NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
The 1993 Basic Law of the Special Administrative Region (SAR) of Macao of the People’s Republic of China refers to religious organizations, social associations, and individuals who “may establish, in accordance with the law…educational establishments”. The 9/2006 Fundamental Law of Non-Tertiary Education broadly classifies non-state actors as “private” entities or individuals that can establish and maintain “private schools”.
2.1 State education provision
State schools
Less than 14% of all schools at primary (6 years, starting at age 6), lower secondary (3 years) and upper secondary (3 years) level in Macao SAR are owned and managed by the state, which covers less than 5% of total enrolments. According to the 9/2006 Fundamental Law of Non-Tertiary Education, the region provides 9 years of compulsory education (ages 5 – 15) and 15 years of free education (from early childhood to upper secondary level), which is provided at state schools and subsidized non-state schools that form part of the free education network. In the 2019-20 academic year, 88% of all schools in Macao SAR were free. State schools are required by law to adopt one of the official languages of Macao SAR (Chinese or Portuguese) as their main language of instruction, while students must additionally be given the opportunity to learn the second official language.
Non-state managed, state schools
No information was found.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
Private schools are a few (8%) independent non-state schools that are funded, managed, and operated by private individuals and legal entities on a for-profit basis. These schools are classified as those that follow the local education system and schools that follow a non-local education system (such as International Baccalaureate or Cambridge). Private schools in Macao SAR are free to develop their own curriculum and language of instruction, provided that they comply with the main curriculum framework and get approved by the Education and Youth Affairs Bureau. All students studying in schools that do not provide free education are provided with fee subsidies. In the 2019-20 academic year, the amount from kindergarten to senior secondary ranges from MOP 20,300 (2534 USD) to MOP 24,810 (3098 USD) per student.Education and Youth Affairs Bureau.
State-funded (government-aided), non-state schools
Most education in Macao SAR (75% of schools, over 85% of total enrolments) is provided by non-profit subsidized private schools run by religious or social organizations. These schools have joined the free education network based on a contract with the government (letter of commitment), which makes them eligible to receive annual subsidies from the state. Subsidized private schools may adopt their own curriculum and language of instruction (similar to regular private schools) but are prohibited from charging student fees or operating on a for-profit basis. According to the 1993 Basic Law of the SAR of Macao, the government of Macao SAR does not impose any restrictions on religious instruction, but regulates subsidized private schools in terms of admissions, class sizes, and finances.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
According to the 9/2006 Fundamental Law of Non-Tertiary Education, “the state shall facilitate the development of homeschooling through the cooperation between departments and private entities” (Art.14). The law additionally specifies that the guardian of each child is obliged to register the minor for “access or school attendance” during the compulsory education years, indicating that school attendance is not compulsory in Macao SAR.
During the COVID-19 school closures in early 2020, home-learning methods were adopted by all schools in Macao SAR, which were given the freedom by the Education and Youth Affairs Bureau to make appropriate arrangements for students to continue studying from home (mainly through the use of online teaching and learning resources).
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognized schools
No information was found.
According to the 1993 Basic Law of the SAR of Macao, Macao defines its own education policies and regulations, including the administration, funding, and registration of educational institutions (Art. 121). The Education and Youth Affairs Bureau is responsible for supervising all education (state and non-state) from pre-primary to upper secondary level in the region (with separate divisions for each level), while the Higher Education Bureau (a government department under the Office of the Secretary of Social Affairs and Culture) supervises both state and non-state higher education.
Vision: The participation of non-state entities in the education system is encouraged and supported by the government, which maintained and further developed the subsidy policy to eligible non-state educational establishments. According to the 9/2006 Fundamental Law of Non-Tertiary Education, both “public and private entities provide conditions for the overall of their students”, in addition to “creating a competitive society in constant self-development in Macao”. In the 2019-20 academic year, the government continued to increase investment in non-state education in order to optimise the 15-year free education, where free education subsidies are granted to private schools that are part of the free education school system (Annual Education Report 2019).
3.1 Regulations by distinct levels of education
Early childhood care and education (ECCE), which covers ages 3 – 6, is free in Macao SAR, mainly provided in kindergartens integrated into primary schools. Almost all (89%) of ECCE is provided in private schools in Macao SAR, with subsidized private schools covering 86% of all enrolments in ECCE.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Teaching profession: See Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
Reporting requirements: See Multi-level regulations.
Inspection: See Multi-level regulations.
Child assessment: See Multi-level regulations.
Sanctions: See Multi-level regulations.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Water, sanitation and hygiene (WASH): All private schools applying for registration with the Education and Youth Affairs Bureau are required to submit proof that the health and safety requirements are met in the school in order to be approved for registration.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Textbooks and learning materials: In the 2009/2010 academic year, the government began offering all Macao residents receiving pre-primary to secondary education textbook allowances of 2,000 MP (250 USD) to 3,000 MP (375 USD), depending on the education level.
Teaching profession: See Multi-level regulations.
Corporal punishment: There is no explicit prohibition of corporal punishment in early childhood or private schools in Macao SAR, as the 9/2006 Fundamental Law of Non-Tertiary Education and the 15/2020 Statute of Private Non-Tertiary Education remain silent on the issue. The Order No. 46/SAAEJ/97 of the Approval of the student disciplinary system only applies to government schools and does not explicitly prohibit corporal punishment either.
Other safety measures and COVID-19: As all schools were forced to adjust to distance learning methods during the COVID-19 outbreak in 2020, the Education and Youth Affairs Bureau released guidelines for rearranging the curriculum content based on the given circumstances. This included slightly adjusting the content to meet students’ self-study ability and being more flexible when assigning homework. Schools were additionally encouraged to not arrange any assessment activities such as tests or examinations, but mainly focus on reviewing the knowledge that has already been learned.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
School board: All private schools are required to have a School Board that is responsible for the management and administration of the institution. School Boards must be comprised of at least 7 members, with the participation of the school director, parents/guardians, teachers, and students, over half of which must be residents of Macao SAR.
Reporting requirements: See Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessment: See Multi-level regulations.
Diplomas and degrees: The principal of each private school is responsible for issuing the diplomas and certificates for its students.
Sanctions: See Multi-level regulations.
Tertiary education in Macao SAR is provided by 4 government higher education institutions (HEIs) and 6 non-state (private) HEIs. Private HEIs are autonomous in management, administration, funding, and academics, and are mainly classified into for-profit and non-profit institutions.
Registration and approval: According to the 10/2017 Law on the Tertiary Education System, any legal person that is part of an association, foundation, or commercial entity in Macao SAR may establish a private HEI. In the case of commercial entities, there must be direct relationship between the company’s purpose and the courses being offered. All applications must be submitted to the Higher Education Bureau, accompanied by the required documents.
License: The Chief Executive of Macao SAR is responsible for authorizing the establishment of private HEIs through an executive order, after which the applicant may register with the Higher Education Bureau and be issued a registration license.
Profit-making: Private HEIs may operate on a for-profit or non-profit basis (and are categorized as such), according to their nature of establishment.
Taxes and subsidies: All private HEIs in Macao SAR benefit from tax exemptions, while the government provides financial support to institutions based on the Higher Education Fund.
Quality of teaching and learning
Curriculum and education standards: The courses offered in all HEIs in Macao SAR must be approved by the Secretary of the Higher Education Bureau and published in the Gazette.
Teaching profession: According to the 10/2017 Law on the Tertiary Education System, all teachers employed in any HEI in the region must have a Master’s or Doctorate degree, with professors of specific courses required to have a higher degree than the one being taught. Those who do not possess the above degrees but meet any of the following requirements may also engage in teaching at HEIs after approval. (1) Those who are recommended by virtue of their professional experience or other qualifications, or (2) those who are approved by academic and teaching authorities of relevant institutions.
Fee-setting: All fees levied by private HEIs must be fixed and set by the private entity, with no limitation on fee-setting found.
Admission selection and processes: According to the 10/2017 Law on the Tertiary Education System, the government must create conditions for equal access to HEIs without discrimination based on nationality, sex, race, language, religion, or socioeconomic status. However, no specific provision regarding equal access to private HEIs was found.
Quality assurance, monitoring and accountability
Board: While the 10/2017 Law on the Tertiary Education System stipulates that the management body of each private HEI has administrative, financial, and pedagogical autonomy, no information was found on its composition.
Reporting requirements: All HEIs (state and private) are required to submit detailed annual reports of their activities to the Higher Education Bureau, which include financial statements, development plans, and administrative details.
Inspection: All state and private HE institutions in Macao SAR subject to external quality assurance mechanisms by the Bureau to continuously evaluate the institution and the courses being offered, which includes institutional inspections. In 2018, the government implemented the Higher Education Quality Evaluation System, which evaluates HEIs at both the program and institutional level.
Assessment: HEIs in Macao SAR may determine their own assessment and examination systems based on the courses being taught.
Diplomas and degrees: Any degrees, certificates, or diplomas offered at HEIs in Macao SAR must be pre-approved by the Permanent Secretary of the Higher Education Bureau.
Sanctions: According to the 10/2017 Law on the Tertiary Education System, if any private HEI is found to be violating the law, no longer meeting the requirements for registration, or the owner is dissolved, the Chief Executive may order the closure of the institution. Moreover, if any teaching staff is employed without the required qualification or permission, the institution will be fined 300,000 MP (37,593 USD) to 750,000 MP (93982 USD).
3.2 Multi-level regulations
The following section covers regulations of non-state actors from early childhood to upper secondary education, which are all supervised by the Education and Youth Affairs Bureau and covered under the 9/2006 Fundamental Law of Non-Tertiary Education and the 15/2020 Statute of Private Non-Tertiary Education.
Registration and approval: According to the 9/2006 Fundamental Law of Non-Tertiary Education, natural persons, religious organizations and non-state legal entities have the right to establish non-state educational establishments from pre-primary to upper secondary level in Macao SAR, provided that they are registered and licensed by the Education and Youth Affairs Bureau. The 15/2020 Statute of Private Non-Tertiary Education states that an application must be made to the Director of the Education and Youth Affairs Bureau, accompanied by all the required documents, which include the school infrastructure plan, building license, school charter, curriculum documents, and copies of criminal records for all managers and staff. School facilities and equipment must comply with the provisions of the current laws on engineering, hygiene and safety, and meet the requirements for the type and level of education to be provided. In the case of schools that plan to follow a non-local education system, the application must additionally include details and verification of the official international curriculum that will be adopted. There are additionally separate requirements for applications by natural or legal persons, such as copies of identity document (for natural persons) or copies of documents that prove the registration or establishment of the organisation is in accordance with the Macao laws (for legal persons).
Licence: If, following an inspection and evaluation of the documents provided, the Director is satisfied that all conditions have been met, the applicant is issued a registration license. Once the license is issued, the school can start operating and enrolling students in the name of the school.
Profit-making: While independent private schools may operate on a for-profit basis, private schools with a profit orientation and/or following an international curriculum are not entitled to any government subsidies. According to the 15/2020 Statute of Private Non-Tertiary Education, any revenue (including surplus) in non-profit schools that are subsidized by the state is required to be reported to the Director of the Education and Youth Affairs Bureau each year and used exclusively to support school expenses.
Taxes and subsidies: Private schools in Macao SAR benefit from tax exemptions, as well as government support in their infrastructure and maintenance. Moreover, the government provides non-profit private schools that form part of the free education network annual free education grants (the amount of which was last amended in the 104/2020 Chief Executive Order) to cover operational costs and teacher salaries. According to the 3/2012 System Framework for Private School Teaching Staff of Non-Tertiary Education registered teachers in non-profit private schools are additionally provided with direct subsidies and bonuses to promote their professional development. All schools receiving subsidies and free education grants from the state are required to comply with all provisions in the 9/2006 Fundamental Law of Non-Tertiary Education and conditions set in the 19/2006 Free Education Allowance Scheme, by signing a letter of commitment, promising to fulfil the duties set out in the regulation (Art.4). If these conditions are not complied with, the government may demand a total or partial refund (collected by tax or finance authorities).
Quality of teaching and learning
Curriculum and education standards: Private schools may adopt their own curriculum and language of instruction, provided that the curriculum is guided by the objectives of the education system, and students are given the opportunity to learn at least one of the two official languages (Chinese or Portuguese). Private schools that follow the local education system are guided by the 15/2014 Administrative Regulations, which provide the curriculum framework for pre-primary to upper secondary level.
Teaching profession: All teachers in private schools are governed by the private labour law and must be registered with the Education and Youth Affairs Bureau and qualified according to the level they teach in accordance with the 15/2020 Statute of Private Non-Tertiary Education (which regulates these teachers separately from state schools). According to the 1993 Basic Law of the Special Administrative Region (SAR) of Macao, “schools of different types in the Macao Special Administrative Region have autonomy in their administration and enjoy, under the law, the freedom of teaching and academic freedom” (Art.122). The teachers in private schools following the local education system must additionally comply with the 3/2012 System Framework for Private School Teaching Staff of Non-Tertiary Education that covers their duties and rights, with specific provisions for non-profit private schools. Teacher salaries in private schools are regulated by the state, with all teaching staff entitled to a basic salary. All schools have the right to recruit staff from outside the Macao SAR.
Fee-setting: Independent private schools may set their own fees (which can be different for different education levels) but are required to get their rates approved by the Education and Youth Affairs Bureau each year. According to the 19/2006 Free Education Allowance Scheme, private schools that are part of the free education network are prohibited from charging students any fees.
Admission selection and processes: According to the 19/2006 Free Education Allowance Scheme, all private schools that are part of the free education network in Macao SAR are required to admit students whenever there are vacancies. Pre-primary schools are additionally given the freedom to screen students based on their “suitability” to the school or their disability, referring them to “appropriate” special schools.
Policies for vulnerable groups: To ensure education remains free in pre-primary to secondary levels, the government grants tuition fee subsidies to students in private schools that are outside the free education network based on the 20/2006 Tuition Subsidy Scheme.
Quality assurance, monitoring and accountability
Reporting requirements: All private schools in Macao SAR are required to submit a school development plan to the Education and Youth Affairs Bureau (which they are then accountable for implementing), in addition to a self-assessment mechanism for self-evaluation. Non-profit schools which are subsidized by the government are additionally subject to all the conditions set in the 19/2006 Free Education Allowance Scheme and are required to submit their school receipts and financial statements to the Bureau, which must prove to exclusively support school expenses.
Inspection: The Education and Youth Affairs Bureau carries out formal inspections and evaluations of all schools in Macao SAR to ensure legal provisions are complied with and quality standards are maintained.
Assessment: According to the 30/1993 Statute of Private Educational Institutions that Provide Non-Tertiary Education, private schools are free to adopt their own student assessment and examination processes for evaluating student performance, provided that they are guided by the curriculum model and approved by the Education and Youth Affairs Bureau upon registration.
Sanctions: If any subsidized private school is found to not comply with its financial and non-profit-making obligations, the owner will be liable upon conviction to a fine of 70,000 MP (8,771 USD) to 100,000 MP (12,531 USD). Moreover, according to the 15/2020 Statute of Private Non-Tertiary Education, if any private school (for-profit or non-profit) is found to no longer comply with the minimum standards, the institution’s registration license may be cancelled, leading to the closure of the school. Finally, if any school is found to be operating without a valid license from the Education and Youth Affairs Bureau, the owner will be liable upon conviction to a fine of 500,000 MP (62,655 USD) to 1,000,000 MP (125,310 USD). It should be noted that private schools in Macao SAR may also voluntarily apply to the Education and Youth Affairs Bureau for closure of the institution.
3.3 Supplementary private tutoring
Supplementary private tuition in Macao SAR is provided through various forms, including one-to-one lessons, after-school homework supervision (by state or private schools), private tuition centres (known as “private supplementary pedagogical support centres”), and online tutoring. The prevalence of the phenomenon has been particularly noted at the primary education level, where over 75% of students reported receiving some form of tutoring in 2011, compared to 50% in lower secondary and 4% in upper secondary.
According to the 38/98 Decree Law on Approving the license and inspection of private supplementary educational support centers (amended in 2002), all institutions are required to be registered with the Directorate of the Education and Youth Affairs Bureau. Applications must provide the Directorate with a registration fee and all the required documents, including details on premises, staff qualifications, and center management. Once the information has been verified and the premises inspected by the Housing and Fire Departments, the Directorate may issue the applicant a license to operate the center. Small-scale institutions which cater to no more than 6 pupils at one time and no more than 20 in any one day are not required to be licensed but must be registered with the Education and Youth Affairs Bureau (Art.7). If any large-scale center is found to be operating without a valid license, the owner will be subject to a fine of 3,000 MP (376 USD) to 15,000 MP (1,880 USD).
Financial operation and quality
Supplementary private tuition centers in Macao SAR are required to operate outside regular school hours, while premises must adhere to the minimum health and safety conditions. The minimum academic qualifications for tutors are based on the level being taught, ranging from a certificate in lower secondary education for primary school students, and a higher education degree for upper secondary education students. According to the 38/98 Decree Law, a license may be cancelled at any time if the requirements are no longer met, leading to the closure of the center.
The government of Macao SAR does not have any regulations on state or private school teachers providing private tutoring services, leaving decisions to the teachers themselves.
