What are the legal requirements for refunds of fees for off-campus training institutions? (Is it illegal for off-campus training institutions not to withdraw tuition fees? ）

Is it illegal for off-campus training institutions not to withdraw tuition fees?

Illegal.

Article 496 Format clauses are clauses that the parties have formulated in advance for reuse and have not negotiated with the other party at the time of conclusion of the contract.

Where a contract is concluded using a format clause, the party providing the format clause shall follow the principle of fairness to determine the rights and obligations of the parties, and take a reasonable way to remind the other party to pay attention to clauses that have a significant interest in the other party such as exempting or mitigating its responsibilities, and explain the clause in accordance with the requirements of the other party. If the party providing the format clause fails to fulfill its obligation to prompt or explain, causing the other party to fail to pay attention to or understand the clause with which it has a significant interest, the other party may claim that the clause does not become the content of the contract.

Article 497: In any of the following circumstances, the format clause shall be invalid：

(1) It has the invalid circumstances stipulated in Chapter 6, Section 3, of Part One of this Law and Article 506 of this Law；

(2) The party providing the format clause unreasonably exempts or mitigates its responsibilities, increases the responsibilities of the other party, or restricts the main rights of the other party；

(3) The party providing the format clause excludes the main rights of the other party.

Article 563 In any of the following circumstances, the parties may terminate the contract：

(1) The purpose of the contract cannot be achieved due to force majeure；

(2) Before the expiration of the performance time limit, one of the parties clearly stated or used his own behavior to indicate that he would not perform the main debt.；

(3) One of the parties has delayed the performance of the main debt, and has not yet performed it within a reasonable time limit after being urged to do so.；

(4) One of the parties has delayed the performance of the debt or has other violations of contract, making it impossible to realize the purpose of the contract；

(5) Other circumstances stipulated by law.

For irregular contracts with continuous performance of debts as the content, the parties may terminate the contract at any time, but the other party shall be notified before a reasonable time limit.

Article 566 After the contract is terminated, if the performance has not been performed, the performance shall be terminated; if the performance has been performed, according to the performance situation and the nature of the contract, the parties concerned may request restoration of the original state or take other remedial measures, and have the right to request compensation for losses.

What are the legal requirements for refunds of fees for off-campus training institutions?

In terms of fees, the "Beijing Academic Off-Campus Training Instruction Manual" makes it clear that if fees are charged according to the training cycle, fees with a time span of more than 3 months shall not be charged at once or in disguise; if fees are charged according to class hours, each subject shall not be charged at once or in disguise for more than 60 class hours. For periodic charging and class-based charging at the same time, the method of charging for a shorter period of time should be chosen, and the period of charging shall not exceed 3 months in disguise. Training institutions shall not induce students and parents to use training loans, installment loans, etc. to pay training fees.

Is there a time limit for refunds from off-campus training institutions?

The "Beijing Academic Off-Campus Training Instruction Manual" also clarifies the principle of refund. The training institution negotiates with students and parents to resolve the issue of refund of training fees in accordance with the training service contract. If the negotiation fails, if the parents of the students propose a refund before the start of the course, the institution shall, in principle, refund all fees in one lump sum according to the original channel within 5 days. If the parents of the student make a refund request after the start of the course, the corresponding fees shall be deducted in proportion to the completed class hours, and the remaining fees shall, in principle, be refunded in one lump sum according to the original channel within 15 days.