(Adopted at the 19th meeting of the Standing Committee of the Eighth National People’s Congress on May 15, 1996 and revised at the thirty-fourth meeting of the Standing Committee of the Thirteenth National People’s Congress on April 20, 2022)
Order of the President of the People’s Republic of China
number one one two
The Vocational Education Law of the People’s Republic of China, which was revised and adopted at the 34th meeting of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on April 20, 2022, is hereby promulgated from May 1, 2022 to be implemented.
President of the People’s Republic of China Xi Jinping
April 20, 2022
content
Chapter 1 General Provisions
Chapter II Vocational Education System
Chapter III Implementation of Vocational Education
Chapter IV Vocational Schools and Vocational Training Institutions
Chapter 5 Teachers and Educators in Vocational Education
Chapter VI Guarantee of Vocational Education
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to promote the high-quality development of vocational education, improve the quality and technical skills of workers, promote employment and entrepreneurship, build a country with strong education, a strong country in human resources and a skill-based society, and promote socialist modernization.
Article 2 The term “vocational education” as mentioned in this Law refers to the comprehensive occupation of professional ethics, scientific culture, professional knowledge, and technical skills required for cultivating high-quality technical and technical talents so that educated persons can engage in certain occupations or achieve occupational development. Education for quality and action, including vocational school education and vocational training.
The special training provided by organs and public institutions to their staff shall be separately stipulated by laws and administrative regulations.
Article 3 Vocational education is an education type with the same important status as general education, an important part of the national education system and human resource development, and an important way to cultivate diverse talents, inherit technical skills, and promote employment and entrepreneurship.
The state vigorously develops vocational education, promotes the reform of vocational education, improves the quality of vocational education, enhances the adaptability of vocational education, establishes and improves the vocational education system that meets the needs of socialist market economy and social development, and conforms to the law of growth of technical and skilled personnel, in order to build a society in an all-round way. The modernist country provides strong talent and technical support.
Article 4 Vocational education must adhere to the leadership of the Communist Party of China, adhere to the socialist direction of running schools, implement the national education policy, adhere to the cultivation of morality, cultivate people with morality and skill, adhere to the integration of production and education, school-enterprise cooperation, adhere to market-oriented, and promote employment , adhere to practice-oriented, strengthen ability, and insist on teaching everyone according to their aptitude.
The implementation of vocational education should carry forward the core socialist values, provide ideological and political education and professional ethics education to the educated, cultivate the spirit of model workers, labor spirit, and craftsmanship, impart scientific culture and professional knowledge, cultivate technical skills, provide vocational guidance, and comprehensively improve The quality of the educated.
Article 5 Citizens have the right to receive vocational education in accordance with the law.
Article 6 Vocational education implements government overall planning, hierarchical management, local-based, industry guidance, school-enterprise cooperation, and social participation.
Article 7 The people’s governments at all levels shall incorporate the development of vocational education into the national economic and social development plans, and make overall arrangements and overall implementation of the promotion of employment and entrepreneurship, the transformation of development methods, industrial structure adjustment, and technological optimization and upgrading.
Article 8 The State Council shall establish a coordination mechanism for vocational education work to coordinate the national vocational education work as a whole.
The education administrative department of the State Council is responsible for the overall planning, comprehensive coordination and macro management of vocational education work. The education administrative department, human resources and social security administrative department and other relevant departments of the State Council shall be respectively responsible for the relevant vocational education work within the scope of duties prescribed by the State Council.
The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen their leadership over the vocational education work within their respective administrative regions, clarify the specific job responsibilities of the people’s governments at the city and county levels divided into districts, coordinate the development of vocational education, and organize supervision and evaluation.
The relevant departments of the local people’s government at or above the county level shall strengthen communication and cooperation to jointly promote vocational education.
Article 9 The state encourages the development of various levels and forms of vocational education, promotes diversified school-running, and supports the broad and equal participation of social forces in vocational education.
The state gives play to the important role of enterprises in running schools, promotes enterprises to deeply participate in vocational education, and encourages enterprises to hold high-quality vocational education.
Relevant industry authorities, trade unions, China Vocational Education Association and other mass organizations, industry organizations, enterprises, institutions, etc. shall perform their obligations to implement vocational education in accordance with the law, and participate in, support or carry out vocational education.
Article 10 The state shall take measures to vigorously develop education for skilled workers and comprehensively improve the quality of industrial workers.
The state has taken measures to support vocational education for rural areas, organize agricultural skills training, return home entrepreneurship and employment training and vocational skills training, and cultivate high-quality rural revitalization talents.
The state takes measures to support the development of vocational education in old revolutionary base areas, ethnic minority areas, remote areas and underdeveloped areas.
The state takes measures to organize all kinds of job-transfer, re-employment, unemployed and special groups to receive various forms of vocational education, and to support the development of vocational education for the disabled.
The state guarantees women’s equal right to receive vocational education.
Article 11 The implementation of vocational education shall be based on the needs of economic and social development, in combination with occupational classification, occupational standards, and occupational development needs, to formulate education standards or training programs, and implement academic certificates and other academic certificates, training certificates, vocational qualification certificates and vocational skill grades. certificate system.
The state implements a system in which workers receive necessary vocational education before employment or employment.
Article 12 The state takes measures to improve the social status and treatment of technical and skilled personnel, to promote the glory of labor, the preciousness of skills, and to create a great fashion of the times.
The state commends and rewards units and individuals who have made outstanding achievements in vocational education work in accordance with relevant regulations.
The second week of May every year is the week of vocational education activities.
Article 13 The state encourages foreign exchanges and cooperation in the field of vocational education, supports the introduction of overseas high-quality resources to develop vocational education, encourages qualified vocational education institutions to run schools overseas, and supports the development of various forms of mutual recognition of vocational education learning outcomes.
Chapter II Vocational Education System
Article 14 The state establishes and improves a modern vocational education system that meets the needs of economic and social development, deeply integrates production and education, attaches equal importance to vocational school education and vocational training, integrates vocational education and general education, and effectively connects different levels of vocational education to serve the lifelong learning of the whole people. .
The state optimizes the educational structure, scientifically allocates educational resources, and adjusts measures to local conditions and promotes the coordinated development of vocational education and general education at different stages after compulsory education.
Article 15 Vocational school education is divided into secondary vocational school education and higher vocational school education.
Secondary vocational school education is implemented by secondary vocational schools (including technical schools) at the senior secondary education level.
Higher vocational school education is carried out by higher vocational schools and ordinary institutions of higher learning at the level of junior college, undergraduate and above education. According to the regulations on the establishment of higher vocational schools, qualified technician colleges will be included in the sequence of higher vocational schools.
Other schools, educational institutions or qualified enterprises and industry organizations may, in accordance with the overall planning of the education administrative department, implement vocational school education at the corresponding level or provide credit courses included in the talent training plan.
Article 16 Vocational training includes pre-employment training, on-the-job training, re-employment training and other vocational training, which may be implemented by grades and categories according to actual conditions.
Vocational training can be implemented by corresponding vocational training institutions and vocational schools.
Other schools or educational institutions as well as enterprises and social organizations may, according to the school-running capabilities and social needs, carry out social-oriented and various forms of vocational training in accordance with the law.
Article 17 The state establishes and improves the certification, accumulation and conversion mechanisms for school education and vocational training credits, qualifications, and other learning outcomes at all levels and types, promotes the construction of a national credit bank for vocational education, and promotes the integration and integration of learning outcomes between vocational education and general education. mutual recognition.
The military vocational skill level is included in the national vocational qualification certification and vocational skill level evaluation system.
Article 18 In addition to the implementation of vocational education for disabled persons by educational institutions for disabled persons, vocational schools, vocational training institutions and other educational institutions at all levels and types shall accept disabled students in accordance with relevant state regulations, and strengthen the construction of barrier-free environments to provide students with disabilities. Provide necessary help and convenience for study and life.
The state takes measures to support educational institutions, vocational schools, vocational training institutions and other educational institutions for the disabled to carry out or jointly carry out vocational education for the disabled.
Special education teachers engaged in vocational education for disabled persons shall enjoy special education allowances in accordance with regulations.
Article 19 The administrative department of education of the people’s government at or above the county level shall encourage and support ordinary primary and secondary schools and ordinary institutions of higher learning, increase the relevant teaching content of vocational education according to actual needs, conduct vocational enlightenment, vocational awareness, and vocational experience, and carry out career planning guidance, Labor education, and organize and guide vocational schools, vocational training institutions, enterprises and industry organizations to provide conditions and support.
Chapter III Implementation of Vocational Education
Article 20 The education administrative department of the State Council shall, in accordance with the needs of economic and social development and the characteristics of vocational education, organize the formulation and revision of the professional catalogue of vocational education, improve the standards of vocational education and teaching, and conduct macro-management and guide the construction of vocational school textbooks.
Article 21 Local people’s governments at or above the county level shall establish or participate in the establishment of vocational schools and vocational training institutions that play a key and exemplary role, and provide guidance and support to vocational schools and vocational training institutions established by social forces in accordance with the law.
According to the needs of industrial layout and industry development, the state takes measures to vigorously develop emerging majors required by industries such as advanced manufacturing, and support the construction of high-level vocational schools and majors.
The state has taken measures to speed up the cultivation of technical and skilled personnel in childcare, nursing, health care, and housekeeping.
Article 22 The people’s government at the county level may, according to the needs of the economic and social development of the county, set up vocational education center schools, carry out various forms of vocational education, and implement practical technical training.
The education administrative department may entrust the vocational education center school to undertake the public administration and service of vocational education such as education and teaching guidance, education quality evaluation, and teacher training.
Article 23 The competent departments of the industry shall strengthen the guidance of vocational education in accordance with the needs of the industry and industrial talents, and regularly release information on the needs of talents.
Industry authorities, trade unions, China Vocational Education Association and other groups and industry organizations can participate in the formulation of vocational education major catalogs and related vocational education standards as needed, carry out talent demand forecasts, career development research and information consultation, and cultivate supply and demand matching. The production-education integration service organization organizes or jointly organizes vocational schools and vocational training institutions, and organizes, coordinates, and guides relevant enterprises, institutions, and social organizations to organize vocational schools and vocational training institutions.
Article 24 An enterprise shall, according to the actual situation of the unit, carry out vocational education for its employees and personnel to be recruited in a planned way, and may set up full-time or part-time positions for vocational education.
Enterprises shall implement a training and induction system in accordance with relevant state regulations. Workers engaged in technical work recruited by the enterprise must undergo production safety education and technical training before taking up their posts; workers recruited for specific occupations (work types) involving public safety, personal health, life and property safety, etc. must undergo training and be Obtain professional qualifications or special operation qualifications in accordance with the law.
The enterprise’s development of vocational education shall be included in the corporate social responsibility report.
Article 25 Enterprises may use capital, technology, knowledge, facilities, equipment, venues, management and other elements to organize or jointly organize vocational schools and vocational training institutions.
Article 26 The state encourages, guides and supports enterprises and other social forces to establish vocational schools and vocational training institutions in accordance with the law.
Local people’s governments at all levels take measures to purchase services, provide students with student loans, scholarships and other measures, and support vocational schools and vocational training institutions established by enterprises and other social forces in accordance with the law; non-profit vocational schools and vocational training institutions. Institutions can also take support measures such as government subsidies, fund awards, and donation incentives, and provide appropriate subsidies with reference to relevant funding standards and support policies such as the per-student funding for similar public schools at the same level.
Article 27 Enterprises that are deeply involved in the integration of production and education, school-enterprise cooperation, and play an important role in improving the quality of technical and skilled personnel training and promoting employment shall be rewarded in accordance with regulations; , provide financial, fiscal, land and other support in accordance with regulations, implement education surcharges, local education surcharge reductions and exemptions, and other tax incentives.
Article 28 If a vocational school or vocational training institution is jointly established, the organizer shall sign a joint school-running agreement, stipulating the rights and obligations of all parties.
Local people’s governments at all levels and competent industry departments support social forces to participate in joint school-running in accordance with the law, and organize various forms of vocational schools and vocational training institutions.
Industry authorities, trade unions and other mass organizations, industry organizations, enterprises, institutions, etc. entrust schools and vocational training institutions to implement vocational education, they shall sign an entrustment contract.
Article 29 People’s governments at or above the county level shall strengthen the construction of vocational education practice and training bases, and organize industry authorities, trade unions and other mass organizations, industry organizations, and enterprises to build high-level and specialized vocational education according to the needs of regions or industries. , An open and shared practice and training base for the integration of production and education, providing conditions and support for vocational schools and vocational training institutions to carry out practical training and enterprises to carry out training.
Article 30 The state promotes the apprenticeship system with Chinese characteristics, guides enterprises to set up apprenticeship positions according to a certain proportion of the total number of positions, and encourages and supports enterprises with the ability to cultivate technical and skilled personnel, especially enterprises that integrate production and education, and vocational schools and vocational training institutions. Cooperate to conduct apprenticeship training for newly recruited employees, on-the-job employees and transfer employees, or jointly recruit students with vocational schools to conduct apprenticeship training in a work-study manner. Relevant enterprises can enjoy subsidies in accordance with regulations.
If an enterprise and a vocational school jointly recruit students and conduct apprentice training in a work-study manner, an apprenticeship training agreement shall be signed.
Article 31 The state encourages industry organizations, enterprises, etc. to participate in the development of professional teaching materials for vocational education, incorporate new technologies, new processes, and new concepts into vocational school teaching materials, and can dynamically update through loose-leaf teaching materials and other methods; support the use of information Technology and other modern teaching methods, develop learning resources such as vocational education online courses, innovate teaching methods and school management methods, and promote the construction and integration of vocational education informatization.
Article 32 The state organizes and conducts vocational skills competitions and other activities, provides a platform for technical and technical talents to demonstrate their skills and compare their skills, and continuously cultivate more high-quality technical and technical talents, skilled craftsmen and craftsmen from major countries.
Chapter IV Vocational Schools and Vocational Training Institutions
Article 33 The establishment of a vocational school shall meet the following basic conditions:
(1) It has an organizational structure and articles of association;
(2) There are qualified teachers and administrators;
(3) There are teaching and practice training places, facilities, equipment, curriculum systems, education and teaching resources, etc. that are compatible with the vocational education being implemented and meet the prescribed standards and safety requirements;
(4) Having the necessary funds for running a school and a stable source of funding commensurate with the scale of running a school.
The establishment of secondary vocational schools shall be subject to the examination and approval of the local people’s governments at or above the county level or the relevant departments in accordance with the prescribed authority; the establishment of higher vocational schools that implement education at the junior college level shall be subject to the examination and approval of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to the education administrative department of the State Council for the record; Higher vocational schools with education at the undergraduate level or above shall be subject to the examination and approval of the education administrative department of the State Council.
Vocational education at the undergraduate level may be implemented upon the approval of the education administrative department of the State Council for some majors set up by higher vocational schools at the junior college level to train high-end technical and technical talents, which meet the conditions of deep integration of production and education, distinctive school-running characteristics, and high training quality.
Article 34 The establishment of a vocational training institution shall meet the following basic conditions:
(1) It has an organizational structure and management system;
(2) It has a curriculum system, teachers or other teaching personnel and management personnel that are suitable for the training tasks;
(3) There are places, facilities and equipment that are suitable for the training tasks and meet the safety requirements;
(4) There are corresponding funds.
The establishment, modification and termination of vocational training institutions shall be implemented in accordance with relevant state regulations.
Article 35 Public vocational schools implement the principal responsibility system under the leadership of the grassroots organizations of vocational schools of the Communist Party of China. The grassroots organizations of vocational schools of the Communist Party of China, in accordance with the Constitution of the Communist Party of China and relevant regulations, comprehensively lead school work and support the principals in exercising their functions and powers independently and responsibly. Private vocational schools shall improve the decision-making mechanism in accordance with the law, strengthen the political function of the school’s grassroots organization of the Communist Party of China, and ensure that it plays an effective role in the decision-making, supervision, and implementation of major issues in the school.
The principal is fully responsible for the teaching, scientific research and other administrative work of the school. The principal exercises his powers through the principal’s office meeting or the school council, and accepts supervision in accordance with the law.
Vocational schools can listen to the opinions of representatives of industry organizations, enterprises, school graduates, etc. through consultation, negotiation and other forms, and play their role in participating in school construction and supporting school development.
Article 36 Vocational schools shall run schools in accordance with the law and manage independently according to the articles of association.
Vocational schools may carry out the following activities in running schools:
(1) According to the needs of the industry, independently set up majors in accordance with the law;
(2) Formulate talent training programs based on vocational education standards, and independently select or compile professional course materials in accordance with the law;
(3) According to the needs of cultivating technical and technical talents, independently setting up learning systems and arranging the teaching process;
(4) On the basis of the basic academic system, appropriately adjust the length of study and implement a flexible learning system;
(5) Independently select and hire professional course teachers according to law.
Article 37 The state establishes an examination and enrollment system that conforms to the characteristics of vocational education.
Secondary vocational schools may, in accordance with the relevant provisions of the state, implement the integration of enrollment and training with higher vocational school education in relevant majors.
Higher vocational schools may, in accordance with relevant state regulations, adopt an assessment method combining cultural quality and vocational skills to recruit students; for technical and skilled talents with outstanding contributions, they may be admitted by exception after passing the assessment.
The education administrative department of the people’s government at or above the provincial level, together with the relevant departments of the people’s government at the same level, establishes a unified enrollment platform for vocational education, summarizes and releases information on schools implementing vocational education, their professional settings, enrollment, and provides services such as inquiry and application.
Article 38 Vocational schools shall strengthen the construction of school spirit and study style, teachers’ morality and teachers’ style, create a good learning environment, and ensure the quality of education and teaching.
Article 39 Vocational schools shall establish and improve employment and entrepreneurship promotion mechanisms, and provide students with employment and entrepreneurship services such as career planning, career experience, and job-seeking guidance in various forms, so as to enhance students’ employment and entrepreneurship capabilities.
Article 40 Vocational schools and vocational training institutions shall pay attention to the integration of production and education and implement school-enterprise cooperation in the implementation of vocational education.
Vocational schools and vocational training institutions can cooperate in various forms such as co-organizing vocational education institutions, forming vocational education groups, and carrying out order training with industry organizations, enterprises, and institutions.
The state encourages vocational schools in recruitment and employment, talent training plan formulation, teacher team building, professional planning, curriculum setting, teaching material development, teaching design, teaching implementation, quality evaluation, scientific research, technical services, transformation of scientific and technological achievements, and technical skills innovation platform, In terms of professional technology transfer institutions and construction of internship training bases, establish cooperation mechanisms with relevant industry organizations, enterprises, and institutions. For cooperation, an agreement should be signed to clarify the rights and obligations of both parties.
Article 41 Vocational schools and vocational training institutions carry out school-enterprise cooperation, provide social services, or organize enterprises and conduct business activities for the purpose of practical training. , enterprise experts, external personnel and educated labor remuneration, can also be used as a source of performance wages, in line with state regulations can not be limited by the total amount of performance wages.
Vocational schools and vocational training institutions that implement the activities specified in the preceding paragraph and comply with relevant state regulations shall enjoy relevant preferential tax and fee policies.
Article 42 Vocational schools shall collect tuition fees and other necessary fees in accordance with the prescribed charging standards and methods; if they meet the conditions stipulated by the state, they shall be exempted; they shall not illegally collect fees in the name of introducing jobs or arranging internships.
Vocational training institutions and vocational schools that conduct training for the society shall charge fees in accordance with relevant state regulations.
Article 43 Vocational schools and vocational training institutions shall establish and improve the education quality evaluation system, attract industry organizations, enterprises, etc. to participate in the evaluation, and disclose relevant information in a timely manner to accept educational supervision and social supervision.
The education administrative department of the people’s government at or above the county level shall establish a quality evaluation system in line with the characteristics of vocational education in conjunction with relevant departments and industry organizations, organize or entrust industry organizations, enterprises and third-party professional institutions to evaluate the quality of vocational schools, and evaluate the quality of vocational schools. The results are made public in a timely manner.
Vocational education quality evaluation should highlight the employment orientation, take the professional ethics, technical skills level, and employment quality of the educated as important indicators, and guide vocational schools to cultivate high-quality technical and technical personnel.
Relevant departments shall, in accordance with their respective duties, strengthen the supervision and management of vocational schools and vocational training institutions.
Chapter 5 Teachers and Educators in Vocational Education
Article 44 The state guarantees the rights of vocational education teachers and improves their professional quality and social status.
The people’s government at or above the county level and its relevant departments shall incorporate the training and training of vocational education teachers into the teacher team construction plan to ensure that the vocational education teacher team meets the needs of the development of vocational education.
Article 45 The state establishes and improves the vocational education teacher training and training system.
The people’s governments at all levels shall take measures to strengthen the professional training and training of vocational education teachers, encourage the establishment of specialized vocational education normal colleges and universities, support institutions of higher learning to establish relevant majors, and train vocational education teachers; encourage industry organizations and enterprises to jointly participate in the training of vocational education teachers training.
Enterprises integrating production and education, and enterprises above designated size should arrange a certain proportion of posts and accept teachers from vocational schools and vocational training institutions for practice.
Article 46 The state establishes and improves the vocational school teachers’ post setting and job (professional title) evaluation and appointment systems that meet the characteristics and development requirements of vocational education.
Professional course teachers (including internship instructors) in vocational schools shall have a certain number of years of corresponding work experience or practical experience, and have reached the corresponding technical skill level.
Qualified enterprise, institution management and professional technical personnel, as well as other personnel with professional knowledge or special skills, who have passed the education and teaching ability training, may serve as full-time or part-time professional course teachers in vocational schools; According to their technical titles, they are appointed to corresponding teacher positions. Obtaining the qualifications of professional teachers in vocational schools can reduce the academic requirements depending on the situation.
Article 47 The state encourages vocational schools to hire high-skilled talents such as skilled masters, model workers, skilled craftsmen, and representative inheritors of intangible cultural heritage to participate in talent training, technical development, skill transfer, etc.
Article 48 The state formulates basic standards for staffing of vocational schools. Provinces, autonomous regions, and municipalities directly under the Central Government shall, based on basic standards, formulate standards for staffing of vocational schools in their regions.
The local people’s government at or above the county level shall determine the size of the staff of public vocational schools based on the staffing standards for staff and the scale of running schools, etc., a certain percentage of which can be used to support vocational schools to openly recruit professional and technical personnel and skilled talents to serve as full-time or part-time teachers. .
Article 49 Students in vocational schools shall abide by laws, regulations and codes of conduct for students, develop good professional ethics, professional spirit and behavioral habits, study hard, complete prescribed learning tasks, participate in practical training as required, and master technical skills .
The legitimate rights and interests of vocational school students are protected by law.
Article 50 The state encourages enterprises and institutions to arrange internship positions and accept students from vocational schools and vocational training institutions for internships. Units accepting internships shall ensure that students enjoy rest and vacations, obtain labor safety and health protection, participate in relevant insurances, and receive vocational skills guidance during the internship period according to regulations; for those who take up internships, they shall sign an internship agreement and provide appropriate labor remuneration.
Vocational schools and vocational training institutions should strengthen the guidance of students for internship training, strengthen production safety education, negotiate with internship units to arrange positions that match the majors that students are studying, clarify the content and standards of internship training, and shall not arrange students to engage in activities related to what they have learned. Internships unrelated to majors shall not violate relevant regulations to organize, arrange and manage student internships through human resource service agencies, labor dispatch units, or through units or individuals that illegally engage in human resource services and labor dispatch business.
Article 51 Those who accept vocational school education, meet the corresponding academic requirements, and pass the school assessment shall obtain corresponding academic certificates; those who accept vocational training and pass the assessment of vocational training institutions or vocational schools shall obtain corresponding training certificates; Those who pass the examination of the specialized institutions stipulated by the state shall obtain the corresponding vocational qualification certificate or vocational skill grade certificate.
Academic certificates, training certificates, vocational qualification certificates and vocational skill grade certificates shall be used as certificates for educated persons to practice in accordance with relevant state regulations.
Vocational skills grade certificates, training certificates and other learning outcomes obtained from vocational training can be converted into corresponding academic education credits after being recognized by vocational schools; those who meet the academic requirements of corresponding vocational schools can obtain corresponding academic certificates.
Those who have received education from higher vocational schools and whose academic level has reached the degree standards stipulated by the state may apply for the corresponding degree according to law.
Article 52 The state establishes a system for rewarding and subsidizing vocational school students, rewarding particularly outstanding students, providing financial aid to students with financial difficulties, and giving appropriate preference to students in hardships, special industries and other majors. The state adjusts the reward and funding standards in a timely manner according to economic and social development.
The state supports enterprises, institutions, social organizations and individual citizens to set up vocational education scholarships and grants in accordance with relevant state regulations, to reward outstanding students, and to subsidize students with financial difficulties.
Vocational schools shall, in accordance with relevant state regulations, draw a certain percentage of funds from career income or tuition income for rewarding and subsidizing students.
The relevant departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall improve the management system of funding funds for vocational schools, and regulate the management and use of funding funds.
Article 53 Vocational school students enjoy equal opportunities with ordinary school students at the same level in terms of further education, employment, and career development.
Higher vocational schools and ordinary institutions of higher learning that implement vocational education shall determine the corresponding proportion in the enrollment plan or adopt separate examination methods to specifically recruit vocational school graduates.
People’s governments at all levels shall create a fair employment environment. Employers shall not set up conditions for application, recruitment and employment that hinder the equal employment and fair competition of graduates of vocational schools. Organs, institutions and state-owned enterprises shall specify the technical skills requirements when recruiting and recruiting technical and technical personnel, and regard technical skills as an important condition for recruitment and employment. Publicly recruited by public institutions for positions with vocational skill level requirements, the educational requirements may be appropriately reduced.
Chapter VI Guarantee of Vocational Education
Article 54 The state optimizes the expenditure structure of education funds, makes the investment of vocational education funds meet the development needs of vocational education, and encourages the collection of funds for the development of vocational education through various channels in accordance with the law.
Article 55 The people’s governments at all levels shall, in accordance with the principle of adapting their powers and expenditure responsibilities, implement vocational education funds according to the scale of vocational education, training costs and school quality, etc., and strengthen budget performance management to improve the efficiency of fund use.
The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate the standards for per-student funding or public funding standards for vocational schools in their respective regions. Vocational school sponsors shall allocate funds on time and in full according to the per-student funding standard or the public funding standard, and continuously improve school-running conditions. Tuition fees and social service income shall not be used to offset the per-student appropriation.
The sponsors of private vocational schools shall raise funds through various channels with reference to the per-student funding standards for vocational schools at the same level.
The funds designated for vocational education by special financial arrangements and social donations shall not be misappropriated or deducted by any organization or individual.
Article 56 The local people’s governments at all levels shall allocate funds for local education supplements and other aspects, and shall use the funds that can be used for vocational education as a whole; give play to the role of unemployment insurance funds to support employees in improving their vocational skills.
Article 57 People’s governments at all levels should increase investment in vocational education for rural areas, and may appropriately use funds for rural scientific and technological development and technology promotion for rural vocational training.
Article 58 An enterprise shall, in accordance with the standards prescribed by the State Council, draw and use employee education funds in a certain proportion of the total wages of employees. Employee education funds can be used for reasonable purposes such as setting up vocational education institutions and conducting vocational education for employees of the unit and those who are to be recruited. If the employer arranges employees to go to vocational schools or vocational training institutions to receive vocational education, they shall pay wages according to law during the period of their vocational education and guarantee relevant treatment.
The expenses incurred by enterprises in setting up a production-education-integrated practice and training base with production and teaching functions can refer to vocational schools to enjoy corresponding land use, public utility fees and other discounts.
Article 59 The state encourages financial institutions to support the development of vocational education by providing financial services.
Article 60 The state encourages enterprises, institutions, social organizations and individual citizens to make donations to vocational education, and encourages overseas organizations and individuals to provide financial aid and donations to vocational education. Grants and donations provided must be used for vocational education.
Article 61 The state encourages and supports the development of scientific and technological research, teaching materials and teaching resources for vocational education, and promotes the co-construction and sharing of vocational education resources across regions, industries and departments.
The state gradually establishes an information statistics and management system that reflects the characteristics and functions of vocational education.
The people’s government at or above the county level and its relevant departments shall establish and improve the vocational education service and security system, organize and guide trade unions and other mass organizations, industry organizations, enterprises, schools, etc. to carry out vocational education research, publicity and promotion, and talent supply and demand docking.
Article 62 The news media and relevant parties of vocational education shall actively carry out public welfare publicity of vocational education, carry forward the typical deeds of the growth of technical and skilled talents, and create a good society in which everyone strives to become talents, everyone can become talents, and everyone can develop their talents. Ambience.
Chapter VII Legal Liability
Article 63 Anyone who violates the “Education Law of the People’s Republic of China”, “Labor Law of the People’s Republic of China” and other relevant laws in vocational education activities shall be punished in accordance with the relevant laws.
Article 64 If an enterprise fails to implement vocational education for its employees and personnel to be recruited in accordance with the provisions of this Law, and draws and uses employee education funds, the relevant departments shall order it to make corrections; if it refuses to make corrections, the people’s government at or above the county level shall Collect the employee education funds that it should bear and use it for vocational education.
Article 65 Vocational schools and vocational training institutions that violate the provisions of this Law in their vocational education activities shall be ordered by the administrative department of education or other relevant departments to make corrections; if the quality of education and teaching is low or the management is chaotic, causing serious consequences, it shall be ordered to suspend enrollment, Rectification within a time limit; if the rectification is not completed within the time limit or the requirements are still not met after rectification, the school permit shall be revoked or the school shall be ordered to stop running.
Article 66 If an entity that accepts students from vocational schools and vocational training institutions for internships violates the provisions of this Law and infringes upon students’ rights to rest and leave, obtain labor safety and health protection, participate in relevant insurance, and receive vocational skills guidance, they shall bear corresponding legal responsibilities in accordance with the law. .
Vocational schools and vocational training institutions, in violation of the provisions of this Law, organize, arrange, and manage student internships through human resources service institutions, labor dispatch units, or units or individuals that illegally engage in human resources services and labor dispatch business. The administrative department of human resources and social security or other relevant departments shall order it to make corrections, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the illegal gains; if the illegal gains are less than 10,000 yuan, it shall be calculated as 10,000 yuan.
For the human resources service agencies, labor dispatch units, or units or individuals that illegally engage in human resources services or labor dispatch business as specified in the preceding paragraph, the human resources and social security administrative department or other relevant departments shall order them to make corrections, confiscate the illegal gains, and impose a fine on the illegal gains. A fine of more than one time but not more than five times; if the illegal income is less than 10,000 yuan, it shall be calculated as 10,000 yuan.
Article 67 Staff members of the administrative departments of education, human resources and social security, or other relevant departments who violate the provisions of this Law, abuse their powers, neglect their duties, or engage in malpractices for personal gain shall be punished according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law.
Chapter VIII Supplementary Provisions
Article 68 This Law shall apply to the establishment of vocational schools and vocational training institutions by overseas organizations and individuals within the territory of China; where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 69 This Law shall come into force on May 1, 2022.
(Xinhua News Agency, Beijing, April 20)