Compulsory Education Law of the People's Republic of China (2018 Amendment)

Compulsory Education Law of the People's Republic of China (2018 Amendment) Compulsory Education Law of the People's Republic of China (Adopted at the Fourth Session of the Sixth National People's Congress on April 12, 1986, and revised at the 22nd Session of the Standing Committee of the Tenth National People's Congress on June 29, 2006; amended for the first time in accordance with the Decision on Amending the Five Laws Including the Compulsory Education Law of the People's Republic of China adopted at the 14th Session of the Twelfth National People's Congress on April 24, 2015; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Five Laws Including the Product Quality Law of the People's Republic of China adopted at the 7th session of the Standing Committee of the thirteenth National People's Congress on December 29, 2018) Contents Chapter I General Provisions Chapter II Students Chapter III Schools Chapter IV Teachers Chapter V Education and Teaching Chapter VI Guarantee of Operating Funds Chapter VII Legal Liabilities Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 For the purpose of guaranteeing the right to compulsory education of school-age children and adolescents, ensuring the implementation of the compulsory education policy and promoting the quality of the whole nation, this Law was formulated in accordance with the Constitution and the Education Law . Article 2 The state adopts the system of 9-year compulsory education. The compulsory education is the education which is implemented uniformly by the state and shall be received by all school-age children and adolescents. It is a public welfare cause that shall be guaranteed by the state. No tuition or miscellaneous fee may be charged in the implementation of compulsory education. The state shall establish a compulsory education operating funds guarantee mechanism to ensure the implementation of the compulsory education system. Article 3 In compulsory education, the state policy on education shall be implemented and quality-oriented education shall be carried out to improve the education quality and enable children and adolescents to achieve all-round development - morally, intellectually and physically - so as to lay the foundation for cultivating well-educated and self-disciplined builders of socialism with high ideals and moral integrity. Article 4 All children and adolescents who have the nationality of the People's Republic of China and have reached the school age shall have equal right and have the obligation to receive compulsory education, regardless of the gender, nationality, race, status of family property, religion, belief, etc. Article 5 The people's governments at all levels and their relevant departments shall perform all functions as described by this Law and shall ensure the right to compulsory education of all school-age children and adolescents. The parents or other statutory guardians of school-age children and adolescents shall ensure that school-age children and adolescents go to school to receive and complete the compulsory education. The schools lawfully carrying out compulsory education shall complete the educational and teaching tasks as required and ensure the educational and teaching quality. Social organizations and individuals shall create a good environment for the school-age children and adolescents to receive compulsory education. Article 6 The State Council and the local people's governments at the county level and above shall reasonably allocate the educational resources, promote the balanced development of compulsory education, improve the conditions of weak schools, take measures to ensure the implementation of the compulsory education policy in rural areas and areas of ethnic minorities, and guarantee the school-age children and adolescents from families with financial difficulties and disabled school-age children and adolescents to receive compulsory education. The state shall organize and encourage the economically developed areas to provide aid to the economically under-developed areas in the implementation of the compulsory education policy. Article 7 The compulsory education shall be under the leadership of the State Council, be carried out under the plans of the provinces, autonomous regions, municipalities directly under the Central Government, and be mainly administered by the people's governments at the county level. The education administrative departments of the people's governments at the county level or above shall be responsible for the implementation of the compulsory education policy. Other relevant departments of the people's governments at the county level or above shall, within the scope of their respective functions, be responsible for the implementation of the compulsory education policy. Article 8 An education supervisory institution of the people's government shall supervise the compliance with the laws and regulations in the compulsory education work, the educational and teaching quality as well as the status of balanced development of compulsory education, and shall issue supervisory reports to the general public. Article 9 Any social organization or individual may expose or complain any violation of this Law to the relevant state organ. In the event that this Law is grossly violated, the implementation of the compulsory education policy is hampered and bad consequences are caused to the society, the liable persons-in-charge of the people's government or of the education administrative department of the people's government shall resign from their posts due to their mistakes. Article 10 The social organizations and individuals who have made outstanding contributions in the implementation of the compulsory education policy shall be commended and awarded by the people's governments at all levels and their relevant departments. Chapter II Students Article 11 Any child who has attained to the age of 6, his (her) parents or other statutory guardians shall have him (her) enrolled in school to finish the compulsory education. For the children in those areas where it is not possible, the initial time of schooling may be postponed to 7 years old. If, on account of illness or other special circumstances, where a school-age child or adolescent needs to postpone his (her) enrollment or suspend his (her) schooling, his (her) parents or other statutory guardians shall file an application with the education administrative department of the local people's government of the township, town or county for approval. Article 12 The school-age children and adolescents shall go to school without taking any examination. The local people's governments at all levels shall ensure that the school-age children and adolescents are enrolled in the schools near the permanent residences of the school-age children and adolescents. For a school-age child and adolescent whose parents are working or dwelling at a place other than their permanent residence, if he (she) receives compulsory education at the place where his (her) parents or other statutory guardians are working or dwelling, the local people's government shall provide him (her) with equal conditions for receiving compulsory education. The concrete measures shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government. An education administrative departments of the people's government at the county level shall guarantee the right of the servicemen's children to compulsory education within its administrative area. Article 13 The education administrative departments of the people's governments at the county level, and the people's governments of the townships and towns shall organize and urge school-age children and adolescents to go to school, help to solve their difficulties in receiving compulsory education and take measures to prevent them from discontinuing their schooling. The residents' committees and villagers' committees shall help the government to do well in urging school-age children and adolescents to go to school. Article 14 It is forbidden for any employing entity to employ any school-age children and adolescents who shall be receiving compulsory education. For the social organizations which enroll school-age children and adolescents for professional training of art and literature, physical education, etc., they shall ensure that the children and adolescents enrolled therein receive compulsory education. If they carry out compulsory education by themselves, they shall be subject to approval of the education administrative departments of the people's governments at the county level. Chapter III Schools Article 15 The local people's governments at or above the county level shall, on the basis of the factors such as the number and distribution of the school-age children and adolescents dwelling in their respective administrative area, formulate and adjust the plans on the setup of schools in accordance with the relevant provisions of the state. Where a newly established residential area needs to set up a school, it shall build it along with the construction of the residential area. Article 16 The construction of schools shall conform to the standards of the state on running schools, shall meet the educational ......