, notify the applicant in writing and explain the reasons; Agree to postpone, renewal of the "qualification certificate" or "filing notice". Those who fail to apply for extension within the time limit shall be deemed to have given up.
Article 18 Where an intermediary service institution studying abroad changes its name, address, legal representative and registered capital, it shall go through the registration of change at the administrative department for industry and commerce according to law, and report to the Provincial Department of Education for filing within 10 working days after the registration of change, and issue a new qualification certificate or filing notice.
Chapter IV Management and Use of Reserve Funds
Nineteenth intermediary service institutions to implement the reserve fund system. The total amount of the reserve fund is 6,543,800 yuan, which is used to pay the compensation when the intermediary service agencies studying abroad at their own expense refuse to bear or are unable to bear the damage to their clients' legitimate rights and interests.
Twentieth reserve funds and their interest are owned by the intermediary service institutions for studying abroad, and are supervised by the Provincial Department of Education according to the Agreement on Entrusted Supervision of Reserve Funds. Without the consent of the Provincial Department of Education, no institution or individual may use the reserve fund without authorization.
Article 21 When an intermediary service institution for studying abroad is unable to pay compensation according to the ruling of an arbitration institution or the judgment of a people's court, or is unable to pay a breach of contract, infringement or administrative fine, it shall submit an application for using the reserve fund in written form, and with the consent of the Provincial Department of Education, it may use the reserve fund and make up it within 30 days after use; Those who fail to make up for it within the time limit shall not continue to carry out intermediary services for studying abroad.
Article 22 After the intermediary service institution for studying abroad has been disqualified as an intermediary service institution or voluntarily terminated its intermediary service business, if there is no complaint or lawsuit against the institution within 1 year, it can obtain the principal and interest of the reserve fund from the bank with the certificate issued by the Provincial Department of Education.
Article 23 After the dissolution, bankruptcy, merger or revocation of the business license of the intermediary service institution for studying abroad, the reserve fund and interest as part of its assets shall be disposed of in accordance with relevant laws and regulations.
Chapter V Supervision and Administration
Article 24 An intermediary service institution for studying abroad shall submit the business report of the previous year and the work plan of this year and other materials to the Provincial Department of Education before June 65438+1October 3 1 every year as the necessary materials for the information change and qualification certificate extension of the intermediary service institution for studying abroad.
Twenty-fifth Provincial Department of Education announced to the public in a timely manner the list of intermediary service agencies for studying abroad that have obtained qualifications or filed. According to the Notice on Printing and Distributing (No.2015] 2045), the relevant information about the illegal behavior of the intermediary service institutions studying abroad shall be jointly punished and accepted by the public.
Article 26 Where an intermediary service institution for studying abroad terminates its intermediary service activities for studying abroad, it shall, after handling the alteration or cancellation of registration in the administrative department for industry and commerce, report in writing to the Provincial Department of Education within five working days, and the Provincial Department of Education shall cancel its Qualification Certificate or Notice of Filing. An intermediary service institution for studying abroad declared bankrupt by the people's court shall become invalid as of the date when the bankruptcy legal documents are declared.
Twenty-seventh study abroad intermediary service institutions in violation of these measures, one of the following acts, in accordance with relevant laws and regulations; There are illegal acts, the relevant departments shall be investigated for legal responsibility according to law.
(1) Obtaining the qualification certificate or filing notice by false materials or other improper means;
(two) failing to submit the business report of the previous year and the work plan of this year to the Provincial Department of Education as required;
(three) the intermediary service institutions headquartered outside the province have not set up branches in our province for the record in the Provincial Department of Education;
(4) Signing contracts with customers in the name of branches;
(five) the reserve fund is not replenished on schedule after use, and continues to engage in intermediary service activities for studying abroad;
(6) Entrusting other institutions or individuals to provide intermediary services for studying abroad by contracting or subcontracting;
(seven) to the school to carry out publicity activities to study abroad;
(eight) publishing false information or false illegal advertisements and organizing illegal intermediary activities;
(9) Fabricating or providing false materials for customers, or instigating, assisting or organizing customers to provide false materials or forging relevant materials;
(ten) instead of overseas educational institutions to collect tuition fees from the client, or to hold language training, preparatory study abroad and other related education and teaching activities without authorization;
(11) Failing to perform obligations as agreed in the contract, which damages the economic interests and personal privacy of the client;
(twelve) the occurrence of disputes or emergencies, not timely treatment, resulting in adverse social impact;
(thirteen) laws and regulations prohibit or affect the educational order, and infringe upon the legitimate rights and interests of the parties who study abroad at their own expense.
Article 28 Those who engage in intermediary service activities for studying abroad in disguised form in the name of consultation, training, study abroad, summer (winter) camp, etc., or continue to engage in intermediary service activities for studying abroad after cancellation or revocation of qualification certificate and filing notice, shall be investigated and dealt with by the Provincial Department of Education jointly with the Provincial Administration for Industry and Commerce in accordance with relevant laws and regulations.
Twenty-ninth study abroad intermediary service institutions in violation of the relevant provisions of advertising management, the administrative department for Industry and Commerce shall be investigated and dealt with in accordance with relevant laws and regulations.
Thirtieth study intermediary service institutions in violation of the relevant provisions of entry and exit and social security, shall be investigated and dealt with by the public security organs according to law.
Thirty-first support and encourage intermediary service industry associations to study abroad at their own expense to independently carry out activities in accordance with the articles of association formulated according to law, standardize industry behavior, strengthen industry self-discipline, improve the overall service level of the industry and improve the service quality of the industry.
Chapter VI Supplementary Provisions
Thirty-second institutions that have obtained qualification certificates before the implementation of these Measures shall be examined in accordance with the relevant provisions of Chapter II of these Measures; If it passes the review, the qualification certificate will be re-issued. After the promulgation and implementation of these measures, those who fail to apply for review or review shall not carry out intermediary services for studying abroad at their own expense.
Article 33 Applications from overseas institutions (individuals), representative offices of overseas institutions in China or Shanxi, Sino-foreign joint ventures, wholly foreign-owned enterprises and Chinese-foreign cooperatively-run schools to engage in intermediary services for studying abroad at their own expense will not be accepted for the time being.
Article 34 These Measures shall be interpreted by the Provincial Department of Education in conjunction with the Provincial Public Security Department and the Provincial Administration for Industry and Commerce.
Article 35 These Measures shall come into force as of the date of promulgation.