Licensing of teaching activities. How to obtain a license for additional education: from preparing documents to a completed permit
Finally everything has moved forward!
After the adoption of the Federal Law “On Education in Russian Federation" dated December 29, 2012 No. 273-FZ and the adoption of the new Regulations on licensing of educational activities dated October 28, 2013 N 966 (link to the Regulations), there was, to put it mildly, confusion with licensing.
The licensing process did not proceed. He didn’t go - that’s all! All this was reminiscent of the fairy tale “About the White Bull.” The process looked like this: submitting documents – receiving comments – correcting comments – receiving comments – recalling documents for revision – submitting documents and so on. I won’t tell you that all subsequent comments contradicted the previous ones, what steps we took to obtain the coveted licenses, what creative or heroic deeds did the same. It seemed like there was no end to this and there never would be.
But a drop wears away a stone! And here they are - the first letters from the Department about the acceptance of documents for consideration on the merits, notifications about the passage of documentary checks (without comments!!!), the first visiting commissions! The first (after the New Year!) licenses received are already under the new legislation.
Those who were biding their time and did not want to be licensed “until everything settles down” - you are welcome! We know HOW to obtain licenses in a new way. There are difficulties, but they are all surmountable. Problems are solvable, sets of documents are within the capabilities of everyone. From you, our dear clients, as before, all that is required is realism, a positive attitude and money.
Among the pleasant moments - LLC, CJSC, OJSC and even! - Individual entrepreneurs! – get licenses, no restrictions!
The cost has not changed, still 48,000 rubles and payment 50/50. The list of documents to get started is the same, i.e. constituent documents and documents for the premises, more details below.
In addition to these documents (if you have the conclusions of RosPotrebnadzor and GosFirenadzor for educational organizations), you will need a number of documents on the content educational programs, health care, catering and medical care (this is exactly what is new in obtaining educational licenses). We provide a list of all documents and even samples to our clients free of charge. If difficulties arise, we help, if necessary, we do it ourselves.
Primary set of documents:
- Certificate of state registration
- Certificate of tax registration
- Charter
- Certificate of ownership of the premises, lease agreement (and sublease if you are a subtenant), acts of acceptance and transfer of premises
- Conclusion of Rospotrebnadzor (as before, if necessary, we receive it, cost – 22,000 rubles)
- Conclusion of State Fire Supervision for educational organizations (as before, if necessary, we receive it, cost – 35,000 rubles)
All documents are originals or notarized copies.
The remaining documents - as necessary, to get started - the name of educational programs with the number of training hours.
Our “first signs”:
Non-state private institution of additional education "Skills Capital"- foreign languages
Autonomous Non-Profit Organization of Continuing Education “International Language Center “New Perspective” - foreign languages
Limited Liability Company "C&L Academy"- foreign languages
Limited Liability Company "Prostoy.Ru"
Limited Liability Company "VERCONT SERVICE"— advanced training and professional retraining of teachers
Autonomous non-profit organization additional vocational education"International Center for Gemologists and Business" - advanced training for jewelers and gemologists
Limited Liability Company "CenterTechForm"— vocational training and advanced training in working specialties (welders, assemblers, mechanics, etc.)
Autonomous non-profit organization of additional education"ALPIAVIA" - amateur pilots, sports pilots (light aircraft)
So let's license, license, license!
If you are going to engage in educational activities, then do not forget that according to current legislation this type activities are subject to mandatory licensing.
Licensing of educational activities is currently regulated by: Federal law“On Education in the Russian Federation” No. N 273-FZ of December 29, 2012; Regulations on licensing of educational activities, approved by Decree of the Government of the Russian Federation of October 28, 2013 No. 966.
Educational activities in the Russian Federation are primarily regulated by the Federal Law “On Education in the Russian Federation”. Non-governmental organizations have the right to work in this area, in addition to state and municipal ones. educational organizations, organizations providing training - LLC, joint stock companies, as well as individual entrepreneurs - individual entrepreneurs.
Today educational organizations are:
— Autonomous non-profit organization
- Educational institution
Who needs a license for educational activities?
The law establishes that a license for educational activities is required for that educational organization that teaches programs of preschool, general (primary, basic, secondary (complete) education and additional education for children, regardless of the number of hours in the program or if it provides vocational training, conducts professional primary, secondary, higher, postgraduate, additional education, including the military, as well as scientific organizations engaged in professional training, educational divisions of organizations.
The following are not subject to licensing:
one-time lectures, internships, seminars, trainings, i.e. those types of education after which final certification is not expected, documents on education and (or) qualifications are not issued and are not conducted in educational programs.
Having received a license, an educational organization or organization providing training can not only conduct educational activities, but also apply benefits established by the legislation of the Russian Federation.
Licensing procedure:
The right to conduct educational activities arises for a legal entity or individual entrepreneur from the moment a license is issued to it. The procedure for issuing licenses is determined by the Regulations on licensing of educational activities, approved by the Government of the Russian Federation on October 28, 2013 N 966
The legal company "Northern Bridge" will help you by getting involved in the process of work or starting from scratch, i.e. from registration of the organization with the Federal Tax Service MI No. 46 for Moscow, the Ministry of Justice of the Russian Federation for Moscow, the Ministry of Education for the Moscow Region, and the Moscow region tax authorities.
So let's begin. Our actions point by point:
1. We register the organization and open a bank account.
2. We conclude a lease agreement (sublease, free use), collect documents for the premises (certificate of ownership, floor plan, explication).
3. We receive the conclusion of RosPotrebNadzor (SES) and agree on the Internal Control Rules.
4.
We receive conclusions from the Main Directorate of the Ministry of Emergency Situations for Moscow (Gospozhnadzor) (only for educational organizations)
5. We develop educational programs
6. We prepare and submit documents to the Department of Education to obtain an educational license.
7. We get a license.
The key point in obtaining a license is, of course, the premises and documents for it. Our consultation will help you make the right choice and avoid many problems and costs.
Cost and payment procedure:
The cost of services for obtaining a license is 48,000 rubles. The payment procedure is 50/50.
Time frame - 3 months
Please note that we have indicated the cost of our services for obtaining a license if all conclusions and documents are available. If you start work “from scratch”, i.e. you need to register an organization, prepare a lease agreement FOR YOUR PREMISES (the law firm does not have premises where you can place your training center), obtain opinions from RosPotrebNadzor and GosFireNadzor, write training programs and explanatory notes, the total cost of all work, duties, expenses will be approximately 140-150 thousand rubles.
Over all the years of work (9 years) we have not received a single refusal to issue a license.
Here is a partial list of clients who have used our services:
- Moscow School of Management "Skolkovo" (management consulting)
- CO "ELKOD" (educational center "Cosultant+")
- Beauty studio "Ash2O" (nail design courses)
- UCC "Teploproekt" (builders, estimators)
- Institute of Practicing Psychologists (advanced training for psychologists)
- Language center "LEXICON"
- Language center “People without borders”
- NOU "Fitness Profi" (training school for trainers)
- ANO DPO "EGIDA MKTA" (security, information protection, corporate intelligence) - 2011
- ANO "Wise Council" Wise Advice (economic block, 1C, management) - 2010
- ANO "AXIOMA" (pricing and estimating in construction and design) - 2011
- Training center "GRADIENT ALPHA" (finance, taxes, accounting, management) - 2011
- Non-profit educational institution "LongGreen" (language center) - 2011
Our “first signs” are licensees who received licenses under the new legislation (2014):
- Non-state private institution of additional education "Skills Capital" - foreign languages
- Autonomous Non-Profit Organization of Continuing Education “International Language Center “New Perspective” - foreign languages
- Limited Liability Company "C&L Academy" - foreign languages
- Limited Liability Company "Prostoy.Ru" - advanced training and professional retraining of teachers
- Limited Liability Company "VERKONT SERVICE" - advanced training and professional retraining of teachers
- Autonomous non-profit organization of additional professional education "International Center for Gemologists and Business" - advanced training for jewelers, gemologists, appraisers
- Limited Liability Company "CenterTechForm" - professional training and advanced training in blue-collar occupations (welders, assemblers, mechanics, etc.)
Do tutors need a license for educational activities? Returning to the topic of the need to obtain a license, we can talk separately about those who do not need it. Individual entrepreneurs who directly carry out educational activities themselves: tutoring, English teaching, drawing or modeling studios, etc., may not need to register educational license.
By hiring workers whose duties are not related to teaching, an entrepreneur also may not obtain a license and can safely work legally.
In all other cases, educational activities cannot be carried out without a license.
Until 2013, according to the law, a license was not needed if, based on the results of training, certification was not carried out and the corresponding diplomas were not issued. Most often, such training includes trainings, lectures and seminars, conducted rather as elective training.
This type of training, with the entry into force of changes in current legislation, is not subject to licensing. Now such training programs belong to the class of leisure or cultural, rather than educational, and therefore an educational license is not required to conduct them.
1. Educational activities are subject to licensing in accordance with the legislation of the Russian Federation on licensing individual species activities taking into account the features established by this article. Licensing of educational activities is carried out by types of education, by levels of education, by professions, specialties, areas of training (for vocational education), by subtypes of additional education.
2. Applicants for a license to carry out educational activities are educational organizations, organizations providing training, as well as individual entrepreneurs, with the exception of individual entrepreneurs who carry out educational activities directly.
3. Licensing of educational activities is carried out by a licensing body - a federal executive body exercising control and supervision functions in the field of education, or an executive body of a constituent entity of the Russian Federation exercising the delegated powers of the Russian Federation in the field of education, in accordance with the powers established by this Federal law.
4. The license to carry out educational activities (hereinafter also referred to as the license) has an annex, which is an integral part of it. The annex to the license contains information about types of education, levels of education (for vocational education, also information about professions, specialties, areas of training and qualifications assigned to the relevant professions, specialties and areas of training), subtypes of additional education, as well as addresses of places of implementation of educational activities, with the exception of places where educational activities are carried out for additional professional programs, main programs vocational training. For each branch of an organization carrying out educational activities, a separate annex to the license is drawn up, also indicating the name and location of such branch. The form of the license, the form of the annex to the license and the technical requirements for these documents are established federal body executive power, which carries out the functions of developing state policy and legal regulation in the field of education.
5. Re-issuance of a license, along with the cases established by the legislation of the Russian Federation on licensing of certain types of activities, is carried out by the licensing authority in the following cases:
1) reorganization of legal entities in the form of merger if the acquired legal entity has a license;
2) reorganization of legal entities in the form of their merger if one reorganized legal entity has a license or licenses from several reorganized legal entities.
6. Re-issuance of a license, depending on the basis for its re-issuance, is carried out in full or in part of the corresponding application.
7. When reorganizing an organization carrying out educational activities in the form of joining it with another organization carrying out educational activities, re-issuance of a license is carried out on the basis of the licenses of such organizations.
8. In order to ensure the implementation of educational activities by an organization carrying out educational activities and resulting from the reorganization of the licensee in the form of division or separation, the licensing authority grants such an organization a temporary license in accordance with the license of the reorganized licensee. The temporary license is valid for one year.
9. An application for a temporary license and the documents attached to it are submitted to the licensing authority no later than fifteen working days from the date of making the relevant changes to the unified state register of legal entities.
10. The licensing body makes a decision to grant a temporary license within a period not exceeding ten working days from the date of receipt of the license applicant’s application for a temporary license and the documents attached to it.
11. The form of the application for a temporary license, as well as the list and forms of documents attached to it, are established by the federal executive body exercising control and supervision functions in the field of education.
12. The licensing authority makes a decision to return the application and documents attached to it to the license applicant or licensee with a reasoned justification for the reasons for the return, along with established by law of the Russian Federation on licensing of certain types of activities in cases where one of the following grounds exists:
1) licensing of educational activities of a license applicant or licensee in accordance with this Federal Law is not within the competence of the licensing body;
2) educational activities are applied for licensing under educational programs that the license applicant or licensee, in accordance with this Federal Law, does not have the right to implement;
3) in accordance with the provisions on licensing educational activities, the licensee has an unfulfilled order from the federal executive body exercising control and supervision functions in the field of education, or an executive body of the constituent entity of the Russian Federation exercising powers delegated by the Russian Federation for state control (supervision) in field of education.
13. Licensing of the educational activities of educational organizations, the founders of which are religious organizations, is carried out on the proposals of the relevant religious organizations (if such religious organizations are part of the structure of centralized religious organizations, on the proposals of the relevant centralized religious organizations). When licensing the educational activities of religious educational organizations, information about qualifications is provided teaching staff with theological degrees and theological titles.
14. The Ministry of Foreign Affairs of the Russian Federation collects and transmits to the licensing authority applications from foreign institutions of the Ministry of Foreign Affairs of the Russian Federation as license applicants or licensees for the grant or renewal of licenses and documents attached to such applications.
15. Licensing requirements and conditions established in the regulations on licensing of educational activities must take into account the features of:
1) confirmation legal grounds the use by religious educational organizations of premises in which educational activities are carried out, as well as the educational qualifications of teaching staff of these organizations;
2) requirements for buildings, structures, structures, premises and territories of foreign institutions of the Ministry of Foreign Affairs of the Russian Federation, where educational activities are carried out, as well as for the organization of educational activities in them;
Law of July 3, 2016 N 305-FZ.
16. Features of licensing educational activities of educational organizations that implement educational programs containing information that constitute state secret, and are under the jurisdiction of the federal executive body in the field of security, the federal executive body exercising the functions of developing state policy, legal regulation, control and supervision in the field of state security, the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of defense, the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs, developing state policy in the field of migration, the federal executive body performing the functions of development and implementation of state policy and legal regulation in the field of activities of the troops of the National Guard of the Russian Federation, in the field of arms trafficking, in the field of private security activities and in the field of private security, the federal executive body exercising the functions of developing state policy, regulatory and legal regulation, control and supervision in the field of trafficking in narcotic drugs, psychotropic substances and their precursors, in the field of combating their illicit trafficking, other educational organizations implementing educational programs containing information constituting state secrets are determined by the regulations on licensing of educational activities.
(see text in the previous edition)
Came into force in September 2013 new edition Law “On Education in the Russian Federation” No. 273-F3. Along with other provisions, the article on licensing of educational organizations has undergone significant changes. This point is extremely important, since training centers (dance schools, courses foreign languages, yoga studios, creativity centers) operate in common system education.
What organizational and legal forms require a license?
According to the Law, almost all organizations conducting educational activities are subject to licensing (Article 91, paragraph 2): “Applicants for a license to carry out educational activities are educational organizations, organizations providing training, as well as individual entrepreneurs, with the exception of individual entrepreneurs carrying out educational activity directly."
Another innovation is that individual entrepreneurs who involve other teaching staff in educational activities were required to obtain a license before January 1, 2014 (Article 108, paragraph 10).
What activities are subject to licensing?
The range of types of education, according to the new law “On Education”, is quite wide (Article 91, paragraph 1): “Licensing of educational activities is carried out by type of education, by level of education, by professions, specialties, areas of training (for vocational education), by subtypes of additional education.” A license for foreign language courses is required in the same way as for a dance school.
Who issues the license?
The issuance of educational licenses occurs at two levels (Article 91, clause 3): “by the federal executive body exercising control and supervision functions in the field of education, or by the executive body of the constituent entity of the Russian Federation exercising the delegated powers of the Russian Federation in the field of education” . Such a body is federal Service on supervision in the field of education and science. In Moscow, the executive body is the Moscow Department of Education.
List of required documents
1.2. Development period.
1.3. Type, level of education.
1.4. Teacher, presenter.
1.4.1. FULL NAME.
1.4.2. Basic education, advanced training, retraining.
1.4.3. Academic degree, qualification category, honorary title.
1.4.4. General teaching experience (including in this discipline).
1.4.5. Main place of work, position; conditions for attracting labor activity In the organisation.
For individual entrepreneurs, this list is relevant, with the exception of items related to legal entities (Charter, Decision on establishment).
Terms and payment
The period for preparing documents for licensing is from 3 working days. The period for consideration of documents by the licensing authority is 45 working days. The license fee (since 2013) is 6,000 rubles. The bill for the work of the expert commission is paid separately (about 6,000 rubles)
By what date do I need to have a license?
For individual entrepreneurs, the deadline for obtaining a license is January 1, 2014. All other types of organizations are required to obtain a license before January 1, 2016. The validity of previously issued licenses for educational activities continues. They must be re-registered before 01/01/2016 (Article 108, paragraph 9).
Is it worth using intermediaries?
For obtaining an educational license, intermediary firms charge from 30,000 rubles. up to 100,000 rub. If the intermediary company works without the use of corruption schemes, then you will still have to collect the entire package of documents, and you will not save time. The intermediary company only helps determine the list of documents. Inspection of your premises by the Ministry of Emergency Situations and the SES will also take the required time. It is not possible to obtain an educational license very quickly. If an intermediary company promises to issue a turnkey license in 2 days, in this case you are supporting corruption by ordering their services. To conduct a preliminary examination of documents, you can go for a free 15-minute consultation with the Department of Education. They will carefully tell you all the details, but you will have to stand in line for 30-40 minutes.
Penalties for working without a license
For the implementation of educational entrepreneurial activity Without a license, you can be prosecuted under Article 171 of the Criminal Code of the Russian Federation. Punishment under this article can be a fine of up to 300 thousand rubles, compulsory work for up to 480 hours, and arrest for up to six months. If it is proven that the activity was carried out by a group of persons by prior conspiracy, then fines can reach 500 thousand rubles, and a sentence of forced labor and imprisonment for up to 5 years.
Is it possible to issue certificates to students?
Clause 15 of Article 60 directly states that now educational centers have the right to issue any documents that can be imagined: even diplomas, certificates or certificates, even medals: “organizations carrying out educational activities have the right to issue to persons who have mastered educational programs for which there is no provision for conducting final certification or training documents according to the model and in the manner established by these organizations independently.”
Case study - training center
“When we started filling out the documents, we found out a lot of interesting details, for example, you can specify any curriculum. Most of the time was spent inspecting the premises; we even had to measure the level of microbes and show an evacuation plan in case of fire. Don't tell the SES that you use computers! Otherwise, they may be forced to measure the radiation level. By the way, the license is issued for an unlimited period. But, if the rental period for the premises is limited, then a license can be issued for the rental period.”
Anastasia Fomina, head of the training center “National Project”, Moscow
Another case from practice - foreign language courses
“Inspecting premises is a completely unpredictable process, it can take several weeks, depending on your luck. Everything else is quite simple; it only took one day to collect the remaining documents. Obtaining an educational license for foreign language courses turned out to be easier than we thought.”
Kristina Gugnyaeva, head of foreign language courses at Deutschkurse, Moscow
Summary
- confirms proper level training center (availability of classrooms, training facilities, etc.), which strengthens the business reputation of the organization;
- gives the training center the right to issue its own sample document to its students about the courses taken, which is an additional marketing tool.