Chapter III - Schools and Other Educational Institutions

Article 25 The state shall formulate plans for educational development and institute schools and other educational institutions. The state shall encourage enterprises, institutions, mass associations, other social organizations and private citizens to establish schools and other educational institutions according to law. Any organization or individual may not establish schools or other educational institutions for the purpose of making profit.

Article 26 The establishment of schools or other educational institutions shall be subject to the following requirements of availability:

(1) organized institution and constitution;
(2) qualified teachers;
(3) teaching and learning rooms, facilities and equipment that meet the prescribed standards;
(4) funds necessary for operation of the school and steady source of capital injection.

Article 27 The establishment, change or termination of a school or other educational institution shall go through procedures of examination, approval, registration or record according to corresponding state stipulations.

Article 28 A school or other educational institution shall exercise following rights:

(1) autonomous management according to constitution;
(2) organizing and conducting educational activities:
(3) recruiting students or other education receivers;
(4) exercising school administration over education receivers and awarding prize or imposing punishment;
(5) awarding corresponding schooling credentials upon education receivers;
(6) employing teachers or other staff and awarding prizes or imposing punishments;
(7) managing and using facilities and capitals of the own unit;
(8) refusing to accept any illegal interference into the educational and teaching/learning activities by any organization or individual;
(9) other rights as provided for by the law and regulations.

The state shall protect schools and other educational institutions from breach of their legitimate rights and interests.

Article 29 Schools and other educational institutions shall perform following duties:

(1) obeying the law and regulations;
(2) implementing the state directives on education, practising the state educational and teaching/learning standards and guaranteeing the quality of teaching and learning;
(3) safeguarding the legitimate rights and interests of the education receivers, teachers and other staffs;
(4) providing convenience in a proper manner for education receivers and their guardians to be informed of the receivers’ school achievements and other results;
(5) charging fees according to relevant state prescriptions and making public the charges;
(6) submitting to supervision according to law.

Article 30 Schools and other educational institutions sponsors shall decide on the management of schools and other educational institutions according to concerned state regulations. Headmasters or chiefs of schools and other educational institutions shall be those who are of the Chinese nationality, residing in the territory of China and fit for the conditions prescribed by the state. Their appointment and removal shall be made according to corresponding procedures provided for by the state. Headmasters of schools shall be held responsible for teaching/learning activities and administration.

Schools and other educational institutions shall guarantee the participation of teachers and staffs in democratic management and supervision through the organic form such as the teachers and staffs congress mainly consisting of teachers in accordance with relevant provisions of the state.

Article 31 Schools and other educational institutions who have satisfied conditions for legal persons shall obtain the status of legal persons from the date of approval or registration of legal persons. Schools and other educational institutions shall enjoy civil rights and interests and bear civil liabilities in civil activities according to law. State owned assets of schools and other educational institutions shall be within the ownership of the state. Enterprises sponsored by schools and other educational institutions shall solely undertake civil liabilities of their own.