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Tentative Measures for the Administration of Chinese-foreign Jointly-held Examinations for Educational Purposes
2009/01/04     Source:

Article 1 These Measures are formulated in accordance with the provisions of Article 21 of the Education Law of the People’s Republic of China for the purpose of standardizing and strengthening the administration of Chinese-foreign jointly-held examinations for educational purposes.
Article 2 The “Chinese-foreign jointly-held examinations for educational purposes” as mentioned in these Measures shall refer to examinations for education for non-academic qualifications which are open to the public and jointly held by foreign institutions and Chinese institutions holding examinations for educational purposes within the territory of China.
Article 3 Foreign institutions shall not hold examinations for educational purposes by themselves within the territory of China.
Article 4 Jointly-held examinations for educational purposes shall accord with the requirements of China, and the contents and practices of these examinations shall comply with laws and regulations of China and shall not be profit-oriented.
Article 5 The Ministry of Education of the state shall be in charge of the Chinese-foreign jointly-held examinations for educational purposes, and authorize the examination center of the Ministry of Education to be responsible for the routine work.
Article 6 The following conditions shall be met if an examination for educational purposes is to be jointly held:
1. The Chinese unit jointly holding examinations shall be a provincial institution of examinations for educational purposes;
2. The foreign unit jointly holding examinations shall be an institution which has the qualifications for holding examinations for educational purposes and has the legal person status;
3. Items and regulations for the examination are clearly specified;
4. Both parties to the jointly-held examination shall have their own places, names and organizations; and
5. The necessary conditions for undertaking the examination are met.
Article 7 The institutions that are approved to undertake Chinese-foreign jointly-held examinations for educational purposes shall independently assume civil liabilities.
Article 8 A Chinese provincial institution of examinations for educational purposes is generally restricted to undertake Chinese-foreign jointly-held examinations for educational purposes within its province, autonomous region, or municipality directly under the Central Government. A provincial institution of examinations for educational purposes shall be examined and approved by the education administrative department of its province, autonomous region and municipality directly under the Central Government, and reported to the Ministry of Education for examination and approval.
Article 9 To jointly hold an examination for educational purposes, the Chinese unit jointly holding the examination shall go through declaration procedures. The following documents shall be submitted when a declaration is made:
1. An application and the articles of association for holding an examination;
2. Documents verifying the legal status of the foreign institution;
3. A feasibility report for the examination;
4. A certificate showing the validity of the examination;
5. Explanations of the personnel for the examination affairs and examination facilities;
6. Sources of funds for the examination and responsibilities and obligations assumed by both parties; and
7. The agreement for the jointly-held examination and other relevant documents required by the examination and approval authorities.
Article 10 An institution involved in jointly-held examinations shall decide to offer locations of examinations in the districts where such examinations are to be held in accordance with the actual requirements of examinations, report its plan to the education administrative department of its province, autonomous region and municipality directly under the Central Government for approval and report it to the Ministry of Education for the record.
Article 11 An institution jointly holding examinations for educational purposes may issue certificates of non-academic qualifications to those students who have passed the examinations. The validity of such certificates out of the territory of China shall be determined in accordance with the relevant international treaties and agreements between governments, or confirmed through relevant legal documents provided by the foreign cooperator.
No certificate of foreign institutions shall be issued without the approval of the education administrative department under the State Council.
Article 12 A Chinese institution jointly holding examinations for educational purposes may employ directors of the locations of examinations, examiners and personnel in charge of routine examination affairs, and employ other deputy examiners and personnel supervising examinations in accordance with the arrangement of examination rooms and number of examinees for each examination.
Article 13 With respect to approved jointly-held examination items, examination procedures shall be made and examinations shall be held in accordance with the stipulated procedures.
Article 14 Examination papers and answer sheets of jointly-held examinations are confidential materials, and the delivery, reception, confidentially, and destruction, etc. of relevant materials shall be carried out in strict accordance with the regulations of the relevant departments of the state.
Article 15 Fair competition in examinations shall be ensured and circumstances that are in violation of the examination discipline and cheating on examinations shall be prevented in each location of an examination. Personnel in the locations of examinations shall be conscientious and responsible, strictly observe the discipline and keep secrets; in case there is a leakage of test questions, they shall immediately take effective measures to prevent further spread, and timely report to the education administrative departments of the provinces, autonomous regions or municipalities directly under the Central Government or the Ministry of Education in accordance with their jurisdiction for management.
Article 16 Each location of an examination shall not hold training classes relevant to the examination.
Article 17 Each location of an examination may charge examination fee (excluding projects receiving financial assistance and offering free examinations) in accordance with the provisions of regulations, and shall not charge any other fee in whatever name.
Article 18 An institution involved in jointly-held examinations shall have the responsibilities for directing, supervising and administrating its locations of examinations. Specific issues relevant to the supervision and administration of examination affairs shall be handled with reference to the relevant articles of regulations on the administration of examination affairs of the same type in China. In case of any of the following circumstances in a location of an examination, it shall be subject to punishments such as circulating a notice of criticism, giving a warning, requirement for rectification within a prescribed time limit, suspension of the examination, or cancellation of the location of an examination based on the actual circumstance.
1. Leakage of test questions or allowing its further spread after such leakage;
2. Seriously violating procedures for the examination;
3. Conniving or shielding cheating of examinees;
4. Illegally collecting fees in the name of the examination; or
5. Other acts of breach of discipline.
The cancellation of a location of an examination shall be reported to the education administrative department of the province, autonomous region and municipality directly under the Central Government for approval and reported to the Ministry of Education for the record. The illegal gains of the location of an examination shall be handled in accordance with the relevant regulations of the state.
Article 19 An institution involved in jointly-held examinations shall submit its annual work report to the Ministry of Education and the education administrative department of the province, autonomous region and municipality directly under the Central Government and receive their guidance and supervision.
Article 20 In case of any of the following circumstances, an institution involved in jointly-held examinations may apply to the Ministry of Education for a suspension of examinations after the examination and approval of the education administrative department of its province, autonomous region and municipality directly under the Central Government.
1. Failure to fulfill the expected goals;
2. Shortage of examinees and lack of funds to maintain routine work; or
3. Failure of one party to assume promised responsibilities and obligations.
Article 21 In case of any of the following circumstances of an institution involved in jointly-held examinations, the Ministry of Education and the education administrative department of the province, autonomous region and municipality directly under the Central Government may circulate a notice of criticism, give a warning, order it to rectify within a prescribed time limit, suspend the examination or cancel its qualification for jointly holding examinations for educational purposes based on the actual circumstance.
1. Jointly holding examinations for educational purposes or setting up locations of examinations in China without approval or without going through record-filling procedures;
2. Applying for holding examinations by fraud and deception;
3. Making illegal profits in the name of jointly holding examinations for educational purposes;
4. Seriously violating examination procedures during the examination; or
5. Other circumstances in violation of the provisions of laws and regulations in China.
Article 22 If a party concerned is unsatisfied with the administrative punishment by the relevant departments as mentioned in these Measures, it may apply for administrative reconsideration or administrative lawsuit pursuant to law.
Article 23 These Measures shall come into force as of the date on which they are promulgated.

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