年5月15日第八届全国人民代表大会常务委员会第十九次会议通过 Adopted at the Nineteenth Meeting of the Standing Committee of the Eighth National People's Congress on May 15 , 1996
年5月15日中华人民共和国主席令第69号公布自1996年9月1日起施行） (Promulgated by Order No. 69 of the President of the People's Republic of China on May 15 , 1996 , effective as of September 1 , 1996 )
Chapter I General Provisions
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 In order to implement the strategy of rejuvenating the country through science and education, develop vocational education, improve the quality of workers, and promote socialist modernization, this law is formulated in accordance with the Education Law and Labor Law.
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。 Article 2 This Law applies to all types of vocational school education and various forms of vocational training. The special training provided by state organs for the staff of state organs shall be separately stipulated by laws and administrative regulations.
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 is an important part of the national educational cause and an important way to promote economic, social development and employment. The state develops vocational education, advances vocational education reform, improves the quality of vocational education, and establishes and improves a vocational education system that meets the needs of a socialist market economy and social progress.
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 The implementation of vocational education must implement the national education policy, educate the ideological and political education and professional ethics education, impart professional knowledge, cultivate professional skills, provide professional guidance, and comprehensively improve the quality of the educated.
公民有依法接受职业教育的权利。 Article 5 Citizens have the right to receive vocational education according to law.
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 all levels shall incorporate the development of vocational education into their national economic and social development plans. Industry organizations, enterprises and institutions shall fulfill their obligations to implement vocational education in accordance with the law.
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 rural vocational education and support the development of vocational education in ethnic minority areas and remote poverty-stricken areas. The state adopts measures to help women receive vocational education, organize the unemployed to receive various forms of vocational education, and support the development of vocational education for the disabled.
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 The implementation of vocational education shall be in accordance with the actual needs and in accordance with the occupation classification and vocational level standards formulated by the state, and a system of academic credentials, training certificates and vocational qualification certificates shall be implemented. The state implements a system in which workers receive the necessary vocational education before employment or before taking up a job.
国家鼓励并组织职业教育的科学研究。 Article 9 The State encourages and organizes scientific research on vocational education.
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 awards units and individuals that have made outstanding achievements in vocational education.
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 education administrative department of the State Council is responsible for overall planning, comprehensive coordination, and macro management of vocational education. The education administrative department, labor administrative department and other relevant departments of the State Council are responsible for the relevant vocational education within the scope of their duties as prescribed by the State Council. Local people's governments at or above the county level shall strengthen leadership, overall coordination, supervision and evaluation of vocational education in their respective administrative areas.
Chapter 2 Vocational Education System
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 The state implements education shunts at different stages, focusing on post-junior high school, according to the level of economic development and education popularity in different regions, establishes and improves vocational school education and vocational training, and communicates with other education to coordinate development. Vocational education system.
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 primary, secondary and higher vocational school education. Elementary and secondary vocational school education is implemented by elementary and secondary vocational schools respectively; higher vocational school education is implemented by higher vocational schools according to needs and conditions, or by ordinary higher schools. Other schools may implement vocational school education at the same level in accordance with the overall planning of the education administrative department.
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 includes pre-employment training, transfer training, apprenticeship training, on-the-job training, transfer training and other vocational training. It can be divided into primary, intermediate and advanced vocational training according to the actual situation. Vocational training is implemented by corresponding vocational training institutions and vocational schools. Other schools or educational institutions may carry out vocational training in various forms according to their ability to run schools.
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 In addition to the vocational education for persons with disabilities, vocational schools, vocational training institutions and other educational institutions at all levels and levels shall admit students with disabilities in accordance with relevant state regulations.
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 Ordinary middle schools may offer vocational education courses according to local conditions, or appropriately increase the teaching content of vocational education according to actual needs.
Chapter III Implementation of Vocational Education
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 Local people's governments at or above the county level shall organize vocational schools and vocational training institutions that play a key and exemplary role. Vocational training institutions provide guidance and support.
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 The people's government at the county level shall meet the needs of the coordinated development of rural economy, science and technology, and education, organize various forms of vocational education, carry out practical technical training, and promote the development of rural vocational education.
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 The competent government departments and industry organizations shall organize or jointly organize vocational schools and vocational training institutions, and organize, coordinate and guide enterprises and institutions in their industries to organize vocational schools and vocational training institutions. The state encourages the use of modern teaching methods to develop vocational education.
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 accordance with the actual situation of its own unit, carry out vocational education in a planned manner to its employees and personnel who are about to be hired. Enterprises can hold vocational schools or vocational training institutions individually or jointly, or they can entrust schools and vocational training institutions to implement vocational education for their employees and personnel who are ready to be hired. Workers engaged in technical work must be trained before taking up posts; workers engaged in special operations must be trained and qualified for special operations.
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 public organizations, social groups, other social organizations, and individual citizens to organize vocational schools and vocational training institutions in accordance with relevant state regulations. The measures for overseas organizations and individuals to establish vocational schools and vocational training institutions in China shall be prescribed by the State Council.
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 The organizers of joint vocational schools and vocational training institutions shall sign a joint school contract. Where a competent government department, industry organization, enterprise, or institution entrusts a school or vocational training institution with vocational education, it shall sign a commission contract.
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。 Article 23 The implementation of vocational education in vocational schools and vocational training institutions shall implement the combination of production and education, serve the economic construction of the region, maintain close ties with enterprises, and train practical personnel and skilled laborers. Vocational schools and vocational training institutions may host enterprises or places of internship related to vocational education.
职业学校的设立，必须符合下列基本条件： Article 24 The establishment of a vocational school must meet the following basic conditions:
一)有组织机构和章程； ( 1 ) having an organizational structure and articles of association;
二)有合格的教师； ( 2 ) Have 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 ) There are teaching places that meet the required standards, and facilities and equipment compatible with vocational education;
四)有必备的办学资金和稳定的经费来源。 ( 4 ) There are necessary funds for running the school and a stable source of funds.
The establishment of a vocational training institution, must meet the following basic requirements:
一)有组织机构和管理制度； ( 1 ) having an organizational structure and management system;
二)有与培训任务相适应的教师和管理人员； ( 2 ) There are teachers and management personnel suitable for the training tasks;
三)有与进行培训相适应的场所、设施、设备； ( 3 ) There are places, facilities and equipment suitable for training;
四)有相应的经费。 ( 4 ) Have corresponding funds.
The establishment, change and termination of vocational schools and vocational training institutions shall be implemented in accordance with relevant state regulations.
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 Students who have received vocational school education shall pass the school assessment and be issued with academic certificates in accordance with relevant state regulations. Students who have received vocational training shall pass a training vocational school or a vocational training institution and pass the assessment, and shall be issued a training certificate in accordance with relevant state regulations. The diploma and training certificate shall be used as a certificate for graduates and graduates of vocational schools and vocational training institutions in accordance with relevant state regulations.
Chapter IV Guarantee Conditions of Vocational Education
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 the collection of funds for the development of vocational education in accordance with law through various channels.
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。 Article 27 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate the average funding standards for the number of students in vocational schools in the region; the relevant departments of the State Council shall, in conjunction with the financial department of the State Council, formulate the average funding standards for the number of students in vocational schools in this department. The organizers of vocational schools shall pay the vocational education funds in full in accordance with the average funding standards for the number of students. The financial funds used by people's governments at all levels and relevant departments of the State Council to hold vocational schools and vocational training institutions should gradually increase. No organization or individual may misappropriate or deduct funds for vocational education.
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 costs of vocational education for its employees and personnel to be hired. Specific measures shall be prescribed by the relevant departments of the State Council in conjunction with the financial department of the State Council or by the people ’s governments of provinces, autonomous regions, and municipalities directly under the Central Government.
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 Where an enterprise fails to implement 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 correction; if it fails to do so, it may collect the vocational education funds that the enterprise shall bear for use in the region Vocational education.
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 The local surcharges for education decided by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the Education Law may be earmarked or a certain percentage may be used for vocational education.
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 all levels may appropriately use funds for rural science and technology development and technology promotion for rural vocational training.
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。 Article 32 Vocational schools and vocational training institutions may appropriately charge tuition for students who have received secondary and higher vocational school education and vocational training, and students with financial difficulties and disabled students shall be exempted as appropriate. The charging methods shall be prescribed by the people's governments of provinces, autonomous regions and municipalities. The State supports enterprises, institutions, social organizations, other social organizations, and individual citizens to set up vocational education scholarships and loan loans in accordance with relevant state regulations to reward students with outstanding academic performance or to subsidize students with financial difficulties.
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 income of vocational schools and vocational training institutions from running enterprises and engaging in social services shall be mainly used for the development of vocational education.
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 use credit to support the development of vocational education.
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。 Article 35 The State encourages enterprises, institutions, social groups, other social organizations, and individual citizens to donate funds to vocational education, and encourages overseas organizations and individuals to provide assistance and donations to vocational education. Funding and donations must be used for vocational education.
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 The people's governments at all levels above the county level and relevant departments shall incorporate the training and training of vocational education teachers into the planning of the construction of the teaching staff to ensure that the teaching staff of vocational education meets the needs of the development of vocational education. Vocational schools and vocational training institutions may employ professional and technical personnel, personnel with special skills, and teachers from other educational institutions as part-time teachers. Relevant departments and units should provide convenience.
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 Relevant departments of the State Council, local people's governments at or above the county level, and organizations that organize vocational schools and vocational training institutions, as well as individual citizens, should strengthen the construction of vocational education production practice bases. Enterprises and institutions shall accept students and teachers from vocational schools and vocational training institutions for internships; those who take on-the-job internships shall be given appropriate labor compensation.
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 The people's governments at the county level and above and relevant departments shall establish and improve the vocational education service system, and strengthen the editing, publishing and distribution of vocational education textbooks.
Chapter V Supplementary Provisions
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.
本法自一九九六年九月一日起施行。 Article 40 This Law shall enter into force on September 1, 1996.