Education Law of the People's Republic of China (2021)

Chapter I General Provisions

Article 1

This Law is enacted in accordance with the Constitution with a view to developing the cause of education, improving the quality of the entire nation and promoting the modernization of material and cultural-ethical advancement.

Article 2

This Law shall be applicable to education of all types and at all levels offered within the territory of the People's Republic of China.

Article 3

For developing socialist education, the state shall uphold the leadership of the Communist Party of China, adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as its guidelines and follow the basic principles defined in the Constitution.

Article 4

Education is the basis of the socialist modernization drive, playing a decisive role in improving the overall quality of people, promoting people's well-rounded development, strengthening the innovation and creativity of our whole nation and achieving the great rejuvenation of the Chinese nation. The state shall ensure the priority to the development of educational undertakings.

The entire society should show concern for and give support to the development of educational undertakings.

The entire society should respect teachers.

Article 5

Education must serve the socialist modernization and the people, and must be combined with production, labor as well as social practice, in order to nurture a new generation of capable young people with sound moral grounding, intellectual ability, physical vigor, aesthetic sensibility, and work skills who will fully develop socialism and carry forward the socialist cause.

Article 6

Education shall adhere to setting the standard of morality and emphasizing the appropriate development of a person by cultivating the core socialist values among the educatees to increase their consciousness of social responsibility, creativity and their ability to cope with practical situations.

The state conducts education among educatees in patriotism, collectivism, and socialism, as well as in the importance of ideals, ethics, discipline, the legal system, national defense and national unity.

Article 7

For developing education, the fine traditional Chinese culture, revolutionary culture and advanced socialist culture shall be carried forward and promoted, and all other excellent achievements of human civilization shall be embraced.

Article 8

Educational activities shall conform to the state and public interests.

The state separates education from religion. No organization or individual may make use of religion to conduct activities that interfere with the educational system of the state.

Article 9

Citizens of the People's Republic of China shall have the right and obligation to receive education.

All citizens, regardless of ethnic group, race, sex, occupation, property status or religious belief, shall enjoy equal opportunities for education according to law.

Article 10

The state, in light of the characteristics and needs of the different minority ethnic groups, provides assistance to the development of educational undertakings in regions inhabited by minority ethnic groups.

The state supports and assists the development of educational undertakings in the outlying and poverty-stricken areas.

The state supports and develops educational undertakings for the disabled.

Article 11

To meet the needs of developing a socialist market economy and promoting social progress, the state carries forward educational reform, advances coordinated and consummate development of education at various levels and of various types, promotes the sound development of modern national education, improves the system of life-long education, and raises the standard of education with a more modernized vision.

The state shall take measures to promote fairness in relation to education and balance development in education.

The state supports, encourages and organizes scientific research in education, and disseminates the results of scientific research in education, so as to enhance the quality of education.

Article 12

The standard spoken and written Chinese language shall be the basic spoken and written language in teaching and learning in schools and other institutions of education, which shall be so used by the aforementioned schools and institutions of education.

In schools and other institutions of education located in ethnic autonomous areas, and in which students of minority ethnic groups constitute the majority, bilingual education shall be adopted in teaching and learning by using both the standard spoken and written Chinese language as well as the spoken and written language used by the specific ethnic group or commonly used by the local ethnic groups.

The state shall take measures to provide relevant conditions and support for the adoption of bilingual education in schools and other institutions of education where students of minority ethnic groups constitute the majority.

Article 13

The state awards organizations or individuals that have made outstanding achievements in the development of education.

Article 14

The State Council and the local people's governments at various levels shall guide and administer educational work under the principles of administration by different levels and of a division of responsibilities.

Secondary education and education at lower levels shall be administered by the local people's governments under the guidance of the State Council.

Higher education shall be administered by the State Council, and/or the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.

Article 15

The administrative department of education under the State Council shall be in charge of the nationwide educational work, and undertake overall planning, coordination and management of the educational undertakings throughout the country.

The administrative departments of education under the people's governments at or above the county level shall be in charge of the educational work in their respective administrative areas.

Other relevant departments under the people's governments at or above the county level shall be responsible for the relevant educational work within the scope of their functions and duties.

Article 16

The State Council and the local people's governments at or above the county level shall report to the people's congresses at the corresponding levels or their standing committees on the work of education and on the budgets and final accounts of the operating expenses for education, which shall be subject to supervision.

Chapter II Basic System of Education

Article 17

The state applies a school education system embracing pre-school education, primary education, secondary education and higher education.

The state establishes a sound schooling system. The establishment, forms of instruction, length of schooling, enrollment targets, objectives of training, etc. of schools and other institutions of education governed by the schooling system shall be prescribed by the State Council or the administrative department of education empowered by the State Council.

Article 18

The state shall establish the standard for preschool education, accelerate the speed of popularizing preschool education, and establish a systematic public service of preschool education that covers both urban and rural areas, especially rural areas.

The people's governments at various levels shall take measures to provide conditions and support for children at age to receive preschool education.

Article 19

The state applies a system of nine-year compulsory education.

People's governments at all levels shall take various measures to guarantee school-age children and adolescents access to education.

Parents or other guardians of school-age children and adolescents as well as social organizations and individuals concerned shall have the obligation to ensure that school-age children and adolescents receive and complete compulsory education for the prescribed number of years.

Article 20

The state applies a system of vocational education and a system of adult education.

People's governments at various levels, the relevant administrative departments, trade associations as well as enterprises and public institutions shall adopt measures to develop educational programs and guarantee that citizens receive education in vocational schools or different types of vocational training.

The state encourages the development of varied forms of adult education so that citizens may receive appropriate education in politics, economics, culture, science and technology and professional education, facilitates mutual acceptance of performance results achieved in different types of education, and encourages the people to keep learning for life.

Article 21

The state applies a national education examination system.

The administrative department of education under the State Council shall determine the types of national education examinations which shall be undertaken by the institutions that conduct such education examinations as approved by the state.

Article 22

The state applies a system of education certificates.

Schools and other institutions of education established with the approval of or recognized by the state shall, in accordance with the relevant regulations of the state, grant educational qualification certificates or other education certificates.

Article 23

The state applies a system of academic degrees.

Institutions entitled to grant academic degrees shall grant to persons who have attained the required academic or professional or technical level corresponding academic degrees and issue to them degree certificates in accordance with law.

Article 24

People's governments at various levels, primary-level people's organizations for self-governance and enterprises and public institutions shall take all kinds of measures to carry out literacy education programs.

Citizens capable of receiving literacy education according to relevant regulations of the state shall receive literacy education.

Article 25

The state applies an educational supervision system and an educational evaluation system for schools and other institutions of education.

Chapter III Schools and Other Institutions

Article 26

The state formulates plans for the development of education and establishes and runs schools and other institutions of education.

The state encourages enterprises, public institutions, societies and other social organizations, as well as individual citizens to establish and run schools or other institutions of education in accordance with law.

The state shall adhere to the principle of being cost-effective in establishing and running schools and other institutions of education.

Schools or other institutions of education funded, fully or partially, by donations or government funds may not be registered as for-profit organizations.

Article 27

For the establishment of a school or any other institution of education, the following basic conditions shall be fulfilled:

(1) having an organizational structure and articles of association;

(2) having qualified teachers;

(3) having teaching premises, facilities and equipment that are up to the required standards; and

(4) having the necessary funds for running the school as well as a stable source of funding.

Article 28

The establishment, modification or termination of a school or any other institution of education shall, in accordance with the relevant regulations of the state, go through the formalities of examination, verification, approval and registration or filing for the record.

Article 29

Schools and other institutions of education shall exercise the following rights:

(1) to administer school affairs independently in accordance with their articles of association;

(2) to organize and conduct educational and teaching activities;

(3) to enroll students or other educatees;

(4) to manage school roll and grant awards to or take disciplinary measures against educatees;

(5) to grant educatees appropriate education certificates;

(6) to recruit teachers, other staff and workers, and grant awards to or take disciplinary measures against them;

(7) to manage and use the facilities and financial resources of their own;

(8) to brook no unlawful interference in their educational and teaching activities by any organization or individual; and

(9) other rights prescribed by laws and regulations.

The state protects the lawful rights and interests of schools and other institutions of education from infringement.

Article 30

Schools and other institutions of education shall fulfill the following obligations:

(1) to observe laws and regulations;

(2) to implement the state's educational policies, apply the standards set by the state for education and teaching and guarantee the quality of education and teaching;

(3) to safeguard the lawful rights and interests of the educatees, teachers and other staff and workers;

(4) to provide convenience in appropriate ways for educatees and their guardians to have access to the educatees' academic performance and other relevant information;

(5) to collect fees according to the regulations of the state and publicize the individual items of such fees; and

(6) to be subjected to supervision according to law.

Article 31

Entities or individuals that establish and run schools or other institutions of education may, in accordance with the relevant regulations of the state, determine the management system for the schools or other institutions of education that they establish and run.

The president or the leading administrator of a school or any other institution of education shall be a citizen of the nationality of the People's Republic of China, who has settled down within the territory of China and meets the qualifications for the post prescribed by the state, and he or she shall be appointed or removed in accordance with the relevant regulations of the state. The president of a school shall be in charge of the school's teaching and administration.

Schools and other institutions of education shall, in accordance with the relevant regulations of the state, guarantee that teachers, staff members and workers participate in the democratic management and supervision through the congress of teachers, staff members and workers with teachers as its main body, or other forms.

Article 32

A school or any other institution of education that meets the requirements for a legal person shall acquire the status of a legal person from the date on which its establishment is approved or it is registered.

A school or any other institution of education shall, in civil activities, enjoy civil rights and bear civil liabilities according to law.

The state-owned assets in a school or any other institution of education shall be owned by the People's Republic of China.

Factories run by schools or other institutions of education shall bear civil liabilities independently.

Chapter IV Teachers and Other Educators

Article 33

Teachers shall enjoy the rights prescribed by law, fulfill the obligations prescribed by law and devote themselves to the people's cause of education.

Article 34

The state protects the lawful rights and interests of teachers, improves their working and living conditions and enhances their social status.

Salaries and welfare benefits for teachers shall be handled according to the provisions of laws and regulations.

Article 35

The state applies a system of qualifications, posts and appointment for teachers, enhances the quality of teachers and build a strong contingent of teachers by means of examination, awards and training.

Article 36

A system of educational administrators shall be applied to administrative personnel of schools and other institutions of education.

A system of appointment for professional or technical posts shall be applied to auxiliary teaching staff and other professional or technical personnel in schools and other institutions of education.

Chapter V Educatees

Article 37

Educatees shall, in accordance with law, enjoy equal rights in enrollment, admission to schools of a higher level, employment, etc.

Schools and the relevant administrative departments shall, in accordance with relevant regulations of the state, ensure that females enjoy equal rights with males in enrollment, admission to schools of a higher level, employment, conferment of academic degrees, dispatch for study abroad, etc.

Article 38

The state and society provide financial assistance of various forms to children, adolescents and youths who meet the conditions for school admission but whose families have financial difficulties.

Article 39

The state, society, schools and other institutions of education shall carry out education for the disabled in light of their physical and mental conditions and needs and provide them with assistance and convenience.

Article 40

The state, society, families, schools and other institutions of education shall create conditions for adolescent delinquents to receive education.

Article 41

Employees shall have the right and obligation to receive vocational training and continuing education according to law.

State organs, enterprises and institutions as well as other social organizations shall create conditions and provide convenience for their staff and workers to study and receive training.

Article 42

The state encourages schools and other institutions of education as well as social organizations to take measures to create conditions for citizens to receive life-long education.

Article 43

Educatees shall enjoy the following rights:

(1) to participate in various activities arranged according to educational or teaching programs and use educational or teaching facilities, equipment and books and materials;

(2) to receive scholarships, student loans or subsidies in accordance with the relevant regulations of the state;

(3) to receive a fair evaluation of his or her academic performance and moral character, and receive an education certificate or academic degree certificate, as appropriate, upon completion of the required programs;

(4) to lodge a complaint with the competent department if he or she refuses to accept punishment imposed by the school, and to lodge a complaint or bring a lawsuit, in accordance with law, against an infringement upon his or her right of the person or property or other lawful rights and interests by the school authorities or teachers; and

(5) other rights as stipulated by law or regulations.

Article 44

Educatees shall fulfill the following obligations:

(1) to observe law and regulations;

(2) to observe norms of conduct for students, respect teachers and develop good moral character and habits of conduct;

(3) to work hard in their studies and complete the assigned tasks of study; and

(4) to adhere to the management system of the school or any other institution of education they attend.

Article 45

Administrative departments of education, sports and public health, and schools or other institutions of education shall improve sports and health care facilities to ensure students' good health both in body and in mind.

Chapter VI Education and Society

Article 46

State organs, units of the army, enterprises, institutions, societies, other social organizations and individuals shall, in accordance with law, create a good social environment for children, adolescents and students so that they may grow up healthy both physically and mentally.

Article 47

The state encourages enterprises, institutions, societies and other social organizations to cooperate in various forms with institutions of higher learning and secondary vocational schools in teaching, scientific research, and technological development and popularization.

Enterprises, institutions, societies, other social organizations and individuals may, in appropriate ways, support the development of schools and participate in their management.

Article 48

State organs, units of the army, enterprises, institutions and other social organizations shall provide assistance and convenience for students' internships and social practices arranged by schools.

Article 49

Schools and other institutions of education shall take an active part in local public welfare activities, provided that this does not affect their normal educational and teaching activities.

Article 50

Parents or other guardians of minors shall provide the necessary conditions for their minor children or other minors under their guardianship to receive education.

Parents or other guardians of minors shall coordinate with schools or other institutions of education in educating their minor children or other minors under their guardianship.

Schools and teachers may furnish parents of students with guidance for family education.

Article 51

Libraries, museums, science and technology centers, cultural centers, art galleries, stadiums (gymnasiums) and other public cultural and sports facilities as well as places of historic and cultural interest and revolutionary memorial halls (sites) shall give preferential treatment to teachers and students and provide convenience for educatees to receive education.

Radio and television stations (centers) shall offer educational programs designed to promote moral character and cultural, scientific and technological qualities of educatees.

Article 52

The state and society shall establish and develop educational facilities for minors to receive after-school education.

Schools and other institutions of education shall coordinate with primary-level people's organizations for self-governance, enterprises, institutions and social organizations to strengthen after-school education for minors.

Article 53

The state encourages societies, social and cultural institutions, other social organizations and individuals to offer social, cultural and educational activities that are conducive to the sound development in the body and mind of educatees.

==Chapter VII

Educational Input and Guarantee of Conditions

Article 54

The state practices a system wherein government appropriations constitute the main body of educational appropriations, supplemented by funds raised from a variety of other sources, and the state gradually increases its educational input so as to ensure a stable source of educational appropriations for state-run schools.

With respect to schools and other institutions of education established and run by enterprises, institutions, societies, other social organizations or individuals, their operating expenses shall be raised by the respective sponsors; the people's governments at various levels may provide them with appropriate support.

Article 55

The proportion of educational appropriations in gross national product allocated by the state shall gradually rise, as the national economy develops and the financial revenue increases. The specific proportion and measures for its implementation shall be prescribed by the State Council.

The proportion of educational appropriations allocated by governments at various levels shall gradually rise along with the development of the national economy.

Article 56

The educational appropriations of the people's governments at various levels shall be listed separately in their fiscal budgets in accordance with the principle of matching financial power with administrative power.

The people's governments at various levels shall see to it that their appropriations for education shall increase at a faster rate than their regular revenues, that the average expenditure per enrolled student shall increase steadily and that the teachers' salaries and the average public expenditure per student shall increase steadily.

Article 57

The State Council and the people's governments at or above the county level shall set up a special fund for education to be used mainly for assisting outlying and poverty-stricken areas and areas inhabited by minority ethnic groups in enforcing compulsory education there.

Article 58

Taxation authorities shall collect in full the extra charges of education funds in accordance with law, all of which shall be controlled by the administrative departments of education and used mainly for the enforcement of compulsory education.

Pursuant to the relevant regulations of the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may decide to levy local extra charges for educational purposes, which shall be used exclusively for education.

Article 59

The state adopts preferential measures to encourage and help schools to launch work-study programs, to provide services for the community and to set up school factories, on condition that this shall not affect normal education and teaching.

Article 60

The state encourages social organizations and individuals both at home and abroad to donate money for education in China.

Article 61

Educational appropriations from the state and contributions and donations offered by social organizations or individuals for education shall be used for education; they shall not be diverted to any other purposes or withheld.

Article 62

The state encourages the use of loans and other financial means to support the development of educational undertakings.

Article 63

People's governments at various levels and their administrative departments of education shall strengthen supervision and control over educational appropriations for schools and other institutions of education in order to achieve better results of investment in education.

Article 64

Local people's governments at various levels and their relevant administrative departments shall incorporate capital construction for schools into rural and urban construction plans, make overall arrangements for the land and materials needed for the capital construction for schools, and give priority to and adopt preferential policies towards such capital construction in accordance with the relevant regulations of the state.

Article 65

People's governments at various levels shall, in accordance with the relevant regulations of the state, give priority and adopt preferential policies with regard to the publication and distribution of textbooks and other printed materials for teaching and learning purposes, the production and supply of teaching and learning instruments and equipment, and the importation of books and other printed materials, teaching and learning instruments and equipment for education and scientific research.

Article 66

The state shall step up the information-based education by accelerating the informational infrastructural development in the educational field, and facilitate the sharing and popularization of quality education resources by exploiting the information technology, so as to improve the level of education, teaching and educational management.

People's governments at or above the county level and their relevant departments shall develop information technology in the educational field and other modern means for teaching, and the relevant administrative departments shall give such development priority and support.

The state encourages the wide use of modern means for teaching in schools and other institutions of education.

Chapter VIII Foreign Exchange and Cooperation in Education

Article 67

The state encourages foreign exchange and cooperation in education, and supports schools and other institutions of education in bringing in quality education resources, carrying out Sino-foreign cooperation in running schools according to law, developing international educational service and training talents with an international vision.

In conducting foreign exchange and cooperation in education, the principles of independence, equality, mutual benefit and mutual respect shall be adhered to, the laws of the People's Republic of China shall not be violated, and the state sovereignty and security and public interests shall not be harmed.

Article 68

To go abroad for study, research, academic exchange or teaching purposes by Chinese citizens within the territory of China shall be handled according to the relevant regulations of the state.

Article 69

Individuals outside the territory of China, who meet the requirements regulated by the state and complete the relevant formalities, may enter China to study, do research, engage in academic exchange or teach in schools or other institutions of education. Their lawful rights and interests shall be protected by the state.

Article 70

Recognition of the academic degree certificates, educational qualification certificates and other types of education certificates issued by institutions of education outside the territory of China shall be governed by the international treaties to which China is a signatory party or has acceded, or by the relevant regulations of the state.

Chapter IX Legal Responsibility

Article 71

Where, in violation of the relevant regulations of the state, educational appropriations are not examined and allocated as specified in the budget, the people's government at the corresponding level shall set a time limit for such examination and allocation; if the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Where, in violation of the state's fiscal system or financial system, educational appropriations are diverted to other purposes or withheld, the organ at a higher level shall order the return, within a time limit, of the part of the appropriations that is diverted to other purposes or withheld and shall impose, in accordance with law, sanctions on the directly responsible persons in charge and other directly responsible persons; if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 72

If anyone engages in gang-fighting or provokes troubles, thus disrupting the operation of schools or other institutions of education, or destroys school buildings, sites or other property, he shall be given a public security administrative punishment by the public security organ; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

If anyone illegally occupies school buildings, sites or other property, he shall bear civil liabilities according to law.

Article 73

If the directly responsible persons in charge and other directly responsible persons know that the school buildings or educational or teaching facilities are dangerous, but they fail to take measures, thus causing human casualties or heavy losses of property, they shall be investigated for criminal responsibilities according to law.

Article 74

Whoever, in violation of the relevant regulations of the state, collects fees from a school or any other institution of education, shall be ordered by the government concerned to return the fees thus collected; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Article 75

If any entity or individual, in violation of the relevant regulations of the state, establishes schools or other institutions of education, such schools or institutions shall be dissolved by the administrative department of education or other relevant administrative departments; the unlawful gains, if any, shall be confiscated; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Article 76

If a school or any other institution of education enrolls students in violation of the relevant regulations of the state, it shall be ordered by the administrative department of education or other relevant administrative departments to send back such students and return the fees thus collected; the said school or other institution shall be given a warning, and may also be imposed with a fine not more than five times the amount of illegal gains. Where the circumstances are serious, the said school or other institution shall be imposed with a punishment ranging from being ordered to suspend the relevant enrollment qualification for not less than one year but not more than three years, to the extent of being disqualified from enrolling students at all or being revoked the permit of running a school or an institution of education; and the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law; where a crime is committed, criminal responsibility shall be investigated.

Article 77

If anyone abuses his office, neglects his duty or engages in malpractice for personal gains in enrolling students, he shall be ordered by the administrative department of education or other relevant administrative departments to send back the students who do not meet admission requirements; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

Whoever, by taking another person's place, steals or uses the person's identity, and obtains the admission qualification for getting an education, shall be disqualified from admission by the administrative department of education or other relevant administrative departments and shall be ordered to suspend from participating in relevant national education examinations for not less than two years but not more than five years; the academic degree certificates, educational qualification certificates or other types of education certificates shall be revoked by the institution which issued the certificates; where the person committed one of the acts mentioned in this paragraph has become a public servant, he shall be dismissed according to law; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ according to law; where his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Whoever acts in collusion with others, and allows another person to use his own identity to obtain the admission qualification for getting an education shall be ordered to suspend from participating in relevant national education examinations for not less than one year but not more than three years by the administrative department of education or other relevant administrative departments; the unlawful gains, if any, shall be confiscated; where the person committed one of the acts mentioned in this paragraph has become a public servant, he shall be given a sanction according to law; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ according to law; where his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Where anyone organizes or abets others to steal or use the identity of someone else to obtain the admission qualification for education by taking the place of the person, his unlawful gains, if any, shall be confiscated; where the person committed one of the acts mentioned in this paragraph has become a public servant, he shall be given a sanction according to law; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ according to law; where his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

Where anyone whose admission qualification for getting an education is stolen or used by another person, thus his legitimate rights are infringed, he may request reinstatement of his admission qualification.

Article 78

Where a school or any other institution of education, in violation of the relevant regulations of the state, collects fees from educatees, the school or institution shall be ordered by the administrative department of education or other relevant administrative departments to return the fees thus collected; the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Article 79

Where an examinee commits one of the following acts in a national education examination, necessary measures shall be taken by the staff members of the agency that organizes the examination to stop such an act and the examinee shall be ordered to discontinue the examination; his qualification for taking the examination may be canceled and his examination score may be declared null by the agency organizing the examination; where the circumstances are serious, he shall be ordered to suspend from taking the relevant national education examination for not less than one year but not more than three years by the administrative department of education; where his act constitutes a violation of public security administration, he shall be given a public security administrative punishment by the public security organ; where a crime is constituted, he shall be investigated for criminal responsibility:

(1) to acquire examination questions or answers thereto by illegal means;

(2) to carry or use devices or materials that are used for cheating in an examination;

(3) to copy or steal the answers of another examinee;

(4) to send another person to take an examination in his name; or

(5) to engage in cheating by any other improper means for obtaining an examination score.

Article 80

Any organization or individual committing one of the following acts in a national education examination shall be imposed with confiscation of illegal gains if there is any, as well as a fine of not less than the amount of, but not more than five times the amount of the illegal gains; where the circumstances are serious, the said organization or individual shall be imposed with detention for not less than five days but not more than 15 days; where a crime is constituted, it or he shall be investigated for criminal responsibility; and if the said individual is a staff member of a government department, he shall also be given a sanction according to law:

(1) to organize cheating activities;

(2) to give assistance or convenience by providing devices for cheating in an examination;

(3) to take the examination in the name of another person;

(4) to disclose or spread examination questions or the answers thereto prior to the end of the examination; or

(5) any other act disrupting the order in examination.

Article 81

Where, in holding a national education examination, the administrative department of education or the education examination agency neglects its duty of management, and thus causing disorder in the examination or there being a serious situation of cheating, the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law; where a crime is constituted, the aforesaid persons shall be investigated for criminal responsibilities.

Article 82

If a school or any other institution of education, in violation of the provisions of this Law, confers academic degree certificates, educational qualification certificates or other education certificates, the administrative department of education or other relevant administrative departments shall nullify the certificates and order their return or confiscation; the unlawful gains, if any, shall be confiscated; if the circumstances are serious, the said school or institution shall be imposed with a punishment ranging from being suspended from enrolling students for not less than one year but not more than three years, to the extent of being disqualified from enrolling students at all or being revoked the permit of running a school or an institution of education; and the directly responsible persons in charge and other directly responsible persons shall be given sanctions according to law.

Where an organization or individual, other than those prescribed for in the preceding paragraph, makes, sells or confers counterfeit academic degree certificates, educational qualification certificates or other education certificates and such act constitutes a violation of public security administration, the organization or individual shall be given a public security administrative punishment by the public security organ according to law; where a crime is constituted, the organization or individual shall be investigated for criminal responsibility.

The academic degree certificates, educational qualification certificates or other education certificates acquired through fraudulent conduct such as cheating, copying the answers of other examinees, plagiarizing or by any other improper means, shall be revoked by the institution which issued the certificates in question. Whoever buys or uses a counterfeit academic degree certificate, a counterfeit educational qualification certificate or any other counterfeit education certificate shall be given a public security administrative punishment by the public security organ when his act constitutes a violation of public security administration.

Article 83

If anyone, in violation of the provisions of this Law, infringes upon the lawful rights and interests of teachers, educatees or schools or other institutions of education, thus causing losses or damage, he shall bear civil liabilities according to law.

Chapter X Supplementary Provisions

Article 84

Regulations on education in military schools shall be formulated by the Central Military Commission in accordance with the principles of this Law.

Regulations on education in religious schools shall be formulated by the State Council separately.

Article 85

Measures governing the establishment of schools within the territory of China by organizations or individuals outside China or through their cooperation with organizations or individuals inside China shall be formulated by the State Council.

Article 86

This Law shall go into effect as of September 1, 1995.