This is the English version of Administrative Measures for the Enrollment and Cultivation of International Students by Schools 学校招收和培养国际学生管理办法, also called the Decree 42 or the Order 42. and there is the Chinese version, In case of any dispute, the Chinese version shall prevail.
Source from: 中华人民共和国教育部 Ministry of Education of People’s Republic of China
Administrative Measures for the Enrollment and Cultivation of International Students by Schools
Order of the Ministry of Education, the Ministry of Foreign Affairs and the Ministry of Public Security
(No. 42)
In accordance with laws and regulations and the administration functions of departments, the Ministry of Education, theMinistry of Foreign Affairs and the Ministry of Public Security have jointly developed the Administrative Measures for the Enrollment and Cultivation of International Students by Schools, which are hereby issued, and shall come into force on July 1, 2017.
Minister of Education: Chen Baosheng
Minister of Foreign Affairs: Wang Yi
Minister of Public Security: Guo Shengkun
March 20, 2017
Administrative Measures for the Enrollment and Cultivation of International Students by Schools
Chapter I General Provisions
Article 1 In order to regulate the enrollment, cultivation and administration of international students by schools, facilitate international students’ study in schools within the territory of China, promote international exchanges and cooperation in education, and improve the international level of China’s education, these Measures are developed in accordance with the Education Law of the People’s Republic of China, the Exit-Entry Administration Law of the People’s Republic of China and other laws and regulations.
Article 2 For the purpose of these Measures, “schools” means the schools that provide pre-school education, primary education, secondary education and higher education within the territory of the People’s Republic of China.
For the purpose of these Measures, “international students” means foreign students who do not have the Chinese nationality in accordance with the Nationality Law of the People’s Republic of China and receive education at schools.
Chapters II through V of these Measures shall apply to the institutions of higher education. The enrollment, teaching andon-campus administration of international students by the schools that provide pre-school education, primary education and secondary education shall be governed by the provisions of provinces, autonomous regions and municipalities directly under the Central Government.
Article 3 Schools’ enrollment and cultivation of international students shall abide by Chinese laws and regulations and policies of the state; shall maintain the sovereignty, security and public interests of the state; and shall regulate administration and guarantee quality.
International students shall abide by Chinese laws and regulations, respect Chinese customs and habits, abide by school rules and regulations, and complete the learning tasks of schools.
Article 4 The education administrative department of the State Council shall conduct overall administration of the work on international students nationwide, take charge of developing the macro policies for enrolling and cultivating international students, and guide and coordinate with the education administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government and schools in conducting the work on international students, and may authorize the relevant entities and industry organizations to undertake the international student administration and service work.
The administrative departments of foreign affairs and public security of the State Council shall, according to their respective functions, effectively conduct the relevant administration work concerning international students.
Article 5 The education administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall take charge of guiding, coordinating in and supervising the international student work within their respective administrative regions, and take charge of researching and developing the relevant policies for the international student work at the stages of pre-school education, primary education and secondary education within their respective administrative regions.
The administrative departments of foreign affairs and public security of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to their respective functions, effectively conduct the relevant administration work on international students.
Article 6 The schools that enroll international students shall establish and improve the international student enrollment, cultivation, administration and service system, andbe specifically responsible for the enrollment and cultivation of international students.
Chapter II Enrollment Administration
Article 7 The institutions of higher education that enroll international students shall have the corresponding education and teaching conditions and cultivation capabilities, and independently enroll international students in accordance with the relevant provisions of the state.
Article 8 The institutions of higher education that enroll international students shall undergo the recordation formalities in accordance with the matters and procedures as prescribed by the education administrative department of the State Council.
Article 9 The international students enrolled by institutions of higher education for degree education may be classified as junior college (associate’s) degree candidates, bachelor’s degree candidates, master’s degree candidates or doctoral degree candidates; and those for non-degree education may be classified as preparatory students, cultivation-course attendants or visiting scholars.
Article 10 Institutions of higher education shall, according to their conditions for running schools and cultivation capabilities, determine on their own the international student enrollment plans and the majors for enrollment, except as otherwise provided for by the state.
Article 11 Institutions of higher education shall, in accordance with the enrollment provisions of the state, develop and publish their respective international student enrollment guides, and recruit international students in accordance with the conditions and procedures as stipulated in the enrollment guides.
Article 12 Institutions of higher education shall examine the admission qualifications and economic guarantee certificates of foreign citizens who make enrollment applications, and conduct the examinations or assessments thereof. The admission of international students shall be decided by schools; and the students who fail to meet the enrollment conditions may not be recruited by schools.
Article 13 Institutions of higher education may receive the international students enrolled by or transferred from other schools with the consent of the schools that originally enroll the students.
Article 14 Thecharging items and standards for international students of institutions of higher education shall be governed by the relevant provisions of the state.
Institutions of higher educations shall publish thecharging items and standards for international students and the provisions on the refunds for the students who drop out of schools or are transferred to another schools. Both charges and refunds shall be calculated in RMB.
Chapter III Teaching Administration
Article 15 Institutions of higher education shall incorporate the teaching plans for international students into the overall teaching plans of the schools, select and assign teachers suitable for international student teaching, and establish and improve the education and teaching quality assurance system.
Article 16 International students shall participate in course learning according to thecurriculums and teaching plans of the institutions of higher education, and participate in the corresponding graduation examinations or assessment in accordance with the relevant provisions. Schools shall truthfully record their academic performance and daily performance.
Both “Chinese Language” and “a Survey of China” shall be compulsory courses for higher education. “Theory of Politics” shall be a compulsory course for international students whose major is philosophy or politics.
Article 17 International students may, after being enrolled, change their majors upon their applications and with the consent of institutions of higher education. The conditions and procedures for changing majors shall be stipulated by schools.
Article 18 The “Standard Spoken and Written Chinese Language of the People’s Republic of China” is the basic teaching language for the cultivation of international students by institutions of higher education. Schools may provide the international students whose national standard spoken and written Chinese language levels fail to meet the study requirements with necessary conditions for taking remedial courses.
Article 19 The eligible institutions of higher learning may establish the specialized courses taught in foreign languages for international students. The international students that accept higher education in foreign languages may write academic dissertations in the corresponding foreign languages, while the abstracts of the dissertations shall be written in Chinese; and whether the defenses of academic dissertations are in foreign languages shall be determined by schools.
Article 20 Institutions of higher education shall, according to teaching plans, organize international students to participate in practice teaching and social practices, and the selection of places of internships and practices shall abide by the relevant provisions of the state.
Article 21 Institutions of higher education shall, in accordance with the relevant provisions of the state, issue diplomas or other academic certificates to international students. Institutions of higher education shall handle the electronic registration of school rolls and diplomas of international students in a timely manner.
Institutions of higher education shall grant degree certificates to the international studentsthat meet the conditions for being awarded academic degrees.
Chapter IV On-campus Administration
Article 22 Institutions of higher education shall specify the working bodies that assume the international student administration function, and take charge of making overall coordination in the recruitment, teaching and day-to-day administration of and service for international students as well as the alumni contact after graduation and other work.
Article 23 Institutions of higher education shall publicly disclose to international students the basic information of the schools, education and teaching situations, enrollment guides and the international student administration and service system, so as to facilitate the international students’ obtainment of information.
Article 24 Institutions of higher education shall provide international students withfoodandaccommodation and other necessary life service facilities, and establish and improve and issue the administration system for the use of service facilities. International students living outside the dormitories of schools shall undergo the registration formalities with the public security departments at their places of residence in a timely manner.
Article 25 Institutions of higher education shall educate international students in terms of Chinese laws and regulations, school disciplines and rules, national conditions and school situations, the excellent traditional Chinese culture, customs and habits, among others, so as to help them get familiar with and adapt to the learning and living environment as soon as possible.
Institutions of higher education shall establish the posts of international student counselors, understand international students’ learning and living needs, and effectively conduct the service work in terms of information, consultation, and recreational and sports activities, among others. The proportion of international student counselors shall not be lower than that of Chinese student counselors, and international student counselors may enjoy the same treatment asChinese student counselors.
Article 26 Institutions of higher education shall encourage international students to participate in cultural and sports activities that are conducive to physical and mental health, and facilitate their participation in cultural and sports activities. International students may participate in the celebration activities of public welfare activities and China’s major festivals on a voluntary basis.
Institutions of higher education generally do not organize international students to participate in military trainings and political activities.
Article 27 International students may, with the consent of institutions of higher learning, hold the activities celebrating important traditional festivals of their own countries at the designated locations of the schools and within the specified scopes. During these activities, objections to and attacks against other countries, or words or actions that violate public morality shall not be permitted.
Article 28 International students may, upon approval by institutions of higher education,establish friendship groups on campus, and carry out activities within the scope as prescribed by Chinese laws and regulations, and accept the guidance and administration of schools.
Article 29 Institutions of higher education shall respect the national customs and religious beliefs of international students, but do not providevenues for holding religious activities. No missionary or religious gatherings or any other religious activities may be conducted within the schools.
Article 30 International students may participate in work-study programsduring their study in institutions of higher education, but shall not get employed, do business or engage in other operational activities
The specific administrative provisions onwork-study programs for international students shall be developed separately by the education administrative department of the State Council in conjunction with the relevant departments.
Article 31 Institutions of higher education shall conduct the administration of school rolls of international students by reference to the administrative provisions on the administration of school rolls of Chinese students. Where a school orders any international student to leave school or take a disciplinary action of dismissing him or her from school, it shall undergo the recordation formalities in accordance with the provisions of the education administrative department of the State Council.
Chapter V Scholarships
Article 32 The Chinese Government has established the Chinese Government Scholarships for international students who receive higher education, and encourages the local people’s governments to establish international student scholarships.
The measures for the administration of the Chinese Government Scholarships shall be developed by the relevant administrative departments of the State Council.
Article 33 The education administrative department of the State Council shall authorizeon a merit basis institutions of higher education to cultivate students under Chinese Government Scholarship Programs. The institutions of higher education that undertake the task of cultivating the Chinese government scholarship students shall give priority to the enrollment of students under Chinese Government Scholarship Programs.
Article 34 Institutions of higher education may set up scholarships for international students. Enterprises, public institutions, social groups and other social organizations and individuals shall be encouraged to set up international student scholarships, but shall not set any additional unreasonable conditions.
Chapter VI Social Administration
Article 35 Where a foreigner applies for studying at a school as mentioned in Article 2 of these Measures, he or she shall, before entry, apply for an X1 or X2 visa to the Chinese embassy or consulate in his or her country of nationality or the country of residence or otherChina’s institution stationed abroadauthorized by the Ministry of Foreign Affairs according to his or her duration of study, and submit as required the certificates that have undergone the recordation formalities with the education administrative department, the admission notice and other relevant materials issued by the school.
Article 36 Where an international student needs to apply for a residence certificate after the study visa he or she holds is indicated with “entry,” he or she shall, within 30 days from the date of entry, apply for a foreigner residence certificate for study to the entry and exit administrative department of the public security organ at the place where he or she is to reside.
Article 37 If the Ministry of Foreign Affairs has otherwise provided for an application for study in a school filed by any person of aforeign diplomatic mission or consulate in China or the representative office of an international organization stationed in China or any of his or her accompanying family members, such provision of the Ministry of Foreign Affairs shall prevail. Whoever fails to undergo the relevant formalities as required may not be enrolled by a school.
Article 38 To enroll an international student who is under the age of eighteen and whose parents do not permanently reside within the territory of China, a school shall require his or her parents to formally authorize a foreigner who permanently resides within the territory of China or a Chinese to act as the international student’s guardian, and provide the relevant certification materials.
A school may accept the international students who come to China in a group for short-term study, provided that such school has concluded an agreement in advance with the foreign entity that dispatches these international students. Where a school that provides primary or secondary education accepts the international students who come to China in a group for short-term study, the foreign entity that dispatches these international students shall, in accordance with the legal provisions of the country where it is located, undergo in advanceall legal formalities necessary for organizing the entry and exit of minors, and assign persons to come with the groups and act as the guardians of the international students during their study at schools.
Article 39 International students shall, when entering schools, undergo the confirmation formalities for a Foreigner’s Physical Examination Record with the health and quarantine departments in China or take physical examinations in accordance with the provisions of the health administrative departments in China. Where it is confirmed in a physical examinationthat an international student suffers from serious mental disorder, infectious pulmonary tuberculosis or any other infectious disease that may cause serious damage to the public health as prescribed in the Exit-Entry Administration Law of the People’s Republic of China, the public security organ shall handle the issue in accordance with the law.
Article 40 A school shall implement the system under which all international students shall be covered by insurance. International students must be insured in accordance with the relevant provisions of the state and the requirements of the schools. An international student who fails to purchase insurance in accordance with the relevant provisions shall be insured within a prescribed time limit; otherwise, he or she shall not be enrolled by the school. If the student has already studied at school, he or she shall be dropped out of school or shall not be registered.
Chapter VII Supervision and Administration
Article 41 The education administrative department of the State Council shall establish and improve the quality supervision system for the cultivation of international students. The education administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall supervise the cultivation of international students within their respective administrative regions.
Article 42 The administrative departments of education, public security and foreign affairs of the State Council that assume the function of the administration of international students shall establish the international student information management system by utilizing modern information technologies, promote theworking mechanism for information sharing, and keep improving the administration of and service for international students.
Article 43 The international students who violate the Exit-Entry Administration Law of the People’s Republic of China, the Public Security Administration Punishments Law of the People’s Republic of China, the Regulation of the People’s Republic of China on the Administration of the Entry and Exit of Foreign Nationals, the Provisions on the Administration of Religious Activities of Foreigners within the Territory of the People’s Republic of China and other laws and regulations shall be handled by the public security and other competent departments in accordance with the law.
Article 44 Where an institution conducts any of the following acts in the process of recruiting and cultivating international students, the education administrative department shall order it to make rectification, and hold it legally liable in accordance with the relevant provisions of the Education Law of the People’s Republic of China, and may restrict it from recruiting international students:
(1) Recruiting students in violation of the provisions of the state or the enrollment requirements of the school.
(2) Seeking profits in the process of recruiting students.
(3) Failing to publicly disclose charging items or standards or failing to charge fees according to the items and standards.
(4) Issuing degree certificates,diplomas, or other academic certificates in violation of regulations.
(5)Having inferiorteaching quality or conducting improper administration or providing ineffective services, causing adverse social impacts.
(6)Committing any other violation of laws or regulations.
Chapter VIII Supplementary Provisions
Article 45 For the purpose of these Measures, “short-term study” means studying in a Chinese school for 180 days or less; and “long-term study” means studying in a Chinese school for more than 180 days.
Article 46 The enrollment of international students by a scientific research institution approved to undertake the task of postgraduate education within the territory of China shall be governed by these Measures.
These Measures may apply, mutatis mutandis, to the enrollment of international students by an educational institution approved by the education administrative department to provide the non-degree education.
The enrollment, cultivation and administration of students from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region, as well as the enrollment, cultivation and administration of the children of foreigners within the territory of China shall be governed by other relevant provisions of the state.
Article 47 The departments of education, foreign affairs and public security of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with these Measures, develop the administrative provisions of their respective provinces, autonomous regions and municipalities directly under the Central Government.
Article 48 These Measures shall come into force on July 1, 2017. The Provisions on the Administration of Acceptance of Foreign Students by Chinese Institutions of Higher Education issued by the Ministry of Education, the Ministry of Foreign Affairs and the Ministry of Public Security on January 31, 2000, and the Interim Measures for the Administration of the Acceptance of Foreign Students by Middle and Primary Schools issued by the Ministry of Education on July 21, 1999, shall be repealed concurrently.