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| Opinions of the General Office of the State Council on Regulating the Development of After-School Tutoring Institutions | | 国务院办公厅关于规范校外培训机构发展的意见 |
| (No. 80 [2018] of the General Office of the State Council) | | （国办发〔2018〕80号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| Non-qualification education tutoring provided by after-school tutoring institutions for primary and secondary school students (hereinafter referred to as the "after-school tutoring institutions") are a supplement to school education and play a positive role in meeting the selective learning needs of primary and secondary school students, cultivating and developing interests and strengths, and expanding comprehensive qualities. However, over recent years, some after-school tutoring institutions have, in violation of the law of education and the law of the growth and development of youths, provided tutoring oriented to “exams,” which has brought extracurricular burden to primary and secondary school students, increased the economic stress on families, undermined a good educational ecology, and attracted intensive publicity. For the purpose of effectively reducing the excess extracurricular burden on primary and secondary school students and promoting the well-regulated and orderly development of after-school tutoring institutions, the following opinions are hereby offered with the approval of the State Council. | | 面向中小学生的校外培训机构（以下简称校外培训机构）开展非学历教育培训是学校教育的补充，对于满足中小学生选择性学习需求、培育发展兴趣特长、拓展综合素质具有积极作用。但近年来，一些校外培训机构违背教育规律和青少年成长发展规律，开展以“应试”为导向的培训，造成中小学生课外负担过重，增加了家庭经济负担，破坏了良好的教育生态，社会反映强烈。为切实减轻中小学生过重课外负担，促进校外培训机构规范有序发展，经国务院同意，现提出如下意见。 |
| I. General requirements | | 一、总体要求 |
| 1. Guiding ideology. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be taken as the guidance, the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee shall be thoroughly implemented, the party's educational policy shall be comprehensively executed, the development of virtues and cultivation of people shall be adhered to, quality education shall be developed, it shall be taken as the basis to promote the sound physical and mental development of primary and secondary school students, it shall be regarded as the focus to establish and improve a regulatory mechanism of after-school tutoring institutions, and efforts shall be made to develop a long-term mechanism for the well-regulated and orderly development of after-school tutoring institutions, so as to practically resolve the problem of excess extracurricular burden on primary and secondary school students which has attracted intensive publicity and form a good pattern of collaboration between school education and after-school education. | | （一）指导思想。以习近平新时代中国特色社会主义思想为指导，深入贯彻落实党的十九大和十九届二中、三中全会精神，全面贯彻党的教育方针，坚持立德树人，发展素质教育，以促进中小学生身心健康发展为落脚点，以建立健全校外培训机构监管机制为着力点，努力构建校外培训机构规范有序发展的长效机制，切实解决人民群众反映强烈的中小学生课外负担过重问题，形成校内外协同育人的良好局面。 |
| 2. Basic principles. | | （二）基本原则。 |
| Lawful regulation: The approval and registration of after-school tutoring institutions, special governance, and the strengthening of routine regulation shall be conducted in accordance with the laws and regulations, so as to practically regulate the after-school tutoring order. After-school tutoring institutions shall conduct tutoring business and related activities in accordance with the laws and regulations and consciously safeguard the lawful rights and interests of primary and secondary school students and their parents. | | 依法规范。依法依规对校外培训机构进行审批登记、开展专项治理、强化日常监管，切实规范校外培训秩序。校外培训机构依法依规开展培训业务和相关活动，自觉维护中小学生及家长合法权益。 |
| Classification administration: The development of tutoring classes aimed at cultivating primary and secondary school students' interests, innovative spirits, and practical capabilities shall be encouraged, the focus shall be on regulating knowledge-oriented tutoring in Chinese, mathematics, English, physics, chemistry, biology and other subjects, and exam-oriented, excess, and advance tutoring classes and admission and entrance-linked conduct shall be resolutely banned. | | 分类管理。鼓励发展以培养中小学生兴趣爱好、创新精神和实践能力为目标的培训，重点规范语文、数学、英语及物理、化学、生物等学科知识培训，坚决禁止应试、超标、超前培训及与招生入学挂钩的行为。 |
| Comprehensively implementing policies: School, social and family education shall be coordinated, and while the tutoring conduct of after-school tutoring institutions is regulated, the education and teaching of primary and secondary schools shall be improved, so as to enhance the quality of school education and after-school service capabilities, strengthen the primary educational status of schools, vigorously promote parents in changing their educational concepts, gain both temporary and permanent solutions, and strive for actual effects. | | 综合施策。统筹学校、社会和家庭教育，既规范校外培训机构培训行为，又同步改进中小学教育教学，提高学校教育质量和课后服务能力，强化学校育人主体地位，积极推动家长转变教育观念，做到标本兼治、务求实效。 |
| Collaborative governance: The coordination between provinces and prefecture cities (cities) shall be enhanced, and the county-based administrative responsibilities shall be implemented. A work coordination mechanism shall be established and improved, relevant authorities shall perform their respective duties and cooperate based on division of labor, approval, registration, supervision, and administration shall be conducted in a coordinated manner, and comprehensive governance forces shall be joined, so as to ensure active and due advancement. | | 协同治理。强化省地（市）统筹，落实以县为主管理责任。建立健全工作协调机制，有关部门各司其职、分工协作，统筹做好审批登记和监督管理，形成综合治理合力，确保积极稳妥推进。 |
| II. Clearly setting standards | | 二、明确设置标准 |
| 3. Determining and setting standards. Provincial education authorities shall, in conjunction with relevant authorities, based on the actual circumstances, study the development of specific standards for establishment of after-school tutoring institutions; or if all the prefecture cities in the same province differ significantly, may authorize education authorities at the prefecture level, in conjunction with relevant local authorities, to develop such standards, which shall be filed with provincial education authorities and relevant authorities. | | （三）确定设置标准。省级教育部门要会同有关部门，结合本地实际，研究制订校外培训机构设置的具体标准；省域内各地市差距大的，可授权地市级教育部门会同当地有关部门制订，并向省级教育部门及有关部门备案。 |
4. Following basic requirements. The standards in each region must meet the following basic requirements. In terms of venue conditions, an after-school tutoring institution must have a fixed venue that meet safety conditions, and the average area per student within the same tutoring period shall not be less than three square meters, so as to ensure non-jams and easy evacuation; and the requirements of administrative provisions issued by the state for fire protection, environmental protection, health, and food operation, among others, must be met. The risk of safety accidents shall be prevented and resolved by taking out personal safety insurance for tutees and other necessary means. In terms of faculty, an after-school tutoring institution must have a relatively stable faculty and may not employ in-service primary and secondary school teachers. A person employed to engage in tutoring must abide by the constitution | | （四）遵循基本要求。各地标准必须达到以下基本要求。场所条件方面，校外培训机构必须有符合安全条件的固定场所，同一培训时段内生均面积不低于3平方米，确保不拥挤、易疏散；必须符合国家关于消防、环保、卫生、食品经营等管理规定要求。通过为参训对象购买人身安全保险等必要方式，防范和化解安全事故风险。师资条件方面，校外培训机构必须有相对稳定的师资队伍，不得聘用中小学在职教师。所聘从事培训工作的人员必须遵守宪法和法律，热爱教育事业，具有良好的思想品德和相应的培训能力；从事语文、数学、英语及物理、化学、生物等学科知识培训的教师应具有相应的教师资格。培训机构应当与所聘人员依法签订聘用合同、劳动合同或劳务协议。聘用外籍人员须符合国家有关规定。管理条件方面，校外培训机构必须坚持和加强党的领导，做到党的建设同步谋划、党的组织同步设置、党的工作同步开展，确保正确的办学方向。必须有规范的章程和相应的管理制度，明确培训宗旨、业务范围、议事决策机制、资金管理、保障条件和服务承诺等。 |
| III. Granting approval and registration according to the law | | 三、依法审批登记 |
5. Ensuring completeness of business license and permits. An after-school tutoring institution may provide tutoring services only after obtaining a school permit upon approval, being registered, and obtaining a business license (or a corporate certificate for public institution, or a non-enterprise private entity registration certificate, similarly hereinafter). If an after-school tutoring institution with a school permit and a business license does not meet the set standards, it shall take corrective action as required by the standards, and if the corrective action is ineffective, it shall have its school permit suspended according to the law, cease tutoring activities, and have its registration modified or canceled as legally required.
．．．．．． | | （五）确保证照齐全。校外培训机构必须经审批取得办学许可证后，登记取得营业执照（或事业单位法人证书、民办非企业单位登记证书，下同），才能开展培训。已取得办学许可证和营业执照的，如不符合设置标准，应当按标准要求整改，整改不到位的要依法吊销办学许可证，终止培训活动，并依法办理变更或注销登记。
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