Translation: Interim Measures for Managing Acceptance of Foreign Students in Primary and Secondary Schools

(Source: Ministry of Education. English translation is unofficial)

中小学接受外国学生管理暂行办法(1999年7月21日教育部令第4号发布) Interim Measures for Managing Acceptance of Foreign Students in Primary and Secondary Schools(Order No. 4 of the Ministry of Education, July 21, 1999)
第一条 为适应我国改革开放事业发展的需要,方便外国学生来我国中小学就读,促进我国中小学的国际交流,特制定本办法。 Article 1 These measures are formulated with a view to meeting the needs of reform and opening to the outside world, making it convenient for foreign students to study in primary and secondary schools in China, and promoting the international exchange of primary and secondary schools in this Country, these Measures are hereby formulated.
第二条 中小学获得接受外国学生的资格后可接受适龄外国学生入校学习。 Article 2 After obtaining the qualification to accept foreign students, a primary or secondary school may accept foreign students at appropriate age for study.
第三条 中小学接受外国学生的资格由省、自治区、直辖市教育行政部门会同同级外事、公安部门审批,并报教育部备案。 Article 3 The qualification of a primary or secondary school to accept foreign students shall be granted by the education administration department of the relevant province, autonomous region or municipality directly under the Central Government in conjunction with the foreign affairs department and the public security department at the same level, and then be reported to the Ministry of Education for filing.
第四条 申请接受外国学生资格的中小学应具有较好的教学条件及较高的教学水平和管理水平。 Article 4 The primary and secondary schools which apply for the qualification to accept foreign students shall possess relatively good teaching conditions and relatively high teaching quality and management skills.
第五条 具有接受外国学生资格的中小学一般应接受随父母在华常住的外国学生;如接受父母不在华常住的外国学生,须由外国学生的父母正式委托在华常住的外国人或中国人作为外国学生的监护人。如在中国境外办理委托手续,该委托书一般应经外国学生国籍国公证和认证,并经中国驻该国使、领馆认证;如在中国境内办理委托手续,该委托书可经中国有关公证处公证,也可经外国学生国籍国驻华使、领馆公证。 Article 5 Primary and secondary schools which possess the qualification to accept foreign students normally should accept foreign students who habitually reside in China with their parents. In case a school accepts any foreign student whose parents don’t permanently reside in China, the said school shall require the parents of such foreign student to formally authorize foreigners with permanent residence in China or Chinese citizens to act as the guardian of such foreign student. In case the authorization formalities are gone through outside China, the letter of authorization shall generally be notarized and verified in the country which such foreign student belongs to, and shall be certified by Chinese embassy or consulate in such country; in case the authorization formalities are gone through inside China, the letter of authorization may either be notarized by the relevant Chinese notarization institution, or notarized by the embassy or consulate of the country which such foreign student belongs to in China.
第六条 具有接受外国学生资格的中小学可以接受以团组形式短期(六个月以内)来华学习的外国学生,但须预先与外方派遣单位签订协议,并要求外方派遣单位按该国法律规定预先办理有关组织未成年人出入境所需的法律手续。这类外国学生应有组织地集体来华、离华,外方派遣单位应派代表随学生来华并担任其在华期间的监护人。 Article 6 A primary or secondary school which possesses the qualification to accept foreign students may accept the foreign students who come to China in group for short-term (less than six months) study, provided that such school shall conclude an agreement with the foreign organization which dispatches such foreign students in advance and require such foreign organization to, in accordance with the laws of its country, go through all legal formalities necessary for entry and exit of minors in advance.The above-mentioned foreign students shall come to and leave China in a well-organized manner and the foreign organization which dispatches such foreign students shall appoint representatives which shall come to China together with such students and act as the guardian of such students during their stay in China.

第七条 来华在中小学学习六个月以上的外国学生应凭“外国留学人员来华签证申请表”(JW202表)和学校录取通知书,向我驻外使、领馆申请“X”字签证,并自入境之日起三十天内向当地公安出入境管理部门申请外国人居留证。入学前已持短期签证入境或已在华并持有居留证件的外国学生,应凭“外国留学人员来华签证申请表”(JW202表)和学校录取通知书,到当地公安出入境管理部门办理签证和居留证项目的变更手续。

以团组形式短期(六个月以下)来华学习的外国学生,凭被授权单位的邀请函电向我驻外使、领馆申请“F”字团体签证。

Article 7 Each foreign student who comes to China for study in a primary or secondary school for no less than six months shall apply with Chinese embassy or consulate for the visa marked with letter “X” by presenting the Chinese Visa Application Form for Foreign Students (Form JW202) and the Admission Notice issued by such school, and shall apply with the entry and exit administration department under local public security organ for the Residence Permit for Foreigners within thirty days after the date on which he/she enters into China.The foreign students who, before being enrolled in schools, have entered into China with a short-term visa or have been in China and obtained the residence permit for foreigners shall, by presenting the Chinese Visa Application Form for Foreign Students (Form JW202) and the Admission Notice issued by schools, go through the formalities for modification to visa and residence permit with the entry and exit administration department under the local public security organ.

The foreign students who come to China in groups for short-term (less than six months) study shall, by presenting the invitation letter issued by the authorized organizations, apply with Chinese embassies and consulates for group visa marked with letter “F”.

第八条 外国学生一般应与其父母或监护人一起居住;有条件的学校经批准后可向外国学生提供校内宿舍。 Article 8 Generally, foreign students shall live with their parents or guardians; the schools which have the relevant conditions may, after being approved, provide foreign students with in-school dormitories.
第九条 中小学对外国学生的有关收费项目和标准,由省、自治区、直辖市教育行政部门会同物价管理部门制定。 Article 9 The items of and standards for fees to be charged by primary and secondary schools on foreign students shall be determined by the education administration departments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the price administration departments.
第十条 中小学应按学籍管理规定管理外国学生,教育他们遵守中国的法律和学校的校规、校纪。除安排必要的汉语补习外,一般不为外国学生单独编班。学校可按课程方案的要求组织其参加公益劳动等社会实践活动。外国学生免修思想品德课和思想政治课。外国学生完成各科学业,考试合格,由接受学校发给毕业证书;未按计划完成全部学业者,学校可发给写实性学习证明。 Article 10 Primary and secondary schools shall manage foreign students in accordance with the provisions relating to management on student status; instruct them to abide by the laws of China as well as the rules and disciplines of schools. Generally, no separate class shall be set up for foreign students, except for necessary remediation for Chinese language. Primary and secondary schools may, in accordance with the teaching plan, make arrangement for foreign students to participate in public welfare labor and other social practices. The foreign students are exempted from attending ideology & morality class and ideological politics class.For those foreign students which finish all courses and successfully pass the examination, the schools shall issue the graduation certificates; for those which fail to finish all courses as planned, the schools may issue the descriptive study certificates.
第十一条 省、自治区、直辖市教育行政部门归口负责本地区中小学接受外国学生的工作,并对学校接受外国学生的资格逐年进行审核;对违反规定招生或管理工作中存在严重问题的学校,应视情况中止或取消其接受外国学生的资格,并将处理结果及时报教育部。 Article 11 The education administration department of each province, autonomous region or municipality directly under the Central Government shall take charge of the administration on acceptance of foreign students by primary and secondary schools within its administrative area, and shall carry out annual review on the qualifications of such schools to accept foreign students; in case any school enrolls foreign students in violation of the provisions hereunder or has serious defect in management on foreign students, the education administration department shall suspend or cancel the qualification of such school to accept foreign students on the basis of the actual situation, and then duly report the results to the Ministry of Education.
第十二条 省、自治区、直辖市教育行政部门可根据本办法制定本地区中小学招收外国学生资格的审批办法,并报教育部备案。 Article 12 The education administration department of each province, autonomous region or municipality directly under the Central Government may formulate the measures for examining and approving qualification of primary and secondary schools within its administrative area to accept foreign students on the basis of these Measures, and file such measures with the Ministry of Education.

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