Recently, the Municipal Education Bureau and other seven departments jointly issued the "Implementation Rules for the Supervision of Pre-fees for Discipline-based Off-campus Training Institutions in Chengdu" (hereinafter referred to as the "Implementation Rules"), and issued a notice requiring all districts (cities) and counties and departments to conscientiously implement them in combination with reality.
How do I read a file?
What are the highlights and features of the Detailed Implementing Rules?
Come and see it with Xiaobu
Draw the point
01
Which bodies does the Regulation apply to?
The Detailed Implementing Rules apply to offline off-campus training institutions in Chengdu that engage in non-academic education and training for primary and secondary school students, and do not apply to online discipline-based off-campus training institutions approved by the Provincial Department of Education. Offline non-disciplinary and non-academic higher education examination assistance external training institutions may refer to the implementation.
02
How will the Detailed Implementing Rules be regulated?
1. Pre-fees are supervised and managed by banks
If the training institution "runs away" tuition fees can be refunded through the account supervision bank
What is a pre-fee for a training institution? That is, before the official class, the training institution collects the training fee of the trainees in advance, which is also a common consumption method of the training institution, that is, pay the fee first, and then train.
In this way, if the training institution is not normally suspended, or parents want to refund the fee for various reasons, they will often encounter risks such as "running away with money" and "difficulty in refunding fees", and the introduction of the "Detailed Implementing Rules" is to change the situation of unilateral management of pre-fee funds by off-campus training institutions, change the weak position of trainees and parents in training services, and supervise and manage the pre-fees by handing over the pre-fees to a third party - the bank, so as to urge the training institutions to perform their obligations according to the contract. For example, if an off-campus training institution is irregularly closed, the tuition fees of the students who have not been consumed can be refunded through the account supervision bank after being approved by the education department, so as to minimize the risk of the institution's "money running away" and protect the interests of students and parents.
According to the Detailed Implementing Rules, this provision currently applies to offline off-campus training institutions in Chengdu that engage in non-academic education and training for primary and secondary school students, and does not apply to online discipline-based off-campus training institutions approved by the Provincial Department of Education. Offline non-disciplinary and non-academic higher education examination assistance external training institutions may refer to the implementation. Subject training includes: ethics and rule of law, language, history, geography, mathematics, foreign languages (English, Japanese, Russian), physics, chemistry, biology 9 subjects.
2. All pre-payments must be made into a dedicated account
The disbursement of funds must be synchronized with and proportionate to the progress of the institution's teaching
According to the regulations, the pre-fee (including cash) of off-campus training institutions must all enter the special account for training fees of the institution, and the information of the special account for pre-fees and the supervision agreement of the pre-fees should be published in a conspicuous position such as the institution's school-running site and website, and clearly stated to the trainees before the training service. Training for primary and secondary school students shall not be paid by means of training loans.
When parents pay the training prepayment, they must pay the fee according to the payment channel announced by the competent education administrative department of the region (city) and county, and pay the fee according to the signed training agreement, and do not use the methods of collection, deposit or offline cash payment. Funds that do not enter the special regulatory account will not effectively protect your consumption rights.
If the off-campus training institution is unable to perform the contract due to its own reasons, it should inform the trainee (parent) one month in advance and refund the remaining fee in full.
If the student (parent) applies for a refund, the off-campus training institution shall immediately start the refund procedure in accordance with the refund agreement of the training contract and complete the refund in a timely manner.
If the student (parent) requests a refund before the start of the course, the training institution shall refund all the fees at one time according to the original channel within 5 days.
If the student (parent) requests a refund after the start of the course, the corresponding fee for the completed course hour shall be deducted, and the remaining amount shall be refunded in one lump sum according to the original channel within 15 days.
The Detailed Implementing Rules make it clear that the pre-fees of off-campus training institutions are comprehensively supervised in the form of bank custody and risk margin in parallel. Off-campus training institutions shall sign a tripartite supervision agreement on pre-fees with the competent departments of education of the territory and the custodian bank, and shall open a special account for the custody of pre-fee funds, a special account for the performance of the agreement risk deposit, and a special account for the risk deposit of the unconsumed course (if there is no need for the consumption of the course, this account may not be opened).
The disbursement of funds in the special account for the custody of funds must be synchronized with the progress of the training institution's teaching, in the same proportion, and the "synchronization of allocation" shall be implemented. How does it work specifically? That is, after the off-campus training institution has completed the teaching and the trainees (parents) have confirmed and agreed, and provided relevant proofs such as confirmation and consent information to the information management platform of the off-campus training institution designated by the district (city) county, the custodian bank will allocate the corresponding funds to the settlement account of the off-campus training institution on the latest day and the next day in accordance with the tripartite supervision agreement; after the off-campus training institution fulfills the notification obligation, if the trainees are not confirmed within 5 working days, the custodian bank will allocate funds on the 6th working day according to the tripartite supervision agreement.
3. Establish a two-level financial supervision mechanism
Institutions with acts such as capital changes shall be punished at the top
In addition, regarding the payment of the risk deposit of the training institution, it is specifically divided into the risk deposit of the uncollected course and the risk deposit of the performance of the agreement.
The risk deposit of unused courses is mainly used to ensure the normal consumption of classes by training institutions, as well as the basic support for the distribution of salaries of faculty and staff, the refund of fees by students (parents) and other matters after the occurrence of risk abnormalities, if there are pre-fee funds collected but not completed training services before the introduction of the detailed rules, they should pay the risk deposit for unused courses.
The agreement performance risk deposit is mainly used to ensure that the training institution can perform the supervision agreement normally, transfer the full amount of the pre-charged funds to the special supervision account, and basically support the operation of the institution after the risk abnormality occurs, and all discipline training institutions must pay the agreement performance risk deposit.
With the policy in place, how to ensure its implementation?
According to the Detailed Implementing Rules, each district (city) county will also refine and improve the implementation measures for the supervision of pre-fees for off-campus training institutions in combination with the actual conditions of the region, include the supervision of pre-fees in the scope of daily supervision, special inspection, annual inspection and education supervision of training institutions, and establish a financial supervision mechanism at the municipal, district (city) and county levels.
For training institutions with financial chaos, capital changes, etc., the law enforcement departments will impose maximum penalties. At the same time, it will also implement the supervision of large amounts of funds in the special account of the training institution, and when the special account is abnormal, the custodian bank will immediately issue a risk warning to the education authority. After receiving the risk warning, the competent department of education will immediately carry out a special investigation and risk assessment with the relevant departments, and if it is found that it is suspected of violating the law or committing a crime, it will promptly report the case to the public security organ.
In addition, the credit rating database of discipline-based off-campus training institutions will be established, combined with financial supervision, daily school running, and comprehensive grading of annual inspection conclusions, and synchronous public announcement to promote the sustainable development of high-quality off-campus training institutions.
03
What are the features and highlights of the Detailed Implementing Rules?
Full inclusion
Achieve the purpose of "taking care of both end and end" supervision
The full amount of the pre-fee of discipline-based off-campus training institutions is included in the scope of supervision, including the pre-fee funds that have been collected before the issuance of the "Detailed Implementing Rules" but have not completed the training services. It is clear that all the pre-fees charged by training institutions to trainees must enter the pre-fee supervision account, and the whole process of supervision such as capital inflow, capital precipitation, and fund transfer is clarified one by one, and clear requirements are put forward from the aspects of pre-fee specifications, pre-fee custody, refund norms, and relevant government departments' regulatory responsibilities, and build an institutional "firewall".
Try first
Innovate a "two-pronged" approach to regulation
As a "double reduction" pilot city, Chengdu has given full play to the spirit of "try first", and pioneered the "two-pronged" supervision method among pilot cities in the country. Adopt the method of bank custody and risk margin in parallel to conduct comprehensive supervision of off-campus training institutions' pre-fees. To the greatest extent, the risk mitigation effect of the risk margin is maximized, and the financial safety of students and parents is guaranteed to the greatest extent.
Dynamic inspection
Establish "credit incentive" reward and punishment mechanisms
Each year, 10%-20% of institutions are randomly selected, and districts (cities) and counties are instructed to supervise and supervise their pre-fee supervision work from time to time, and combined with the comprehensive grading evaluation of the institution's daily school running and annual inspection results, the results are included in the credit rating database of discipline-based training institutions and announced to the public at the same time. Do not engage in "one-size-fits-all", encourage the exploration of "high quality and low amount" quota adjustment mechanism, promote the sustainable development of high-quality institutions, and meet the diversified needs of citizens.
(According to Chengdu)