Independently Run Schools in Hainan, a New Chapter of Overseas Education!

The Ministry of Education and the People’s Government of Hainan Province formulated and issued the Interim Provisions on Overseas Higher Education Institutions Running Schools in the Hainan Free Trade Port (the “Provisions”) on March 22, 2023.

The Provisions permits overseas high-level universities and vocational colleges (including those in the Hong Kong and Macau special administrative regions and Taiwan) (“Overseas Higher Education Institutions”) to independently set up and run schools and campuses in the Hainan Free Trade Port (“FTP”), experimenting with a new school-running model. Previously, universities outside the Chinese mainland needed to cooperate with a local partner to run schools on the mainland, according to the PRC Sino-foreign Cooperation in Education Regulations.

1. Field Restrictions

The Provisions stipulates that Overseas Higher Education Institutions are allowed to set up schools or campuses to implement professional education in science, engineering, agriculture and medical in the Hainan FTP. In other words, only education in the science, engineering, agriculture and medical fields can apply the “Independently Run Schools” model, but education in the other fields shall be delivered through the “Sino-foreign Cooperation Education” in China.

2. Qualifications of Overseas Higher Education Institutions

Overseas Higher Education Institutions running schools in Hainan FTP shall meet the following conditions:

(1) good reputation for school-running and a high international reputation;

(2) disciplinary advantages in science, engineering, agriculture and medicine;

(3) high employability and professional evaluation for graduates.

3. Main Requirement for Running Schools

The Provisions emphasizes that school-running should conform to Chinese laws and the principle of public welfare, and must not jeopardize China’s national sovereignty, security or public interests.

According to the Provisions, the establishment of educational institutions (“Educational Institutions”) shall follow the standards for the establishment of similar educational institutions at the same level held by the state. If the teaching staff, facilities and equipment of Overseas Higher Education Institutions exceed such standard, the standards of Overseas Higher Education Institutions shall be followed.

According to the Provisions, Educational Institutions are required to offer courses on China’s Constitution, laws, civic virtues, national conditions, and others in accordance with China’s criteria for educational institutions of the same level. The Provisions stipulates that Educational Institutions carry out Party and mass activities in accordance with the State’s provisions on Party and mass activities to be carried out by institutions of higher learning.

4. Decision-Making Body

Educational Institutions shall set up the decision-making body, to review and approve the major matters in the education. The decision-making body must consist of representatives from the Overseas Higher Education Institutions and the president, Party officials, faculty representatives and public representatives of Educational Institutions.

The presidents can be assigned by the Overseas Higher Education Institutions or elected by the decision-making body. The presidents must be resident on the mainland for more than six months a year.

5.Establishment Procedure

The establishment of Educational Institutions for undergraduate and above education shall be submitted to the Ministry of Education for approval after the preliminary review and approval by the People’s Government of Hainan Province.

The establishment of Educational Institutions for vocational education shall be submitted to the People’s Government of Hainan Province for approval and filed with the Ministry of Education.