Administrative Measures of Shenzhen Municipality on Noon Care Institutions Outside School, discussed and adopted at the 122nd Executive Meeting of the 4th Shenzhen Municipal People’s Government, are hereby promulgated and shall come into force as of March 1st, 2009.
Mayor Xu Zongheng
Dec 31st, 2008
Administrative Measures of Shenzhen Municipality on Noon Care Institutions Outside School
Chapter One General Provisions
Article 1 In order to regulate and strengthen the management of noon care institutions outside school in this municipality, promote the safe growth of students and their mental and physical health in primary/secondary schools, taking into account the actual situations of this municipality, these measures are hereby formulated in accordance with relevant laws and regulations.
Article 2 These measures shall be applicable to services and related activities which involve noon care services outside school within the administrative jurisdiction of this municipality. The noon care institutions outside school referred to in these measures shall be those institutions which, entrusted by the guardians of primary/secondary school students, provide lunch, rest places or other public service activities outside school for primary/secondary school students after morning classes and before afternoon classes.
Article 3 The noon care institutions outside school shall abide by the basic principles of setting up according to law, managing normatively, ensuring safety and providing services for commonwealth.
Article 4 The administrative department of education shall be the department in charge of the business of noon care institutions outside school. The municipal administrative department of education shall carry out the investigation and research, formulation, organization of the implementation and supervision of the policies on noon care institutions outside school in this municipality. The district administrative departments of education shall be responsible for the policy implementation, examination to the establishment of noon care institutions and the supervision within their respective jurisdictions.
Article 5 The district people’s governments and sub-district offices shall be responsible for the daily management and coordination of noon care institutions outside school within their respective jurisdictions.
The administrative department of civil affairs shall be responsible for the registration management of noon care institutions outside school according to law.
The administrative department of health shall be responsible for the hygiene approval and supervision of noon care institutions outside school which provide self-catering lunch according to law.
The firefighting department of public security shall be responsible for the firefighting inspection, acceptance and supervision of noon care institutions outside school according to law.
The supervision department of food and drugs shall be responsible for organizing and coordinating the investigation and processing of major food safety accidents involving noon care institutions outside school according to law.
The comprehensive law enforcement department of sub-district offices shall be responsible for the investigation and handling of the undocumented and unregistered noon care institutions outside school.
The local police stations shall be responsible for the security administration of noon care institutions outside school and the surrounding area within their jurisdictions according to law.
Other functional departments shall, in their respective areas of responsibility, do the relevant management work of noon care institutions outside school.
Chapter Two Approval and Registration
Article 6 The community neighborhood committees and external training institutions may establish noon care institutions outside school, which shall be included in the scope of community services.
In the demand-focused communities, the neighborhood committees shall use the community resources, by self-establishment, establishment via cooperation as well as other forms, to establish noon care institutions outside school to meet the needs.
Article 7 Enterprises, social organizations, other sectors of society and individual citizens (hereinafter referred to as the promoter) may set up noon care institutions outside school.
The individual citizens, who are this municipality’s permanent residents or have fixed residence in this municipality, shall be given precedence to establish noon care institutions outside school.
Article 8 The following conditions shall be met in order to establish a noon care institution outside school:
1. having a normative name and the necessary organizational structure;
2. having the necessary place, facilities and personnel appropriate to the noon care services;
3. being established with non-state-owned assets;
4. having at least 30,000 Yuan funds;
5. meeting the hygiene and firefighting conditions stipulated by laws, regulations and rules;
6. other conditions stipulated by laws, regulations and rules.
Article 9 The promoter of noon care institutions outside school shall obtain the hygiene administrative license according to laws, regulations and rules, except those with no self catering.
The places or buildings of noon care institutions outside school shall comply with the safe conditions stipulated by laws, regulations and rules of firefighting. Except the buildings which original function (purpose) is the accommodation or activity place for students of the corresponding age, other places or buildings converted to noon care institutions outside school shall legally obtain the firefighting administrative license.
The municipal administrative department of health and the municipal firefighting department of public security shall, jointly with the municipal administrative department of education, respectively formulate the guidelines of hygiene administrative licensing and firefighting administrative licensing for noon care institutions outside school within 3 months from the date of promulgation of these measures according to the laws, regulations and rules of hygiene and firefighting as well as taking into account the reality of this municipality. The two departments shall report the guidelines to the municipal government and implement them upon its approval.
Article 10 The promoter of a noon care institution outside school shall apply to the local district administrative department of education and submit the following documents:
1. the application report, which shall include the name, organization, personnel, food processing area, surrounding environment, the proposed number of students to be accepted, the internal management system, and the financing;
2. the name and address of the promoter;
3. the constitution of the institution;
4. valid verification documents for sources of assets, property rights and fund amounts;
5. verification documents for the ownership or use right of the places and facilities.
The hygiene administrative license shall also be submitted if it is required by the relevant regulations.
Article 11 After receiving the application, the district administrative department of education shall examine within 20 working days and inspect the proposed noon care institution outside school on the spot. If eligible, an approval document shall be issued and a limit on the number of students to be accepted shall be determined according to the situation including but not limited to the building area and personnel of the proposed institution. If ineligible, the promoter shall be informed in writing together with the reasons.
Article 12 After a proposed noon care institution outside school has been reviewed and approved by the district administrative department of education, its promoter may apply to the district department of civil affairs for registration of the private non-enterprise unit according to law, and shall submit the following documents:
1. the application for registration;
2. the approval document issued by administrative department of education;
3. verification documents for the ownership or right to use of the place;
4. the capital verification report;
5. the basic information and identity verification of the person in charge of the proposed institution;
6. the draft constitution.
Article 13 The district administrative department of civil affairs shall make the decision whether or not to grant registration within 60 days from the date of receiving the application.
If permitted, a Registration Certificate of the Private Non-enterprise Unit (Legal Person) or a Registration Certificate of the Private Non-enterprise Unit (Partnership) or a Registration Certificate of the Private Non-enterprise Unit (Individual) shall be issued.
Article 14 Only after having obtained the registration certificate of the private non-enterprise unit, the firefighting administrative license, the organization code certificate, and the tax registration certificate, a noon care institution outside school may start business.
Article 15 Noon care institutions outside school, which have one of the following situations, shall be reviewed and approved by the local district administrative department of education, and shall apply to the local district administrative department of civil affairs for the registration of changes:
1. the change of name or location;
2. the change of investors or capital;
3. the change of legal representative or principal responsible person;
4. the change of the scope of services;
5. the modification of the constitution.
If the hygiene or firefighting conditions are modified due to the change items in the preceding item, the hygiene administrative license or the firefighting administrative license shall also be obtained if it is required by the relevant regulations.
Article 16 When dissolved or needed to cancel registration due to other reasons, the noon care institution outside school shall submit the cancellation application to the registration authority and complete the liquidation in accordance with the relevant provisions on private non-enterprise units.
Chapter Three Service requirements
Article 17 Noon care institutions outside school shall establish various systems, enjoy the rights and fulfill the obligations in accordance with the relevant provisions on private non-enterprise units.
Article 18 Noon care institutions outside school shall be located below the third floor of the buildings. The buildings shall comply with the structural safety requirements, and shall not be the industrial factory buildings, basements, storage buildings or illegal constructions. The building area of the place of a noon care institution outside school shall be above 80 square meters, and the per capita building area for students shall be more than 4 square meters.
Article 19 The staff of noon care institutions outside school shall have no criminal records, physical health, no mental diseases, infectious diseases or other diseases that may affect students' health and safety.
Noon care institutions outside school shall each year arrange a physical examination for the staff. The staff members must hold health certificates issued by the health authority.
Article 20 Noon care institutions shall staff according to the number of students supported. Two or more staff members shall be equipped for less than 25 students; one staff member shall be added correspondingly for each additional 20 students.
Article 21 Noon care institutions outside school shall, in accordance with the laws, regulations and rules, strengthen health and fire safety management of the places.
Article 22 Noon care institutions outside school shall perform the following security safeguard obligations:
1. appointing special staff members to escort students, protecting students’ safety to noon care institutions and back to school;
2. when not meeting noon care students, promptly notifying students’ guardians and their schools as well as looking for them actively;
3. ensuring there are always staff members looking after the students during the lunch breaks;
4. providing prompt rescue and notifying noon care students’ guardians and their schools when an emergency occurs.
Article 23 Noon care institutions outside school shall perform the following hygiene management obligations:
1. ensuring the hygiene of the environment and living goods and taking strict precautions against infectious diseases;
2. ensuring the dining environment, dishware and other facilities conform to the health requirements and implementing individual serving;
3. providing reasonable diets, ensuring the nutrition conforms to the national standards set by the regulations on primary and middle school students’ nutrition, developing weekly recipes which shall be posted to the public in the dining places;
4. establishing a system of retention of food samples, and equipping with special vessels and facilities for retention of food samples;
5. providing no dishes which easily lead to food safety accidents such as cold meat or vegetable cold dishes.
Self-catering noon care institutions outside school shall purchase food and raw materials from formal channels, keep purchasing records for a month, and shall not purchase food and raw materials from unknown origins.
Noon care institutions outside school which are not self-catering shall purchase food from restaurants licensed by the administrative department of health or food production enterprises licensed by the administrative department of quality and technical supervision.
Article 24 Noon care institutions outside school shall ensure the safety and hygiene of food as well as prevent food poisoning and infectious diseases.
When a food poisoning, infectious disease or other hygiene emergency occurs, the noon care institution outside school shall, without delay, take measures to combat and prevent expansion, immediately report to the district administrative departments of health and education, together with notifying the students’ guardians and schools.
Article 25 Noon care institutions outside school shall prevent and avoid violence, protecting noon care students from harm.
Article 26 Noon care institutions outside school shall reasonably charge noon care fees and make public charge rates.
Article 27 Noon care institutions outside school shall make registration lists of students and submit the lists and identity verification documents of the special escort personnel to the students’ schools.
Article 28 Except in special circumstances, noon care institutions outside school shall not arrange vehicles to escort students.
Article 29 Noon care institutions outside school shall sign with the student’s guardian the Entrustment Agreement of Noon Care Service for Primary and Middle School Students, which shall state clearly the mandate, charge rates, rights and obligations of both parties, as well as the responsibilities for breach of contract.
The Entrustment Agreement of Noon Care Service for Primary and Middle School Students is in two copies, each of which is held by the noon care institution and the student’s guardian respectively.
The model text of the Entrustment Agreement of Noon Care Service for Primary and Middle School Students shall be formulated by the municipal administrative department of education.
Article 30 Noon care institutions outside school shall be encouraged to purchase commercial insurances such as personal accident insurance, to scatter the various risks during the noon care time.
Article 31 In case a noon care institution outside school ceases the noon care service during the mandate stipulated in the entrustment agreement, it shall notice the students supported and their guardians 30 days in advance, return the remainder of the noon care fees and bear the corresponding liabilities for damages. In the same time, it shall report to the district administrative departments of education and civil affairs, describing the reasons to cease service and the reimbursement situation and so on.
Chapter Four Supervision
Article 32 District governments and their functional departments shall, strictly in accordance with the laws, regulations and provisions in these measures, strengthen supervision on noon care institutions outside school within their jurisdictions as well as investigate and process the problems discovered according to law.
Article 33 The administrative department of education shall, establish a coordination mechanism and a linkage mechanism among various management departments concerning noon care institutions outside school as well as establish a communication and reporting mechanism of management information.
Article 34 An annual inspection system shall be implemented. Noon care institutions outside school shall submit their annual report of the previous year to the district administrative department of education before March 31st each year, and submit the report to the district administrative department of civil affairs for annual inspection before May 31st of that year after the district administrative department of education agrees in the first instance.
The administrative departments of education, civil affairs, health and firefighting as well as other relevant administrative departments shall strengthen routine inspections of noon care institutions outside school. The aforementioned departments shall check the situation of how noon care institutions outside school carry out the relevant laws, rules and regulations on a regular and occasional basis.
Article 35 The administrative department of education shall announce on its website the lists and basic information of noon care institutions outside school which pass the review.
The administrative department of civil affairs shall announce on its website the information of registration and annual inspection of noon care institutions outside school.
Article 36 Community workstations shall include noon care institutions outside school into the community safety management system, assist the firefighting department of public security to supervise their safety, and report promptly to the local sub-district office when discovering a safety risk.
Article 37 Schools shall, within 1 month after the start of a new semester, find out the basic information about their students in noon care institutions outside school and report it to the local district administrative department of education. In addition, schools shall report the situation promptly to the local district administrative department of education and other relevant departments when discovering a safety risk or other problems which are detrimental to the students’ growth.
Article 38 It shall be prohibited for schools, their teachers and other staff members to establish noon care institutions outside school. It shall be prohibited for school teachers and other staff members to work part-time for noon care institutions outside school.
Article 39 Guardians of noon care students may complaint to the district administrative department of education or relevant functional departments in case a noon care institution outside school violates the provisions in these measures.
Article 40 After receiving a complaint from a noon care student’s guardian, the district administrative department of education and the relevant functional departments shall investigate in 10 working days and notice the result to the complainant in case the complaint is within the scope of their responsibilities. The relevant departments shall hand over the complaint to the competent department in 3 working days if the complaint is out of their scope of responsibilities and notice the complainant.
Chapter Five Legal liabilities
Article 41 In case a noon care institution outside school has violated the provisions of hygiene or firefighting laws, regulations and rules, it shall be punished by the administrative department of health or firefighting department of public security according to law.
Article 42 In case a noon care institution outside school has violated Article 18 of these measures, the local district administrative department of education shall order a correction, and also impose a fine of more than 2000 Yuan but less than 5000 Yuan.
Article 43 In case a noon care institution outside school has employed staff members in violation of Article 19 of these measures, the local district administrative department of health shall order a correction, and also impose a fine of more than 2000 Yuan but less than 5000 Yuan.
Article 44 In case a noon care institution outside school has staffed members in violation of Article 20 of these measures, the local district administrative department of education shall order a correction by a deadline; in case the correction has not been completed after the deadline, the local district administrative department of education shall impose a fine of more than 2000 Yuan but less than 5000 Yuan.
Article 45 In case a noon care institution outside school has violated Article 22 of these measures, the local district administrative department of education shall impose a fine of more than 2000 Yuan but less than 5000 Yuan; in case there is a serious consequence, a fine of 20000 Yuan shall be imposed.
Article 46 In case a noon care institution outside school, in violation of Article 28 of these measures, has arranged vehicles to escort noon care students, the traffic police department of public security shall order a correction, and also impose a fine of more than 2000 Yuan but less than 5000 Yuan; in case there is a serious consequence, a fine of 20000 Yuan shall be imposed.
Article 47 In case a noon care institution outside school, in violation of Item 1 of Article 29 of these measures, has not signed the Entrustment Agreement of Noon Care Service for Primary and Middle School Students with noon care students’ guardians, the local district administrative department of education shall order a correction by a deadline; in case the correction has not been completed after the deadline, a fine of more than 2000 Yuan but less than 5000 Yuan shall be imposed.
Article 48 In case a school, in violation of Article 37 of these measures, does not report the relevant situation to the administrative department of education, the department shall order a correction and also circulate a notice of criticism.
Article 49 In case school teachers or other staff members have violated Article 38 of these measures, the administrative department of education shall order a correction and also take disciplinary measures according to law.
Article 50 In case the hygiene administrative license or firefighting administrative license of a noon care institution outside school has been revoked due to violation of provisions on hygiene or firefighting management, the local district administrative department of education shall revoke the approval document according to law, and the administrative department of civil affairs shall revoke the registration of the private non-enterprise unit according to law.
Article 51 In case of a deception in applying or registering a noon care institution outside school, the approval department shall revoke the approval document according to law, and the administrative department of civil affairs shall revoke the registration of the private non-enterprise unit.
Article 52 In case a noon care institution has not been approved by the administrative department of education or has not been registered by the administrative department of civil affairs, the comprehensive law enforcement department of sub-district offices shall ban it according to law, and may seal up and detain its assets according to law.
Article 53 In case a noon care institution outside school has violated the provisions of regulations on private non-enterprise units, the administrative department of civil affairs shall impose punishment according to law.
Article 54 Any personnel of administrative authorities of noon care institutions outside school, who neglects of duty, practices irregular favoritism or performs duty not in compliance with these measures, shall be taken discliplinary measures according to law; in serious cases of alleged crimes, he shall be transferred to judicial organs to be investigated and prosecuted for criminal liabilities according to law.
Chapter Six Supplementary Provisions
Article 55 The institutions which provide afternoon care to students after school shall be managed referring to these measures.
Article 56 These measures shall take effect as of March 1st, 2009.
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