Higher Education Law of the People's Republic of China

(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.

 





































































































[source:ebeijing.gov.cn]