(authorized to release) Vocational Education Law of the People's Republic of China
Xinhua News Agency, Beijing, April 20th
Vocational Education Law of the People's Republic of China
(Adopted at the 19th meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996 and revised at the thirty-fourth meeting of the Standing Committee of the Thirteenth National People's Congress on April 20, 2022)
content
Chapter 1 General Provisions
Chapter II Vocational Education System
Chapter III Implementation of Vocational Education
Chapter IV Vocational Schools and Vocational Training Institutions
Chapter 5 Teachers and Educators in Vocational Education
Chapter VI Guarantee of Vocational Education
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to promote the high-quality development of vocational education, improve the quality and technical skills of workers, promote employment and entrepreneurship, build a country with strong education, a strong country in human resources, and a skilled society, and promote socialist modernization.
Article 2 The term "vocational education" as used in this Law refers to the comprehensive occupation of professional ethics, scientific culture, professional knowledge, and technical skills required for cultivating high-quality technical and technical talents so that educated persons can engage in certain occupations or achieve occupational development. Education for quality and action, including vocational school education and vocational training.
The special training provided by organs and public institutions to their staff shall be separately stipulated by laws and administrative regulations.
Article 3 Vocational education is an education type with the same important status as general education, an important part of the national education system and human resource development, and an important way to cultivate diverse talents, inherit technical skills, and promote employment and entrepreneurship.
The state vigorously develops vocational education, promotes vocational education reform, improves the quality of vocational education, enhances the adaptability of vocational education, and establishes and improves a vocational education system that meets the needs of the socialist market economy and social development and conforms to the law of growth of technical and skilled personnel, in order to build a society in an all-round way. The modernist country provides strong talent and technical support.
Article 4 Vocational education must adhere to the leadership of the Communist Party of China, adhere to the socialist direction of running schools, implement the national education policy, adhere to the cultivation of morality, cultivate people with morality, and adhere to the integration of production and education, school-enterprise cooperation, adhere to market-oriented, and promote employment. , adhere to practice-oriented, strengthen ability, and insist on teaching everyone according to their aptitude.
The implementation of vocational education should carry forward the core socialist values, provide ideological and political education and professional ethics education to the educated, cultivate the spirit of model workers, labor spirit, and craftsmanship, impart scientific culture and professional knowledge, cultivate technical skills, provide vocational guidance, and comprehensively improve The quality of the educated.
Article 5 Citizens have the right to receive vocational education in accordance with the law.
Article 6 Vocational education implements government overall planning, hierarchical management, local-based, industry guidance, school-enterprise cooperation, and social participation.
Article 7 The people's governments at all levels shall incorporate the development of vocational education into their national economic and social development plans, and make overall arrangements and overall implementation with the promotion of employment and entrepreneurship, the transformation of development methods, the adjustment of industrial structures, and the optimization and upgrading of technologies.
Article 8 The State Council shall establish a coordination mechanism for vocational education work to coordinate the national vocational education work as a whole.
The education administrative department of the State Council is responsible for the overall planning, comprehensive coordination and macro management of vocational education work.
The education administrative department, human resources and social security administrative department and other relevant departments of the State Council shall be respectively responsible for the relevant vocational education work within the scope of responsibilities prescribed by the State Council.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen their leadership over the vocational education work within their respective administrative regions, clarify the specific job responsibilities of the people's governments at the districted city and county levels for vocational education, make overall plans and coordinate the development of vocational education, and organize supervision and evaluation.
The relevant departments of the local people's government at or above the county level shall strengthen communication and cooperation to jointly promote vocational education.
Article 9 The state encourages the development of various levels and forms of vocational education, promotes diversified school-running, and supports social forces to participate in vocational education on an equal footing and in a wide range.
The state gives full play to the role of enterprises as the main body of running schools, promotes the deep participation of enterprises in vocational education, and encourages enterprises to hold high-quality vocational education.
Relevant industry authorities, trade unions, China Vocational Education Association and other mass organizations, industry organizations, enterprises, institutions, etc. shall perform their obligations to implement vocational education in accordance with the law, and participate in, support or carry out vocational education.
Article 10 The state shall take measures to vigorously develop education for skilled workers and comprehensively improve the quality of industrial workers.
The state has taken measures to support vocational education for rural areas, organize agricultural skills training, return home entrepreneurship and employment training and vocational skills training, and cultivate high-quality rural revitalization talents.
The state takes measures to support the development of vocational education in old revolutionary base areas, ethnic minority areas, remote areas and underdeveloped areas.
The state takes measures to organize various types of job-transfer, re-employment, unemployed and special groups to receive various forms of vocational education, and to support the development of vocational education for the disabled.
The state guarantees women's equal right to receive vocational education.
Article 11 The implementation of vocational education shall be based on the needs of economic and social development, in combination with occupational classification, occupational standards, and occupational development needs, to formulate education standards or training programs, and implement academic certificates and other academic certificates, training certificates, vocational qualification certificates and vocational skill grades certificate system.
The state implements a system in which workers receive necessary vocational education before employment or employment.
Article 12 The state takes measures to improve the social status and treatment of technical and skilled personnel, to promote the glory of labor, the preciousness of skills, and to create a great fashion of the times.
The state commends and rewards units and individuals who have made outstanding achievements in vocational education work in accordance with relevant regulations.
The second week of May every year is the week of vocational education activities.
Article 13 The state encourages foreign exchanges and cooperation in the field of vocational education, supports the introduction of overseas high-quality resources to develop vocational education, encourages qualified vocational education institutions to run schools overseas, and supports the development of various forms of mutual recognition of vocational education learning outcomes.
Chapter II Vocational Education System
Article 14 The state establishes and improves a modern vocational education system that meets the needs of economic and social development, deeply integrates production and education, attaches equal importance to vocational school education and vocational training, integrates vocational education and general education, and effectively connects different levels of vocational education to serve the lifelong learning of the whole people. .
The state optimizes the educational structure, scientifically allocates educational resources, and adjusts measures to local conditions and promotes the coordinated development of vocational education and general education at different stages after compulsory education.
Article 15 Vocational school education is divided into secondary vocational school education and higher vocational school education.
Secondary vocational school education is implemented by secondary vocational schools (including technical schools) at the senior secondary education level.
Higher vocational school education is carried out by higher vocational schools and ordinary institutions of higher learning at the level of junior college, undergraduate and above education.
According to the regulations on the establishment of higher vocational schools, qualified technician colleges will be included in the sequence of higher vocational schools.
Other schools, educational institutions or qualified enterprises and industry organizations may, in accordance with the overall planning of the education administrative department, implement vocational school education at the corresponding level or provide credit courses included in the talent training plan.
Article 16 Vocational training includes pre-employment training, on-the-job training, re-employment training and other vocational training, which may be implemented by grades and classifications according to actual conditions.
Vocational training can be implemented by corresponding vocational training institutions and vocational schools.
Other schools or educational institutions as well as enterprises and social organizations may, according to the school-running capabilities and social needs, carry out social-oriented and various forms of vocational training in accordance with the law.
Article 17 The state establishes and improves the certification, accumulation and conversion mechanisms for school education and vocational training credits, qualifications and other learning outcomes at all levels and types, promotes the construction of a national credit bank for vocational education, and promotes the integration and integration of learning outcomes between vocational education and general education. mutual recognition.
The military vocational skill level is included in the national vocational qualification certification and vocational skill level evaluation system.
Article 18 In addition to the implementation of vocational education for disabled persons by educational institutions for disabled persons, vocational schools, vocational training institutions and other educational institutions at all levels and types shall accept disabled students in accordance with relevant state regulations, and strengthen the construction of barrier-free environments, so as to provide students with disabilities. Provide necessary help and convenience for study and life.
The state takes measures to support educational institutions, vocational schools, vocational training institutions and other educational institutions for the disabled to carry out or jointly carry out vocational education for the disabled.
Special education teachers engaged in vocational education for disabled persons shall enjoy special education allowances in accordance with regulations.
Article 19 The education administrative department of the people's government at or above the county level shall encourage and support ordinary primary and secondary schools and ordinary institutions of higher learning, increase the relevant teaching content of vocational education according to actual needs, conduct vocational enlightenment, vocational awareness, and vocational experience, and carry out career planning guidance, Labor education, and organize and guide vocational schools, vocational training institutions, enterprises and industry organizations to provide conditions and support.
Chapter III Implementation of Vocational Education
Article 20 The education administrative department of the State Council shall, in accordance with the needs of economic and social development and the characteristics of vocational education, organize the formulation and revision of the professional catalogue of vocational education, improve the standards of vocational education and teaching, and guide the construction of teaching materials for vocational schools on a macro level.
Article 21 Local people's governments at or above the county level shall establish or participate in the establishment of vocational schools and vocational training institutions that play a key and exemplary role, and provide guidance and support to vocational schools and vocational training institutions established by social forces in accordance with the law.
According to the needs of industrial layout and industry development, the state has taken measures to vigorously develop emerging majors required by industries such as advanced manufacturing, and support the construction of high-level vocational schools and majors.
The state has taken measures to accelerate the cultivation of technical and skilled personnel in childcare, nursing, health care, and housekeeping.
Article 22 The people's government at the county level may, according to the needs of the economic and social development of the county, set up vocational education center schools, carry out various forms of vocational education, and implement practical technical training.
The education administrative department may entrust the vocational education center school to undertake the public administration and service of vocational education such as education and teaching guidance, education quality evaluation, and teacher training.
Article 23 The competent departments of the industry shall strengthen the guidance of vocational education according to the needs of the industry and industrial talents, and regularly release information on the needs of talents.
Industry authorities, trade unions, China Vocational Education Association and other groups and industry organizations can participate in the formulation of vocational education professional catalogs and related vocational education standards, carry out talent demand forecasting, career development research and information consultation, and cultivate talents that match supply and demand. The production-education integration service organization organizes or jointly organizes vocational schools and vocational training institutions, and organizes, coordinates, and guides relevant enterprises, institutions, and social organizations to organize vocational schools and vocational training institutions.
Article 24 An enterprise shall, according to the actual situation of the unit, carry out vocational education for its employees and personnel to be recruited in a planned way, and may set up full-time or part-time positions for vocational education.
Enterprises shall implement a training and induction system in accordance with relevant state regulations.
Workers engaged in technical jobs recruited by enterprises must undergo safety production education and technical training before taking up their posts; workers recruited for specific occupations (jobs) involving public safety, personal health, life and property safety, etc. must undergo training and be trained. Obtain professional qualifications or special operation qualifications in accordance with the law.
The enterprise's development of vocational education shall be included in the corporate social responsibility report.
Article 25 Enterprises may use capital, technology, knowledge, facilities, equipment, venues and management and other elements to organize or jointly organize vocational schools and vocational training institutions.
Article 26 The state encourages, guides and supports enterprises and other social forces to establish vocational schools and vocational training institutions in accordance with the law.
Local people's governments at all levels take measures to purchase services, provide students with student loans, scholarships and other measures, and support vocational schools and vocational training institutions established by enterprises and other social forces in accordance with the law; non-profit vocational schools and vocational training institutions. Institutions can also take support measures such as government subsidies, fund awards, and donation incentives, and provide appropriate subsidies with reference to relevant funding standards and support policies such as the per-student funding for similar public schools at the same level.
Article 27 Enterprises that are deeply involved in the integration of production and education, school-enterprise cooperation, and play an important role in improving the quality of technical and skilled personnel training and promoting employment shall be rewarded in accordance with regulations; , to provide financial, fiscal, land and other support in accordance with regulations, and implement additional education fees, local education additional reductions and exemptions, and other tax and fee concessions.
Article 28 Where vocational schools and vocational training institutions are jointly established, the organizers shall sign a joint school-running agreement, stipulating the rights and obligations of all parties.
Local people's governments at all levels and competent industry departments support social forces to participate in joint school-running in accordance with the law, and organize various forms of vocational schools and vocational training institutions.
Industry authorities, trade unions and other mass organizations, industry organizations, enterprises, institutions, etc. entrust schools and vocational training institutions to implement vocational education, they shall sign an entrustment contract.
Article 29 The people's governments at or above the county level shall strengthen the construction of vocational education practice and training bases, and organize industry authorities, trade unions and other mass organizations, industry organizations, and enterprises to build high-level and professional vocational education according to the needs of regions or industries. , An open and shared practice and training base for the integration of production and education, providing conditions and support for vocational schools and vocational training institutions to carry out practical training and enterprises to carry out training.
Article 30 The state promotes the apprenticeship system with Chinese characteristics, guides enterprises to set up apprenticeship positions according to a certain proportion of the total number of positions, encourages and supports enterprises with the ability to cultivate technical and skilled personnel, especially enterprises that integrate production and education, and vocational schools and vocational training institutions. Cooperate to conduct apprenticeship training for newly recruited employees, on-the-job employees and transfer employees, or jointly recruit students with vocational schools to conduct apprenticeship training in a work-study manner.
Relevant enterprises can enjoy subsidies in accordance with regulations.
If an enterprise and a vocational school jointly recruit students and conduct apprentice training in a work-study manner, an apprenticeship training agreement shall be signed.
Article 31 The state encourages industry organizations and enterprises to participate in the development of professional teaching materials for vocational education, incorporate new technologies, new processes, and new concepts into vocational school teaching materials, and can dynamically update through loose-leaf teaching materials and other methods; support the use of information Technology and other modern teaching methods, develop learning resources such as vocational education online courses, innovate teaching methods and school management methods, and promote the construction and integration of vocational education informatization.
Article 32 The state organizes and conducts vocational skills competitions and other activities, provides a platform for technical and technical talents to demonstrate their skills and compare their skills, and continuously cultivate more high-quality technical and technical talents, skilled craftsmen and great country craftsmen.
Chapter IV Vocational Schools and Vocational Training Institutions
Article 33 The establishment of a vocational school shall meet the following basic conditions:
(1) It has an organizational structure and articles of association;
(2) There are qualified teachers and administrators;
(3) There are teaching and practice training places, facilities, equipment, curriculum systems, education and teaching resources, etc. that are compatible with the vocational education being implemented and meet the prescribed standards and safety requirements;
(4) Having the necessary funds for running a school and a stable source of funding commensurate with the scale of running a school.
The establishment of secondary vocational schools shall be subject to the examination and approval of the local people's governments at or above the county level or relevant departments in accordance with the prescribed authority; the establishment of higher vocational schools that implement education at the junior college level shall be subject to the examination and approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to the education administrative department of the State Council for the record; Higher vocational schools with education at the undergraduate level or above shall be subject to the examination and approval of the education administrative department of the State Council.
Vocational education at the undergraduate level may be implemented upon the approval of the education administrative department of the State Council for some majors set up by higher vocational schools at the junior college level to train high-end technical and technical personnel, which meet the conditions of deep integration of production and education, distinctive school-running characteristics, and high training quality.
Article 34 The establishment of a vocational training institution shall meet the following basic conditions:
(1) It has an organizational structure and management system;
(2) Having a curriculum system, teachers or other teaching personnel and management personnel that are suitable for the training tasks;
(3) There are places, facilities and equipment that are suitable for the training tasks and meet the safety requirements;
(4) There are corresponding funds.
The establishment, modification and termination of vocational training institutions shall be implemented in accordance with relevant state regulations.
Article 35 Public vocational schools implement the principal responsibility system under the leadership of the grassroots organizations of vocational schools of the Communist Party of China. The grassroots organizations of vocational schools of the Communist Party of China, in accordance with the articles of association of the Communist Party of China and relevant regulations, comprehensively lead the work of the school and support the principals in exercising their functions and powers independently and responsibly.
Private vocational schools shall improve the decision-making mechanism in accordance with the law, strengthen the political function of the school's grassroots organization of the Communist Party of China, and ensure that it plays an effective role in the decision-making, supervision, and implementation of major school matters.
The principal is fully responsible for the teaching, scientific research and other administrative work of the school.
The principal exercises his powers through the principal's office meeting or the school council, and accepts supervision in accordance with the law.
Vocational schools can listen to the opinions of representatives of industry organizations, enterprises, school graduates, etc. through consultation, negotiation and other forms, and play their role in participating in school construction and supporting school development.
Article 36 Vocational schools shall run schools in accordance with the law and manage independently according to the articles of association.
Vocational schools may carry out the following activities in running schools:
(1) According to the needs of the industry, independently set up majors in accordance with the law;
(2) Formulate talent training programs based on vocational education standards, and independently select or compile professional course materials in accordance with the law;
(3) According to the needs of cultivating technical and technical talents, independently set up learning systems and arrange teaching processes;
(4) On the basis of the basic academic system, appropriately adjust the length of study and implement a flexible learning system;
(5) Independently select and hire professional course teachers according to law.
Article 37 The state establishes an examination and enrollment system that conforms to the characteristics of vocational education.
Secondary vocational schools may, in accordance with relevant state regulations, implement enrollment and training in related majors that are integrated with higher vocational school education.
Higher vocational schools may, in accordance with relevant state regulations, adopt an assessment method combining cultural quality and vocational skills to recruit students; for technical and skilled talents with outstanding contributions, they may be admitted by exception after passing the assessment.
The education administrative department of the people's government at or above the provincial level, together with the relevant departments of the people's government at the same level, establishes a unified enrollment platform for vocational education, summarizes and releases information on schools implementing vocational education, their professional settings, enrollment, and provides services such as inquiry and application.
Article 38 Vocational schools shall strengthen the construction of school ethos and style of study and teachers' morality, create a good learning environment, and ensure the quality of education and teaching.
Article 39 Vocational schools shall establish and improve employment and entrepreneurship promotion mechanisms, and provide students with employment and entrepreneurship services such as career planning, career experience, and job-seeking guidance in various forms, so as to enhance students' employment and entrepreneurship capabilities.
Article 40 Vocational schools and vocational training institutions shall pay attention to the integration of production and education in the implementation of vocational education, and implement school-enterprise cooperation.
Vocational schools and vocational training institutions can cooperate in various forms such as co-organizing vocational education institutions, establishing vocational education groups, and carrying out order training with industry organizations, enterprises, and institutions.
The state encourages vocational schools in recruitment and employment, talent training plan formulation, teacher team building, professional planning, curriculum setting, teaching material development, teaching design, teaching implementation, quality evaluation, scientific research, technical services, transformation of scientific and technological achievements, and technical skills innovation platform, In terms of professional technology transfer institutions and construction of internship training bases, establish cooperation mechanisms with relevant industry organizations, enterprises, and institutions.
For cooperation, an agreement should be signed to clarify the rights and obligations of both parties.
Article 41 Vocational schools and vocational training institutions carry out school-enterprise cooperation, provide social services, or organize enterprises and conduct business activities for the purpose of practical training. The income obtained is used to improve school conditions; a certain proportion of income can be used to pay teachers , enterprise experts, external personnel and educated labor remuneration, can also be used as a source of performance wages, in line with national regulations can not be limited by the total amount of performance wages.
Vocational schools and vocational training institutions that implement the activities specified in the preceding paragraph and comply with relevant state regulations shall enjoy relevant preferential tax and fee policies.
Article 42 Vocational schools shall collect tuition fees and other necessary fees in accordance with the prescribed charging standards and methods; if they meet the conditions stipulated by the state, they shall be exempted; they shall not illegally collect fees in the name of introducing jobs or arranging internships.
职业培训机构、职业学校面向社会开展培训的，按照国家有关规定收取费用。
第四十三条 职业学校、职业培训机构应当建立健全教育质量评价制度，吸纳行业组织、企业等参与评价，并及时公开相关信息，接受教育督导和社会监督。
县级以上人民政府教育行政部门应当会同有关部门、行业组织建立符合职业教育特点的质量评价体系，组织或者委托行业组织、企业和第三方专业机构，对职业学校的办学质量进行评估，并将评估结果及时公开。
职业教育质量评价应当突出就业导向，把受教育者的职业道德、技术技能水平、就业质量作为重要指标，引导职业学校培养高素质技术技能人才。
有关部门应当按照各自职责，加强对职业学校、职业培训机构的监督管理。
第五章 职业教育的教师与受教育者
第四十四条 国家保障职业教育教师的权利，提高其专业素质与社会地位。
县级以上人民政府及其有关部门应当将职业教育教师的培养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。
第四十五条 国家建立健全职业教育教师培养培训体系。
各级人民政府应当采取措施，加强职业教育教师专业化培养培训，鼓励设立专门的职业教育师范院校，支持高等学校设立相关专业，培养职业教育教师；鼓励行业组织、企业共同参与职业教育教师培养培训。
产教融合型企业、规模以上企业应当安排一定比例的岗位，接纳职业学校、职业培训机构教师实践。
第四十六条 国家建立健全符合职业教育特点和发展要求的职业学校教师岗位设置和职务(职称)评聘制度。
职业学校的专业课教师(含实习指导教师)应当具有一定年限的相应工作经历或者实践经验，达到相应的技术技能水平。
具备条件的企业、事业单位经营管理和专业技术人员，以及其他有专业知识或者特殊技能的人员，经教育教学能力培训合格的，可以担任职业学校的专职或者兼职专业课教师；取得教师资格的，可以根据其技术职称聘任为相应的教师职务。取得职业学校专业课教师资格可以视情况降低学历要求。
第四十七条 国家鼓励职业学校聘请技能大师、劳动模范、能工巧匠、非物质文化遗产代表性传承人等高技能人才，通过担任专职或者兼职专业课教师、设立工作室等方式，参与人才培养、技术开发、技能传承等工作。
第四十八条 国家制定职业学校教职工配备基本标准。省、自治区、直辖市应当根据基本标准，制定本地区职业学校教职工配备标准。
县级以上地方人民政府应当根据教职工配备标准、办学规模等，确定公办职业学校教职工人员规模，其中一定比例可以用于支持职业学校面向社会公开招聘专业技术人员、技能人才担任专职或者兼职教师。
第四十九条 职业学校学生应当遵守法律、法规和学生行为规范，养成良好的职业道德、职业精神和行为习惯，努力学习，完成规定的学习任务，按照要求参加实习实训，掌握技术技能。
职业学校学生的合法权益，受法律保护。
第五十条 国家鼓励企业、事业单位安排实习岗位，接纳职业学校和职业培训机构的学生实习。接纳实习的单位应当保障学生在实习期间按照规定享受休息休假、获得劳动安全卫生保护、参加相关保险、接受职业技能指导等权利；对上岗实习的，应当签订实习协议，给予适当的劳动报酬。
职业学校和职业培训机构应当加强对实习实训学生的指导，加强安全生产教育，协商实习单位安排与学生所学专业相匹配的岗位，明确实习实训内容和标准，不得安排学生从事与所学专业无关的实习实训，不得违反相关规定通过人力资源服务机构、劳务派遣单位，或者通过非法从事人力资源服务、劳务派遣业务的单位或个人组织、安排、管理学生实习实训。
第五十一条 接受职业学校教育，达到相应学业要求，经学校考核合格的，取得相应的学业证书；接受职业培训，经职业培训机构或者职业学校考核合格的，取得相应的培训证书；经符合国家规定的专门机构考核合格的，取得相应的职业资格证书或者职业技能等级证书。
学业证书、培训证书、职业资格证书和职业技能等级证书，按照国家有关规定，作为受教育者从业的凭证。
接受职业培训取得的职业技能等级证书、培训证书等学习成果，经职业学校认定，可以转化为相应的学历教育学分；达到相应职业学校学业要求的，可以取得相应的学业证书。
接受高等职业学校教育，学业水平达到国家规定的学位标准的，可以依法申请相应学位。
第五十二条 国家建立对职业学校学生的奖励和资助制度，对特别优秀的学生进行奖励，对经济困难的学生提供资助，并向艰苦、特殊行业等专业学生适当倾斜。国家根据经济社会发展情况适时调整奖励和资助标准。
国家支持企业、事业单位、社会组织及公民个人按照国家有关规定设立职业教育奖学金、助学金，奖励优秀学生，资助经济困难的学生。
职业学校应当按照国家有关规定从事业收入或者学费收入中提取一定比例资金，用于奖励和资助学生。
省、自治区、直辖市人民政府有关部门应当完善职业学校资助资金管理制度，规范资助资金管理使用。
第五十三条 职业学校学生在升学、就业、职业发展等方面与同层次普通学校学生享有平等机会。
高等职业学校和实施职业教育的普通高等学校应当在招生计划中确定相应比例或者采取单独考试办法，专门招收职业学校毕业生。
各级人民政府应当创造公平就业环境。用人单位不得设置妨碍职业学校毕业生平等就业、公平竞争的报考、录用、聘用条件。机关、事业单位、国有企业在招录、招聘技术技能岗位人员时，应当明确技术技能要求，将技术技能水平作为录用、聘用的重要条件。事业单位公开招聘中有职业技能等级要求的岗位，可以适当降低学历要求。
第六章 职业教育的保障
第五十四条 国家优化教育经费支出结构，使职业教育经费投入与职业教育发展需求相适应，鼓励通过多种渠道依法筹集发展职业教育的资金。
第五十五条 各级人民政府应当按照事权和支出责任相适应的原则，根据职业教育办学规模、培养成本和办学质量等落实职业教育经费，并加强预算绩效管理，提高资金使用效益。
省、自治区、直辖市人民政府应当制定本地区职业学校生均经费标准或者公用经费标准。职业学校举办者应当按照生均经费标准或者公用经费标准按时、足额拨付经费，不断改善办学条件。不得以学费、社会服务收入冲抵生均拨款。
民办职业学校举办者应当参照同层次职业学校生均经费标准，通过多种渠道筹措经费。
财政专项安排、社会捐赠指定用于职业教育的经费，任何组织和个人不得挪用、克扣。
第五十六条 地方各级人民政府安排地方教育附加等方面的经费，应当将其中可用于职业教育的资金统筹使用；发挥失业保险基金作用，支持职工提升职业技能。
第五十七条 各级人民政府加大面向农村的职业教育投入，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。
第五十八条 企业应当根据国务院规定的标准，按照职工工资总额一定比例提取和使用职工教育经费。职工教育经费可以用于举办职业教育机构、对本单位的职工和准备招用人员进行职业教育等合理用途，其中用于企业一线职工职业教育的经费应当达到国家规定的比例。用人单位安排职工到职业学校或者职业培训机构接受职业教育的，应当在其接受职业教育期间依法支付工资，保障相关待遇。
企业设立具备生产与教学功能的产教融合实习实训基地所发生的费用，可以参照职业学校享受相应的用地、公用事业费等优惠。
第五十九条 国家鼓励金融机构通过提供金融服务支持发展职业教育。
第六十条 国家鼓励企业、事业单位、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。提供的资助和捐赠，必须用于职业教育。
第六十一条 国家鼓励和支持开展职业教育的科学技术研究、教材和教学资源开发，推进职业教育资源跨区域、跨行业、跨部门共建共享。
国家逐步建立反映职业教育特点和功能的信息统计和管理体系。
县级以上人民政府及其有关部门应当建立健全职业教育服务和保障体系，组织、引导工会等群团组织、行业组织、企业、学校等开展职业教育研究、宣传推广、人才供需对接等活动。
第六十二条 新闻媒体和职业教育有关方面应当积极开展职业教育公益宣传，弘扬技术技能人才成长成才典型事迹，营造人人努力成才、人人皆可成才、人人尽展其才的良好社会氛围。
第七章 法律责任
第六十三条 在职业教育活动中违反《中华人民共和国教育法》、《中华人民共和国劳动法》等有关法律规定的，依照有关法律的规定给予处罚。
第六十四条 企业未依照本法规定对本单位的职工和准备招用的人员实施职业教育、提取和使用职工教育经费的，由有关部门责令改正；拒不改正的，由县级以上人民政府收取其应当承担的职工教育经费，用于职业教育。
第六十五条 职业学校、职业培训机构在职业教育活动中违反本法规定的，由教育行政部门或者其他有关部门责令改正；教育教学质量低下或者管理混乱，造成严重后果的，责令暂停招生、限期整顿；逾期不整顿或者经整顿仍达不到要求的，吊销办学许可证或者责令停止办学。
第六十六条 接纳职业学校和职业培训机构学生实习的单位违反本法规定，侵害学生休息休假、获得劳动安全卫生保护、参加相关保险、接受职业技能指导等权利的，依法承担相应的法律责任。
职业学校、职业培训机构违反本法规定，通过人力资源服务机构、劳务派遣单位或者非法从事人力资源服务、劳务派遣业务的单位或个人组织、安排、管理学生实习实训的，由教育行政部门、人力资源社会保障行政部门或者其他有关部门责令改正，没收违法所得，并处违法所得一倍以上五倍以下的罚款；违法所得不足一万元的，按一万元计算。
对前款规定的人力资源服务机构、劳务派遣单位或者非法从事人力资源服务、劳务派遣业务的单位或个人，由人力资源社会保障行政部门或者其他有关部门责令改正，没收违法所得，并处违法所得一倍以上五倍以下的罚款；违法所得不足一万元的，按一万元计算。
第六十七条 教育行政部门、人力资源社会保障行政部门或者其他有关部门的工作人员违反本法规定，滥用职权、玩忽职守、徇私舞弊的，依法给予处分；构成犯罪的，依法追究刑事责任。
第八章 附则
Article 68 This Law shall apply to the establishment of vocational schools and vocational training institutions in China by overseas organizations and individuals; where laws and administrative regulations provide otherwise, such provisions shall prevail.
Article 69 This Law shall come into force on May 1, 2022.