To the attention of religious affairs bureaus, ethnic and religious affairs commissions (or departments or bureaus), foreign affairs offices, and public security departments (or bureaus) under the people¡¯s governments of the provinces, autonomous regions, and municipalities directly under the Central Government,
Measures for the Employment of Foreign Experts by Religious Schools and Colleges are hereby promulgated and shall become effective as of January 1, 1999.
Measures for the Employment of Foreign Experts
by Religious Schools and Colleges
Chapter I General Provisions
Article1 These Measures are formulated pursuant to the Provisions on the Administration of Religious Activities of Aliens within the Territory of the People¡¯s Republic of China and the Provisional Regulations on Foreign Cultural and Educational Experts Affairs, with reference to the Measures for the Approval of Qualification for the Employer¡¯s Recruitment of Foreign Cultural and Educational Experts, with a view to promoting the academic and cultural exchange between Chinese religious groups and their foreign counterparts, standardizing the practice of employing foreign experts in Chinese religious schools and colleges, and enhancing the benefits of such employment.
Article2 These Measures shall apply to the religious schools and colleges which are established with the approval of the State Council of the People¡¯s Republic of China, the department of religious affairs under the State Council, and the provincial people¡¯s governments.
Article3 For the purposes of these Measures, the term ¡°foreign experts¡± refers to the aliens who are employed by Chinese religious schools and colleges to give lectures or lessons within their premises under the legal procedure.
Article4 The employment of foreign experts in religious schools and colleges shall be incorporated in the State management system of the employment of foreign cultural and educational experts, and placed under the unified control of specified departments.
The State Administration of Foreign Experts Affairs shall be the specified national administrative department supervising the employment of foreign experts, whereas the foreign affairs offices under the provincial people¡¯s governments shall be the specified administrative departments supervising the employment of foreign experts in the areas under their jurisdiction.
The State Administration of Religious Affairs shall be the department in charge of the employment of foreign experts in national religious schools and colleges, whereas the departments of religious affairs under the provincial people¡¯s governments shall be responsible for the daily management of the employment of foreign experts in local religious schools and colleges.
Chapter II Principles of Employment
Article5 In compliance with China¡¯s principle of running domestic religious affairs independently, teachers in religious schools and colleges shall be recruited mainly from the Chinese religious groups and other relevant schools, colleges, or research institutions in China.
With a view to improving the academic and cultural exchange with foreign religions and enriching the teaching and learning content, religious schools and colleges in China can apply for employing foreign experts.
Article6 The employment of foreign experts shall comply with the principles that a large proportion of the teachers and experts in religious schools and colleges shall be Chinese citizens, whereas a reasonable number of the experts can be aliens, and that the quality and effectiveness of the employment shall be highlighted.
Article7 Religious schools and colleges shall employ foreign experts to give lectures or lessons mainly on a short-term basis.
The employment of foreign experts to give lectures in the schools and colleges on a short-term basis shall cover a period of no more than six months, whereas the employment of foreign experts to teach courses on a long-term basis shall cover a period of no more than twelve months.
Article8 Religious schools and colleges shall not employ foreign experts to assume the leadership or any other administrative posts of the schools and colleges.
Chapter III Application for the Qualification for Employing Foreign Experts & Measures for Examination and Approval thereof
Article9 Religious school or college that applies for the approval of the qualification for employing foreign expert shall meet the following requirements:
1) having been established for at least four years, with the period of schooling not less than three years;
2) having specified management departments and/or full-time or part-time administrators;
3) having a set of rules and regulations;
4) having reasonable working conditions for foreign experts and being capable of receiving and protecting foreign visitors; and
5) having an evaluation system for the performance of foreign experts.
Article10 National religious schools and colleges located in Beijing shall apply to the State Administration of Religious Affairs for the qualification for employing foreign experts. The State Administration of Religious Affairs shall examine the application by conducting an on-the-spot inspection and verification, and then make comments and affix a signature thereon before sending it to the State Administration of Foreign Experts Affairs which shall issue accordingly a Qualification Certificate for Employment of Foreign Cultural and Educational Experts (hereinafter referred to as the Qualification Certificate).
The State Administration of Religious Affairs shall entrust the departments of religious affairs under the provincial people¡¯s governments to deal with the applications from the national religious schools and colleges located outside Beijing. The said departments shall submit the applications to the upper level in accordance with the procedure specified in Article 11 of these Measures.
Article11 Local religious schools and colleges shall apply to the departments of religious affairs under the provincial people¡¯s governments for the qualification for employing foreign experts.
The foreign affairs offices under the provincial people¡¯s governments, together with the departments of religious affairs and the public security organs, shall examine the applications by making an on-the-spot inspection and verification in accordance with the provisions in Article 9 of these Measures, and then make comments and affix their signatures thereon before sending them to the State Administration of Foreign Experts Affairs and the State Administration of Religious Affairs through the foreign affairs offices.
The application shall be examined and approved by both the State Administration of Foreign Experts Affairs and the State Administration of Religious Affairs. Religious schools and colleges that meet the requirements for employing foreign experts shall be issued the Qualification Certificate by the State Administration of Foreign Experts Affairs.
Article12 After obtaining the Qualification Certificate the religious school or college can employ foreign experts to give lectures and lessons within its premises.
The State Administration of Foreign Experts Affairs and the State Administration of Religious Affairs shall conduct an annual inspection on the religious schools and colleges that have obtained the Qualification Certificate in accordance with the Measures for the Approval of Qualification for the Employer¡¯s Recruitment of Foreign Cultural and Educational Experts. Religious schools and colleges that have passed the annual inspection and obtained the Certificate registered in the very same year by the State Administration of Foreign Experts Affairs can go on to employ foreign experts.
Chapter IV Qualifications of Employees
Article13 Foreign experts employed shall comply with the laws and regulations of the People¡¯s Republic of China, and respect China¡¯s principle of running domestic religious affairs independently and having mutual respect for different religions and religious sects.
Article14 Foreign experts to be employed shall generally have the academic credentials at or above the Master¡¯s degree or equivalent and shall be a scholar of great attainments in a specific field of religion studies.
Foreign experts employed to teach language courses shall be the ones that have had specialized training for language teaching and language teaching experience.
Chapter V Submission of Applications for Employing Foreign Experts & Measures for Examination and Approval thereof
Article15 Foreign experts to be employed by religious schools and colleges are subject to the approval of the State Administration of Religious Affairs.
Article16 The application for employing foreign experts to give academic lectures shall be incorporated in an annual plan before submitted to departments concerned for examination and approval. The application not included in the annual plan due to special circumstances shall be submitted as a special case two months in advance for examination and approval.
Article17 National religious schools and colleges that intend to employ foreign experts shall apply for the examination and approval under the following procedures:
National religious schools and colleges shall submit three months in advance the next annual plans for the employment of foreign experts to the national religious groups. The plans shall include items like the number of foreign experts to be employed, the courses that they are going to teach, the schedule of the courses, the duration of their work permit, their personal profiles, and the information on the institutions they belong to.
The national religious groups shall make comments on the employment plans of the national religious schools and colleges, and then submit the plans to the State Administration of Religious Affairs for examination and approval.
Article18 Local religious schools and colleges that intend to employ foreign experts shall apply for the examination and approval under the following procedures:
Local religious schools and colleges shall submit six months in advance the next annual plans for the employment of foreign experts to the religious groups in the provinces, autonomous regions, and municipalities directly under the Central Government. The plans shall include items like the number of foreign experts to be employed, the courses that they are going to teach, the schedule of the courses, the duration of their work permit, their personal profiles, and the information on the institutions they belong to. The religious groups in the provinces, autonomous regions, and municipalities directly under the Central Government shall make comments on the employment plans of the religious schools and colleges, and then submit the plans to the departments of religious affairs under the people¡¯s governments in their areas, and send a copy of the plans to the national religious groups for the record.
The departments of religious affairs under the provincial people¡¯s governments shall conduct further examination and make comments on the employment plans of the religious schools and colleges before submitting them to the State Administration of Religious Affairs for examination and approval.
The State Administration of Religious Affairs shall give a reply within three months. During the period of examination, the national religious groups can make comments on the employment plans of the local religious schools and colleges.
Article19 Foreign experts who are approved to be employed on a long-term basis shall apply to the Chinese diplomatic representative offices, consular offices or any other agencies authorized by the Ministry of Foreign Affairs of the People¡¯s Republic of China for the Work Visa (Z) against the presentation of the Letter of Confirmation on the Employment of Foreign Experts, the Letter of Invitation issued by the employers, and other valid certificates; whereas foreign experts who are approved to be employed on a short-term basis shall apply for the Visiting Visa (F) against the presentation of the Notice on the Employment of Foreign Experts to Offer Lectures in the Religious Schools and Colleges on a Short-term Basis issued by the State Administration of Religious Affairs, the Letter of Invitation issued by the employers, and other valid certificates.
Aliens, who obtain visas other than the Work Visa (Z) or the Visiting Visa (F), shall not give lectures in the Chinese religious schools and colleges without the approval of the State Administration of Religious Affairs of the People¡¯s Republic of China.
Article20 A religious school, college, or group, which intends to invite an alien to give lectures for a period of not more than two days or six class hours within its premises, may submit the application in accordance with the regulations on foreign affairs activities.
Chapter VI Management of Teaching Activities of Foreign Experts
Article21 Religious schools and colleges that employ foreign experts to give lectures shall enter into employment contracts with the foreign experts, and clarify the rights and obligations of each party.
Article22 Religious schools and colleges shall appoint Chinese teachers to assist the teaching of foreign experts.
Article23 Religious schools and colleges shall examine the teaching content and teaching materials of the foreign experts. The teaching content shall follow the teaching plan and cover the national syllabus of the religious schools and colleges in China.
Article24 Religious schools and colleges shall regularly sit in on the classes of the foreign experts, and evaluate their performance and teaching results in accordance with relevant national regulations.
Article25 Foreign experts employed shall comply with the rules and regulations of the religious schools and colleges, and adhere to the terms and conditions of the contracts. Religious schools and colleges shall dissuade the foreign experts from breaking the contracts, and shall, in accordance with the provisions of the contracts, dismiss those who obstinately stick to a wrong course.
In case of dismissal of foreign experts, local religious schools and colleges shall make an application to the department of religious affairs under the provincial people¡¯s governments in their areas. The said department shall make comments on the application before submitting it to the State Administration of Religious Affairs for approval, and send a copy of the application to the State Administration of Foreign Experts Affairs for the record. Similarly, national religious schools and colleges shall make such an application to the national religious groups, which shall submit the applications to the State Administration of Religious Affairs for approval, and then send a copy of the applications to the State Administration of Foreign Experts Affairs for the record.
The State Administration of Religious Affairs shall circulate notices on the dismissal of foreign experts among relevant departments in order to prevent the re-employment of the dismissed foreign experts, and shall notify the local public security organs and the departments of entry and exit administration. The public security organs shall revoke the residence permit of the said foreign experts and expel them from the country.
Article26 Foreign experts shall not participate in activities that are inconsistent with their employment status.
Chapter VII Legal Liability
Article27 Alien who has violated the provisions in Article 19 of these Measures by giving lectures in Chinese religious schools or colleges with a traveling or visiting or student visa, shall be subject to penalty by the public security organs in accordance with the provisions in the Rules for Implementation of the Law of the People¡¯s Republic of China on the Control of the Entry and Exit of Aliens.
Article28 The departments of religious affairs under the people¡¯s governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall warn or dismiss the foreign experts who have violated the provisions in Article 13 of these Measures. If the case is of a serious nature, it shall be handled in conformity with the law by the administrative departments prescribed by relevant laws and regulations or judicial organs.
Article29 The departments of religious affairs under the provincial people¡¯s governments shall serve a warning or mete out a penalty to a local religious school or college which has violated the provisions in Article 12 and Article 19 of these Measures by committing any of the following acts. The decision for punishment shall be submitted to the State Administration of Religious Affairs and the State Administration of Foreign Experts Affairs for the record. If the case is of a serious nature, foreign affairs offices and the departments of religious affairs under the provincial people¡¯s governments can suggest the State Administration of Religious Affairs and the State Administration of Foreign Experts Affairs to revoke the Qualification Certificate of the aforesaid religious schools and colleges. The State Administration of Religious Affairs shall serve a warning or mete out a penalty to a national religious school or college which has violated the provisions in Article 12 and Article 19 of these Measures by committing any of the following acts. If the case is of a serious nature, the State Administration of Foreign Experts Affairs and the State Administration of Religious Affairs shall revoke the Qualification Certificate of the aforesaid religious schools and colleges. Those acts shall include:
1) employing foreign experts without a Qualification Certificate;
2) employing foreign experts without a Qualification Certificate that has been inspected and registered in the very same year; and
3) employing an alien with a traveling or visiting or student visa.
Religious school or college which employs an alien with a traveling or visiting or student visa to give lectures shall be penalized by the public security organs in accordance with the provisions in the Rules for Implementation of the Law of the People¡¯s Republic of China on the Control of the Entry and Exit of Aliens.
Article30 Religious schools and colleges, which have violated the provisions in these Measures and throw the employment of foreign experts into disorder due to the poor management, shall be on the penalty of suspending the employment of foreign experts by the State Administration of Religious Affairs.
Chapter VIII Supplementary Provisions
Article31 Religious schools and colleges not within the range specified in Article 2 of these Measures shall, in accordance with the relevant provisions, complete the formalities for applying for the establishment of schools or colleges before applying for employing foreign experts. After obtaining the approval from the government authorities, they can apply for the qualification for employing foreign experts in compliance with the provisions in these Measures.
Article32 Common colleges, universities, and other educational organizations, which have established the major in religion studies with the approval of relevant government authorities and have obtained the qualification for the employment of foreign experts, shall apply for the employment of foreign experts within the original management system. The government authorities in charge of examination and approval shall carry out their work by referring to the provisions in these Measures, in addition to the original management provisions.
Article33 These Measures apply to the application for employing experts from Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan to give lectures or lessons in the Chinese mainland.
Article34 The Notice on the Employment of Foreign Experts to Offer Lectures in the Religious Schools and Colleges on a Short-term Basis shall be issued separately by the State Administration of Religious Affairs.
Article35 The State Administration of Religious Affairs shall be responsible for the interpretation of these Measures.
Article36 These Measures shall become effective as of January 1, 1999. |
