Education Law of the People's Republic of China

(Adopted at the 3rd Meeting of the Standing Committee of the Eighth National People's Congress on March 18, 1995; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending the Education Law of the People's Republic of China adopted at the 18th Meeting of the Standing Committee of the Twelfth National People's Congress on December 27, 2015; and amended for the third time in accordance with the Decision on Amending the Education Law of the People's Republic of China adopted at the 28th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2021）

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 Liability

     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, improving the quality of the entire nation and promoting the modernization of material and cultural-ethical advancement.

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 For developing socialist education, the state shall uphold the leadership of the Communist Party of China, adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as its guidelines and follow the basic principles defined in the Constitution.

Article 4 Education is the basis of the socialist modernization drive, playing a decisive role in improving the overall quality of people, promoting people's well-rounded development, strengthening the innovation and creativity of our whole nation and achieving the great rejuvenation of the Chinese nation. The state shall ensure the 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 and the people, and must be combined with production, labor as well as social practice, in order to nurture a new generation of capable young people with sound moral grounding, intellectual ability, physical vigor, aesthetic sensibility, and work skills who will fully develop socialism and carry forward the socialist cause.   

Article 6 Education shall adhere to setting the standard of morality and emphasizing the appropriate development of a person by cultivating the core socialist values among the educatees to increase their consciousness of social responsibility, creativity and their ability to cope with practical situations.

The state conducts education among educatees in patriotism, collectivism, and socialism, as well as in the importance of ideals, ethics, discipline, the legal system, national defense and national unity.

Article 7 For developing education, the fine traditional Chinese culture, revolutionary culture and advanced socialist culture shall be carried forward and promoted, and all other excellent achievements of human civilization shall be embraced.

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 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, advances coordinated and consummate development of education at various levels and of various types, promotes the sound development of modern national education, improves the system of life-long education, and raises the standard of education with a more modernized vision.

The state shall take measures to promote fairness in relation to education and balance development in education.

The state supports, encourages and organizes scientific research in education, and disseminates 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 spoken and written language in teaching and learning in schools and other institutions of education, which shall be so used by the aforementioned schools and institutions of education.

In schools and other institutions of education located in ethnic autonomous areas, and in which students of minority ethnic groups constitute the majority, bilingual education shall be adopted in teaching and learning by using both the standard spoken and written Chinese language as well as the spoken and written language used by the specific ethnic group or commonly used by the local ethnic groups.

The state shall take measures to provide relevant conditions and support for the adoption of bilingual education in schools and other institutions of education where students of minority ethnic groups constitute the majority.

Article 13 The state awards organizations 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 areas.

Other relevant departments under the people's governments at or above the county level shall be responsible for the relevant 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 sound 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 establish the standard for preschool education, accelerate the speed of popularizing preschool education, and establish a systematic public service of preschool education that covers both urban and rural areas, especially rural areas.

The people's governments at various levels shall take measures to provide conditions and support for children at age to receive preschool education.

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 applies a system of vocational education and a system of adult education.

People's governments at various levels, the relevant administrative departments, trade associations as well as enterprises and public 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 education, facilitates mutual acceptance of performance results achieved in different types of education, and encourages the people to keep learning for life.

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 examinations which shall be undertaken by the institutions that conduct such education examinations 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 degrees.

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, primary-level people's organizations for self-governance and enterprises and public institutions shall take all kinds of measures to carry out literacy education programs.

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

Schools and Other Institutions

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, public institutions, societies 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 adhere to the principle of being cost-effective in establishing and running schools and other institutions of education.

Schools or other institutions of education funded, fully or partially, by donations or government funds may not be registered as for-profit organizations.

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 articles of association;

     (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 articles of association;

     (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 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 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 31 Entities 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 other forms.

Article 32 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-owned assets in a school or any other institution of education shall be owned by the People's Republic of China.

Factories run by schools or other institutions of education shall bear civil liabilities independently.

Chapter IV

Teachers and Other Educators

Article 33 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 34 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 35 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 36 A system of educational administrators shall be applied to administrative personnel of schools and other institutions of education.

A system of appointment for professional or technical posts shall be applied to auxiliary teaching staff and other professional or technical personnel in schools and other institutions of education.

Chapter V

Educatees

Article 37 Educatees shall, in accordance with law, enjoy equal rights in enrollment, admission to schools of a higher level, employment, etc.

Schools and the relevant administrative departments 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 38 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 39 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 40 The state, society, families, schools and other institutions of education shall create conditions for adolescent delinquents to receive education.

Article 41 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 42 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 43 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 44 Educatees shall fulfill the following obligations:

     (1) to observe law and regulations;

     (2) to observe norms of conduct for students, respect teachers and develop good 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 45 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.