Cooperative institutions and cooperative programmes: what China's cooperation regulations distinguish

China's Regulations on Chinese-Foreign Cooperation in Running Schools use the word "institution" (中外合作办学机构) for a body that is set up and approved, and they use "cooperative programme" (合作办学项目) for a different thing, which Article 61 covers. The Regulations set conditions for a cooperative institution, including legal person status, the approving authority for each level, its governing body, its teaching rules and the certificates it may issue.

This page is a reference summary, not an official document. It is not published by the Ministry of Education or any university, and it does not show that any university enrols international students. For how this directory organises its lists, see this directory's section page. The English below is this site's translation of the Chinese text. Where the English and the Chinese differ, the Chinese text governs.

The document discussed is the Regulations of the People's Republic of China on Chinese-Foreign Cooperation in Running Schools (中华人民共和国中外合作办学条例), issued by the State Council and carried on the Ministry of Education's site. Article 64 sets the effective date as 1 September 2003. Article numbers below follow that text.

Scope and principles

Article 2 applies the Regulations to a foreign educational institution and a Chinese educational institution that run, inside China, a cooperative institution whose main target students are Chinese citizens.

Article 3 describes cooperative school-running as a public-interest undertaking and part of China's education. Article 3 also states that the state encourages cooperation that brings in quality foreign educational resources, and that it encourages cooperation in higher education and vocational education.

Article 5 requires cooperative institutions to obey Chinese law, carry out China's educational policy, and not harm China's sovereignty, security or public interest.

Article 6 allows cooperating parties to run institutions at all levels and of all types. It does not allow them to run institutions that provide compulsory education, or education of a special nature such as military, police or political education.

Article 7 bars foreign religious organisations, religious bodies, religious schools and religious clergy from cooperating in China. It also bars cooperative institutions from giving religious education or carrying on religious activities.

Establishment and approval

Article 9 requires an educational institution applying to set up a cooperative institution to have legal person status.

Article 12 sets the approving authority by level and type. The table below follows its three paragraphs.

Type of education (as worded in Article 12)	Approving authority
Academic higher education at undergraduate level and above	The State Council education administration
Junior college education and non-academic higher education	The people's government of the province, autonomous region or municipality where the institution would be set up
Secondary academic education, self-study tutoring, cultural remedial and preschool education	The education administration of the province, autonomous region or municipality where the institution would be set up
Vocational skills training	The labour administration of the province, autonomous region or municipality where the institution would be set up

Article 13 divides establishment into two steps, preparatory establishment and formal establishment. It allows an institution that has the conditions and meets the standards to apply directly for formal establishment.

Article 14 lists the documents for a preparatory application. They are an application report, a cooperation agreement that covers the cooperation period and dispute resolution, proof of asset sources and capital with title, a donation agreement where school property is donated, and proof that start-up funds of not less than 15% of the cooperators' capital investment are in place.

Article 15 requires the approving authority to decide within 45 working days of accepting the application.

Article 16 requires an institution approved for preparatory establishment to apply for formal establishment within three years of approval. After three years, the cooperators must apply again. Article 16 also says that an institution may not enrol students during the preparatory period.

Article 17 lists the documents for a formal application. Article 17 also lists which items apply when an institution applies for formal establishment without a preparatory stage.

Article 18 sets the decision period for a formal application. It is three months for non-academic education and six months for academic education. An approved institution receives a Chinese-Foreign Cooperation in Running Schools licence (中外合作办学许可证) in a uniform format with a uniform number. The State Council education administration sets the format and numbers the licences.

Article 19 requires the approving authority, for an academic education application, to set up an expert committee to review the application and give advice.

Article 20 requires an institution that has the licence to register under the relevant laws and administrative regulations.

Article 10 allows cooperators to invest funds, property, land use rights, intellectual property and other assets. Each cooperator's intellectual property investment may not be more than one third of its own investment. Article 10 makes an exception for foreign educational institutions invited to China by the relevant administrations.

Legal standing and governance

Article 4 says that the lawful rights of cooperators and cooperative institutions are protected by Chinese law. Article 4 also says that a cooperative institution enjoys the preferential policies set by the state and carries out teaching activities independently according to law.

Article 11 requires a cooperative institution to meet the basic conditions set by the education laws and administrative regulations, and to have legal person status. It provides one exception. A cooperative higher education institution set up by a foreign educational institution and a Chinese higher education institution that implements academic education may be without legal person status.

Article 37 says that a cooperative institution holds the property of its legal person for the duration of its existence, and that no organisation or individual may take it.

Article 21 requires a legal person cooperative institution to set up a board of directors or a council. A cooperative institution without legal person status must set up a joint management committee. The Chinese members of the body must be not less than one half. The body must have 5 or more members. If one cooperator's side holds the chair, the other side holds the vice-chair. For a legal person institution, the legal representative is chosen by the cooperators among the chair, the board chair or the president.

Article 22 says that one third or more of the members must have 5 years or more of education or teaching experience. The membership list must be filed with the approving authority.

Article 24 requires the body to meet at least once a year. Major matters listed in Article 24 require the agreement of two thirds or more of the members. The list includes appointing or dismissing the president, amending the articles, adopting the development plan, and deciding on division, merger or termination.

Article 25 sets conditions for the president or chief executive. The person must have Chinese nationality, live in China, love the motherland, have good conduct, have education and teaching experience, and have the professional level to match.

Teaching

Article 30 requires a cooperative institution to offer courses on the constitution, law, civic morality and national conditions, in the same way that China requires of comparable Chinese institutions. Article 30 also says that the courses and imported textbooks must be filed with the approving authority for the record.

Article 31 allows a cooperative institution to use foreign languages for teaching as needed. It says the basic teaching languages should be Putonghua and standard Chinese characters.

Article 27 sets conditions for foreign teachers and foreign managers. They must hold a bachelor's degree or above and the relevant professional certificate, and have 2 years or more of education or teaching experience. Article 27 also says that the foreign cooperator shall send a number of its own teachers to the institution.

Article 33 requires the admission brochure and advertising to be filed with the approving authority for the record. It also requires the institution to publish periodically its type and level, its specialty settings, its course content and its enrolment scale.

Certificates

Article 34 has four paragraphs. The first says that an academic education institution issues academic certificates or other academic certificates under national rules. A non-academic institution issues training certificates or completion certificates. A student who takes vocational skills training and passes an assessment by an approved assessment body may be given the national vocational qualification certificate under national rules.

The second paragraph of Article 34 says that a cooperative institution that implements higher academic education may issue a Chinese degree certificate under national rules.

The third paragraph of Article 34 says that the diplomas and degrees of the foreign educational institution that a cooperative institution issues must be the same as those the foreign institution issues in its own country, and must be recognised in that country.

The fourth paragraph of Article 34 says that China's recognition of such foreign diplomas and degrees follows the international treaties that China has concluded or acceded to, or follows national rules.

Institutions and programmes

The Regulations treat an institution and a programme in different articles. Articles 2, 9 to 20 and 21 to 48 are written for the cooperative institution: its legal form, its approval, its governing body and its termination.

Article 61 covers cooperative programmes (合作办学项目). It says that the specific approval and management measures for cooperative programmes that offer academic education, self-study tutoring, cultural remedial and preschool education are formulated by the State Council education administration. It says that the specific measures for programmes that offer vocational skills training are formulated by the State Council labour administration.

Article 60 says that the management measures for commercial training institutions run by Chinese-foreign cooperation and registered with the market supervision authority are set by the State Council separately.

Article 62 bars foreign educational institutions, other organisations and individuals from setting up, on their own in China, schools or other educational institutions whose main target students are Chinese citizens.

Questions people ask

Does a cooperative institution have to have legal person status?

Article 11 requires a cooperative institution to have legal person status, with one exception. A cooperative higher education institution that implements academic higher education, set up by a foreign educational institution and a Chinese higher education institution, may be without legal person status.

Which authority approves a cooperative institution?

Article 12 gives the approval to the State Council education administration for academic education at undergraduate level and above. Junior college education and non-academic higher education are approved by the provincial-level government where the institution would be set up. Secondary academic education, self-study tutoring, cultural remedial and preschool education are approved by the provincial-level education administration. Vocational skills training is approved by the provincial-level labour administration.

May a cooperative institution enrol students during the preparatory period?

Article 16 says that no enrolment may take place during the preparatory period.

Do the rules for institutions also apply to cooperative programmes?

Article 61 is the article that covers cooperative programmes. It refers the approval and management measures for programmes to the State Council education administration and the State Council labour administration. The establishment steps in Articles 13 to 18 are written for the cooperative institution.

Sources

• Regulations of the People's Republic of China on Chinese-Foreign Cooperation in Running Schools (中华人民共和国中外合作办学条例) — Ministry of Education of the PRC (moe.gov.cn)

Checked 11 October 2026.

This page is an unofficial summary. It is not published by the Ministry of Education or any university, it promises no admission outcome, and the official Chinese text and the current official list prevail if they differ.