(Effective on January 1, 1995)
Contents
Chapter I General Provisions
Chapter II Organization and Management
Chapter III Employment Training Center
Chapter IV Employment Training by Non-Labor Departments
Chapter V Examination and Certification
Chapter VI Funding
Chapter VII Penalty Provisions
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
These Regulations are formulated for the purpose of regulating and activating employment training, improving the professional capability of laborers and promoting employment, in accordance with stipulations of relevant laws and regulations.
Article 2
Employment training includes the following categories of training courses given to certain groups of people in order to improve their professional skill and employment ability:
(1) pre-employment training courses provided to urban and rural first-time job-seekers;
(2) training course provided to the unemployed personnel, or to redundant enterprise workers who wish to change their jobs;
(3) training course provided to rural laborers who intend to shift to non-farm sectors or wish to seek jobs in cities; and
(4) special training course provided to groups of women, the disabled, ethnic minorities, demobilized servicemen and people of other specific categories.
Article 3
Employment training should be comprehensively arranged in tandem with employment introduction, unemployment insurance, and the setting up of labor service enterprises.
Article 4
The labor service organizations under the labor administrative departments are responsible for organizing employment training.
Article 5
These Regulations are applicable to employment training organized by either the labor administrative department or non-labor administrative department.
Chapter II Organization and Management
Article 6
The arrangement of training subjects and drafting of training standards should be in keeping with demands of the labor market and requirements of the employers. Decision on a specific training program should be based on the said training standards and the quality of the trainees.
Article 7
All people who participate in employment training courses can openly apply for enrollment, freely choose their own training subjects, obtain certificates after passing examination and be selected for recommendation to job opportunities according to their performances.
Article 8
Employment training should be carried out at various levels, in various forms and through various channels. It should focus on teaching actual operation skills, in addition to courses of necessary professional knowledge, occupational instruction and other contents.
Article 9
It is imperative for the job-seekers who have not received occupational training, and urban and rural workers who wish to change jobs, to go through necessary employment training prior to their getting employed or taking new jobs.
The long-term unemployed workers, who have remained jobless for more than six months, shall take part in re-employment training courses organized by the labor service organizations.
Article 10
Employment training units shall sign training contract with their trainees to cover such items as the training subjects, training duration, training fee, teaching material, field work, examination, certification and responsibilities for breach of contract.
Article 11
Employment training units shall formulate teaching program and guidelines according to the said training standards, and conduct training courses, according to the teaching program and guidelines.
Employment training courses shall be conducted with the teaching materials which have been examined and approved by the Ministry of Labor, or use the teaching materials compiled and approved by the labor service organizations and the employment training centers.
Article 12
Employment training units shall avail themselves of the service of the labor and employment information network to obtain and disseminate training and employment information.
Article 13
The labor service organizations shall, under the guidance of the labor administrative departments, draft the training program and be responsible for its implementation, and shall comprehensively plan the structure and scale of an employment training center, manage and provide guidance on training work to the training center, in addition to providing guidance to training course sponsored by non-labor departments. The organizations shall make regular inspection and appraisal of the training courses.
Chapter III Employment Training Center
Article 14
Employment training center is an institutional training entity, which is subject to the leadership of the labor administrative department at different levels, and managed and monitored by the labor service organizations.
Article 15
Responsibilities of the employment training center are:
(1) implementing relevant laws, regulations and policies on labor employment and occupational training;
(2) organizing teaching and field work of employment training courses;
(3) engaging in teaching research and compiling teaching materials and other data needed for teaching; and
(4) other responsibilities as stipulated by laws and regulations.
Article 16
Opening and closing of employment training centers, at or above county-level, should be approved by the local people's government and reported to the higher-level labor administrative department for record.
Article 17
Employment training center should implement the director-responsibility system, under which the director of the center is required to possess the diploma of senior secondary school or above, in addition to teaching and managing experiences as well as teaching qualifications.
Article 18
Employment training center should establish and try to perfect management regulations and rules, and implement a system of target management.
Article 19
Employment training center should play the exemplary role in the aspects of teaching, management, training methods and training quality.
Article 20
Employment training center can develop, through its own effort or in cooperation with others, a training site for field work. It can also use the labor service enterprises as the site for field work.
Article 21
Employment training center shall try to set up occupational skills appraisal station, and carry out the work of assessing professional qualifications in line with relevant regulations.
Article 22
Employment training center shall engage full-time and part-time teachers. Teachers of professional theories shall possess the diploma of senior-level secondary school or higher educational institute, while the instructors for field work shall possess the diploma of a technical secondary school.
Article 23
Employment training center shall organize teachers to take part in professional study and training in order to improve the quality of teachers.
Article 24
Assessment of professional title for the teachers working in the employment training center, and the scale of their salary, welfare and other treatment should be handled according to the regulations on secondary technical schools.
Article 25
Employment training center shall introduce a well-regulated finance system, and have professional accountants as well as a special account for the employment training fund.
Chapter IV Employment Training by Non-Labor Departments
Article 26
Employment training organized by non-labor departments refers to employment training courses and employment training entities, which are financed by institutions, enterprises, social groups, government departments or individuals.
Article 27
Non-labor departments, which engage in employment training, shall have the teaching place, facilities, teachers and managerial personnel which are compatible with the training scale and training subjects. They shall also be run under a complete set of operation rules and management system. Quality of their training courses should accord with the demand of the society and the requirement of the employers.
Article 28
Non-labor departments, engaging in employment training, must first secure the approval of the local labor employment service organization, at or above county level, and obtain the "employment training qualification certificate." The certificates are to be printed, solely, by the provincial, regional or municipal labor employment service organizations, under the supervision of the labor administrative department.
Article 29
Employment training units sponsored by non-labor departments, which wish to change their name or address or to cease their operation for whatever reasons, should report to the competent department which have, originally, issued the "qualification certificate" to them, and undergo the necessary procedures, accordingly.
Article 30
Employment training units sponsored by non-labor departments, which wish to put out advertisements on newspapers or radio, should first seek approval from the local labor employment service organization and fulfill necessary procedures according to relevant regulations. If possible, the labor employment service organization can, in line with relevant regulations, apply for setting up employment training advertising agency, which may approve and act as agent for employment training advertising.
Article 31
Employment training units sponsored by non-labor departments shall regularly report to the local labor employment service on their work, filling out statistical forms according to relevant regulations, and are subject to the guidance and supervision of these labor employment service, with regard to policy and operation.
Article 32
The qualification of employment training units sponsored by non-labor departments should be checked annually.
Article 33
Graduates from the employment training units sponsored by non-labor departments enjoy the same rights as their counterparts graduated from the employment training centers, in both professional qualification appraisal and recommendation to work-posts according to performance.
Chapter V Examination and Certification
Article 34
Employment training examination consists of two parts, namely, graduation examination and professional qualification appraisal.
Article 35
Standards for graduation examination are decided in accordance with the training standards. Those having obtained graduation papers will be the first group to get recommendation for jobs from the employment service organs.
Article 36
Standards for professional qualification appraisal are to be promulgated by the State. The labor employment service organization shall set up permanent relations with the local professional skills assessment center, and organize graduates of employment training schools to participate in professional qualification appraisal according to relevant regulations.
Article 37
Graduate certificates for employment training are printed, solely, by provincial, regional and municipal labor employment service organizations, and promulgated by labor employment service organizations, at or above county level. Professional qualification certificates are printed , solely, by the Ministry of Labor, and the labor employment service organization, at or above county level, are responsible for their issuance, according to relevant regulations and under the guidance and supervision of the labor administrative departments.
Chapter VI Funding
Article 38
The main sources of employment training funds are:
(1) allocations for employment training from the overall employment fund provided in the local government's budget;
(2) allocations for re-employment training from the existing unemployment insurance fund;
(3) part of allocations for professional education from the local government's education development fund;
(4) employment training fees to be collected from trainees and the commissioning work units, in accordance with relevant regulations; and
(5) other available sources.
The allocation for employment training should not be less than 30 per cent of the employment funding; and the allocation for re-employment training should not be less than 15 per cent of the annual unemployment insurance funding.
Article 39
The rate for employment training fees payable is decided by the local labor administrative department in consultation with the price department under the local government.
Article 40
The main items of outlay from the employment training funds are:
(1) subsidies to the employment training center;
(2) subsidies to the laid-off workers and trainees facing special economic difficulty;
(3) purchase of teaching and training apparatus for the employment training center;
(4) cost for organizing and compiling teaching materials, teaching program and electronic teaching materials;
(5) awarding outstanding employment training center, faculty and trainees;
(6) organizing trainees to participate in skills contest and cultural or sport activities;
(7) payment to commissioned teachers; and
(8) other expenditures needed by employment training.
Article 41
The funds listed under items (1), (2) and (3) of Article 38 should be mainly used on subsidizing employment training. Standards for subsidies should be decided by the labor employment service organization, taking into consideration the training subjects, training terms, training fee, depreciation of training facilities and other fixed assets, as well as training contract and number of graduates.
The employment training units sponsored by non-labor departments can provide re-employment training course to laid-off workers and give them subsidies accordingly, provided approval has been given by the labor employment service organization.
Article 42
Funds for employment training must be used solely for training purpose, and the fund surplus from each training term should be used in next semester.
Article 43
The labor employment service organizations shall try to perfect their training fund management system and internal auditing system, which are subject to the inspection and supervision by the local finance and auditing departments.
Chapter VII Penalty Provisions
Article 44
Employment training units, which sign up training contract with trainees in such terms that violate relevant regulations or existing contracts, should be ordered to correct such violations by the labor administrative department. They shall also compensate for any damages inflicted upon trainees by such violations .
Article 45
Employment training units that overcharge their trainees in violation of the regulations promulgated by the price department, should be ordered to correct such malpractice by the labor administrative department or other relevant department, their illegal income from such overcharge should be confiscated. In serious cases, fines should be imposed on them by the labor administrative department or other relevant department.
Article 46
Those employment training units, which have squeezed or occupied employment training sites, equipment and funds, or tried to change their organizational relationship, thereby affecting the normal operation of training units, should be ordered to correct such malpractice by the higher-level labor administrative department or other relevant departments. In serious cases, administrative penalty should be given to the leaders and persons directly responsible for such malpractice.
Article 47
Those units which sponsor employment training by themselves in violation of Article 28 of these Regulations, should be ordered to correct such malpractice within a given period. Those which refused to correct their malpractice may be order to close down and fined by the labor administrative departments.
Article 48
Those who embezzle and divert employment training funds to other channels should be given administrative penalty by the labor administrative department. Those who commit criminal offense should be punished by law.
Article 49
Those who use illegal means to defraud or falsify claim for employment training subsidies should be given administrative penalty and fined by the labor administrative department or other relevant departments. Those who commit criminal offense should be punished by law.
Chapter VIII Supplementary Provisions
Article 50
The labor administrative departments of provinces, autonomous regions and municipalities can formulate their own implementation measures in accordance with these Regulations, and report them to the Ministry of Labor for record.
Article 51 These Regulations come into force as of January 1, 1995. The "Provisional Measures on Several Problems Concerning Employment Training", enacted by then Ministry of Labor and Personnel on September 14, 1985, and the "Suggestions on Strengthening Work of Employment Training Centers", enacted by the Ministry of Personnel on April 7, 1988, should be annulled as of the same date.
