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Chapter I: General Provisions
Article 1: This Law is formulated so as to protect the lawful rights and interests of teachers, to build a team of teachers with good ideological and moral cultivation and professional qualities, and to promote the development of socialist education.
Article 2: This Law applies to teachers who specialize in education and teaching at all levels and types of schools and other educational institutions.
Article 3: Teachers are professionals performing educational and teaching duties, and undertake the mission of teaching and educating people, cultivating builders and successors of the socialist cause, and improving the quality of the nation. Teachers should be loyal to the people's educational cause.
Article 4: People's governments at all levels shall employ measures to strengthen teachers' ideological and political education and professional training, improve teachers' working and living conditions, safeguard teachers' lawful rights and interests, and raise teachers' social status.
Teachers should be respected by the whole society.
Article 5: The administrative department for education under the State Council is in charge of teacher work nationwide.
The relevant departments of the State Council are responsible for the work related to teachers within the scope of their respective powers.
Schools and other educational institutions are to carry out teacher management on their own in accordance with State regulations.
Article 6 September 10 of each year is Teacher's Day.
Chapter II: Rights and Obligations
Article 7: Teachers enjoy the following rights:
(1) Carrying out educational and teaching activities, and carrying out educational and teaching reforms and experiments;
(2) Engage in scientific research and academic exchanges, participate in professional academic groups, and fully express opinions in academic activities;
(3) To guide students' learning and development, and to evaluate students' conduct and academic performance;
(4) Receive wages and remuneration on time, enjoy the benefits provided by the state, and take paid leave during the winter and summer vacations;
(E) on school education and teaching, management and the work of the administrative departments of education put forward comments and suggestions, through the faculty Congress or other forms, to participate in the democratic management of the school;
(6) Participate in advanced studies or other forms of training.
Article 8: Teachers shall perform the following obligations:
(1) Abide by the Constitution, laws, and professional ethics, and set an example for others;
(2) Implement the state's education policy, abide by rules and regulations, implement the school's teaching plan, fulfill the teacher's contract, and complete the tasks of education and teaching;
(3) To educate students on the basic principles set forth in the Constitution, on patriotism, national unity, on the legal system, and on ideology, morality, culture, science and technology, and to organize and lead students in carrying out useful social activities;
(4) Caring for and caring for all students, respecting students' personality, and promoting students' all-round development in terms of morality, intelligence, and physique;
(5) Stop conduct harmful to students or other conduct that infringes upon students' lawful rights and interests, and criticize and resist phenomena that are harmful to students' healthy growth;
(6) Continuously improve ideological and political consciousness and the level of education and teaching operations.
Article 9: In order to ensure that teachers complete their education and teaching tasks, all levels of people's government, administrative departments for education, relevant departments, schools, and other educational establishments shall perform the following duties:
(1) Provide educational and teaching facilities and equipment that meet national security standards;
(2) Provide necessary books, materials, and other educational and teaching supplies;
(3) To encourage and assist teachers in their creative work in education, teaching, and scientific research;
(4) Support teachers in stopping conduct harmful to students or other conduct that infringes upon students' lawful rights and interests.
Chapter III Qualifications and Appointments
Article 10: The State implements a teacher qualification system.
Chinese citizens who abide by the Constitution and laws, love the cause of education, have good ideological and moral character, have the academic qualifications provided for in this Law, or have passed the national teacher qualification examination, have the ability to educate and teach, and are found to be qualified, may obtain teaching qualifications.
Article 11: The corresponding academic qualifications that should be possessed to obtain teacher qualifications are:
(A) to obtain kindergarten teacher qualifications, should have a preschool normal school graduation and above;
(2) To obtain primary school teacher qualifications, they shall have graduated from a secondary normal school or above;
(3) To obtain the qualifications of a junior high school teacher, a primary vocational school teacher of culture and professional courses, and shall have a college degree or above from a higher normal college or other university;
(4) Those who have obtained teacher qualifications for senior middle schools and teacher qualifications for secondary specialized schools, technical schools, vocational high school Chinese courses, and specialized courses shall have a bachelor's degree or above from a higher normal college or other university; The academic qualifications required to obtain the qualifications of internship instructors for students in secondary specialized schools, technical schools, and vocational high schools shall be prescribed by the administrative department for education under the State Council;
(5) To obtain the qualifications of a teacher in a school of higher learning, they shall have a graduate or undergraduate degree;
(6) To obtain adult education teacher qualifications, they shall have a higher education or secondary school graduation or higher education in accordance with the level and type of adult education.
Citizens who do not possess the teaching qualifications provided for in this Law must pass the National Teacher Qualification Examination in order to apply for teaching qualifications. The State Council shall provide for the national teacher qualification examination system.
Article 12: Where teachers who have been teaching in schools or other educational establishments before the implementation of this Law do not possess the academic qualifications provided for in this Law, the administrative department for education under the State Council is to provide transitional measures for teacher qualifications.
Article 13: Primary and secondary school teacher qualifications are to be determined by the administrative departments for education of local people's governments at the county level or above. The qualifications of teachers in specialized secondary schools and technical schools are to be determined by the administrative departments for education of local people's governments at the county level or above. The qualifications of teachers in ordinary schools of higher learning are to be determined by the State Council or the administrative departments for education of provinces, autonomous regions, or municipalities directly under the Central Government, or by schools entrusted by them.
Where citizens who have the academic qualifications provided for in this Law or who have passed the national teacher qualification examination request that the relevant departments confirm their teaching qualifications, the relevant departments shall make the determination in accordance with the requirements provided for in this Law.
Persons who have obtained teaching qualifications shall have a probationary period when they teach for the first time.
Article 14: Those who have been deprived of political rights or have intentionally committed a crime and received a criminal punishment of fixed-term imprisonment or higher, must not obtain teaching credentials; Those who have already obtained teaching qualifications shall lose their teaching qualifications.
Article 15: Graduates of normal schools at all levels shall engage in education and teaching in accordance with the relevant provisions of the State.
The State encourages graduates of non-normal schools of higher learning to teach in primary and secondary schools or vocational schools.
Article 16: The State implements a system of teachers' positions, and the specific measures are to be provided for by the State Council.
Article 17: Schools and other educational establishments shall gradually implement a teacher appointment system. The appointment of teachers shall follow the principle of equal status of both parties, and the school and the teacher shall sign an employment contract, clearly stipulating the rights, obligations, and responsibilities of both parties.
The steps and measures for implementing the teacher appointment system are to be formulated by the administrative department for education under the State Council.
Chapter IV: Cultivation and Training
Article 18: People's governments at all levels and relevant departments shall do a good job in teacher education, and take measures to encourage outstanding young people to enter normal schools at all levels to study. Teacher training schools at all levels undertake the task of training primary and secondary school teachers.
Non-normal schools shall undertake the task of training and training primary and secondary school teachers.
Students of normal schools at all levels enjoy professional scholarships.
Article 19: The administrative departments for education of all levels of people's government, the competent departments for schools, and schools shall draft plans for teacher training, and conduct various forms of ideological, political, and professional training for teachers.
Article 20: State organs, enterprises, public institutions, and other social organizations shall facilitate teachers' social investigations and social practice, and provide assistance.
Article 21: People's governments at all levels shall employ measures to cultivate and train teachers for ethnic minority areas and remote and impoverished areas.
Chapter V: Assessment
Article 22: Schools or other educational establishments shall conduct evaluations of teachers' political ideology, professional level, work attitude, and work achievements.
The administrative departments for education are to guide and supervise the evaluation of teachers.
Article 23: Evaluations shall be objective, fair, and accurate, and fully hear the opinions of teachers, other teachers, and students.
Article 24: The results of teachers' evaluations are the basis for hiring teachers, promoting salaries, and implementing rewards and punishments.
Chapter VI Treatment
Article 25: The average salary level of teachers shall not be lower than or higher than the average salary level of state civil servants, and gradually increase. Establish a system of normal promotion and salary increase, and the specific measures shall be prescribed by the State Council.
Article 26: Primary and secondary school teachers and vocational school teachers enjoy teaching age allowances and other allowances, and the specific measures are to be formulated by the administrative department for education under the State Council in conjunction with relevant departments.
Article 27: Local people's governments at all levels shall provide subsidies to teachers and graduates with technical secondary school education or higher to engage in education and teaching work in minority areas and remote and impoverished areas.
Article 28: All levels of local people's government and the relevant departments of the State Council are to give priority or preferential treatment to the construction, lease, and sale of urban teachers' housing.
The people's governments at the county and township levels shall facilitate the housing of rural primary and secondary school teachers.
Article 29: Teachers' medical care is the same as that of local state civil servants; Conduct regular physical examinations for teachers, and arrange for teachers to recuperate according to local conditions.
Medical establishments shall facilitate the medical treatment of local teachers.
Article 30: After teachers retire or retire, they enjoy the retirement or retirement benefits provided for by the state.
Local people's governments at or above the county level may appropriately increase the proportion of pensions for retired primary and secondary school teachers who have been engaged in education and teaching for a long time.
Article 31: People's governments at all levels shall take measures to improve the treatment of primary and secondary school teachers who are subsidized by the state and paid collectively for wages, and gradually achieve equal pay for equal work with teachers paid by the state in terms of salary income, and the specific measures are to be prescribed by local people's governments at all levels on the basis of the actual conditions in their respective regions.
Article 32: The remuneration of teachers in schools run by social forces is to be determined and guaranteed by the organizers themselves.
Chapter VII Awards
Article 33: Where teachers have outstanding achievements in areas such as education and teaching, cultivating talents, scientific research, teaching reform, school construction, social services, or work-study, the school to which they belong is to give commendations and awards.
The State Council and all levels of local people's government and their relevant departments shall commend and reward teachers who have made outstanding contributions.
Teachers who have made major contributions are to be awarded honorary titles in accordance with relevant state provisions.
Article 34: The state supports and encourages social organizations or individuals to donate funds to lawfully established funds to reward teachers, and to reward teachers.
Chapter VIII: Legal Responsibility
Article 35: Those who insult or assault teachers are to be given administrative sanctions or administrative punishments according to different circumstances; where damage is caused, it shall be ordered to compensate for losses; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Article 36: Where retaliation is carried out against teachers who have submitted appeals, accusations, or reports in accordance with law, the unit to which they belong or the organ at the level above is to order corrections; where the circumstances are serious, administrative sanctions may be given on the basis of specific circumstances.
Where retaliation against teachers by state employees constitutes a crime, criminal responsibility is to be pursued in accordance with article 146 of the Criminal Law.
Article 37: In any of the following circumstances, teachers are to be given administrative sanctions or dismissed by their schools, other educational establishments, or administrative departments for education:
(1) Intentionally not completing education and teaching tasks, causing losses to education and teaching work;
(2) Corporal punishment of students, who do not change after education;
(3) Bad conduct, insulting students, and having a bad impact.
Where teachers have any of the circumstances listed in items (2) and (3) of the preceding paragraph, and the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Article 38: Where local people's governments violate the provisions of this Law by defaulting on teachers' salaries or infringing on teachers' other lawful rights and interests, they shall order them to make corrections within a set period of time.
Where the state financial system or financial system is violated by misappropriating state funds for education, seriously obstructing education and teaching work, arrears of teachers' salaries, and harming the lawful rights and interests of teachers, the organ at the higher level shall order the return of the misappropriated funds within a set period of time, and give administrative sanctions to the directly responsible personnel; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Article 39: Where teachers are dissatisfied with the school or other educational establishment's infringement of their lawful rights and interests, or are dissatisfied with the disposition made by the school or other educational establishment, they may submit a complaint to the administrative department for education, and the administrative department for education shall make a disposition within 30 days of receiving the appeal.
Where teachers feel that the relevant administrative departments of the local people's government have violated their rights in accordance with the provisions of this Law, they may submit a complaint to the people's government at the same level or to the relevant departments of the people's government at the level above, and the people's government at the same level or the relevant departments of the people's government at the level above shall make a disposition.
Chapter IX: Supplementary Provisions
Article 40: The meanings of the following terms in this Law are:
(1) All levels and types of schools refer to schools that provide pre-school education, general primary education, general secondary education, vocational education, general higher education, special education, and adult education.
(2) Other educational institutions refer to children's palaces, local teaching and research departments, electronic educational institutions, etc.
(3) "Primary and secondary school teachers" refers to teachers in kindergartens, special education establishments, ordinary primary and secondary schools, adult primary and secondary educational institutions, vocational middle schools, and other educational institutions.
Article 41: Education and teaching support personnel in schools and other educational establishments, and teachers and education and teaching support personnel in other types of schools, may be implemented with reference to the relevant provisions of this Law on the basis of actual conditions.
The Central Military Commission shall formulate relevant provisions for teachers and educational and teaching support personnel in military academies and academies in accordance with this Law.
Article 42: Measures for the appointment of foreign teachers are to be provided for by the administrative departments for education under the State Council.
Article 43: This Law shall come into force on January 1, 1994.