The Measures for the Administration of Out-of-School Afternoon-Care Institutions in Shenzhen has been considered and adopted by the Municipal Government at the Standing Meeting of the Fourth Session of the Executive Committee of the 12th Session of the Municipal Government, and is hereby promulgated to come into effect on March 1, 2009....

Mayor Xu Zongheng

December 31, 2008

Measures for the Administration of Out-of-School Afternoon-Care Institutions in Shenzhen City

Chapter I. General Provisions

Article 1 For the purpose of regulating and strengthening the administration of out-of-school afternoon-care institutions in the city, promoting the physical and mental health and safe growth of primary and secondary school students, these Measures are formulated in accordance with the provisions of the relevant laws and regulations, and in the light of the actual situation of the city. Measures.

Second, in the administrative area of the city to engage in out-of-school lunch care services and related activities, shall apply to these measures. These measures referred to as out-of-school lunch care institutions, is entrusted by the guardians of primary and secondary school students, for primary and secondary school students in the morning after school in the afternoon before classes outside the school to provide lunch, lunch breaks, and other public service activities of the unit.

Article 3 out-of-school lunch care institutions should follow the law set up, standardized management, to ensure safety and public welfare services of the basic principles.

Article IV of the education sector is the business administration of the school lunch institutions. Municipal education administration is responsible for the city's school lunch policy research, development, organization and implementation and supervision and management work, district education administration is responsible for the implementation of the policy of school lunch within the jurisdiction of the school lunch and the establishment of school lunch institutions to review and supervise and manage the work.

Article 5 The district governments and their street offices are responsible for the day-to-day management and coordination of out-of-school day-care centers within their jurisdiction.

Departments of civil affairs are responsible for the registration and management of out-of-school day-care centers in accordance with the law.

The administrative department of health is responsible for approving and supervising the sanitation of off-campus lunch care facilities that serve their own meals.

The public security and fire protection agencies are responsible for the review and acceptance of fire protection and the supervision and inspection of off-campus afternoon care institutions.

Food and drug supervision departments are responsible for organizing and coordinating the investigation and handling of major food safety accidents involving out-of-school lunchroom institutions.

Street law enforcement departments are responsible for the investigation and handling of unlicensed and unregistered out-of-school lunch institutions.

The public security police station is responsible for the supervision and management of public security in the area of the school lunch care institutions and the surrounding area.

Other functional departments should, within their respective areas of responsibility, do a good job in the management of out-of-school day-care centers.

Chapter II: Approval and Registration

Article 6: Community committees and off-campus training institutions may set up off-campus lunch-care institutions, which are included in the scope of community services.

In communities where the demand for out-of-school lunch care is concentrated, community committees shall utilize community resources to set up out-of-school lunch care institutions through self-establishment, cooperative establishment and other forms to meet the demand for community lunch care.

Article 7 Enterprises, social organizations, other social forces and individual citizens (hereinafter referred to as the establishment) can set up out-of-school lunch care institutions.

Individual citizens who have the city's household registration and have a fixed abode in the city can give priority to set up out-of-school lunch care institutions.

Article 8 The establishment of an out-of-school lunch care institution shall have the following conditions:

(1) a standardized name and the necessary organizational structure;

(2) the necessary space, facilities and personnel appropriate to the lunch care service;

(3) the establishment of non-state assets;

(4) more than 30,000 yuan of capital;

(5) compliance with the laws and regulations of the city and the city of fixed residence. >(v) meet the sanitary and fire-fighting conditions stipulated by laws, regulations and rules;

(vi) other conditions stipulated by laws, regulations and rules.

Article 9 To establish an out-of-school lunch care institution, the establisher shall obtain an administrative license for health in accordance with the provisions of health laws, rules and regulations, except for the out-of-school lunch care institutions that do not prepare their own meals.

The premises or buildings of out-of-school lunch care institutions shall comply with the safety conditions stipulated in the fire laws, regulations and rules, except for the original use of the building function (purpose) is to be used as accommodation for primary and secondary school students of the appropriate age group or activities, other premises or buildings converted into out-of-school lunch care institutions shall obtain fire administrative licenses according to law.

The municipal health administrative department, the municipal public security and fire prevention agencies shall, in conjunction with the municipal education administrative department, in accordance with the laws, rules and regulations on health and fire prevention, combined with the city's actual school lunch institutions, in the three months from the date of publication of the Measures, respectively, to formulate guidelines on the health of the school lunch institutions and fire prevention administrative license guidelines, the municipal government for approval and implementation.

Article X. To set up an out-of-school lunch care institution, the establishment shall apply to the education administrative department of the district in which the proposed out-of-school lunch care institution is located, and submit the following materials:

(1) an application report, which shall include the name, organization, personnel, food processing area, the surrounding environment, the number of students to be accepted for lunch care, the internal management system, financing and management of the use of funding;

(ii) the name, address or name and address of the establisher;

(iii) the constitution of the organization;

(iv) the source of assets and property rights, the amount of funds and other valid documents;

(v) the site, facilities, the ownership or right to use the documents.

In accordance with the provisions of the health administrative license should be obtained, should also be submitted to the health administrative license certificate.

Article XI of the District Education Administration received an application, shall be reviewed within twenty working days, and to the proposed establishment of the school lunch institutions to check the field, meet the conditions, shall issue approval documents, and according to the school lunch institutions building area, personnel and other circumstances to determine the maximum number of students can receive the school lunch institutions; does not meet the conditions, shall be notified in writing to the establishment of the reasons.

Article XII of the proposed establishment of off-campus lunch care institutions by the district education administration department review and approval, the establishment of the district civil affairs department may apply for registration of private non-enterprise units, and shall submit the following materials:

(a) application for registration;

(b) the approval of the education administration department;

(c) the site of the ownership or right to use the certificate;

(d) the registration of the school lunch care institutions, the establishment of the school lunch care institutions shall be notified in writing and the reasons.

(iv) capital verification report;

(v) basic information and identification of the person in charge of the out-of-school lunchroom institution;

(vi) draft charter.

Article XIII of the district civil affairs departments shall, within sixty days from the date of receipt of the application for registration of the establishment of a decision to grant registration or non-registration.

Where registration is granted, a Certificate of Registration of Private Non-Enterprise Unit (Legal Person) or a Certificate of Registration of Private Non-Enterprise Unit (Partnership) or a Certificate of Registration of Private Non-Enterprise Unit (Individual) shall be issued.

Article 14 Out-of-school lunch care institutions may not carry out out-of-school lunch care services until they have obtained registration certificates for private non-enterprise units, administrative permits for fire protection, organization code certificates, and tax registration certificates.

Article XV of the school lunch care institutions with one of the following circumstances, shall be reviewed and agreed by the educational administrative department of the district, and within thirty days to apply for registration of changes in the civil affairs departments of their districts:

(a) change in the name or location;

(b) change in the main body of the investment or capital;

(c) change in the legal representative or principal person in charge;

(iv) Change in the scope of services;

(v) Amendment of the Articles of Association.

The preceding paragraph changes the matters change health or fire safety conditions, should also be required to obtain health administrative license or fire administrative license.

Article XVI of the school lunch institutions dissolved or for other reasons need to cancel the registration, shall be registered with the registration authority for cancellation, and in accordance with the provisions of the private non-enterprise units to complete the liquidation work.

Chapter III: Service Requirements

Article 17 Off-campus lunchroom institutions shall establish systems, enjoy rights and fulfill obligations in accordance with the provisions of the relevant private non-enterprise units.

Article 18 Off-campus lunch care institutions shall be located on the third floor or lower of the building, and the building shall meet the structural safety requirements, and shall not be an industrial plant, basement, storage building, or illegal building. Off-school lunch care institutions should be more than eighty square meters of floor space, lunch care students per capita floor space should be more than four square meters.

Article 19 The staff of out-of-school lunch care institutions shall have no criminal record, be in good health, and have no mental illness, infectious diseases or other diseases that may affect the health and safety of primary and secondary school students.

Out-of-school lunch care institutions shall arrange for annual physical examination of their staff, staff hold health certificates issued by the health department before taking up their duties.

Article 20 of the school lunch care institutions should be based on the number of lunchtime students with staff, lunchtime students in twenty-five or less, should be equipped with more than two staff; every additional twenty lunchtime students, should be increased by a staff member.

Article 21: Off-campus lunch care institutions shall, in accordance with laws, regulations and rules, strengthen the health and fire safety management of lunch care places.

Article 22 The out-of-school lunch care institutions shall fulfill the following safety and security obligations:

(1) Arrange for a person to pick up and drop off lunch care students, to ensure the safety of students after school in the morning to the out-of-school lunch care institutions and return to the school after lunch care;

(2) If the lunch care students are not received, the student guardian should be informed in a timely manner and the school where the students are located and actively looking for;

(3) Primary and secondary school students are always supervised by staff during lunch breaks;

(d) Emergencies should be promptly rescued lunch care students and notify the student's guardian and the student's school.

Article 23 The off-campus lunch care institutions shall fulfill the following health management obligations:

(1) to ensure the hygiene of the lunch care environment, living supplies, and to prevent infectious diseases;

(2) the dining environment, tableware and other facilities should meet the hygiene requirements, and the implementation of the separate meal system;

(3) the meal preparation is reasonable, and the nutrition is in line with the national nutritional standards for primary and middle school students, the weekly formulation of recipes, and the implementation of a separate meal system. Weekly recipes, and publicized in the dining place;

(d) the establishment of food sampling system, and equipped with special containers and facilities for food sampling;

(e) shall not be made and sold cold meat and cold dishes and other food that can easily lead to food safety accidents.

School lunch care institutions that prepare their own meals should purchase food and its raw materials from regular channels, keep a good record of the purchase ledger and retain it for one month, and should not purchase food and raw materials from unknown sources.

Not self-distribution of meals outside the school lunch care institutions, should be in the health department administrative license catering enterprises or quality and technical supervision departments of the administrative license of food production enterprises outside the purchase of meals.

Article 24 of the school lunch care institutions shall ensure food safety and hygiene, to prevent food poisoning and infectious diseases.

In the event of food poisoning, infectious diseases and other health emergencies, shall take timely measures to stop and prevent the expansion of the situation, and immediately report to the district health administrative departments and education administrative departments, and notify the student's guardian and his school.

Article 25 of the school lunch care institutions should prevent and avoid violence, to protect lunch care students from personal injury.

Article 26 Off-school lunch care institutions shall charge reasonable lunch care fees, and publicize the charges.

Article 27 out-of-school lunch care institutions shall be registered lunch care students, and will be in the lunch care institutions lunch care student roster and specialized transport personnel identification submitted to the student's school.

Article 28 Except in special circumstances, off-campus lunch care institutions shall not arrange for vehicles to pick up and drop off lunch care students.

Article 29 off-site lunch care institutions should be signed with the guardian of the lunch care student "lunch care services for primary and secondary school students entrusted to the agreement", a clear entrustment period, fees, rights and obligations of both parties, as well as the responsibility for breach of contract.

"Primary and secondary school lunch care services entrusted to the agreement" in duplicate, out-of-school lunch care institutions, lunch care student guardians each sign a copy.

"Primary and secondary school students lunch care services entrusted to the agreement" model text developed by the municipal education administration.

Article 30 encourages out-of-school lunch care institutions to purchase personal accident insurance and other commercial insurance, diversification of various risks during lunch.

Article 31 of the school lunch care institutions in the commissioning agreement to perform the period of time to stop lunch care services, should be informed thirty days in advance of the lunch students and their guardians, refund the remaining period of the commissioning agreement of the lunch fees and bear the corresponding liability, and at the same time, to the district education administration and the civil affairs department report, the reasons for the cessation of lunch care services and the refund of lunch fees and other circumstances.

Chapter IV Supervision and Management

Article 32 The district governments and their departments shall, in strict accordance with the laws, regulations and the provisions of these Measures, to strengthen the supervision of off-site lunch care institutions under their jurisdiction, and shall investigate and deal with the problems found in accordance with the law.

Article 33 The educational administrative department shall establish a coordinated management mechanism for out-of-school lunch care services and the joint mechanism of management departments, and establish a mechanism for communication of management information.

Article 34 of the out-of-school lunch care institutions to implement the annual inspection system, should be March 31 each year to the educational administrative departments in their districts to submit the previous year's work report, the district educational administrative departments agreed to the initial review, before May 31 of that year, submitted to the civil affairs departments in their districts to carry out the annual inspection.

Education, civil affairs, health, fire and other administrative departments shall strengthen the daily inspection of off-campus lunch care institutions, and regularly and irregularly inspect off-campus lunch care institutions for the implementation of laws, regulations, rules, and these measures.

Article 35 The education administrative department shall notify the list of reviewed off-campus afternoon care institutions and their basic information on the department's information website.

The civil affairs department shall notify the registration and annual review of out-of-school lunch care institutions on the department's information website.

Article 36 The community workstation shall incorporate the school lunch care institutions into the community safety management, to assist the public security and fire safety departments to carry out safety supervision of the school lunch care institutions, and shall promptly report to the street office of the hidden safety hazards found.

Article 37 The school shall, within one month after the beginning of the school year, the basic situation of the school students in the off-site lunch care institutions lunch care statistics and reported to the educational administrative departments in their districts; found that hidden safety hazards or other problems detrimental to the growth of the students shall be promptly reported to the administrative departments of the educational departments of the districts in which they are located and the relevant departments.

Article 38 Schools and their teachers and other staff shall not set up out-of-school day-care centers, and teachers and other staff shall not work part-time in out-of-school day-care centers.

Article 39 In the event that an out-of-school lunchroom violates the provisions of these Measures, the guardian of the lunchroom student may file a complaint with the district education administrative department or the relevant functional department.

Article 40 of the District Education Administration and the relevant departments receive complaints from the guardians of students in the lunchroom, belonging to the department's responsibilities, shall be investigated and dealt with within ten working days, and will inform the complainant of the results of the investigation; does not belong to the department's responsibilities, shall be transferred to the department entitled to deal with the processing of the complaint within three working days and inform the complainant.

Chapter V Legal Liability

Article 41 If an out-of-school lunchroom violates health or fire laws, rules and regulations, it shall be punished by the administrative department of health or the public security and fire protection agency according to law.

Article 42 If an out-of-school lunch care institution violates the provisions of Article 18 of these Measures, it shall be ordered by the educational administrative department of the district in which it is located to make corrections and shall be fined from 2,000 yuan to 5,000 yuan.

Article 43 If an out-of-school lunch care institution hires a staff member who violates the provisions of Article 19 of these Measures, the health administrative department of the district in which the institution is located shall order correction and impose a fine of not less than 2,000 yuan and not more than 5,000 yuan.

Article 44 The off-campus lunch care institutions with staff in violation of the provisions of Article 20 of these Measures, by the educational administrative department of the district ordered to make corrections within a certain period of time; overdue corrections, by the educational administrative department of the district shall be imposed a fine of not less than 2,000 yuan and not more than 5,000 yuan.

Article 45 If an out-of-school lunchroom violates the provisions of Article 22 of these Measures, the educational administrative department of the district in which it is located shall impose a fine of not less than 2,000 yuan and not more than 5,000 yuan; if serious consequences result, the educational administrative department of the district in which it is located shall impose a fine of 20,000 yuan.

Article 46: Where an out-of-school lunchroom arranges for vehicles to transport lunchroom students in violation of the provisions of Article 28 of these Measures, the public security traffic police department shall order rectification and impose a fine of not less than 2,000 yuan and not more than 5,000 yuan; in the event that serious consequences result, a fine of 20,000 yuan shall be imposed.

Article 47: If an out-of-school lunchroom violates the provisions of the first paragraph of Article 29 of these Measures, and fails to sign an Agreement on Entrustment of Primary and Secondary School Students' Lunchroom Services with the guardian of the lunchroom students, it shall be ordered to make corrections by the educational administrative department of the district in which the school is located; if it fails to make corrections after the deadline, it shall be imposed a fine of more than 2,000 yuan and less than 5,000 yuan.

Article 48 If a school violates the provisions of Article 37 of these Measures and fails to report to the education administrative department, it shall be ordered by the education administrative department to make corrections and shall be notified and criticized.

Article 49 In-service teachers or other staff of the school in violation of the provisions of Article 38 of these Measures, the administrative department of education shall order correction and impose penalties in accordance with the law.

Article 50 If an out-of-school lunch care institution violates the regulations on health or fire control and has its administrative license for health or fire control revoked, the education administrative department of the district in which it is located shall revoke its approval documents and the civil affairs department shall revoke its registration as a private non-enterprise unit in accordance with the law.

Article 51 If an application for the establishment or registration of an out-of-school lunchroom is fraudulent, the approving department shall revoke its approval documents and the civil affairs department shall revoke its registration as a private non-enterprise unit in accordance with the law.

Article 52 If an out-of-school lunchroom is not approved by the district education administration department or registered by the district civil affairs department, it shall be banned by the comprehensive law enforcement department of the street in accordance with the law, and its property may be seized or impounded in accordance with the law.

Article 53 The civil affairs department shall punish out-of-school lunch care institutions that violate the regulations governing private non-enterprise units.

Article 54 The staff of the management department of the out-of-school day-care institutions shall be punished for dereliction of duty, favoritism and malpractice, or failure to perform their duties in accordance with the provisions of these Measures; if the circumstances are serious enough to be suspected of committing a crime, they shall be transferred to the judicial organs to pursue criminal responsibility according to the law.

Chapter VI Supplementary Provisions

Article 55 The provision of evening care services for students after school in the afternoon shall be managed in accordance with these Measures.

Article 56 These Measures shall be implemented as of March 1, 2009.