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Four departments in Beijing jointly regulate the pre charge of discipline off campus training institutions

The organization shall not charge fees one month before the new class starts

May 22, 2021 08:26 | Source: Beijing Youth Daily
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Original title: The organization shall not charge fees one month before the new class starts

Recently, the Beijing Municipal Education Commission, Beijing Local Financial Supervision and Administration Bureau, the Business Administration Department of the People's Bank of China, and the Bank of Beijing Insurance Regulatory Bureau jointly issued the Administrative Measures of Beijing Municipality on the Pre charge of Disciplinary Off campus Training Institutions (for Trial Implementation) (hereinafter referred to as the Measures), which put forward clear requirements for the tuition fees collected in advance and the deposit of academic off campus training institutions. The reporter of Beijing Youth Daily learned that the Measures are applicable to the off campus offline and online training institutions (hereinafter referred to as institutions) of disciplines in the city that use prepaid consumption to carry out business activities. It is stipulated that those charged according to the training cycle shall not be charged one month before the new class starts; If the fee is charged by class hour, it shall not be charged earlier than the remaining 20 class hours of the subject or one month before the new class starts.

The fee shall not be charged one month before the new class starts

The Measures mentioned that the charging items and standards should be publicized in prominent places such as school premises and websites, and should be made clear to students before training services. No other fees shall be charged beyond the publicized items and standards, and no fees shall be apportioned to students or forced to raise funds in any name.

The charging period shall be consistent with the teaching arrangement. If the fees are charged according to the training cycle, they shall not be charged once or in disguised form for a period of more than 3 months; If the fees are charged according to the class hours, each subject shall not charge more than 60 class hours at one time or in disguised form. If charging by cycle and charging by class hour are carried out at the same time, only a shorter charging period can be selected, and it shall not exceed 3 months in disguised form.

The Measures also regulate the time for charging in advance. According to the requirements, if the fees are charged according to the training cycle, the fees shall not be charged one month before the new class starts; If the fee is charged by class hour, it shall not be charged earlier than the remaining 20 class hours of the subject or one month before the new class starts.

Do not use training loan to pay training fees

The Measures specify that all fees collected in advance by trainees must be entered into the special account for tuition fees of the institution, and they shall not use other accounts of the institution or accounts other than the institution to collect training fees.

Training for primary and secondary students shall not use training loans to pay training fees. The institution shall not induce students of other ages to use training loans to pay fees. If the trainees propose to refund the fees before the start of the course, the institution will, in principle, refund all fees in a lump sum according to the original channel within 5 days.

If the student requests for refund after the course starts, the corresponding fees shall be deducted according to the proportion of the completed class hours, and the remaining fees shall be refunded in principle within 15 days according to the original channel. Unless otherwise agreed in the contract terms and not in violation of the above refund principle.

In case of any dispute over refund between the trainees and the institution, the institution shall not refuse the reasonable appeal of the trainees on the grounds of fund supervision or the trainees' use of training loans to pay training fees. If there is a dispute between the trainees and the institution over the collection and refund of fees, it can be resolved through five ways, namely: the trainees and the institution negotiate; Request the consumer association or other mediation organizations established according to law for mediation; Complaints to relevant administrative departments; Submit to the arbitration institution for arbitration according to the arbitration agreement reached with the institution; Bring a lawsuit to the people's court.

Fund supervision must be carried out for training fees collected in advance

According to the new regulations, if institutions collect training fees in advance, they must adopt the bank custody model to carry out capital supervision, and institutions should provide necessary transaction information to the depository bank. The allocation of deposited funds must be synchronized with the teaching progress and in the same proportion. The depository bank shall complete the fund allocation within 5 days after the institution completes the teaching and the trainees confirm and agree; If the trainees fail to confirm within 15 days after the institution completes the teaching and performs the obligation of informing, the depository bank shall be deemed as confirming the agreement and performing the fund allocation. The institution can adopt the full margin supervision mode for transition, and the transition period shall not exceed one year in principle. The total amount of the deposit shall not be less than the total amount paid by all students of the institution in a single charging cycle. The total amount can be calculated according to the average of the fees collected by the institution from all students in the previous year for a single charging cycle.

If the institution does not cooperate with the fund supervision, the education administrative department shall order rectification. If the circumstances are serious or the institution refuses to rectify, it shall be transferred to the law enforcement department for investigation and handling, and credit publicity shall be carried out according to law and regulations. If the rights and interests of students are damaged, the institution shall bear the liability for infringement according to law.

Relevant departments can issue risk early warning to the society

The financial supervision department shall regularly share the information and risk of pre collected funds with the education administrative department according to its job responsibilities. The depository bank shall carry out regular monitoring on the pre collected funds included in the depository. In case of any change in the pre collected funds, the depository bank shall timely notify the education administrative department according to the relevant standards and the agreed time limit.

The Measures also mentioned that the relevant departments can issue risk early warning to the society according to the degree of risk. The education administrative department implements differentiated supervision on institutions, and can reduce the frequency of inspection for those with standardized fee collection and refund and low pre charge risk; Focus on monitoring the centralized refund complaints and high pre charge risks, increase the frequency and intensity of inspection, and urge the institutions to operate in compliance. In the process of supervising the pre collected funds, the relevant departments, institutions and depository banks shall keep the collected personal information of students and parents strictly confidential, and shall not disclose, sell or illegally provide it to others.

By our reporter Wu Wenjuan

(Editor in charge: Hao Mengjia, Liang Qiuping)

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