On 8 February 2024, the PRC Ministry of Education released the draft Regulations on Administration of Off-Campus Tutoring (校外培训管理条例(征求意见稿), "Draft Regulations"). The Draft Regulations are the first draft regulations for the off-campus tutoring sector at the national level since July 2021 when China initiated a sweeping crackdown on the private tutoring industry. A summary of the key highlights in the Draft Regulations is listed below. Kindly note that the Draft Regulations have not been passed, and the final Regulations may be different from the current draft.
Definition
Clause 2 of the Draft Regulations provides a clear definition of off-campus tutoring, which refers to organised or systematic educational training activities conducted outside the school education system, targeting primary and secondary school students and pre-school children aged three to six with the main purpose of improving the students' academic performance or cultivating interests and specialties. This is the first time that a clear definition of off-campus tutoring is provided in law.
Classification, Approval and Administration
The Draft Regulations classify and differentiate two types of off-campus tutoring, i.e. curriculum-based tutoring and non-curriculum-based tutoring, which are subject to different approval and administration requirements.
Clause 6 of the Draft Regulations further stipulates that approval for off-campus tutoring shall be obtained for all off-campus tutoring activities. In particular, institutions which provide curriculum-based tutoring targeting students at the compulsory education stage (i.e. primary and junior high school) should be registered as non-profit legal entities.
Qualification and Teaching Materials
Clause 8 of the Draft Regulations stipulates that the teaching and research staff of off-campus tutoring institutions providing curriculum-based tutoring shall obtain teaching qualifications. The teaching and research staff of off-campus tutoring institutions providing non-curriculum-based tutoring shall obtain corresponding professional qualifications. The Draft Regulations further prohibit teachers and research staff in kindergartens and primary and secondary schools from engaging in off-campus tutoring activities.
Clause 9 of the Draft Regulations stipulates that materials used for off-campus tutoring shall be filed with the relevant approving authority. In particular, materials used for non-curriculum-based tutoring shall also be concurrently submitted to the competent industry regulatory authority.
The Draft Regulations also provide rules and/or restrictions in other aspects of off-campus tutoring activities, such as the name of the institution, time and schedule of tutoring hours, testing and competitions, pricing requirements, etc. All in all, the issuance of the Draft Regulations marks a significant step forward in the restructuring and standardisation of China’s off-campus tutoring industry after the introduction of the "Double Reduction" policy in July 2021. Certain provisions of the Draft Regulations still need to be further clarified or interpreted by the authorities.
