EDUCATION LAW

    Article 1  With a view to developing educational undertakings, improving
the quality of the whole nationality, accelerating the construction of the
socialist material and spiritual civilization and in accordance with the
Constitution of the People’s Republic of China, the present Law is hereby
formulated.

    Article 2  The present Law shall be applicable to all kinds of education
at all levels within the territory of the People’s Republic of China.

    Article 3  In developing the socialist educational undertakings, the state
shall uphold Marxism-Leninism, Mao Zedong Thought and the theories of
Constructing socialism with Chinese characteristics as directives and comply
with the basic principles of the Constitution.

    Article 4  With education being the foundation for construction of
socialist modernization, the state shall give priority to the development of
educational undertakings.

    The whole society shall pay attention and render support to the
educational undertakings.

    The whole society shall respect teachers.

    Article 5  Education shall serve the construction of socialist
modernization, be combined with production and labour and satisfy the needs of
training constructors and successors with all round development of morality,
intelligence and physique for the socialist cause.

    Article 6  The state shall conduct education among education receivers in
patriotism, collectivism and socialism as well as in ideals, ethics,
discipline, legality, national defence and ethnic unity.

    Article 7  Education shall be carried out in the spirit of inheriting and
expanding the fine historical and cultural traditions of the Chinese nation
and assimilating all the fine achievements of the civilization progress of
human beings.

    Article 8  Education activities shall be in the benefit of public
interests of the state and the society.

    The state shall separate education from religion. Any organization or
individual may not employ religion to obstruct activities of the state
education system.

    Article 9  Citizens of the People’s Republic of China shall have the right
and duty to be educated.

    Citizens shall enjoy equal opportunity of education regardless of their
nationality, race, sex, occupation, property or religious belief etc.

    Article 10  The state shall help all minority nationality regions develop
educational undertakings in light of the characteristics and requirements of
different minority nationalities.

    The state shall support the development of educational undertakings in
remote border areas and poverty-stricken areas.

    The state shall support the development of educational undertakings for
disabled people.

    Article 11  The state shall fit in with the needs of the development of
socialist market economy and the social progress, accelerate educational
reform, promote the coordinated development of all kinds of education at all
levels, establish and perfect the whole life education system.

    The state shall support, encourage and organize scientific research on
education, spread the scientific research achievements on education and
improve the quality of education.

    Article 12  The Chinese language, both oral and written, shall be the
basic oral and written language for education in schools and other educational
institutions. Schools or other educational institutions which mainly consist
of students from minority nationalities may use in education the language of
the respective nationality or the native language commonly adopted in that
region.

    Schools and other educational institutions shall in their educational
activities popularize the nationally common spoken Chinese and the standard
written characters.

    Article 13  The state shall offer awards to those organizations and
individuals who have made distinguished contributions to the development of
educational undertakings.

    Article 14  The State Council and all local people’s government at
different levels shall supervise and manage the educational work according to
the principle of management by different levels and division of labour with
individual responsibility.

    Secondary and lower education shall be managed by the local people’s
government under the leadership of the State Council.

    Higher education shall be managed by the State Council and the people’s
government of province, autonomous region or municipality directly under the
central government.

    Article 15  The department of the State Council in charge of educational
administration shall be responsible for the educational works of the whole
country, make overall plans and coordinate the management of educational
undertakings of the whole country.

    The departments in charge of educational administration under the local
people’s government at and above the county level shall be responsible for
the educational works within the jurisdiction of the respective administrative
region.

    Other relevant departments of the people’s government at and above the
county level shall be responsible for relevant educational works within their
terms of reference.

    Article 17  The state shall adopt a school education system including
infant school education, primary education, secondary education and higher
education.

    The state shall establish scientific school system. Regulations in regard
to institution of schools and other educational institutions within the school
system, forms of education, length of schooling, admissions requirements and
educational objectives shall be formulated by the State Council or the
departments in charge of educational administration so authorized by the State
Council.

    Article 18  The state shall adopt a nine-year compulsory education system.

    The people’s government at different levels shall adopt every measure to
ensure children and juveniles of school age to go to school.

    Parents and guardians of children and juveniles of school age and relevant
social organizations or individuals shall have the duty to ensure that
children and juveniles of school age complete the compulsory education of a
prescribed length.

    Article 19  The state shall adopt a vocational education system and an
adult education system.

    The people’s government at different levels, relevant administrative
departments, enterprises and institutions shall adopt measures to develop and
ensure for citizens vocational school education or vocational training in
various forms.

    The state shall encourage the development of adult education in various
forms and make sure that citizens receive proper forms of education in
politics, economy, culture, science, technology, profession and whole life
education as well.

    Article 20  The state shall adopt a national examination system of
education.

    The national educational examinations shall be categorized by the
department in charge of educational administration under the State Council and
be conducted by institutions authorized by the state to organize examinations.

    Article 21  The state shall adopt a schooling credentials system.

    Schools and other educational institutions with the approval or consent of
the state shall award schooling credentials or other schooling certificates
according to corresponding regulations of the state.

    Article 22  The state shall adopt a academic degree system.

    The units who confer academic degrees shall confer correspondent post_titles of
academic degree upon people who have achieved certain academic standards or
professional standards of technology and award the correspond academic
credentials.

    Article 23  The people’s government at different levels, self-managed mass
organizations at grass-roots level and organizations in enterprises and
institutions shall take every measure to develop education to eliminate
illiteracy.

    Citizens who according to the state statutes have the capacity to receive
education intended for elimination of illiteracy shall receive such education.

    Article 25  The state shall formulate plans for educational development
and institute schools and other educational institutions.

    The state shall encourage enterprises, institutions, mass associations,
other social organizations and private citizens to establish schools and other
educational institutions according to law.

    Any organization or individual may not establish schools or other
educational institutions for the purpose of making profit.

    Article 26  The establishment of schools or other educational institutions
shall be subject to the following requirements of availability:

    (1) organized institution and constitution;

    (2) qualified teachers;

    (3) teaching and learning rooms, facilities and equipment that meet the
prescribed standards;

    (4) funds necessary for operation of the school and steady source of
capital injection.

    Article 27  The establishment, change or termination of a school or other
educational institution shall go through procedures of examination, approval,
registration or record according to corresponding state stipulations.

    Article 28  A school or other educational institution shall exercise
following rights:

    (1) autonomous management according to constitution;

    (2) organizing and conducting educational activities:

    (3) recruiting students or other education receivers;

    (4) exercising school administration over education receivers and awarding
prize or imposing punishment;

    (5) awarding corresponding schooling credentials upon education receivers;

    (6) employing teachers or other staff and awarding prizes or imposing
punishments;

    (7) managing and using facilities and capitals of the own unit;

    (8) refusing to accept any illegal interference into the educational and
teaching/learning activities by any organization or individual;

    (9) other rights as provided for by the law and regulations.

    The state shall protect schools and other educational institutions from
breach of their legitimate rights and interests.

    Article 29  Schools and other educational institutions shall perform
following duties:

    (1) obeying the law and regulations;

    (2) implementing the state directives on education, practising the state
educational and teaching/learning standards and guaranteeing the quality of
teaching and learning;

    (3) safeguarding the legitimate rights and interests of the education
receivers, teachers and other staffs;

    (4) providing convenience in a proper manner for education receivers and
their guardians to be informed of the receivers’ school achievements and other
results;

    (5) charging fees according to relevant state prescriptions and making
public the charges;

    (6) submitting to supervision according to law.

    Article 30  Schools and other educational institutions sponsors shall
decide on the management of schools and other educational institutions
according to concerned state regulations.

    Headmasters or chiefs of schools and other educational institutions shall
be those who are of the Chinese nationality, residing in the territory of
China and fit for the conditions prescribed by the state. Their appointment
and removal shall be made according to corresponding procedures provided for
by the state. Headmasters of schools shall be held responsible for
teaching/learning activities and administration.

    Schools and other educational institutions shall guarantee the
participation of teachers and staffs in democratic management and supervision
through the organic form such as the teachers and staffs congress mainly
consisting of teachers in accordance with relevant provisions of the state.

    Article 31  Schools and other educational institutions who have satisfied
conditions for legal persons shall obtain the status of legal persons from the
date of approval or registration of legal persons.

    Schools and other educational institutions shall enjoy civil rights and
interests and bear civil liabilities in civil activities according to law.

    State owned assets of schools and other educational institutions shall be
within the ownership of the state.

    Article 32  Teachers shall enjoy the rights and interests stipulated by
law, perform duties prescribed by law and devote to the people’s education
cause.

    Article 33  The state shall protect the legitimate rights and interests of
teachers, improve the working and living conditions of teachers and higher the
social status of teachers.

    The teachers’ wages, remuneration and welfare shall be handled according
to laws and regulations.

    Article 34  The state shall adopt a qualification-based post employment
system, improve the quality of teachers and strengthen the development of
teachers by way of examination, rewards, fosterage and training.

    Article 35  Schools and other educational institutions shall adopt an
educational staffs system for the management.

    Article 36  Education receivers shall enjoy equal rights in going to
school, entering higher school, employment and etc.

    Schools and relevant administrative departments shall guarantee that the
female enjoy equal rights with male in going to school, entering higher
school, employment, conferment of academic degrees and being sent abroad for
learning.

    Article 37  The state and society shall provide with different forms of
financial aids to children, juveniles and youths who are eligible for
schooling but in poor families.

    Article 38  The state, the society, schools and other educational
institutions shall organize education in consideration of the physical and
mental characteristics and requirements of the disabled people and offer them
with assistance and convenience.

    Article 39  The state, the society, schools and other educational
institutions shall create conditions for those minor offenders to receive
education.

    Article 40  Employees shall have the right and duty to receive vocational
training and continuous education according to law.

    State organs, enterprises, institutions and other social organizations
shall provide conditions and convenience for the learning and training of the
staffs of their own.

    Article 41  The state shall encourage schools, other educational
institutions and social organizations to create conditions for the whole life
education of citizens.

    Article 42  Education receivers shall enjoy following rights and interests
according to law:

    (1) participating in different activities conducted in accordance with
educational programme or teaching/learning syllabus; using educational or
teaching/learning facilities, equipment or books and materials;

    (2) obtaining scholarship, loan for education and stipend according to
relevant state regulations;

    (3) obtaining fair assessment in terms of academic achievements and
behaviour; being conferred correspondent credentials of learning and academic
degree upon fulfillment of prescribed school work;

    (4) bringing a complaint with relevant department in case of refusal to
accept a disciplinary action of the school; bringing a complaint or a suit
according to law if the right of personal safety or property has been
infringed upon by the school or the teacher;

    (5) other rights and interests as are provided for by law and regulations.

    Article 43  Education receivers shall perform the following duties:

    (1) abiding by law and regulations;

    (2) observing conduct standards of the school; showing respect to teachers
and developing good ideology, proper morale and behaviour habit;

    (3) studying strenuously and fulfilling assigned learning tasks;

    (4) obeying rules of the school or other educational institution to which
the education receiver is attached.

    Article 45  State organs, the army, enterprises, institutions, social
associations and other social organizations and individuals shall create good
social environment for the healthy growing-up of children, juveniles and young
student.

    Article 46  The state shall encourage enterprises, institutions, social
associations and other social organizations to cooperate by various ways with
higher education schools, secondary vocational schools in teaching and
learning, scientific research, technology development and dissemination.

    Enterprises, institutions, social associations and other social
organizations and individuals may support the construction of schools and
participate in management through proper forms.

    Article 47  State organs, the army, enterprises, institutions and other
social organizations shall render assistance and convenience for student to
practise and conduct social practical activities organized by the school.

    Article 48  Schools and other educational institutions shall take an
active part in local public welfare activities under the precondition that
normal educational and teaching/learning activities are not affected.

    Article 49  Parents or guardians of minor children shall provide their
under age sons and daughters or children under the guardianship with necessary
conditions for their education.

    Parents or guardians of minor children shall collaborate with the school
or the other educational institution on the education of their sons and
daughters or children under guardianship.

    Schools and teachers may provide parents of students with advice.

    Article 50  Students shall enjoy preferential treatment as to public
cultural and sport facilities such as libraries, museums, science and
technology centres, cultural centres, art galleries, gymnasiums and stadiums,
historical or cultural spots and revolutionary commemoration halls or places
so that education receivers can be offered convenience for education.

    Radio and TV station shall design education programmes and promote the
improvement of students in aspects of ideology, morale, cultural and
scientific capacity.

    Article 51  The state and the society shall establish out-of-school
education facilities for minor children.

    Schools and other educational institutions shall collaborate with
autonomous grass roots mass organizations, enterprises, institutions and
social associations to strengthen out-of-school education of minor children.

    Article 53  The state shall establish a mechanism based mainly on
financial allocation and supplemented with various approaches to raising
educational funds, gradually enlarge investment in education and ensure stable
sources of educational funds for state run schools.

    Schools and other educational institutions established under the
sponsorship of enterprises, institutions, social associations, other social
organizations and individuals according to law shall have the school funds
raised by the sponsors. The people’s governments at different levels may
render proper support.

    Article 54  The proportion of the state educational investment by way of
financial allocation to the volume of general national products shall
gradually increase along with the growth of national economy and financial
income. The executive steps for the proportion increase shall be determined by
the State Council.

    The proportion of educational appropriations to the total volume of
financial expenditures at different levels of the whole state shall increase
step by step with the growth of the national economy.

    Article 55  Educational appropriations of the people’s governments at
different levels shall be listed as a separate item of the financial budget
according to the principle of consistency of business power and financial
power.

    The increase of financial allocation to education by the people’s
government at different levels shall be higher than the growth of frequent
income of the finance. The people’s government shall make the average per
capita education appropriation for all students in the school increase
progressively and ensure that the teacher’s salary and the per capita public
fund for students grow gradually.

    Article 56  The State Council and the local people’s government at
different levels shall establish specific fund for education and lay special
stress on supporting compulsory education in remote border areas and
poverty-stricken areas and minority nationality regions.

    Article 57  Taxation agencies shall fully collect the added education fee,
which shall be controlled by the educational administrations and used mainly
in enforcement of compulsory education.

    The people’s government of province, autonomous region and municipality
directly under the central government may decide on the levy of added local
education fee for specific use of education.

    The collection of the added education fee in the countryside within the
overall finance of townships shall be organized by the people’s government of
the township. The fee shall be managed on behalf of the township people’s
government by the education administrative department of the people’s
government at the county level or by the people’s government of the township
itself and shall be used for the educational undertakings at the two levels of
township and village within the jurisdiction of the township. The accurate
proportion of the levy of added education fee in the countryside to the
overall finance of the township and the concrete management thereof shall be
regulated by the people’s government of province, autonomous region and
municipality directly under the central government.

    Article 58  The state shall adopt preferential measures to encourage and
support schools to develop work-and-study programme, conduct social services
and establish campus workshops on the precondition that the normal education
and teaching/learning activities are not affected.

    Article 59  Subject to the approval of the people’s government at the
county level the people’s government at the level of township or minority
nationality township may in light of the principle of voluntary and capacity
consideration collect funds to run school within its own jurisdiction, using
the funds so collected in reconstruction or repair of dangerous houses in the
purpose of enforcement of compulsory education or construct new school houses.
The funds may not be used for any other purpose.

    Article 60  The state shall encourage social organizations and individuals
to donate money for schools.

    Article 61  The financial allocation of education funds of the state and
donations of social organizations or individuals shall be used in education
only and may not be diverted for other purposes or deducted.

    Article 62  The state shall encourage the use of banking and credit
measures to support the development of educational undertakings.

    Article 63  The people’s government at different levels and education
administrative department shall strengthen supervision and management of
educational capitals of schools and other educational institutions and raise
the education investment efficiency.

    Article 64  The local people’s government at different levels and relevant
administrative departments thereof shall include the capital construction of
schools in the construction planning of the cities and townships, take into
consideration the use of land for capital construction of schools and
necessary goods and materials and make arrangements accordingly, and shall
carry out priority or preferential policies according to related state
regulations.

    Article 65  The people’s government at different levels shall carry out
priority or preferential policies according to corresponding state regulations
in