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Vocational Education Law of the People's Republic of China
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(Adopted at the 19th Meeting of the Standing Committee
of the Eighth National People's Congress on May 15, 1996, promulgated
by Order No.69 of the President of the People's Republic of China
on May 15, 1996)
Contents
¡¡¡¡Chapter I General Provisions
¡¡¡¡Chapter II The System of Vocational Education
¡¡¡¡Chapter III The Implementation of Vocational Education
¡¡¡¡Chapter IV The Guarantee of Vocational Education
¡¡¡¡Chapter V Supplementary Provisions
Chapter I General Provisions
¡¡¡¡Article 1 With a view to implementing the strategy of rejuvenating
China through science and education, developing vocational education,
enhancing the quality of laborers and promoting the construction
of the socialist modernization, this Law is hereby enacted in accordance
with the Education Law and the Labor Law.
¡¡¡¡Article 2 This Law shall apply to various vocational school education
at various levels and vocational training in various forms. Special
training conducted by state organs for their personnel shall be
prescribed separately by laws and regulations.
¡¡¡¡Article 3 Vocational education is an important part of educational
undertakings of the state and an important way to promote the economic
and social development and the employment.
¡¡¡¡The state shall develop the vocational education, push the vocational
education reform, raise the quality of vocational education, establish
and improve a vocational education system that keeps abreast of
the market economy and social progress.
¡¡¡¡Article 4 Vocational education shall follow the state's educational
policy, giving the education receivers education on ideology, politics
and vocational ethics, teaching vocational knowledge, developing
vocational technical abilities, conducting vocational directions
and raising the quality of the education receivers in an all-round
way.
¡¡¡¡Article 5 Citizens shall have the right to receive vocational
education.
¡¡¡¡Article 6 People's governments at various levels shall incorporate
the development of vocational education into the planning of the
national economy and social development.
Trade associations, enterprises and institutional organizations
shall perform their duties to carry out vocational education in
accordance with law.
¡¡¡¡Article 7 The state shall adopt measures to develop rural vocational
education and support the minority nationality regions, remote border
areas and poverty-stricken areas to develop their vocational education.
¡¡¡¡The state shall adopt measures to assist women in receiving vocational
education, organize the unemployed to receive vocational education
in various forms and give aid to the development of the vocational
education for disabled people.
¡¡¡¡Article 8 Vocational education shall, in the light of actual needs
and according to the vocational categories and vocational grade
standards, adopt systems of academic credentials, training certifications
and vocational credentials.
¡¡¡¡The state shall adopt a system under which workers shall receive
necessary vocational education before taking up occupations or going
to their posts.
¡¡¡¡Article 9 The state shall encourage and organize scientific research
in vocational education.
¡¡¡¡Article 10 The state shall give rewards to organizations and individuals
who have made remarkable achievements in the work of vocational
education.
¡¡¡¡Article 11 The education administrative department of the State
Council shall be responsible for the overall planning, comprehensive
coordination of and macro control of vocational education.
¡¡¡¡The education administrative department, the labor administrative
department and other relevant departments of the State Council shall,
within the scope of their functions and duties prescribed by the
State Council, be respectively responsible for relevant work of
vocational education.
¡¡¡¡Local People's governments at county level and above shall strengthen
the leadership, overall coordination, supervision, direction and
assessment with regard to the work of vocational education in their
own administrative regions.
Chapter II The System of Vocational Education
¡¡¡¡Article 12 The state shall, in accordance with the economic development
level and the situation of universal education of various regions,
implement the educational division at different stages mainly after
junior middle school, institute and improve a vocational education
system under which vocational education and vocational training
shall be developed concurrently and vocational education shall be
connected with other education with coordinate development of both.
¡¡¡¡Article 13 Vocational school education includes primary, secondary
and higher vocational school education.
¡¡¡¡Primary and secondary vocational school education shall be carried
out respectively by primary and secondary vocational schools. Higher
vocational school education shall, in accordance with the actual
needs and conditions, be undertaken by higher vocational school
or by common institutions of higher learning. Other schools may,
in accordance with the overall planning by the education administrative
department, implement vocational school education at corresponding
levels.
¡¡¡¡Article 14 Vocational training includes training before employment,
training for armymen¡¡transferred to civilian work, training for
apprentices, on-the-job training, transfer training and other training
of vocational nature. Vocational training may, according to the
actual situation, be classified as primary, secondary or higher
vocational training.
¡¡¡¡Vocational training shall be respectively undertaken by corresponding
vocational training institutions and vocational schools.
¡¡¡¡Other schools and educational institutions may, according to their
educational capacity, develop various vocational training to meet
the needs of the society.
¡¡¡¡Article 15 In addition to the educational institutions for disabled
people which shall give vocational education to disabled people,
vocational schools, vocational training institutions and other educational
institutions at various levels and of various types shall, in accordance
with relevant provisions of the state, admit disabled students and
give them vocational education.
¡¡¡¡Article 16 Common middle schools may, in line with local conditions,
open vocational education courses or, in accordance with the actual
needs, appropriately increase the contents of vocational education
in teaching.
Chapter III The Implementation of Vocational
Education
¡¡¡¡Article 17 Local People's governments at county level and above
shall sponsor vocational schools and vocational training institutions
and make them as mainstays and examples, give guidance and support
to vocational schools and vocational training institutions held
in accordance with law in rural areas or by enterprises, institutional
organizations, social organizations, other social groups or citizens.
¡¡¡¡Article 18 People's governments at county level shall, in accordance
with the need of overall and coordinate development of rural economy,
agricultural science, technology and rural education, conduct vocational
education in various forms, develop training of practical technology
and promote the development of rural vocational education.
¡¡¡¡Article 19 The competent departments of the governments and trade
associations shall jointly sponsor or sponsor on their own vocational
schools and vocational training institutions, organize, coordinate
and direct the enterprises and institutional organizations of their
own sector or trade in running vocational schools and vocational
training institutions.
¡¡¡¡Using modern teaching methods to develop vocational education
shall be encouraged by the state.
¡¡¡¡Article 20 Enterprises shall, in accordance with their actual
situation, give vocational education in a planned way to their staff
and workers and persons to be employed.
¡¡¡¡Enterprises may jointly run or run on their own vocational schools
and vocational training institutions, they may also entrust vocational
schools or vocational training institutions with the vocational
education of their staff and workers or persons to be employed by
them.
¡¡¡¡Staff and workers engaging in technical work must receive proper
training before going to their posts. Staff and workers engaging
in special work must receive relevant training and obtain qualifications
for the special work.
¡¡¡¡Article 21 The state encourages institutional organizations, social
organizations, other social groups and citizens to run vocational
schools and vocational training institutions in accordance with
relevant provisions of the state.
¡¡¡¡Procedures for sponsorship of vocational schools and vocational
training institutions in China by organizations or individuals from
abroad shall be formulated by the State Council.
¡¡¡¡Article 22 For jointly sponsoring a vocational school or vocational
training institution, the sponsors shall conclude a contract for
the joint sponsorship.
¡¡¡¡Where a competent department of the government, trade association,
enterprise or institutional organization entrusts a vocational school
or vocational training institution with vocational education, a
contract shall be concluded for the entrustment.
¡¡¡¡Article 23 In conducting vocational education, vocational schools
and vocational training institutions shall combine education with
practice, serve the local economic construction, maintain close
ties with enterprises and train practical personnel and skilled
workers.
¡¡¡¡Vocational schools and vocational training institutions may run
enterprises and training places regarding the vocational education.
¡¡¡¡Article 24 For establishment of a vocational school, the following
basic conditions must be satisfied:
¡¡¡¡(1) Have its organizational structure and constitution;
¡¡¡¡(2) Have qualified teachers;
¡¡¡¡(3) Have teaching places which accord with the prescribed standards,
and facilities and equipment suitable for the vocational education;
and
¡¡¡¡(4) Have necessary funds for running the school and stable sources
of the funds.
¡¡¡¡The following basic conditions must be satisfied for the establishment
of a vocational training institution:
¡¡¡¡(1) Have its organizational structure and management system;
¡¡¡¡(2) Have teachers and management personnel suited to the training
tasks;
¡¡¡¡(3) Have necessary places, facilities and equipment for the conduct
of training; and
¡¡¡¡(4) Have necessary funds.
¡¡¡¡The establishment, changes and termination of vocational schools
and vocational training institutions shall be conducted in accordance
with relevant provisions of the state.
¡¡¡¡Article 25 Students receiving education from vocational schools
shall, after passing the examination of the school, be issued academic
credentials in accordance with relevant provisions of the state.
Students receiving vocational training shall, after passing the
examination of the vocational schools or vocational training institutions
which give the training, be issued training certifications in accordance
with relevant provisions of the state.
¡¡¡¡Academic credentials and training certifications shall, in accordance
with relevant provisions of the state, be used as certifications
of graduates and trainees of vocational schools and vocational training
institutions when them are employed.
Chapter IV The Guarantee of Vocational Education
¡¡¡¡Article 26 The state encourages raising funds from various channels
according to law for the development of vocational education.
¡¡¡¡Article 27 People's governments of various provinces, autonomous
regions and municipalities directly under the central government
shall determine the average financial standard per student of vocational
schools in their administrative regions; relevant departments of
the State Council shall, in conjunction with the financial department
of the State Council, determine the average financial standard per
student of vocational schools under the departments. Sponsors of
vocational schools shall, in accordance with the average financial
standards per student, appropriate in full the vocational education
funds.
¡¡¡¡People's governments at various levels and relevant departments
of the State Council shall increase step by step the financial allocations
for vocational schools and
vocational training institutions.
¡¡¡¡No organization or individual may embezzle or pocket a portion
of funds for vocational education.
¡¡¡¡Article 28 Enterprises shall bear the expenses for vocational
education given to their staff and workers and persons to be employed
by them. The concrete measures shall be formulated according to
law by relevant departments of the State Council together with the
finical department of the State Council or by People's governments
of provinces, autonomous regions or municipalities directly under
the central government.
¡¡¡¡Article 29 If any enterprise fails to conduct vocational education
in accordance with
Article 20 of this Law, the local People's government at county
level or above shall order it to make correction; if the enterprise
refuses to make correction, the vocational education funds that
the enterprise should bear may be collected, and such funds shall
be used for the local vocational education.
¡¡¡¡Article 30 People's governments of provinces, autonomous regions
and municipalities directly under the central government may set
aside a special sum or arrange a portion for vocational education
from the local extra charges they have decided to collect for education
in accordance with relevant provisions of the Education Law.
¡¡¡¡Article 31 People's governments at various levels may appropriate
proper amounts for rural vocational training from the funds for
developing agricultural science and technology or for spreading
the technology.
¡¡¡¡Article 32 Vocational schools and vocational training institutions
may charge tuition fees from students receiving secondary or higher
vocational school education or vocational training, but students
with financial difficulties and disabled students shall enjoy a
partial or total tuition waiver. The measures for collection of
tuition shall be formulated by People's governments of provinces,
autonomous regions and municipalities directly under the central
government.
¡¡¡¡The state encourages enterprises, institutional organizations,
social organizations, other social groups and citizens to establish,
in accordance with relevant provisions of the state, scholarship
and loans for vocational education to give rewards to students getting
excellent marks in studies or to aid students with financial difficulties.
¡¡¡¡Article 33 Incomes received from the running of enterprises and
provision of social service by vocational schools and vocational
training institutions shall be mainly used to develop vocational
education.
¡¡¡¡Article 34 The state encourages financial institutions to support
and develop vocational education by applying the way of credit.
¡¡¡¡Article 35 The state encourages enterprises, institutional organizations,
social organizations, other social groups and citizens to donate
to vocational education, encourages organizations and individuals
from abroad to give financial aid or make donations to vocational
education. The aid and donation offered must be used in vocational
education.
¡¡¡¡Article 36 People's governments at county level and above and
relevant departments shall incorporate the training of vocational
education teachers into the planning of construction of contingent
of teachers, so as to ensure that the contingent of vocational education
teachers can meet the needs of the development of vocational education.
¡¡¡¡Vocational schools and vocational training institutions may engage
specialized technical persons, persons with special technical ability
and teachers of other educational institutions as part-time teachers.
The relevant departments and units shall give convenience.
¡¡¡¡Article 37 Relevant departments of the State Council, local People's
governments at county level and above and the organizations and
citizens running vocational schools and vocational training institutions
shall strengthen the construction of productive and training bases
for vocational education.
¡¡¡¡Enterprises and institutional organizations shall accept students
and teachers from vocational schools and vocational training institutions
to do practice; those doing practice on certain posts shall be paid
properly.
¡¡¡¡Article 38 People's governments at county level and above and
relevant departments shall establish and improve a service system
for vocational education and strengthen the work of edition, publishing
and distribution of teaching materials for vocational education.
Chapter V Supplementary Provisions
¡¡¡¡Article 39 Those violating provisions of the Education Law in
vocational education activities shall be punished in accordance
with relevant provisions of the Education Law.
¡¡¡¡Article 40 This Law shall enter into force on September 1, 1996.
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