Vocational Education Law of the People's Republic of China

(Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996, and revised at the 34th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 20, 2022)

Contents

Chapter I   General Provisions

Chapter II   Vocational Education System

Chapter III  Implementation of Vocational Education

Chapter IV  Vocational Schools and Vocational Training Institutions

Chapter V  Teachers and Educatees in Vocational Education

Chapter VI  Support for Vocational Education

Chapter VII  Legal Liability

Chapter VIII  Supplementary Provisions

Chapter I

 General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of boosting the high-quality development of vocational education, improving the quality and technical skills of workers, promoting employment and entrepreneurship, turning China into a leading country in education and human resources as well as a country that values skills.

Article 2 For the purposes of this Law, "vocational education" refers to vocational school education, vocational training and the like, which is provided in order to train high-quality technicians and skilled workers and equip educatees with professional ethics, scientific and cultural literacy, expertise, technical skills and other qualities and capacities as required for a certain profession or the career development.

Specialized training provided by state organs and public institutions for their employees shall be governed by separate laws or administrative regulations.

Article 3 Vocational education is a type of education as important as general education. It is a major constituent of the national education system and human resource development, and an important means to train diverse talents, pass on technical skills, and promote employment and entrepreneurship.

The state vigorously pursues the development of vocational education and its reform to enhance its quality and adaptability. The system of vocational education is developed and improved to meet the needs to develop the socialist market economy and achieve social progress and conform to the laws governing the growth of technicians and skilled workers, which will provide strong intellectual and technical support for building a modern socialist country in all aspects.

Article 4 Vocational education shall be pursued under the leadership of the Communist Party of China in accordance with the socialist values and national education policies. Moral education and skills training are equally important, and businesses are involved in the course of vocational education. Vocational education shall be sensitive to market needs and promote employment and shall focus on practical skills and capacity building. It shall also serve the needs of each and every individual according to their specific conditions while increasing accessibility and suitability for all.

The core socialist values shall prevail in the implementation of vocational education. Ideological and political education and the education on professional ethics shall be carried out to celebrate role models and cultivate the spirit of hardworking and craftsmanship. Knowledge shall be imparted to equip students with scientific understanding, cultural literacy, and expertise. Technical skills training and vocational guidance shall be provided for the educatees to enhance their qualities in an all-round way.

Article 5 Citizens shall have the right to receive vocational education in accordance with the law.

Article 6 Vocational education shall be offered in the principle of tiered management with the government conducting overall planning and local authorities assuming main responsibilities. It shall feature guidance from industry organizations, cooperation between schools and businesses, as well as participation of the general public.

Article 7 The people's governments at all levels shall incorporate the development of vocational education into their national economic and social development plans and align it with employment and entrepreneurship promotion, transformation of the growth model, industrial structure adjustment, and technological improvement and upgrading.

Article 8 The State Council shall establish a vocational education work coordination mechanism to coordinate vocational education at the state level.

The education administrative department under the State Council shall be responsible for overall planning, coordination and macro-management of vocational education. The education administrative department, the human resources and social security administrative department and other relevant departments under the State Council shall take charge in their assigned areas of responsibility concerning vocational education in accordance with the mandate from the State Council.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen leadership in vocational education in their respective administrative areas, specify the responsibilities of the people's governments of cities divided into districts and counties in this area, so as to coordinate the development of vocational education, and organize supervision, guidance and assessment.

Relevant departments of the local people's governments at or above the county level shall strengthen communication and cooperation to jointly advance vocational education.

Article 9 The state shall encourage the development of multiple levels and forms of vocational education, advance vocational education carried out by diverse entities, and support extensive and equal participation by various sectors of society in vocational education.

The state shall give play to the role of businesses as important education providers, promote their deeper participation in vocational education, and encourage them to offer high-quality vocational education programs.

Departments in charge of relevant industries, people’s organizations such as trade unions and the China Vocational Education Association, industry organizations, enterprises, and public institutions shall, in accordance with the law, fulfill their obligations in vocational education implementation and engage in, support or conduct vocational education.

Article 10 The state shall adopt measures to promote education for skilled workers and technicians, and improve the overall qualities of industrial workers.

The state shall adopt measures to support vocational education oriented towards the rural areas, organize training on farming skills, entrepreneurship and labor skills for people returning to the countryside, and vocational training, so as to train high-quality people for rural revitalization.

The state shall adopt measures to support the development of vocational education in old revolutionary base areas, ethnic minority areas, remote areas and underdeveloped areas.

The state shall adopt measures to offer various forms of vocational education to job-transferring, reemployed and unemployed persons and special groups, and support the development of vocational education for people with disabilities.

The state shall guarantee women’s equal right to receive vocational education.

Article 11 In implementing vocational education, education standards or training programs shall be formulated based on job classification, occupational standards, and career development requirements to meet the needs of economic and social development. A certification system shall be in place, which confers academic diploma and other school certificates, training certificates, vocational qualification certificates and vocational skill level certificates.

The state practices a system whereby workers shall receive necessary vocational education prior to employment or job assignment.

Article 12 The state shall adopt measures to improve the social status and treatment of people with advanced technical skills, in an effort to build a society that respects hard work, skills, and creativity.

The state commends and awards organizations and individuals that have made outstanding achievements in promoting vocational education in accordance with relevant provisions.

The second week of May every year shall be recognized as the Vocational Education Week.

Article 13 The state shall encourage international exchanges and cooperation on vocational education, support introduction of high-quality overseas resources for the development of vocational education, encourage vocational education institutions with viable conditions to provide education overseas, and support mutual recognition of vocational education learning results in various forms.

Chapter II

 Vocational Education System

Article 14 The state puts in place a sound modern vocational education system that meets the needs of economic and social development, engages programs with businesses, puts equal emphasis on both school-based vocational education and vocational training, integrates vocational education with general education, coordinates different levels of vocational education, and serves lifelong learning of all people.

The state shall improve the educational structure, balance educational resources, and advance the coordinated development of vocational education and general education at different stages after the completion of compulsory education based on local conditions.

Article 15 School-based vocational education shall be divided into secondary and higher school-based vocational education.

Secondary school-based vocational education shall be provided by secondary vocational schools (including technical schools) at the level of senior secondary education.

Higher school-based vocational education shall be provided by higher vocational schools and regular higher education institutions at or above the junior college level and the undergraduate education level. According to the provisions on the establishment of higher vocational schools, eligible technician colleges shall be classified into the class of higher vocational schools.

Other schools, education institutions, or eligible enterprises and industry organizations may provide corresponding levels of school-based vocational education or courses for credit included in students training programs in accordance with the overall planning of education administrative departments.

Article 16 Vocational training includes pre-recruitment training, on-the-job training, re-employment training, and other vocational training. It may be implemented in a tiered and category-based manner according to actual conditions.

Vocational training may be provided by the corresponding vocational training institutions and/or vocational schools.

Other schools, education institutions, enterprises or social organizations may provide various forms of vocational training for the general public in accordance with the law based on their education capability and market demand.

Article 17 The state puts in place a sound mechanism for certification, accumulation and conversion of credits, qualifications and other learning outcomes in school education and vocational training at various levels and categories, and advances the building of a national credit bank for vocational education, so as to promote the convertibility between and mutual recognition of learning outcomes in vocational education and general education.

Military vocational skill levels shall be incorporated into the national vocational qualification certification and vocational skill level evaluation system.

Article 18 Education institutions for people with disabilities shall provide vocational education for people with disabilities, and on top of that, vocational schools and vocational training institutions at various levels and categories, as well as other institutions of education shall accept disabled educatees in accordance with relevant state regulations, build an accessible environment for educatees with disabilities, and provide necessary assistance and convenience for their study and life.

The state adopts measures to support the separate or joint provision of vocational education for people with disabilities by education institutions for people with disabilities, vocational schools, vocational training institutions and other education institutions.

Teachers engaged in special needs vocational education for people with disabilities may enjoy special education benefits in accordance with relevant regulations.

Article 19 The education administrative departments of people's governments at or above the county level shall encourage and support regular primary and secondary schools and regular higher education institutions in setting curricula relevant to vocational education as needed to offer career enlightenment, deepen students’ understanding of career and create related experiences, and in providing career planning guidance as well as education through labor; and shall organize and guide, inter alia, vocational schools, vocational training institutions, enterprises and industry organizations in creating conditions and offering support.

Chapter III

Implementation of Vocational Education

Article 20 The education administrative department under the State Council shall, in conjunction with relevant departments, organize the formulation and revision of the catalog of specializations under vocational education, improve teaching and other standards for vocational education, and provide macro regulation of and guidance on the compilation of teaching materials for vocational schools, based on the needs of economic and social development and the characteristics of vocational education.

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 leading and an exemplary role, and provide guidance and support for vocational schools and vocational training institutions set up by non-government entities in accordance with the law.  

The state adopts measures to push ahead new specializations needed in advanced manufacturing and other industries and supports the development of high-level vocational schools and specializations according to the industrial layout and the developmental needs. 

The state adopts measures to accelerate the training of technicians and skilled workers in, inter alia, childcare, nursing, recuperation, and housekeeping.

Article 22  The people's governments at the county level may form central vocational schools to provide various forms of vocational education and offer practical technical training based on the needs of the county’s economic and social development.

Education administrative departments may instruct central vocational schools to provide guidance on education and teaching, education quality evaluation, teachers training and other public management and services in relation to vocational education.

Article 23 Departments in charge of industries shall strengthen guidance on vocational education to meet the industrial and sector’s demand for human resources, and release information on such demand on a regular basis. 

Departments in charge of industries, people’s organizations such as trade unions and the China Vocational Education Association, and industry organizations may, as needed, participate in the formulation of the catalog of specializations under vocational education as well as relevant standards for vocational education, issue forecasts on demand for human resources, carry out research on career development, provide relevant information consultancy services, foster service organizations of industry-education integration to match supply with demand, independently or jointly establish vocational schools and vocational training institutions, and organize, coordinate, and provide guidance for relevant enterprises, public institutions and social organizations to set up vocational schools and vocational training institutions. 

Article 24 An enterprise shall provide vocational education for its incumbent and prospective employees in a planned way based on its actual conditions, and may set up full-time or part-time positions for providing vocational education. 

An enterprise shall implement the pre-service training system in accordance with relevant state regulations. Any worker it employs for a technical type of work must receive work safety education and technical training before service. Its workers engaged in a specific occupation (type of work) in relation to public security, personal health, life and property safety, or the like must receive training and obtain vocational qualifications or qualifications for special operations.

An enterprise shall include the vocational education status in its corporate social responsibility report.

 Article 25 Enterprises may independently or jointly establish vocational schools or vocational training institutions by using their capital, technology, knowledge, facilities, equipment, premises, management, and other factors.

Article 26 The state shall encourage, guide, and support the establishment of vocational schools and vocational training institutions by enterprises and other sectors of society in accordance with the law.

Local people's governments at all levels shall take measures such as service outsourcing and provision of student loans and scholarships to support vocational schools and vocational training institutions established by enterprises and other sectors of society in accordance with the law; and may also provide, inter alia, government subsidies, fund rewards and donation incentives to support non-profit vocational schools and vocational training institutions among them. Appropriate subsidies shall be granted with reference to per-student educational funding for public schools of corresponding levels and categories and other relevant funding standards.

Article 27 An enterprise that deeply engages in the integration between industry and education and in cooperation between enterprises and schools and plays an important role in improving the cultivation of technicians and skilled workers and promoting employment shall be rewarded in accordance with regulations. If an enterprise meets the qualifications and is recognized as an industry-education integration enterprise, it shall receive, inter alia, financial, fiscal and land support, as well as relief on tax and fee including reductions and exemptions of education surcharge and local education surcharge, in accordance with regulations.

Article 28  The founders that jointly establish a vocational school or vocational training institution shall sign an agreement on jointly establishing the organization that stipulates the rights and obligations of each party.

Local people's governments at all levels and departments in charge of industries shall support various sectors of society in participating in jointly establishing schools including various forms of vocational schools and vocational training institutions in accordance with the law.

Departments in charge of industries, trade unions and other people’s organizations, industry organizations, enterprises, and public institutions that entrust schools or vocational training institutions to provide vocational education shall sign entrustment agreements with them.

Article 29 People's governments at or above the county level shall step up the development of vocational education internship and practical training bases, and arrange for departments in charge of industries, trade unions and other people’s organizations, industry organizations, enterprises, etc., to establish high-level and specialized internship and practical training bases that are open for shared use, meet regional or industrial needs for vocational education, and serve the purpose of integrating industries with the education sector, in a bid to facilitate and support internships and practical training by vocational schools and vocational training institutions, and training by enterprises.

Article 30 The state promotes the apprenticeship with Chinese characteristics, encourages enterprises to set positions of apprentice in proportion to the total number of positions, and encourages and supports enterprises capable of training technicians and skilled workers, especially enterprises integrating production with education, to cooperate with vocational schools and vocational training institutions in providing apprenticeship training for new, incumbent and job-transferring employees, or join vocational schools in students enrollment and apprentices training through work-study programs. Relevant enterprises may receive subsidies in accordance with relevant provisions.

An enterprise and a vocational school which jointly enroll students and train apprentices through work-study programs shall sign an apprentice training agreement.

Article 31  The state encourages industry organizations, enterprises, etc. to participate in the development of teaching materials in vocational education and to incorporate new technologies, techniques, and concepts into the teaching materials. They may also dynamically update the contents by using loose-leaf materials, etc. The state supports the use of information technology and other modern teaching methods to develop learning resources such as online courses for vocational education, adopt new teaching methods and school management methods, and promote the application and integration of information technology in vocational education.

Article 32 The state provides platforms for technicians and skilled workers to exhibit their skills and competes in techniques by organizing vocational skills competitions and other events, and continues to train more high-quality technicians, skilled workers, craftsmen, and masters of craftsmanship.

Chapter IV

Vocational Schools and Vocational Training Institutions

Article 33 To establish a vocational school, the following basic conditions shall be met: 

(1) having an organizational structure and constitution;

(2) having qualified teachers and managerial personnel;

(3) having premises, facilities and equipment for teaching, internships and practical training, as well as curriculum systems, education resources, etc., which are commensurate with the size of vocational education provided and measures up to the prescribed standards and safety requirements; and

(4) having necessary funds and a stable funding source commensurate with its scale.

The establishment of a secondary vocational school shall be subject to the approval of a local people's government at or above the county level or a relevant department in accordance with the prescribed authority. The establishment of a higher vocational education institution providing junior college education shall be subject to the approval of the people's government of a province, an autonomous region or a municipality directly under the Central Government and be filed with the education administrative department under the State Council. The establishment of a higher vocational education institution providing education at or above the level of undergraduate education shall be subject to the approval of the education administrative department under the State Council.

Certain programs established by a higher vocational education institution providing junior college education to train high-end technicians and skilled workers which meet the conditions such as in-depth integration with industries, distinctive characteristics, and relatively high quality of training may be extended to undergraduate vocational education, with the approval of the education administrative department under the State Council.

Article 34 To establish a vocational training institution, the following basic conditions shall be met:

(1) having an organizational structure and a management system;

(2) having a curriculum system, teachers or other lecturers and managerial personnel suitable for the intended training;

(3) having premises, facilities and equipment that suit the intended training and meet safety requirements; and

(4) having corresponding funds.

The establishment, modification and termination of a vocational training institution shall be governed by relevant state regulations. 

Article 35 A public vocational school shall implement the system whereby the school principal bears overall responsibility under the leadership of the basic organization of the Communist Party of China at the vocational school which, in accordance with the Constitution and relevant rules of the Communist Party of China, leads the work of the school in all aspects and supports the principal in exercising his power independently and responsibly. A private vocational school shall set up and improve its decision-making mechanism in accordance with the law, strengthen the political function of the school’s Communist Party of China organization, and ensure that it plays an effective role in the decision-making, supervision and implementation of important matters of the school.

The school principal shall be fully responsible for the teaching, scientific research and other administrative management of the school. The principal shall exercise his power through the principal's executive meeting or the school affairs meeting, and accept supervision under the law. 

A vocational school may solicit opinions of the representatives of industry organizations, enterprises, school graduates and other parties, in forms of consultation and inquiry, etc., so as to give play to their roles in participating in and supporting the school development.

Article 36 A vocational school shall operate in accordance with the law and conduct self-management in keeping with its constitution.

A vocational school may conduct the following activities in education:

(1) independently setting specialization programs in accordance with the law to meet industry demand;

(2) formulating educational programs based on vocational education standards, and independently selecting or compiling teaching materials in accordance with the law;

(3) making independent decisions on the training system and teaching process as needed for training technicians and skilled workers;

(4) making appropriate adjustments to the duration of study and implementing a flexible training system based on the basic one; and

(5) independently employing teachers in accordance with the law.

Article 37 The state establishes an entrance examination and enrollment system in line with the characteristics of vocational education.

Secondary vocational schools may, in accordance with state regulations, cooperate with higher vocational schools to carry out integrated education in terms of enrollment and training for certain programs.

A higher vocational school may enroll students by evaluating both literacy and vocational skills in accordance with relevant state regulations. It may also admit technicians and skilled workers who have made outstanding contributions if they pass the evaluation.

The education administrative departments of the people's governments at or above the provincial level shall, in conjunction with the relevant departments of the people's government at the same level, establish a unified enrollment platform for vocational education, which releases information on all schools providing vocational education and their specialization programs, enrollment and other information, and provides services enabling inquiry, application, etc.

Article 38 A vocational school shall strengthen the enforcement of its school values, academic code of conduct of students, and ethical standards and sense of dedication of teachers, so as to create a good learning environment, and ensure the quality of education.

Article 39 A vocational school shall have in place a sound employment and entrepreneurship promotion mechanism, and provide students with employment and entrepreneurship services such as career planning, vocational experience, and job-seeking guidance, so as to enhance the employability and entrepreneurial capabilities of students.

Article 40 Vocational schools and vocational training institutions shall focus on the integration with industries and cooperate with enterprises when providing vocational education.

Vocational schools and vocational training institutions may cooperate with industry organizations, enterprises, and public institutions in various forms such as jointly establishing vocational education institutions, forming vocational education groups, and providing customized training.

The state encourages vocational schools to establish a cooperation mechanism with relevant industry organizations, enterprises and public institutions in the aspects of enrollment and employment, formulation of educational programs, recruitment of teachers, specialization programs, courses setting, development of teaching materials, design and practice of teaching, quality evaluation, scientific research, technical services, commercialization of research results, as well as construction of technological and skills innovation platforms, specialized technology transfer institutions, and internship and practical training bases, etc. A cooperation agreement shall be signed by both parties to specify their respective rights and obligations.

Article 41 Vocational schools and vocational training institutions shall use the revenue generated from their cooperation with businesses, provision of social services, or business activities conducted by affiliated enterprises for the purpose of internship and training, to improve educational conditions. They may use a certain proportion of the revenue as remunerations for the teachers, enterprise experts, non-staff employees and educatees and as a source of performance-based payment, which may not be limited by the quota for performance-based payment if relevant state regulations are met.

When a vocational school or a vocational training institution implements the activities specified in the preceding paragraph in compliance with relevant state regulations, it may enjoy corresponding preferential tax and fee policies.

Article 42 A vocational school shall charge tuition and other necessary fees in accordance with the prescribed fee rates and measures, and grant reduction or exemption if the conditions specified in the state regulations are met. It shall not illegally charge fees in the name of introducing jobs or arranging internships, etc.

A vocational training institution or a vocational school that provides training for the general public shall charge fees in accordance with the relevant state regulations.

Article 43 A vocational school or a vocational training institution shall have a sound education quality evaluation system, invite industry organizations and enterprises, among others, to participate in the evaluation, disclose relevant information in a timely manner, and accept supervisory guidance on education and public oversight.

The education administrative departments of the people's governments at or above the county level shall, in conjunction with relevant departments and industry organizations, establish a quality evaluation system in line with the characteristics of vocational education, organize or commission industry organizations, enterprises and third-party professional institutions to assess the education quality of vocational schools, and disclose assessment results in a timely manner.

Quality evaluation of vocational education shall be aimed at improving employment prospects, include professional ethics, technical and skill level and employment quality of educatees as important indicators, and guiding vocational schools in fostering high-quality technicians and skilled workers.

Relevant departments shall, in accordance with their respective duties, strengthen the supervision and administration of vocational schools and vocational training institutions.

Chapter V

Teachers and Educatees in Vocational Education

Article 44 The state guarantees the rights of vocational education teachers and improves their professional qualities and social status.

The people's governments at or above the county level and their relevant departments shall incorporate the training of vocational education teachers into the teachers capacity building plans and ensure that the vocational education teachers meet the needs of vocational education development.

Article 45 The state establishes a sound training system for vocational education teachers.　

The people's governments at all levels shall take measures to strengthen the professional training of vocational education teachers, encourage the formation of normal colleges and schools for vocational education teachers, and support higher education institutions in opening relevant programs for the training of vocational education teachers. They shall encourage industry organizations and enterprises to participate in the training of vocational education teachers.

Enterprises integrating production with education and businesses above the designated size shall allocate a certain proportion of practicing positions to teachers from vocational schools and vocational training institutions.

Article 46 The state puts in place a sound position establishment and job (professional title) evaluation system for vocational school teachers in line with the characteristics and development requirements of vocational education.

A vocational school’s teacher for specialization courses, including an internship instructor, shall have corresponding work experience or practical experience for a certain amount of time and have reached corresponding technical and skill level.

A managerial staff member, a technician, or any other person with expertise or special skills inside an enterprise or a public institution with viable conditions may serve as a full-time or a part-time vocational school teacher of specialization courses if he has received the training on teaching skills and passed relevant evaluations, and may be hired as a full-time teacher according to his technical title if he also obtains the teaching qualifications. Where he has obtained qualifications for being a vocational school teacher, the requirements for academic qualifications may be lowered based on specific circumstances.

Article 47 The state encourages vocational schools to recruit master technicians, model workers, skilled craftsmen, representative bearers of intangible cultural heritage and other high-skill talents to participate in talent cultivation, technology development, skills training, and other work by serving as full-time or part-time teachers of program courses, opening a work studio and other means.

Article 48 The state formulates basic standards for the staffing of vocational schools. Provinces, autonomous regions and municipalities directly under the Central Government shall, in line with the basic standards, formulate local standards for the staffing of vocational schools.

Local people's governments at or above the county level shall, based on the staffing standards, school sizes, and other factors, determine the staffing of public vocational schools. A certain proportion of the positions may be allocated to professional technicians and skilled workers publicly recruited by the vocational schools who will serve as full-time or part-time teachers.

Article 49 Vocational school students shall observe laws, regulations and codes of conduct for students, develop good professional ethics, values and habits, study hard, complete the prescribed learning tasks, participate in internships and practical training as required, and master technical skills.

The legitimate rights and interests of vocational school students shall be protected by law.

Article 50 The state encourages enterprises and public institutions to set up internship positions and offer internships to students from vocational schools and vocational training institutions. The entities that offer internships shall safeguard the rights of students to rest and leisure, work safety and health protection, insurance, vocational guidance, etc., during the internship in accordance with relevant regulations. These entities shall sign an internship agreement with students assigned to specific posts and provide them with appropriate remuneration.

Vocational schools and vocational training institutions shall strengthen the guidance to students in internships and practical training, enhance work safety education, arrange with the internship providers about selecting suitable positions for students based on their majors, and specify the content and standards of internships and practical training. It is prohibited to make students do internships and practical training irrelevant to their majors or to organize, arrange, or manage the internships and practical training of students through legal or illegal human resource service institutions or labor dispatch organizations, or through any individual illegally engaged in such businesses, in violation of relevant regulations.

Article 51 When a student receiving school-based vocational education meets the corresponding education requirements and passes the school evaluation, he shall receive a corresponding diploma. If a trainee receiving vocational training passes the evaluation conducted by the vocational training institution or the vocational school, he shall obtain a training certificate. If a trainee passes the evaluation conducted by a specialized institution operating in accordance with state regulations, he shall obtain the corresponding vocational qualification or a vocational skill level certificate.

Diplomas, training certificates, vocational qualification certificates and vocational skill level certificates shall be credentials for the practice of educatees in line with relevant state regulations.

A vocational skill level certificate, a training certificate or any other learning outcome obtained after the completion of vocational training, after being recognized by the vocational school, may be converted into credits. An educatee who meets the criteria of the vocational school may obtain a corresponding diploma.

If students receiving higher school-based vocational education meet the qualifications for degrees prescribed in the state regulations, they may apply for corresponding degrees in accordance with the law.

Article 52 The state establishes a reward and financial assistance system for vocational school students to reward particularly outstanding students, provide financial assistance for students in financial difficulties, and give appropriate preference treatment to students whose majors involve industries with harsh working conditions or special industries. The state adjusts rewards and financial assistance criteria in due course based on economic and social development.

The state supports enterprises, public institutions, social organizations and individual citizens in establishing vocational education scholarships and grants in accordance with relevant state regulations to commend outstanding students and provide financial assistance for students in financial difficulties.

A vocational school shall set aside a certain percentage of revenue from business or tuition in accordance with relevant state regulations as reward or financial assistance to students.

Relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall improve the system of financial assistance fund management of vocational schools and regulate its management and use.

Article 53 Vocational school students and students at same-level regular schools shall enjoy equal opportunities in, inter alia, further studies, employment, and career development.

Higher vocational schools and regular higher education institutions that provide vocational education shall set aside a certain proportion of places in their enrollment plans or adopt a separate examination method for admitting vocational school graduates.

People's governments at all levels shall level the playing field in terms of employment. An employer shall not set conditions on job application and recruitment that may block the access of vocational school graduates to equal employment and fair competition. State organs, public institutions and state-owned enterprises shall specify technical skills requirements when recruiting technicians and skilled workers, and use the level of technical skills as an important recruitment criterion. In public recruitment for positions with vocational skill level requirements, public institutions may appropriately lower the requirements for academic qualifications.

Chapter VI

Support for Vocational Education

Article 54 The state improves the structure of educational expenditure to suit vocational education funding to the developmental needs of vocational education, and encourages fundraising for the development of vocational education through various channels in accordance with the law.

Article 55 People's governments at all levels shall, in the principle of proportionality between administrative powers and expenditure responsibilities, guarantee funds for vocational education according to the scale, costs and quality of vocational education, and strengthen budget performance management to improve the efficiency of fund use.

People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate local per-student funding standards or public expenditure standards for vocational schools. The founder of a vocational school shall appropriate funds on time and in full in accordance with its per-student funding and public expenditure rules and continue to improve educational conditions. Tuition fees and revenue from social services shall not be offset against per-student appropriations.

The founder of a private vocational school shall raise funds through multiple channels by reference to the per-student funding standards for vocational schools at the same level.

No organization or individual may embezzle or deduct funds designated for vocational education from the government’s exclusive budget programs or private donations.

Article 56 Local people's governments at all levels shall make coordinated use of the funds available for vocational education from revenue collected as local educational surcharge, etc., and make good use of the unemployment insurance funds to support employees in improving their vocational skills.

Article 57 People's governments at all levels shall increase investment in vocational education oriented to rural areas and may set aside an appropriate amount of the funds for rural scientific and technological development as well as technology popularization to support rural vocational training.

Article 58 An enterprise shall, in accordance with the standards prescribed by the State Council, set aside funds according to a certain percentage of the total wages of employees to invest in employees education. The funds for employees education may be used for justifiable purposes such as establishment of a vocational education institution and vocational education for its employees and prospective employees. Such funds as are used to train its employees on the ground shall take up a proportion not lower than prescribed in the state regulations. An employer that sends an employee to receive vocational education in a vocational school or a vocational training institution shall pay him a salary in accordance with the law during the period he receives vocational education, and guarantee relevant benefits.

Incentives for vocational schools in land use, public utility fees and others shall apply mutatis mutandis to the expenses incurred by an enterprise in establishing an internship and practical training base with production and teaching functions featuring integration between industries and education.

Article 59 The state encourages financial institutions to support the development of vocational education by providing financial services.

Article 60 The state encourages enterprises, public institutions, social organizations and individual citizens to make donations to aid vocational education and encourages overseas organizations and individuals to fund or make donations to vocational education. The funds and donations must be used for vocational education.

Article 61 The state encourages and supports science and technology research on vocational education and development of teaching materials and resources, and advance the joint development and sharing of vocational education resources across regions, industries and sectors.

The state gradually puts in place an information collection and management system that reflects the characteristics and functions of vocational education.

People's governments at or above the county level and their relevant departments shall put in place a sound vocational education service and support system, and organize and guide trade unions and other people’s organizations, industry organizations, enterprises and schools, among others, to conduct activities such as research on and publicity and promotion of vocational education, as well as matching supply with demand in human resources.

Article 62 News media and parties related to vocational education shall actively promote public awareness of vocational education, and publicize the experience and success stories of model technicians and skilled workers, so as to create a good social atmosphere where everyone can acquire skills through hard work and put them to best use.

Chapter VII

 Legal Liability

Article 63 Where the Education Law of the People's Republic of China, the Labor Law of the People's Republic of China, or any other relevant law or regulation is violated in vocational education activities, a penalty shall be imposed under relevant laws and regulations.

Article 64 If an enterprise fails to provide vocational education for its employees and prospective employees or to set aside and use funds for the education of employees in accordance with this Law, the relevant departments shall order it to make corrections. If it refuses to do so, the people's government at or above the county level shall levy the funds for the education of employees that it should pay and use them for vocational education.

Article 65 When a vocational school or a vocational training institution violates this Law in vocational education activities, the education administrative department or any other relevant department shall order it to make corrections, or order it to suspend enrollment for rectification within a time limit, if the low quality of education and teaching or mismanagement has caused serious consequences. The department shall revoke its education permit or order its closure if it fails to make rectification within a specified time period or to meet the requirements after rectification is made.

Article 66 Where an entity that offers internships to students from a vocational school or a vocational training institution infringes upon the students’ rights to rest and leisure, work safety and health protection, insurance, or vocational guidance, etc., in violation of this Law, the entity shall bear corresponding legal liability in accordance with the law.

If a vocational school or a vocational training institution violates this Law by organizing, arranging, or managing the internships and practical training of students via a human resource service institution, a labor dispatch organization, or any organization or individual illegally engaged in human resource services or labor dispatch business, the education administrative department, the human resources and social security administrative department, or any other relevant department shall order it to make corrections, confiscate its illegal income, and impose a fine of not less than the amount but not more than five times the amount of illegal income. Any illegal income of less than RMB 10,000 yuan shall be counted as RMB 10,000 yuan for the calculation of the fine.

The human resources and social security administrative department, or any other relevant department shall order the human resource service institution, labor dispatch organization, or the organization or individual illegally engaged in human resource services or labor dispatch business as specified in the preceding paragraph to make corrections, confiscate its illegal income, and impose a fine of not less than the amount but not more than five times the amount of the illegal income. Any illegal income of less than RMB 10,000 yuan shall be counted as RMB 10,000 yuan for the calculation of the fine.

Article 67 If an employee of an education administrative department, a human resources and social security administrative department, or any other relevant department violates this Law by abusing power, neglecting duty, or playing favouritism and committing irregularities, he shall be sanctioned in accordance with the law. If the violation is criminally punishable, he shall be held criminally liable in accordance with the law.

Chapter VIII

Supplementary Provisions

Article 68 This Law shall also apply to the establishment of vocational schools and vocational training institutions by foreign organizations and nationals within the territory of China, unless otherwise provided by laws and administrative regulations.

Article 69 This Law shall come into force as of May 1, 2022.