中华人民共和国职业教育法
Vocational Education Law of the People's Republic of China

第一条 为了实施科教兴国战略,发展职业教育,提高劳动者素质,促进社会主义现代化建设,根据教育法和劳动法,制定本法。
Article 1 This Law is enacted in accordance with the Education Law and the Labour Law, for the purpose of implementing the strategy for revitalizing the country by means of science and education, developing vocational education, enhancing the quality of workers and promoting the socialist modernization drive.

第二条 本法适用于各级各类职业学校教育和各种形式的职业培训。国家机关实施的对国家机关工作人员的专门培训由法律、行政法规另行规定。
Article 2 This Law applies to vocational schools of all types and levels and to all forms of vocational training. Specialized training provided by State organs for their functionaries shall be governed by separate laws and administrative rules and regulations.

第三条 职业教育是国家教育事业的重要组成部分,是促进经济、社会发展和劳动就业的重要途径。
Article 3 Vocational education constitutes an important component of the nation's educational undertakings as well as an important avenue for promoting economic and social development and employment.

国家发展职业教育,推进职业教育改革,提高职业教育质量,建立、健全适应社会主义市场经济和社会进步需要的职业教育制度。
The State undertakes the development of vocational education, promotes its reform so as to improve its quality and institute and perfect system of vocational education that suits the needs of the socialist market economy and the needs of social progress.

第四条 实施职业教育必须贯彻国家教育方针,对受教育者进行思想政治教育和职业道德教育,传授职业知识,培养职业技能,进行职业指导,全面提高受教育者的素质。
Article 4 In the provision of vocational education, the State's educational principles shall be implemented, that is, ideological and political education and the education in professional ethics shall be conducted, vocational knowledge imparted, vocational skills fostered and vocational guidance provided to the educatees so as to enhance their quality in an all-round way.

第五条 公民有依法接受职业教育的权利。
Article 5 Citizens shall have the right to receive vocational education according to law.

第六条 各级人民政府应当将发展职业教育纳入国民经济和社会发展规划。
Article 6 People's governments at various levels shall incorporate the development of vocational education into their plans for national economic and social development.

行业组织和企业、事业组织应当依法履行实施职业教育的义务。
Trade organizations, enterprises and institutions shall, in accordance with law, fulfill their obligations to provide vocational education.

第七条 国家采取措施,发展农村职业教育,扶持少数民族地区、边远贫困地区职业教育的发展。
Article 7 The State adopts measures to develop vocational education in rural areas and provides support and assistance to areas inhabited by minority nationalities and outlying and poverty-stricken areas in developing vocational education.

国家采取措施,帮助妇女接受职业教育,组织失业人员接受各种形式的职业教育,扶持残疾人职业教育的发展。
The State adopts measures to enable women to receive vocational education, organize the unemployed to receive different forms of vocational education, and support the development of vocational education for the disabled.

第八条 实施职业教育应当根据实际需要,同国家制定的职业分类和职业等级标准相适应,实行学历证书、培训证书和职业资格证书制度。
Article 8 Vocational education shall be provided in light of actual needs and in conformity with the standards established by the State for classifying and grading occupations. A system comprising certificates of schooling, certificates of vocational training and certificates of occupational qualifications shall be practised.

国家实行劳动者在就业前或者上岗前接受必要的职业教育的制度。
The State practises a system whereby workers receive the necessary vocational education prior to employment or assignment.

第九条 国家鼓励并组织职业教育的科学研究。
Article 9 The State encourages and arranges scientific research on vocational education.

第十条 国家对在职业教育中作出显著成绩的单位和个人给予奖励。
Article 10 The State gives awards to units and individuals that have made outstanding achievements in vocational education.

第十一条 国务院教育行政部门负责职业教育工作的统筹规划、综合协调、宏观管理。
Article 11 The administrative department for education under the State Council shall be responsible for the overall planning, comprehensive coordination and macro-management of vocational education.

国务院教育行政部门、劳动行政部门和其他有关部门在国务院规定的职责范围内,分别负责有关的职业教育工作。
The administrative departments for education, labor and other relevant departments under the State Council shall, within their respective functions and responsibilities defined by the State Council, be responsible for the different aspects of vocational education.

县级以上地方各级人民政府应当加强对本行政区域内职业教育工作的领导、统筹协调和督导评估。
Local people's governments at or above the county level shall strengthen leadership, overall coordination, supervision, guidance and assessment of vocational education in areas under their jurisdiction.

第二章 职业教育体系
CHAPTER II SYSTEM OF VOCATIONAL EDUCATION

第十二条 国家根据不同地区的经济发展水平和教育普及程度,实施以初中后为重点的不同阶段的教育分流,建立、健全职业学校教育与职业培训并举,并与其他教育相互沟通、协调发展的职业教育体系。
Article 12 In light of the different levels of economic development and degrees of universal education in different areas, the State introduces a division of education, at different stages, chiefly among junior secondary school graduates, so that some of them may receive regular senior secondary school education and others may receive occupational education, and institutes and perfects a vocational education system whereby vocational school education is conducted simultaneously with vocational training and is interconnected and developed in coordination with other types of education.

第十三条 职业学校教育分为初等、中等、高等职业学校教育。
Article 13 Vocational school education is divided into three levels, namely, elementary, secondary and tertiary.

初等、中等职业学校教育分别由初等、中等职业学校实施;高等职业学校教育根据需要和条件由高等职业学校实施,或者由普通高等学校实施。
The elementary and secondary vocational school education shall be provided by elementary and secondary vocational schools. The tertiary vocational education shall be provided, where necessary and where conditions permit, either by tertiary vocational schools or by regular institutions of higher education.

其他学校按照教育行政部门的统筹规划,可以实施同层次的职业学校教育。
Other types of schools may provide vocational school education at the same level in compliance with the overall plans drawn up by the administrative department for education.

第十四条 职业培训包括从业前培训、转业培训、学徒培训、在岗培训、转岗培训及其他职业性培训,可以根据实际情况分为初级、中级、高级职业培训。
Article 14 Vocational training comprises pre-service training, training to facilitate change of occupations; apprentice training, on-the-job training, job-transfer training and other categories of vocational training, and all these categories of training may, in light of actual conditions, be divided into three levels: elementary, secondary and tertiary.

职业培训分别由相应的职业培训机构、职业学校实施。
Vocational training shall be provided by the appropriate vocational training institutions and/or vocational schools.

其他学校或者教育机构可以根据办学能力,开展面向社会的、多种形式的职业培训。
Other schools or institutions of education may, depending on their own capabilities, provide various forms of vocational training to meet social needs.

第十五条 残疾人职业教育除由残疾人教育机构实施外,各级各类职业学校和职业培训机构及其他教育机构应当按照国家有关规定接纳残疾学生。
Article 15 Vocational training for the disabled shall be provided by institutions of education for the disabled, in addition, vocational schools and vocational training institutions of various types and at different levels and other types of institutions of education shall accept disabled students in accordance with the relevant regulations of the State.

第十六条 普通中学可以因地制宜地开设职业教育的课程,或者根据实际需要适当增加职业教育的教学内容。
Article 16 Regular secondary schools may provide vocational subjects in light of local conditions, or supplement existing subjects with appropriate subject matters related to vocational education in light of actual needs.

第三章 职业教育的实施
CHAPTER III PROVISION OF VOCATIONAL EDUCATION

第十七条 县级以上地方各级人民政府应当举办发挥骨干和示范作用的职业学校、职业培训机构,对农村、企业、事业组织、社会团体、其他社会组织及公民个人依法举办的职业学校和职业培训机构给予指导和扶持。
Article 17 People's governments at or above the county level shall establish vocational schools and vocational training institutions to serve as a mainstay and play an exemplary role, which shall provide guidance and assistance to the vocational schools and vocational training institutions established in accordance with law by rural communities and other public organizations, as well as individual citizens.

第十八条 县级人民政府应当适应农村经济、科学技术、教育统筹发展的需要,举办多种形式的职业教育,开展实用技术的培训,促进农村职业教育的发展。
Article 18 In response to the needs of well-coordinated development of the rural economy, science and technology, and education, people's governments at the county level shall provide various forms of vocational education and develop training programs of practical skills so as to promote the development of rural vocational education.

第十九条 政府主管部门、行业组织应当举办或者联合举办职业学校、职业培训机构,组织、协调、指导本行业的企业、事业组织举办职业学校、职业培训机构。
Article 19 Competent government departments and trade organizations shall, by itself or jointly, establish vocational schools or vocational training institutions, as well as arrange for, coordinate the efforts of and provide guidance to the enterprises and institutions of the trades concerned to establish vocational schools or vocational training institutions.

国家鼓励运用现代化教学手段,发展职业教育。
The State encourages the use of modern means of teaching in developing vocational education.

第二十条 企业应当根据本单位的实际,有计划地对本单位的职工和准备录用的人员实施职业教育。
Article 20 An enterprise shall, in light of its actual conditions, provide systematic vocational education and training for its own employees and for the persons to be employed.

企业可以单独举办或者联合举办职业学校、职业培训机构,也可以委托学校、职业培训机构对本单位的职工和准备录用的人员实施职业教育。
An enterprise may establish vocational school(s) or vocational training institution(s) either by itself or in collaboration with other enterprise(s), and it may also entrust existing schools or vocational training institutions to provide vocational education for its own employees or for the persons to be employed.

从事技术工种的职工,上岗前必须经过培训;从事特种作业的职工必须经过培训,并取得特种作业资格。
Any worker who is to do a technical type of job must undergo training beforehand; and any worker who is to do a job that requires special skills must undergo training and obtain the necessary qualifications for such a job.

第二十一条 国家鼓励事业组织、社会团体、其他社会组织及公民个人按照国家有关规定举办职业学校、职业培训机构。
Article 21 The State encourages institutions, non-governmental organizations, other public organizations and individual citizens to establish vocational schools and vocational training institutions in accordance with relevant State regulations.

境外的组织和个人在中国境内举办职业学校、职业培训机构的办法,由国务院规定。
Measures for the establishment of vocational schools and vocational training institutions within Chinese territory by an organization or individual from abroad shall be formulated by the State Council.

第二十二条 联合举办职业学校、职业培训机构,举办者应当签订联合办学合同。
Article 22 For a jointly operated vocational school or vocational training institution, the collaborators shall conclude a contract for the joint establishment and running of such a school or institution.

政府主管部门、行业组织、企业、事业组织委托学校、职业培训机构实施职业教育的,应当签订委托合同。
Any competent government department, trade organization, enterprise or institution which intends to entrust a school or vocational training institution with the provision of vocational educational programs shall conclude a contact of authorization with the latter.

第二十三条 职业学校、职业培训机构实施职业教育应当实行产教结合,为本地区经济建设服务,与企业密切联系,培养实用人才和熟练劳动者。职业学校、职业培训机构可以举办与职业教育有关的企业或者实习场所。
Article 23 In teaching, vocational schools and vocational training institutions should integrate education with industrial production, aim at serving the needs of local economic development, and maintain close ties with enterprises, thus helping trainees to acquire practical skills and become skilled workers.

政府主管部门、行业组织、企业、事业组织委托学校、职业培训机构实施职业教育的,应当签订委托合同。
Vocational schools and vocational training institutions may set up enterprises or have places for practice that are related to the vocational education programs provided.

第二十四条 职业学校的设立,必须符合下列基本条件:
Article 24 To establish a vocational school, the following basic conditions shall be satisfied:

(一)有组织机构和章程;
(1) having an organizational structure and rules and regulations;

(二)有合格的教师;
(2) having qualified teachers;

(三)有符合规定标准的教学场所、与职业教育相适应的设施、设备;
(3) having premises for teaching that meet specified standards and having facilities and equipment that meet the needs of vocational education;

(四)有必备的办学资金和稳定的经费来源。
(4) having the necessary funds for establishing the school and stable sources of operating funds.

职业培训机构的设立,必须符合下列基本条件:
To establish a vocational training institution, the following basic conditions shall be satisfied:

(一)有组织机构和管理制度;
(1) having an organizational structure and a system for management;

(二)有与培训任务相适应的教师和管理人员;
(2) having teachers and managerial personnel that meet the needs of the training programs provided;

(三)有与进行培训相适应的场所、设施、设备;
(3) having places, facilities and equipment that meet the needs of training;

(四)有相应的经费。
(4) having the needed operating funds.

职业学校和职业培训机构的设立、变更和终止,应当按照国家有关规定执行。
The establishment, modification, and/or termination of a vocational school or a vocational training institution shall be governed by relevant State regulations.

第二十五条 接受职业学校教育的学生,经学校考核合格,按照国家有关规定,发给学历证书。
Article 25 A student who has received education at a vocational school and passed the examinations administered by the school shall be issued a certificate of schooling in accordance with relevant State regulations.

接受职业培训的学生,经培训的职业学校或者职业培训机构考核合格,按照国家有关规定,发给培训证书。
A student who has received vocational training provided by a vocational school or vocational training institution and passed the examinations administered by the school or vocational training institution shall be issued a certificate of training in accordance with relevant State regulations.

学历证书、培训证书按照国家有关规定,作为职业学校、职业培训机构的毕业生、结业生从业的凭证。
According to relevant State regulations, the certificates of schooling and the certificates of training shall serve as qualifying certificates for graduates of vocational schools and for trainees who have completed their vocational training programs to seek employment.

第四章 职业教育的保障条件
CHAPTER IV CONDITIONS ENSURING THE PROVISION OF VOCATIONAL EDUCATION

第二十六条 国家鼓励通过多种渠道依法筹集发展职业教育的资金。
Article 26 The State encourages efforts to raise funds in accordance with law and through multiple avenues for developing vocational education.

第二十七条 省、自治区、直辖市人民政府应当制定本地区职业学校学生人数平均经费标准;国务院有关部门应当会同国务院财政部门制定本部门职业学校学生人数平均经费标准。职业学校举办者应当按照学生人数平均经费标准足额拨付职业教育经费。
Article 27 The people's government of a province, autonomous region or municipality directly under the Central Government shall determine the average expenses for students of the vocational schools in the area under its jurisdiction; the relevant departments under the State Council shall, in collaboration with the department of finance under the State Council, do the same for students of the vocational schools of their departments. The sponsor of a vocational school shall appropriate adequate funds and pay in full the average expenses for the students.

各级人民政府、国务院有关部门用于举办职业学校和职业培训机构的财政性经费应当逐步增长。
The fiscal appropriations provided by the people's governments at various levels and by relevant departments under the State Council for the establishment and maintenance of vocational schools and vocational training institutions shall gradually increase.

任何组织和个人不得挪用、克扣职业教育的经费。
No organization or individual shall be allowed to misappropriate or withhold the funds designated for vocational education.

第二十八条 企业应当承担对本单位的职工和准备录用的人员进行职业教育的费用,具体办法由国务院有关部门会同国务院财政部门或者由省、自治区、直辖市人民政府依法规定。
Article 28 An enterprise shall bear the expenses for the vocational education of its own employees and of the persons it plans to employ, and the specific measures shall be formulated according to law by the relevant departments under the State Council in collaboration with the finance department under the State Council or by the people's government of a province, autonomous region or municipality directly under the State Council.

第二十九条 企业未按本法第二十条的规定实施职业教育的,县级以上地方人民政府应当责令改正;拒不改正的,可以收取企业应当承担的职业教育经费,用于本地区的职业教育。
Article 29 If an enterprise fails to provide vocational education in accordance with the provisions of Article 20 of this Law, the local people's government at or above the county level shall order it to put it right; if the enterprise reuses to put it right, the government may collect from it the amount of expenses that it should assume and use the money for the local vocational education.

第三十条 省、自治区、直辖市人民政府按照教育法的有关规定决定开征的用于教育的地方附加费,可以专项或者安排一定比例用于职业教育。
Article 30 With regard to the local surcharges which the government of a province, autonomous region or municipality directly under the Central Government has decided, in accordance with the relevant provisions of the Education Law, to levy for educational purposes, a certain proportion of it may be used for vocational education, or a part of it may be used to finance specific project(s) of vocational education.

第三十一条 各级人民政府可以将农村科学技术开发、技术推广的经费,适当用于农村职业培训。
Article 31 People's governments at various levels may allocate an appropriate part of the funds earmarked for developing science and technology and for spreading the use of advanced techniques in rural areas for the use of vocational training there.

第三十二条 职业学校、职业培训机构可以对接受中等、高等职业学校教育和职业培训的学生适当收取学费,对经济困难的学生和残疾学生应当酌情减免。收费办法由省、自治区、直辖市人民政府规定。
Article 32 Vocational schools and vocational training institutions may charge their students receiving secondary or tertiary education or training an appropriate sum of tuition, but they should, at their discretion, reduce the tuition of the students who have financial difficulties or who are disabled or exempt them from tuition. The measures for charging tuition fees shall be formulated by the people's government of a province, autonomous region or municipality directly under the Central Government.

国家支持企业、事业组织、社会团体、其他社会组织及公民个人按照国家有关规定设立职业教育奖学金、贷学金,奖励学习成绩优秀的学生或者资助经济困难的学生。
The State supports enterprises, institutions, non-governmental organizations, other public organizations and individual citizens in their efforts to establish scholarships and/or grant loans, in accordance with relevant State regulations, for the purpose of awarding students with outstanding scholastic achievements or assisting students with financial difficulties.

第三十三条 职业学校、职业培训机构举办企业和从事社会服务的收入应当主要用于发展职业教育。
Article 33 The earnings derived by vocational schools or vocational training institutions from running enterprises or providing social services shall be mainly used for developing vocational education.

第三十四条 国家鼓励金融机构运用信贷手段,扶持发展职业教育。
Article 34 The State encourages financial institutions to support the development of vocational education by providing loans.

第三十五条 国家鼓励企业、事业组织、社会团体、其他社会组织及公民个人对职业教育捐资助学,鼓励境外的组织和个人对职业教育提供资助和捐赠。提供的资助和捐赠,必须用于职业教育。
Article 35 The State encourages enterprises, institutions, non- governmental organizations, other public organizations and individual citizens to make donations to aid vocational education and it also encourages organizations and individuals abroad to fund or make donations for vocational education. All such funds and donations must be used for vocational education.

第三十六条 县级以上各级人民政府和有关部门应当将职业教育教师的培养和培训工作纳入教师队伍建设规划,保证职业教育教师队伍适应职业教育发展的需要。
Article 36 People's governments at or above the couty level and the relevant departments shall incorporate the preparation and in-service training of vocational education teachers into their plans for sugmenting the teaching staff in general, so as to ensure that the increase of vocational education teachers meet the needs of the development of vocational education.

职业学校和职业培训机构可以聘请专业技术人员、有特殊技能的人员和其他教育机构的教师担任兼职教师。有关部门和单位应当提供方便。
A vocational school or vocational training institution may recruit specialized technicians and persons with special expertise, as well as teachers from other institutions of education to serve as part-time teachers. The departments and institutions concerned shall facilitate the recruitment of such persons.

第三十七条 国务院有关部门、县级以上地方各级人民政府以及举办职业学校、职业培训机构的组织、公 民个人,应当加强职业教育生产实习基地的建设。
Article 37 Efforts should be made by the relevant departments under the State Council, local people's governments at or above the county level, and organizations and individual citizens that set up vocational schools or vocational training institutions to build bases for production and practice in vocational education.

企业、事业组织应当接纳职业学校和职业培训机构的学生和教师实习;对上岗实习的,应当给予适当的劳动报酬。
Enterprises and institutions should let the students and teachers of vocational schools and vocational training institutions practise there, and should give appropriate remuneration to those who do practical work.

第三十八条 县级以上各级人民政府和有关部门应当建立、健全职业教育服务体系,加强职业教育教材的编辑、出版和发行工作。
Article 38 People's governments at or above the county level and the relevant departments shall institute and perfect a system in the service of vocational education and improve the compilation, publication and distribution of textbooks and other teaching materials used for vocational education.

第五章 附 则
CHAPTER V SUPPLEMENTARY PROVISIONS

第三十九条 在职业教育活动中违反教育法规定的,应当依照教育法的有关规定给予处罚。
Article 39 Whoever violates the provisions of the Education Law in vocational education activities shall be punished in accordance with the relevant provisions of the Education Law.

第四十条 本法自1996年9月1日起施行。
Article 40 This law shall come into force as of September 1, 1996.