Licensing of educational activities - Obtaining an educational license. Registration of a package of documents for obtaining a turnkey educational license - promptly and with a guarantee! License for continuing education. License for professional retraining. Licenses for educational activities - obtaining, reissuing licenses. Moscow, Moscow region, RF. Consultations on conducting educational activities.
The legal bureau "Vendikt-NPK" offers an educational license for organizations and individual entrepreneurs. We are often asked whether all "educational activities" require compulsory licensing. Not all types of educational activities require compulsory licensing.
Licensing of educational activities and obtaining a license for education is not required in cases:
- For conducting one-time lectures, trainings, internships and seminars, after passing which the final certification is not carried out, and a document on graduation, education or qualification is not issued. In the event that the seminars are not of a one-time nature, in this case it is necessary to obtain an educational license for the legal conduct of their activities.
- For provision of educational services by individual entrepreneurs. Obtaining a license for education is not required even in the case when an individual entrepreneur trains students under the programs of preschool, basic secondary, higher and preschool education. remained unchanged so that the activity carried out was precisely individual, that is, carried out by the individual entrepreneur himself.
In all other cases, licensing of educational activities is mandatory, and obtaining an educational license is a mandatory step to start the educational process!
Attention: Obtaining an educational license has undergone significant changes since September 1, 2013:
- It became possible to obtain an educational license for IP. Individual entrepreneurs can only obtain a license to conduct the following types of educational programs:
- basic and additional general education programs (for example, developing activities with children, teaching foreign languages, etc.);
- basic vocational training programs (for example, training in the professions of workers and employees, etc.).
- It became possible to obtain an educational license for structural divisions of commercial organizations (LLC, JSC, others) in the following areas of educational programs:
- major vocational training programs, including for their employees.
- programs of additional education and additional professional education (professional retraining programs, advanced training programs).
- And, of course, various forms of non-profit organizations, mainly private institutions and autonomous non-profit organizations (according to their charter and OKVED codes) can engage in educational activities in full.
ATTENTION: If you find it difficult to determine whether you need to undergo compulsory licensing of educational activities, do not waste time studying information on the Internet (it is often outdated). Call our company, in our company consultation on general questions (not related to the analysis of the specific situation of the Customer) is free!
PLEASE NOTE THAT WE ANSWER ONLY GENERAL QUESTIONS IN THE FRAMEWORK OF THE FREE TELEPHONE/E-MAIL CONSULTATION, FOR EXAMPLE:COST OF OUR SERVICES, GENERAL ALGORITHM FOR OBTAINING A LICENSE, IS IT REQUIRED OR NOT TO PASS EDUCATIONAL ACTIVITY LICENSING FOR A SPECIFIC LEGAL FORM OF THE ENTERPRISE, ETC.
ALL QUESTIONS ON THE ANALYSIS OF THE SPECIFIC SITUATION OF THE CUSTOMER, INCLUDING THE REQUIREMENTS OF SUPERVISORY AUTHORITIES FOR THE PREMISES, LEGAL ANALYSIS OF THE CONCLUDED LEASE AGREEMENTS, THE PACKAGE OF DOCUMENTS PROVIDED IN EACH SPECIFIC CASE, THE CORRECTNESS OF THE DOCUMENTS, ETC. QUESTIONS -WE CONSIDER ONLY AS A PAID CONSULTATION ! COST OF PAID CONSULTATION - 10000 RUBLES (UP TO 1 HOUR).
License issued indefinitely and only on place of actual business.
Obtaining a license for education in Moscow is the responsibility of the Department of Education of the City of Moscow, and obtaining an educational license for the Moscow Region is the responsibility of the Ministry of Education of the Moscow Region. It must be remembered that obtaining a license for training takes place in several stages, one of which is checking the compliance of the declared data with those specified in the application for registration and issuance of a license. In particular, a special commission is checking the place where it is planned to conduct educational activities. In the event that this place does not meet the legal requirements, the license applicant is denied a license.
The algorithm for obtaining a license for educational activities in the legal bureau "Vendikt-NPK":
1. Preliminary consultation on licensing educational activities and obtaining a license. It is carried out by our specialists in the office of our company (as well as by phone or by e-mail). At the consultation, our specialist will study in detail the submitted documents and your situation, clarify the correctness of their execution, and advise on the forms of documents necessary for you to successfully obtain a license. Also, at this consultation, you can ask all your questions regarding not only licensing, but also the further activities of the educational organization after obtaining an educational license, etc.
Cost of consultation: 10,000 rubles. The duration of the consultation is up to 1 hour.
2.Obtaining an educational license through our bureau. In the event that you are not sure that you can issue a license yourself or the employees of your organization do not have enough time to spend it on a rather difficult issue of a license, we recommend that you contact our specialists.
To obtain a license for educational activities with the help of our law office (subject to a pre-assembled package of documents, including a registered legal entity or individual entrepreneur, a valid lease for premises, received conclusions from Rospotrebnadzor and the Ministry of Emergencies, written educational programs in accordance with 273-FZ), you can contact us by phone or email.
!!! To calculate the cost of services, send us a request for the cost of services by e-mail in [email protected] with the obligatory indication of the following information:
1. Data on the license applicant - organizational and legal form, region of registration of a legal entity, region where classes are located, preferably with a Moscow district.
2. At what stage is the collection of documents (is there a room for conducting activities, have the conclusions of Rospotrebnadzor been received, etc.).
3. What educational programs do you plan to implement - who and what to teach (children / adults, the direction of training).
We offer different options for cooperation with our company, depending on the capabilities and wishes of the Customer.
4. It is also possible to obtain a license for educational activities "turnkey" in Moscow. The cost of obtaining a turnkey educational license is negotiable and is determined on a case-by-case basis.
The scope of our services includes:
Analysis of documents and premises of the Customer - the Customer must have a room with a valid lease agreement. If there is no room, we can select a room based on the requirements of regulatory authorities;
Obtaining the conclusion of Rospotrebnadzor for training adults or children: familiarizing the Customer with the current SanPiNs for its activities, providing the necessary contracts for passing the inspection by Rospotrebnadzor, the departure of an employee of our company to fully support the inspection of Rospotrebnadzor, drawing up expert opinions and research protocols, obtaining ready-made documents. The term for obtaining the conclusion is 1 month;
Writing educational programs for filing documents for licensing. We have experience in writing any programs for additional education for children and adults, according to the requirements and needs of the Customer. The term for registration of one educational program is from 1 week, a larger amount of work is determined on an individual basis.
Checking the existing organization or individual entrepreneur of the Customer for its compliance with the requirements of legislation in the field of licensing, if necessary - giving appropriate recommendations on making the necessary changes to the charter, Unified State Register of Legal Entities / Unified State Register of Legal Entities, etc.;
Registration and submission of documents to the Moscow Department of Education, the service includes: collection of necessary documents and certificates, making photocopies, registration of a license file, filling out all necessary applications and certificates for processing a license file, sending documents to the Moscow Department of Education, responses to notifications from the Department education of the city of Moscow, conducting other correspondence with the Department of Education of the city of Moscow, participating in an on-site inspection of the Department of Education of the city of Moscow, obtaining a finished license and transferring it to the Customer. The term for obtaining a license in the department is up to 45 working days (in practice, 1-1.5 months).
Our company has extensive experience in obtaining educational licenses and established experience in cooperation with the Department of Education of the city of Moscow, as well as the Ministry of Education of the Moscow Region. We can proudly say that all license applicants received their licenses through our company and did not receive a single refusal, including in non-standard situations, even in the presence of refusals from regulatory authorities received independently or by other law firms.
For questions about obtaining a license for educational activities, please contact our company, we we also provide assistance in the registration of non-profit organizations for the subsequent receipt of an educational license in Moscow and the Moscow region!
5. Services for the correction of refusal notices from the Department of Education of the City of Moscow. If you submitted a licensing case to the Department of Education of the city of Moscow yourself and received a Notice of refusal to accept documents for consideration on the merits, come to us. We will prepare a response to the refusal Notice of the Department of the City of Moscow , if it is possible to amend such notice to enable you to obtain the required license .
6. Obtaining an educational license in the Moscow region. In the Moscow region our company offers services only for licensing educational activities, namely, interaction with the Ministry of Education of the Moscow Region.
For organizations and individual entrepreneurs registered and operating in the Moscow region, before contacting our company, you must obtain on your own:
-lease contract(sublease, use) for the premises where educational activities will take place;
-conclusion of Rospotrebnadzor on the type of activity- educational activities, indicating the level of education - for all organizations and individual entrepreneurs;
-conclusion of the Ministry of Emergency Situations- for educational organizations (non-profit organizations). LLCs and individual entrepreneurs do not receive the conclusions of the Ministry of Emergencies!
The cost of our services for obtaining a license to study for the Moscow region is:
Option 1: 60,000 rubles + 7,500 rubles state duty. Without the departure of our expert for an on-site inspection of the Ministry of Education.
Option 2: 80,000 rubles + 7,500 rubles state duty. Full legal support for obtaining a license, with the departure of our specialist for an on-site inspection of the Ministry of Education of the Moscow Region. This service is provided for settlements within 30 minutes-1 hour by public transport from Moscow or by client's car from the metro.
7. Services for licensing educational activities - remote services for the regions of the Russian Federation, as well as Moscow and the Moscow Region in terms of obtaining and reissuing educational licenses:
-provision of remote consultations (phone/e-mail) on registration/re-issuance of licenses for the right to conduct educational activities. Providing advice on the conduct of educational activities. The cost of the consultation is 10,000 rubles.
- registration of a package of documents for submission to the licensing authority (application for the issuance / renewal of a license, certificate of material and technical compliance, other certificates depending on the nature of the application to the licensing authority). Cost - from 20,000 rubles, depending on the scope of services.
- writing educational programs for submitting documents to the licensing authority / for conducting scheduled inspections by the licensing authority, based on the requirements of the Law "On Education in the Russian Federation" No. 273-FZ. We will write you a program that will 100% satisfy the requirements of regulatory authorities. What programs we write - we can write both "from scratch" and put your developments in order:
1) ANY programs for additional education for children and adults (foreign languages, cosmetology, early development, programming, etc.).
2) ANY programs for additional professional education.
3) ANY major vocational training program.
The cost of writing programs - from 15,000 rubles, the term - from 7 working days.
The current system in the Russian Federation additional education(DO) allows adults and children to gain knowledge that goes beyond the mandatory state standards of education.
You can get it on a paid and free basis in budgetary and commercial educational institutions.
Since 2015, individual entrepreneurs have received the right to provide services in this area.
EC programs for children and adults have different goals. The first are aimed at the development of the child, his horizons. Services for children are provided in circles and clubs.
DO for adults is postgraduate professional development. The need for it arises among specialists in various fields of activity.
Additional knowledge and profession increase the value of any employee in the labor market. You can get DO on a paid and free basis. To do this, you must have a higher or secondary specialized education.
- Advanced training (designed to teach new skills to workers in various fields of activity within their profession).
- Retraining (within the framework of the program, people receive a new profession).
- Internship (the purpose of training is to consolidate theoretical knowledge in practice).
Important! The presence of DO is confirmed by a diploma, certificate or certificate.
These documents have legal and image effect if they are issued by educational institutions operating on the basis of a relevant license. All additional education programs comply with state standards.
Is permission needed?
In 2015, the Russian Federation adopted Federal Law No. 99 regulating licensed activities in the country.
In distance education, it is carried out by types and levels of education, professions, specialties and other indicators. The license is an official permit document. It may be in paper or electronic format.
The procedure for issuing a license is determined by three main regulations:
- Federal Law No. 273 (2012);
- Federal Law No. 99 (2011);
These regulations do not apply to teachers (IEs) who provide educational services without the involvement of other persons. For more details, read the article at the link.
Reference! There is no need to issue a license to organizations that do not issue documents on distance education and conduct training trainings and seminars.
Who issues?
The list of organizations issuing licenses for educational activities is defined in article 3 Federal Law No. 283. This right is granted to federal and regional executive authorities:
- ministries;
- committees and departments of education.
PP №966, adopted in 2013, granted the right to issue . After receiving an application for the issuance of a permit document, they must issue a license within 45 days. The license term is determined article 9 of the Federal Law No. 99. It is issued indefinitely..
Subtypes of DOs subject to licensing
Organizations providing DO services, regardless of the form of ownership are required to issue a license for their activities if they are engaged in:
- preschool or general education;
- professional training of specialists or their retraining.
Services can be provided by both commercial and non-commercial organizations. The current legislation does not require a license from tutors and private teachers.
There is no need to receive it for those organizations that do not conduct attestations and do not issue documents on the education received. Their educational services are cultural or leisure.
Difference between children and adults
DO for adults aimed at vocational training of qualified specialists. Their training programs are compiled in accordance with the needs of the customer of the service.
Goal BEFORE children- Solving the problems of education. It is aimed at developing the creative potential of the child and expanding his horizons.
Requirements for applicants
The list of requirements for license applicants is defined in PP №966.
They must have:
- The room in which the learning process will take place. It must be owned or long-term leased by service providers.
- Material and technical support necessary for the educational process.
- Programs and teaching methods that meet state standards;
- SEZ on the compliance of the organization of the educational process with SaNPiN.
The premises used for educational activities are presented safety and health and safety requirements. The staff of organizations conducting educational activities should have appropriately qualified specialists.
Acquisition cost
When issuing a permit, payment is due state duty and invoice for examination.
The amount of the state duty, in accordance with the Tax Code of the Russian Federation, is 7500 rubles.
The cost of an expert opinion depends on scope of work and is determined by agreement of the parties.
Required documents
Permit is issued on the basis of an application. It has a standard form, which is developed by the regional bodies of the Ministry of Education. Along with it, a package of documents is submitted. Its composition includes:
- Notarized copies of documents providing complete information about the applicant (charter, memorandum of association, TIN, ORGN, etc.).
- Certificate of ownership or long-term lease agreement for the premises intended for educational activities.
- Curricula and plans.
- Information about the material and technical equipment.
- Sanitary conclusion on the suitability of the premises.
- The conclusion of the bodies of the State fire supervision.
- Receipt of payment of state duty.
After submitting the documents, the applicant is issued a license or a reasoned written refusal.
How to get: Algorithm
For the implementation of educational activities, it is necessary register as a legal entity or individual entrepreneur.
The current legislation makes it possible to provide services for subsidiaries to organizations of all forms of ownership. Followed by:
- Find a place to work and bring it in line with safety, sanitation and hygiene requirements.
- Develop and approve methods and training programs.
- Pay state duty.
- Submit documents for licensing activities.
The decision to accept an application for licensing is made within 3 working days from the moment it was submitted.
The term for consideration of documents, in accordance with the current legislation, cannot exceed 60 days.
You can submit documents in person, electronically, through the MFC or by registered mail.
Penalties for working without a permit
Provision of DO services without permits entails administrative or criminal liability under Article 171 of the Criminal Code of the Russian Federation. It provides for punishment for heads of companies and individual entrepreneurs in the form of:
- fine up to 300 thousand rubles;
- completion of compulsory work in quantity 480 hours;
- arrest before 6 months.
A more severe punishment is provided for a group of persons who violated the legislation in force in the field of the provision of educational services. The amount of the penalty for them has been increased. up to 500 thousand rubles, and the period of arrest - up to 5 years.
Useful video
A short video that talks about the general points in, including for additional education:
Requirements for the provision of services for additional education are defined Federal Law No. 273. Its action extends to educational institutions of all forms of ownership.
Since 2013, commercial organizations and individual entrepreneurs have received the right to provide services in the field of education on a par with non-profit organizations. Services in the field of education. We have previously considered the complete This article will tell you how to get a license for an educational.
Who needs a license
First, let's find out when a license for educational activities is not required. Decree of the Government of the Russian Federation of October 28, 2013 N 966, which approved the regulation on licensing educational activities, indicates only one such possibility. A license is not required if the services are provided personally self-employed. These are the services of tutors, private teachers, studios, circles, etc., where the classes are conducted by the entrepreneur himself, who has the appropriate education and work experience.
We draw the attention of individual entrepreneurs - if you hire other pedagogical workers, then a license for educational activities of an individual entrepreneur is required. At the same time, employees of a different profile who do not directly provide educational services can be hired without a license.
In the previous edition, the regulation on licensing educational activities allowed for another opportunity to work without a license - if, following the results of training, a final attestation was not carried out and a document on education was not issued. It is still possible to conduct trainings, seminars, lectures without a license, for which supporting documents are not issued, but such activities are not called educational, but cultural or leisure.
The list of services for which a license is required includes the following types of education: preschool, general, secondary vocational, higher, additional general education, additional vocational education and education of religious personnel of religious organizations.
Obtaining a license for educational activities is a complex and lengthy process. Only the consideration of documents and the decision to issue a license or to refuse to issue a license takes 60 days. And before that, we need to prepare a number of permits from other government agencies and develop our own educational programs. And yet, a business in the field of education can be called profitable, so if you want to engage in this area, then you need to go through the licensing procedure once.
The license is issued indefinitely, and if you do not re-register it, then you will no longer have to contact the officials on this issue.
Licensing requirements
The Licensing Regulation establishes the following requirements for applicants in 2018:
- own or rented building (premises) corresponding to the declared educational programs;
- sanitary and epidemiological conclusion for this room;
- material and technical support of educational activities in accordance with the requirements of federal standards;
- compliance with the conditions for protecting the health of students;
- own developed educational programs ;
- printed and electronic educational and information resources for these programs;
- full-time or involved under a civil law contract teaching staff with professional education and work experience.
For a complete list of requirements, depending on the type of education, see the text of the Resolution.
In the regulations governing the licensing of educational activities, the issue of the organizational and legal form of the licensee is not quite clearly considered. The law on education No. 273-FZ gives the following concept of an educational organization: "a non-profit organization that carries out educational activities on the basis of a license as the main activity." The concept of "organization carrying out training" means a legal entity that conducts this activity as an additional one.
- educational organizations;
- organizations providing training;
- individual entrepreneurs engaged in educational activities.
A license for the right to conduct educational activities can be obtained regardless of the legal form and commercial orientation of the licensee. At the same time, an LLC can obtain a license for educational activities if this line of business is additional, and not the main one.
Documents for obtaining a license
The license applicant must document that he has created all the necessary conditions for the provision of services in the field of education. To do this, collect the following package of documents:
- license application;
- a document confirming the right to use the premises (a copy of the certificate of ownership, lease or sublease agreement);
- a copy of the charter of the LLC or a copy of the IP registration certificate;
- a copy of the record sheet of the Unified State Register of Legal Entities or EGRIP;
- a copy of the certificate of tax accounting of LLC or individual entrepreneur;
- copies of the conclusions of the SES and the State Fire Supervision Authority on the compliance of the premises with the necessary requirements;
- certificate on the conditions for the functioning of the electronic information and educational environment;
- information about printed and electronic resources;
- certificate of teaching staff;
- certificate of approval of educational programs;
- certificate on the conditions for obtaining education by students with disabilities;
- certificate of material and technical support;
- confirmation of payment of state duty in the amount of 7500 rubles;
- list of documents.
Reference forms are available on the website of the Ministry of Education.
Procedure for obtaining a license
Licensing of educational activities is carried out by Rosobrnadzor and regional executive bodies. You should contact Rosobrandzor if you plan to open:
- higher educational institution;
- organizations of federal significance;
- a Russian organization located outside the Russian Federation;
- foreign organization on the territory of Russia.
You can make an appointment at Rosobrandzor online on the official website.
In other cases, contact the regional government agencies that have the right to issue licenses. The contacts of these institutions are published on the website of Rosobrandzor, to find them, select your region on the interactive map.
The procedure for obtaining an educational license consists of the following steps:
- Study SNiP and SanPin for your field of study.
- Prepare the room and equip it according to the requirements and standards.
- Get the conclusion of the SES and the fire inspection on the premises.
- Develop and approve educational programs.
- Make sure that the teachers of your organization have the necessary documents on education, qualifications, work experience.
- Purchase furniture, equipment, appliances, educational literature, teaching aids for conducting classes.
- Pay the state fee for issuing a license.
- Submit documents to the licensing authority.
Documents are accepted according to the inventory, if defects are found in them, then they are returned to the applicant for revision (up to 30 days). After that, the stage of verifying the reliability of the submitted information begins, and not only documentary, but also with a site visit. Within 60 days from the date of registration of the application, officials issue a permit or refusal to obtain a license.
Refusal must be motivated and possible on two grounds: unreliable information or lack of conditions for the learning process. The stamp duty is non-refundable in case of refusal.
What happens if you work without a license
For the provision of education services without a license, administrative, tax and criminal liability is provided. The amount of fines can reach 500 thousand rubles, and the term of imprisonment - up to five years. Of course, such severe punishment is extremely rare when the work without a license has caused major damage or a large amount of income has been generated.
In addition, the provision of services without a license reduces the competitiveness of an educational organization:
- there are no benefits when participating in an auction for the right to lease municipal real estate;
- a document on education or advanced training is not recognized;
- students in an unlicensed organization cannot receive a tax deduction for tuition costs;
- serious advertising sources do not accept ads from such organizations.
Finally, everything has moved off the ground!
After the adoption of the Federal Law “On Education in the Russian Federation” of December 29, 2012 No. 273-FZ and the adoption of the new Regulation on Licensing Educational Activities of October 28, 2013 N 966 (link to the Regulation), there was, to put it mildly, a mess with licensing.
The licensing process did not go. 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 - withdrawing documents for revision - submitting documents, and so on. I will not talk about the fact that all subsequent comments contradicted the previous ones, what steps we took to obtain the coveted licenses, what creative or heroic deeds we performed for the same. It seemed that 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 field commissions! The first (after the New Year!) received licenses - already under the new legislation.
Those who waited for time and did not want to be licensed “until everything settles down” - you are welcome! We know HOW to get licenses in a new way. There are difficulties, but they are all surmountable. Problems are solvable, sets of documents are quite within the power of everyone. From you, our dear customers, as before, only realism, a positive attitude and money are required.
Of 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 Gospozhnadzor for educational organizations), you will need a number of documents on the content of educational programs, health protection, catering and medical care (this is exactly what is new in obtaining educational licenses). We provide a list of all documents and even samples free of charge to our customers. 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), certificates of acceptance and transfer of the premises
- The conclusion of RospotrebNadzor (as before, if necessary, we receive, the cost is 22,000 rubles)
- The conclusion of the State Fire Supervision for educational organizations (as before, if necessary, we receive, the cost is 35,000 rubles)
All documents - in originals or notarized copies.
The rest of the documents - as needed, to get started - the name of the educational programs with the number of training hours.
Our "first signs":
Non-state private institution of additional education "Skills Capital"- foreign languages
Autonomous Non-Commercial Organization of Additional Education "International Language Center "New Perspective" - foreign languages
C&L Academy Limited Liability Company- foreign languages
Limited Liability Company "Prostoy.Ru"
Limited Liability Company "VERKONT SERVICE"– advanced training and professional retraining of teachers
Autonomous non-profit organization of additional professional education "International Center for Gemology and Business" - advanced training for jewelers, gemologists
Limited Liability Company "CenterTechForm"– vocational training and advanced training in working specialties (welders, fitters, locksmiths, etc.)
Autonomous non-profit organization of additional education"ALPIAVIA" - amateur pilots, sports pilots (light aircrafts)
So - licensed, licensed, licensed!
If you are going to engage in educational activities, then do not forget that according to the current legislation, this type of activity is 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 educational activities, approved by Decree of the Government of the Russian Federation of October 28, 2013 No. 966.
Educational activity in the Russian Federation is primarily regulated by the Federal Law "On Education in the Russian Federation". Non-state educational organizations, organizations providing training - LLC, joint-stock companies, as well as individual entrepreneurs - individual entrepreneurs are entitled to work in this area, in addition to state and municipal ones.
To date, educational organizations are:
— Autonomous non-profit organization
- Educational institution
Who needs an educational license?
The law establishes that a license for educational activities is needed for an educational organization that teaches programs of preschool, general (primary, basic, secondary (complete) education and additional education of 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 military, as well as scientific organizations involved in vocational training, educational departments of organizations.
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 according to educational programs.
Having received a license, an educational organization or an organization providing training can not only conduct educational activities, but also apply the 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 him. The procedure for issuing licenses is determined by the Regulation on Licensing Educational Activities, approved by the Government of the Russian Federation on October 28, 2013 N 966
Legal company "Northern Bridge" will help you by connecting in the process of work or starting from scratch, i.e. from the registration of the organization in the MI FTS No. 46 for Moscow, the Ministry of Justice of the Russian Federation for Moscow, the Ministry of Education for the Moscow Region, tax authorities near Moscow.
So let's start. Our actions point by point:
1. We register an organization, open a bank account.
2. We conclude a lease agreement (sublease, gratuitous use), collect documents for the premises (certificate of ownership, floor plan, explication,).
3. We receive the conclusion of RosPotrebNadzor (SES), we agree on the Internal Control Rules.
4.
We receive the conclusions of the Main Directorate of the Ministry of Emergency Situations in Moscow (Gospozhnadzor) (only for educational organizations)
5. We develop educational programs
6. We prepare and submit documents to the Department of Education for obtaining 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 advice 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.
Terms - 3 months
Please note that we have indicated the cost of our services for obtaining a license in the presence of all conclusions and documents. If you start work "from scratch", i.e. it is necessary to register an organization, prepare a lease agreement FOR YOUR PREMISES (the law firm does not have premises where your training center can be located), obtain the conclusions of RosPotrebNadzor and GosPozhNadzor, write curricula and explanatory notes, the total cost of all work, fees, expenses will be approximately 140- 150 thousand rubles.
For 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)
- EC "ELKOD" (educational center "Consultant+")
- Beauty Studio "Ash2O" (nail design courses)
- ECC "Teploproekt" (builders, estimators)
- Institute of Practicing Psychologists (advanced training of psychologists)
- Language center "LEKSIKON"
- 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 "AKSIOMA" (pricing and budgeting in construction and design) - 2011
- Training center "GRADIENT ALFA" (finance, taxes, accounting, management) - 2011
- NOU "ULC" 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-Commercial Organization of Additional Education "International Language Center "New Perspective" - foreign languages
- C&L Academy Limited Liability Company - 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 Gemology and Business" - advanced training for jewelers, gemologists, appraisers
- Limited Liability Company "CenterTechForm" - professional training and advanced training in working specialties (welders, fitters, locksmiths, etc.)
Educational activities in the Russian Federation are subject to licensing. This process is long and unpleasant, but only teachers who provide individual training services can avoid it. Institutions and individual entrepreneurs organizing a company with hired teaching staff are required to obtain a license for educational activities.
Who needs an educational license?
The procedure for licensing educational activities is regulated by a number of legislative acts:
- the law on education (No. 273-FZ of December 21, 2012);
- the Law on Licensing (No. 99-FZ of May 4, 2011);
- the regulation on licensing educational activities (Decree of the Cabinet of Ministers No. 966 of October 28, 2013).
State and non-state organizations providing training and education services through the implementation of educational programs are required to obtain permission from the Ministry of Education. This applies to:
- preschool institutions (kindergartens, baby schools);
- general education schools (primary, basic, complete secondary);
- vocational education (schools, colleges, universities, postgraduate education);
- additional education for children and adults (courses, linguistic centers, etc.);
- other forms of education and upbringing.
Thus, almost all organizations related to education are subject to the regulatory framework on licensing. But there are exceptions:
- one-time lectures, seminars, trainings, after which there is no attestation and no certificates of education are issued on official forms;
- Individual entrepreneurs who personally give private lessons without involving other employees (tutors, speech therapists, etc.)
Requirements for obtaining an educational license
The regulation on licensing educational activities sets a lot of conditions for applicants, which makes this process very laborious and lengthy. More than one month may pass from the moment of registration of a legal entity / individual entrepreneur to obtaining a permit, and collecting the necessary documents here is not the most difficult thing.
Solving the problem of how to obtain a license for educational activities should begin with a study of the requirements for premises, equipment, teaching staff, training programs and other nuances. They will depend on the type of institution, and on the age of the students, and the time that the students will spend in the classroom. You will need sanitary and fire regulations, methodological recommendations for the development of educational programs, a preliminary schedule, and a staff of specialists. But first things first.
- It is not enough for an educational institution to have just a legal address. He must have a room suitable for the purposes of training in terms of all statutory standards. Depending on the type of institution, special requirements may apply to the minimum size, the number of rooms, the presence of a separate entrance, the territory for the site, etc. Arm yourself with SNiP and SanPiN, look for the norms for your type of activity and select the appropriate premises.
- To obtain a license, you will need all title documents for the property. Even before concluding a lease, sale and purchase agreement, check whether everything is “clean” with papers.
- Bring the room in proper form and in accordance with the norms of fire and sanitation. Make repairs using recommended materials, install an alarm, provide fire extinguishers, take care of proper lighting, comfortable temperature conditions, etc. When everything is ready, invite the employees of the SES and the State Fire Supervision Service to draw up a safety report. Particular attention: if students receive meals, they will have to equip a kitchen and a place for eating, obtain permission from Rospotrebnadzor for this.
- Furniture, equipment, inventory must also meet safety and sanitary standards. For goods purchased for children's institutions, request certificates.
- Without the presence of educational programs, a license cannot be obtained. If you do not "cook" in this area, it will be difficult for you to independently develop documents that meet state standards. Give it to your teachers. As a last resort, take the programs of other institutions as a model or pay for the work of an experienced methodologist. Approve each program with the signature of the head.
- The teaching staff of the educational institution must be formed before applying for a license. Education according to the profile, qualifications, length of service of employees must be confirmed by relevant documents.
- Do not forget to purchase educational literature, teaching aids, equipment and technology for conducting classes.
Now you are ready to license. It remains to collect a package of documents, write an application and pay a fee - 6,000 rubles.
List of license documents
To obtain a license for the educational activities of an LLC, the following set of documentation must be submitted to the Ministry of Education:
- Charter of the legal entity (notarized copy).
- Certificate of state registration (OGRN). Evidence of amendments to the Unified State Register of Legal Entities, if any. All copies are notarized.
- Decisions on the creation of an LLC, on amendments (copies signed by the director).
- Certificate of tax registration (TIN).
- Title documents for educational premises and territories (registered lease agreement, certificate of ownership).
- Training programs approved by the head. If necessary - agreed and certified according to the profile.
- Curricula: type of education, level, name of the program and terms of its development, teachers.
- Information about the employees: copies of diplomas and work books of the teaching staff.
- Certificate confirming the material and technical equipment of educational activities. The document is drawn up according to the form approved by the Ministry of Education and Science (Order No. 1032 dated December 11, 2012), signed by the director.
- Sanitary conclusion of Rospotrebnadzor on the suitability of the premises for educational events.
- Certificate of availability of conditions for nutrition, health protection of students (if necessary).
- Conclusion of the State Fire Supervision.
- If a license is obtained for a branch, structural unit - a decision on the establishment, a certificate of registration, Regulations on the branch in copies.
- Payment order for payment of state duty.
- Description.
The head of the organization must take the application with the attached documents and passport to the licensing authority. In the constituent entities of the federation, these are education management bodies - regional, republican, regional ministries, departments and committees. It is allowed to send an application by mail.
Individual entrepreneurs who work with the involvement of third-party teachers act in a similar way, with the exception of minor differences in the list of papers: they do not have constituent documents. Otherwise, everything is the same, however, professional registrars argue that it is more difficult for an individual entrepreneur to obtain a license for educational activities than for a legal entity.
Licensing procedure
The licensing authority accepts the application according to the inventory, putting a mark on receipt. The date indicated on the inventory is the moment from which the procedure officially begins:
- For no more than three days, specialists from the Ministry of Education evaluate the applicant's documents for completeness and correctness. If deficiencies are found, the papers are returned to the applicant for revision - the correction period is 30 days.
- If there are no claims to the documentation, the verification stage begins. The reliability of the information and the compliance of the conditions of the applicant with the licensing requirements are being studied - both on paper and on site. Exit control is carried out in agreement with the applicant and in compliance with his legal rights.
- Approval or refusal of a license is accepted by the Department for Supervision in the Educational Sphere within 60 days from the date of registration of the application. If, based on the results of the audit, the specialists considered the issuance of a permit inappropriate, such a decision must be justified. Refusal is legitimate only for two reasons: the provision of false information and conditions that are not suitable for conducting licensed activities.
- The issued educational license is valid indefinitely, but the bodies of the Ministry of Education and Science have the right to suspend it, revoke it if the licensee violates the established requirements.
Disagreement with a negative verdict, as well as actions of inspectors that go beyond the scope of authority, can be appealed by the applicant in court.
Do you get a license?
Difficulties in obtaining an educational license cause training organizations to have an understandable desire: to avoid this procedure. Commercial firms, engaged in under-licensed activities without appropriate documents, fall under the article on illegal entrepreneurship. This offense is punishable by:
- administrative sanctions in the form of a fine of 2000 rubles. for individuals up to 50,000 rubles. - for legal entities (Article 14.1 of the Code of Administrative Offenses);
- criminal punishment - a fine up to 300,000 rubles, arrest up to 6 months, forced labor up to 480 hours (Article 171 of the Criminal Code);
- criminal prosecution for a group of persons - imprisonment up to 5 years, a fine - up to 500,000 rubles.
When it comes to non-profit educational institutions, they have no other choice but to work with the permission of the Ministry of Education and Science. But even here it is not without violations. For them, for activities without a license, administrative liability is provided: a fine of up to 250,000 rubles. under the article of the Code of Administrative Offenses 19.20 part 1.
In any case, the punishment for not having a license is quite serious. The losses that occur as a result of administrative, and even more so, criminal prosecution, are incommensurable with the efforts that have to be made to obtain permits.
