(Adopted at the 3rd Session of the Eighth National People's Congress on March 18, 1995; amended for the first time according to the Decision on Amending Some Laws as adopted at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time according to the Decision of the Standing Committee of the National People's Congress on Amending the Education Law of the People's Republic of China as adopted at the 18th Session of the Standing Committee of the 12th National People's Congress on December 27, 2015; and amended for the third time according to the Decision of the Standing Committee of the National People's Congress on Amending the Education Law of the People's Republic of China as adopted at the 28th Session of the Standing Committee of the 13th National People's Congress on April 29, 2021)
Contents
Chapter I General Provisions
Chapter II Basic System of Education
Chapter III School and Other Institutions of Education
Chapter IV Teachers and Other Educators
Chapter V Educatees
Chapter VI Education and Society
Chapter VII Educational Input and Guarantee of Conditions
Chapter VIII Foreign Exchange and Cooperation In Education
Chapter IX Legal Responsibility
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 With a view to developing educational undertakings, improving the quality of the whole nationality, accelerating the construction of the socialist material and spiritual civilization and in accordance with the Constitution of the People’s Republic of China, the present Law is hereby formulated.
Article 2 The present Law shall be applicable to all kinds of education at all levels within the territory of the People’s Republic of China.
Article 3 In developing the undertaking of socialist education, the State shall adhere to the leadership of the Communist Party of China, follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Important Thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and follow the basic principles set out in the Constitution of the People's Republic of China.
Article 4 Education is the basis of the socialist modernization drive and is of decisive significance to improving the people's overall quality, promoting the people's all-around development, enhancing the innovative and creative vitality of the Chinese nation, and realizing the great rejuvenation of the Chinese nation.The State gives priority to the development of the educational undertaking.
The entire society shall show concern for and give support to the development of educational undertakings.
The entire society shall respect teachers.
Article 5 Education must serve the socialist modernization drive and the people, be integrated with productive labor and social practices, and cultivate socialist builders and successors who are fully developed in morals, intelligence, physical fitness, aesthetics, and labor education.
Article 6 Education shall be always based on the established moral values, the education on the core values of socialism shall be strengthened, and the sense of social responsibility, the spirit of innovation, and the practical capability of educatees shall be heightened.
The State shall provide education on patriotism, collectivism, and socialism with Chinese characteristics among educatees, as well as ideals, ethics, discipline, rule of law, national defense, and national unity.
Article 7 Education shall be carried out in the spirit of inheriting and expanding the fine historical and cultural traditions of the Chinese nation and assimilating all the fine achievements of the civilization progress of human beings.
Article 8 Education activities shall be in the benefit of public interests of the state and the society.
The state shall separate education from religion. Any organization or individual may not employ religion to obstruct activities of the state education system.
Article 9 Citizens of the People’s Republic of China shall have the right and duty to be educated.
Citizens shall enjoy equal opportunity of education regardless of their ethnic community, race, sex, occupation, property or religious belief etc.
Article 10 The state shall help all ethnic minority regions develop educational undertakings in light of the characteristics and requirements of different ethnic minority groups.
The state shall support the development of educational undertakings in remote border areas and poverty-stricken areas.
The state shall support the development of educational undertakings for disabled people.
Article 11 The State shall fit in with the needs of the development of the socialist market economy and the social advancement, promote educational reforms, boost the coordinated development, connection, and integration of education at various levels and of various types, improve the modern national education system and the life-long education system, and enhance the modernization of education.
The State shall take measures to advance educational equality and promote the balanced development of education.
The State supports, encourages, and organizes scientific research in education, and disseminates the achievements of scientific research in education so as to enhance the quality of education.
Article 12 The standard spoken and written Chinese language shall be the basic language used by schools and other institutions of education in education and teaching, and schools and other institutions of education shall use standard spoken and written Chinese language in education and teaching.
Schools and other institutions of education dominated by ethnic minority students in ethnic autonomous areas shall, according to the actual circumstances, use the standard spoken and written Chinese language and the spoken and written language of their respective ethnic community or commonly used by the local ethnic groups to implement bilingual education.
The State shall take measures to facilitate and support the implementation of bilingual education in schools and other institutions of education dominated by ethnic minority students.
Article 13 The state shall offer awards to those organizations and individuals who have made distinguished contributions to the development of educational undertakings.
Article 14 The State Council and all local People’s government at different levels shall supervise and manage the educational work according to the principle of management by different levels and division of labour with individual responsibility.
Secondary and lower education shall be managed by the local People’s government under the leadership of the State Council.
Higher education shall be managed by the State Council and the People’s government of province, autonomous region or municipality directly under the central government.
Article 15 The department of the State Council in charge of educational administration shall be responsible for the educational works of the whole country, make overall plans and coordinate the management of educational undertakings of the whole country.
The departments in charge of educational administration under the local People’s government at and above the county level shall be responsible for the educational works within the jurisdiction of the respective administrative region.
Other relevant departments of the People’s government at and above the county level shall be responsible for relevant educational works within their terms of reference.
Article 16 The State Council and the local People’s government at and above the county level shall report to the People’s congress at the respective level or its standing committee on educational works, budgets and financial accounts of educational expenditures and submit to their supervision.
Chapter II Basic System of Education
Article 17 The state shall adopt a school education system including infant school education, primary education, secondary education and higher education.
The state shall establish scientific school system. Regulations in regard to institution of schools and other educational institutions within the school system, forms of education, length of schooling, admissions requirements and educational objectives shall be formulated by the State Council or the departments in charge of educational administration so authorized by the State Council.
Article 18 The State shall develop the standards for pre-school education, accelerate the popularization of pre-school education, and establish a pre-school education public service system covering both urban and rural areas, especially the countryside.
The people's governments at all levels shall take measures to facilitate and support the pre-school education received by children below the school age.
Article 19 The State applies a system of nine-year compulsory education.
The people's governments at all levels shall take various measures to guarantee school-age children and adolescents' access to education.
Parents or other guardians of school-age children and adolescents as well as social organizations and individuals concerned shall have the obligation to ensure that school-age children and adolescents receive and complete compulsory education for the prescribed number of years.
Article 20 The State applies a system of vocational education and a system of continuing education.
The people's governments at all levels, relevant administrative departments, industry associations, enterprises, and public institutions shall take measures to develop and guarantee that citizens receive education in vocational schools or different forms of vocational training.
The State encourages the development of varied forms of continuing education so that citizens receive appropriate forms of education in politics, economics, culture, science, technology, profession, and other respects, advance the mutual recognition and connection of learning outcomes of various types, and promote life-long learning among the whole people.
Article 21 The State applies a national education examination system.
The administrative department of education under the State Council shall determine the types of national education examinations undertaken by the institutions that conduct such education examinations as approved by the State.
Article 22 The state shall adopt an academic degree system.
The units who confer academic degrees shall confer correspondent titles of academic degree upon people who have achieved certain academic standards or professional standards of technology and award the corresponding academic credentials.
Article 23 The People’s government at different levels, self-managed mass organizations at grass-roots level and organizations in enterprises and institutions shall take every measure to develop education to eliminate illiteracy.
Citizens who according to the state statutes have the capacity to receive education intended for elimination of illiteracy shall receive such education.
Article 24 The state shall adopt educational inspection system and educational assessment system for schools and other educational institutions.
Article 25 The state shall formulate plans for educational development and institute schools and other educational institutions.
The state shall encourage enterprises, institutions, mass associations, other social organizations and private citizens to establish schools and other educational institutions according to the law.
Any organization or individual may not establish schools or other educational institutions for the purpose of making profit.
Chapter III School and Other Institutions of Education
Article 26 The State shall formulate plans for the development of education and establish and run schools and other institutions of education.
The State shall encourage enterprises, institutions, public organizations, and other social organizations, as well as individual citizens to establish and run schools or other institutions of education in accordance with the law.
The State shall establish and run schools and other institutions of education based on the principle of diligence and frugality.
A school or any other institution of education to be run entirely or partially with fiscal funding or donated assets shall not be established as a for-profit organization.
Article 27 The establishment, change or termination of a school or other educational institution shall go through procedures of examination, approval, registration or record according to corresponding state stipulations.
Article 28 A school or other educational institution shall exercise following rights:
(1) autonomous management according to constitution;
(2) organizing and conducting educational activities:
(3) recruiting students or other education receivers;
(4) exercising school administration over education receivers and awarding prize or imposing punishment;
(5) awarding corresponding schooling credentials upon education receivers;
(6) employing teachers or other staff and awarding prizes or imposing punishments;
(7) managing and using facilities and capitals of the own unit;
(8) refusing to accept any illegal interference into the educational and teaching/learning activities by any organization or individual;
(9) other rights as provided for by the law and regulations.
The state shall protect schools and other educational institutions from breach of their legitimate rights and interests.
Article 29 Schools and other educational institutions shall perform the following duties:
(1) obeying the law and regulations;
(2) implementing the state directives on education, practising the state educational and teaching/learning standards and guaranteeing the quality of teaching and learning;
(3) safeguarding the legitimate rights and interests of the education receivers, teachers and other staffs;
(4) providing convenience in a proper manner for education receivers and their guardians to be informed of the receivers’ school achievements and other results;
(5) charging fees according to relevant state prescriptions and making public the charges;
(6) submitting to supervision according to the law.
Article 30 Schools and other educational institutions sponsors shall decide on the management of schools and other educational institutions according to concerned state regulations.
Headmasters or chiefs of schools and other educational institutions shall be those who are of the Chinese nationality, residing in the territory of China and fit for the conditions prescribed by the state. Their appointment and removal shall be made according to corresponding procedures provided for by the state. Headmasters of schools shall be held responsible for teaching/learning activities and administration.
Schools and other educational institutions shall guarantee the participation of teachers and staffs in democratic management and supervision through the organic form such as the teachers and staffs congress mainly consisting of teachers in accordance with relevant provisions of the state.
Article 31 Schools and other educational institutions who have satisfied conditions for legal persons shall obtain the status of legal persons from the date of approval or registration of legal persons.
Schools and other educational institutions shall enjoy civil rights and interests and bear civil liabilities in civil activities according to the law.
State owned assets of schools and other educational institutions shall be within the ownership of the state.
Enterprises sponsored by schools and other educational institutions shall solely undertake civil liabilities of their own.
Article 32 Teachers shall enjoy the rights and interests stipulated by the law, perform duties prescribed by the law and devote to the People’s education cause.
Chapter IV Teachers and Other Educational Workers
Article 33 The state shall protect the legitimate rights and interests of teachers, improve the working and living conditions of teachers and higher the social status of teachers.
The teachers’ salaries, remuneration and welfare shall be handled according to the provisions of laws and regulations.
Article 34 The state shall adopt a qualification-based post employment system, improve the quality of teachers and strengthen the development of teachers by way of examination, rewards, cultivation and training.
Article 35 Schools and other educational institutions shall adopt an educational staffs system for their management.
Schools and other educational institutions shall adopt a professional-skills-based posts employment system.
Article 36 Education receivers shall enjoy equal rights in going to school, entering higher school, employment and etc.
Schools and relevant administrative departments shall guarantee that females enjoy equal rights with males in enrolment to school, admission to higher school, employment, conferment of academic degrees and being dispatched to study abroad.
Chapter V Educatees
Article 37 The state and society shall provide with different forms of financial aids to children, juveniles and youths who are eligible for schooling but in poor families.
Article 38 The state, society, schools and other educational institutions shall organize education in consideration of the physical and mental characteristics and requirements of disabled people and offer them assistance and convenience.
Article 39 The state, society, schools and other educational institutions shall create conditions for those minor offenders to receive education.
Article 40 Employees shall have the right and duty to receive vocational training and continuous education according to the law.
State organs, enterprises, institutions and other social organizations shall provide conditions and convenience for the learning and training of their own staffs.
Article 41 The state shall encourage schools, other educational institutions and social organizations to create conditions for the whole life education of citizens.
Article 42 Education receivers shall enjoy the following rights and interests according to the law:
(1) participating in different activities conducted in accordance with educational programme or teaching/learning syllabus; using educational or teaching/learning facilities, equipment or books and materials;
(2) obtaining scholarships, loans for education and stipends according to relevant state regulations;
(3) obtaining fair assessment in terms of academic achievements and behaviour; being conferred correspondent credentials of learning and academic degrees upon fulfilment of prescribed school work;
(4) bringing a complaint ro the relevant department in case of refusal to accept a disciplinary action of the school; bringing a complaint or a suit according to the law if the right of personal safety or property has been infringed upon by the school or the teacher;
(5) other rights and interests as are provided for by the law and regulations.
Article 43 Education receivers shall perform the following duties:
(1) abiding by laws and regulations;
(2) observing conduct standards of the school; showing respect to teachers and developing sound ideology, good morals and behaviour habits;
(3) studying strenuously and fulfilling assigned learning tasks;
(4) obeying rules of the school or other educational institution to which the education receiver is attached.
Article 44 Administrations of education, physical education and health, schools and other educational institutions shall improve sports and health care facilities and protect the physical and mental health of students.
Article 45 State organs, the army, enterprises, institutions, public organizations and other social organizations and individuals shall create good social environment for the healthy growing-up of children, juveniles and young students.
Chapter VI Education and Society
Article 46 The state shall encourage enterprises, institutions, public organizations and other social organizations to cooperate by various ways with higher education schools, secondary vocational schools in teaching and learning, scientific research, technology development and dissemination.
Enterprises, institutions, public organizations and other social organizations and individuals may support the construction of schools and participate in management through proper forms.
Article 47 State organs, the army, enterprises, institutions and other social organizations shall render assistance and convenience for student’s internships and social practice arranged by schools.
Article 48 Schools and other educational institutions shall take an active part in local public welfare activities under the precondition that normal educational and teaching/learning activities are not affected.
Article 49 Parents or other guardians of minors shall provide necessary conditions for their minor children or other minors under their guardianship to receive education.
Parents or other guardians of minors shall coordinate with schools or the other institutions of education in educating their minor children or children under their guardianship.
Schools and teachers may furnish parents of students with guidance for family education.
Article 50 Libraries, museums, science and technology centres, cultural centres, art galleries, stadiums (gymnasiums) and other public cultural and sports facilities as well as places of historic and cultural interest and revolutionary memorial halls (sites) shall give preferential treatment to teachers and students and provide convenience for educatees to receive education.
Radio and television stations (centres) shall offer educational programs designed to help enhance the ideology and moral character and cultural, scientific and technological qualities of educatees.
Article 51 Libraries, museums, science and technology centers, cultural centers, art galleries, stadiums (gymnasiums), and other public cultural and sports facilities as well as places of historic and cultural interest and revolutionary memorial halls (sites) shall give preferential treatment to teachers and students and provide convenience for educatees to receive education.
Radio and television stations (centers) shall offer educational programs designed to help enhance the ideology and moral character and cultural, scientific and technological qualities of educatees.
Article 52 The State encourages public organizations, social and cultural institutions, other social organizations and individuals to offer social, cultural and educational activities that are conducive to the sound development in body and mind of educatees.
Article 53 The State practises a system wherein government appropriations constitute the main body of the educational appropriations, supplemented by funds raised from a variety of other sources, and the State shall gradually increase its educational input so as to ensure a stable source of education appropriations for State-run schools.
With respect to schools and other institutions of education established and run by enterprises, institutional organizations, public organizations, other social organizations or citizens their operating expenses shall be raised by the respective sponsors; the people’s governments at various levels may provide them with appropriate support.
Chapter VII Educational Input and Guarantee of Conditions
Article 54 The proportion of educational appropriations in gross national products allocated by the State shall gradually rise as the national economy develops and financial revenue increases. The specific proportion and measures for implementation shall be prescribed by the State Council. The proportion of educational appropriations allocated by governments at various levels shall gradually rise along with the development of the national economy.
Article 55 The educational appropriations of the people’s governments at various levels shall be listed separately in their fiscal budgets in accordance with the principle of their unified authority over the administrative affairs and the financial affairs.
The people’s governments at various levels shall see to it that their appropriations for education shall increase at a faster rate than their regular revenues, that the average expenditure on per enrolled student shall increase steadily and that the teachers’ salaries and the average public expenditure per student shall increase steadily.
Article 56 The State Council and the local people’s governments at the county level or above shall establish specific funds for education to be used mainly for assisting outlying and poverty-stricken areas and areas inhabited by minority ethnic groups in enforcing compulsory education there..
Article 57 Taxation authorities shall collect in full the extra charges of education funds, all of which shall be controlled by the administrative departments of education and used mainly for enforcement of compulsory education.
Pursuant to the relevant regulations of the State Council, the people’s governments of provinces, autonomous regions and municipalities directly under the central government may decide to levy local extra charges for educational purpose, which shall be used exclusively for education.
The people’s governments at the township level shall make arrangements for the collection of the extra charges of education funds incorporated in the overall planning of rural townships, which shall be administered by the administrative departments of education at the county level on behalf of the rural townships or by the people’s governments of townships and shall be used for educational undertakings at the township and village levels of their respective townships. The specific proportion of the extra charges of education funds incorporated in the overall planning of rural townships and the specific measures for the administration thereof shall be prescribed by the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government.
Article 58 The State shall adopt preferential measures to encourage and help schools to launch work-study programmes, to provide services for the community and to set up school factories, on condition that this shall not affect normal education and teaching.
Article 59 With the approval of the people’s government at the county level, the people’s governments of townships, or ethnic minority townships or towns may, on the basis of voluntariness and according to their own capability, raise funds in their own administrative areas for education. Funds thus raised shall be for new buildings for schools providing compulsory education; such funds shall not be used for any other purpose.
Article 60 The State encourages social organizations and individuals both at home and abroad to donate money for education in China.
Article 61 Educational appropriations from the State and contributions and donations offered by social organizations or individuals for education shall be used for education only; they shall not be diverted to any other purposes or withheld.
Article 62 The state encourages the use of loans and other financial means to support the development of educational undertakings.
Article 63 The people’s governments at various levels and their administrative departments of education shall strengthen supervision and control over educational appropriations for schools and other institutions of education in order to achieve better results of investment in education.
Article 64 Local people’s governments at various levels and their relevant administrative departments shall incorporate capital construction for schools into rural and urban construction plans, make overall arrangements for the land and materials needed for capital construction for schools, and give priority to and adopt preferential policies towards such capital construction in accordance with related regulations set by the State.
Article 65 The people’s governments at various levels shall, in accordance with the relevant regulations set by the State, give priority and adopt preferential policies with regard to publication and distribution of textbooks and other printed materials for the purpose of teaching and learning, the production and supply of teaching and learning instruments and equipment, and the import of books and other printed materials, teaching and learning instruments and equipment for education and scientific research.
Article 66 The State shall promote the development of information technology in education, accelerate the development of educational information infrastructure, and facilitate the popularization and sharing of high-quality educational resources by using information technology, so as to improve the level of education and teaching, as well as educational administration.
The people's governments at or above the county level and their relevant departments shall develop educational information technology and other modern teaching methods, and the relevant administrative departments shall place it on the top of their agenda and provide support.
The State shall encourage schools and other institutions of education to promote and use modern teaching methods.
Chapter VIII Foreign Exchange and Cooperation In Education
Article 67 The State shall encourage foreign exchanges and cooperation in education, support schools and other institutions of education to introduce high-quality educational resources, provide Chinese-foreign cooperative education according to the law, develop international educational services, and train students with international perspectives.
In conducting foreign exchange and cooperation in education, the principles of independence, equality, mutual benefit and mutual respect shall be adhered to, the laws of the People’s Republic of China shall not be violated, and the State sovereignty, and security and the public interests shall not be harmed.
Article 68 To go abroad for study, research, academic exchange or teaching purposes by Chinese citizens within the territory of China shall be handled according to the relevant regulations of the State.
Article 69 Individuals outside the territory of China, who meet the requirements of the State and complete the relevant formalities, may enter China to study, do research, engage in academic exchange, or teach in schools or other institutions of education. Their lawful rights and interests shall be protected by the State.
Article 70 Recognition of the academic degree certificates, educational qualification certificates and other types of education certificates issued by institutions of education outside the territory of China shall be governed by the international treaties to which China is a signatory party or has acceded, or the relevant regulations of the State.
Chapter IX Legal Responsibility
Article 71 Where, in violation of the relevant regulations of the State, educational appropriations are not examined and allocated as specified in the budget, the people's government at the corresponding level shall set a time limit for such examination and allocation; if the case is serious, leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to the law.
Where, in violation of the State's fiscal system or financial system, educational appropriations are diverted to other purposes or withheld, the organ at a higher level shall order the return, within a time limit, of the part of the appropriations that are diverted to other purposes or withheld and shall impose, in accordance with the law, administrative sanctions on the leading persons directly in charge and other persons directly responsible for it; if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 72 If anyone engages in gang-fighting or stirs up quarrels, thus disturbing the educational or teaching order of schools or other institutions of education, or destroy school buildings, sites or other property, he shall be given administrative penalties for public security by public security organs; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to the law. .
If anyone who illegally occupies school buildings, sites or other property, he shall bear civil liabilities according to the law.
Article 73 If anyone knowingly fails to take measures with regard to the school buildings or educational or teaching facilities that are dangerous, thus causing human casualties or heavy losses of property, the leading persons directly in charge and other persons directly responsible for it shall be investigated for criminal responsibility according to the law.
Article 74 If anyone, in violation of the relevant regulations of the State, collects fees from a school or any other institution of education, he or she shall be ordered by the government concerned to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.
Article 75 If anyone, in violation of the relevant regulations of the State, establishes schools or other institutions of education, such schools or institutions shall be dissolved by the administrative department of education; the illegal gains, if any, shall be confiscated; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.
Article 76 Where a school or other institution of education enrolls students in violation of the relevant provisions of the State, the administrative department of education or other relevant administrative departments shall order it to dismiss the students or trainees and to return the fees thus collected; the school and other institution of education concerned shall be given a warning and may be fined not more than five times the illegal income; if the case is serious, the relevant enrollment qualification shall be ordered to be suspended for a period of not less than one year but not more than three years, until the enrollment qualification and the school operation license are revoked; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 77 Anyone who abuses power, neglects duties, or engages in fraudulent acts for personal gains in enrolling students or other trainees shall be ordered by the relevant administrative department of education or other relevant administrative departments to send dismiss the students or trainees; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.
Where anyone obtains the admission qualification by stealing and using or by falsely using the identity of another person, the education administrative department or other relevant administrative departments shall revoke the admission qualification and order the violator to stop taking the relevant national education examinations for two to five years. If he or she has obtained an academic degree certificate, academic diploma or any other educational certificate, the issuing authority shall revoke the relevant certificate; if he or she has become a public official, he or she shall be dismissed in accordance with the law; if his or her act constitutes a violation of public security administration, he or she shall be given a public security administration punishment by the public security authority in accordance with the law; and if his or her act is criminally punishable, he or she shall be held criminally liable in accordance with the law.
Whoever colludes with another person to allow such other person to falsely use his or her identity to obtain the admission qualification shall be ordered by the education administrative department or other relevant administrative department to stop taking the relevant national education examinations for one to three years; if there is any illegal income, the illegal income shall be confiscated; if he or she has become a public official, he or she shall be subject to disciplinary action in accordance with the law; if his or her act constitutes a violation of public security administration, he or she shall be given a public security administration punishment by the public security authority in accordance with the law; and if his or her act is criminally punishable, he or she shall be held criminally liable in accordance with the law.
Where anyone arranges for or instigates any person to obtain the admission qualification by stealing and using or by falsely using the identity of any other person, if there is any illegal income, the illegal income shall be confiscated; if he or she is a public official, he or she shall be subject to disciplinary action in accordance with the law; if his or her act constitutes a violation of public security administration, he or she shall be given a public security administration punishment by the public security authority in accordance with the law; and if his or her act is criminally punishable, he or she shall be held criminally liable in accordance with the law.
For those whose qualification for admission has been infringed, their admission qualification may be reinstated upon request.
Article 78 Where schools or other institutions of education, in violation of the relevant regulations of the State, collect fees from educatees, such schools or institutions shall be ordered by the administrative department of education or other relevant administrative departments to return the fees thus collected; the leading persons directly in charge and other persons directly responsible for it shall be given administrative sanctions according to law.
Article 79 If a candidate commits any of the following acts in a national educational examination, the staff from the educational examination institution that organizes the examination shall take necessary measures at the examination site to stop and terminate his or her participation in the examination; the educational examination institution that organizes the examination may cancel its relevant examination qualifications or examination results; if the case is serious, he or she will be ordered by the education administrative departments to stop participating in the relevant national education examination for a period of not less than one year but not more than three years; if the act constitutes an act in violation of the administration of public security, the public security organ shall impose public security punishments on the offender according to law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.
(1) Illegally obtaining examination questions or answers;
(2) Carrying or using equipment or materials for cheating in examinations;
(3) Plagiarizing the answers of others;
(4) Allowing another person to take the examination on his or her behalf;
(5) Other acts of cheating in obtaining examination results by improper means.
Article 80 Any organization or individual that commits any of the following acts during a national educational examination, the illegal gains, if any, shall be confiscated by the public security organ and the offenders shall be fined between one and five times his or her illegal gains; if the case is serious, he or she shall be detained for not less than five days but not more than 15 days; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law; those who are public security punishment of the state organs shall also be given administrative sanctions according to law:
(1) Organizing cheating;
(2) Helping or facilitating cheating by providing cheating equipment or other means;
(3) Taking the examination on behalf of others;
(4) Divulging or disseminating examination questions or answers before the examination is finished;
(5) Other acts that disturb the order of the examination.
Article 81 In the event of disorder in examination rooms and serious cheating arising from the poor management of the administrative department of education or the educational examination institution when holding a national examination, the leading persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 82 Where a school or any other institution of education, in violation of the provisions specified herein, issues a degree certificate, an academic certificate, or any other educational certificate, the administrative department of education or any other relevant administrative department shall nullify such certificates and order them to be withdrawn or confiscated; the illegal gains, if any, shall be confiscated; if the case is serious, the relevant enrollment qualification shall be ordered to be suspended for a period of not less than one year but not more than three years, until enrollment qualification and the qualification for issuing certificates are revoked; leading persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.
In the event of any violation of the administration of public security caused by any organization or individual other than those mentioned hereinabove in fabricating, selling, or issuing counterfeit degree certificates, academic certificates, or other educational certificates, the public security organ shall impose public security punishments on the offender according to law; if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Where any academic degree certificate, diploma, or other educational certificate is obtained by cheating, plagiary, copying, or any other fraudulent act or by any other inappropriate means, the certificate shall be revoked by the issuing institution. In the event of any violation of the administration of public security caused by the purchase or use of counterfeit degree certificates, academic certificates, or other educational certificates, the public security organ shall impose public security punishments on the offender according to law.
Article 83 Where violations of this Law involving infringements upon the lawful rights and interests of teachers, educatees, schools or other institutions of education and causing losses or damages, the violator shall bear civil responsibilities according to the law.
Chapter X Supplementary Provisions
Article 84 Education of military schools shall be regulated by the Central Military Commission of the People's Republic of China in light of the principles of this Law.
Education of religious schools shall be otherwise regulated by the State Council.
Article 85 Measures governing the establishment of schools within the territory of China by organizations or individuals outside China or through their cooperation with organizations or individuals inside China shall be formulated by the State Council.
Article 86 This Law shall go into effect as of September 1, 1995.
(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)