Article 1 In order to regulate the intermediary service activities of studying abroad at Tianjin's own expense and protect the legitimate rights and interests of the parties and intermediary service agencies who study abroad at their own expense, these Measures are formulated in accordance with the relevant administrative regulations and decisions of the State Council and the Ministry of Education, and combined with the specific conditions of Tianjin.
Article 2 These Measures shall apply to self-funded intermediary service institutions for studying abroad within the administrative area of Tianjin (hereinafter referred to as intermediary service institutions) and their related intermediary service activities.
Article 3 The intermediary service of studying abroad at one's own expense belongs to the franchise service industry, and the administrative licensing system is implemented. Institutions engaged in intermediary services for studying abroad at their own expense shall be qualified by the administrative department of education of this Municipality, and shall go through the registration formalities in the administrative department of industry and commerce of this Municipality.
Overseas institutions, foreign institutions in China, Chinese-foreign joint ventures and Chinese-foreign cooperatively-run schools shall not engage in intermediary services for studying abroad at their own expense within the administrative area of this Municipality.
Article 4 Intermediary service institutions shall carry out intermediary services for the purpose of cultivating talents, abide by the relevant laws and regulations of the state and Tianjin, implement the policy of studying abroad at their own expense, be honest and trustworthy, and charge reasonable fees.
Article 5 The municipal education administrative department shall be responsible for the qualification identification, supervision and inspection and daily supervision of intermediary service institutions within its administrative area. The municipal administrative department for industry and commerce is responsible for the supervision and management of the registration and licensing of intermediary service institutions, unlicensed operation and other illegal acts. The public security organs of this Municipality shall be responsible for the supervision and administration of the entry and exit order of intermediary services.
Article 6 The intermediary service activities of studying abroad at one's own expense refer to providing clients with information services, consulting services, training services, legal services, application for admission and passport and visa services. Intermediary service institutions applying for the above-mentioned study abroad services must be examined and approved in accordance with the provisions of these Measures.
Article 7 To apply for the qualification of intermediary service for studying abroad at one's own expense, one shall meet the following conditions:
(1) The legal representative of an educational institution or educational service institution with legal person status shall be a China citizen who has settled in China and does not have the status of permanent resident abroad;
(2) The registered capital is not less than 6,543,800 yuan+500,000 yuan;
(3) There shall be no less than 5 staff engaged in intermediary services for studying abroad at their own expense. The main staff should have a bachelor's degree or above, and be familiar with the education situation and study abroad policies of China and related countries. The personnel composition should include personnel with professional qualifications such as foreign languages, law, accounting and secretarial work;
(4) The office space of the intermediary service business for studying abroad shall not be less than 100 square meter;
(5) Having a sound internal management system and emergency handling system;
(6) It has established a stable cooperative and exchange relationship with foreign institutions of higher learning or other institutions of higher education, and signed an effective letter of intent or agreement for studying abroad at its own expense.
Article 8 An institution applying for the qualification of intermediary service for studying abroad at its own expense shall apply to the education administrative department of this Municipality and submit the following materials:
(a) the "application form for the qualification of self-funded study abroad intermediary service institutions in Tianjin";
(2) Certificate of legal person qualification;
(3) Resumes of the legal representative and major staff members and relevant certificates such as corresponding qualification certificates;
(4) A legally binding letter of intent or agreement (in Chinese and foreign languages) for self-funded study abroad cooperation signed directly with foreign universities or other educational institutions, and the qualification certificate of the foreign signatory certified by our embassy (consulate) abroad;
(5) Asset certificate, capital verification report or audit report issued by an accounting firm;
(6) Articles of association;
(seven) the work plan, business scope, charging standard, training plan, teacher status and feasibility report of intermediary service business (which should include the analysis of the education status and study abroad policy of relevant countries);
(eight) office space (site lease contract, real estate license) and proof of office facilities.
Article 9 Where an intermediary service institution engages in intermediary services across regions, it shall apply to the education administrative department of this Municipality for the qualification of engaging in intermediary services within the administrative area of this Municipality in accordance with these Measures. When applying for qualification, the following materials shall be submitted:
(a) the "application form for the qualification of self-funded study abroad intermediary service institutions in Tianjin";
(two) the qualification certificate issued by the education administrative department of the province (autonomous region or municipality) where the headquarters company conducts intermediary services;
(3) A certificate issued by the administrative department of education of the province (autonomous region or municipality) providing intermediary services that the headquarters company has no irregularities;
(4) Resumes of key staff members and relevant certificates such as corresponding qualification certificates;
(5) Articles of association of the branch;
(6) Work plan, business scope, charging standard, training plan, description of teachers' status and feasibility report (which should include analysis of education status and study abroad policies of relevant countries) of the intermediary service business to be carried out by the branch;
(seven) the office space (site lease contract, real estate license) and office facilities certificate of the branch.
Article 10 An intermediary service institution shall implement a reserve fund system, and the amount of the reserve fund shall not be less than 1 10,000 yuan, which shall be used for compensation when the legitimate rights and interests of customers are damaged.
The reserve fund and its interest are owned by the intermediary service institutions, and the municipal education administrative department shall implement supervision in accordance with the agreement on the supervision of the reserve fund.
When an intermediary service institution is unable to make compensation according to the ruling of the arbitration institution and the judgment of the people's court, or is unable to pay administrative fines and penalties, it may apply to the education administrative department of this Municipality in writing for the use of the reserve fund (with a copy of the ruling of the arbitration institution, the notice of punishment and the judgment of the people's court attached).
After the use of the reserve fund is approved, the reserve fund should be replenished within 2 months, and all intermediary service activities should be suspended before the reserve fund is replenished.
If an intermediary service institution fails to file a complaint or lawsuit against it within 90 days after it is disqualified from intermediary service or voluntarily terminates its intermediary service business, it can receive its reserve fund and interest.
Article 11 The education administrative department of this Municipality shall centrally accept the application for accreditation of intermediary services for studying abroad at its own expense in June 5438+ 10 every year. After completing the examination of the accepted materials, the education administrative department of this Municipality shall make a decision of approval or disapproval. If it is approved, the education administrative department of this Municipality shall report it to the education administrative department of the State Council for the record, and at the same time issue the Notice of Qualification Confirmation of Tianjin Self-funded Study Abroad Intermediary Service Agency. If it is not approved, it shall notify the applicant in writing.
Article 12 An institution applying for the qualification of intermediary service for studying abroad at its own expense shall, within 30 days from the date of receiving the Notice of Qualification Confirmation of Intermediary Service Agency for Studying abroad at its own expense in Tianjin, sign the Agreement on Entrusted Supervision Reserve Fund with the education administrative department of this Municipality, and deposit the reserve fund in the designated bank. With the proof of the deposit of the reserve fund, I will go to the education administrative department of this Municipality to receive the Qualification Certificate of Tianjin Self-funded Study Abroad Agency.
Article 13 An applicant institution or its branch shall apply to the administrative department for industry and commerce of this Municipality for registration according to law with the Qualification Certificate of Tianjin Self-funded Study Abroad Agency. After the applicant has obtained the business license of enterprise legal person or the branch has obtained the business license of non-enterprise legal person, it can carry out the intermediary service of studying abroad at its own expense within the administrative area of this Municipality.
Article 14 An intermediary service institution shall, in accordance with the Contract Law of People's Republic of China (PRC), sign an Entrustment Contract for Self-funded Study Abroad Intermediary Service with the client, specifying the rights, obligations, responsibilities, service items and service fees of both parties.
The Entrustment Contract of Intermediary Service for Studying Abroad at One's own expense is formulated by the education administrative department of the State Council and the State Administration for Industry and Commerce.
Fifteenth intermediary service institutions can provide the following services for those who have completed compulsory education and applied for studying abroad at their own expense:
(a) to provide information consultation on the education situation in countries and regions and the enrollment information of institutions of higher learning or other institutions of higher education;
(2) Providing consultation on international and regional laws, regulations and policies;
(3) Applying to study in foreign institutions of higher learning or other institutions of higher education;
(four) to guide and assist in handling visas, notarization and other materials needed for leaving the country;
(five) to organize training for studying, living and studying abroad;
(six) to provide services such as studying and living abroad, returning home after graduation, and consulting work.
Sixteenth intermediary service institutions shall not charge tuition fees or organize relevant teaching activities for clients instead of overseas educational institutions.
Intermediary service institutions shall not entrust other institutions or individuals to carry out intermediary services for studying abroad at their own expense by contracting or subcontracting.
Intermediary service institutions shall not carry out self-funded overseas study consultation, lectures, symposiums, briefings and other forms of self-funded overseas study enrollment promotion activities in the basic education stage.
Seventeenth intermediary service institutions shall hang the "Tianjin Self-funded Study Abroad Intermediary Service Qualification Certificate" and "Business License of Enterprise as a Legal Person" and other relevant documents in a prominent position in their main business premises.
Eighteenth "Tianjin study abroad at their own expense intermediary service qualification certificate" is valid for 5 years. Those who continue to engage in intermediary services for studying abroad at their own expense shall apply to the education administrative department that originally issued the qualification certificate for extension within 60 days before the expiration of the validity period; Those who fail to apply within the time limit or whose application is not approved shall not engage in self-funded study abroad intermediary services after the expiration of the validity period.
Nineteenth intermediary service institutions applying for extension shall submit the following materials to the municipal education administrative department:
(1) An application for extension of the qualification of the intermediary service institution for studying abroad at Tianjin's own expense;
(two) the original "Tianjin study abroad agency qualification certificate" and a copy of the business license;
(3) Resumes and relevant certificates of the legal representative and main staff;
(4) A legally binding letter of intent or agreement (in Chinese and foreign languages) on cooperation in studying abroad at one's own expense signed directly with foreign institutions of higher learning or other educational institutions;
(5) Asset certificate, capital verification report or audit report issued by an accounting firm;
(6) Articles of association;
(seven) proof of office space (site lease contract, real estate license) and proof of office facilities;
(8) Operation report within the validity period.
Article 20 Where an intermediary service institution changes its name, domicile, legal representative, capital contribution and other major matters, it shall apply to the education administrative department of this Municipality for qualification change, and go through the registration of change with the administrative department for industry and commerce with a new qualification certificate.
Article 21 An intermediary service institution shall, 60 days before bankruptcy, dissolution or closure, submit a written application to the administrative department of education of this Municipality for terminating the intermediary service (including the measures, time limit and list of left-behind personnel), and return the Qualification Certificate of Tianjin Study Abroad Intermediary Service Institution at its own expense.
After being approved by the education administrative department of this Municipality, the qualification certificate shall be cancelled. An intermediary service institution shall apply for cancellation to the original registered administrative department for industry and commerce within 15 days after receiving the approval notice.
The intermediary service institutions declared bankrupt by the people's court shall have the Qualification Certificate of Tianjin Self-funded Study Abroad Intermediary Service Institutions invalid from the date when the legal documents declaring bankruptcy come into effect, and the qualification certificate shall be revoked by the education administrative department of this Municipality.
Twenty-second education administrative departments, industrial and commercial administrative departments and public security organs of this Municipality shall supervise and inspect intermediary service institutions in this Municipality according to law. Intermediary service institutions shall implement the annual examination system, and shall submit the annual business report, this year's work plan and other related materials to the education administrative department of this Municipality before the end of March each year.
Twenty-third municipal education administrative department in conjunction with the administrative department for Industry and commerce, public security organs should be announced at the end of each year through the qualification and annual inspection of intermediary service agencies list.