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Chapter III Schools and Other Institutions of Education
2005-01-05

Article 25 The State formulates plans for the development of education and establishes and runs schools and other institutions of education.
The State encourages 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 law.

No organization or individual may establish or run a school or any other institution of education for profit-making purposes.

Article 26 For the establishment of a school or any other institution of education, the following basic conditions shall be fulfilled:

(1) having an organizational structure and rules and regulations;

(2) having qualified teachers;

(3) having teaching premises, facilities and equipment that are up to the required standards; and

(4) having the necessary funds for running the school as well as a stable source of funding.

Article 27 The establishment, modification or termination of a school or any other institution of education shall, in accordance with the relevant regulations of the State, go through the formalities of examination, verification, approval and registration or filing for the record.

Article 28 Schools and other institutions of education shall exercise the following rights:

(1) to administer school affairs independently in accordance with their rules and regulations;

(2) to organize and conduct educational and teaching activities;

(3) to enroll students or other educates;

(4) to manage school roll and grant awards to or take disciplinary measures against educates;

(5) to grant to educates appropriate education certificates;

(6) to recruit teachers , other staff and workers and grant awards to or take disciplinary measures against them;

(7) to manage and use the facilities and financial resources of their own;

(8) to brook no unlawful interference in their educational and teaching activities by any organization or individual; and

(9) other rights prescribed by laws and regulations.

The State protects the lawful rights and interests of schools and other institutions of education from infringement.

Article 29 Schools and other institutions of education shall fulfil the following obligations:

(1) to observe laws and regulations;

(2) to implement the State’s educational policies, apply the standards set by the State for education and teaching and guarantee the quality of education and teaching;

(3) to safeguard the lawful rights and interests of the educatees, teachers and other staff and workers;

(4) to provide convenience in appropriate ways for educatees and their guardians to have access to the educatees’ academic performance and other relevant information;

(5) to collect fees according to the regulations of the State and publicize the individual items of such fees; and

(6) to be subjected to supervision according to law.

Article 30 Organizations or individuals that establish and run schools or other institutions of education may, in accordance with the relevant regulations of the State, determine the management system for the schools or other institutions of education that they establish and run.

The president or the leading administrator of a school or any other institution of education shall be a citizen of the nationality of the People’s Republic of China, who has settled down within the territory of China and meets the qualifications for the post prescribed by the State, and he or she shall be appointed or removed in accordance with the relevant regulations of the State. The president of a school shall be in charge of the school’s teaching and administration.

Schools and other institutions of education shall, in accordance with the relevant regulations of the State guarantee that teachers, staff members and workers participate in the democratic management and supervision through the congress of teachers, staff members and workers with teachers as its main body, or through other forms.

Article 31 A school or any other institution of education that meets the requirements for a legal person shall acquire the status of a legal person from the date on which its establishment is approved or it is registered.

A school or any other institution of education shall, in civil activities, enjoy civil rights and bear civil liabilities according to law.
The State assets in a school or any other institution of education shall be owned by the State.

Factories run by schools or other institutions of education shall bear civil liabilities independently.


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