Off-campus training “difficult to refund”?Chengdu seven departments jointly issued a notice

2022-06-20 0 By

Recently, the Municipal Bureau of Education and other seven departments jointly printed and distributed the Implementation Rules of Supervision on Pre-Charge of Discipline Off-campus Training Institutions in Chengdu (hereinafter referred to as the Implementation Rules), and issued a notice, requiring all districts (cities) and counties, and all departments to conscientiously implement them based on the actual situation.How to read a file?What are the highlights and features of the Implementation Rules?Which organisations do the Implementation Rules apply to?The Implementation Rules apply to offline out-of-school training institutions engaged in disciplinary non-academic education training for primary and secondary school students in Chengdu, not to online disciplinary out-of-school training institutions approved by the provincial Department of Education.Off-campus training institutions for non-disciplinary and non-academic higher education can refer to the implementation.How will the Implementation Rules be regulated?1. Advance charge by bank supervision and management if training institutions “run away” tuition can be refunded through the account supervision bank what is the advance charge of training institutions?Before formal classes, training institutions charge trainees’ training fees in advance, which is also a common way of consumption for training institutions, that is, pay fees first and train later.Thus, training institutions in case of abnormal out of business, or parents want refund for various reasons, often will encounter institutions “volume money run” “refund FeiNan risk”, “implementation rules”, is to change the unilateral external training institutions managing precharge funds situation, change the weak position of students and parents in the training services,Through the advance charge to the third party – the bank to conduct supervision and management, so as to urge the training institutions to fulfill their obligations as agreed in the contract.For example, if an off-campus training institution is abnormally closed, students’ uncancelled tuition fees can be refunded through the account supervision bank after being approved by the education department, so as to minimize the risk of the institution “running away with money” and protect the interests of students and their parents.According to the Implementation Rules, the current regulation applies to offline out-of-school training institutions in Chengdu that engage in disciplinary non-academic education and training for primary and secondary school students, and does not apply to online disciplinary out-of-school training institutions approved by the provincial education department.Off-campus training institutions for non-disciplinary and non-academic higher education can refer to the implementation.Discipline training includes nine disciplines: Ethics and rule of law, Chinese, history, geography, Mathematics, Foreign Languages (English, Japanese, Russian), physics, chemistry and Biology.2. The precharge shall enter all special account funds to be allocated and agencies with the lecture schedule synchronization, according to the regulation, outside school training institutions precharge (including cash) special account must all into the training agency fees, precharge special account information, precharge regulatory agreement should be synchronized in the premises, site and other significant position of the public, and before the training services to students express.Training fees for primary and secondary school students shall not be paid by means of training loans.Parents must pay the pre-payment training subordinate area (city) county education administrative departments published payment channels for payment, according to the signing of the training agreement payment, do not use agents, agents or offline cash payment.Funds not into the special account will not be able to effectively protect your consumer rights and interests.If the off-campus training institution fails to fulfill the contract due to its own reasons, it shall inform the student (parents) one month in advance and refund the remaining fees in full.If the trainees (parents) apply for the refund, the off-campus training institution shall immediately start the refund procedure and complete the refund in time according to the refund provisions of the training contract.If the student (parent) requests a refund before the course starts, the training institution shall refund all the fees in a lump sum according to the original channel within 5 days.If the student (parent) requests to refund the fee after the course starts, the corresponding fee for the completed class shall be deducted, and the remaining amount shall be refunded in a lump sum within 15 days according to the original channel.According to the Detailed rules for implementation, the pre-charge of off-campus training institutions shall be comprehensively supervised by bank custody and risk deposit.The off-campus training institution shall sign a tripartite supervision agreement on pre-charge with the local education competent department and the custodian bank, and shall respectively open a special account for pre-charge fund custody, a special account for agreement performance risk deposit, and a special account for uncanceled risk deposit in the custodian bank (such account may not be opened if there is no need for cancellation of classes).The appropriation of funds from the special fund custody account shall be synchronized with and in the same proportion to the teaching progress of the training institution, and shall be “synchronized with the withdrawal of funds”.How to operate in detail?The off-campus training institutions teaching is complete and confirmed by the students (parents) agree, to the specified area (city) county off-campus institutions for training information management platform to provide confirmation agreed to after the relevant certificates, such as custodian Banks, according to the tripartite regulatory agreement on the same day the next day will be the latest corresponding funds allocated to off-campus training institution settlement account;After the external training institution performs the obligation of notification, if the trainees fail to confirm within 5 working days, the custodian bank will allocate funds on the 6th working day according to the provisions of the tripartite supervision agreement.3. Establish a two-level financial supervision mechanism to impose maximum punishment on institutions with capital changes and other behaviors. In addition, the payment of risk deposit for training institutions can be divided into uncancelled risk deposit and agreement performance risk deposit.Vanishing course risk margin is mainly used to guarantee normal class, training institutions and abnormal risk after basic support staff salary distribution, students (parents) refund, if discipline class training institutions in the detailed rules for the exist before the training service charge but not completed precharge funds, should pay guaranty money not class risk elimination.The agreement performance risk deposit is mainly used to ensure that the training institution can normally perform the supervision agreement, transfer the pre-charge fund into the special supervision account in full, and basically support the operation of the institution after the occurrence of abnormal risks. All discipline training institutions must pay the agreement performance risk deposit.A policy, how to ensure its implementation?According to the Implementation Rules, all districts (cities) and counties will refine and improve the implementation measures for the supervision of pre-charge of off-campus training institutions, including the supervision of pre-charge into the scope of daily supervision, special inspection, annual inspection and educational supervision of training institutions, and establish a financial supervision mechanism at the city and district (city) and county levels.The financial chaos, the existence of funds and other behavior of the training institutions, law enforcement departments will be the top penalty.At the same time, the special account of training institutions will be supervised by large fund changes. When the special account is abnormal, the custodian bank will immediately issue a risk reminder to the competent education department.Upon receipt of the risk prompt, the competent education department shall, in conjunction with relevant departments, immediately carry out special investigation and risk assessment, and timely report to the public security organ if suspected of illegal or criminal activities.In addition, a credit rating database of discipline off-campus training institutions will be established, which will be comprehensively graded based on the results of financial supervision, daily running and annual inspection, and publicized simultaneously to promote the sustainable development of high-quality off-campus training institutions.What are the features and highlights of the Implementation Rules?To achieve the supervision purpose of “taking both ends into consideration”, the pre-charge of discipline off-campus training institutions shall be fully included in the supervision scope, including the pre-charge funds that have been collected before the issuance of the Detailed Rules but have not completed training services.Clear training institutions to students advance charges shall be charged by all accounts into the precharge regulation, one by one, has been clear about the capital inflows, precipitation, funds transfer, such as whole process supervision content, from the precharge, precharge custody, refund, relevant government departments regulatory responsibilities etc. Put forward clear requirements, build the “firewall” system.As the pilot city of “double reduction”, Chengdu gave full play to the spirit of “trial first” and pioneered the “two-pronged” supervision method among the pilot cities in China.Adopt bank custody and risk deposit to conduct comprehensive supervision on the pre-charge of off-campus training institutions.It maximizes the risk resolving function of risk deposit and maximizes the fund safety of students and parents.Dynamic supervision Establish a “credit incentive” reward and punishment mechanism to randomly select 10%-20% institutions every year, guide districts (cities) and counties to supervise the supervision of their pre-charge from time to time, and combine the institutions’ daily school running and annual inspection results for comprehensive grading and evaluation, and incorporate the results into the credit rating database of discipline training institutions for public publicity simultaneously.We will not adopt a “one-size-fits-all” approach, and encourage the exploration of a quota adjustment mechanism of “high quality but low cost”, so as to promote the sustainable development of high-quality institutions and meet the diverse needs of the public.Source: Chengdu Education