Education Law of the People's Republic of China
Education Law of the People's Republic of China
Education Law of the People's Republic of China
Order of the President [1995] No. 45
March 18, 1995
Adopted at the 3rd session of the Standing Committee of the 8th National People's Congress on March 18, 1995, promulgated by Order of the President [1995] No. 45 and effective as of September 1, 1995.
Contents
Chapter I General Provisions
Chapter II Basic System of Education
Chapter III Schools and Other Educational Institutions
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
Chapter I General Provisions
Article 1 With a view to developing the cause of education, enhancing the quality of the entire nation and promoting the construction of socialist material and spiritual civilization, this law is, in accordance with the Constitution, is hereby formulated.
Article 2 This Law shall be applicable to all types of education at any level provided 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, and the State therefore gives priority to the development of educational undertakings.
The entire society shall show concern for and give support to the development of educational undertakings.
The entire society shall give respect to teachers.
Article 5 Education must serve the socialist modernization and must be combined with production and physical labour in order to cultivate builders and successors for the socialist cause who develop in an all-round way-morally, intellectually and physically.
Article 6 The State conducts education among educatees on patriotism, collectivism, socialism as well as on the importance of ideals, ethics, discipline, legal system, national defense and national unity.
Article 7 In education, the brilliant historic and cultural traditions 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 national and public interests.
The State separates education from religion. Any organization or individual shall not 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 laws.
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 all types of education at various levels, and establishes and improves a system of life-long education.
The State supports, encourages and organizes scientific researches in education, disseminate the results of scientific researches in education so as to enhance the quality of education.
Article 12 The spoken and written Chinese language shall be the basic language used in teaching in schools and other educational institutions. In schools and other educational institutions where students of a minority ethnic group constitute the majority, the spoken and written language used by such group or widely used by the local ethnic groups may be used for instructions.
Mandarin and the standardized characters designed for use throughout the country shall be widely used in instructions by schools and other educational institutions.
Article 13 The State awards organizations or individuals that have made outstanding contributions to the development of education undertakings.
Article 14 The State Council and the local people's governments at all levels shall guide and administer the educational work under the principles of administration 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 relevant departments 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 educational work as well as 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 education, length of schooling, enrollment targets, objectives of teaching and so forth in schools and other educational institutions governed under 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 the compulsory education for a 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 concerned and enterprises and institutions shall take 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 approved by the State for such examinations.
(Relevant articles: Legislation 1)
Article 21 The State applies a system of education certificates.
Schools and other educational institutions of established with the approval of or recognized by the State shall, in accordance with relevant regulations of the State, grant educational qualification certificates or other education certificates.
(Relevant articles: Cases 2 Legislation 1)
Article 22 The State applies a system of academic degree.
Institutions entitled to grant academic degrees shall grant degrees to persons who have attained the required academic or professional or technical level corresponding to academic degrees and issue degree certificates to them in accordance with laws.
(Relevant articles: Legislation 1)
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 the literacy education.
Article 24 The State applies an educational supervision system and an educational evaluation system for schools and other educational institutions.
(Relevant articles: Legislation 1)
Chapter III Schools and Other Educational Institutions
Article 25 The State formulates plans for the development of education and establishes and runs schools and other educational institutions.
The State encourages enterprises, institutions, public organizations and other social organizations, as well as individual citizens to establish and run schools or other educational institutions in accordance with laws.
Any organization or individual shall not establish or run a school or any other educational institution for profit-making purposes.
(Relevant articles: Articles 1)
Article 26 For the establishment of a school or any other educational institution, the following basic conditions shall be fulfilled:
1.
......
Order of the President [1995] No. 45
March 18, 1995
Adopted at the 3rd session of the Standing Committee of the 8th National People's Congress on March 18, 1995, promulgated by Order of the President [1995] No. 45 and effective as of September 1, 1995.
Contents
Chapter I General Provisions
Chapter II Basic System of Education
Chapter III Schools and Other Educational Institutions
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
Chapter I General Provisions
Article 1 With a view to developing the cause of education, enhancing the quality of the entire nation and promoting the construction of socialist material and spiritual civilization, this law is, in accordance with the Constitution, is hereby formulated.
Article 2 This Law shall be applicable to all types of education at any level provided 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, and the State therefore gives priority to the development of educational undertakings.
The entire society shall show concern for and give support to the development of educational undertakings.
The entire society shall give respect to teachers.
Article 5 Education must serve the socialist modernization and must be combined with production and physical labour in order to cultivate builders and successors for the socialist cause who develop in an all-round way-morally, intellectually and physically.
Article 6 The State conducts education among educatees on patriotism, collectivism, socialism as well as on the importance of ideals, ethics, discipline, legal system, national defense and national unity.
Article 7 In education, the brilliant historic and cultural traditions 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 national and public interests.
The State separates education from religion. Any organization or individual shall not 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 laws.
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 all types of education at various levels, and establishes and improves a system of life-long education.
The State supports, encourages and organizes scientific researches in education, disseminate the results of scientific researches in education so as to enhance the quality of education.
Article 12 The spoken and written Chinese language shall be the basic language used in teaching in schools and other educational institutions. In schools and other educational institutions where students of a minority ethnic group constitute the majority, the spoken and written language used by such group or widely used by the local ethnic groups may be used for instructions.
Mandarin and the standardized characters designed for use throughout the country shall be widely used in instructions by schools and other educational institutions.
Article 13 The State awards organizations or individuals that have made outstanding contributions to the development of education undertakings.
Article 14 The State Council and the local people's governments at all levels shall guide and administer the educational work under the principles of administration 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 relevant departments 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 educational work as well as 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 education, length of schooling, enrollment targets, objectives of teaching and so forth in schools and other educational institutions governed under 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 the compulsory education for a 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 concerned and enterprises and institutions shall take 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 approved by the State for such examinations.
(Relevant articles: Legislation 1)
Article 21 The State applies a system of education certificates.
Schools and other educational institutions of established with the approval of or recognized by the State shall, in accordance with relevant regulations of the State, grant educational qualification certificates or other education certificates.
(Relevant articles: Cases 2 Legislation 1)
Article 22 The State applies a system of academic degree.
Institutions entitled to grant academic degrees shall grant degrees to persons who have attained the required academic or professional or technical level corresponding to academic degrees and issue degree certificates to them in accordance with laws.
(Relevant articles: Legislation 1)
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 the literacy education.
Article 24 The State applies an educational supervision system and an educational evaluation system for schools and other educational institutions.
(Relevant articles: Legislation 1)
Chapter III Schools and Other Educational Institutions
Article 25 The State formulates plans for the development of education and establishes and runs schools and other educational institutions.
The State encourages enterprises, institutions, public organizations and other social organizations, as well as individual citizens to establish and run schools or other educational institutions in accordance with laws.
Any organization or individual shall not establish or run a school or any other educational institution for profit-making purposes.
(Relevant articles: Articles 1)
Article 26 For the establishment of a school or any other educational institution, the following basic conditions shall be fulfilled:
1.
......