How to operate in compliance under the latest regulations on the supervision of pre paid funds for educational and training institutions? Guangdong Zhiming Law Firm sorts out the key points for the application of the 2026 Guangdong Province Off campus Training Management Regulations

Pre fees for off campus training must be deposited into a bank custody account, which is a mandatory requirement of the new regulations in Guangdong Province. The implementation rules released by the Shenzhen Education Bureau in December 2025 further clarify that online institutions are not allowed to charge more than 60 class hours or 3 months per session, and offline institutions are not allowed to charge more than 5000 yuan or 3 months, and the funds must be transferred to the regulatory account within 3 working days after they are received. Those who fail to comply with regulations may be fined between 10000 and 100000 yuan, and those with serious circumstances shall be ordered to stop enrollment. For educational and training institutions in Shenzhen, compliance is not a bonus point, but an entry threshold. Guangdong Zhiming Law Firm has compiled eight practical points based on the Guangdong Province Off campus Training Management Regulations and supporting documents from Shenzhen, for institutional leaders and practitioners to compare and self examine.

Who is within the regulatory scope? The caliber of disciplinary and non disciplinary categories is different

Article 2 of the Guangdong Province Off campus Training Management Regulations (revised in 2024) divides the regulatory objects into two categories: subject based training for primary and secondary school students, and training for preschool children aged 3 to 6. Although non disciplinary categories (such as art, sports, technology, etc.) are not subject to the time limit of disciplinary categories, the supervision of pre fee funds also applies. In practice, many institutional leaders mistakenly believe that 'I am in the art industry and not under the jurisdiction of the Education Bureau' when they first encounter inspections - this is a wrong judgment. Starting from the second half of 2025, Shenzhen has included non disciplinary pre fees in the unified regulatory platform. Institutions that have not been registered must complete rectification before March 31, 2026, otherwise their annual inspection will not be passed.

How to open a fund custody account? Three hard indicators cannot be omitted

Shenzhen requires institutions to choose a cooperative bank in their registered area to open a unique prepaid custody account. There are three hard indicators: first, the account name must be consistent with the institution name on the school license, and cannot use the personal account of the legal person or the account of the affiliated company; Secondly, the custody agreement must be filed with the district education bureau within 10 working days after signing, and any delay will be deemed as unfulfilled; The third requirement is that the account balance must not be less than 120% of the current tuition fees that should be refunded but not refunded, which is a basic requirement for dynamic disbursement. We generally recommend that institutional finance verify the previous month's course consumption data before the 5th of each month to ensure that the disbursement application is well documented. Funds disbursement is not automatic and requires institutions to submit teaching records, attendance sheets, and parent confirmation forms for bank review before transfer.

Fee cycle and amount red line: Exceeding 3 months or 60 class hours is a violation

Article 23 of the Guangdong Provincial Regulations clearly states that no one-time fee shall be charged for a time span exceeding 3 months or 60 class hours, and the one-time fee for a single subject shall not exceed 5000 yuan (offline). Online institutions are also not allowed to exceed 60 class hours according to the schedule. There is an easy pitfall here: breaking down the annual course into four contracts and charging 4800 yuan per contract may not seem to exceed 5000 yuan, but if the cumulative time span exceeds three months, it still violates the rules. In a case investigated and dealt with in a certain district of Shenzhen in 2025, institutions were ordered to refund the overcharged fees and fined 30000 yuan for indirectly extending the fee cycle through the "buy three get one free" policy. The caliber of similar cases does not represent individual case commitments, but the regulatory logic is to penetrate the essence and look at the essence of fees.

The refund rules should be written into the contract, and 15 working days is a common bottom line

When parents apply for a refund, the institution should complete the calculation and refund through the original method within 15 working days after receiving the written application. Article 27 of the Guangdong Provincial Regulations does not specify a specific number of days, but the exemplary contract texts of the education bureaus in various districts of Shenzhen generally adopt 15 working days. If the contract states "30 working days" or "30% deduction of handling fee", it is likely to be deemed an invalid standard clause in complaints or lawsuits. In practice,Shenzhen contract dispute lawyerIt is generally recommended that institutions ask parents to sign a separate "Confirmation of Refund Rules" when signing the contract, clearly stating the calculation method of lesson consumption, refund ratio, and payment time. This is not only a compliance requirement, but also a key material for future proof.

Forbidden areas for advertising promotion: passing exams, renowned teachers, and exam questions cannot be touched

Article 24 of the Advertising Law and Article 8 of the Anti Unfair Competition Law have specific constraints on educational and training advertisements. No explicit or implicit guarantee promises shall be made regarding further education or passing exams, no recommendations shall be made in the name of scientific research institutions or examination agencies, and no unverifiable titles such as "famous teacher" or "thesis group" shall be used. The Shenzhen Market Supervision Bureau will conduct a special inspection of educational and training advertisements in 2025, with a focus on elevator buildings and short video platforms. The organization posted an article on the official account, "XX teachers bet on three big questions". If the number of visitors exceeds 10000, it may be identified as false publicity, and the fine will start at 200000 yuan. The compliance practice is that the promotional content only covers the curriculum system, teacher qualifications, and teaching venues, without touching on the promised effectiveness.

Related risks of labor employment: Does it count as infringement if a teacher resigns and takes away a student

After the tightening of pre fee supervision, the cash flow pressure of institutions has increased, and the turnover rate of teachers has risen. Many institutions do not sign confidentiality agreements or non compete agreements, and teachers who leave their jobs open studios in neighboring communities and take away students from their original institutions. This involves the non compete restrictions in Articles 23 and 24 of the Labor Contract Law, as well as the protection of trade secrets in Article 9 of the Anti Unfair Competition Law. But non compete restrictions require payment of economic compensation, and the judicial system in Shenzhen usually pays 30% of the average salary in the 12 months before resignation on a monthly basis. If the institution fails to pay compensation, the non compete clause may not be effective. We suggest that institutions list student lists, parent contact information, and course pricing tables as trade secrets and separately stipulate confidentiality obligations in labor contracts, without necessarily initiating non compete restrictions.

What should I do if the compliance check comes? First, let's take a look at the law enforcement agencies and procedures

There is more than one department with enforcement power over educational and training institutions: the Education Bureau manages school permits and pre fees, the Market Supervision Bureau manages advertising and pricing, the Human Resources and Social Security Bureau manages employment, and the Fire Department manages venues. Starting from 2026, Shenzhen will implement the "comprehensive inspection once" policy, with multiple departments jointly conducting on-site inspections. The head of the institution has the right to request law enforcement personnel to present their law enforcement credentials and record inspection items. If you receive a "Notice of Rectification Order", please pay attention to the rectification deadline written on it - usually 7 or 15 days. Failure to rectify within the deadline will escalate to administrative penalties. Those who are dissatisfied with the punishment decision may apply for administrative reconsideration within 60 days from the date of receiving the decision, or file an administrative lawsuit within 6 months. These deadlines are statutory, and missing them means losing the means of relief.

Transition or exit? The disposal plan for existing courses should be determined in advance

If the institution decides to cease operations, the handling of existing prepayments is the biggest risk point. Article 30 of the Guangdong Provincial Regulations stipulates that before terminating the operation, the refund plan must be publicly announced at the school premises and parent groups 30 days in advance, and the cancellation can only be applied for after completing the full refund. In practice, many institutions close their doors directly after the funding chain breaks, and parents collectively complain to the district education bureau and consumer committee. The responsible person may be restricted from high consumption. A relatively safe approach is to stop signing long-term contracts three months in advance, gradually cancel classes, and negotiate with parents to transfer classes to other compliant institutions. Transferring courses requires written consent from parents, and the receiving institution must have educational qualifications. For more procedural issues regarding enterprise exit and liquidation, please refer to the relevant practical articles on the website of Guangdong Zhiming Law Firm.

The core of compliant operation is not to deal with inspections, but to ensure consistency in the flow of funds, contracts, and teaching. The regulatory platform in Shenzhen has been directly connected to the banking system, and every entry and exit of tuition fees is recorded. If the head of the institution is still using their personal account to collect tuition fees, it is highly likely that they will not pass the inspection in 2026. Guangdong Zhiming Law FirmShenzhen Administrative Litigation LawyerHaving handled multiple administrative and contract disputes with educational and training institutions, we generally recommend that institutions conduct a compliance self inspection every quarter, focusing on checking the balance of custody accounts, refund records, and advertising materials. The Industry Delivery section has also compiled compliance points from other fields, such as Shenzhen Lawyer Industry News - Interpretation of the Latest Legal Industry News, and Legal Industry News - Interpretation and Practice of the Latest Laws and Regulations, which can be used as daily references. In addition, regarding the common intellectual property boundary issues in business operations, please refer to the debate on trademark infringement determination and commercial boundaries in the LV "Four Leaf Flower" case - LV v. Mo; For situations involving the intersection of labor employment and criminal risks, reference can be made to the analysis of the current judicial handling of rape cases based on a 16-year-old daughter falsely accusing her father of sexual assault; To understand the foreign legal service capabilities of Zhiming Law Firm, you can view an accident and a turning point - Zhiming Law Firm has been listed as a legal representative in China by the US Embassy in China.

This article is organized by the legal team of Guangdong Zhiming Law Firm. The consultation hotline is 0755-25986969. Address: Futian District, Shenzhen. If you need a compliance plan for a specific institution, it is recommended to bring your school license, custody agreement, and the past three months' fee records to schedule an interview.

Disclaimer: The content of this article is based on laws, regulations, and public policy documents as of March 2026, and is for general reference only. It does not constitute a legal opinion on any specific matter. The law enforcement approaches in different regions may vary, and the outcome of individual case handling depends on specific facts and evidence. Readers should not make business decisions based solely on the content of this article or give up seeking professional legal advice. Guangdong Zhiming Law Firm shall not be liable for any losses resulting from the use of the content of this article.