Article 1 In order to regulate the administration of out-of-school care (hereinafter referred to as "OSC") institutions in Shenzhen Municipality and promote the physical and mental health and safe growth of primary and middle school students in compulsory education (hereinafter referred to as students), these Measures are hereby formulated in accordance with the relevant laws and regulations and in light of actual circumstances.
Article 2 These Measures shall be applicable to the administration of OSC services and related activities within the administration area of Shenzhen Municipality.
The OSC institutions mentioned in these Measures refer to institutions sponsored by citizens, legal persons or other organizations that provide students with after-school care services outside schools such as meals, lunch break and after-school care under the entrustment of the guardians of students.
Article 3 The administration of OSC institutions shall follow the basic principles of law-based establishment, well-regulated administration, and safety guarantee.
Article 4 The municipal government shall establish a joint commission on the administration of student care services composed of the municipal educational administrative department in conjunction with the municipal departments of development and reform, finance, industry and information technology, market regulation, planning and natural resources, health, public security, civil affairs, urban administration and comprehensive law enforcement, housing construction, construction of public works, etc., in order to coordinate the administration of student care services and analyze and solve the major problems concerning the administration of student care services.
All districts (new districts) shall establish a communication and coordination mechanism for the administration of student care services to coordinate the administration of care services for students in compulsory education within their respective jurisdiction.
Article 5 The municipal educational administrative department shall be responsible for the overall coordination of student care services.
The market regulation department shall be responsible for business registration, food safety, supervision and regulation within the scope of its responsibilities on for-profit OSC institutions in accordance with law.
The civil affairs department shall be responsible for the registration of private non-enterprise units of non-profit OSC institutions， the supervision and regulation within the scope of its responsibilities in accordance with law.
The health department shall be responsible for the health regulation, daily inspection and epidemic prevention and control of OSC institutions in accordance with law.
The fire control department shall be responsible for the verification of fire safety conditions of OSC institutions, implementation of daily regulation work, and guidance for communities in fire safety inspection of OSC institutions in accordance with law.
Public security station shall be responsible for the public security regulation of OSC institutions and the surrounding areas within their respective jurisdiction, and the provision of guidance and training for personnel of OSC institutions on security technical precaution and security administration in accordance with law.
All street offices (including offices under new districts) shall be responsible for the daily inspection, comprehensive law enforcement and coordination of OSC institutions within their jurisdiction.
Relevant municipal and district functional departments shall effectively conduct the administration of OSC institutions within their respective responsibilities.
Article 6 Community neighborhood committees shall be encouraged to provide OSC services to meet the needs of the community by establishing or cooperatively establishing OSC institutions or by other means using the community resources.
Community workstations shall incorporate OSC institutions into community safety administration, and assist public security, fire control, food and drug supervision and other departments in the safety supervision of OSC institutions.
Article 7 Legally established and qualified out-of-school training institutions shall be encouraged to provide OSC services, and timely change the scope of business at the registration authority.
Where OSC institution carries out the educational and training activities, it shall be executed in accordance with relevant provisions on out-of-school training institutions.
Article 8 Citizens, legal persons or other organizations that establish OSC institutions (hereinafter referred to as establishers) shall handle business registration in accordance with law; the establishers of non-profit OSC institutions shall handle registration of private non-enterprise units in accordance with law.
For the change of registration content, an OSC institution shallgo to the original registration authority to handle the corresponding changes in accordance with law; in case of the change of business premise, it shall also promptly inform the sanitation, food safety, fire control and other regulatory departments.
Article 9 An OSC institution having obtained the certificate of business registration or private non-enterprise unit registration in accordance with law shall meet the following conditions before engaging in OSC services:
(1) having service sites and facilities that comply with the relevant conditions in relation to fire control, building, sanitation, food operation and food safety set forth in laws, rules, regulations and these Measures;
(2) having staff that match with the scale of operation and main responsible person with the ability to bear civil liability independently;
(3) other conditions as stipulated by laws, regulations and rules.
Article 10 The site where an OSC institution provides care services shallmeet the structural safety of the building and have a legal safety distance from hazardous chemicals, and its building area shall exceed 80 square meters, with the per capita building area for students above 4 square meters. The site where an OSC institution provides care services shall not be in the same building in which hazardous chemicals are produced, operated, stored or used, and care services shall not be provided in a basement, storage building, contaminated area, hazardous area, etc.
The market regulation department, housing construction department and public security authority may, in conjunction with relevant administrative departments, separately formulate the guidelines for food safety conditions, guidelines for fire control conditions and guidelines for safety technical precaution of OSC institutions in accordance with the laws and regulations and rules on food safety, fire control and, security prevention and in light of actual circumstances of OSC institutions.
Article 11 An OSC institution shall be staffed in proportion to the number of students under its care. If the number of students is less than 25, the institution shall be staffed with 2 or more staff members, for each additional 20 students, one staff member shall be added accordingly.
The staff of an OSC institution shall have no criminal record, be in good health, and have no mental illness, infectious disease or any other disease that may affect the health and safety of students.
Where an OSC institution provides catering service, its staff engaged in catering service shall hold their positions after a sanitation certificate is obtained in accordance with law and shall take a medical examination every year.
Article 12 An OSC institution shall perform the following safety management duties:
(1) signing theAgreement on Out-of-School Care Services for Primary and Middle School Students with the guardians of students under its care;
(2) designating special personnel responsible for the shuttle services for students under its care to ensure the safety of students going to the OSC institution after school and returning to school after care and the pickup by their guardians or designated personnel after evening care;
(3) promptly notifying the student's guardian and school if the student fails to be picked up and actively seeking him/her;
(4) keeping students accompanied by staff during care;
(5) preventing and avoiding violence, bullying and other abuses during the period of care services to protect the physical and mental health and safety of students under its care; taking prompt rescue when finding a student in illness, injury or other emergencies and contacting the student's guardian and school in a timely manner.
Article 13 An OSC institution shall perform the following sanitation and food safety management duties:
(1) ensuring the sanitation of the care environment and articles for daily use to strictly prevent infectious diseases;
(2) ensuring the dining environment, tableware and other facilities to meet the hygiene and food safety requirements, and implementing the individualdining system;
(3) reasonably preparing meals with nutrition up to national standards for students, and making recipes on a weekly basis and displaying in the catering area;
(4) establishing the food sampling system and having special containers and facilities for food sampling;
(5) taking timely measures in case of food poisoning, infectious diseases and other health emergencies to prevent aggravation of situation, immediately reporting to the district food and drug supervision and administration department, health administrative department and educational administrative department, and notifying the student's guardian and school.
Where an OSC institution prepares meals on its own, it shall, in accordance with the relevant provisions of theFood Safety Law of the People's Republic of China, purchase food and raw materials and maintain purchase ledger records, and shall not purchase food and raw materials of unknown origin; where an OSC institution does not prepare meals on its own, it shall purchase the food preparation service from a qualified food preparation enterprise.
Article 14 TheAgreement on Out-of-School Care Services for Primary and Middle School Students shall specify the period of care, fee standard , rights and obligations of both parties, liability for breach of contract, and other terms agreed upon by both parties. The municipal educational administrative department shall be responsible for formulating the model text of the Agreement on Out-of-School Care Services for Primary and Middle School Students for reference and use by OSC institutions and guardians of students under care.
An OSC institution shall charge reasonable fees for care services and publicize the fee standard at the service site.
In case of ceasing to provide care services, the OSC institution shall inform the students and their guardians 30 days in advance, refund the care fees for the remaining term of the care agreement, assume the corresponding liability for breach of contract in accordance with the care agreement, and report the street office where it is located on the grounds for ceasing care services and the refund of care fees.
Article 15 An OSC institution shall keep a register of students under its care, and submit it together with the identity certificates of staff responsible for picking up and sending students below grade 4 of primary school to the schools to which the students under its care belong.
An OSC institution shall educate and guide the students under care to abide by public order and avoid disturbing the normal life of other residents in the area where it is located.
Article 16 An OSC institution shall be encouraged to purchase commercial insurance such as personal accident insurance and work safety liability insurance to decentralize the risks during the period of care.
Article 17 An OSC institution, if conditions permit, shall be encouraged to negotiate with the guardians of students under its care on installing surveillance, monitoring, alarm and other security technical precaution equipment as well as on agreeing on the effective period of storage and accessibility of surveillance videos and other terms to effectively guarantee the safety and privacy of students.
Article 18 A school shall, within one month after a semester begins, collect statistics and report the basic care situation of its students in OSC institutions to the district educational administrative department; and in case of any safety risk, it shall promptly report to the district educational administrative department andthe relevant departments.
No school, its in-service faculty or other staff shall establish an OSC institution, and its in-service faculty or other staff shall not work part-time and receive remuneration in OSC institution.
Article 19 Where an OSC institution violates the provisions of these Measures, the guardians of students under care may file a complaint with the registration authority or relevant functional departments.
The public shall be encouraged to file complaints and reports against illegal acts of OSC institutions.
After the registration authority orthe relevant functional department receives a complaint or report, if within the scope of its responsibilities, it shall investigate and handle and inform the complainant of the result within the statutory time limit; if not within the scope of its responsibilities, it shall transfer to the authority with the power to handle and inform the complainant within three working days.
Article 20 The municipal educational administrative department shall coordinateand establish a joint administration and information sharing mechanism of OSC institutions to strengthen information communication and notification.
The registration authority shall make public the list of registered OSC institutions and their registration information on its information website, and make public the annual reports or annual audits of OSC institutions in accordance with law.
The registration authority and departments of food and drug supervision, fire control, education and public security shall, in accordance with their respective responsibilities, supervise and inspect the implementation of laws, regulations, rules and these Measuresof OSC institutions, and make public the investigation and handling of illegal operations of OSC institutions on the government or departmental information websites or government information resource sharing platforms; in case of safety hazards not within the scope of their responsibilities found during the inspection, they shall upload information in a timely manner and transfer to the relevant functional departments for handling.
Street offices and community workstations shall report the cease of OSC institutions to provide care services or potential safety hazards found in their daily safety supervision to the registration authority orthe relevant functional department in a timely manner.
Article 21 An unregistered institution engaging in OSC services shall be investigated and dealt with by the street comprehensive law enforcement department in accordance with law.
Article 22 An OSC institution violating the provisions of Article 10 of these Measures shall be ordered to make corrections by thedistrict fire control, housing construction, planning and natural resources, transportation or other relevant competent department in accordance with law.
Article 23 An OSC institution violating the provisions on health, food and drug regulation or fire control administration and failing to meet the health, food operation or fire control conditions shall be ordered to make corrections and punished by the district health, food and drug regulation or fire control department in accordance with law.
Article 24 An OSC institution hiringstaff in violation of Paragraph 1, Paragraph 2 of Article 11 of these Measures shall be ordered to make corrections, and relevant information shall be made public by the registration authority.
An OSC institution hiring staff in violation of relevant provisions on health administration in public places shall be investigated and dealt with by the health department in accordance with law.
Article 25 An OSC institution violating the provisions of Article 12 of these Measures shall be ordered to make corrections and imposed of a fine of no less than 2,000 yuan and no more than 5,000 yuan by the district educational administrative department; if the circumstance is serious, it shall be imposed of a fine of RMB 20,000 by the district educational administrative department.
Article 26 A school violating the provisions ofParagraph 1 of Article 18 of these Measures and failing to report to the educational administrative department shall be ordered to make corrections and given a notice of criticism by the educational administrative department.
A school's in-service faculty or other staff violating the provisions of Paragraph 2 of Article 18 of these Measures shall be ordered to make corrections, and disciplinary action shall be taken against them by the educational administrative department in accordance with law.
Article 27 Where the staff of the administrative department of OSC institutions is negligent in their duties, commits irregularities for personal gain and fraud, or fails to perform their duties in accordance with the provisions of these Measures, disciplinary action shall be taken against them in accordance with law; if the circumstance is serious and a crime is suspected, they shall be transferred to a judicial organ for handling in accordance with law.
Article 28 Where the parents of students provide mutual assistance to each other for less than five students under care, they may not register as an OSC institution, but they shall clarify their respective rights, obligations and responsibilitieswith the guardians of students and fulfill their safety, health and other administration responsibilities to ensure the safety of students.
Article 29 These Measures shall become effective as of September 1, 2019. TheAdministrative Measures of Shenzhen Municipality on Noon Care Institutions Outside School (Decree No.199 of Shenzhen Municipal People's Government) promulgated on December 31, 2008 shall be repealed simultaneously.
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