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Chapter IV Organization and Activities of Higher Education Institutions
2005-01-27

Article 30 A higher education institution shall acquire the status of a legal person from the date on which its establishment is approved. The president of the higher education institution shall be the legal representative of the institution.

A higher education institution shall, in accordance with law, enjoy civil rights and bear civil liabilities in civil affairs.

Article 31 Higher education institutions shall concentrate on training students, carry out teaching and research and provide services for the society, and ensure that the quality of education and teaching meet the requirements laid down by the State.

Article 32 Higher education institutions shall draw up enrollment plans in light of social needs, the conditions of the institutions, and the size of the student body verified by the State, and readjust on their own the proportions of enrollment for different faculties and subjects.

Article 33 Higher education institutions shall, in accordance with law, act on their own in offering and readjusting the branches of learning and specialized subjects.

Article 34 Higher education institutions shall, on the basis of the needs of teaching, act on their own in drawing up their teaching programs, compiling teaching materials and making arrangements for their teaching activities.

Article 35 Higher education institutions shall, on the basis of their own conditions, act on their own in conducting research, developing technology and providing services for the society.

The State encourages higher education institutions to collaborate in various ways with enterprises, institutions, public organizations or groups in research and in development and extensive use of technologies.

The State supports qualified higher education institutions to become research bases of the State.

Article 36 Higher education institutions shall, in accordance with the relevant regulations of the State, act on their own in conducting exchange and co-operation with higher education institutions outside of the territory of China in the fields of science, technology and culture.

Article 37 Higher education institutions shall, in light of actual needs and on the principle of simple and efficient administration, act on their own in deciding on the internal structure of the departments for teaching, research and executive function and on the number of staff for different departments. They shall, in accordance with relevant State regulations, assess the performance of teachers and other professional workers and technicians, make appointment to such posts, and readjust the payment of subsidies and salaries.

Article 38 Higher education institutions shall, in accordance with law, act on their own in managing and using the property provided by sponsors, the fiscal funds allocated by the State and the contributions and donations received.

No higher education institutions may misappropriate the funds earmarked for teaching and research.

Article 39 In higher education institutions run by the State, the system shall be applied under which the presidents take over-all responsibility under the leadership of the primary committees of the Communist Party of China in higher education institutions. Such committees shall, in accordance with the Constitution of the Chinese Communist Party and relevant regulations, exercise unified leadership over the work of the institutions and support the presidents in exercising their functions and powers independently and responsibly. In exercising leadership, the committees shall chiefly perform the following duties: to adhere to the lines, principles and policies of the Chinese Communist Party, to keep to the socialist orientation in running the schools, to provide guidance to ideological and political work and moral education in the institutions, to discuss and decide on the internal structure and directors of departments of the institutions, reform, development and basic management systems of the institutions and other important matters, and to ensure fulfillment of all the tasks centering on the training of students.

The internal management systems of higher education institutions run by different sectors of society shall be established by such sectors in accordance with the regulations of the State governing such institutions.

Article 40 The post of president of a higher education institution shall be held by a citizen who meets the qualifications for the post as provided for in the Education Law. Presidents and vice-presidents of higher education institutions shall be appointed and removed according to the relevant regulations of the State.

Article 41 The president of a higher education institution undertakes over-all responsibility for the institutioní»s teaching, research and administrative affairs, and exercises the following duties:

(1) to draw up development plans, formulate specific rules and regulations and annual work plans, and arrange for their implementation;

(2) to arrange for teaching, research and ideological and moral education;

(3) to draw up plans for internal structure, nominate candidates for vice-presidents, and appoint and remove directors of departments of the institution;

(4) to appoint and dismiss teachers and other workers of the institution, keep control of the school roll, and give reward and punishment to students;

(5) to draw up and implement annual fiscal budget, protect and manage the property of the institution, and protect the lawful rights and interests of the institution; and

(6) other duties provided for in the regulations of the institution.

The president of a higher education institution chairs the council of presidents or presides over the administrative affairs meetings of the institution, and handles the affairs prescribed in the preceding paragraph.

Article 42 In a higher education institution an academic committee shall be set up to deliberate the disciplines and specialities to be offered, teaching and research plans, and evaluate academic matters relating to the successes achieved in teaching and research.

Article 43 Higher education institutions shall, in accordance with law and through the conference of representatives of teachers and administrative staff with teachers as its main body, or through other forms, guarantee that teachers and staff workers are involved in the democratic management and supervision of the institutions and safeguard their lawful rights and interests.

Article 44 The level of running of and quality of teaching in higher education institutions shall be subject to supervision of administrative departments for education and to evaluation organized by them.

National People's Congress


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