Education Law of the People's Republic of China (2021 Amendment)

Education Law of the People's Republic of China (2021 Amendment)

(Adopted at the Third Session of the Eighth National People's Congress on March 18, 1995; amended for the first time according to the Decision on Amending the Some Laws as adopted at the tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time according to the Decision of the Standing Committee of the National People's Congress on Amending the Education Law of the People's Republic of China as adopted at the 18th Session of the Standing Committee of the 12th National People's Congress on December 27, 2015; and amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend the Education Law of the People's Republic of China at the 28th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 29, 2021)

Contents

Chapter I General Provisions

Chapter II Basic System of Education

Chapter III School 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



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 undertaking of socialist education, the state adheres to the leadership of the Communist Party of China, follows the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, and follows the basic principles set out in the Constitution.



Article 4 Education is the basis of the socialist modernization drive and is of decisive significance to improving the people's overall quality, promoting the people's all-round development, enhancing the innovative and creative vitality of the Chinese nation, and realizing the great rejuvenation of the Chinese nation. The state gives priority to the development of the educational undertaking.

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 the people, be integrated with productive labor and social practices, and cultivate socialist builders and successors who are fully developed in morals, intelligence, physical fitness, aesthetics, and labor education.



Article 6 Education shall be always based on the established moral values, the education on the core values of socialism shall be strengthened, and the sense of social responsibility, spirit of innovation, and practical capability of educatees shall be heightened.

The state shall provide education on patriotism, collectivism, and socialism with Chinese characteristics among educatees, as well as ideals, ethics, discipline, rule of law, national defense, and national unity.



Article 7 In education, the fine traditional Chinese culture, revolutionary culture and advanced socialist culture shall be inherited and carried forward, and all 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 The state shall, as needed for the development of the socialist market economy and the social advancement, promote educational reforms, boost the coordinated development, connection, and integration of education at various levels and of various types, improve the modern national education system and the life-long education system, and enhance the modernization of education.

The state shall take measures to promote educational equality and promote the balanced development of 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 standard spoken and written Chinese language shall be the basic language used by schools and other educational institutions in education and teaching, and schools and other educational institutions shall use standard spoken and written Chinese language in education and teaching.

Schools and other educational institutions dominated by ethnic minority students in ethnic autonomous areas shall, according to the actual circumstances, use the standard spoken and written Chinese language and the spoken and written language of their respective ethnicities or commonly used by the local ethnicities to implement bilingual education.

The state shall take measures to facilitate and support the implementation of bilingual education in schools and other educational institutions dominated by ethnic minority students.



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 shall develop the standards for pre-school education, accelerate the popularization of pre-school education, and establish a pre-school education public service system covering both urban and rural areas, especially the countryside.

The people's governments at all levels shall take measures to facilitate and support the pre-school education received by children below the school age.



Article 19 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 20 The state shall apply a system of vocational education and a system of continuing education.

The people's governments at all levels, relevant administrative departments, industry associations, enterprises, and public institutions shall take measures to develop and guarantee that citizens receive education in vocational schools or different forms of vocational training.

The state shall encourage the development of varied forms of continuing education so that citizens receive appropriate forms of education in politics, economics, culture, science, technology, profession, and other respects, promote the mutual recognition and connection of outcomes of learning of various types, and promote life-long learning among the whole people.



Article 21 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 22 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 23 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 24 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 25 The State applies an educational supervision system and an educational evaluation system for schools and other institutions of education.



Chapter III School and Other Institutions of Education



Article 26 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.

The state shall establish and run schools and other educational institutions under the principle of thrifty

A school or any other educational institution to be run entirely or partially with fiscal funding or donated assets shall not be formed as a for-profit organization.



Article 27 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 28 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 29 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 30 Schools a......