Law of the People's Republic of China on Family Education Promotion
(Adopted at the 31st Meeting of the Standing Committee of the Thirteenth National People's Congress on October 23, 2021)
Contents
Chapter I General Provisions
Chapter II Family Responsibilities
Chapter III State Support
Chapter IV Collaboration Among All Societal Sectors
Chapter V Legal Liabilities
Chapter VI Supplementary Provision
Chapter I General Provisions
Article 1 This Law is enacted to carry forward the Chinese nation's fine tradition of attaching importance to family education, guide the whole society to value the significance of family, family education and family values, enhance family happiness and social harmony, and cultivate socialist builders and successors by fostering their all-round development in terms of moral, intellectual, physical, aesthetic and hard-working spirit development.
Article 2 "Family education" as mentioned in this Law refers to the education and guidance given to and the influence exerted on minors by parents or other guardians in their development of moral character, physical fitness, life skills, cultural literacy, habits and otherwise, with a view to facilitate their all-round and healthy growth.
Article 3 The fundamental task of family education is to foster minors' good character and civic virtue by promoting and practicing core socialist values and carrying forward fine traditional culture, revolutionary spirit, and advanced socialist culture, so as to advance the healthy growth of minors.
Article 4 The parents or other guardians of minors have the duty to provide family education.
The state and society shall provide guidance, support and services for family education.
State functionaries shall take the lead in fostering good family values and fulfilling their responsibilities for family education.
Article 5 Family education shall comply with the following requirements:
(1) following the rules for physical and mental development of minors and respect individual differences of minors;
(2) respecting minors' personal dignity, protect their privacy, personal information, as well as legitimate rights and interests;
(3) adopting science-based family education philosophy and methods that conform to the nature of family education;
(4) combining and harmonize family education with school education and social education;
(5) adopting flexible and diversified measures in light of the reality.
Article 6 The people's governments at all levels shall provide guidance on family education and establish a sound mechanism of school-family-society cooperation in educating students. Competent departments in charge of women and children related work under the people's governments at or above the county level shall organize, coordinate, guide, and supervise relevant departments to ensure quality work in family education. The administrative departments for education and women's federations shall coordinate social resources, collaborate to advance the building of a system to provide guidance on family education covering both urban and rural areas, and undertake the day-to-day work of family education pursuant to their respective responsibilities.
The departments for promoting cultural and ethical progress at or above the county level and the relevant departments of public security, civil affairs, judicial administration, human resources and social security, culture and tourism, public health, market regulation, radio and television, sports, press and publication, and cyberspace administration under the people's governments at or above the county level shall carry out the work of family education based on their respective responsibilities.
Article 7 The people's governments at or above the county level shall formulate special plans for the work of family education, incorporate guidance services on family education into the urban and rural public service systems and government procurement catalogues of services, include relevant expenditure in their fiscal budgets, and encourage and support the provision of guidance on family education through government procurement of services.
Article 8 The people's courts and people's procuratorates shall serve their functions, cooperate with the people's governments at the same level and the relevant departments thereof to establish a coordination mechanism for the family education work and jointly ensure quality work in family education.
Article 9 Trade unions, the Communist Youth League, the disabled persons' federations, the associations for science and technology, the working committees for caring the next generation, residents' committees and villagers' committees shall, based on their own work, actively carry out family education work and provide social support for family education.
Article 10 The state encourages and supports enterprises, public institutions, social organizations and individuals to provide family education services for the public good in accordance with law.
Article 11 The state promotes research on family education, encourages universities and colleges to offer specialized courses on it, supports normal universities and qualified institutions of higher learning to strengthen the development of academic disciplines in family education, train professionals in family education services, and carry out training programs for personnel engaging in such services.
Article 12 The state encourages and supports natural persons, legal persons and unincorporated organizations to make donations or provide voluntary services for the family education undertaking, and provides preferential tax treatment to those eligible in accordance with law.
The state shall commend and award organizations and individuals that have made outstanding contributions to the work of family education in accordance with relevant regulations.
Article 13 The week of May 15th, the International Day of Families every year, shall be the National Family Education Promotion Week.
Chapter II Family Responsibilities
Article 14 Parents or other guardians shall develop a sense of responsibility that the family is the first school and the parents are the first teachers for minors, bear the primary responsibility for minors' family education, and foster their integrity, moral conducts and habits with a fine philosophy, good methods and deeds.
Other family members with full capacity for performing civil juristic acts who live together with minors shall assist and cooperate with the parents or other guardians of minors in carrying out family education.
Article 15 The parents or other guardians of minors and other family members shall value the importance of family building, cultivate a positive and healthy family culture, establish and pass on fine family values, carry forward family virtues of the Chinese nation, jointly build a family relationships with civility and harmony and create an enabling family environment for the healthy growth of minors.
Article 16 The parents or other guardians of minors shall carry out family education in light of the physical and mental development of minors at different ages and take the following as guidance:
(1) to educate minors to uphold the Communist Party of China, love the country, the people, the community and endorse socialism, foster the value of safeguarding national unity, forging a strong sense of community of Chinese nation, and devote themselves to their families and country;
(2) to educate minors to be kind and virtuous, respect the elderly and take care of the young, love their families, be industrious and thrifty, unite and help each other, be honest and friendly, and abide by the law, and foster good social ethics, family virtues, personal character and awareness of the rule of law;
(3) to help minors develop a correct outlook on success, guide them to develop a wide range of interests, healthy aesthetics and good learning habits, and develop their spirit of scientific exploration, innovative thinking and abilities;
(4) to ensure that minors get balanced nutrition and science-based exercise, have sufficient sleep, and keep physical and mental well-being, guide them to adopt a healthy lifestyle and acquire good habits, and facilitate their mental and physical development;
(5) to keep a watchful eye on the mental health of minors, teach them to cherish their lives, educate them on knowledge about road safety, healthy use of the Internet, how to prevent being bullied, drowning, fraud, abduction and human trafficking, and sexual assault among other things, help them master safety knowledge and skills, and enhance their awareness and ability of self-protection;
(6) to help minors adopt a correct outlook on labor, take part in labor within their capacity, improve their ability to take care of themselves and live independently, and form a hardworking character trait and love of labor.
Article 17 When carrying out family education, the parents or other guardians of minors shall pay attention to the physical, psychological and intellectual development of minors, respect their rights to participate in family affairs and express their opinions, and employ the following means and methods properly:
(1) staying committed to parenting in person and strengthening companionship of parents;
(2) participating in the parenting jointly and both parents shall play a role in parenting;
(3) embedding education in everyday life;
(4) exercising invisible and formative influence on minors with teaching by both words and deeds;
(5) being strict and compassionate, with equal emphasis on tender care and strict requirements;
(6) respecting differences and giving science-based guidance pursuant to the age and personality of minors;
(7) having the sense of equal respect and showing respect, understanding and giving encouragement to minors;
(8) promoting mutual improvement that enables the parents to improve together with their children;
(9) other means and methods conducive to the all-round development and healthy growth of minors.
Article 18 The parents or other guardians of minors shall adopt a fine philosophy of family education, take the initiative to study the knowledge of family education, and conduct learning targeted at important periods such as pregnancy, and the minors’ entrance to infant and toddler care institutions, kindergartens, primary and secondary schools, so as to master science-based family education methods and improve the family education ability.
Article 19 The parents or other guardians of minors shall work closely with primary and secondary schools, kindergartens, infant and toddler care institutions and local communities, and actively participate in the activities providing guidance and practice on family education offered by such organizations for the public good so as to jointly facilitate the healthy growth of minors.
Article 20 If the parents of minors are separated or divorced, they shall cooperate with each other in fulfilling their responsibilities for family education. Neither party shall refuse or neglect to perform such duties. Unless otherwise provided by law, one party shall not hinder the other from carrying out family education.
Article 21 If the parents or other guardians of minors have entrusted others to take care of the minors pursuant to law, they shall keep in touch with the entrusted persons and the minors, learn about the minors’ academic performance, living conditions and psychological development on a regular basis, and fulfill the responsibilities of family education together with the entrusted persons.
Article 22 The parents or other guardians of minors shall properly arrange the time of minors for their study, rest, recreation and physical exercises, avoid increasing academic burden on minors and prevent minors from getting addicted to the Internet.
Article 23 The parents or other guardians of minors shall not discriminate against minors on account of their gender, physical conditions, or intelligence levels, shall not commit domestic violence, and shall not coerce, entice, abet, condone or exploit minors to engage in activities that are in violation of laws, regulations or social morality.
Chapter III State Support
Article 24 The State Council shall organize relevant departments to formulate, revise and promptly promulgate the national guidelines for family education.
The people's governments of provinces and cities divided into districts where conditions permit shall organize relevant departments to compile or adopt reading materials for family education guidance that are compatible with the local reality, and formulate corresponding standards and evaluation criteria for the guidance on family education.
Article 25 The people's governments at or above the provincial level shall organize relevant departments to coordinate efforts in building service platforms for information sharing on family education, start online parenting schools and online courses for the public good, set up service hot lines and provide online guidance services on family education.
Article 26 Local people's governments at or above the county level shall strengthen regulation, reduce excessive homework and off-campus tutoring for students in the stage of nine-year compulsory education, open up channels of communication between schools and families, and promote collaboration between school education and family education.
Article 27 Local people's governments at or above the county level and relevant departments shall build professional teams for guidance services on family education, strengthen the training of professionals, and encourage social workers and volunteers to participate in the guidance services on family education.
Article 28 Local people's governments at or above the county level may, in light of the local reality and needs, choose institutions of family education guidance through various channels and means.
Such institutions shall provide guidance to the parenting schools of communities and schools, and other sites of family education guidance services within the governments' jurisdictions, carry out research on family education, build teams of and give training to service personnel, and develop products of public services.
Article 29 Institutions of family education guidance shall provide timely services to families in need.
For families in which parents or other guardians have certain difficulties in fulfilling their responsibilities for family education, the institutions of family education guidance shall, in light of the actual situation, cooperate with relevant departments to provide targeted services.
Article 30 The people's governments of cities divided into districts, counties and townships shall take measures in line with the local reality, register and file the records of families with left-behind minors and minors in distress, provide them with caring services such as support in daily life, starting business and employment, and create conditions for the parents or other guardians of left-behind minors and minors in distress to carry out family education.
The administrative departments for education and women's federations shall take targeted measures, provide services that enable the parents or other guardians of minors left behind or in distress to carry out family education, and guide them to actively pay attention to the physical and mental health of minors and lead them to strengthen parental care for minors.
Article 31 When providing guidance services on family education, institutions of family education guidance shall not organize for-profit education and training activities or such activities in disguised forms.
Article 32 Marriage and adoption registration authority shall popularize family education knowledge and provide the parties registering for marriage or adoption with guidance on family education by on-site consultation and counseling and playing educational videos among others.
Article 33 Children welfare institutions and relief and protection agencies for minors shall provide family education guidance to the foster families arranged by them, and to the parents or other guardians of the minors who receive their assistance and protection.
Article 34 When hearing divorce cases, the people's courts shall provide guidance on family education to both spouses who have minor children.
Article 35 Women's federations shall help women to play a unique role in promoting family virtues of the Chinese nation and fostering good family values, promote and popularize family education knowledge, organize practice and provide guidance services on family education through various channels such as institutions of family education guidance, community-based parenting schools and the development of model families with social etiquette and civility.
Article 36 Natural persons, legal persons and unincorporated organizations may establish nonprofit family education service providers in accordance with law.
Local people's governments at or above the county level and relevant departments may adopt supportive measures such as government subsidies, rewards and incentives, and public procurement of services to help develop family education service providers.
The departments of education, civil affairs, public health, market regulation and other relevant authorities shall provide, within their respective scope of duties, guidance and supervision to family education service providers and their personnel pursuant to law.
Article 37 State organs, enterprises and public institutions, people's groups and social organizations shall incorporate the fostering of family values into the development of their organization culture and support their staff to participate in relevant service activities on family education.
Family education shall be an important part of developing model cities, towns and villages, organizations, communities, campuses and families with social etiquette and civility.
Chapter IV Collaboration Among All Societal Sectors
Article 38 Residents' committees and villagers' committees may utilize the public service facilities of urban and rural communities to set up community-based parenting schools and other sites for family education guidance services, work with institutions of family education guidance to organize activities promoting knowledge of family education for urban and rural residents, and provide the parents or other guardians of minors with guidance services on family education.
Article 39 Primary and secondary schools and kindergartens shall incorporate guidance services on family education into their work plans and include it in the professional training for teachers.
Article 40 Primary and secondary schools and kindergartens may, in light of the characteristics of minors at different ages, regularly organize guidance service activities and practice on family education for the public good, and promptly inform and urge the parents or other guardians of minors to participate.
Article 41 Primary and secondary schools and kindergartens shall, pursuant to the needs of parents, invite relevant individuals to lecture on the philosophy, knowledge and methods of family education, organize guidance service activities and practice on family education, and promote cooperation between families and schools in education.
Article 42 Primary and secondary schools and kindergartens where conditions allow shall, under the guidance of the administrative departments for education, support sites for family education guidance services to offer guidance on family education for the public good.
Article 43 Primary and secondary schools that find minor students seriously violating school rules and discipline shall stop and discipline such students in time, inform their parents or other guardians and provide targeted guidance services on family education. Any minor students who are found to have committed misbehaviors or serious misbehaviors shall be subjected to relevant laws and regulations.
Article 44 Infant and toddler care institutions and early childhood care and education institutions shall provide the parents or other guardians of minors with guidance services on family education such as science-based parenting guidance.
Article 45 Medical and health institutions, when providing services such as pre-marital health care, pregnancy and perinatal care, child health care and vaccination, shall popularize the knowledge of and provide guidance on science-based parenting and the early development of infants and toddlers to the relevant adults, the parents or other guardians of minors.
Article 46 Libraries, museums, cultural centers, memorial halls, art galleries, science and technology museums, stadiums and gymnasiums, youth and children's palaces, children's activity centers and other public cultural service institutions and patriotic education bases shall each year carry out promotion, guidance service activities and practice on family education regularly, and develop products of public cultural services on family education.
News media such as radio, television, newspapers, magazines and the internet platforms shall broadcast the correct knowledge of family education, disseminate science-based philosophy and methods of family education and foster a good social environment where family education is valued.
Article 47 Family education service providers shall strengthen self-regulation, establish standards for family education services, organize training for personnel engaging in such services, and improve their professional competence and ability.
Chapter V Legal Liabilities
Article 48 If a parent or any other guardian is found by the residents' committee, villagers' committee or women's federation of a minor's residence, employer of the parent or the guardian, primary or secondary school, kindergarten and any other relevant institution in close contact with the minor as refusing to fulfill or neglecting the responsibilities for family education, or illegally obstructing other guardians in carrying out family education, the aforementioned organizations shall criticize, educate, admonish or stop the violator, and supervise and urge the violator to accept guidance on family education when necessary.
If the parents or other guardians of minors have entrusted others to take care of the minors in accordance with law and the relevant departments find that the entrusted persons fail to fulfill their family education responsibilities pursuant to law, the provision of the preceding paragraph shall apply.
Article 49 In handling cases, where public security organs, people's procuratorates and people's courts find minors have committed serious misbehaviors or even delinquencies , or the parents or other guardians of minors have incorrectly carried out family education and infringed on the legitimate rights and interests of minors, the parents or other guardians of such minors shall be reprimanded pursuant to the actual conditions and may be ordered to accept guidance on family education.
Article 50 A government department or institution with responsibilities for family education, if having committed any of the following acts, shall be ordered by its superior organ or competent authority to make correction within a specified time limit; if the circumstances are serious, the person directly in charge and other directly responsible persons shall be sanctioned in accordance with law:
(1) failing to perform duties of family education;
(2) withholding, misusing, misappropriating, falsely reporting or falsely claiming funds for family education;
(3) other cases of abuse of power, dereliction of duty or malpractice for personal gain.
Article 51 Institutions of family education guidance, primary and secondary schools, kindergartens, infant and toddler care institutions and early childhood care and education institutions who fail to perform or incorrectly perform their duties of guidance on family education, shall be ordered by competent authorities to make correction within a specified time limit. In serious circumstances, the person directly in charge and other directly responsible persons shall be punished in accordance with law.
Article 52 Family education service providers, if having committed any of the following acts, shall be ordered by competent authorities to make correction within a specified time limit; for those who refuse to make correction or in serious circumstances, the competent authorities directly in charge of these service providers, shall order them to suspend business for rectification, revoke their business license or cancel their registration:
(1) failing to complete the establishment procedures pursuant to law;
(2) engaging in acts beyond the scope of licensed business or conducting false or misleading advertising that resulted in adverse consequences;
(3) infringing upon the legitimate rights and interests of minors and their parents or other guardians.
Article 53 If the parents or other guardians of minors commit domestic violence against minors in the course of family education, they shall be held legally accountable in accordance with the Law of the People's Republic of China on Protection of Minors and the Anti-Domestic Violence Law of the People's Republic of China.
Article 54 For those who have violated provisions of this Law, if their acts are found to be in violation of the administration of public security, administrative penalties shall be imposed on the offenders by the public security organ in accordance with law, and if their acts constitute a crime, they shall be held criminally liable in accordance with law.
Chapter VI Supplementary Provision
Article 55 This Law shall come into effect on January 1, 2022.