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Laws of the People's Republic of China |
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| Category | EDUCATION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1998-08-29 | Effective Date | 1999-01-01 |
|
Higher Education Law of the People's Republic of China |
|---|
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 Article 1 This Law is enacted in accordance with the Constitution 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 Article 3 The state adheres to the development of the cause of socialist Article 4 Higher education must implement the educational policy of the Article 5 The task of higher education is to train senior specialized Article 6 The state formulates higher education development planning, The state encourages such social forces as enterprises, institutions, Article 7 The state presses ahead the reform of the higher education Article 8 The state assists and supports minority natinality regions Article 9 Citizens have the right to higher education according to law. The state adopts measures to assist students of minority nationalities Institutions of higher learning must admit disabled students who meet Article 10 The state safeguards the freedom of scientific research, Scientific research, literary and artistic creations and other cultural Article 11 Institutions of higher learning should be geared to the needs Article 12 The state encourages cooperation among institutions of higher The state encourages and supports international exchanges and cooperation Article 13 The State Council uniformly leads and administers the cause People's governments of the provinces, autonomous regions and Article 14 The department of education administration under the Article 15 Higher education consists of curricula education and Higher education adopts the educational forms of full-time system The state supports the adoption of broadcast, television, correspondence Article 16 Higher curricula education is divided into specialty Higher curricula education should meet the following standards for (1)specialty education should enable students to master the basic (2)undergraduate education should enable students to systematically (3)master's post graduate education should enable students to master firm Article 17 The basic length of schooling for specialty education Article 18 Higher education shall be imparted by institutions of higher Universities and independently established colleges(schools) mainly Other institutions of higher education impart non-curricula higher Article 19 Graduates of senior secondary school education or those Graduates of undergraduate course or those with equivalent educational Graduates of master's post graduate course or those with equivalent It shall be permissible for university graduates of specific Article 20 Students receiving higher curricula education shall be Students receiving non-curricula higher education shall be issued Article 21 The state practises self-taught higher education examination Article 22 The state practises the academic degree system. The degrees Citizens whose educational level has reached the standards for degrees Article 23 Institutions of higher learning and other institutions of higher education should, in accordance with the requirements
of society and Article 24 Establishment of an institution of higher learning should Article 25 The basic conditions prescribed by the Education Law A university or an independently established college(school) should as Specific standards for the establishment of other institutions of higher education shall be formulated by
the departments concerned authorized Article 26 Corresponding names should be used for the establishment of institutions of higher learning in accordance with thier
respective tiers, 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 Article 28 Articles of association of an institution of higher learning (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 Evaluation and reviewing institution consisting of specialists should Separation, amalgamation and termination of institutions of higher Article 30 An institution of higher learning obtains the qualification An institution of higher learning has civil rights in accordance with Article 31 Institutions of higher learning should carry out teaching, Article 32 Institutions of higher learning work out schemes for Article 33 Institutions of higher learning independently set up and Article 34 Institutions of higher learning independently work out Article 35 Institutions of higher learning independently conduct The state encourages cooperation in diverse forms between institutions The state supports those institutions of higher learning where conditions Article 36 Institutions of higher learning independently carry out Article 37 Institutions of higher learning independently decide on Article 38 Institutions of higher learning independently administer Institutions of higher learning must not use the property for teaching Article 39 The state-run institutions of higher learning practise the Internal management system of institutions of higher learning run by Article 40 Presidency of institutions of higher learning shall be Article 41 The president of an institution of higher learning shall (1)to draft development planning, formulate specific rules and (2)to organize teaching activities, scientific research and ideological (3)to draft schemes for the setting up of internal organizations, (4)to employ and dismiss teachers and other internal workers, (5)to draft and implement annual fund budget proposal, protect 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 Article 42 An institution of higher learning establishes an academic Article 43 Institutions of higher learning guarantee the participation 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. Article 45 Teachers and other educational workers of institutions of higher learning have the rights prescribed by law, fulfil the
obligations Article 46 Institutions of higher learning practise the teachers' Article 47 Institutions of higher learning practise the teachers' Teachers of institutions of higher learning should meet the following (1)one who has acquired the teacher's qualification for an institution (2)one who has a systematic mastery of the basic theory of the (3)one who has the educational and teaching capability and scientific (4)one who undertakes the courses and teaching task of prescribed Professors and associate professors should, in addition to having the Specific conditions for taking up positions for the positions of teachers Article 48 Institutions of higher learning practise the teachers' Employment of teachers of institutions of higher learning should abide Article 49 Institutions of higher learning practise the educational Article 50 The state protects the legitimate rights and interests of teachers and other educational workers of institutions of higher
learning, Article 51 Institutions of higher learning should provide facilities Article 52 Teachers, administrators and auxillary teaching staff as Article 53 Students of institutions of higher learning should abide by The legitimate rights and interests of students of institutions of higher Article 54 Students of institutions of higher learning should pay a Students whose families are financially diffiicult may apply for subsidy Article 55 The state establishes scholarships and encourages The state establishes the fund and loans for work-study programs for Students who obtain loans and grants-in-aid should fulfil corresponding Article 56 Students of institutions of higher learning may participate Institutions of higher learning should encourage and support students' Article 57 Students of institutions of higher learning may organize Article 58 Students of institutions of higher learning who qualify Article 59 Institutions of higher learning should provide employment The state encourages graduates of institutions of higher learning to Article 60 The state establishes the system of financial allocation The State Council and people's governments of the provinces, autonomous The state encourages enterprises and institutions, societies as well as Article 61 Sponsors of institutions of higher learning should Article 62 The department of education administration under the State Artile 63 The state adopts a preferntial policy with regard to the Article 64 Tuition fee collected by institutions of higher learning Article 65 Institutions of higher learning should establish and Financial activities of institutions of higher learning should be Article 66 Penalties shall be imposed pursuant to the relevant Article 67 Individuals outside the territory of China who meet the Article 68 The institutions of higher learning referred to in this Law Other institutions of higher education referred to in this Law mean Provisions concerning institutions of higher learning of this Law Article 69 This Law shall come into effect as of January 1, 1999.
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Chapter I General Provisions
and the Education Law for the purposes of developing the cause of higher
education, implementary the strategy of reinvigorating the country through
science and education and promoting the building of socialist material
civilization and spiritual civilization.
on the basis of completion of senior secondary school education.
higher education with Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping's
Theory as guidance following the basic principles defined by the Constitution.
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.
talents with innovative spirit and practical capability, develop science,
technology and culture and promote socialist modernization.
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.
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.
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.
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.
and students with financial difficulties to receive higher education.
the admission standards set by the state and must not refuse to admit them
for their disabilities.
literary and artistic creations and other cultural activities in institutions
of higher learning according to law.
activities in institutions of higher learning should abide by law.
of society, run independently and practise democratic management in accordance
with law.
learning, between institutions of higher learning and scientific research
institutes as well as enterprises and institutions to be mutually
supplementary with each's own advantages and improve the performance
in the employment of educational resources.
for the cause of higher education.
of higher education nationwide.
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.
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 responsibilites prescribed
by the State Council.
Chapter II Basic System of Higher Education
non-curricula education.
and non-full-time system.
and other modes of distance education to impart higher education.
education, undergraduate education and post graduate education.
school work:
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;
master the basic theory and basic knowledge necessary for the respective
discipline and specialty, master the basic skills, techniques and related
knowhow necessary for the respective specialty and acquire initial capability
for the practical work and research work of the respective specialty; and
basic theory of the respective discipline, systematic specialty knowledge,
master corresponding skills, techniques and related knowhow, 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 corresspsonding skills and techniques, and acquire capabilities
for independent creative scientific research work and practical work of the
respective discipline.
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.
learning and other institutions of higher education.
impart undergraduate and post graduate 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 post graduate education.
education.
with equivalent educational level shall, upon passing the examination,
be admitted by institutions of higher learning imparting corressponding
curricula education, and obtain the qualification for admission as
specialty students or undergraduate students.
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 grduate education
and obtain the qualification for admission as master's post graduate students.
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.
disciplines and specialties to directly obtain the qualification for
admission as doctoral post graduate students. Specific measures shall be
worked out by the department of education administration under the State
Council.
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.
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.
system. Students having passed the examination shall be issued corresponding
certificates of educational background or other certificates of studies.
are divided into the bachelor's degree, the master's degree and the doctor's
degree.
set by the state through receiving higher education or self-study may apply
to degree-awarding units for corresponding degrees.
their own conditions for running education, undertake the work of imparting
continuing education.
Chapter III Establishment of Institutions of Higher Learning
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.
should be met for the establishment of an institution of higher learning.
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.
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.
categories, departments of disciplines, scale, teaching and scientific
research levels.
of examination and approval pursuant to the provisions of this Law.
should specifiy the following particulars:
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 examaianed and approved not conforming
to the prescribed conditions.
be employed to conduct evaluation and review for the examination and approval
of the establishment of institutions of higher learning.
learning and other institutions of higher education, change in name and
category and other important matters shall be subject to the examaination
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
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.
law in civil activities and bears civil liability.
scientific research and social services centering round training talents
to guarantee that educational and teaching quality reaches standards
prescribed by the state.
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.
adjust disciplines and specialties.
teaching plans, select and compile textbooks and organize activities of imparting teaching in accordance with the requirements of
teaching.
scientific research, technological development and social services in
the light of their own conditions.
of higher learning and enterprises, institutions, societies and other
social organizations in scientific research, technological development
and extension.
mature becoming state scientific research bases.
scientific, technological and cultural exchanges and cooperation with
foreign institutions of higher learning in accordance with the relevant
provisions of the state.
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.
and use the property provided by the sponsor(s), state financial subsidy
and properties donated and granted in accordance with law.
and scientific research activities for other purposes.
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 instituions 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.
social forces shall be determined in accordance with the provision of the
state concerning running of schools by social forces.
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.
be fully responsible for the teaching, scientific research and other
administrative work of the respective institution and exercise the
following duties and powers:
regulations and annual work plan and organize their implementation;
and moral education;
recommend candidates for vice presidency, appoint and relieve persons-in-
charge of internal organizations;
administer students' school roll and give rewards or impose penalties;
manage school properties and safeguard the legitimate rights and interests
of the school; and
administrative meeting or the institution's administrative meeting and
handles the relevant matters prescribed in the preceding paragraph.
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 researh.
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.
Chapter V Teachers and Other Educational Workers of Institutions of
Higher Learning
prescribed by law and shall be faithful to the educational cause of the
people.
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 examaination for teachers'
qualification may also, upon confirmation of being qualified, acquire the
qualification of teachers of institutions of higher learning.
postion 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.
basic conditions for acquiring the positions prescribed in the preceding
paragraph:
of higher learning;
respective discipline;
research capability of the corresponding position; and
periods of the corresponding position.
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.
of institutions of higher learning shall be prescribed by the State Council.
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.
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.
staff system for administrators. Institutions of higher learning practise
the specialty technical position employment system for auxillary teaching
staff and other specialty technical staff.
takes measures to improve the working conditions and living conditions of teachers and other educational workers of institutions
of higher learning.
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, auxillary
teaching staff and other specialized technical personnel. Results of the
check-up shall constitute the basis of employment or dismissal, promotion,
rewards or penalties.
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
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 patriotiem, collectivism and socialism, strive
to learn Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping's Theory,
have good ideological morality and master high-level acientific and cultural
knowledge and specialized skills.
learning are protected by law.
tuition fee in accordance with state provisions.
or reduction and exemption of the tuition fee.
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.
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.
obligations.
in after-school social services and work-study activities, however these
must not adversely affect the completion of tasks of school work.
social services and work-study activities and provide guidance and
administration.
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.
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.
guidance and services for graduates and students who have completed the
courses.
work in border regions, remote areas and difficult areas.
Chapter VII Guarantee for Input and Conditions of Higher Education
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 commesurate with the level of economic
and social
development.
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.
other social organizations and individuals to provide input into higher
education.
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.
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.
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.
should be administered and used pursuant to relevant state provisions,
any other organization or individual must not use it for other purposes.
perfect financial management rules in accordance with law, rationally use
and strictly control the educational funds and improve the performance of
educational investment.
subject to supervision in accordance with law.
Chapter VIII Supplementary Provisions
provisions of the Education Law for activities of higher education in
violation of the provisions of the Education Law.
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.
mean universities, independently established colleges(schools) and
institutions of higher learning for speccialties, including among them
vocational higher schools and institutions of higher learning for adults.
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 post graduates.
shall be applicable to other institutions of higher education and the
scientific research institutes approved to undertake the educational
task of post graduates, however the provisions specifically applicable to
institutions of higher learning are excluded.
URL: http://www.asianlii.org/cn/legis/cen/laws/hel165