Sign a contract with a bright certificate to make both sides of off campus training have rules to follow
2021-11-19
Recently, the website of the Ministry of Education announced the service contract for out of school training for primary and secondary school students (model text) (revised in 2021) (hereinafter referred to as the service contract (model text)) jointly issued by the Ministry of education and the State Administration of market supervision, so as to further standardize the signing and performance of contract parties, improve the service quality of out of school training institutions and resolve disputes arising from out of school training, Protect the legitimate rights and interests of the parties to the contract. Solve the problems of difficult refund and running away from the source The service contract (model text) consists of four parts: cover, instructions, special tips and contract text. The text of the contract includes the basic information of Party A and Party B, training services, training fees, rights and obligations of Party A, rights and obligations of Party B, training refund, liability for breach of contract, dispute settlement, other agreements, effective methods, contract annexes, etc, This paper reasonably defines the rights and obligations of both parties of the market transaction subject, and gives an appropriate definition of the quality requirements, guarantee conditions and risk distribution of the training service subject. "The scope of application includes online and offline disciplinary training and non disciplinary training. At the same time, it is clear in the instructions that the scope of application includes offline non disciplinary training for preschool children aged 3 to 6." Chen Dun, vice president and associate professor of Law School of Beijing University of technology and technology, said, "service contract (model text)" The optional items are set under several terms, which are checked by both parties through consultation to determine the rights and obligations of both parties. The reservation of optional items enhances the applicability of text terms, which is not only an effective response to the complexity of training services, but also conducive to both parties to make choices more in line with their own interests. " Protect the legitimate rights and interests of students and parents Since the "double reduction", all localities have vigorously promoted the governance of out of school training, and some new problems and challenges have also emerged. For example, training institutions frequently run away, and parents encounter problems such as refund and rights protection. The problem of "invisible variation" of out of school training has also become increasingly prominent. After being investigated and dealt with, a new "vest" has emerged. A large number of underground operation, unlicensed school running institutions and natural persons have emerged, and the site safety can not be guaranteed. These undesirable phenomena not only attack the compliance enthusiasm of legal institutions, but also bring personal and property safety risks to the trainees and their parents. The service contract (model text) focuses on some outstanding problems, such as incomplete qualification of some institutions, illegal charging by means of training loans, difficulty in refunding fees, and lack of guarantee for the safety of venues and school buses, and puts forward clear requirements through corresponding provisions. Zhang Wei, Professor of the Institute of curriculum teaching and research of East China Normal University and executive director of the international off campus education research center, said: "the service contract (model text) will play a positive role in reducing contract disputes, creating a fair, just and orderly training market environment, and fundamentally protecting the legitimate rights and interests of both parties, especially the disadvantaged students and their parents." Escort the healthy development of legal training institutions Previously, the off campus training industry grew savagely. Many institutions had incomplete licenses and qualifications, but dared to advertise everything, which not only misled students and parents, but also caused the result of "bad money expelling good money" in the training industry. The service contract (model text) controls the first pass of comprehensively standardizing the service behavior of off campus training institutions in detail, and clearly requires training institutions to "sign contracts with certificates", which not only protects the rights and interests of students, but also protects the rights and interests of legal training institutions. Wang Xin, vice president and Secretary General of Shanghai Training Association (Shanghai Education Evaluation Association), believes that although the scope of application of the service contract (model text) is mainly for out of school training institutions for primary and secondary school students, considering the legitimacy, compliance and operability of its content is conducive to improving the standardization and self-discipline management of the industry as a whole, The national training industry association shall promote its use to all member units. Zhang Wei said: "promoting the service contract (model text) can better help local administrative and law enforcement departments implement relevant policies and point out a clearer direction for the compliance operation of training institutions." For out of school training institutions, the use of service contract (model text) needs to pay attention to two key points: advance fund management and enrollment publicity management. The service contract (model text) specifies that the off campus training institution shall agree with the trainees to adopt bank custody, risk deposit and other safeguard measures to ensure the safety of pre charged funds. At the same time, it further defines the relevant requirements of pre charging. Wang Xin suggested that training institutions clarify the relevant fee collection and refund standards and fund security measures in the case of contract conclusion, change and termination. If the service contract (model text) specifies the description and promise of the training teachers and effects in the enrollment publicity materials, and has a significant impact on the conclusion of the training contract and the determination of the course price, it shall be regarded as an offer. "It is suggested that training institutions further standardize the contents of school running conditions, training methods and Teacher Allocation in the enrollment publicity materials, and comprehensively improve the standardization of enrollment publicity, so as to match the name with the reality," Wang Xin said. (outlook new era)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
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