In order to improve the level of legalization of administrative punishment for off campus training, promote fair and civilized law enforcement, improve law enforcement procedures, strengthen the governance of off campus training, and protect the legitimate rights and interests of the people, in accordance with the Administrative Punishment Law, the Law on the Protection of Minors, the Opinions on Further Alleviating the Students' Work Burden and Off campus Training Burden at the Stage of Compulsory Education and other laws and regulations and relevant national regulations, On the basis of in-depth research, the Ministry of Education has studied and formed the Interim Measures for Administrative Punishment of Off campus Training (Draft for Comments), which is now open to the public for comments. The deadline for this consultation is December 9, 2022. See the details together——
Specific opinions can be fed back through the following channels:
► Pass letter By mail to: Policy, Regulation and Judicial System Office of the Ministry of Education, No. 35, Damucang Hutong, Xicheng District, Beijing, 100816. Please indicate "Interim Measures for Administrative Penalties on Off campus Training for Comments" in the letter.
► Pass E-mail Send comments to:
fzb@moe.edu.cn 。
► Pass on-line To submit comments, the website is:
https：//zwfw.moe.gov.cn：4443/#/solicitOpinions？ 385bb68074a9468f9b5e6d65b730402f
Full text of the draft for comments——
Interim Measures on Administrative Penalties for Off campus Training
(Draft for Comments)
general provisions
Article 1 These Measures are formulated in accordance with the Administrative Punishment Law, the Law on the Protection of Minors, the Law on the Promotion of Private Education, the Regulations on the Implementation of the Law on the Promotion of Private Education and other relevant laws and regulations in order to implement the fundamental task of establishing morality and cultivating people, develop quality education, strengthen the supervision of off campus training, standardize the administrative punishment of off campus training, and protect the legitimate rights and interests of natural persons, legal persons and other organizations.
Article 2 These Measures shall apply to natural persons, legal persons or other organizations that recruit pre-school children, primary and secondary students over 3 years of age from the society and illegally carry out after-school training, which should be subject to administrative punishment.
Article 3 The implementation of administrative punishment for off campus training should follow the principles of fairness and openness, adhere to the combination of punishment and education, and combine leniency with severity, so as to achieve clear facts, conclusive evidence, correct basis, legal procedures, and appropriate punishment.
Article 4 The competent department of off campus training and its staff shall keep confidential the state secrets, business secrets and personal privacy they have learned in the course of implementing administrative penalties.
The competent department of off campus training and its staff shall handle personal information in accordance with the authority and procedures stipulated by laws and regulations in order to perform their statutory duties, and shall not exceed the scope and limit necessary for performing their statutory duties.
Article 5 The types of administrative penalties for off campus training include:
（1） Warn and circulate a notice of criticism;
（2） Fines, confiscation of illegal income, confiscation of illegal property;
（3） Order to suspend business;
（4） Revoke the license;
（5） Restricted employment;
（6） Other administrative penalties prescribed by laws and regulations.
Chapter II Implementing Authority, Jurisdiction and Application
Article 6 The administrative punishment for off campus training shall be implemented by the competent department for off campus training of the people's government at or above the county level according to the authority of administrative punishment. The competent department for off campus training shall be determined by the people's government at the provincial level in accordance with the relevant provisions of the State.
If the administrative punishment for off campus training is imposed by the comprehensive administrative law enforcement authority, the competent department of off campus training shall establish a working mechanism with the comprehensive administrative law enforcement authority for the interconnection of administrative law enforcement information, the coordination of law enforcement process, and the timely feedback of law enforcement results.
If the administrative punishment for off campus training is imposed by the township people's government or the sub district office, the competent department of off campus training shall strengthen the organization and coordination, professional guidance and law enforcement supervision of the administrative punishment for off campus training in the township sub district office.
Article 7 The competent department of off campus training may, within its statutory authority, entrust in writing an organization that meets the requirements of the Administrative Punishment Law to implement administrative punishment.
The power of attorney shall specify the specific matters, authority, time limit, etc. entrusted. The entrusting department and the entrusted organization shall publish the power of attorney to the public.
The entrusting department shall supervise the entrusted organization's act of imposing administrative penalty, and bear legal responsibility for the consequences of such act.
The entrusted organization shall, within the scope of entrustment, impose administrative penalty in the name of the entrusting department, and may not entrust any other organization or individual to impose administrative penalty.
Article 8 The administrative punishment for the illegal act of offline off campus training shall be under the jurisdiction of the competent off campus training department of the people's government at the county level where the illegal act occurs. If the place where the illegal act takes place is different from the place where the agency approves it, the relevant department in the place where the agency approves it shall provide assistance according to law.
The administrative punishment for the illegal act of an approved online off campus training institution shall be under the jurisdiction of the examination and approval authority of the institution. The competent department of off campus training under the people's government at the provincial level where the illegal act occurs or where the damage result occurs may also exercise jurisdiction if it first discovers illegal clues or receives complaints or reports. If an online off campus training activity is conducted without approval, it shall be under the jurisdiction of the off campus training competent department of the people's government at the provincial level where the violation occurred or where the damage occurred.
Article 9 If two or more departments in charge of off campus training have jurisdiction over the same illegal act of off campus training, it shall be under the jurisdiction of the department in charge of off campus training that first filed the case.
If a dispute arises over jurisdiction, it shall be settled through consultation. If no agreement can be reached through consultation, it shall be reported to the common superior department in charge of off campus training for designation of jurisdiction; It can also be directly under the jurisdiction of the common superior off campus training competent department.
If the competent department of off campus training finds that the case filed for investigation is not under its jurisdiction, it shall transfer the case to the competent department of off campus training with jurisdiction. If the transferred department in charge of off campus training disagrees with the jurisdiction, it shall report to the common department in charge of off campus training at the next higher level for designation of jurisdiction, and shall not transfer it by itself.
Article 10 When the competent department of off campus training of the people's government at a higher level deems it necessary, it may refer the case under its jurisdiction to the competent department of off campus training of the people's government at a lower level for jurisdiction. It can also directly investigate and deal with the illegal cases of off campus training under the jurisdiction of lower level departments, or designate the illegal cases of off campus training under the jurisdiction of a lower level department to be under the jurisdiction of other lower level departments.
Article 11 If the competent department of off campus training of the local people's government at various levels finds that an illegal act of off campus training is suspected of violating the administration of public security and entry and exit administration, it shall promptly transfer it to the public security organ for punishment; If a person is suspected of committing a crime, he shall be promptly transferred to the judicial organ in accordance with the relevant provisions and investigated for criminal responsibility according to law.
Article 12 The party involved in the same illegal act of off campus training shall not be given an administrative penalty of fine for more than two times.
If the same illegal act of off campus training violates multiple laws and regulations and should be fined, it shall be punished in accordance with the provisions on high fines.
Article 13 A party shall be given a lighter or mitigated administrative penalty in any of the following circumstances:
（1） Taking the initiative to eliminate or mitigate the harmful consequences of an illegal act;
（2） Being coerced or induced by others to commit an illegal act;
（3） Voluntarily confessing illegal acts that are not mastered by the competent department of off campus training;
（4） Cooperate with the competent department of off campus training to investigate and deal with illegal acts and perform meritorious deeds;
（5） Other administrative punishments that should be mitigated or mitigated according to laws, regulations and rules.
Article 14 In any of the following circumstances, the party concerned shall not be punished, but shall be educated:
（1） The illegal act of off campus training is minor and corrected in time, without causing harmful consequences;
（2） Violating the law for the first time with minor consequences and correcting it in time;
（3） The party concerned has enough evidence to prove that there is no subjective fault;
（4） An illegal act has exceeded the time limit for punishment;
（5） Other circumstances under which no punishment is imposed as prescribed by laws, regulations and rules.
Article 15 In any of the following circumstances, the party concerned shall be given a heavier punishment according to law:
（1） The illegal act of off campus training is repeated within two years after it is handled;
（2） The consequences are serious, causing serious adverse social impact;
（3） Violating emergency response measures at the same time;
（4） Forging, altering, transferring or destroying evidence;
（5） Refusing, obstructing or threatening with violence administrative law enforcement personnel to enforce the law;
（6） Other cases that should be severely punished according to laws, regulations and rules.
Chapter III Illegal Acts and Penalties
Article 16 Natural persons, legal persons or other organizations that carry out off campus training without approval and meet the following conditions constitute the organization of off campus training without authorization. The competent department of off campus training under the local people's government at the county level, together with the relevant departments of public security, civil affairs or market supervision and administration at the same level, shall order the organization to stop and refund the fees collected, The sponsor shall also be fined not less than one time but not more than five times the illegal income.
（1） There are fixed training places for offline training, and specific websites or applications for online training;
（2） More than 2 trainees;
（3） There are corresponding organizations.
Article 17 If a natural person, legal person or other organization conducts off campus training in disguised violation of regulations and commits one of the following acts, the competent department of off campus training under the local people's government at or above the county level shall, together with other relevant departments, order it to make corrections, return the fees collected, give a warning or circulate a notice of criticism; If the circumstances are serious, a fine of not more than 50000 yuan shall be imposed; If the circumstances are especially serious, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed:
（1） Paying for off campus training through instant messaging, online conferences, live broadcast platforms, etc;
（2） "One to one", "one to many" and other off campus trainings are carried out by using the property of residential buildings, hotels, cafes and other places;
（3） Paid disciplinary training in the name of consultation, cultural communication, quality development, thinking training, housekeeping services, family education guidance, home teachers, crowdfunding private education, study tours, research studies, summer camps, trusteeship, etc;
（4） Other off campus training conducted without approval does not meet the conditions specified in Article 16 of these Measures.
Article 18 If a natural person, legal person or other organization knows or should know the existence of illegal off campus training activities and provides a place for off campus training, the competent department of off campus training of the people's government at or above the county level shall, together with other relevant departments, order it to make corrections within a time limit; Those who refuse to make corrections within the time limit shall be given a warning or circulated a notice of criticism.
If the network platform operator provides services for its users to carry out online off campus training through instant messaging, online conferences, live broadcast platforms, etc., the provisions of the preceding paragraph shall apply.
Article 19 If an off campus training institution changes the type of training without authorization beyond the scope of examination and approval and commits one of the following acts, the competent off campus training department of the people's government at or above the county level or other relevant departments shall order it to make corrections within a time limit and give it a warning; If there are illegal gains, the illegal gains shall be confiscated after the fees collected are returned; If the circumstances are serious, the enterprise shall be ordered to suspend business and its license shall be revoked:
（1） Offline training institutions carry out online off campus training;
（2） Online training institutions carry out offline off campus training;
（3） Non disciplinary training institutions carry out disciplinary off campus training;
（4） Disciplinary training institutions carry out non disciplinary off campus training;
（5） Offline training institutions carry out training activities beyond the approved location.
Article 20 If an off campus training institution conducts training activities in violation of laws, administrative regulations and the relevant provisions of the State, or has disorderly management and commits one of the following acts, the competent department for off campus training of the people's government at or above the county level or other relevant departments shall order it to make corrections within a time limit and give it a warning; If there are illegal gains, the illegal gains shall be confiscated after the fees collected are returned; If the circumstances are serious, the enterprise shall be ordered to suspend business and its license shall be revoked:
（1） Violating the State's educational policy, deviating from the socialist direction of running schools and impeding the implementation of the State's educational system;
（2） The training content violates laws and regulations and the relevant provisions of the competent department of off campus training under the State Council, affecting the physical and mental health of minors;
（3） Jointly enrolling students with primary and secondary schools in violation of the regulations on enrolling students;
（4） Conducting discipline training ahead of schedule;
（5） The training time violates laws and regulations and the relevant provisions of the competent department of off campus training under the State Council;
（6） The employment and management of employees and part-time personnel of off campus training institutions violate laws, regulations and relevant provisions of the competent department of off campus training under the State Council;
（7） The charging price, charging behavior and pre charging management of off campus training institutions violate laws and regulations and the relevant provisions of the competent department of off campus training under the State Council;
（8） Online off campus training includes online game content and links unrelated to training;
（9） Online off campus training fails to retain training content, training data and live training videos in accordance with the relevant provisions of the competent department of off campus training under the State Council;
（10） Other acts in violation of Article 62 of the Law on the Promotion of Private Education and Article 63 of the Regulations for the Implementation of the Law on the Promotion of Private Education.
If an off campus training institution commits any of the acts specified in sub paragraph (1) (2) (3) of the preceding paragraph, it shall be given a heavier punishment.
Article 21 The education administrative department of the people's government at or above the county level, in conjunction with other relevant departments, shall order the off campus training institutions to make corrections, return the fees collected, give a warning or circulate a notice of criticism if they organize or participate in organizing social competitions for preschool children and primary and secondary school students over the age of three without authorization; If the circumstances are serious, a fine of not more than 50000 yuan shall be imposed; If the circumstances are especially serious, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed.
Article 22 If an off campus training institution commits any of the acts specified in Articles 19 and 20 of these Measures, the competent department of off campus training or other relevant departments may give a warning to the person in charge of its decision-making body, the person in charge of administration and the person directly responsible; If the circumstances are serious, the relevant responsible persons shall be punished for restricted employment in accordance with Article 64 of the Regulations for the Implementation of the Law on the Promotion of Private Education.
Article 23 If the sponsor of an off campus training institution and its actual controller, decision-making body or members of a supervisory body violate Article 62 of the Regulations for the Implementation of the Law on the Promotion of Private Education, the competent department of off campus training of the people's government at or above the county level or other relevant departments shall, according to the division of responsibilities, order them to make corrections within a time limit. If there are illegal gains, the illegal gains shall be confiscated after the fees collected are returned; If the circumstances are serious, a punishment of restricted employment shall be imposed in accordance with Article 62 of the Regulations for the Implementation of the Law on the Promotion of Private Education.
Article 24 If the off campus training institutions violate other laws and regulations, publish advertisements in violation of regulations, price violations, and handle personal information in violation of regulations, the relevant departments shall punish them in accordance with relevant laws and regulations within their respective responsibilities.
Chapter IV Penalty Procedures and Enforcement
Article 25 The department in charge of off campus training shall conduct a preliminary examination if it finds that it is suspected of violating the laws, regulations and rules related to off campus training, and shall file a case if the following conditions are met:
（1） There is a clear illegal suspect;
（2） There is evidence to preliminarily prove the existence of illegal facts;
（3） Administrative penalty shall be imposed according to law;
（4） It is under the jurisdiction of the department;
（5） Not exceeding the statutory time limit for punishment.
A case filing approval form shall be filled out and submitted to the head of the department for approval.
Article 26 For a case that has been filed, if it is found through investigation that it does not meet the conditions for filing as prescribed in Article 25 of these Measures, the competent department of off campus training shall cancel the filing.
Article 27 The competent department of off campus training shall conduct a comprehensive, objective and impartial investigation, collect relevant evidence, make investigation records, inquiry records, etc., and exercise the following functions and powers in the process of investigation:
（1） Conduct on-site investigation on the places where the parties are suspected of carrying out illegal activities;
（2） Inquire the parties or relevant personnel;
（3） Check and copy contracts, bills, account books, advertisements, publicity materials, rosters and other relevant materials related to the training suspected of breaking the law;
（4） If the evidence may be lost or difficult to obtain in the future, it may be registered and kept in advance with the approval of the head of the department in charge of off campus training, and a decision on handling shall be made in a timely manner within seven days;
（5） Other functions and powers stipulated by laws, regulations and rules.
Article 28 Before making a decision on administrative penalty for a case to be subject to administrative penalty, the department in charge of after-school training shall notify the party in writing of the content, facts, reasons and basis of the proposed administrative penalty, as well as the right of statement and defense enjoyed by the party according to law.
If a party puts forward a statement or defense, the competent department of off campus training shall fully listen to the party's opinions and review the facts, reasons and evidence put forward by the party. If the facts, reasons or evidence put forward by the party is valid, the competent department of off campus training shall accept it.
Article 29 If the competent department of off campus training plans to make the following decision on administrative punishment, it shall inform the party concerned of the right to request a hearing:
（1） A natural person shall be fined more than 30000 yuan, and a legal person or other organization shall be fined more than 100000 yuan;
（2） Confiscate illegal income of more than 100000 yuan;
（3） Administrative penalty in Item (3) (4) (5) of Article 5 of these Measures;
（4） Other circumstances stipulated by laws, regulations and rules.
If the party concerned requests a hearing according to law, the institution responsible for legal review of the off campus training competent department shall organize the hearing procedure in accordance with the Administrative Punishment Law and other relevant laws and regulations. After the hearing, the department in charge of off campus training shall make a decision according to the record of the hearing.
Article 30 If the party concerned fails to exercise the right of statement and defense and request a hearing within five days from the date of service of the notice, it shall be deemed to have waived this right.
Article 31 Before making a decision on administrative punishment, the competent department of off campus training shall order the party concerned to make corrections within a time limit. If the party concerned makes corrections in time, it may be given a lighter, mitigated or exempted from punishment according to law.
Article 32 If the following circumstances are complicated or major violations of the law are subject to administrative punishment, the institution responsible for legal review by the competent department of off campus training shall carry out legal review, and no decision shall be made without legal review or approval:
（1） Involving major public interests;
（2） Having a direct bearing on the major rights and interests of the parties or a third party and having gone through the hearing procedure;
（3） The case is complicated and involves multiple legal relationships;
（4） Other circumstances under which legal review is required by laws and regulations.
The case mentioned in the second paragraph of the preceding paragraph shall be subject to legal review after the completion of the hearing procedure.
Article 33 At the end of the investigation, the head of the department in charge of off campus training shall review the investigation results and make a decision in accordance with the provisions of the Administrative Punishment Law.
The administrative penalty imposed on the circumstances specified in Article 32 of these Measures shall be decided through collective discussion.
When making a decision on administrative penalty, the competent department of off campus training shall prepare a written decision on administrative penalty. The written decision on administrative penalty shall contain relevant contents according to the provisions of the Administrative Penalty Law, and shall be stamped with the seal of the department.
Article 34 The written decision on administrative penalty shall be delivered to the parties on the spot after it is announced; If the party is not present, it shall be served on the party within seven days in accordance with the relevant provisions of the Civil Procedure Law.
If the party concerned agrees and signs a confirmation letter, the competent department of off campus training can send the decision on administrative penalty to the party concerned by fax, e-mail, etc.
Article 35 If the party concerned fails to comply with the decision on administrative penalty within the time limit after it has been served, the competent department of off campus training may apply to the people's court for compulsory execution according to law.
Article 36 Under any of the following circumstances, the case shall be closed with the approval of the head of the department in charge of off campus training:
（1） The punishment decision has been completely implemented;
（2） Having applied to the people's court for compulsory execution according to law;
（3） The investigation of the case is terminated;
（4） Other circumstances that should be settled.
The materials of administrative penalty cases shall be filed and kept in accordance with the relevant laws and regulations and the provisions on archives management.
Chapter V Supervision of Law Enforcement
Article 37 The competent department of off campus training shall establish a law enforcement and supervision system.
The superior department in charge of off campus training shall strengthen its guidance on the administrative punishment work of the subordinate department in charge of off campus training.
The decision of administrative penalty for off campus training with certain social impact shall be disclosed to the public according to law.
Article 38 For major illegal cases, the competent department of off campus training at the higher level can supervise the handling, put forward handling requirements, and urge the lower level departments to handle within a time limit.
Article 39 The department in charge of off campus training at or above the county level shall establish a statistical reporting system for illegal cases, and regularly report the analysis of the illegal situation of off campus training within its own administrative region, the occurrence of cases, the investigation and punishment, etc. level by level.
Article 40 If the competent department of off campus training imposes administrative punishment on off campus training, in any of the following circumstances, the relevant department shall give punishment to the directly responsible person in charge and other directly responsible persons according to law:
（1） Failing to take measures to stop illegal acts according to law;
（2） Failing to impose administrative penalty according to law when it should be imposed;
（3） Failing to apply for compulsory execution or transfer to the relevant authorities in accordance with the law;
（4） Other circumstances of exceeding power, abusing power, engaging in malpractice for personal gain, and neglecting duty as stipulated in the Administrative Punishment Law, the Law on the Promotion of Private Education and other laws and regulations.
Chapter VI Supplementary Provisions
Article 41 The "illegal income" in these Measures refers to all fees charged for illegal off campus training. If laws, administrative regulations and rules provide otherwise for the calculation of illegal income, such provisions shall prevail.
Article 42 In the Measures, "above" and "below" include the number, and "five days" and "seven days" refer to working days, excluding legal holidays.
Article 43 The Measures shall come into force as of.
Source: Weiyan Education
