(Adopted at the Third Meeting of the Standing Committee of the
Eighth National People's Congress on March 18, 1995 and promulgated
by Order No. 45 of the President of the People's Republic of China
on March 18, 1995）
Contents
Chapter?? I???? General
Provisions?
Chapter?? II??? Basic System of
Education?
Chapter?? III?? Schools and Other
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 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
standardized 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 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 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 concerned 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
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
fulfill 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.
Chapter?? IV
Teachers and Other Educators
Article 32 Teachers shall enjoy the rights prescribed by law,
fulfill the obligations prescribed by law and devote themselves to
the people's cause of education.
Article 33 The State protects the lawful rights and interests of
teachers, improves their working and living conditions and enhances
their social status.
Salaries and welfare benefits for teachers shall be handled
according to the provisions of laws and regulations.
Article 34 The State applies a system of qualifications, posts
and appointment for teachers, enhances the quality of teachers and
build a strong contingent of teachers by means of examination,
awards and training.
Article 35 A system of educational administrators shall be
applied for administrative personnel of schools and other
institutions of education.
A system of appointment for professional or technical post shall
be applied for auxiliary teaching staff and other professional or
technical personnel in schools and other institutions of
education.
Chapter?? V
Educatees
Article 36 Educatees shall according to law enjoy equal rights
in enrollment, admission to schools of a higher level, employment,
etc.
Schools and administrative departments concerned shall, in
accordance with relevant regulations of the State, ensure that
females enjoy equal rights with males in enrollment, admission to
schools of a higher level, employment, conferment of academic
degrees, dispatch for study abroad, etc.
Article 37 The State and society provide financial assistance of
various forms to children, adolescents and youths who meet the
conditions for school admission but whose families have financial
difficulties.
Article 38 The State, society, schools and other institutions of
education shall carry out education for the disabled in light of
their physical and mental conditions and needs and provide them
with assistance and convenience.
Article 39 The State, society, families, schools and other
institutions of education shall create conditions for adolescent
delinquents to receive education.
Article 40 Employees shall have the right and obligation to
receive vocational training and continuing education according to
law.
State organs, enterprises and institutions as well as other
social organizations shall create conditions and provide
convenience for their staff and workers to study and receive
training.
Article 41 The State encourages schools and other institutions
of education as well as social organizations to take measures to
create conditions for citizens to receive life-long education.
Article 42 Educatees shall enjoy the following rights:
(1) to participate in various activities arranged according to
educational or teaching programs and use educational or teaching
facilities, equipment and books and materials;
(2) to receive scholarships, student loans or subsidies in
accordance with the relevant regulations of the State;
(3) to receive a fair evaluation of his or her academic
performance and moral character, and receive an education
certificate or academic degree certificate, as appropriate, upon
completion of the required programs;
(4) to lodge a complaint with the competent department if he or
she refuses to accept punishment imposed by the school, and to
lodge a complaint or bring a lawsuit, in accordance with law,
against an infringement upon his or her right of the person or
property or other lawful rights and interests by the school
authorities or teachers; and
(5) other rights as stipulated by law or regulations.
Article 43 Educatees shall fulfill the following
obligations:
(1) to observe law and regulations;
(2) to observe norms of conduct for students, respect teachers
and develop sound ideology, moral character and habits of
conduct;
(3) to work hard in their studies and complete the assigned
tasks of study; and
(4) to adhere to the management system of the school or any
other institution of education they attend.
Article 44 Administrative departments of education, sports and
public health, and schools or other institutions of education shall
improve sports and health care facilities to ensure students good
health both in body and in mind.
Chapter?? VI
Education and Society
Article 45 State organs, units of the army, enterprises,
institutions, public organizations, other social organizations and
individuals shall, in accordance with law, create a good social
environment for children, adolescents and students so that they may
grow up healthy both physically and mentally.
Article 46 The State encourages enterprises, institutions,
public organizations and other social organizations to cooperate in
various forms with institutions of higher learning and secondary
vocational schools in teaching, scientific research, and
technological development and popularization.
Enterprises, institutions, public organizations, other social
organizations and individuals may, in appropriate ways, support the
development of schools and participate in their management.
Article 47 State organs, units of the army, enterprises,
institutions and other social organizations shall provide
assistance and convenience for students' internships and social
practices arranged by schools.
Article 48 Schools and other institutions of education shall
take an active part in local public welfare activities, provided
that this does not affect their normal educational and teaching
activities.
Article 49 Parents or other guardians of minors shall provide
the necessary conditions for their minor children or other minors
under their guardianship to receive education.
Parents or other guardians of minors shall coordinate with
schools or other institutions of education in educating their minor
children or other minors under their guardianship.
Schools and teachers may furnish parents of students with
guidance for family education.
Article 50 Libraries, museums, science and technology centers,
cultural centers, art galleries, stadiums (gymnasiums) and other
public cultural and sports facilities as well as places of historic
and cultural interest and revolutionary memorial halls (sites)
shall give preferential treatment to teachers and students and
provide convenience for educatees to receive education.
Radio and television stations (centers) shall offer educational
programs designed to help enhance the ideology and moral character
and cultural, scientific and technological qualities of
educatees.
Article 51 The State and society shall establish and develop
educational facilities for minors to receive after-school
education.
Schools and other institutions of education shall coordinate
with grassroots autonomous organizations of a mass character,
enterprises, institutions and public organizations to strengthen
after-school education for minors.
Article 52 The State encourages public organizations, social and
cultural institutions, other social organizations and individuals
to offer social, cultural and educational activities that are
conducive to the sound development in body and mind of
educatees.
Chapter?? VII
Educational Input and Guarantee of
Conditions
Article 53 The State practises a system wherein government
appropriations constitute the main body of the educational
appropriations, supplemented by funds raised from a variety of
other sources, and the State gradually increases its educational
input so as to ensure a stable source of educational appropriations
for State-run schools.
With respect to schools and other institutions of education
established and run by enterprises, institutions, public
organizations, other social organizations or individuals, their
operating expenses shall be raised by the respective sponsors; the
people's governments at various levels may provide them with
appropriate support.
Article 54 The proportion of educational appropriations in gross
national product allocated by the State shall gradually rise, as
the national economy develops and the financial revenue increases.
The specific proportion and measures for its implementation shall
be prescribed by the State Council.
The proportion of educational appropriations allocated by
governments at various levels shall gradually rise along with the
development of the national economy.
Article 55 The educational appropriations of the people's
governments at various levels shall be listed separately in their
fiscal budgets in accordance with the principle of their unified
authority over the administrative affairs and the financial
affairs.
The people's governments at various levels shall see to it that
their appropriations for education shall increase at a faster rate
than their regular revenues, that the average expenditure on per
enrolled student shall increase steadily and that the teachers'
salaries and the average public expenditure per student shall
increase steadily.
Article 56 The State Council and the people's governments at or
above the county level shall set up a special fund for education to
be used mainly for assisting outlying and poverty-stricken areas
and areas inhabited by minority ethnic groups in enforcing
compulsory education there.
Article 57 Taxation authorities shall collect in full the extra
charges of education funds, all of which shall be controlled by the
administrative departments of education and used mainly for the
enforcement of compulsory education.
Pursuant to the relevant regulations of the State Council, the
people's governments of provinces, autonomous regions, and
municipalities directly under the Central Government may decide to
levy local extra charges for educational purpose, which shall be
used exclusively for education.
The people's governments at the township level shall make
arrangements for the collection of the extra charges of education
funds incorporated in the overall planning of rural townships,
which shall be administered by the administrative departments of
education at the county level on behalf of the rural townships or
by the people's governments of townships and shall be used for
educational undertakings at the township and village levels of
their respective townships. The specific proportion of the extra
charges of education funds incorporated in the overall planning of
rural townships and the specific measures for the administration
thereof shall be prescribed by the people's governments of
provinces, autonomous regions, or municipalities directly under the
Central Government.
Article 58 The State adopts preferential measures to encourage
and help schools to launch work-study programs, to provide services
for the community and to set up schools factories, on condition
that this shall not affect the normal education and teaching.
Article 59 With the approval of the people's governments at the
county level, people's governments of townships, nationality
townships or towns may, on the basis of voluntariness and according
to their own capability, raise funds in their own administrative
areas for education. Funds thus raised shall be used for renovation
and repairs of dilapidated buildings and construction of new
buildings for schools providing compulsory education; such funds
shall not be diverted to any other purposes.
Article 60 The State encourages social organizations and
individuals both at home and abroad to donate money for education
in China.
Article 61 Educational appropriations from the State and
contributions and donations offered by social organizations or
individuals for education shall be used for education; they shall
not be diverted to any other purposes or withheld.
Article 62 The State encourages the use of loans and other
financial means to support the development of educational
undertakings.
Article 63 People's governments at various levels and their
administrative departments of education shall strengthen
supervision and control over educational appropriations for schools
and other institutions of education in order to achieve better
results of investment in education.
Article 64 Local people's governments at various levels and
their relevant administrative departments shall incorporate capital
construction for schools into rural and urban construction plans,
make overall arrangements for the land and materials needed for
capital construction for schools, and give priority to and adopt
preferential policies towards such capital construction in
accordance with the relevant regulations of the State.
Article 65 People's governments at various levels shall, in
accordance with the relevant regulations of the State, give
priority and adopt preferential policies with regard to the
publication and distribution of textbooks and other printed
materials for teaching and learning purposes, the production and
supply of teaching and learning instruments and equipment, and the
importation of books and other printed materials, teaching and
learning instruments and equipment for education and scientific
research.
Article 66 People's governments at or above the county level
shall develop satellite television education and other modern means
for teaching and learning, and the administrative departments
concerned shall give such development priority and support.
The State encourages the wide use of modern means in teaching
and learning by schools and other institutions of education.
Chapter?? VIII
Foreign Exchange and Cooperation in
Education
Article 67 The State encourages foreign exchange and cooperation
in education.
In conducting foreign exchange and co-operation in education,
the principles of independence, equality, mutual benefit and mutual
respect shall be adhered to, the laws of the People's Republic of
China shall not be violated, and the State sovereignty and security
and public interests shall not be harmed.
Article 68 To go abroad for study, research, academic exchange
or teaching purposes by Chinese citizens within the territory of
China shall be handled according to the relevant regulations of the
State.
Article 69 Individuals outside the territory of China, who meet
the requirements of the State and complete the relevant
formalities, may enter China to study, do research, engage in
academic exchange or teach in schools or other institutions of
education. Their lawful rights and interests shall be protected by
the State.
Article 70 Recognition of the academic degree certificates,
educational qualification certificates and other types of education
certificates issued by institutions of education outside the
territory of China shall be governed by the international treaties
to which China is a signatory party or has acceded, or by the
relevant regulations of the State.
Chapter?? IX
Legal Responsibility
Article 71 Where, in violation of the relevant regulations of
the State, educational appropriations are not examined and
allocated as specified in the budget, the people's government at
the corresponding level shall set a time limit for such examination
and allocation; if the case is serious, leading persons directly in
charge and other persons directly responsible for it shall be given
administrative sanctions according to law.
Where, in violation of the State's fiscal system or financial
system, educational appropriations are diverted to other purposes
or withheld, the organ at a higher level shall order the return,
within a time limit, of the part of the appropriations that is
diverted to other purposes or withheld and shall impose, in
accordance with law, administrative sanctions on the leading
persons directly in charge and other persons directly responsible
for it; if the case constitutes a crime, criminal responsibility
shall be investigated according to law.
Article 72 If anyone engages in gang-fighting or stirs up
quarrels, thus disrupting educational or teaching order of schools
or other institutions of education, or destroys school buildings,
sites or other property, he shall be given administrative penalties
for public security by public security organs; if the case
constitutes a crime, the offender shall be investigated for
criminal responsibility according to law.
If anyone illegally occupies school buildings, sites or other
property, he shall bear civil liabilities according to law.
Article 73 If anyone knowingly fails to take measures with
regard to the school buildings or educational or teaching
facilities that are dangerous, thus causing human casualties or
heavy losses of property, the leading persons directly in charge
and other persons directly responsible for it shall be investigated
for criminal responsibility according to law.
Article 74 If anyone, in violation of the relevant regulations
of the State, collects fees from a school or any other institution
of education, he shall be ordered by the government concerned to
return the fees thus collected; the leading persons directly in
charge and other persons directly responsible for it shall be given
administrative sanctions according to law.
Article 75 If anyone, in violation of the relevant regulations
of the State, establishes schools or other institutions of
education, such schools or institutions shall be dissolved by the
administrative department of education; the unlawful gains, if any,
shall be confiscated; the leading persons directly in charge and
other persons directly responsible for it shall be given
administrative sanctions according to law.
Article 76 If anyone, in violation of the relevant regulations
of the State, enrolls students or other trainees, he shall be
ordered by the administrative department of education to send back
such students or trainees and to return the fees thus collected;
the leading persons directly in charge and other persons directly
responsible for it shall be given administrative sanctions
according to law.
Article 77 If anyone practises favoritism or other
irregularities in enrolling students or other trainees, he shall be
ordered by the relevant administrative department of education to
dismiss the students or trainees; the leading persons directly in
charge and other persons directly responsible for it shall be given
administrative sanctions according to law; if the case constitutes
a crime, the offender shall be investigated for criminal
responsibility according to law.
Article 78 Where schools or other institutions of education, in
violation of the relevant regulations of the State, collect fees
from educatees, such schools or institutions shall be ordered by
the relevant administrative department of education to return the
fees thus collected; the leading persons directly in charge and
other persons directly responsible for it shall be given
administrative sanctions according to law.
Article 79 If cheating on a national education examination is
found, the relevant administrative department of education shall
nullify the examination, and shall, in accordance with law, impose
administrative sanctions on the leading persons directly in charge
and other persons directly responsible for it.
A national education examination that is held illegally shall be
nullified by the relevant administrative department of education;
the unlawful gains, if any, shall be confiscated; the leading
persons directly in charge and other persons directly responsible
for it shall be given administrative sanctions according to
law.
Article 80 The relevant administrative department of education
shall nullify the academic degree certificates, educational
qualification certificates or other education certificates that are
issued in violation of the provisions of this Law, and shall order
their return or confiscation; the unlawful gains, if any, shall be
confiscated; if the case is serious, the institution concerned
shall be disqualified for conferring the certificates.
Article 81 If anyone, in violation of the provisions of this
Law, infringes upon the lawful rights and interests of teachers,
educatees or schools or other institutions of education, thus
causing losses or damage, he shall bear civil liabilities according
to law.
Chapter?? X
Supplementary Provisions
Article 82 Regulations on education in military schools shall be
formulated by the Central Military Commission in accordance with
the principles of this Law.
Regulations on education in religious schools shall be
formulated by the State Council separately.
Article 83 Measures governing the establishment of schools
within the territory of China by organizations or individuals
outside China or through their cooperation with organizations or
individuals inside China shall be formulated by the State
Council.
Article 84 This Law shall go into effect as of September 1,
1995.?
Source: NPC