Law of the People's Republic of China on Protection of Minors

Updated: 2020-10-17

Chapter IV

Protection by Society

Article 42 Sound values shall be fostered in society, whereby minors are well cared and protected.

The State encourages, supports and guides the people's groups, enterprises and institutions, social organizations and individuals to carry out various forms of social activities that are conducive to the healthy growth of minors.

Article 43 The residents' committee and the villagers' committee shall set up a special agency and designate special personnel to take charge of the protection of minors, assist the relevant government departments in publicizing the laws and regulations on the protection of the minors, guide, assist and supervise the parents or other guardians of minors to perform their duties under guardianship in accordance with law, and set up files of the left-behind minors and minors in difficult circumstances and provide them with care and assistance. 

The residents' committee and the villagers' committee shall assist the relevant government departments in supervising the entrusted care of minors, and report in time to the relevant government departments when they find that the entrusted person lacks the care ability or is negligent in performing the care duties, and inform the parents or other guardians of the minors, so as to help and urge the entrusted person to perform the care duties.

Article 44 Patriotism education bases, libraries, youths' and children's palaces, children's activity centers and homes for children shall be open to minors free of charge; museums, memorial halls, science and technology centers, exhibition halls, art galleries, cultural centers, internet service places for public welfare of a community, cinemas and theatres, stadiums and gymnasiums, zoos, botanical gardens, parks, etc. shall be open to minors free of charge or on a preferential basis in accordance with relevant regulations.

The State encourages patriotism education bases, museums, science and technology centers, art galleries and other public venues to set up special venues for minors to provide targeted services for them.

The State encourages state organs, enterprises, institutions and troops to develop their own educational resources and set up open days for minors to support theme education, social practice and professional experience for minors.

The State encourages scientific research institutions and scientific and technological social organizations to carry out scientific popularization activities for minors.

Article 45 Urban public transport, highway, railway, waterway, air passenger transport, shall implement free or preferential fares for minors in accordance with relevant regulations.

Article 46 The State encourages large-scale public places, public transport vehicles, scenic spots, to set up maternal and infant rooms, baby changing tables, and sanitary facilities such as toilets and wash basins for young children, which are convenient for minors. 

Article 47 No organization or individual shall, in violation of the relevant provisions, restrict the care or preferential treatment that minors should enjoy. 

Article 48 The State encourages the creation, publication, production and dissemination of books, newspapers and periodicals, films, radio and television programs, stage art works, audio-visual products, electronic publications and network information that are conducive to the healthy growth of minors.

Article 49 The news media shall strengthen publicizing the protection of minors and exercise supervision of public opinion over acts infringing upon the lawful rights and interests of minors. Interviews and reports of news media involving minors shall be objective, and be conducted prudently and moderately, and shall not infringe upon minors' reputation, privacy and other lawful rights and interests.

Article 50 It is prohibited to make, copy, publish, release or disseminate books, newspapers, periodicals, films, radio and television programs, stage art works, audio-visual products, electronic publications and network information that contain harmful contents to the physical and mental health of minors, such as obscenity, pornography, violence, cult, superstition, gambling, suicide inducement, terrorism, separatism and extremism.

Article 51 Any organization or individual that publishes, releases or disseminates books, newspapers and periodicals, movies, radio and television programs, stage art works, audio-visual products, electronic publications or network information that may affect the physical and mental health of minors shall give a conspicuous warning. 

Article 52 It is prohibited to make, copy, publish, disseminate or possess pornographic articles and network information about minors.

Article 53 No organization or individual shall publish, broadcast, post or distribute advertisements containing contents harmful to the physical and mental health of minors. It is forbidden to broadcast, post or distribute commercial advertisements in schools or kindergartens, or to use school uniforms, teaching materials, etc. to publish or distribute commercial advertisements in disguised form.

Article 54 It is forbidden to abduct, sell, kidnap, maltreat, illegally adopt minors, or incur sexual assault or harassment to minors.

It is forbidden to coerce, induce or abet a minor to participate in the organizations of the nature of criminal gangs or engage in illegal or criminal activities.

It is forbidden to coerce, cajole or use minors to beg.

Article 55 The production and sale of food, drugs, toys, utensils, games and recreational equipment and facilities for minors shall conform to the national or industrial standards, and shall not endanger the personal safety and physical and mental health of minors. The producers of the above-mentioned products shall indicate matters needing attention in a prominent position, and those without matters needing attention shall not be sold.

Article 56 Public places where minors gather shall meet the national or industrial safety standards, and appropriate safety protection measures shall be taken. The facilities that may have safety risks shall be regularly maintained and safety warnings shall be set at prominent positions, indicating the age range and precautions; when necessary, special personnel shall be arranged to take care.

The operation units of large shopping malls, supermarkets, hospitals, libraries, museums, science and technology museums, amusement parks, stations, ports, airports, scenic spots and other places shall set up a security alarm system for searching for lost minors. After receiving a request for help, the operation unit shall immediately start the security alarm system, organize personnel to search and report to the public security organ.

When an emergency occurs in a public place, priority shall be given to rescuing minors.

Article 57 When hotels, guesthouses, restaurants and other accommodation operators receive minors to stay in, or when they receive minors and adults to stay together, they shall inquire about the contact information of minors' parents or other guardians, the relationship of the persons who stay in, and other relevant information; in case of finding people who stay in suspicious of breaking the law or committing a crime, the operator shall immediately report to the public security organ and contact the minor's parents or other guardians in time.

Article 58 It is forbidden to set up commercial entertainment venues, bars, internet service places and other places that are not appropriate for minors on the periphery of schools and kindergartens. Business operators of singing and dancing entertainment venues, bars and internet service places that are not appropriate for minors shall not allow minors to enter; electronic game equipment in entertainment places shall not be open to minors except for national statutory holidays. Business operators shall set up signs of no entry or restricted entry for minors in prominent positions; in case it is difficult to determine the age of a buyer, he shall be required to show his identification document. 

Article 59 No tobacco, alcohol or lottery sales outlets shall be set up on the periphery of schools or kindergartens. It is forbidden to sell cigarettes, alcohol, lottery tickets or cash lottery prizes to minors. The operators of tobacco, alcohol and lottery tickets shall set up signs of not to sell tobacco, alcohol or lottery tickets to minors in prominent positions; in case it is difficult to determine the age of a person, he shall be required to show his identity document.

No person is allowed to smoke or drink alcohol in schools, kindergartens or other public places with gatherings of minors.

Article 60 It is forbidden to provide or sell controlled knives or other instruments that may cause serious injury to minors. In case it is difficult for the business operator to ascertain the age of a buyer, he shall be required to show his identity document.

Article 61 No organization or individual may recruit any minor under the age of 16, except where otherwise prescribed by the State.

Commercial entertainment places, bars, internet service places and other places where the activities held are not appropriate for minors shall not recruit minors over the age of 16.

Units and individuals that recruit minors over the age of 16 shall implement the regulations of the State on types of work, working hours, labor intensity and protective measures, and shall not arrange them to engage in excessively heavy, toxic, harmful and other labor or dangerous operations that endanger the physical and mental health of minors.

No organization or individual may organize minors to participate in performances or other activities that endanger their physical and mental health. Where minors participate in performances, program production and other activities with the consent of the parents or other guardians of minors, the organizers of the activities shall, in accordance with the relevant regulations of the State, protect the lawful rights and interests of minors.

Article 62 When recruiting staff, units that have close contact with minors shall inquire the public security organs and the people's procuratorates whether the candidates have records of illegal or criminal acts including sexual assault, maltreatment, abduction and trafficking, and violence; if it is found that a candidate has the record of the above-mentioned behaviors, he shall not be employed.

Units that have close contact with minors shall regularly conduct annual check of their staff members' records of the above-mentioned illegal and criminal acts. If the employee is found to have the above-mentioned behaviors through inquiry or other means, he shall be dismissed in time.

Article 63 No organization or individual shall conceal, destroy or illegally delete the letters, diaries, e-mails or other online communications of minors.

Except for the following circumstances, no organization or individual shall open or consult the letters, diaries, e-mails or other online communications of minors:

(1) The parents or other guardians of a minor with no capacity for performing civil juristic acts may open and check the documents on behalf of the minor;

(2) To conduct inspection in accordance with the law for the purpose of national security or the investigation of criminal offences;

(3) In emergency and in order to protect the personal safety of minors.

Chapter V 

Internet Protection

Article 64 The State, society, school and family shall cultivate and enhance minors' internet literacy by enhancing relevant publicity and education, enhance their awareness and ability of scientific, civilized, safe and rational use of the Internet, and protect their lawful rights and interests in cyberspace.

Article 65 The State encourages and supports the creation and dissemination of online content conducive to the healthy growth of minors, and encourages and supports the research, development, production and use of internet technologies, products and services that specifically serve minors and are appropriate for their physical and mental health.

Article 66 The cyberspace affairs department and other relevant departments shall strengthen the supervision and inspection of the internet protection of minors, punish the use of the internet to engage in activities endangering the physical and mental health of minors, and provide a safe and healthy network environment for minors.

Article 67 The cyberspace affairs department shall, in conjunction with the departments of public security, culture and tourism, press and publication, film, radio and television, determine the types, scope and standards of online information that may affect the physical and mental health of minors according to the needs of protecting minors at different ages.

Article 68 The departments of press and publication, education, health, culture and tourism, and cyberspace affairs shall regularly carry out publicity and education on the prevention of minors' addiction to the internet, supervise the online products and service providers to fulfill their obligations of preventing minors' addiction to the internet, and guide families, schools, and social organizations to cooperate with each other and take scientific and reasonable measures to prevent and intervene the internet addiction of minors.

No organization or individual shall be allowed to intervene the internet addiction of minors in the way of infringing their physical and mental health.

Article 69 The internet service facilities provided by schools, communities, libraries, cultural centers, youth palaces and other places for minors shall be installed with network protection software for minors, or adopt other technical measures for security protection.

Manufacturers and sellers of intelligent terminal products shall install juvenile internet protection software on the products, or inform users of the installation channels and methods of juvenile network protection software in a prominent way.

Article 70 Schools shall reasonably use the internet to carry out teaching activities. Without the permission of the school, students are not allowed to bring mobile phones and other intelligent terminal products into the classroom, and those brought into the school should be managed in a unified way.

In case a school discovers that a student is addicted to the internet, the school shall inform his parents or other guardians in time, and educate and guide the minor student jointly with his parents or other guardians to help him resume his normal study and life.

Article 71 Parents or other guardians of minors shall improve their internet literacy, regulate their own internet use, and strengthen their guidance and supervision of minors' internet use.

Parents or other guardians of minors shall, by installing network protection software for minors on intelligent terminal products, selecting service modes and management functions appropriate for minors, prevent minors from harmful online information or information which may affect their physical and mental health, and reasonably arrange the time for minors to use the network, and effectively prevent minors from addiction to the internet.

Article 72 An information processor shall, in processing personal information of minors through the internet, follow the principle of lawfulness, justification and within a necessary limit. In handling personal information of minors under the age of 14, the consent of the parents or other guardians of the minors shall be obtained, except as otherwise prescribed by laws and administrative regulations.

If the minors, their parents or other guardians require the information processor to correct or delete the personal information of the minors, the information processor shall take timely measures to correct or delete the personal information of the minors, except as otherwise prescribed by laws and administrative regulations.

Article 73 The network service provider shall, upon discovering that a minor publishes private information through the network, prompt him in time and take necessary protective measures.

Article 74 Internet products and service providers shall not provide minors with products or services that induce them to indulge in the internet.

Internet service providers of online games, online live broadcasting, online audio and video, and online social networking should set up appropriate time management, authority management, spending management and other functions for minors who use the services.

Online education network products and services for minors shall not insert online game links, push advertisements and other information irrelevant to teaching.

Article 75 Online games shall be operated only after being approved in accordance with law.

The State shall establish a unified electronic identity authentication system of online games for minors. Online game service providers shall require minors to register and log in online games with their real identity information.

Online game service providers shall, in accordance with the relevant regulations and standards of the State, classify game products, provide age-appropriate tips, and take technical measures to prevent minors from having access to inappropriate games or game functions.

Online game service providers shall not provide services to minors from 22:00 to 8:00 the next morning every day.

Article 76 The online broadcast service provider shall not provide the account registration service of the online broadcast publisher for minors under the age of 16; when providing the service for minors who have reached the age of 16, the provider shall authenticate the minor's identity information and obtain the consent from his parents or other guardians.

Article 77 No organization or individual shall abuse, slander, threaten or maliciously damage through the internet the image of minors by words, pictures, audio or video or other forms.

Minors who are subject to internet bullying and their parents or other guardians have the right to inform the network service provider to take measures including deleting, blocking and disconnecting links. After receiving the notice, the network service provider shall take necessary measures to stop the internet bullying and prevent the information from spreading.

Article 78 The providers of network products and services shall establish convenient, reasonable and effective channels for complaints and reports, disclose methods about complaints and reports and other information, and timely accept and handle complaints and reports involving minors.

Article 79 Any organization or individual who discovers that online products or services contain information harmful to the physical and mental health of minors has the right to complain or report to the online products or service providers or the departments of cyberspace affairs, public security and other departments.

Article 80 If a network service provider discovers that a user publishes or disseminates information that may affect the physical and mental health of minors and fails to give a prominent prompt, the service provider shall give a prompt or notify the user to give a prompt; if no prompt is given, no relevant information shall be transmitted.

If a network service provider discovers that a user publishes or disseminates information that is harmful to the physical and mental health of minors, it shall immediately stop transmitting the relevant information, take measures such as deleting, blocking or disconnecting the link, keep the relevant records, and report to the departments of cyberspace affairs, public security and other departments.

If a network service provider discovers that a user has committed an illegal or criminal act against a minor by using its network service, it shall immediately stop providing network service to the user, keep relevant records, and report to the public security organ.

Chapter VI 

Protection by the Government

Article 81 The departments of the people's governments above the county level responsible for the specific work of the coordination mechanism for the protection of minors shall specify the relevant internal organs or specialized personnel to be responsible for the protection of minors.

Town and township people's governments and subdistrict offices shall set up work stations for the protection of minors or appoint special personnel to handle relevant affairs of minors in a timely manner, and shall support and guide the residents' committees or villagers' committees to set up special posts and appoint special personnel to protect minors.

Article 82 People's governments at all levels shall incorporate family education guidance services into urban and rural public service systems, carry out publicity of family education knowledge, and encourage and support relevant people's organizations, enterprises, institutions and social organizations to provide family education guidance services.

Article 83 People's governments at all levels shall guarantee the right of minors to education, and take measures to ensure that the left-behind minors, those in difficulties and those with disabilities receive compulsory education. 

The administrative department of education shall order the parents or other guardians of minors not completing compulsory education to send them to schools for compulsory education.

Article 84 People's governments at all levels shall promote nurseries and pre-school education, do a good job in running infant care service institutions and kindergartens, and support social forces to set up maternal and infant rooms, infant care service institutions and kindergartens in accordance with law.

Local people's governments above the county level and relevant departments shall cultivate and train the care and teaching personnel of infant care service institutions and kindergartens to improve their professional ethics and capability.

Article 85 People's governments at all levels shall promote vocational education, ensure that minors can receive vocational education or vocational skills training, and encourage and support people's organizations, enterprises, institutions and social organizations to provide vocational skills training services for minors.

Article 86 People's governments at all levels shall ensure that disabled minors who are capable of receiving general education and can adapt to campus life receive education in general schools and kindergartens nearby; disabled minors who do not have the ability to receive general education are guaranteed to receive preschool education, compulsory education and vocational education in special education schools and kindergartens.

People's governments at all levels shall guarantee the conditions for running schools and kindergartens for special education, and encourage and support social forces to run such education.

Article 87 The local people's government and relevant departments shall guarantee the campus security, supervise and guide the schools, kindergartens and other units to fulfill their responsibilities for the security of the campus, and establish a mechanism for reporting, handling and coordinating emergencies.

Article 88 Public security organs and other relevant departments shall, in accordance with law, maintain public security and traffic order around the campus, and set up surveillance equipment and traffic safety facilities to prevent and stop illegal and criminal acts against minors.

Article 89 Local people's governments shall establish and improve venues and facilities suitable for minors, support the construction and operation of public welfare venues and facilities for minors, encourage social forces to set up venues and facilities suitable for minors, and strengthen their management.

Local people's governments shall take measures to encourage and support schools to open cultural and sports facilities to minors free of charge or with preferential treatment on national statutory holidays, off-work days and winter and summer holidays.

Local people's governments shall take measures to prevent any organization or individual from occupying or damaging the venues, buildings and facilities of schools, kindergartens, infant care service institutions and other places for minors' activities.

Article 90 The people's governments at various levels and relevant departments shall give guidance on health care and nutrition to minors and provide health care services to minors.

The health department shall regulate the vaccination of minors in accordance with law, prevent and treat the common and frequently occurring diseases of minors, strengthen supervision and management of the prevention and treatment of infectious diseases, conduct injury prevention and intervention, and guide and supervise the health care work of schools, kindergartens and infant care service institutions.

The administrative department of education should enhance the mental health education of minors, and establish the early detection and timely intervention mechanism of mental problems of minors. The health department should conduct psychological treatment, psychological crisis intervention, early identification, diagnosis and treatment of mental disorders.

Article 91 People's governments at all levels and relevant departments shall provide classified security for minors in difficulties, and take measures to meet their basic needs in life, education, safety, medical rehabilitation, housing and other aspects.

Article 92 Under any of the following circumstances, the civil affairs department shall, in accordance with law, exercise temporary guardianship over a minor:

(1) A minor wandering or begging, or with his identity unknown, whose parents or other guardians cannot be found temporarily;

(2) The guardians' whereabouts are unknown, and no other person can act as the guardian;

(3) The guardians are unable to perform the duty under guardianship due to objective reasons or natural disasters, accidents, public health incidents and other emergencies, resulting in the lack of guardianship of a minor;

(4) The guardians refuse or are indolent to perform the duty under guardianship, which leads to a minor being left unattended;

(5) The guardians instigate and use a minor to commit crimes, and the minor needs to be taken away from the guardians and placed;

(6) Minors who are seriously injured by their guardians or face threats to their personal safety need to be placed in emergency;

(7) Other circumstances provided by law.

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