The Charter of Fuzhou Melbourne Polytechnic (Amendment)

From：Fuzhou Melbourne Polytechnic Time： 2022-09-14 Click：

Chapter 1 General Provisions

Article 1. In order to standardize the conduct of the institute and ensure the achievement of the public interest goals, the Charter of Fuzhou Melbourne Polytechnic is formulated in accordance with the Interim Regulations on the Registration and Administration of Public Institutions and its implementing regulations, coupled with other relevant rules.

Article 2. The official name of the institute is Fuzhou Melbourne Polytechnic.

Article 3. The address of FMP is No. 9 Lianrong Road, Shangjie Town, Minhou County, Fuzhou, Fujian

Article 4. The funding of the institute is non-financial subsidy from the government.

Article 5. The start-up capital of the institute is RMB 90, 201, 000.

Article 6. FMP is organized by the following hosting organizers: Minjiang University, the Chinese educational institution; Melbourne Polytechnic, the foreign educational institution; Fujian Wanzhong Education Investment Management Co. Ltd., the fund provider for FMP, which is introduced by Minjiang University according to law.

Minjiang University and Melbourne Polytechnic are responsible for the teaching and administration related management of FMP through executive council and the Administration which is organized by them. Fujian Wanzhong Education Investment and Management Co. Ltd., undertakes the responsibility of providing funds for FMP and assets and financial management, and bear the corresponding legal responsibility.

Article 7. The nature of FMP is a Chinese-foreign cooperative institute with independent legal entity that does not require return on investment. It is a non-profit organization for social benefits and an integral part of Chinese education. According to the law, FMP enjoys the autonomy of schooling and independent commitment to legal responsibility. The registration management authority of FMP is the Fujian Institution Registration Management Authority.

Chapter 2 Aims and Scope of Business

Article 8. The principle of FMP is to adhere to the open development strategy and the introduction of quality foreign education resources in order to cultivate internationalized students. The institute is committed to become an open and high-level Sino-foreign cooperative education institute with its own characteristics.

Article 9. The sphere of business of the institute includes: Implement full-time junior college education and non-academic education; If the condition is met, the institute should apply for providing the full-time undergraduate education and non-academic education. FMP will also provide trainings based on the school-running condition.

The full-time students of junior college education will obtain the junior college diplomas of FMP and the diploma of MP (Diploma of associated degree or other education certificates) if the students pass all the courses during their study at FMP. The full-time students of non-academic junior college education will obtain graduation certificates and the diploma of MP (Diploma of associated degree or other education certificates) if the students pass all the courses during their study at FMP.

Chapter 3 Scale of the Institute

Article 10. It is planned that 2000 registered full-time students would study at Fuzhou Melbourne Polytechnic by 2020, and the scale would be enlarged based on the needs of the society and the development of FMP.

Chapter 4 Disciplines and Majors

Article 11. In order to meet the requirement of economic and social development of Fujian Province, Fuzhou City and the enterprises, a number of majors including Electronic Information, Finance, Business and Trade, Tourism and so on, are set up. Meanwhile, according to the requirements of regional economic and social development, other majors should be added reasonably.

Chapter 5 Hosting Organizers

Article 12. The rights of the hosting organizers:

(1) Put forward the school-running principles and business sphere of FMP (see

Articles 8 and 9 for details);

(2) Establish the first Executive Council of FMP;

(3) Appoint relevant members to the Council;

(4) Nominate, appoint or dismiss the chairman and vice chairman of the Council;

(5) Approve work reports of the Council;

(6) Supervise the running of FMP;

(7) Examine and verify the draft of the Charter and the amendment of the

Charter

(8) Exercise the rights of the hosting organizers by the appointed members

according to the regulations of the Charter;

(9) Exercise the rights of the hosting organizers stipulated by laws and

regulations.

Chapter 6 The Executive Council

Quarter 1 Sections and Responsibilities

Article 13. The institute shall establish the executive council according to the law. The council is the supreme decision-making section of all cooperative partners according to the cooperation agreements, and it legally executes the decision-making authority. As the decision-making and supervision section, the council shall report to the hosting organizers.

The council is elected for a term of four years.

Article 14. The Council is composed of nine members, whose sources and quotas are as follows: five from China, three from Minjiang University (including the Party Secretary of FMP appointed by Minjiang University), two from Fujian Wanzhong Investment and Management Co. Ltd., three from Melbourne Polytechnic and the president or chief executive administrator from FMP.

Article 15. Authorities of the council include:

(1) the re-election or by-election of members;

(2) Appoint, dismiss or nominate the president and vice president of Fuzhou Melbourne Polytechnic;

(3) Revise the charter, examine and approve the main management systems of the institute;

(4) Consider development plan and approve annual plans;

(5) Raise the operating funds, examine and approve budgets and final accounts;

(6) Determine the staff, quotas and the salary scales;

(7) Determine the separation, amalgamation and termination of the institute;

(8) Determine other major items stipulated in the charter.

The following items discussed by the council are required to be approved by two thirds or more members.

(1) Appoint or dismiss the president and chief executive administrator of Fuzhou Melbourne Polytechnic;

(2) Revise the charter of the institute;

(3) Discuss and confirm development plans;

(4) Consider budgets and final accounts;

(5) Determine the separation, amalgamation and termination of the institute;

(6) Determine other major items stipulated in the charter.

Quarter 2 The Members of the Council

Article 16. The term of the members of the Council is the same as that of the Council. The members of the Council can be re-elected consecutively at the expiration of the term.

The executive director is appointed by Fujian Wanzhong Education Investment and Management Co., Ltd. The executive director is entitled the examination and authority rights of investment in the institute and extra-budgetary funds and the executive director shall execute the supervision rights on institute’s assets and financial management. After Fujian Wanzhong Education Investment and Management Co., Ltd. has fulfilled the investment obligation stipulated in the Article 56 of this Charter, the executive director shall have the right to raise the funds to ensure the development and the operation of the daily management of the institute.

The members of the Council shall not receive remuneration because of his or her council membership. The expenses of transportation and communication etc. arising from the performance of his or her duties may be disbursed in accordance with the relevant provisions.

Article 17. The members of the council shall be qualified in terms of knowledge and ability for the post and be familiar with and abide by relevant laws, regulations and national policies. The members of the council should faithfully, honestly and diligently perform their duties.

Article 18. The members of the council shall enjoy the following rights:

(1) attending the council meetings and having the right to speak, to propose, to vote, to elect and to be elected;

(2) having the right to know about, to propose and supervise the council meetings and how the institute is running;

(3) having other entitled rights by the council.

Article19. The members of the council shall perform the following obligations:

(1) complying with the Charter of the institute and other relevant regulations;

(2) observing and implementing the resolutions of the council meetings;

(3) attending council meetings and other relevant activities on time;

(4) not disclosing unauthorizedly confidential information of the institute;

(5) not seeking improper benefits from the institute for oneself or others as a member of the council;

(6) fulfilling other relevant obligations stipulated by the council.

Article 20. The members of the council may resign during their term of office. A written report shall be submitted to the council and the membership of the council shall be terminated after approval of the council meeting by voting. The resignation of the appointed member of the council shall be approved by the appointing party.

Article 21. In the event of any of the following circumstances, the council shall terminate the membership of the member of the council in accordance with the procedures:

(1) not attending council meetings for more than three consecutive times without justified reasons;

(2) being unable to continue to perform duties due to health or work status etc.;

(3) violation of the laws and regulations, and being investigated for criminal liabilities;

(4) other circumstances prescribed by laws, regulations and this Charter.

Article 22. If the electing party or the appointing party proposes replacement of the member of the council, the replacement shall be voted by the council, following the original election methods and procedures.

Article 23. Any vacancy of the member of the council shall be timely filled according to the original election methods and procedures.

Quarter 3 Chairman of the Council

Article 24. The council shall have one chairman and one vice chairman. The chairman shall be appointed by Minjiang University, and the vice chairman shall be appointed by Melbourne Polytechnic.

Article 25. The chairman shall enjoy the following rights:

(1) convening and hosting council meetings;

(2) confirming the agenda for council meetings;

(3) supervising and checking the implementation of the resolutions made by the council;

(4) other authorities entrusted by the council.

Article 26. The vice chairman should be assigned by the chairman to implement the duties of the chairman when the chairman is unable to implement his or her duties.

Quarter 4 The Council Meeting

Article 27. The council meeting should be held at least annually. The council meeting should be convened and hosted by the chairman. The principal administrator or one-third or more of the members of the council may request an interim meeting.

Article 28. The procedure of the council meeting shall include:

(1) suggesting holding the council meetings and confirming the agenda;

(2) giving notice of the meetings (date, time, venue, agenda etc.) and sending related materials to all of the members 10 working days in advance;

(3) discussing the agenda of the meetings;

(4) voting and making council resolutions;

(5) making meeting minutes.

Article 29. Council meetings can only be held when more than two thirds of the members of the council are present.

Article 30. Open ballot is applied for the council meetings. Every member is entitled to one vote. All the items adopted should be agreed by more than half of the members of the council. The chairman has the right to make the final decision when the number of people who vote for items equals to that of against them. Items of great significance should be adopted by more than two thirds of the members.

If members of the council who vote for resolutions which are in violation of the law, regulations or the Charter of FMP, they should take responsibility for the resolutions. Members who vote against them are not responsible for the resolutions.

Article 31. Meeting minutes should be made for every council meeting. All the members of the council and recorders presented should sign their names on the meeting minutes. The meeting minutes should be kept as the important documents.

Article 32. The meeting minutes of the council meeting shall specify the following contents:

(1) members attending the meeting, attendees without voting rights, absentees and causes of the absence;

(2) the date and the venue of the meeting;

(3) main issues and agendas;

(4) key points of each member’s presentation;

(5) the voting result if there is a submission of a vote.

(6) other items that the council believes should be included in the minutes.

Chapter 7 Management Team

Article 33. As the executive operator of the council, the management team of the institute is composed of the principal administrators such as the president of the institute and other main administrators. The management way is the President-in-charge under the leadership of the council.

Article 34. The management team shall perform the following duties:

(1) implementing the decisions made by the council;

(2) drafting and implementing daily management documents including annual plans;

(3) compiling and implementing financial management including operating budget;

(4) managing faculties and staffs;

(5) reporting to the council regularly;

(6) performing other duties entrusted by the council.

Article 35. The president of the institute shall meet the qualifications prescribed by the state, including 10 years of experience in higher education management, and under the age of 70. The council shall be responsible for the nomination, appointment and dismissal of the position. The president shall serve for a four-year term and be eligible for an additional term after the approval by the authority. The vice president shall be nominated by the president and appointed by the council.

Article 36. The president of the institute shall be responsible to the council and undertake the teaching and administrative management of the institute. The duties are as follows:

(1) implementing the decisions made by the council;

(2) implementing development plans and drafting annual work plans, financial budgets and the regulations;

(3) employing and dismissing staff and implementing staff reward and punishment measures;

(4) organizing teaching and scientific research activities and ensuring teaching quality;

(5) undertaking daily management of the school;

(6) performing other duties entrusted by the council.

Article 37. The legal representative of the institute, appointed by Minjiang University shall be approved by the relevant authorities. If the legal representative is incompetent, after the proposal by one third of council members and the concurrence of two thirds of the council members, the legal representative can be expelled. Approved by the examining and approving organization, the corresponding alteration formalities shall be carried out.

Article 38. The Institute shall establish Academic Committee, which is responsible for the following duties: considering works in discipline development, major setting, teaching and scientific research planning, and evaluating achievements of teaching and research, etc.

Article 39. The Institute shall establish Teaching Affairs Committee, which is directly under the leadership of the president, to be responsible for researching and deciding some major issues in the teaching management of the institute.

Article 40. The educational level and teaching quality of the institute should be evaluated and supervised by related Chinese Education Administrative Departments, Australian Qualifications Framework (AQF) and Australian Education Authority. The institute also accepts the supervision and guidance from the commissioners appointed by the Chinese Education Administrative Department.

Chapter 8 The Party Organization, the Communist Youth League and The Staff Wellness Committee

Article 41. The institute establishes the Party Committee in accordance with the Constitution of the Communist Party of China. the Party Committee plays a political core role to carries out work for school management and student development. Besides, the Party Committee participate in decision-making and supervision of the institute. The Party secretary should join the Council through legal procedures. Matters involving Party building and ideological and political work should be discussed and researched by the Party Committee. The main duties of the Party Committee are to ensure the political orientation, promote the development of the institute, the ideological and political work and to make self-improvement and unite the staff and students.

Article 42. According to the scale of school and the number of Party members, the Party Committee sets up and optimizes work departments and the basic Party organization. The Party Committee should also strengthen party affairs staff and ensure their corresponding benefits. The funds for Party related activities should be included in the institute’s annual budget.

Article 43. The Party Committee attaches great importance to the work of ideological and political education of teachers and students. To strengthen ideological guidance, the full-time teachers and counselors of the ideological and political theory courses should be developed.

Article 44. According to the Constitution of the Communist Youth League of China, the institute establishes the Communist Youth League under the leadership of the Party Committee. The Communist Youth League carries out activities which benefit students’ development and their ideological and political consciousness according to the Constitution of the Communist Youth League.

Article 45. In accordance with the Labor Union Law of the People’s Republic of China, the institute establishes the Staff Wellness Committee to ensure the legitimate rights and interests of teachers and staff (including foreign teachers and managers). The institute establishes a teacher-centered Staff Conference system according to the Interim Regulations on the Staff Conference of Colleges and Universities to strengthens the democratic supervision and management of the institute.

Chapter 9 Faculty and Students

Article 46. The institute shall build a faculty with a reasonable structure and excellent teaching ability. The arrangement and allocation of teachers shall be developed based on the principle of overall planning and teaching staff shall be rationally allocated.

Article 47. The institute shall be responsible for the faculty’s moral education and professional training.

Article 48. The institute shall implement a full employment contract system for the faculty and establish reasonable performance assessment and promotion systems. Recruitment of the faculty is open to the society and the appointment contract is signed by the president and the appointee.

Article 49. In accordance with the principle of “giving priority to efficiency with consideration of fairness” and “distribution according to work”, “more pay for more work”, and “higher efficiency and higher pay", the institute independently determines the salary and bonus distribution methods, rewards and punishments for the faculty. The institute shall guarantee the salaries and benefits of the faculty and pay social insurance for the faculty.

Article 50. During the working period in the institute, the faculty shall enjoy the same rights as the public school staff in terms of professional training, professional title appointment, seniority and salary calculation, commendation and rewards, and social activities.

Article 51. The enrollment of students shall be incorporated into the unified national enrollment plan, and be carried out in accordance with the relevant regulations of the state. The school enrollment regulations and the admission brochure shall be submitted to the examining and approving organization for the record.

Article 52. The institute shall protect the lawful rights and interests of the students. Manage students’ registration, grant awards or impose disciplinary measures on students in accordance with the relevant regulations of the state. The institute shall issue the Diploma of Fuzhou Melbourne Polytechnic and the Associate Degree of Melbourne Polytechnic to students who have successfully completed the entire curriculum.

Article 53. The institute shall seek job opportunities for graduating students. The students shall choose their career by themselves.

Chapter 10 Assets Management and Utilization

Article 54. The institute assets shall be protected by law, and shall not be illicitly distributed, seized or embezzled by any units or individuals.

Article 55. The institute shall use its funds in accordance with the aim and the scope of school.

Article 56. As the full-funding investor of the institue, approved by Minjiang University and Melbourne Polytechnic, Fujian Wanzhong Education Investment and Management Co., Ltd. shall guarantee the registered capital of no less than RMB80 million (subject to the special audit report). By April 30, 2024, Fujian Wanzhong Education Investment and Management Co., Ltd. shall have funded no less than RMB100 million on the infrastructure construction of Fuzhou Melbourne Polytechnic.

Fujian Wanzhong Education Investment and Management Co., Ltd. has the right to external financing in the name of FMP in order to ensure the normal operation and development of FMP after fully fulfilling the investment obligations stipulated in the preceding articles.

Article 57. The institute shall carry out the accounting system which is the same as other governmental institution in China and establish a sound financial and accounting system as well as the assets management system. The institute should set up accounts to be supervised by the tax, accounting, auditing departments.

Article 58. The institute shall allocate and manage financial staff according to laws, regulations and accounting system.

Article 59. Salaries, social security and welfare benefits of faculty shall be carried out in accordance with relevant laws and regulations of China.

Article 60. Economic responsibility audits shall be carried out before the change of the term of the council and the legal representative of the institute.

Article 61. During its running period, the institute legally enjoys corporate property rights of the assets, state-owned assets, donated property and school-running accumulation from its organizers and cooperators. Any organization or individual mustn’t encroach on these rights.

Article 62. Charging items and standards of the institute shall be determined and promulgated in accordance with the government’s pricing requirements, and the tuition fees and other items shall be charged in RMB.

Article 63. Fees charged by the institute shall be mainly used for teaching and improving school conditions

Article 64. Foreign exchange revenue and expenditure activities of the institute and its opening and use of foreign exchange accounts shall be subject to national regulations on foreign exchange.

Article 65. The institute shall make an annual financial report. Then entrust the social audit institutions to legally conduct audits and publish the results to the public, and report to the approving authority for their record at the end of each fiscal year.

Article 66. Funds of the institute shall be used exclusively for school’s development stipulated in the charter of the institute. At the end of each fiscal year, the institute shall take, at least 25% of the annual net assets increase, as development funds. The development fund is mainly used for: school development and maintenance, purchasing and updating for teaching equipment, facilities’ improvement, school’s planning support, discipline development, staff and the transformation of scientific research, rewards for the council members, faculty and students who have made outstanding contributions to the institute. The use of the institute development fund is decided and managed by the council.

Chapter 11 The Rewards

Article 67. Fuzhou Melbourne Polytechnic, a Sino-foreign cooperative educational institution, does not require rewards of investment. It is a non-profit organization for social benefit and an integral part of Chinese education. The institute is an integral part of socialist education. The accumulated assets through school running and the donated property is school-owned.

Chapter 12 Information Disclosure

Article 68. According to the related national laws and the regulations made by the registration department of public institutional organization, the institute shall disclose its information truthfully, accurately, completely and timely.

Chapter 13 Termination and Disposal of Remaining Assets

Article 69. Division or merger of the institute shall be reported to the examination and approved by the council after liquidation.

Article 70. The change of the institute shall be proposed by the cooperators and reported with the consent of the council to the examination and approved after liquidation, before carrying out relevant alterations.

Article 71. Any change in the domicile or legal representatives shall be subject to examination and approval of the authority, and then relevant alteration formalities shall be undertaken. With regards to any alteration in the president or the principal administrator of the institute, the relevant alteration formalities shall be undertaken in a timely manner.

Article 72. Any change in the name, level or type of the institute shall be reported by the council to the examination and approval authority.

Article 73. The institute shall be terminated in one of the following cases:

(1) where a request for termination is made in accordance with the charter of the institute or with the agreement of both parties and approved by the examination and approval authority;

(2) where its permit for school running is revoked;

(3) where it is unable to continue its operation due to insolvency.

Apart from these three cases above, the sponsors and cooperators must ensure that the obligation is fulfilled during the validity of the cooperation agreement. Upon termination of Fuzhou Melbourne Polytechnic, all parties related shall be responsible for the students in the institute and make appropriate arrangements for them and protect their rights.

Article 74. The decision to terminate the institute shall be approved by the council. The resolution of termination shall be reported to the authority for examination and approval.

Article 75. Before the institute applies for cancellation of registration, the council shall establish the organization to liquidate the assets under the guidance of the related responsible departments. New activities are not allowed during the liquidation.

Article 76. Once the liquidation completed, the report will be passed to the council to the related responsible department for review and approval. The cancellation of registration with Registration and Management Department of Public Institutions will be validated after the previous process has been completed.

Article 77. After ending the institute, the remaining property will be disposed under the supervision of the responsible department, according to the related laws and regulations. After the legal liquidation, except the property in land which is owned by Minjiang University, the institute’s other property will be disposed according to the nation’s related rules.

Chapter 14 Chapter revision

Article 78. The institute’s charter should be revised if one of the followings occurs:

(1) The rules in the charter do not conflicted with the revised national laws, administrative laws and regulations;

(2) The contents in the charter are conflicted with the real situation;

(3) Any other situation the council thinks that the charter should be revised.

Article 79. Charter revision must be proposed by one third of the council members; be discussed by the council and be approved by over two thirds of the members to be passed. The revision plan which is passed by the council, checked and agreed by the responsible departments, will be reported to Registration and Management Department to put in their records. If it is related to legal representative registration matters for public institution, the institute should apply for registration revision to the Registration and Management Department.

Chapter 15 Supplementary Provisions

Article 80. This charter is voted to pass by the council on ______ (date) ______ (month) ______ (year).

Article 81. If any content in this charter conflict with laws and rules, administrative regulations and the nation’s policy, the laws and rules, administrative regulations and the nation’s policy should be followed. If it is about legal representative registration which matters for public institution, Legal Representative Certificate for Public Institution issued by Registration and Management Department shall be followed.

Article 82. The interpretation right of this charter belongs to the council.

Article 83. This charter comes into force when the Fujian Institution Registration Management Authority approves and puts it on record.

About Us

The Charter of Fuzhou Melbourne Polytechnic (Amendment)