China, Education, Hakeem Alexander, Hakeem Ali-Bocas Alexander, Ministry of International Affairs, Research

CHINA: Legislative opinion collection. Notice of the Ministry of Education on the Measures for the Appointment and Administration of Foreign Teachers for public consultation.

Originally by Published by Ministry of Justice – PRC time: 21 Jul, 2020 09:00

Source: Ministry of Education. (China)

Copied for the Purposes of Research & Education

In order to improve the legal system for the management of foreign teachers and strengthen the management of foreign teachers, the Ministry of Education, together with the Ministry of Science and Technology, the Ministry of Public Security and the Ministry of Foreign Affairs, on the basis of in-depth research and extensive consultation, has formulated the Measures for the Appointment and Management of Foreign Teachers (Draft for Comments), which are now open to the public for comments. The public can provide feedback in the following ways and means:

1. Visit the Ministry of Justice of the People’s Republic of China, government legal information network (www.moj.gov.cn, www.chinalaw.gov.cn) and go to the “Legislative Opinion Collection” section of the main menu on the front page for comments.

2. By letter to mail to: Beijing Xicheng Damucang Hutong 35 Ministry of Education policy and regulation judicial system office (postcode: 100816). Please include the words “Foreign Teacher Appointment and Management Measures” for comments.

3. Send comments by e-mail to: fzb@moe.edu.cn.

The deadline for feedback is August 21, 2020.

Education.

July 21, 2020

Measures for the appointment and management of foreign teachers (draft for comments)

Chapter 1 General.

Article 1 (Legislative Basis) In order to promote international cooperation and exchanges in education and regulate the appointment and management of foreign teachers, these Measures are formulated in accordance with the Education Law of the People’s Republic of China, the Teachers Law of the People’s Republic of China, the Law of the People’s Republic of China on the Administration of Exit and Entry, and the Regulations on the Administration of the Entry and Exit of Foreigners of the People’s Republic of China.

Article 2 (Concept Definition) The term “foreign teachers” as mentioned in these Measures refers to foreign personnel who are appointed by educational institutions, obtain foreign residence permits and residence documents for foreigners in China, and engage in education and teaching work in China.

Article 2 (Concept Definition) The term “foreign teachers” as mentioned in these Measures refers to foreign personnel who are appointed by educational institutions, obtain foreign residence permits and residence documents for foreigners in China, and engage in education and teaching work in China.

The term “educational institutions” as mentioned in these Measures refers to schools and kindergartens at all levels established in accordance with the law to implement academic education, self-study institutions and out-of-school training institutions.

rticle 3 (Basic Guidelines) The appointment of foreign teachers shall follow the principles of expanding openness, on-demand appointment, ensuring quality, optimizing services and managing classification.

Article 4 (the scope of appointment) The post of appointing foreign teachers shall be a post with the actual needs of education and teaching work, the shortage of suitable candidates in the country and without violating the relevant provisions of the State.

Article 5 Foreign teachers shall abide by Chinese laws and regulations, abide by China’s public order and professional ethics, abide by the principle of separation of education and religion, and implement educational and teaching activities and contents that are in accordance with China’s educational policies and basic teaching requirements, and shall not harm China’s national sovereignty, security, honor and public interest.

Article 6 (Management System) The administrative department of education under the State Council shall be responsible for the overall supervision of the employment of foreign teachers by educational institutions, and the administrative departments of foreign affairs, science and technology, public security and immigration under the State Council shall be responsible for the administration of visas, work permits, entry and residence permits for foreign teachers in accordance with the division of duties.

The administrative department of education of the local people’s government shall be responsible for the supervision and management of the employment of foreign teachers by educational institutions in the administrative region, and the foreign affairs departments of the local people’s government, the administrative departments of science and technology, the public security organs and other relevant departments shall be responsible for the relevant management of foreign teachers in their administrative areas in accordance with the division of duties.

Chapter II Conditions and Procedures.

Article 7 (Basic Requirements) Foreign personnel who have the necessary conditions to obtain work permits and residence documents in the work category of China, have the professional qualifications of education and teaching as stipulated in these Measures, and may be appointed as foreign teachers by educational institutions.

Article 8 (Qualification Conditions) Foreign teachers shall possess the educational qualifications and teaching skills necessary for educational work. Among them, those who serve as teachers in subjects (including foreign Chinese literature majors) at all levels of schools shall have more than 2 years of experience in education and teaching or related fields with bachelor’s degrees or above and related subjects of relevant educational institutions; Chinese Mandarin level test grade standard s3 B and above standards or through the Chinese level examination to obtain the corresponding level certificate.

If a foreign national has obtained a doctorate degree, or has obtained a certificate of qualification for a teacher in the country of nationality, or has a bachelor’s degree or above in teacher education, he may be exempted from the requirements of the corresponding educational experience.

Article 9 (Other conditions) Foreign teachers shall be physically and mentally healthy, have good character, have no criminal record, have no history of infectious diseases and mental disorders, have no sexual harassment, use of injectable drugs, take dependent psychotropic substances for a long time, and other diseases and behaviors that may affect the safety and physical and mental health of students.

Article 10 (Relevant Permits) Where a foreign personnel are engaged in the work of a foreign teacher, they shall handle the work permit, Z-word visa and work-type residence document signed by a foreigner in China, and shall obtain the approval and conduct the record for the foreign teachers in accordance with the provisions before carrying out teaching activities.

Article 11 (institution responsibilities) When an educational institution appoints foreign teachers, it shall determine that the foreign personnel to be appointed have the professional qualifications and corresponding conditions for serving as foreign teachers.

Article 12 An educational institution that intends to appoint foreign teachers shall apply to the administrative department of science and technology of the provincial people’s government or the administrative department authorized by it for a foreigner to work in China. In addition to the materials required for foreigners to work permits to come to China, the relevant certificates of educational and teaching qualifications, the reasons for the proposed appointment, and the personal commitments made by foreign personnel to comply with the provisions of Article 5 of these Measures and the requirements of Article 9 of these Measures shall also be submitted.

Article 13 (visa application) Foreign teachers to be appointed shall, in accordance with the relevant procedures and regulations, apply to the Chinese visa authorities abroad for a Z-word visa.

The visa authorities may decide whether to issue a Z-word visa by means of interviews, verification of materials, etc.

Article 14 (residence permit) An educational institution shall assist the foreign teacher to be appointed to apply for a work-type residence certificate to the administrative organ of the public security organ of the local people’s government at or above the county level.

Article 15 (Teacher’s record) An educational institution shall, within five working days after a foreign teacher has received a work permit and residence permit to come to China, upload a copy of the first page of the contract text, the appointment page and the signature page of both parties, a copy of the foreign teacher’s work permit, residence permit and other materials, or an electronic text to the national comprehensive information service platform for foreign teachers, and the service platform shall generate the record number of the foreign teachers.

Article 16 (domestic application) Where an educational institution intends to appoint a foreigner who has been lawfully residing in China as a foreign teacher, it shall, in accordance with these Measures, apply for work permits and work-type residence documents in China, and conduct the record of foreign teachers in accordance with the provisions. Where an educational institution intends to appoint a foreigner who has obtained permanent residence status as a foreign teacher, it shall conduct a record of the foreign teacher in accordance with the provisions.

Chapter III Services and Management.

Article 17 (institutional responsibilities) Educational institutions shall improve the system of appointment, management, service and appraisal of foreign teachers, regulate the teaching behavior of foreign teachers, safeguard the legitimate rights and interests of foreign teachers, and properly keep the employment files of foreign teachers.

Article 18 (contract management) An educational institution shall sign a written contract with a foreign teacher appointed. The contents of the contract shall include, but not limited to, the work tasks, work station, duties of the post, the duration of appointment, the rights and obligations of both parties, the assessment method, the dispute resolution mechanism and the liability for breach of contract.

Article 19 An educational institution shall make public the name, nationality and other basic information and information on the post, filing number and work permit of the foreign teachers employed, in its public notice board and on its website, unless otherwise stipulated by the State.

Article 20 (Job training) Educational institutions shall, in accordance with the cultural background and characteristics of foreign teachers, formulate pre- and post-service training plans for foreign teachers, and for foreign teachers who have been appointed for the first time, they shall organize or entrust qualified professional educational institutions to conduct no less than 20 hours of job training, including the Chinese Constitution, law, national conditions, teacher ethics, educational policies and business knowledge, teaching ability, etc.

Article 21 Educational institutions shall strengthen the service and management of foreign teachers in accordance with laws and contractual agreements and ensure the quality of education and teaching.

Educational institutions or foreign teachers may not implement short-term centralized instruction in a manner that is manifestly unreasonable, such as intensive course arrangements.

Article 22 (Part-time management) During the same term of employment, foreign teachers may only enter into a contract with an educational institution to obtain a filing number.

With the consent of the appointing institution, foreign teachers may work part-time in other educational institutions. Where a foreign teacher is part-time, the appointment institution, the foreign teacher and the part-time educational institution shall sign a tripartite agreement, which clearly defines the rights and responsibilities of the parties. The institution of appointment shall not charge any fees to part-time educational institutions. The contract for part-time appointment shall be reported to the competent education department for the record, and the competent education department shall notify the public security organ’s immigration and entry administration department of the list for the record. Foreign teachers shall not have more time to teach part-time in part-time than at the institution of appointment.

Article 23 Educational institutions shall improve the examination system, strengthen the standardand and supervision of the moral and teacher stylistical style of foreign teachers, and comprehensively assess the performance of foreign teachers’ performance of their duties.

If the teaching object of a foreign teacher is a minor, the appointment institution shall perform its statutory duties of protecting the minor and take appropriate measures to ensure the personal safety and physical and mental health of the minor.

Article 24 (Encouraging Measures) Educational institutions shall safeguard and support foreign teachers in carrying out teaching research, academic exchanges and other activities, and participate in democratic management in an appropriate manner.

Educational institutions shall recognize and reward foreign teachers who have performed outstandingly in education and teaching, personnel training and promoting exchanges between China and foreign countries, and may recommend to the relevant competent departments and apply for recognition and rewards from the government and relevant departments.

Article 25 Where a foreign teacher is transferred to another educational institution, the educational institution shall, in accordance with law, reapply for a work permit and work-type residence documents for foreigners to Come to China and go through the relevant formalities, and re-apply for the record number of foreign teachers in accordance with the provisions of these Measures.

Article 26 (Platform Construction) The education administrative department under the State Council shall establish and manage a comprehensive information service platform for foreign teachers throughout the country and establish specific norms for the record of foreign teachers.

Educational administrative departments and educational institutions may register with the comprehensive information service platform for foreign teachers in the country, log on to the platform for the record and inquire about relevant information.

Chapter Four Supervision and Responsibility.

Article 27 (Information sharing) Establish an information sharing mechanism for foreign teachers. The administrative department of science and technology under the State Council shall push the information of foreign teachers who issue foreign work permits to work in China to the education administrative department under the State Council in real time, and the education administrative department under the State Council shall push the list of foreign teachers prohibited by practice to the science and technology administrative department under the State Council in real time.

Article 28 (Daily Supervision) The education administrative departments of the local people’s governments, the administrative departments of science and technology, the administrative departments of entry and exit of public security organs and other relevant departments shall strengthen the daily supervision of the recruitment of foreign teachers by educational institutions, and promptly detect and investigate the acts of hiring foreign teachers in violation of relevant laws and regulations.

Where the administrative department of education and the educational supervision institution discover in daily supervision or through complaints, reports and other means that an educational institution has appointed foreign personnel to engage in education and teaching, it shall check whether it has a work permit for foreigners to come to China, a residence certificate for work type and a record number of foreign teachers, and if there are illegal circumstances, it shall promptly report to the relevant competent departments.

Article 29 (Integrity Record) Establish a credit record system for foreign teachers. Foreign teachers shall abide by Chinese laws and contracts during their appointment, have a high quality of education and teaching, and a good teacher’s style, and educational institutions shall reflect them in the examination and report to the competent education administrative department, which shall be included in the national comprehensive information service platform for foreign teachers to be recorded.

Foreign teachers who have received recognition from the government and relevant departments and have a good credit record shall be facilitated by the administrative departments of science and technology and the administrative agencies of public security organs in obtaining permits and handling relevant formalities.

Article 30 (Loss of Trust Record) If a foreign teacher violates the contract and any of the following circumstances occur, the educational institution shall report to the competent education administrative department after it has dealt with it. The education administrative department has verified that it is included in the credit record:

(1) having serious academic misconduct;

(2) engaging in paid work in violation of the law outside the educational institution for which he has been appointed;

(3) if he violates the rules and regulations of the appointment agency and is dismissed;

(4) Leaving the service without the end of the term of appointment.

Article 31 (prohibition of employment) If a foreign teacher has one of the following circumstances, the educational institution shall dismiss him and report it to the competent education administrative department and record it in the credit record:

(1) Words or deeds that undermine China’s national sovereignty, security, honor and public interest;

(2) being investigated for criminal responsibility;

(3) obstructing the implementation of the education policy;

(4) any violation of public security management, such as drug use;

(5) sexually assaulting or abusing minors;

(6) illegally engaging in religious education or missionary work;

(7) engagein in cult activities;

(8) having sexualharassment of students or other serious violations of China’s public order and professional ethics and codes of conduct;

(9) Providing false supporting information during the application to teach in China;

(10) If the record of breach of trust stipulated in Article 30 of these Measures exceeds 3 articles.

Educational institutions shall not appoint foreign personnel who have the circumstances of the preceding paragraph to serve as foreign teachers.

Article 32 Where educational institutions and other social organizations (illegally employing) illegally employ foreign personnel who have been hired without permission or for the record, or who organize the employment of foreign personnel to engage in illegal educational and teaching activities, the public security organs of the local people’s governments at or above the county level and their immigration and entry and exit administrative organs shall be punished according to law. If it constitutes a crime, it shall be investigated for criminal responsibility in accordance with

Article 33 (Institutional fraud) In the course of applying for a work permit or residence permit for a foreign teacher to come to China, the public security organ of the local people’s government at or above the county level and its immigration and immigration administration shall be punished according to law.

Article 34 If an educational institution violates these Measures and any of the following circumstances occurs, the administrative department of education at or above the county level shall order the correction, and may give each person a fine of 1,000 yuan to 10,000 yuan or less, and give a warning or punishment to the principal person in charge of the educational institution; if the circumstances are serious, it may order the admission to stop enrollment according to law, and the administrative department of science and technology shall, if the case is particularly serious, revoke the application for a work permit for its foreigners to work in China;

(1) the appointment of foreign personnel who have not obtained the record number of foreign teachers to teach or who do not report according to the time limit;

(2) If it is found that the foreign teachers appointed have the circumstances listed in Articles 30 and 31 of these Measures, they shall be dealt with in a timely manner;

(3) arranging for foreign teachers to engage in illegal for-profit activities or to carry out short-term intensive lectures on the tour that are obviously unreasonable;

(4) the adverse social impact on the neglect of management by foreign teachers;

(5) The parents of the students who complain about the illegal itys of foreign teachers and do not promptly investigate and deal with them;

(6) to make false publicity about the resumes and abilities of foreign teachers and mislead the public;

(7) Violation of the relevant regulations on part-time work of foreign teachers.

Article 35 If the administrative department of science and technology or the public security organ discovers in their work that the educational institution has illegally employed foreign personnel, or that foreign teachers commit illegal and criminal acts, they shall promptly inform the administrative department of education of the relevant situation and the results of the investigation and punishment.

Chapter 5 By-laws.

Article 36 If a university employs foreign experts for academic exchanges and short-term visits, it shall apply for a visa in the F-word or the corresponding category in accordance with the relevant provisions. Institutions of higher learning shall manage the educational and teaching activities carried out by foreign experts in accordance with these Measures.

Where a foreign teacher is employed in a school for the children of foreign personnel, the measures shall be implemented in accordance with these Measures.

If the online training institution appoints foreign personnel to undertake the work of education and teaching in an online manner abroad, they shall formulate qualification conditions, sign contracts, and implement services and management in accordance with these Measures.

Article 37 The education administrative departments of the provinces, autonomous regions and municipalities directly under the Central Government may, in conjunction with the relevant departments, formulate specific norms for the appointment and management of foreign teachers in their respective administrative areas.

Article 38 (effective date) These Measures shall come into effect from the month of 2020.

If the provisions on the appointment of foreign teachers issued by the administrative department of education under the State Council, the administrative department of science and technology and the former State Bureau of Foreign Experts are inconsistent with these Measures, these Measures shall prevail.

Where foreign teachers have been engaged in the work of foreign teachers in China prior to the implementation of these Measures, they shall, within six months from the date of the implementation of these Measures, perform the procedures for filing in accordance with the provisions of Article 19 of these Measures.

Responsible Editor: Bai Haitao.