|
(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. |