(Effective on January 1, 1995)
This Regulations is formulated in conformity with relevant laws and regulations, for the purpose of regulating the management of occupational training entities, and promoting the development of occupational training.
Occupational training entities refer to various training organizations which aim to develop laborers' occupational skills, improving laborers' quality, and strengthening laborers' employment and working abilities. They mainly include schools for technological workers, occupational (technological) schools, employment training centers, and workers' training centers (schools) etc., which are sponsored by social organizations and individuals, or jointly sponsored by them; they also include the training entities that are sponsored independently by overseas organizations, individuals, and foreign-invested enterprises (organizations), or sponsored jointly with domestic social organizations that have the status of legal entities.
Occupational training entities shall, in accordance with market demand, undertake the task of providing different varieties of occupational training, and teaching the laborers on occupational techniques.
The government's labor administrative departments at or above the county-level shall publicize information on occupational demands and guide the occupational training entities to provide training according to such demands.
The occupational training entities may target at the following trainees:
(1) First-time job-seekers, laid-offs, on-job workers, shift-post and shift-job workers, laborers to work abroad, overseas job-seekers, individual laborers, people who shift from countryside to non-agriculture industries, and rural laborers who seek or find urban jobs;
(2) Women, the disabled, people of minority nationalities, and personnel discharged from military service, who need professional training of occupational techniques;
(3) Other laborers who need to learn and improve their occupational techniques.
Occupational training entities shall develop training activities according to law.
The government's labor administrative departments at or above country-level shall manage comprehensively the occupational training entities within their jurisdiction.
Occupational training entities may resort to various methods of schooling according to actual demands. Those training entities with conditions may apply for establishment of occupational technique appraisal offices (stations) on certain types of work.
Occupational training entities shall possess following basic conditions:
(1) Stable source of fund;
(2) Schooling sites compatible with schooling scale, and training equipment and practice and testing sites compatible with the established occupations (types of work);
(3) Teachers and managerial personnel compatible with schooling task; and
(4) Necessary teaching documents, teaching material, teaching instruments, teaching apparatus, librarian data and management system.
Launching, altering the name, and termination of occupational training entities shall be done according to the following procedures:
(1) Such occupational training entity, which mainly trains laborers with elementary occupational skills or laborers on non-technical posts; if sponsored by government, shall be approved by the local government, and be reported to the next-high-level of labor administrative department for record; if sponsored by social organization with legal entity, it shall be examined and approved by the next-high-level industrial authoritative department and report to the same-level labor administrative department for record; if sponsored by an individual, it shall be examined and approved by county or district-level labor administrative department and report to the next-high-level labor administrative department for record.
(2) Such occupational training entity, which mainly trains laborers with secondary occupational techniques, if sponsored by the industrial authoritative departments (social organizations) under the State Council, shall be approved by the State Council industrial authoritative departments (social organizations), with prior consent of the labor administrative departments of provinces, autonomous regions and municipalities in which the entity is located; if sponsored by local units or individuals, it shall be examined by the labor administrative departments of provinces, autonomous regions and municipalities, and approved by the people's governments of provinces, autonomous regions and municipalities.
(3) As for the occupational training entity that mainly trains laborers with high-level occupational techniques, the labor administrative department of the State Council shall examine and approve it.
(4) If a trans-regional (department) occupational training entity is sponsored, consent of the labor administrative department of the counties or provinces where the entity is located shall be solicited.
(5) As for occupational training entities sponsored by overseas organizations, individuals or foreign-invested enterprises (organizations), the above-mentioned provisions are applicable.
(6) Change of name and termination of operation of occupational training entities shall also be handled accordingly by the above-said competent authority.
(7) The employees training center sponsored by enterprises and institutions may be approved by the enterprises and institutions themselves, and be reported to the local labor administrative department for record.
Occupational training entity adopts the executive leadership responsibility system. The principal (director) shall be responsible for all management work of the occupational training entity. The principal (director) shall possess the qualification certificate specified by the state, and he or she be appointed or dismissed according to regulated procedures.
Occupational training entity shall fully rely on the conference of faculty delegates for democratic management and supervision.
Occupational training entity has the authority to make decisions, according to law, on number of recruits, measures of recruiting, establishment of subjects (types of work), establishment of inner organizations, measures of engaging faculties, and bonus distribution system.
Occupational training entity may sign training contract with trainees, or sign contract with employers (which hire the trainees). Training contract shall make clear training goals, contents, terms of training, training charge, employment methods after graduation (completing course), etc..
Occupational training entity shall coach its trainees in accordance with the subjects (types of work) outlined in the state-enacted occupational catalogue, and implement the teaching plan or teaching program formulated and enacted by the State Council labor administrative department, in collaboration with relevant State Council industrial administrative departments. Subjects (types of work), on which the state has no unified regulations, may be decided with reference to the state-enacted teaching plan or teaching program.
Occupational training entity shall, in accordance with the actual needs of established subjects (types of work), strengthen construction of laboratories and practicing sites.
Occupational training entity shall phase in advanced teaching methods and means, engage in teaching research and conduct teaching reforms.
Occupational training entity shall, in conjunction with their training contents, strengthen education on patriotism, professional ethics and law.
Coaches in occupational training entities must live up to teacher's qualifications as stipulated in the "Teacher's Law", and conform with the professional duties as specified in the "Regulations of Teachers in Technological Workers' Schools" or other relevant regulations on vocational teachers.
The teachers, who teach subjects connected with productive techniques in the occupational training entities, may hold the titles of both the active teacher and a vocational technician.
Teachers in occupational training entities are governed by the system of qualifications certification and examination, and the job engagement system. Their salary, allowance for teaching seniority and other welfares may be decided in accordance with relevant state regulations.
The graduate (trainee who has finished their courses) of occupational training entities shall, according to state regulations, be entitled to getting a "double diploma" graduation (course completion) certificate and occupational qualifications certificate.
Graduates (trainees having completed their courses) of occupational training entities are to be treated according to the employment policy of "mutual choice of employer and employee" or "seeking employment by selves". The job introductory organizations shall give preferential recommendations for graduates (trainees having completed their courses) with occupational qualifications certificate.
The main funding sources for occupational training are the following:
(1) appropriations by government financial department and the authoritative department sponsoring schools;
(2) drawing the fund for training unemployed young people from the employment fund allocated within the budget of local government;
(3) to fund the training laid-off workers out of the annual-collected unemployment insurance policy;
(4) funds raised according to relevant regulations;
(5) part of the local development education funds specially allocated to occupational education;
(6) part of the enterprise non-business expenditure and employee education fund allocated for occupational education;
(7) profits earned by enterprises affiliated with occupational training entities;
(8) donation, aid and loans from domestic and overseas organizations and individuals; and
(9) other sources.
Charging standard and spending scheme of training fees collected by occupational training entities are governed by regulations by the labor administrative department in conjunction with pricing and finance departments of provinces, autonomous regions and municipalities.
Labor administrative departments at or above the county-level may, with approval from the people's government at the same level, collect employee training fee from local enterprises which do not sponsor schooling or sponsor adequate schooling, in order to commission the public training entities to employees of the enterprises.
Relevant departments shall increase step by step their funding for the occupational training entities which train laborers with secondary and high-level occupational techniques and working abilities.
Occupational training entity has the power to refuse all kinds of irregular levies. No department is allowed to withdraw from the schooling expenditure, profit made by enterprises affiliated to the training entity, and the training fee. Normal appropriations to occupational training entities must not be reduced.
To occupational training entities that violate training contract, the labor supervising organization of the labor administrative department shall issue warnings and order them to correct misdeeds within a given term. Those entities, which have inflicted damages upon trainees or their employers (work units), shall be ordered to compensate for loss. Fines may be imposed in serious cases.
If the training entities overcharge training fees or use the fees in violation of relevant regulations, the labor supervising organization of the labor administrative department shall order them to correct misdeeds within a given term. The overcharged portion shall be confiscated. Fines may be considered in serious cases.
For those principal entity managers or the entity's responsible officials who have been found to embezzle occupational training funds, administrative punishment or criminal charges shall be given according to their malpractices.
As for occupational training entities, which were set up without official approval, or which are in a state of chaotic management with substandard training quality, or which indiscriminately issue graduation (course completion) certificate and occupational qualifications certificate, the labor supervising organization of the labor administrative department shall issue warning, and order them to correct such malpractice¡¯s within a given term. Fines may be imposed in serious cases.
Management of the "employment training centers" and employment training entities sponsored by non-labor departments is subject to stipulations of the "Employment Training Regulations".
The labor administrative departments of provinces, autonomous regions and municipalities may formulate their implementation rules in accordance with these Regulations, and report them to the State Council labor administrative department for record.
Article 31 These Regulations come into force as of January 1, 1995.