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Higher Education Law of the People's Republic of China
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(Adopted at the 4th Meeting of the Standing Committee
of the 9th National People's Congress on August 29, 1998 and promulgated
by Order No.7 of the President of the People's Republic of China
on August 29, 1998)
Contents
Chapter I General Provisions
Chapter II Basic System of Higher Education
Chapter III Establishment of Institutions of Higher Learning
Chapter IV Organization and Activities of Institutions of Higher
Learning
Chapter V Teachers and Other Educational Workers of Institutions
of Higher Learning
Chapter VI Students of Institutions of Higher Learning
Chapter VII Guarantee for Input and Conditions of Higher Education
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution
and the Education Law for the purposes of developing the cause of
higher education, implementing the strategy of reinvigorating the
country through science and education and promoting the building
of socialist material civilization and spiritual civilization.
Article 2 This Law shall be applicable to engagement in activities
of higher education within the territory of the People's Republic
of China.
Higher education referred to in this Law means education imparted
on the basis of completion of senior secondary school education.
Article 3 The state adheres to the development of the cause of
socialist higher education with Marxism-Leninism, Mao Zedong Thought
and Deng Xiaoping's Theory as guidance following the basic principles
defined by the Constitution.
Article 4 Higher education must implement the educational policy
of the state, serve socialist modernization, integrate itself with
production and labor to train those educated to be builders and
successors of the socialist cause with all-round development of
morality, intelligence and physique.
Article 5 The task of higher education is to train senior specialized
talents with innovative spirit and practical capability, develop
science, technology and culture and promote socialist modernization.
Article 6 The state formulates higher education development planning,
establishes institutions of higher learning and adopts various forms
to actively develop the cause of higher education in accordance
with the requirements of economic construction and social development.
The state encourages such social forces as enterprises, institutions,
societies and other social organizations and citizens in the establishment
of institutions of higher learning, participation in and rendering
support for the reform and development of the cause of higher education
in accordance with law.
Article 7 The state presses ahead the reform of the higher education
system and the reform of higher education teaching, optimizes the
structure of and resources allocation for higher education, improve
the quality and performance of higher education in the light of
the actual conditions of different types and different tiers of
institutions of higher learning and in accordance with the requirements
of socialist modernization and development of the socialist market
economy.
Article 8 The state assists and supports minority nationality
regions in the development of the cause of higher education and
training of senior specialized talents for minority nationalities
in the light of the characteristics and requirements of minority
nationalities.
Article 9 Citizens have the right to higher education according
to law.
The state adopts measures to assist students of minority nationalities
and students with financial difficulties to receive higher education.
Institutions of higher learning must admit disabled students who
meet the admission standards set by the state and must not refuse
to admit them for their disabilities.
Article 10 The state safeguards the freedom of scientific research,
literary and artistic creations and other cultural activities in
institutions of higher learning according to law.
Scientific research, literary and artistic creations and other
cultural activities in institutions of higher learning should abide
by law.
Article 11 Institutions of higher learning should be geared to
the needs of society, run independently and practice democratic
management in accordance with law.
Article 12 The state encourages cooperation among institutions
of higher learning, between institutions of higher learning and
scientific research institutes as well as enterprises and institutions
to be mutually supplementary with reach's own advantages and improve
the performance in the employment of educational resources.
The state encourages and supports international exchanges and
cooperation for the cause of higher education.
Article 13 The State Council uniformly leads and administers the
cause of higher education nationwide.
People's governments of the provinces, autonomous regions and
municipalities directly under the Central Government coordinate
with unified planning the cause of higher education within their
respective administrative areas, administer the training of talents
mainly for the localities and institutions of higher learning the
administration of which have been authorized by the State Council.
Article 14 The department of education administration under the
State Council shall take charge of the work of higher education
nationwide, administer the institutions of higher learning that
mainly train talents for the whole country determined by the State
Council. Other departments concerned under the State Council shall
be responsible for the related work of higher education within the
scope of responsibilities prescribed by the State Council.
Chapter II Basic System of Higher Education
Article 15 Higher education consists of curricula education and
non-curricula education.
Higher education adopts the educational forms of full-time system
and non-full-time system.
The state supports the adoption of broadcast, television, correspondence
and other modes of distance education to impart higher education.
Article 16 Higher curricula education is divided into specialty
education, undergraduate education and post graduate education.
Higher curricula education should meet the following standards
for school work:
(1)specialty education should enable students to master the basic
theory and basic knowledge essential for the respective specialty
and acquire the basic skills and initial capability for the practical
work of the respective specialty;
(2)undergraduate education should enable students to systematically
master the basic theory and basic knowledge necessary for the respective
discipline and specialty, master the basic skills, techniques and
related know-how necessary for the respective specialty and acquire
initial capability for the practical work and research work of the
respective specialty; and
(3)master's post graduate education should enable students to
master firm basic theory of the respective discipline, systematic
specialty knowledge, master corresponding skills, techniques and
related know-how, and acquire capabilities for the practical work
and scientific research work of the respective specialty. Doctoral
post graduate education should enable students to master firm and
broad basic theory, systematic and in-depth specialty knowledge
and corresponding skills and techniques, and acquire capabilities
for independent creative scientific research work and practical
work of the respective discipline.
Article 17 The basic length of schooling for specialty education
shall be two to three years, the basic length of schooling for undergraduate
education shall be four to five years, the basic length of schooling
for master's post graduate education shall be two to three years
and the basic length of schooling for doctoral post graduate education
shall be three to four years. The length of schooling for non-full-time
higher curricula education should be adequately extended. Institutions
of higher learning may adjust the length of schooling of the respective
schools in the light of actual requirements subject to the approval
of the competent department of education administration.
Article 18 Higher education shall be imparted by institutions
of higher learning and other institutions of higher education.
Universities and independently established colleges(schools) mainly
impart undergraduate and postgraduate education. Higher specialty
institutions impart specialty education. Scientific research institutes
may, subject to the approval of the department of education administration
under the State Council, undertake the task of postgraduate education.
Other institutions of higher education impart non-curricula higher
education.
Article 19 Graduates of senior secondary school education or those
with equivalent educational level shall, upon passing the examination,
be admitted by institutions of higher learning imparting corresponding
curricula education, and obtain the qualification for admission
as specialty students or undergraduate students.
Graduates of undergraduate course or those with equivalent educational
level shall, upon passing the examination, be admitted by institutions
of higher learning imparting corresponding curricula education or
scientific research institutes approved to undertake the task of
post graduate education and obtain the qualification for admission
as master's post graduate students.
Graduates of master's post graduate course or those with equivalent
educational level shall, upon passing the examination, be admitted
by institutions of higher learning imparting corresponding curricula
education or scientific research institutes approved to undertake
the task of post graduate education and obtain the qualification
for admission as doctoral post graduate students.
It shall be permissible for university graduates of specific disciplines
and specialties to directly obtain the qualification for admission
as doctoral postgraduate students. Specific measures shall be worked
out by the department of education administration under the State
Council.
Article 20 Students receiving higher curricula education shall
be issued corresponding certificates of educational background or
other certificates of studies by the institutions of higher learning
or scientific research institutes approved to undertake the task
of post graduate education they have been in on the basis of the
length of schooling and achievements in studies in accordance with
the relevant provisions of the state.
Students receiving non-curricula higher education shall be issued
corresponding certificates of completion of studies by the institutions
of higher learning or other institutions of higher education. Certificates
of completion of studies should carry length of schooling and contents
of studies.
Article 21 The state practices self-taught higher education examination
system.
Students having passed the examination shall be issued corresponding
certificates of educational background or other certificates of
studies.
Article 22 The state practices the academic degree system. The
degrees are divided into the bachelor's degree, the master's degree
and the doctor's degree.
Citizens whose educational level has reached the standards for degrees
set by the state through receiving higher education or self-study
may apply to degree-awarding units for corresponding degrees.
Article 23 Institutions of higher learning and other institutions
of higher education should, in accordance with the requirements
of society and their own conditions for running education, undertake
the work of imparting continuing education.
Chapter III Establishment of Institutions
of Higher Learning
Article 24 Establishment of an institution of higher learning
should conform to the state higher education development planning,
accord with state interests and public interest of society and must
not take profit making as the object.
Article 25 The basic conditions prescribed by the Education Law
should be met for the establishment of an institution of higher
learning.
A university or an independently established college(school) should
as well have strong teaching and scientific research staff, higher
teaching and scientific research level and corresponding scale and
be in a position to impart undergraduate and above-undergraduate
education. A university must also have more than three departments
of disciplines prescribed by the state as major disciplines.
Specific standards for the establishment of institutions of
higher learning shall be formulated by the State Council.
Specific standards for the establishment of other institutions
of higher education shall be formulated by the departments concerned
authorized by the State Council or people's governments of the provinces,
autonomous regions and municipalities directly under the Central
Government in accordance with the principles prescribed by the State
Council.
Article 26 Corresponding names should be used for the establishment
of institutions of higher learning in accordance with their respective
tiers, categories, departments of disciplines, scale, teaching and
scientific research levels.
Article 27 Whoever applies for the establishment of an institution
of higher learning should present the following materials to the
organ of examination and approval:
(1)a report on the application for the establishment;
(2)materials on feasibility authentication;
(3)articles of association; and
(4)other materials the presentation of which is required by the
organ of examination and approval pursuant to the provisions of
this Law.
Article 28 Articles of association of an institution of higher
learning should specify the following particulars:
(1)name and address of the institution;
(2)aims of establishment of the institution;
(3)scale of the institution;
(4)establishment of departments of disciplines;
(5)mode of education;
(6)internal administrative system;
(7)sources of funds, properties and financial rules;
(8)rights and obligations between the sponsor(s) and the institution;
(9)procedures for the revision of articles of association; and
(10)other matters that must be provided for by articles of association.
Article 29 Establishment of institutions of higher learning shall
be subject to the examination and approval of the department of
education administration under the State Council, among them establishment
of institutions of higher learning imparting specialty education
may be subject to the examination and approval of the people's governments
of the provinces, autonomous regions and municipalities directly
under the Central Government upon authorization by the State Council;
establishment of other institutions of higher education shall be
subject to the examination and approval of the departments concerned
authorized by the State Council or people's governments of the provinces,
autonomous regions and municipalities directly under the Central
Government. The department of education administration under the
State Council has the power to nullify the institutions of higher
learning and other institutions of higher education the establishment
of which have been examined and approved not conforming to the prescribed
conditions.
Evaluation and reviewing institution consisting of specialists
should be employed to conduct evaluation and review for the examination
and approval of the establishment of institutions of higher learning.
Separation, amalgamation and termination of institutions of higher
learning and other institutions of higher education, change in name
and category and other important matters shall be subject to the
examination and approval of the original examination and approval
organ; revision of articles of association shall be submitted to
the original examination and approval organ for verification and
approval.
Chapter IV Organization and Activities
of Institutions of Higher Learning
Article 30 An institution of higher learning obtains the qualification
of a legal entity as of the date of approval for its establishment.
The president of the institution of higher learning shall be the
legal representative of the institution of higher learning.
An institution of higher learning has civil rights in accordance
with law in civil activities and bears civil liability.
Article 31 Institutions of higher learning should carry out teaching,
scientific research and social services centering round training
talents to guarantee that educational and teaching quality reaches
standards prescribed by the state.
Article 32 Institutions of higher learning work out schemes for
admission and independently regulate the percentage of admission
for departments and disciplines in accordance with the requirements
and demand of society, conditions for running the institution and
scale of the institution verified by the state.
Article 33 Institutions of higher learning independently set up
and adjust disciplines and specialties.
Article 34 Institutions of higher learning independently work
out teaching plans, select and compile textbooks and organize activities
of imparting teaching in accordance with the requirements of teaching.
Article 35 Institutions of higher learning independently conduct
scientific research, technological development and social services
in the light of their own conditions.
The state encourages cooperation in diverse forms between institutions
of higher learning and enterprises, institutions, societies and
other social organizations in scientific research, technological
development and extension.
The state supports those institutions of higher learning where
conditions mature becoming state scientific research bases.
Article 36 Institutions of higher learning independently carry
out scientific, technological and cultural exchanges and cooperation
with foreign institutions of higher learning in accordance with
the relevant provisions of the state.
Article 37 Institutions of higher learning independently decide
on the setting up and personnel employment of such internal organizational
structures as teaching, scientific research and administrative functional
departments in the light of actual requirements and in accordance
with the principle of streamlining and efficiency; assess the positions
of teachers and other specialized technical personnel, adjust the
allocation of subsidies and salary in accordance with the relevant
provisions of the state.
Article 38 Institutions of higher learning independently administer
and use the property provided by the sponsor(s), state financial
subsidy and properties donated and granted in accordance with law.
Institutions of higher learning must not use the property for
teaching and scientific research activities for other purposes.
Article 39 The state-run institutions of higher learning practice
the president responsibility system under the leadership of the
grass-roots committees of the Chinese Communist Party in institutions
of higher learning. In accordance with the Constitution of the Chinese
Communist Party, the grass-roots committees of the Chinese Communist
Party in institutions of higher learning exercise unified leadership
over school work and support the presidents in independently and
responsibly discharging their duties, their responsibilities of
leadership are mainly as follows: to implement the line and policies
of the Chinese Communist Party, adhere to the socialist orientation
of running the institutions, exercise leadership over ideological
and political work and work related to morality in the institutions,
hold discussions and take decisions on the set-up of internal organizational
structures and candidates for the persons-in-charge of internal
organizational structures, hold discussions and take decisions on
such major matters as the reform, development and basic administrative
rules of the institutions to ensure the completion of various tasks
centered round training of talents.
Internal management system of institutions of higher learning
run by social forces shall be determined in accordance with the
provision of the state concerning running of schools by social forces.
Article 40 Presidency of institutions of higher learning shall
be taken up by citizens conforming to the qualifications for the
office prescribed by the Education Law.
Appointment and relief from duties of presidents and vice presidents
of institutions of higher learning shall be made pursuant to the
relevant provisions of the state.
Article 41 The president of an institution of higher learning
shall be fully responsible for the teaching, scientific research
and other administrative work of the respective institution and
exercise the following duties and powers:
(1)to draft development planning, formulate specific rules and
regulations and annual work plan and organize their implementation;
(2)to organize teaching activities, scientific research and ideological
and moral education;
(3)to draft schemes for the setting up of internal organizations,
recommend candidates for vice presidency, appoint and relieve persons-in
charge of internal organizations;
(4)to employ and dismiss teachers and other internal workers,
administer students' school roll and give rewards or impose penalties;
(5)to draft and implement annual fund budget proposal, protect
and manage school properties and safeguard the legitimate rights
and interests of the school; and
(6)other duties and powers provided for in the articles of association.
The president of an institution of higher learning chairs the
president's administrative meeting or the institution's administrative
meeting and handles the relevant matters prescribed in the preceding
paragraph.
Article 42 An institution of higher learning establishes an academic
committee for the review of such relevant academic matters as setting
up of disciplines and specialties, proposals of teaching plan and
scientific research plan, and evaluate achievements in teaching
and scientific research.
Article 43 Institutions of higher learning guarantee the participation
of teaching and administrative staff in democratic management and
supervision and safeguard the legitimate rights and interests of
teaching and administrative staff in accordance with law in the
organizational form of the conference of representatives of teaching
and administrative staff with teachers as the main body.
Article 44 Levels of running a school and educational quality
of institutions of higher learning shall be subject to the supervision
of departments of education administration and the evaluation organized
by them.
Chapter V Teachers and Other Educational
Workers of Institutions of Higher Learning
Article 45 Teachers and other educational workers of institutions
of higher learning have the rights prescribed by law, fulfill the
obligations prescribed by law and shall be faithful to the educational
cause of the people.
Article 46 Institutions of higher learning practice the teachers'
qualification system. Chinese citizens who abide by the Constitution
and laws, ardently love the educational cause, have good ideology
and moral character, have an educational background of graduation
of post graduate course or graduates of regular college course and
have corresponding educational and teaching capabilities may, upon
confirmation of being qualified, acquire the qualification of teachers
of institutions of higher learning. Those citizens without the educational
background of graduation of post graduate course or graduates of
regular college course who have acquired a specialty from study
and passed the state examination for teachers' qualification may
also, upon confirmation of being qualified, acquire the qualification
of teachers of institutions of higher learning.
Article 47 Institutions of higher learning practice the teachers'
position system.
Teachers'positions of institutions of higher learning shall be
set up in accordance with the requirements of the tasks in teaching,
scientific research undertaken by the institutions. Teachers' positions
include assistant, lecturer, associate professor and professor.
Teachers of institutions of higher learning should meet the following
basic conditions for acquiring the positions prescribed in the preceding
paragraph:
(1)one who has acquired the teacher's qualification for an institution
of higher learning;
(2)one who has a systematic mastery of the basic theory of the
respective discipline;
(3)one who has the educational and teaching capability and scientific
research capability of the corresponding position; and
(4)one who undertakes the courses and teaching task of prescribed
periods of the corresponding position.
Professors and associate professors should, in addition to having
the above basic conditions for taking up the position, also have
systematic and firm basic theory of the respective discipline and
rich experiences in teaching and scientific research, with remarkable
achievements in teaching, theses and works reaching high level or
has outstanding achievements in teaching and scientific research.
Specific conditions for taking up positions for the positions
of teachers of institutions of higher learning shall be prescribed
by the State Council.
Article 48 Institutions of higher learning practice the teachers'
employment system.
Teachers who have the qualification for taking up the position
upon evaluation shall be employed by institutions of higher learning
in accordance with the responsibilities, conditions and terms of
office of teachers' positions.
Employment of teachers of institutions of higher learning should
abide by the principle of mutual equality and voluntarism, and an
employment contract shall be signed by the president of an institution
of higher learning and the teacher who accepts the employment.
Article 49 Institutions of higher learning practice the educational
staff system for administrators. Institutions of higher learning
practice the specialty technical position employment system for
auxiliary teaching staff and other specialty technical staff.
Article 50 The state protects the legitimate rights and interests
of teachers and other educational workers of institutions of higher
learning, takes measures to improve the working conditions and living
conditions of teachers and other educational workers of institutions
of higher learning.
Article 51 Institutions of higher learning should provide facilities
for teachers' participation in training, conducting scientific research
and academic exchanges.
Institutions of higher learning should check up the ideological
and political performance, professional ethics, professional level
and actual achievements in work of teachers, administrators, auxiliary
teaching staff and other specialized technical personnel. Results
of the check-up shall constitute the basis of employment or dismissal,
promotion, rewards or penalties.
Article 52 Teachers, administrators and auxiliary teaching staff
as well as other specialized technical personnel of institutions
of higher learning should do their respective work well centering
around teaching and training of talents.
Chapter VI Students of Institutions of Higher
Learning
Article 53 Students of institutions of higher learning should
abide by laws and regulations, abide by students' code of conduct
and the institutions' various administrative rules, respect teachers,
study hard, strengthen their physique, foster ideas of patriotism,
collectivism and socialism, strive to learn Marxism-Leninism, Mao
Zedong Thought and Deng Xiaoping's Theory, have good ideological
morality and master high-level scientific and cultural knowledge
and specialized skills.
The legitimate rights and interests of students of institutions
of higher learning are protected by law.
Article 54 Students of institutions of higher learning should
pay a tuition fee in accordance with state provisions.
Students whose families are financially difficult may apply for
subsidy or reduction and exemption of the tuition fee.
Article 55 The state establishes scholarships and encourages
institutions of higher learning, enterprises and institutions, societies
as well other social organizations and individuals in the establishment
of scholarships of various forms in accordance with relevant state
provisions, and give rewards to students of good character and scholarship,
students of the specialties prescribed by the state and students
who go to work in regions determined by the state.
The state establishes the fund and loans for work-study programs
for students of institutions of higher learning, and encourages
institutions of higher learning, enterprises and institutions, societies
as well as other social organizations and individuals in the establishment
of various forms of grants-in-aid to provide assistance for students
whose families are financially difficult.
Students who obtain loans and grants-in-aid should fulfill corresponding
obligations.
Article 56 Students of institutions of higher learning may participate
in after-school social services and work-study activities, however
these must not adversely affect the completion of tasks of schoolwork.
Institutions of higher learning should encourage and support
students' social services and work-study activities and provide
guidance and administration.
Article 57 Students of institutions of higher learning may organize
students' societies within the institutions. Students' societies
carry out activities within the scope prescribed by regulations
and shall be subject to the leadership and administration of the
institutions.
Article 58 Students of institutions of higher learning who qualify
in ideology and moral character, complete the prescribed courses
within the prescribed length of schooling and are up to standard
in results or study and obtain corresponding credits shall be permitted
to graduate.
Article 59 Institutions of higher learning should provide employment
guidance and services for graduates and students who have completed
the courses.
The state encourages graduates of institutions of higher learning
to work in border regions, remote areas and difficult areas.
Chapter VII Guarantee for Input and Conditions
of Higher Education
Article 60 The state establishes the system of financial allocation
as the main source to be supplemented by raising funds for higher
education through various other channels to make the development
of the cause of higher education to be commensurate with the level
of economic and social development.
The State Council and people's governments of the provinces,
autonomous regions and municipalities directly under the Central
Government ensure gradual increase in funds for state-run higher
education pursuant to the provisions of Article 55 of the Education
Law.
The state encourages enterprises and institutions, societies
as well as other social organizations and individuals to provide
input into higher education.
Article 61 Sponsors of institutions of higher learning should
guarantee the stable source(s) of funds for running a school and
must not withdraw the funds he/she/they put in running the school.
Article 62 The department of education administration under the
State Council provides in conjunction with the other departments
concerned under the State Council for the standards for expenditures
of funds and the basic principles of fund-raising of institutions
of higher learning on the basis of per capita annual educational
cost of students in school; the departments of education administration
of people's governments of the provinces, autonomous regions and
municipalities directly under the Central Government formulate in
conjunction with the departments concerned standards for annual
expenditure of funds and measures for fund-raising of institutions
of higher learning within the respective administrative areas to
form the basic basis for sponsors and institutions of higher learning
in raising funds for running the school.
Article 63 The state adopts a preferential policy with regard
to the import of books and materials and equipment for teaching
and scientific research as well as school-run industries by institutions
of higher learning. Returns from industries run by institutions
of higher learning or transfer of intellectual property rights as
well as other scientific and technological achievements shall be
used by institutions of higher learning for running the school.
Article 64 Tuition fee collected by institutions of higher learning
should be administered and used pursuant to relevant state provisions,
any other organization or individual must not use it for other purposes.
Article 65 Institutions of higher learning should establish and
perfect financial management rules in accordance with law, rationally
use and strictly control the educational funds and improve the performance
of educational investment.
Financial activities of institutions of higher learning should
be subject to supervision in accordance with law.
Chapter VIII Supplementary Provisions
Article 66 Penalties shall be imposed pursuant to the relevant
provisions of the Education Law for activities of higher education
in violation of the provisions of the Education Law.
Article 67 Individuals outside the territory of China who meet
the conditions prescribed by the state and have gone through relevant
formalities may enter institutions of higher learning in China for
study, research and academic exchanges or teaching, their legitimate
rights and interests shall be protected by the state.
Article 68 The institutions of higher learning referred to in
this Law mean universities, independently established colleges(schools)
and institutions of higher learning for specialties, including among
them vocational higher schools and institutions of higher learning
for adults.
Other institutions of higher education referred to in this Law
mean organizations engaging in activities of higher education other
than institutions of higher learning and the scientific research
institutes approved to undertake the educational task of postgraduates.
Provisions concerning institutions of higher learning of this
Law shall be applicable to other institutions of higher education
and the scientific research institutes approved to undertake the
educational task of postgraduates, however the provisions specifically
applicable to institutions of higher learning are excluded.
Article 69 This Law shall come into effect as of January 1,1999.
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