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Education Law of the People's Republic of China

CHAPTER I GENERAL PROVISIONS

CHAPTER II BASIC SYSTEM OF EDUCATION

CHAPTER III SCHOOLS AND OTHER INSTITUTIONS OF EDUCATION

CHAPTER IV TEACHERS AND OTHER EDUCATORS

CHAPTER V EDUCATEES

CHAPTER VI EDUCATION AND SOCIETY

CHAPTER VII EDUCATIONAL INPUT AND GUARANTEE OF CONDITIONS

CHAPTER VIII FOREIGN EXCHANGE AND COOPERATION IN EDUCATION

CHAPTER IX LEGAL RESPONSIBILITY

CHAPTER X SUPPLEMENTARY PROVISIONS

Article 1 This Law is enacted in accordance with the Constitution with a view to developing the cause of education, enhancing the quality of the entire nation and promoting the socialist material as well as cultural and ethical progress.

Article 2 This Law shall be applicable to education of all types and at all levels offered within the territory of the People's Republic of China.

Article 3 In developing the cause of socialist education, the State adheres to taking Marxism, Leninism, Mao Zedong Thought and the theory of building socialism with Chinese characteristics as its guidelines and follows the basic principles defined in the Constitution.

Article 4 Education is the basis of the socialist modernization drive, and the State ensures priority to the development of educational undertakings.

The entire society should show concern for and give support to the development of educational undertakings.

The entire society should respect teachers.

Article 5 Education must serve the socialist modernization drive and must be combined with production and physical labour in order to train for the socialist cause builders and successors who are developed in an all-round way-morally, intellectually and physically.

Article 6 The State conducts education among educatees in patriotism, collectivism, socialism as well as in the importance of ideals, ethics, discipline, the legal system, national defense and national unity.

Article 7 In education the brilliant historic and cultural tradition of the Chinese nation shall be inherited and carried forward and all other excellent achievements of human civilization shall be absorbed.

Article 8 Educational activities shall conform to the State and public interests.

The State separates education from religion. No organization or individual may make use of religion to conduct activities that interfere with the educational system of the State.

Article 9 Citizens of the People's Republic of China shall have the right and obligation to receive education.

All citizens, regardless of ethnic group, race, sex, occupation, property status or religious belief, shall enjoy equal opportunities for education according to law.

Article 10 The State, in light of the characteristics and needs of the different minority ethnic groups, provides assistance to the development of educational undertakings in regions inhabited by the minority ethnic groups.

The State supports and assists the development of educational undertakings in the outlying and poverty-stricken areas.

The State supports and develops educational undertakings for the disabled.

Article 11 To meet the needs of developing a socialist market economy and promoting social progress, the State carries forward educational reform, fosters a coordinated development of education at various levels and of various types, and establishes and improves a system of life-long education.

The State supports, encourages and organizes scientific research in education, disseminate the results of scientific research in education so as to enhance the quality of education.

Article 12 The spoken and written Chinese language shall be the basic spoken and written language in teaching in schools and other institutions of education. In schools and other institutions of education in which students of a minority ethnic group constitute the majority, the spoken and written language used by the specific ethnic group or commonly used by the local ethnic groups may be used for instruction.

Putonghua (common speech based on Beijing pronunciation) and the standar-dized characters designed for use throughout the country shall be widely used in instruction in schools and other institutions of education.

Article 13 The State awards units or individuals that have made outstanding achievements in the development of education.

Article 14 The State Council and the local people's governments at various levels shall guide and administer educational work under the principles of admini-stration by different levels and of a division of responsibilities.

Secondary education and education at lower levels shall be administered by the local people's governments under the guidance of the State Council.

Higher education shall be administered by the State Council, and/or the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 15 The administrative department of education under the State Council shall be in charge of the nationwide educational work, and undertake overall planning, coordination and management of the educational undertakings throughout the country.

The administrative departments of education under the people's governments at or above the county level shall be in charge of the educational work in their respective administrative regions.

Other departments concerned under the people's governments at or above the county level shall be responsible for the related educational work within the scope of their functions and duties.

Article 16 The State Council and the local people's governments at or above the county level shall report to the people's congresses at the corresponding levels or their standing committees on the work of education and on the budgets and final accounts of the operating expenses for education, which shall be subject to supervision.

CHAPTER II BASIC SYSTEM OF EDUCATION

Article 17 The State applies a school education system embracing pre- school education, primary education, secondary education and higher education.

The State establishes a scientific schooling system. The establishment, forms of instruction, length of schooling, enrollment targets, objectives of training, etc. of schools and other institutions of education governed by the schooling system shall be prescribed by the State Council or the administrative department of education empowered by the State Council.

Article 18 The State applies a system of nine-year compulsory education.

People's governments at all levels shall take various measures to guarantee school-age children and adolescents access to education.

Parents or other guardians of school-age children and adolescents as well as social organizations and individuals concerned shall have the obligation to ensure that school-age children and adolescents receive and complete compulsory education for the prescribed number of years.

Article 19 The State applies a system of vocational education and a system of adult education.

People's governments at various levels, the administrative departments concer-ned and enterprises and institutions shall adopt measures to develop educational programs and guarantee that citizens receive education in vocational schools or different types of vocational training.

The State encourages the development of varied forms of adult education so that citizens may receive appropriate education in politics, economics, culture, science and technology and professional or life-long education.

Article 20 The State applies a national education examination system.

The administrative department of education under the State Council shall determine the types of national education examination which shall be undertaken by the institutions that conduct such education examination as approved by the State.

Article 21 The State applies a system of education certificates.

Schools and other institutions of education established with the approval of or recognized by the State shall, in accordance with the relevant regulations of the State, grant educational qualification certificates or other education certificates.

Article 22 The State applies a system of academic degree.

Institutions entitled to grant academic degrees shall grant to persons who have attained the required academic or professional or technical level corresponding academic degrees and issue to them degree certificates in accordance with law.

Article 23 People's governments at various levels, grass-roots autonomous organizations of a mass character and enterprises and institutions shall take all kinds of measures to carry out literacy education program.

Citizens capable of receiving literacy education according to relevant regulations of the State shall receive literacy education.

Article 24 The State applies an educational supervision system and an educational evaluation system for schools and other institutions of education.

CHAPTER III SCHOOLS AND OTHER INSTITUTIONS OF EDUCATION

Article 25 The State formulates plans for the development of education and establishes and runs schools and other institutions of education.

The State encourages enterprises, institutions, public organizations and other social organizations, as well as individual citizens to establish and run schools or other institutions of education in accordance with law.

No organization or individual may establish or run a school or any other institution of education for profit-making purposes.


Article 26 For the establishment of a school or any other institution of education, the following basic conditions shall be fulfilled:


(1) having an organizational structure and rules and regulations;


(2) having qualified teachers;


(3) having teaching premises, facilities and equipment that are up to the required standards; and


(4) having the necessary funds for running the school as well as a stable source of funding.


Article 27 The establishment, modification or termination of a school or any other institution of education shall, in accordance with the relevant regulations of the State, go through the formalities of examination, verification, approval and registration or filing for the record.


Article 28 Schools and other institutions of education shall exercise the following rights:


(1) to administer school affairs independently in accordance with their rules and regulations;


(2) to organize and conduct educational and teaching activities;


(3) to enroll students or other educatees;


(4) to manage school roll and grant awards to or take disciplinary measures against educatees;


(5) to grant to educatees appropriate education certificates;


(6) to recruit teachers, other staff and workers and grant awards to or take disciplinary measures against them;


(7) to manage and use the facilities and financial resources of their own;


(8) to brook no unlawful interference in their educational and teaching activities by any organization or individual; and


(9) other rights prescribed by laws and regulations.


The State protects the lawful rights and interests of schools and other institutions of education from infringement.

Article 29 Schools and other institutions of education shall fulfil the following obligations:

(1) to observe laws and regulations;

(2) to implement the State's educational policies, apply the standards set by the State for education and teaching and guarantee the quality of education and teaching;

(3) to safeguard the lawful rights and interests of the educatees, teachers and other staff and workers;

(4) to provide convenience in appropriate ways for educatees and their guardians to have access to the educatees' academic performance and other relevant information;

(5) to collect fees according to the regulations of the State and publicize the individual items of such fees; and

(6) to be subjected to supervision according to law.

Article 30 Organizations or individuals that establish and run schools or other institutions of education may, in accordance with the relevant regulations of the State, determine the management system for the schools or other institutions of education that they establish and run.

The president or the leading administrator of a school or any other institution of education shall be a citizen of the nationality of the People's Republic of China, who has settled down within the territory of China and meets the qualifications for the post prescribed by the State, and he or she shall be appointed or removed in accordance with the relevant regulations of the State. The president of a school shall be in charge of the school's teaching and administration.

Schools and other institutions of education shall, in accordance with the relevant regulations of the State guarantee that teachers, staff members and workers participate in the democratic management and supervision through the congress of teachers, staff members and workers with teachers as its main body, or through other forms.

Article 31 A school or any other institution of education that meets the requirements for a legal person shall acquire the status of a legal person from the date on which its establishment is approved or it is registered.

A school or any other institution of education shall, in civil activities, enjoy civil rights and bear civil liabilities according to law.

The State assets in a school or any other institution of education shall be owned by the State.

Factories run by schools or other institutions of education shall bear civil liabilities independently.



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