Constitution and By-Laws of the Confucius Institutes
Chapter 1: General Principles
1 This Constitution and By-Laws are formulated to ensure the sound operation and development of the Confucius Institutes, in order to promote a better understanding of the Chinese language and culture among the people of the world; develop friendly relationships between China and other countries; accelerate the development of multiculturalism at the international level; and help bring about global peace and harmony.
2 This Constitution and By-Laws are applicable to all Confucius Institutes worldwide.
3 In any other language, the name chosen to represent the Confucius Institute must be equivalent in connotation and meaning to that of the head institute in Chinese.
4 The Confucius Institutes are non-profit, educational institutions.
5 The Confucius Institutes shall develop and facilitate the teaching of the Chinese language and promote educational, cultural, and economic exchange and cooperation between China and other international communities.
6 The Confucius Institutes shall abide by the laws and regulations of the countries in which they are located, and they shall not contravene the laws and regulations of China.
7 The Confucius Institutes shall not involve or participate in any political, religious, ethnic/ racial, or any such related activities.
8 A Confucius Institute can be established in various ways, with the flexibility to respond to the specific circumstances and requirements found in different countries.
9 Any legal person or corporate body capable of facilitating language instruction and conducting educational and cultural exchange activities is eligible to apply for permission to establish a Confucius Institute.
10 The Confucius Institutes conduct their Chinese language instructions in Mandarin, using Simplified Chinese Characters.
Chapter 2: Business Service
11 The Confucius Institutes shall provide the following services:
a. Developing Chinese language courses for various social sectors;
b. Training Chinese language instructors for local institutions and providing them with Chinese language teaching resources;
c. Establishing local facilities for the holding of the HSK Examination (Chinese Proficiency Test) and for the administration of procedures for the Certification of the Chinese Language Teachers;
d. Providing information and consultative services concerning Chinese education, culture, economy and society;
e. Promoting research about Contemporary China.
Chapter 3: The Headquarters
12 The Headquarters of the Confucius Institutes, located in Beijing in the People’s Republic of China, is the highest regulatory body of the Confucius Institutes worldwide.
13 The Headquarters of the Confucius Institutes is a non-profit organization which has the independent status of a legal person or corporate body.
14 The Headquarters of the Confucius Institutes shall be governed by the Council. The Council shall consist of the Chair, the Vice-Chair, the Executive Council Members, and the Council Members. The Chair, the Vice-Chair, and the Executive Council Members shall be appointed by the Chinese government, and the Council Members shall be appointed through recommendation by individual Confucius Institutes from around the world.
15 The Council of the Headquarters of the Confucius Institutes shall establish a Secretariat. The Secretariat shall be responsible for the daily operations of the Headquarters. The Secretariat shall be administered by the Secretary-General and the Deputy Secretary-General.
16 The duties of the Headquarters of the Confucius Institutes include:
a. Convening Council Meetings at regular intervals;
b. Formulating the Constitution and By-Laws, development plans, evaluation criteria, and appraisal standards for the Confucius Institutes;
c. Examining and approving applications for the establishment of new Confucius Institutes;
d. Examining and approving the implementation of annual projects, annual budgetary items, and final financial reports of individual Confucius Institutes;
e. Providing support and resources to individual Confucius Institutes;
f. Training administrative personnel and Chinese language instructors for the Confucius Institutes, and selecting and appointing deans and faculties for the Chinese partners, according to the needs of individual Confucius Institutes.
Chapter 4: Application and Establishment
17 An applicant for the permission to establish a Confucius Institute should be able to satisfactorily demonstrate the following:
a. That there is a need or demand for learning about the Chinese language and culture at the applicant’s location;
b. That the personnel, space, facilities, and equipments required for language and culture instruction are available;
c. That the capital for the establishment is in place, and that the source of funds for operation is stable.
24 The Board of Directors shall be responsible for assessing and approving the Confucius Institute’s development programs, annual plans, fiscal year summaries, project implementation, budget proposals, and final financial accounts.
18 An applicant for the permission to establish a Confucius Institute should submit an application package to the Headquarters of the Confucius Institutes. This package should include:
a. An introduction of the applicant;
b. A plan of the required instructional space, and lists of the relevant equipment and facilities available for the proposed Confucius Institute;
c. A projection of market demand, and operational and management plans for the proposed Confucius Institute;
d. A statement detailing the source, regulation, and management of the funds for the proposed Confucius Institute;
e. Other materials required by the Headquarters of the Confucius Institutes.
19 The Headquarters of the Confucius Institutes will assess the application package submitted by the applicant. The assessment may include verification of the document materials, debriefings and interviews, and on-the-spot investigations.
20 Upon the approval of an application, the Headquarters of the Confucius Institutes will sign an agreement with the applicant, thus conferring the permission for establishment and the official Confucius Institute Plaque upon that applicant.
Chapter 5: Funds
21 A newly established Confucius Institute will receive aid to its initial operation in the form of a set amount of funds provided by the Chinese Parties; however, the funds for its annual projects shall be raised by the individual regional Confucius Institute and the Chinese Parties in a ratio of 1:1 commitment
22 The Headquarters of the Confucius Institutes or the Chinese Partner will provide measures for the appropriation of the aforementioned funds. These measures will be stipulated separately in another document.
Chapter 6: Administration
23 An individual regional Confucius Institute shall establish a Board of Directors. A Confucius Institute established under joint venture shall form a Board of Directors consisting of members from both the Chinese and the overseas partners. The total number of members and the component ratio of the Board shall be determined through consultation.
25 An individual regional Confucius Institute shall adopt a system in which the Dean, appointed by the Board of Directors, shall assume the main responsibility for the Institute’s daily operation and administration.
26 The Dean of a regional Confucius Institute shall have good comprehension of the Chinese current national issues, a skillful command of the language of the country in which the Institute is located, suitable past experience in this administrative position, and a strong ability to promote public affiliation and market potential.
27 Instructors appointed by individual Confucius Institutes shall have a good appreciation of the Chinese language and culture, in addition to professional knowledge and competence as a teacher.
28 An individual regional Confucius Institute, in the allotted time, shall draw up budget proposals and executing plans for annual projects, sum up the final financial accounts and implemental efficacy of annual projects, and submit them to the Headquarters for examination and approval. Individual Confucius Institutes shall also submit the working schedules and summaries of their annual projects to the Headquarters for archiving purposes.
29 The Headquarters of the Confucius Institutes shall be responsible for conducting assessments of individual regional Confucius Institutes. The Headquarters reserves the right to suspend and/or terminate the Agreement with those Institutes that violate the principles or objectives, or fail to reach the standards set forth by the head establishment.
30 The Headquarters of the Confucius Institutes shall convene an Annual Confucius Institutes Conference to provide the opportunity for the individual Institutes to exchange ideas and experiences, and to further study issues concerning the construction and development of the Institutes
Chapter 7: Rights and Obligations
31 All Confucius Institutes shall enjoy the following rights:
a. The rights set forth in the Agreement and the Constitution and By-Laws of the Confucius Institutes;
b. The right to use the Name and Logo of the Confucius Institute;
c. The right of priority for obtaining teaching and cultural materials or resources provided by the Headquarters.
32 All Confucius Institutes shall observe the following obligations:
a. The obligation to observe the measures and regulations set forth in the Agreement and the Constitution and By-Laws of the Confucius Institutes;
b. The obligation to uphold and defend the reputation, image, and logo of the Confucius Institute;
c. The obligation to accept both supervision from and assessments made by the Headquarters.
Chapter 8: Legal Responsibility
33 The Headquarters of the Confucius Institutes reserves the right to pursue legal action to affix responsibility and invoke punitive consequences on any person/party for any of the following conduct:
a. The establishment of a Confucius Institute without permission or authorization from the Headquarters of the Confucius Institutes;
b. Any activity conducted under the name of the Confucius Institute without permission or authorization from the Headquarters of the Confucius Institutes;
c. Any violation of the Agreement or the Constitution and By-Laws of the Confucius Institutes that damages or tarnishes the reputation of the Confucius Institutes.
Chapter 9: Supplement
34 The Constitution and By-Laws of the Confucius Institutes must be followed as guide for setting up and regulating classrooms for the Confucius Institutes.
35 The Headquarters of the Confucius Institutes reserves the right to interpret this Constitution and By-Laws.
36 This Constitution and By-Laws shall go into effect from the date of approval set forth by the Council of the Headquarters of the Confucius Institutes.