Article 1 These Measures are formulated in accordance with the relevant laws and regulations of the State Council and the Ministry of Education and the actual situation of our province in order to regulate the intermediary service activities of studying abroad at our own expense and protect the legitimate rights and interests of the parties who study abroad at our own expense.
Article 2 The intermediary service for studying abroad at one's own expense as mentioned in these Measures refers to the activities of institutions that have obtained business qualifications upon approval to provide information, legal policy consultation, safety education, contact arrangement and other related services to the parties who study abroad at their own expense through cooperation with overseas universities or other educational institutions.
Article 3 According to the decision of the State Council, the intermediary service of studying abroad at one's own expense shall be subject to the administrative licensing system. Without the registration of the industrial and commercial department and the qualification confirmation of the Provincial Department of Education, no institution or individual may engage in intermediary service activities for studying abroad at his own expense.
Article 4 Intermediary services for studying abroad at one's own expense shall abide by relevant national laws and regulations, implement the national policy of studying abroad at one's own expense, 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, supervision and inspection of the intermediary service activities of studying abroad at its own expense. The provincial industrial and commercial departments are responsible for the registration and management of intermediary service institutions for studying abroad at their own expense.
Article 6 To apply for the qualification of intermediary service for studying abroad at one's own expense, one shall meet the following conditions:
(1) It has the qualification of a legal person, conducts related business activities stably, and has no record of violation of laws and regulations in related fields;
(two) the legal representative is a citizen of China who has settled in China and does not have the status of permanent resident abroad;
(3) There are more than three professional service personnel who are familiar with the education situation and study abroad policies of China and related countries, understand the enrollment requirements of overseas schools, and can provide study abroad guidance;
(four) the main staff has a college degree or above, and the composition of the staff should have professional qualifications such as foreign languages, law and accounting;
(5) Having a sound internal management system, service flow and emergency handling system.
Article 7 To apply for the qualification of self-funded study abroad intermediary service, the following materials shall be submitted: (1) Application Form for the Qualification of Self-funded Study Abroad Intermediary Service Agency;
(2) Certificate of legal person qualification;
(3) Resumes of the legal representative and main staff, corresponding qualification certificates and other relevant supporting documents;
(four) the articles of association, rules and relevant system texts of intermediary services for studying abroad at their own expense;
(5) Bank deposit certificate or capital verification report issued by accounting firm;
(six) proof of office space and office facilities;
(seven) the work plan and feasibility report of the proposed intermediary service business.
Eighth at their own expense to study abroad intermediary services to implement the reserve fund system. The intermediary service institutions studying abroad at their own expense shall sign the Agreement on Entrusted Supervision Reserve Fund with the Provincial Department of Education and the bank where the account is opened, and deposit the reserve fund in a special account to pay the damages that the intermediary service institutions studying abroad at their own expense should bear.
Amount of reserve fund: 500,000 yuan.
Article 9 The Provincial Department of Education shall, after accepting the application for qualification identification of intermediary services for studying abroad at its own expense, make a decision on whether or not to grant permission within 30 working days. If it is approved, the Ministry of Education will issue the Qualification Certificate of the Intermediary Service Agency for Studying Abroad at its own expense, and notify the applicant in writing to receive it with the certificate of deposit; If it is not approved, it shall notify the applicant in writing and explain the reasons.
If the original qualification certificate of the intermediary service institution for studying abroad at one's own expense is certified by the Ministry of Education and is still within the validity period, if it passes the annual inspection, a new qualification certificate of the intermediary service institution for studying abroad at one's own expense will be issued.
Tenth "at their own expense to study abroad intermediary service qualification certificate" is valid for 5 years. If you continue to engage in self-funded study abroad intermediary services at the expiration of the period, you should apply to the Provincial Department of Education for an extension 60 days before the expiration of the validity period; The application for extension shall submit a report on the operation within the validity period. Upon examination, if there is no violation of these provisions within the validity period, an extension shall be granted.
Eleventh at their own expense to study abroad intermediary service institutions should be registered in the industrial and commercial departments in accordance with the law, to obtain the qualification of the provincial education authorities, in order to carry out intermediary services in the region.
If an intermediary service institution that meets the requirements outside the province is engaged in inter-regional intermediary services in our province, it shall register its branches with the local administrative department for industry and commerce and apply to the Provincial Department of Education for the record.
Twelfth at their own expense to study abroad intermediary service institutions can provide the following services:
(1) Information consultation on national and regional education situation, enrollment conditions and rules of institutions of higher learning or other educational institutions;
(2) Consultation on relevant laws, regulations and policies of relevant countries and regions;
(3) To guide and assist applicants in choosing foreign institutions of higher learning or other educational institutions and applying for admission;
(four) to guide and assist in handling visas, notarization and other materials needed for leaving the country;
(5) Organizing pre-trip training for matters needing attention such as studying abroad, living abroad and studying abroad safety;
(six) to help contact and arrange other services needed overseas. Article 13 An intermediary service institution for studying abroad at its own expense shall not commit any of the following acts: (1) collect tuition fees from clients or organize relevant teaching activities instead of overseas educational institutions;
(two) to the compulsory education stage, the school will carry out publicity activities of studying abroad at its own expense in the form of consultation, lectures, symposiums and briefings;
(3) Providing intermediary services for studying abroad at one's own expense to other institutions or individuals through contracting or subcontracting.
Article 14 An intermediary service institution studying abroad at its own expense shall sign a service contract with the client to clarify the rights and obligations of both parties. The service contract can be formulated with reference to the model text of "Service Contract for Studying Abroad at One's Own Expense" uniformly formulated by the Ministry of Education and the State Administration for Industry and Commerce, and numbered uniformly.
Article 15 An intermediary service institution studying abroad at its own expense shall hang the Qualification Certificate of the intermediary service institution studying abroad at its own expense, the Business License of an enterprise as a legal person and other relevant documents in a prominent position in its main business premises to publicize the service standards.
Article 16 An intermediary service institution for studying abroad at its own expense shall submit the Annual Examination Form of the Intermediary Service Institution for Studying abroad at its own expense, the annual business report of the previous year and the annual inspection of the industrial and commercial department and other related materials to the provincial education department before the end of March each year, and the provincial education department shall conduct annual examination.
Article 17 Where an intermediary service institution studying abroad at its own expense applies for termination of intermediary services due to dissolution or closure, it shall apply in writing to the Provincial Department of Education for cancellation of its qualification certificate, which shall be implemented after being approved by the Provincial Department of Education.
If a person is declared bankrupt by the people's court because of insolvency, the qualification certificate of the intermediary service institution for studying abroad at its own expense will be invalid from the date when the legal document for declaring bankruptcy takes effect, and the qualification certificate will be cancelled by the Provincial Department of Education according to the effective legal document.
Eighteenth provincial education department in the issuance, cancellation or revocation of the "self funded study abroad intermediary service qualification certificate" after 15 working days, the relevant main information will be reported to the Ministry of education and the provincial industrial and commercial departments for the record; And before the end of April each year, the annual examination results and related statistical data will be reported to the Ministry of Education.
Nineteenth intermediary service institutions to study abroad at their own expense may establish industry associations according to law to strengthen industry self-discipline. Trade associations shall formulate articles of association according to law, carry out activities independently and provide services for their members.
Twentieth at their own expense to study abroad intermediary service institutions unable to bear the liability for damages, you can apply to the provincial department of education to use the reserve fund. Self-funded study abroad intermediary service institutions should make up within 60 days after using up the reserve fund; If it fails to make up for it within the time limit, it shall not continue to carry out intermediary services.
The principal of the reserve fund and its interest belong to the self-funded study abroad intermediary service institution. Without the consent of the Provincial Department of Education, the principal of the reserve fund shall not be used. When an intermediary service institution goes bankrupt or disbands, the principal of the reserve fund and its interest shall be treated as its assets in accordance with relevant regulations.
Twenty-first at their own expense to study abroad intermediary service institutions and their staff, one of the thirteenth provisions, or one of the following circumstances, the provincial education department shall order it to make corrections within a time limit and give a warning; If no correction is made within the time limit, the annual review will not be passed, the service qualification will be suspended, and an announcement will be made at the same time; If the circumstances are serious, the qualification certificate shall not be extended after its expiration:
(1) The intermediary agency fails to make up the reserve fund on schedule and continues to engage in intermediary services;
(2) fabricating or providing false materials for clients, or instigating, assisting or organizing clients to provide false materials or forging materials related to studying abroad at their own expense;
(3) Failing to perform obligations as agreed in the contract, causing disputes or emergencies among overseas customers, and failing to deal with them in time, resulting in adverse social impact;
(4) branches established across regions have not been registered for the record;
(five) other laws and regulations prohibit or affect the order of education, and infringe upon the legitimate rights and interests of the parties who go abroad at their own expense.
Twenty-second by deception, bribery and other improper means, to obtain the "qualification certificate of intermediary service institutions to study abroad at their own expense", the examination and approval authorities shall revoke it according to law.
Twenty-third unqualified, in the name of study abroad consulting, education consulting, etc., or engaged in intermediary services for studying abroad in disguise, shall be investigated and dealt with by the education administrative department of the people's government at or above the county level in conjunction with relevant departments.
If an intermediary service institution for studying abroad at its own expense continues to engage in intermediary service activities for studying abroad after its qualification certificate is cancelled or revoked, it shall be investigated and dealt with in accordance with the preceding paragraph.
Article 24 If an intermediary service institution studying abroad at its own expense violates the Anti-Unfair Competition Law of People's Republic of China (PRC), publishes false information about studying abroad or makes false promises to mislead or deceive its clients, the administrative department for industry and commerce shall punish it according to law.
Without obtaining the qualification of self-funded study abroad intermediary service, if the intermediary agency publishes self-funded study abroad intermediary advertisement or the self-funded study abroad intermediary service agency violates the relevant provisions of advertising management, the administrative department for industry and commerce shall investigate and deal with it in accordance with the relevant laws and regulations on advertising management.
Twenty-fifth institutions that have been allowed to engage in intermediary services for studying abroad at their own expense before the promulgation of these Measures may continue to engage in intermediary services within the validity period. Application for extension after the expiration of the validity period shall be handled in accordance with these provisions.
According to the relevant regulations of the State Council, overseas institutions and individuals are not allowed to engage in self-funded intermediary service activities in China in any way.
Article 26 These Measures shall come into force as of the date of promulgation.