深圳经济特区学前教育条例
Regulations of Shenzhen Special Economic Zone on Preschool Education
(Adopted at the 10th Session of the Standing Committee of the 7th People’s Congress of Shenzhen Municipality on June 23, 2022)
Chapter I General Provisions
Article 1 To safeguard the rights of preschool children at appropriate age to receive preschool education, provide high-quality and balanced preschool education up to high standards, and ensure good education for young children, these Regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and in light of the actual needs of Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to preschool education and related activities that are conducted within Shenzhen Special Economic Zone.
Preschool education as mentioned in these Regulations refers to childcare and education offered by preschool education institutions, such as kindergartens, to preschool children who are at least three years old before they go to primary school.
Preschool institutions that offer childcare and education to children aged from two to three through nursery classes shall refer to these Regulations.
Article 3 Preschool education marks the beginning of school education. It is an important part of national education and social welfare.
In advancing preschool education, we shall adhere to socialist characteristics based on government leadership and social participation. By establishing public kindergartens and supporting private kindergartens, municipal and district people’s governments provide quality and inclusive preschool education for preschool children and thus form an inclusive, quality and diversified preschool education system.
Article 4 Preschool education shall adhere to the principles of children-first and equal development, safeguard the rights and interests of children as much as possible and promote their healthy and happy development according to their physical and mental development stages.
Article 5 Shenzhen Municipal People’s Government shall make overall plans for preschool education in Shenzhen Municipality. The district people’s government shall bear the primary responsibilities for developing preschool education, rationally allocate resources, promote the coordinated development of various preschool education institutions within its jurisdiction and enhance regional preschool education.
Municipal and district people’s governments shall establish a joint meeting system, under which the person in charge shall be the convener while relevant authorities shall be members, in order to solve issues related to preschool education in a coordinated manner.
Article 6 The municipal education authorities shall take charge of preschool education in Shenzhen Municipality, conduct overall administration and coordinate and guide preschool education in all districts. The district education authorities shall take charge of preschool education within their jurisdictions.
The authorities of institutional establishment, development and reform, public security, civil affairs, finance, human resources and social security, planning and natural resources, housing and construction, health, market supervision, and urban management and comprehensive law enforcement shall, in accordance with their respective duties, work hard to improve preschool education.
Article 7 Parents and other guardians of preschool children shall raise and educate children according to the law, ensure a good family atmosphere and provide reasonable family education.
Article 8 The whole society shall support preschool education according to the law and ensure a friendly social environment for preschool children to receive preschool education and grow healthily.
People’s organizations such as trade unions, the Communist Youth League (CYL), women’s federations and disabled people’s federations shall support preschool education in accordance with their respective duties.
Enterprises, public institutions, other social organizations, industrial parks and communities shall be encouraged to establish preschool education institutions and offer nursery classes.
Individuals, enterprises, public institutions and other social organizations shall be encouraged to fund preschool education institutions such as kindergartens.
Chapter II Preschool Children
Article 9 According to the law, preschool children shall enjoy safety, health, respect, protection and care, as well as equal rights to education, rest, play, recreation, and family and social life. Preschool children with special needs shall have the right to receive special education and care according to the law.
Preschool education institutions shall safeguard various rights of preschool children according to the law, respect their personalities, treat them equally, ensure a safe and friendly environment for their growth, and protect them from discrimination, abuse and neglect.
Article 10 Preschool education institutions shall cultivate and uphold the socialist core values. The following qualities and basic abilities of preschool children shall be cultivated to promote their harmonious and comprehensive development physically and psychologically:
1. Respecting parents and teachers, being polite, confident, generous and sympathetic, getting along well with peers, and abiding by basic norms in the daily life;
2. Having interest in various research fields, good abilities to learn new things, express themselves, communicate, acquire experience and solve basic problems;
3. Being healthy, enjoying sports and having a healthy lifestyle, basic gender awareness, knowledge of safety and abilities to protect themselves;
4. Having basic aesthetic knowledge, being able to feel and appreciate beautiful things in life and having basic interests and abilities to express and create beauty;
5. Loving labor, respecting workers, enjoying collective activities, proactively doing housework in their power, basically taking care of themselves in daily life and doing labor.
Article 11 Municipal and district people’s governments shall establish a subsidy system for preschool education, to support inclusive preschool education for children from poor families, children with special needs, orphans, unsupported children and children of martyrs.
Municipal and district people’s governments shall, based on the type, number and distribution of preschool children with special needs, initiate policies and measures to guarantee special preschool education and encourage and support special education schools, child welfare institutions and rehabilitation institutions to provide preschool education.
Article 12 Preschool education institutions shall not organize commercial activities, competitive activities or other activities beyond their age or physical or mental abilities.
Article 13 Parents and other guardians of preschool children shall establish correct educational concepts, know scientific parenting methods, set a good example to children, provide more companion for children, and take responsibility for families.
Chapter III Kindergartens
Article 14 Shenzhen Municipal People’s Government shall incorporate preschool education into its national economic and social development plans. The district people’s government shall make an overall plan for the establishment of kindergartens. The land for kindergartens shall be included in the national land and space plans of Shenzhen Municipality.
Article 15 The municipal education authorities shall, according to the municipal population, the demand for kindergartens and their nursery classes, and the number, structure and distribution of existing kindergartens, formulate unified municipal development plans for kindergartens together with the municipal development and reform authorities and publish them to the public after approval by Shenzhen Municipal People’s Government.
Article 16 Kindergartens include inclusive kindergartens and non-inclusive kindergartens, while inclusive kindergartens include public kindergartens and inclusive private kindergartens.
Public kindergartens as mentioned in these Regulations refer to kindergartens that have been approved by the municipal or district people’s government or the education authorities in accordance with the prescribed conditions, procedures and power and have registered as legal persons with the institutional establishment authorities.
Inclusive private kindergartens as mentioned in these Regulations refer to private kindergartens that receive government subsidies and charge childcare and education fees no higher than the highest fees stipulated by the local district people’s government for inclusive kindergartens.
Non-inclusive kindergartens as mentioned in these Regulations refer to private kindergartens that are established by enterprises, other organizations or natural persons by using property other than financial funds and other state-owned assets, and charge childcare and education fees according to market standards.
Article 17 Inclusive kindergartens shall be established according to the municipal plans for kindergartens, national land and space.
Kindergartens as supporting public service facilities included in public administration and the construction plans of public service facilities shall go through the land supply formalities according to related provisions. Their land areas, construction periods and ownership holders shall be specified in the decisions on allocating state-owned construction land and the contracts for transferring the rights of land use. The construction land of the kindergartens whose ownership belongs to the government shall be allocated by the government.
The authorities of planning and natural resources shall specify the construction scale of supporting public service kindergarten in the residential land plan and solicit opinions from the education authorities on the design scheme of the kindergarten before issuing the planning license for construction projects.
After meeting the needs for inclusive preschool education in the district, social participants can obtain land for kindergartens not as supporting public service facilities through bidding, auction or listing and establish non-inclusive kindergartens.
Article 18 Kindergartens as public service supporting facilities shall be established as inclusive kindergartens, while those whose ownership belongs to the government shall be established as public kindergartens.
Kindergartens as public service supporting facilities shall be synchronously planned, designed, constructed and inspected for acceptance with the projects they belong to. Where the projects are developed and constructed in phases, the kindergartens shall be constructed in the first phase and inspected for acceptance with the main projects of the first phase at the same time.
Kindergartens as public service supporting facilities shall be transferred after renovation by the development parties. The renovation plans shall be submitted to the education authorities for review. When transferred, the kindergartens shall meet decoration standards and requirements for normal kindergartens.
Article 19 If a residential district does not have any kindergarten as public service supporting facility or has no plan to build one, or the plan does not satisfy the demand for such kindergartens, the local people’s government shall, in light of the demand for kindergartens and nursery classes, build new kindergartens as public service supporting facilities nearby or rebuild old ones, and shall arrange land for kindergartens as public service supporting facilities through replacement, purchase, or rental.
Article 20 The development parties of kindergartens as public service supporting facilities shall, within three months from the date of registering completion and acceptance, hand over the premises, ancillary facilities and related documents to the local district people’s government and cooperate with ownership registration.
Article 21 Kindergartens shall be constructed according to relevant design codes and construction standards of kindergartens. Their premises shall be separated from nearby buildings.
The buildings, facilities and equipment of kindergartens shall be barrier-free.
Article 22 To establish a kindergarten, the following basic conditions shall be met:
1. The kindergarten has an organizational structure and articles of association;
2. The kindergarten has proposed principal, teachers, childcare workers, healthcare personnel, financial personnel, security personnel and logistics service personnel who meet related standards;
3. The kindergarten has premises, childcare and education venues, facilities and equipment that meet related standards;
4. The kindergarten has a suitable curriculum with supporting courses;
5. The kindergarten has sufficient and stable funds;
6. Other conditions stipulated by laws and regulations.
Article 23 To establish a private kindergarten, in addition to the requirements stipulated in Article 22 of these Regulations, the founder shall apply to the local education authorities according to the law for a business license.
The founder of a private kindergarten may choose to set it up as a non-profit or for-profit private kindergarten. For a non-profit private kindergarten, the founder shall, according to the law, apply to the local civil affairs authorities for the registration of qualifications, while for a for-profit private kindergarten, the founder shall, according to the law, apply to the local market supervision authorities for the registration of qualifications.
A private kindergarten shall not enroll any student until it has obtained the permit and completed the registration of qualifications.
Measures for the categorized administration of for-profit and non-profit private kindergartens shall be formulated by Shenzhen Municipal People’s Government.
Article 24 Where a kindergarten establishes a new branch, it shall go through the formalities according to the provisions for establishing a new kindergarten.
If a kindergarten changes any approval or registration item, it shall apply to the original approval or registration authority for the change according to the law.
If a kindergarten closes down, it shall be liquidated according to the law, make proper arrangements for the children and childcare and education workers, hand over the business license to the original approval authority and apply to the original registration authority for cancellation of registration according to the law, which shall be disclosed to the public in accordance with related regulations.
Article 25 The articles of association formulated by a kindergarten in accordance with relevant provisions shall include the nature, purpose, orientation, management system, source of funds, organizational structure, decision-making mechanism, management system and supervision mechanism of the kindergarten.
Article 26 Under any of the following circumstances, the business license shall not be granted to establish a kindergarten:
1. The founder has no or limited capacity for civil conduct;
2. The founder is deprived of political rights or has a criminal record;
3. The founder is rated as a seriously dishonest party according to laws and regulations;
4. The founder has a record of any behavior endangering children’s physical and mental health such as maltreatment, sexual assault, sexual harassment, drug abuse, gambling or alcoholism;
5. Other circumstances that may endanger the health of preschool children, infringe upon the legitimate rights and interests of the kindergarten and make it inappropriate to establish a kindergarten.
Article 27 Public kindergartens shall not be transformed into private kindergartens, nor establish or join the establishment of private kindergartens or other educational institutions.
No organization or individual shall change the nature or purpose of kindergartens as public service supporting facilities without authorization or establish or join the establishment of private kindergartens with financial funds or other state-owned assets.
Article 28 Kindergartens shall not be listed directly or indirectly as enterprise assets in the stock market.
Social capital shall not be used to control public kindergartens or non-profit private kindergartens by means of mergers, acquisitions, entrusted management, franchising, using variable interest entities, or agreed control.
Article 29 Kindergartens shall formulate sound financial and asset management systems according to the law, and shall not withhold, misappropriate or encroach upon funds such as food expenses for preschool children. They shall also carry out annual financial audits, disclose financial information according to laws and regulations and accept government and social supervision.
Chapter IV Childcare and Education Workers
Article 30 The municipal education authorities shall, together with relevant authorities, design standards for establishing posts in a kindergarten.
The kindergarten shall, according to the standards of establishing posts and in light of its scale and type, reasonably recruit management, childcare, education and logistics service personnel. It shall also recruit part-time or full-time teachers for mental health education. If it enrolls preschool children with special needs to learn in regular classes, it shall recruit special education teachers.
Shenzhen Municipal People’s Government shall formulate administrative measures on childcare and education workers of public kindergartens, and establish sound systems for verifying the total number of employees, post establishment, personnel recruitment, salary distribution and post assessment. Public kindergartens shall control the total number of childcare and education workers, which shall be. dynamically adjusted by the institutional establishment authorities according to the development of preschool education.
Article 31 The principal of a kindergarten shall hold a bachelor’s degree or a higher one, more than five years of experience as a kindergarten teacher or manager and a teaching certificate, and have completed the principal training organized by the education authorities with the qualification certificate.
The teacher of a kindergarten shall hold a junior college degree or a higher degree and a kindergarten teaching certificate.
The childcare worker of a kindergarten shall have received high school education or higher education and received vocational training as a childcare worker.
The teacher of a kindergarten engaged in special education shall have specialized knowledge and skills related to special education.
The healthcare worker of a kindergarten shall meet the occupational requirements prescribed by the health authorities.
Other personnel shall have corresponding qualifications for their posts.
Article 32 An open recruitment system shall be implemented to recruit principals, teachers and childcare workers for inclusive kindergarten.
Kindergartens shall adopt the principal accountability system. Principals of public kindergartens shall be appointed by the education authorities, while those of private kindergartens shall be appointed independently by the kindergartens and reported to the education authorities for record.
Current managers of primary schools, secondary schools and colleges shall not serve as principals or legal representatives of kindergartens.
Article 33 The municipal education authorities shall, together with relevant authorities, formulate the salary guidelines for childcare and education workers in kindergartens.
The salary of childcare and education workers in public kindergartens shall be guaranteed by government funds. The salary of public kindergarten teachers whose total number is under control shall be reasonably determined with reference to the average salary of primary and secondary school teachers under the same conditions.
Childcare and education workers engaged in special education in full time shall enjoy allowances for special education posts according to the law.
Article 34 Childcare and education workers in kindergartens shall take health examinations according to the provisions of the health authorities and shall not take up their posts until obtaining a health certificate. In addition, they shall take health examinations at least once a year during their incumbency.
Those who, during their incumbency, suffer from infectious diseases or other diseases that make it not suitable for them to engage in preschool education shall leave their posts immediately for treatment.
Article 35 No kindergarten shall hire any of the following persons:
1. A person who has criminal records;
2. A person who has received public security punishment or administrative sanction for child maltreatment, sexual assault or sexual harassment;
3. A person who has a record of drug abuse, alcoholism or gambling ;
4. A person who suffers from mental illness, has a history of mental illness or suffers from other diseases that make it not suitable for him to engage in preschool education;
5. A person who violates professional ethics or professional requirements;
6. Other circumstances that may endanger the health of children and make it not suitable for him to engage in preschool education.
If a kindergarten knows or shall know that any person it has hired falls into any of the circumstances specified in the preceding paragraph, it shall dismiss such a person according to the law.
Article 36 The education authorities shall design training plans for childcare and education workers in kindergartens and establish training service systems to ensure various vocational training.
Colleges under the direction jurisdiction of Shenzhen Municipal People’s Government shall, according to the needs of preschool education in Shenzhen Municipality, improve the professional curriculum of preschool education, optimize the training mode, and train well-qualified childcare and education workers for kindergartens in Shenzhen Municipality.
Kindergartens shall organize and encourage childcare and education workers to pursue continuing education.
Childcare and education workers in kindergartens shall receive continuing education according to related provisions and constantly improve their childcare and education skills.
Chapter V Childcare and Education
Article 37 Kindergartens may divide children into different classes according to their ages. The number of children in each class shall not exceed the limit prescribed by Shenzhen Municipality.
Article 38 Kindergartens shall combine childcare with education, care for all preschool children, respect their differences and provide games that can help them lay a foundation for their lifelong development in terms of lifestyle, awareness of rules, learning ability, emotions, self-awareness and aesthetics, and gain experience beneficial to their physical and mental development in happy childhoods.
Article 39 Kindergartens shall formulate reasonable schedules for preschool children and ensure their dietary nutrition, physical exercises, health examinations, hygiene and disease control so as to promote their physical and mental health.
The time of outdoor activities for preschool children in kindergartens shall not be less than two hours a day and can be adjusted in case of improper weather.
The community health service institution shall establish cooperative relationship with the kindergartens within its jurisdiction, and guide and regulate the health management of kindergartens. Kindergartens shall establish systems for children’s health examinations and set health records for children, organize daily morning check-ups and regular physical examinations, analyze and evaluate the health of preschool children regularly, and timely feed back the results to parents. Parents and other guardians of preschool children shall cooperate with kindergartens to ensure the health of preschool children.
Article 40 Kindergartens shall ensure safe and clean food and drinking water for preschool children, prepare a balanced diet for them according to the standards of nutritional meals for preschool children, and regularly calculate and analyze their food and nutritional intakes. Kindergartens shall disclose the test results of drinking water quality to the public regularly and children’s diets to parents every week. They shall not arbitrarily change the diets or reduce or replace the varieties of ingredients in the disclosed diets.
Kindergartens shall check and assess the diets and nutrition of preschool children at least once every semester, and disclose the investigation and assessment results to parents.
Kindergartens shall implement a companion system for meals, under which the principals or deputy principals shall take each meal with children and make records. Kindergartens shall establish systems for parent committees to join children’s diet management, and shall regularly invite parents to supervise the canteens and meals.
Article 41 Kindergartens shall, according to relevant regulations and under the guidance of relevant authorities and professional institutions, conduct safety education on preschool children and carry out necessary emergency drills such as self-rescue, mutual rescue and emergency evacuation with the aim of enhancing the self-protection awareness and ability of preschool children.
Article 42 Kindergartens shall, according to the guidance documents on preschool education curriculum released by the State, Guangdong Province or Shenzhen Municipality, formulate curriculum implementation plans that embody the Chinese fine traditional culture, the characteristics of Shenzhen Municipality, and satisfy the needs of preschool children. The selected curriculums shall be examined and approved by the education authorities according to related provisions.
Article 43 Kindergartens shall, according to characteristics of preschool children’s physical and mental development and learning, carry out life-oriented, game-based and diversified collective, group or individual educational events flexibly, try their best to help preschool children gain experience through direct perception, actual operation or personal experience, and ensure their good behaviors, emotions, attitudes and learning abilities.
Kindergartens shall not teach children in the same way as primary schools, teach primary education content, assign homework or test on primary education knowledge, or hold any interest classes, specialty training classes or experimental classes for advanced education or targeted intensive training.
Article 44 Kindergartens shall ensure living and activity environments that meet the needs of preschool children for perception, experience and exploration, arrange open and diversified activity spaces, provide necessary conditions flexibly and rich and appropriate materials for their games, and ensure their sufficient playtime.
Kindergartens shall be equipped with toys, teaching aids and reading materials that are suitable for preschool children and conform to relevant safety, quality and environmental protection standards. Teachers shall be encouraged to make toys and teaching aids by using natural resources.
Kindergartens shall be encouraged to enrich and expand their educational resources based on the favorable conditions in communities.
Article 45 Childcare and education workers shall not commit any of the following acts:
1. Discriminating, insulting, intimidating, abusing, sexually assaulting, sexually harassing or physically punishing preschool children in any form or inciting other people to commit any of such acts;
2. Propagating terror, violence, superstition or pornography among preschool children;
3. Showing images that shall not be shown to preschool children;
4. Asking preschool children and their parents to order textbooks or teaching aids, promoting goods or services in any form or making profits by using their posts;
5. Demanding money, property or convenience unrelated to childcare and education from preschool children’s parents in any form or detaining or taking away preschool children’s articles;
6. Disclosing the personal information of preschool children or their family members obtained in the course of childcare and education;
7. Other acts that infringe upon the rights of preschool children, such as harming their health.
Article 46 The education authorities shall formulate guidelines on the transition from kindergarten to primary school and shall establish coordination mechanisms among kindergartens, primary schools and families.
Kindergartens and primary schools shall establish joint teaching and research systems, carry out two-way coordination and jointly help preschool children prepare for and adapt to primary school, so as to help them transit from kindergarten to primary school successfully.
Article 47 Preschool education institutions such as kindergartens shall strengthen their contact and cooperation with families and communities to jointly ensure a good environment for the healthy growth of preschool children.
It shall be encouraged to use available activity spaces in communities to expand activity spaces for preschool children so as to support kindergartens in childcare and education.
Article 48 Kindergartens shall keep in touch with parents. They shall regularly feed back to them their children’s learning, development, childcare and education activities by holding parents’ meetings, establishing parents’ open days, allowing parents to assist teaching, making home contact books or using online platforms.
Kindergartens shall set up parent committees, which shall put forward opinions and suggestions on important decisions of kindergartens and matters concerning vital interests of preschool children, support childcare and education of kindergartens, and assist kindergartens in strengthening family education guidance and exchanges.
Kindergartens shall provide scientific parenting guidance and training for parents or other guardians of preschool children no less than twice a semester.
Article 49 Parents or other guardians of preschool children shall cooperate with and support kindergartens in childcare and education activities, and join scientific parenting guidance and training held by kindergartens.
Parents or other guardians of preschool children shall truthfully inform kindergartens of the children’s special information, such as special physical information, specific diseases or abnormal psychological conditions.
Article 50 Kindergartens shall not discriminate against preschool children with special needs who are able to receive general education.
Inclusive kindergartens shall not refuse preschool children who have special needs but are able to receive general education. Where kindergartens and parents have disputes over whether preschool children who have special needs but are able to receive general education, they may entrust professional organizations for assessment.
Inclusive kindergartens shall be equipped with necessary special education teachers and classrooms, design appropriate courses for preschool children with special needs who learn in regular classrooms and carry out integrated education scientifically.
Chapter VI Safeguard and Supervision
Article 51 Municipal and district people’s governments shall, according to the principle of sharing education costs reasonably during non-compulsory education and the standards of providing inclusive services, establish mechanisms in consistent with kindergartens’ management systems to guarantee sufficient preschool education funds, such as allocated funds, fees, subsidies, rewards or allowances.
Municipal and district people’s governments shall safeguard preschool education funds by incorporating them into the financial budgets at the same level.
Article 52 Water, electricity and gas used by kindergartens shall be charged according to corresponding residential prices.
Property service enterprises shall charge kindergartens property management fees according to the actual property services provided. Where the property management fees of kindergartens as public service supporting facilities in communities are reduced or waived, such a situation shall be stipulated in the property service contracts signed between kindergartens as public service supporting facilities and property service enterprises in communities.
Article 53 Municipal and district people’s governments shall make overall plans to enhance the capacities of childcare and education workers, train or introduce outstanding childcare and education workers, incorporate their training in the talent policy system of Shenzhen Municipality, and grant preferential treatment for talents in Shenzhen Municipality according to relevant regulations.
Article 54 Admission to inclusive kindergartens shall be solely based on the proximity of preschool children’s homes to the kindergartens without any examination. Except for health examinations, admission and division of preschool children into different classes shall not be subject to any form of examination or assessment.
The education authorities shall supervise the whole process of kindergartens’ admission of preschool children.
Article 55 Kindergartens shall protect the safety of preschool children in the kindergartens, establish sound safety management systems, carry out regular safety drills, and improve safety control measures and emergency mechanisms for childcare and education.
The equipment and maintenance of kindergarten facilities and equipment shall comply with relevant laws and regulations. It is prohibited to construct any building or install any facility with potential safety risks in a kindergarten.
Kindergartens shall design rules for authorizing drug administration on sick preschool children. Without the consent or written authorization of parents or other guardians of preschool children, kindergartens shall not give drugs to preschool children.
Article 56 Kindergartens shall build a public safety video and image information system covering their important entrances and exits, main passages, kitchen areas, childcare and education activity areas, which shall conform to the installation and management standards of public safety video and image information systems in Shenzhen Municipality.
The information collected by the public safety video and image information system of kindergartens shall be kept by kindergartens for no less than 90 days.
Those who consult, photograph, copy or get access to the information collected by the public safety video image information system of kindergartens shall follow relevant regulations of Shenzhen Municipality on the public safety video image information system.
Article 57 Catering services for kindergartens shall be carried out according to the principles of public welfare, independent operation and self-management and shall not be contracted.
A kindergarten providing catering services shall obtain a food business license according to the law and provide catering services within the permitted category and validity period. If the condition of catering services changes or the kindergarten fails to meet food safety requirements, the kindergarten shall immediately make corrections. If there is any potential risk of a food safety accident, the kindergarten shall stop its catering services immediately and report to the district market supervision authorities and the district education authorities promptly.
Except for pre-packaged food, the food for preschool children in kindergartens shall be processed and supplied by kindergarten canteens in principle. If it is necessary to buy meals from outside, kindergartens shall report to the education authorities for record, and strictly follow relevant regulations on outsourced group catering services.
Article 58 The district people’s government shall establish a platform to integrate preschool education resources, support kindergartens in integrated education, provide teacher training and supportive services for kindergartens that carry out integrated education, and strengthen the supervision over rehabilitation education for preschool children with special needs.
People’s organizations such as women’s federations and disabled persons’ federations shall guide and promote family education for preschool children and early education for preschool children with special needs. They shall also work hard to help preschool children who have suffered physical or mental injuries because their parents or other guardians improperly perform their duties of childcare education.
Article 59 The education authorities shall strengthen the administration, supervision and guidance of preschool education, and support teaching, research, teacher training and educational supervision in light of the scale of preschool education.
Article 60 The educational supervision authorities of Shenzhen Municipal People’s Government shall supervise relevant functional authorities at the same level and the district people’s government in fulfilling their duties to develop and regulate preschool education. The educational supervision authorities under the district people’s government shall regularly supervise government departments at the same level and all kinds of kindergartens within the district.
Supervision reports made by the educational supervision authorities under Shenzhen Municipal People’s Government and the district people’s government shall be made public.
Article 61 The municipal education authorities shall formulate sound systems for evaluating childcare and education services of kindergartens according to the guidelines and standards specified by the State or Guangdong Province on evaluating childcare and education services of kindergartens, especially their reasonable childcare and education services, standardized operations, efforts to ensure the safety and health of preschool children, worker training, and tendency of teaching primary school knowledge.
The educational supervision authorities under Shenzhen Municipal People’s Government shall design quality monitoring and evaluation standards, and corresponding systems for childcare and education quality of kindergartens in Shenzhen Municipality.
The educational supervision authorities under the district people’s government shall regularly invite or authorize professional third-party institutions to monitor and evaluate the childcare and education services of kindergartens within the district and disclose the evaluation results to the public.
Article 62 The district education authorities shall, to the public every year, publish and timely renew the basic information of kindergartens in the district, including the qualifications and number of childcare and education workers, admission requirements, fees, curriculum, funds received and expenditures and the results of childcare and education quality monitoring and evaluation.
Kindergartens shall establish information management systems to collect, update and submit related information about them according to relevant regulations and submit statistical information to the education authorities every year.
Article 63 Urban planning shall be made in light of the development of preschool children. Communities and newly renovated or expanded public spaces shall be equipped with safe, high-quality and accessible activity spaces and venues.
Article 64 Public service facilities such as public museums, libraries, art galleries, science and technology museums and parks shall provide public welfare services for kindergartens and preschool children and be open to preschool children free of charge or at preferential rates in accordance with relevant regulations.
Social organizations and public cultural institutions shall carry out activities that can benefit the health of preschool children, avoid low content which is not appropriate for children, and ensure the safety of preschool children during the activities.
Article 65 Efforts shall be made to encourage the creation, publication, production and dissemination of books, newspapers, periodicals, films, radio and TV programs, stage art works, audio and visual products and electronic publications that can promote the healthy growth of preschool children.
No organization or individual may broadcast, post or disseminate films, TV programs, books, or online games that may harm the health of preschool children in public places and public announcement areas in residential areas, or broadcast, post or distribute commercial advertisements in kindergartens, or use the clothes or teaching materials of kindergartens to publish commercial advertisements in any form.
Article 66 All sectors of society and media outlets shall be encouraged to supervise preschool education activities.
Every organization and individual shall have the right to complain or report to the education authorities or other functional authorities on violations in preschool education. The education authorities or other functional authorities shall promptly investigate and deal with such complaints.
Chapter VII Legal Liabilities
Article 67 Where the authorities of preschool education or their workers, in violation of the provisions of these Regulations, fail to perform their duties for developing and administering preschool education, they shall be ordered to make corrections within a time limit by the superior or competent authority. The person directly in charge and other persons directly responsible shall be punished according to the law.
Article 68 Organizations that build kindergartens as public service supporting facilities and violate the second paragraph of Article 18 of these Regulations shall be ordered by the authorities of planning, natural resources and housing and construction to make corrections within a time limit. Those who have passed the completion and acceptance registration for real estate development projects shall have their registration canceled by the housing and construction authorities. Those who have obtained a pre-sale permit for commercial houses shall be ordered to stop selling commercial houses and fined less than 1% of the total price of the houses sold.
Article 69 Organizations that build kindergartens as public service supporting facilities and violate Article 20 of these Regulations shall be ordered to make corrections within a time limit by the housing and construction authorities. Those who fail to hand over the premises, ancillary facilities or related documents within the time limit shall have the premises, ancillary facilities or related documents recovered by the local people’s government according to the law and shall be fined according to no less than one time but no more than three times of the construction costs of the premises or ancillary facilities by the housing and construction authorities.
Article 70 Those who violate Article 23 of these Regulations and establish a private kindergarten without permission or registration shall be ordered to make corrections within a time limit by the subdistrict office. Those who fail to make corrections within the time limit shall have their illegal gains confiscated and fined no less than one time but no more than five times their illegal gains.
Article 71 The founder and actual controller of a private kindergarten, under any of the circumstances prescribed in Article 26 of these Regulations, shall be ordered by the education authorities to stop construction within a time limit. If they fail to stop construction within the time limit, the business license shall be revoked.
Article 72 Kindergartens that violate Article 35 of these Regulations shall be ordered by the education authorities to make corrections within a time limit and fined 20,000 yuan per person hired.
Article 73 If a childcare and education worker does any act specified in Article 45, the education authorities shall order him to make corrections, give oral warnings, circulate a notice of criticism, take disciplinary measures or order the kindergarten to deal with them. If the circumstances are serious, he shall be dismissed according to the law. If he holds a teaching certificate, his certificate shall be revoked and he shall be included in the blacklist of teacher candidates. If a crime is constituted, criminal responsibility shall be investigated according to the law.
If a childcare and education worker does any act specified in Article 45, the education authorities shall give warnings, circulate a notice of criticism and take disciplinary measures against the person in charge of the kindergarten. The principal who shall assume the major responsibility due to poor supervision and serious consequences is not allowed to serve as principal for five years.
If a childcare and education worker does any act specified in Article 45, the kindergarten is not allowed to join the evaluation for any honor and award within one to three years. If the circumstances are serious, it shall be ordered to stop enrolling students and have its business license revoked.
Article 74 A kindergarten that violates the provisions of these Regulations and does any of the following acts shall be ordered to make corrections by the education authorities. Those who refuse to make corrections shall be fined no less than 5,000 yuan but no more than 30,000 yuan. Any illegal gains shall be confiscated. If the circumstances are serious, the kindergarten shall be ordered to stop enrolling students, its business permit shall be revoked, and the person directly in charge and other persons directly responsible shall be punished according to the law. If any personal injury, property loss or other loss is caused, it shall bear civil liabilities according to the law. If a crime is constituted, criminal liabilities shall be investigated according to the law:
1. Failing to make the childcare and education venues, facilities, equipment, articles, appliances, toys or teaching aids provided in compliance with relevant regulations, which may harm the health of preschool children or have potential safety risks;
2. Failing to staff itself with childcare and education workers according to relevant regulations;
3. Failing to pay the salary of childcare and education workers in full and on time;
4. Publishing false information about itself;
5. Conducting examinations and assessments on preschool children for admission and division of preschool children into different classes (inclusive kindergartens);
6. Teaching children in the same way as primary schools, teaching primary education content or carrying out other advanced education or intensive training;
7. Giving drugs to preschool children without authorization or arranging group drug use for preschool children without authorization;
8. Failing to meet food safety requirements and causing adverse effects on the health of preschool children;
9. Holding commercial events, placing commercial advertisements or arranging for preschool children to join commercial events;
10. Collecting fees in violation of relevant regulations, skimping, misappropriating or encroaching on the food expenses of preschool children.
Chapter VIII Supplementary Provisions
Article 75 Where preschool education institutions other than kindergartens carry out preschool education activities, these Regulations shall apply by reference.
If a kindergarten is established in accordance with relevant regulations on schools for the children of foreigners, those regulations shall prevail.
Article 76 These Regulations shall enter into force on September 1, 2022.
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