第一章 总 则
ChapterⅠ General Principles
Based on relevant laws and regulations, the Guidelines for the Cooperation with Overseas Training Organizations (hereinafter referred to as the “Guidelines”) is formulated for the purpose of fully developing and utilizing high-quality overseas education and training resources, promoting win-win cooperation with overseas training organizations and advancing healthy and orderly development of overseas and outbound training (hereinafter referred to as "Overseas Training").
The overseas training organizations (hereinafter referred to as “OTO”) mentioned in the Guidelines refers to all types of institutions or organizations abroad undertaking overseas training programs for Chinese departments and institutions, including government agencies, international organizations, non-governmental organizations and prestigious universities, enterprises, professional training institutions, etc. The overseas training cooperative organizations (hereinafter referred to as “OTCO”) refers exclusively to the OTO that have established training cooperative partnership with the Department of Overseas Intellectual Resources Cooperation of the Ministry of Science and Technology (the State Administration of Foreign Experts Affairs), P.R.C(hereinafter referred to as "the Department of Overseas Intellectual Resources Cooperation of MOST").
The Department of Overseas Intellectual Resources Cooperation of MOST is responsible for the development, coordination, information service, supervision and management of OTCO.
ChapterⅡ Principles of Cooperation
1. Quality-oriented Principle. Relevant cooperation shall put training quality first. Efforts should be made to strengthen the target-orientation and effectiveness of overseas training, expand cooperation scope and enhance the level of cooperation with an aim to improve the quality and benefit of overseas training.
2. Equality and Mutual Benefit. Relevant cooperation shall be based on equal and mutually beneficial partnerships. Through concerted efforts, both sides can learn from each other, share experiences and actively promote international exchanges and cooperation in science, technology and human resources in order to achieve win-win cooperation.
3. Honesty and Integrity. Cooperative parties shall strictly abide by the laws and regulations of China and related countries as well as the policies and regulations of the Chinese government on overseas training to regulate the market, improve awareness of integrity and establish an effective restrictive mechanism.
4. Optimal Selection. Relevant cooperation shall follow the principle of excellence, professionalism and standardization. Focus must be placed on exploring and utilizing high-quality education and training resources including prestigious universities, enterprises and professional organizations. The OTCO withdrawal mechanism shall be improved, with an aim to build an OTCO resource system featuring "specific strengths, complementary advantages, rational structure and orderly competition".
Chapter III Scope of Cooperation and Responsibilities of Cooperative Parties
Upon equal-footed and voluntary consultations, the Department of Overseas Intellectual Resources Cooperation of MOST and OTCO establish the overseas training cooperative partnership. Responsibilities and obligations of relevant parties are as follows:
1.Department of Overseas Intellectual Resources Cooperation of MOST
a. Development of OTCO. The Department shall focus on the development of high-level OTCO that enjoy good reputation, high qualifications, rich experiences matching strengths and standardized management, and are friendly to China.
b. Platform Building. The Department shall regularly publish the updated list of OTCO for reference for Chinese organizers of training groups (hereinafter referred to as "organizers") and maintain Overseas Training Program Contact and Cooperation System. Organizers can review information of OTCO and discuss cooperation with OTCO on the system.
c. Supervision and Management. The Department shall enhance the management of overseas training activities, build two-way evaluation mechanisms of both training groups and OTCO, investigate and settle complaints or reports from training groups, trainees, OTCO and the public, and ensure acts violating regulations and disciplines are punished.
a. Capacity Building. OTCO shall highlight training expertise, innovate training modes, provide high-quality training resources and create a distinctive brand of professional technology and management training. The overseas training programs shall be in line with the advantages of the host countries (regions) and the training expertise of the OTCO.
b. Implementation of Programs. OTCO are responsible for designing training curriculum and schedule, providing invitation letters and finish other preparation work. Training lectures, visits and other official activities should be implemented in accordance with the approved schedules, and high-quality interpreters and satisfying living services shall be provided. OTCO are also obligated to assist with the management of training groups in overseas activities and submitting training logs in a timely manner. Emergency response plans shall be made by OTCO and if major emergencies occur, OTCO shall report immediately to the Science and Technology Section (hereinafter referred to as "S&T Section") of the Embassy/ Consulate-General of the P.R. China or relevant departments, to the Department of Overseas Intellectual Resources Cooperation of MOST and to the organizers of training groups. OTCO shall also evaluate the performance of training groups after the programs are completed.
c. Other Obligations. OTCO shall actively cooperate with the Chinese side to confirm overseas training activities, participate in training and perform surveys on designated training groups. They are also obligated to keep safe the documents of training, trainees and other sensitive information and take measures to prevent any leakage and abuse of confidential information. Without permission, OTCO shall not use “Overseas Training Organization Accredited by the Department of Overseas Intellectual Resources Cooperation of MOST” or other similar names and logos for publicity.
Chapter IV Responsibilities and Obligations of Related Parties
a. Selection of OTO and Application of Training Programs. Organizers are responsible for making their annual plans for training programs, selecting relevant OTO and submit the application to relevant government agencies. If choosing overseas organizations, NGOs, prestigious universities, enterprises and training institutions suitable to the training theme but not on the list of OTCO, organizers shall provide background information related to such organizations.
b. Signing and Execution of Training Service Contracts. After the training programs are approved, organizers shall consult the OTO to design training schedules together and set specific requirements for training curriculum, lecturers, official visits, interpreters, etc. A cooperative training agreement must be signed with the OTO to clarify the responsibilities and obligations of both parties. Specific details are available on the sample of Overseas Training Program Cooperation Agreement (see Annex I). During the training period, organizers shall track and manage the overseas activities of training groups by supervising training logs and evaluating the performance of the OTO after the programs are completed.
c. Other Obligations. To protect the interests of all parties, the approved or contracted OTO in the training programs are not allowed to be changed and replaced without permission.
2. S&T Section and Overseas Offices
They are responsible for guidance, supervision and inspection of OTCO within their jurisdiction, as well as the development and recommendation of high-level overseas training resources.
Chapter V Requirements for Qualified OTCO
OTCO shall meet the following basic requirements:
1. OTCO are supposed to be officially registered organizations with legal person status in accordance with the laws of the countries (regions) in which they are located. They shall be friendly to China, and relevant cooperation agreements shall not contain any political conditions. And good financial foundation and reputation are required.
2. OTCO shall have prominent professional capacities as well as high-quality lecturers, training materials, textbooks and interpreters. They shall have a fairly strong network of cooperative agencies in the countries (regions) in which they are located and are able to arrange exchange visits to corresponding departments, enterprises and organizations in line with the requirements of training programs.
3. OTCO shall be able to provide good services for Chinese training groups including suitable accommodation, board and transportation based on the agreements signed with the training groups.
4. All training services of OTCO shall be provided at reasonable prices. The training fees must correspond with relevant regulations. Any unfair competitive practices, which do harm to the training quality, are prohibited.
Chapter VI Evaluation of OTCO
1. Those OTO with cooperative intentions may fill in the Information Form of Overseas Training Cooperative Organization (see Annex II) and submit the completed form and relevant original materials to S&T Section of the Embassy/ Consulate-General of the P.R. China. For those without S&T Section, please send to the relevant departments of the Embassy/ Consulate-General. Contact person and contact information are also needed.
2. After receiving the Information Form and relevant materials, based on site visits and credit investigation, S&T Section of the Embassy/ Consulate-General of the P.R. China or the relevant departments will provide a letter of recommendation to the Department of Overseas Intellectual Resources Cooperation of MOST.
3. The Department of Overseas Intellectual Resources Cooperation of MOST regularly organizes formal evaluation to determine new OTCOs and establish cooperative relationships with, announces them within a certain scope and puts them on the list of OTCO. The first cooperation is generally valid for 5 years. Upon the agreement of both parties, the cooperation may be renewed after expiration.
4. If OTCO's partnership with MOST have been suspended but want to renew such cooperation, they shall submit the application again following the above procedures.
5. If OTCO's information needs to be updated, they shall submit the Application Form for Information Change of OTCO (see Annex III) signed by its Legal Representative or the authorized person in charge who is already recognized by the Department of Overseas Intellectual Resources Cooperation of MOST. For change of important information, certification documents are required to be attached, and if necessary, the Department may consult S&T Section of the Embassy/ Consulate-General of the P.R. China or the relevant departments.
Chapter VII Quality Evaluation
A two-way evaluation system shall be established between training groups and OTO. After training, in addition to submission of a training summary and reimbursement for related fees, training groups are required to give an evaluation report reviewing the courses, quality of lecturers and interpreters, benefit of visits, realization of expected targets and others. Meanwhile, OTO will provide feedback and an evaluation report on the training group, including attitudes of trainees towards learning, their performances during the training and exchange activities, as well as the implementation of the approved schedule.
The Department of Overseas Intellectual Resources Cooperation of MOST will conduct a comprehensive evaluation on OTCO based on the evaluation reports submitted by training groups, the feedbacks from S&T Section of the Embassy/ Consulate-General of the P.R. China, Overseas Offices, Departments of Science and Technology (Bureaus of Foreign Expert Affairs) at all levels, and Administrative Departments responsible for overseas training of Ministries and Commissions of the Party and the State Council), as well as acts violating relevant regulations and disciplines that are found during the approval and implementation of training programs.
Chapter VIII Suspension or Termination of Cooperation
1. Due to force majeure or other reasons, either party may suspend or terminate the cooperative relationship by notifying the opposite party at least 2 months in advance.
2. If an OTCO has a “poor” performance in comprehensive evaluation, the Department of Overseas Intellectual Resources Cooperation of MOST will notify it of suspending or terminating their cooperative agreement.
3. If an overseas training organization is verified to commit any of the behaviors listed below upon investigation, the Department of Overseas Intellectual Resources Cooperation of MOST will take corresponding measures according to the nature of the problems and severity of the circumstances. For OTCO with undermentioned behaviors, the Department will suspend the training programs undertaking by the OTCO, suspend the cooperative agreement or terminate the cooperative relationship with the OTCO. As for OTO with such behaviors, the Department will put the OTO onto the blacklist of overseas training, and notify relevant government agencies. The OTO will be restricted or banned from undertaking Chinese training groups. The punishment results will also disclosed in a proper way.
a. Issuing fake invitation letters, training schedules, budget and invoices, etc.
b. Attempting to attract China’s outbound training groups by undertaking vicious price competition, kickbacks or other improper means that are judged to reduce the quality of training; using the names of other training agencies to conduct training or allowing other organizations to undertake its own training programs; transferring the training groups to other organizations, intermediary agents or travel agencies.
c. Changing the approved training schedules without permission which makes the actual training significantly different from the approved schedules; organizing or assisting the training groups or individuals to go to other countries (regions) or cities without prior approval, or to places involving pornography or gambling and for personal travel using the government funds.
d. Refusing to fulfill their responsibility for supervising overseas training activities such as filling out the training logs.
e. Causing heavy casualties, traffic accidents or property damages of the training groups due to the organization's poor management.
f. Complaints from the training groups are received on poor quality of training and related services or on acts causing severe negative impacts.
g. Other behaviors that produce negative effect on training quality and are unfriendly to China.
Chapter IX Supplementary
The Guidelines shall come into effect as of the date of release, and the Provisional Regulations for Management of Overseas Training Cooperative Agencies (SAFEA 2016 No.13) shall be terminated simultaneously.
The Department of Overseas Intellectual Resources Cooperation of MOST is responsible for the interpretation of the Guidelines.
1. Overseas Training Program Cooperation Agreement (Sample for Reference)
2. Information Form of Overseas Training Cooperative Organization
3. Application Form for Information Change of OTCO