Order No. 42 of the Ministry of Education, the Ministry of Foreign Affairs, and the Ministry of Public Security
Chapter I General Provisions
Article 1 To regulate the enrollment, cultivation and management of international students by schools, create favorable conditions for international students to pursue studies in the territory of China, boost educational exchanges and cooperation with foreign countries, and promote the alignment of China’s education with international standards, these Measures are formulated in accordance with the Education Law of the People’s Republic of China, the Exit and Entry Administration Law of the People's Republic of China, and other relevant laws and regulations.
Article 2 Schools mentioned herein refer to institutions that provide pre-school education, primary education, secondary education, and higher education within the territory of the People's Republic of China.
International students herein refer to foreign students who do not possess the Chinese nationality according to the Nationality Law of the People's Republic of China and are receiving education in school.
The provisions of Chapters II through V herein shall apply to higher education institutions. The enrollment, teaching and on-campus administration of international students by the schools that provide pre-school education, primary education and secondary education shall be governed by the regulations of corresponding provinces, autonomous regions and municipalities directly under the Central Government.
Article 3 Schools shall enroll and cultivate international students in compliance with Chinese laws, regulations and state policies, uphold national sovereignty, security and public interests, and standardize management to ensure quality.
International students shall abide by Chinese laws and regulations, respect Chinese cultural practices, and follow school rules and regulations. Completion of learning tasks in school is a basic requirement.
Article 4 The department of educational administration under the State Council shall undertake the overall administration of international student affairs nationwide by formulating macro-level policies for the enrollment and cultivation of international students to guide and coordinate the departments of educational administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and schools in work relating to international students. Competent organizations and industry associations may be engaged for international student management and service.
The departments of foreign affairs, public security and other administrative affairs under the State Council shall participate in the administration of international student affairs based on their respective functions.
Article 5 The departments of educational administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall guide, coordinate and supervise the handling of international student affairs within their respective administrative regions, and shall take the responsibility to study and formulate policies relating to international student affairs at pre-school, primary and secondary education stages under their respective administration.
The departments of foreign affairs, public security and other administrative affairs under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall participate in the administration of international student affairs based on their respective functions.
Article 6 Schools that enroll international students shall establish and improve a system of international student enrollment, cultivation, management and service, and shall undertake the enrollment and cultivation of international students.
Chapter II Admission Management
Article 7 Higher education institutions that enroll international students shall possess the corresponding educational teaching conditions and cultivation capabilities, and independently enroll international students in accordance with relevant state regulations.
Article 8 Higher education institutions that enroll international students shall file submissions to competent authorities on such matters and following such procedures as stipulated by the department of educational administration under the State Council.
Article 9 International students are enrolled by higher education institutions to receive academic education under degree programs, including associate degree programs, undergraduate programs, master's degree programs and doctorate programs, or non-academic education for preparatory students, visiting students and research scholars.
Article 10 Higher education institutions shall determine their enrollment plans and programs for international students on their own and based on their actual conditions and cultivation capacity, unless otherwise provided in state regulations.
Article 11 Higher education institutions shall formulate and publish their respective admission brochures for international students in accordance with state regulations on enrollment, and enroll international students based on such conditions and following such procedures as specified in their respective admission brochures.
Article 12 Higher education institutions shall examine the eligibility for admission of foreign citizens who apply for admission and their proof of financial support, and conduct examinations or assessments on the applicants. The admission of international students shall be decided by schools, and applicants who fail to meet the admission requirements shall not be admitted.
Article 13 Higher education institutions may admit international students that have been admitted to or are transferring from other schools, with the consent of the schools that originally enroll the students.
Article 14 Fees and charge standards for international students of higher education institutions shall be governed by relevant state regulations.
Higher education institutions shall publish fees, charge standards and regulations on refunds for international students who drop out of schools or are transferred to other schools. Fees and refunds shall be denominated in RMB.
Chapter III Academic Management
Article 15 Higher education institutions shall incorporate their teaching plans for international students into their overall teaching plans, select and assign faculty members suitable for teaching international students, and establish and improve their systems to ensure the quality of education and teaching.
Article 16 International students shall attend courses offered under academic programs following the teaching plans of higher education institutions and shall take part in corresponding graduation examinations or assessments as required. Schools shall faithfully record international students’ academic performances and daily behaviors.
"Chinese Language" and "An Introduction to China" shall be incorporated as compulsory courses in higher education. "Theories of Politics" shall be included as a compulsory course for international students in philosophy and political science.
Article 17 International students may, after admission, apply for a transfer to another program for continuing study, subject to approval of the higher education institutions. Conditions and procedures for such transfer are to be specified by the schools.
Article 18 The standard spoken and written Chinese language of the People's Republic of China is the basic instruction language for the cultivation of international students in higher education institutions. For international students whose proficiency in the standard spoken and written Chinese language fails to meet the study requirements, schools may offer necessary remedial courses.
Article 19 Higher education institutions with requisite capabilities may offer specialized courses instructed in foreign languages for international students. International students receiving higher education in foreign languages may write academic theses in such foreign languages, with abstracts in Chinese. It is up to the schools whether the defenses of academic theses are conducted in foreign languages.
Article 20 Higher education institutions shall organize, according to their teaching plans, international students to participate in teaching internships and social practices. Places for such internships and practices shall be selected in accordance with relevant state regulations.
Article 21 Higher education institutions shall issue diplomas or other academic credentials to international students pursuant to relevant state regulations. For international students receiving higher education in higher education institutions, electronic academic status and graduation certificate registration shall be procured as appropriate for the international students.
Higher education institutions shall confer degree certificates on international students who have met the requirements for degree conferral.
Chapter IV On-campus Management
Article 22 Higher education institutions shall specify the working bodies responsible for the handling of international student affairs, including the overall coordination of international student enrollment, teaching, daily management and service, as well as the maintenance of international alumni relations.
Article 23 Higher education institutions shall provide international students with easy access to information by publicly disclosing to international students their basic information, educational and teaching conditions, admission brochures, and international student management and systems.
Article 24 Higher education institutions shall provide international students with necessary living amenities, including meals and accommodation. Management systems for the use of amenities shall be established, improved and published. International students living off campus are required to promptly register with the local public security departments at the places where they live.
Article 25 Higher education institutions shall educate international students on Chinese laws and regulations, school rules and regulations, national and school realities, outstanding traditional Chinese culture and customs to help them get acquainted with and adapted to their study and living environments as quickly as possible.
Higher education institutions shall establish international student counselors for providing services in terms of information, counseling, cultural and sports activities, among others, to international students based on their study and living needs. The counselor-international student ratio shall not be lower than the counselor-Chinese student ratio.Counselors for international students shall be entitled to the same benefits as those for Chinese students.
Article 26 Higher education institutions shall encourage international students to engage in physical and mental health-promoting cultural and sports activities and create favorable conditions for such participation. International students may voluntarily take part in public welfare activities and celebrations of China’s major festivals.
Higher education institutions generally do not organize international students to participate in military training or political activities.
Article 27 International students may, with the approval of the higher education institutions where they pursue studies, celebrate important traditional festivals of their home countries at designated locations and within specified areas on campus, provided that there is no objection or attack to any other nation or people, or words or actions in violation of public morals.
Article 28 International students may, with the approval of the higher education institutions where they pursue studies, form friendship associations on campus. These friendship associations may carry out activities to the extent permitted by Chinese laws and regulations, subject to the guidance and management of the schools.
Article 29 Higher education institutions shall respect the ethnic customs and religious beliefs of international students, without providing venues for religious activities. No missionary or religious gatherings or any other religious activities shall be conducted on campus.
Article 30 International students may engage in part-time jobs to support themselves during their studies in higher education institutions, but shall not get employed, do business or engage in other profit-making activities.
Specific regulations on part-time jobs for international students shall be separately developed by the department of educational administration under will the State Council in conjunction with other relevant departments.
Article 31 Higher education institutions shall manage the academic standing of international students with reference to the regulations applicable to the academic standing management of Chinese students. The dismissal or expulsion of an international student by a school shall be filed in accordance with the relevant regulations of the department of educational administration under the State Council.
Chapter V Scholarships
Article 32 The Chinese government has established the Chinese Government Scholarship for international students receiving higher education in China, and encourages local people's governments to establish scholarships for international students.
Measures for the management of the Chinese Government Scholarship shall be developed by the relevant administrative departments under the State Council.
Article 33 The department of educational administration under the State Council will authorize higher education institutions on a merit basis to cultivate international students entitled to the Chinese Government Scholarship. Higher education institutions authorized to cultivate international students entitled to the Chinese Government Scholarship shall prioritize the admission of international students with such entitlement.
Article 34 Higher education institutions may establish scholarships for international students. Enterprises, public institutions, social organizations and individuals are encouraged to establish scholarships for international students, without attachment of any unjustifiable conditions.
Chapter VI Social Management
Article 35 A foreigner citizen that applies for admission to a school defined in Article 2 hereof shall, before entering China, procure an X1 or X2 visa from the Chinese embassy or consulate in the native country or the country of residence of the applicant, or from any other overseas agency appointed by the Ministry of Foreign Affairs, by presenting the proof of registration with the competent department of education and the offer from the school, among other relevant materials.
Article 36 International students who need to procure residence permits after entry according to their study visas shall, within thirty days as of entry, apply to the local exit-entry administration of the public security organs at the places where they intend to stay for residence permits for foreigners pursuing studies in China.
Article 37 Applications from individuals of a foreign diplomatic representative offices, consulates or international organizations in China, or their dependent family members for admissions to schools shall be subject to special regulations (if any) issued by the Ministry of Foreign Affairs. Any of such applicants, if failing to complete formalities as required, shall not be admitted.
Article 38 International students under the age of eighteen, if intending to pursue studies in China without the permanent residence of their parents in China, shall be subject to the guardianship entrusted by their parents to foreign or Chinese citizens with permanent residence in China, and provide relevant supporting materials.
Schools may accept groups of international students for short-term study, provided prior agreements are made with the foreign entities that send these groups. Where a group of foreign minors is sent for short-term primary or secondary education in China, the sending party shall procure legal formalities in advance in accordance with applicable local regulations on exit-entry of minors, and dispatch individuals to be guardians of the minors during their study in school.
Article 39 Upon enrollment, international students shall undergo procedures of competent Chinese health quarantine departments for verification of their Foreigner Physical Examination Records or go through health checks in accordance with the regulations of the competent Chinese health administration. Any international student that is found to have serious mental disorder or carry infectious pulmonary tuberculosis or other diseases that may pose significant public health risks according to the Exit and Entry Administration Law of the People's Republic of China will be subject to measures implemented by the public security authorities pursuant to the law.
Article 40 Schools shall implement a mandatory, full-coverage insurance system for international students. International students must purchase insurances in accordance with the relevant state regulations and school requirements. Those who fail to purchase insurances as required will be given a deadline to do so, and will be rejected by the schools or be subject to dismissal or denial of registration in case of in-school students if the failure persists beyond the deadline.
Chapter VII Supervision and Management
Article 41 The department of education administration under the State Council shall establish and improve an international student education quality supervision system. The departments of education administration of provinces, autonomous regions and municipalities directly under the Central Government shall oversee the cultivation of international students within their respective administrative regions.
Article 42 The administrative departments in charge of education, public security, foreign affairs and other affairs relating to the administration of international students under State Council shall establish systems for the information management of international students by leveraging modern information technology and promote information sharing mechanisms to continuously improve efforts in international student management and services.
Article 43 International students acting in violation of the Exit and Entry Administration Law of the People's Republic of China, the Public Security Administration Punishments Law of the People's Republic of China, the Regulations of the People's Republic of China on Administration of the Entry and Exit of Foreigners, and the Provisions on the Administration of Religious Activities of Aliens within the Territory of the People's Republic of China, among other laws and regulations, will be subject to measures implemented by the public security authorities or other competent authorities in accordance with the law.
Article 44 Higher education institutions that have any of the following acts during enrollment or cultivation of international students shall be ordered by the competent departments of education administration to make corrections, with corresponding legal liability pursued pursuant to relevant provisions of the Education Law of the People's Republic of China, and may be subject to restrictions on the enrollment of international students:
(1) Enrolling students in violation of state regulations and their enrollment regulations;
(2) Seeking profits in the process of enrolling students;
(3) Failing to publicly disclose fees and charge standards, or to implement the fees and charge standards as disclosed;
(4) Issuing degree certificates, diplomas, or other academic credentials in violation of regulations;
(5) Causing negative social impact due to substandard teaching or inadequate management and services;
(6) Any other act in violation of laws and regulations.
Chapter VIII Supplementary Provisions
Article 45 Short-term study herein refers to studying in a Chinese school for a period not exceeding 180 days (inclusive); long-term study herein refers to studying in a Chinese school for a period exceeding 180 days.
Article 46 The enrollment of international students by scientific research institutions that have been approved to undertake graduate 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 education institutions approved by competent departments of educational administration to provide non-academic education.
The enrollment, cultivation and management of students from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region, and the enrollment, cultivation and management of students by schools intended for children of foreigners within the territory of China shall be governed by other relevant state regulations.
Article 47 The departments of education, foreign affairs, public security and other relevant departments under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate administrative regulations for their respective administrative regions based on these Measures.
Article 48 These Measures shall be implemented as of July 1, 2017, concurrently repealing the Administrative Provisions on Acceptance of International Students by Higher Education Institutions issued by the Ministry of Education, the Ministry of Foreign Affairs and the Ministry of Public Securities on January 31, 2000, the Provisional Measures for the Administration on Acceptance of Foreign Students by Primary and Secondary Schools issued by the Ministry of Education on January 21, 1999.
