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Chapter III Establishment of Higher Education Institutions
2005-01-27

Article 24 Higher education institutions shall be established in accordance with State plans for the development of higher education and in keeping with the interests of the State and the public; they may not be established for purposes of making profits.

Article 25 The basic conditions as provided for in the Education Law shall be fulfilled for establishment of a higher education institution.

Universities and independent colleges shall, in addition, have a stronger staff for teaching and research, a higher level of teaching and research, as well as a necessary size of the student body, in order that they can offer regular course education and education at a higher level. Moreover, universities shall offer at least three branches of learning designated by the State as the main courses. The specific requirements for establishment of higher education institutions shall be formulated by the State Council

The specific requirements for establishment of other higher education organizations shall be drawn up by the relevant departments authorized by the State Council or by the people¡¯s governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principles laid down by the State Council.

Article 26 The name to be adopted by a higher education institution established shall be commensurate with its administrative level, the category it belongs to, the subjects it offers, the size of its student body and its level of teaching and research.

Article 27 For establishment of a higher education institution, the following materials shall be submitted to the approving authority:

(1) an application;

(2) feasibility study materials;

(3) regulations; and

(4) other materials required by the approving authority in accordance with the provisions of this Law.

Article 28 The regulations of a higher education institution shall include the following :

(1) name and address of the institution;

(2) aims of the institution;

(3) size of the student body;

(4) branches of learning and subjects offered;

(5) forms of education;

(6) internal administration system;

(7) sources of funds, property, and fiscal system;

(8) the rights and obligations of sponsors and the institution;

(9) procedure for amendment of the regulations; and

(10) other items that must be included in the regulations.

Article 29 The establishment of higher education institutions shall be subject to examination and approval by the administrative department for education under the State Council, the ones for special course education may be subject to examination and approval by the people¡¯s governments of provinces, autonomous regions and municipalities directly under the Central Government that are authorized by the State Council. The establishment of other higher education organizations shall be subject to examination and approval by the relevant departments authorized by the State Council or by the people¡¯s governments of provinces, autonomous regions and municipalities directly under the Central Government. The administrative department for education under the State Council shall have the right to abolish the higher education institutions and other higher education organizations the establishment of which is not examined and approved in accordance with the requirements laid down.

For examination and approval of the establishment of higher education institutions, specialists shall be invited to form a panel for appraisal.

The division, amalgamation, termination, and alteration of the names, categories or other important matters of higher education institutions and other higher education organizations shall be subject to examination and approval by the original authority that examined and approved their establishment; amendment of regulations shall be subject to verification by the said authority.

National People's Congress


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