Measures for the Appointment and Management of Foreign Teachers (Draft for Solicitation of Comments) [外籍教师聘任和管理办法（征求意见稿）]

Pix Credit: Precarious times for foreign teachers in China.

The Ministry of Education of the People's Republic of China has distributed for comment （征求意见稿）  Measures for the Appointment and Management of Foreign Teachers [外籍教师聘任和管理办法]. Much of the legislation covers the usual issues in the usual fashion. With respect to these there are issues of efficiency and the connection between objectives and the administrative methods chosen to meet these objectives.  But these issues are little different from those facing an administrative apparatus anywhere. And the legislation represents the end of a process already well underway in 2019 (e.g., Precarious times for foreign teachers in China ("Another reason that authorities are cracking down on foreign teachers is ideological. China has long been wary of foreign influences in education, and in December 2016, Chinese President Xi Jinping reminded education leaders that, “Adherence to the Party’s leadership is essential to the development of higher education in the country”, emphasising the need to “build universities into strongholds that adhere to Party leadership”.")).

And indeed the two sets f provisions that are the most interesting for foreigners are those relating to the legalization of the policy of Part leadership over education. These merit sustained consideration.  The first is Article 5:

Article 5 (Specific Obligations) Foreign teachers shall abide by Chinese laws and regulations, abide by Chinese public order and good customs and professional ethics of teachers, and abide by the principle of separation of education from religion. The educational and teaching activities and contents implemented shall conform to China's educational policies and basic teaching principles. It is required that China’s national sovereignty, security, honor, and social public interests must not be harmed. [第五条 （特定义务）外籍教师应当遵守中国法律法规，遵守中国的公序良俗和教师职业道德，遵守教育与宗教相分离的原则，所实施的教育教学活动和内容应当符合中国的教育方针和教学基本要求，不得损害中国的国家主权、安全、荣誉和社会公共利益。]

The second are Articles 27-32 (Chapter 4 Supervision and Responsibility [第四章 监督与责任]).  Articles 27 and 28 establish an administrative structure for the supervision of the obligations imposed by law on relevant national and local governments. Article 27 requires the establishment of deep cooperation between the science and technology depart and the education departments of the State Council.  The Science and Technology Department is charged with sharing a list of foreign teachers, and the education department is required to deliver to the science and technology department lists of foreign teachers prohibited from employment "in real time." Article 28 charges the education administrative department of the local people’s government, the administrative department of science and technology, the entry-exit management agency of the public security organ, and other relevant departments shall strengthen the daily supervision of the employment of foreign teachers by educational institutions with the daily supervision (日常监管) of foreign teachers for violations of law relating to their hiring and work. 

Articles 29-32  then establish the parameters by which the Chinese Social Credit system is extended to foreign teachers in China. Article 29 requires that assessments relating to the foreign teacher's compliance with law, ethics, and quality of teaching be included in a national foreign teacher comprehensive information service platform.  Good social credit scores will ensure that regulatory hurdles relating to employment will be convenient. Article 30 then lists four key areas of activities that will reduce social credit scoring: (1) Serious academic misconduct; (2) Engaging in paid work in violation of regulations outside the appointed educational institution; (3) Dismissed in violation of the rules and regulations of the employment agency; and (4) Resigning without authorization after the appointment period has not expired [（一）有严重学术不端行为的；（二）在受聘任的教育机构以外违规从事有偿工作的；（三）违反聘任机构规章制度，被解聘的；（四）聘任期未满，擅自离职的。]. Lastly Article 31 lists those actions or activities that will result in dismissal of appointment. The resulting Social Credit score will require that such individuals be placed on a black list, which will make it impossible for educational institutions to hire them [教育机构不得聘任有前款情形的外籍人员担任外籍教师。]. The ten include:  

(1) Words and deeds that damage China's national sovereignty, security, honor, and public interests;
(2) Being held criminally responsible;
(3) Obstructing the implementation of the education policy;
(4) Violating public security management such as taking drugs;
(5) Sexual assault or abuse of minors;
(6) Engaging in religious education or preaching illegally;
(7) Engaging in cult activities;
(8) Sexual harassment of students or other serious violations of China's public order and good customs, teachers' professional ethics and codes of conduct;
(9) Providing false certification information in the process of applying to teach in China;
(10) The total number of untrustworthy records specified in Article 30 of these Measures exceeds 3. [（一）有损害中国国家主权、安全、荣誉和社会公共利益的言行的；（二）被追究刑事责任的；（三）妨碍教育方针贯彻落实的；（四）有吸食毒品等违反治安管理行为的；（五）有性侵害、虐待未成年人行为的；（六）非法从事宗教教育或者传教的；（七）从事邪教活动的；（八）有性骚扰学生或者其他严重违反中国的公序良俗和教师职业道德、行为准则的；（九）在申请来华任教过程中提供虚假证明信息的；（十）本办法第三十条规定的失信记录累计超过3条的。].

 Lastly, Article 32 provides that educational institutions that fail either to ensure the proper operation of the social credit system (by facilitating negative activity) or hire a blacklisted foreign teacher will "be handled by the public security organs of the local people’s government at or above the county level."
 

For foreign faculty from liberal democratic states, the changes require a conscious sensitivity both to supervision, and to the measurement of conduct by reference to values and markers that are not the same as in many of their home states.  This is particularly true with respect to "(1) Words and deeds that damage China's national sovereignty, security, honor, and public interests" [（一）有损害中国国家主权、安全、荣誉和社会公共利益的言行的] and "(3) Obstructing the implementation of the education policy" [（三）违反聘任机构规章制度，被解聘的] if only because they may no way of understanding where the conduct boundaries or expectations are.  In those cases, it will likely fall to educational institutions to closely supervise and guide foreigner teachers in the conduct of their classes. It is also likely that educational institutions that contribute foreign faculty to the black lists will likely find their own social credit scores dangerous lowered, and in the worst cases, may find themselves on a black list as well (likely, at a minimum, prohibited from hiring any foreigners).

None of this, of course, ought to surprise. And in many cases the net result of the provisions will hardly be felt--other than with respect for the need to cultivate a greater sensitivity of the context in which teachers operate.  Still, even when teaching very young children, it will be necessary to be conscious that an offhand remark, or a reference to baseline principles and concepts that are cherished in a home country (and not really thought about as problematic) may be sensitive in the context in which it is heard.  It is the inadvertent act that poses the greatest threat. 

Of course, much of this would be ameliorated if it is possible t understand the analytics that will go into the social credit scoring for foreign teachers, and more importantly, the way that black lists are constructed, and the rules for getting off a black list.  None of that seems to be available currently. In a sense, then, the value of social credit in this case is to provide guidance necessary to adjust conduct.  Thus rather than produce regulatory guidance, authorities might be able to produce a guide to how scoring will be measured (the value of data and its identification) for purposes of Articles 30 and 31.

Moreover, in certain circumstances, the rules may provide substantial challenges for educational institutions and their foreign faculty.  This may be particularly true at the university and graduate levels in those areas that touch on professional education, business and some of the disciplines in the social sciences, especially where the issues touch on necessary aspects of globalization or are connected to foreign and comparative study.  It is likely that substantial regulation and soime waivers  and a waiver system will have to be greater in those respects--but the price will likely also be substantially greater supervision of those activities. As a result, it is possible that except for elite institutions, and those otherwise designated for that purpose, the scope and conduct of teaching by foreigners will change. At a minimum, national and local authorities would do well to provide more specific guidance to avoid a situation where the law itsef serves as a series of traps for the unwary (and those otherwise not guided by savvy educational sponsors).  Otherwise the result will be to reduce the presence and impact of foreign educators in China. In that respect it may be necessary to carefully consider the Communist Party Basic Line respecting "Reform and Opening Up" in the New Era (e.g., "The Party shall implement the strategy for  invigorating China through science and education")

The entire provision in the original Chinese along with a crude English translation follows. Interested individuals and entities  are encouraged to send their comments to the Ministry.

外籍教师聘任和管理办法（征求意见稿）

发布时间： 2020-07-21 09:00 来源： 教育部

【字号： 大 中 小】
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第一章 总 则


第一条 （立法依据）为了促进教育国际合作与交流，规范外籍教师的聘任和管理，根据《中华人民共和国教育法》《中华人民共和国教师法》《中华人民共和国出境入境管理法》《中华人民共和国外国人入境出境管理条例》等法律法规，制定本办法。

第二条 （概念界定）本办法所称外籍教师，是指由教育机构聘任、取得外国人来华工作许可和工作类居留证件、在中国境内从事教育教学工作的外籍人员。

本办法所称教育机构，是指依法设立的实施学历教育的各级各类学校和幼儿园、自考助学机构、校外培训机构。

第三条 （基本方针）聘任外籍教师遵循扩大开放、按需聘任、保证质量、优化服务、分类管理的方针。

第四条 （聘任范围）聘任外籍教师的岗位，应是有教育教学工作实际需要、国内暂缺适当人选且不违反国家有关规定的岗位。

第五条 （特定义务）外籍教师应当遵守中国法律法规，遵守中国的公序良俗和教师职业道德，遵守教育与宗教相分离的原则，所实施的教育教学活动和内容应当符合中国的教育方针和教学基本要求，不得损害中国的国家主权、安全、荣誉和社会公共利益。

第六条 （管理体制）国务院教育行政部门负责教育机构聘用外籍教师的统筹监管；国务院外交、科技、公安、移民等行政部门按照职责分工，负责外籍教师的签证、来华工作许可、入境和居留许可等管理工作。

地方人民政府教育行政部门负责本行政区域内教育机构聘用外籍教师的监督管理；地方人民政府外事部门、科学技术行政部门、公安机关及其他相关部门按照职责分工负责本行政区域内外籍教师的有关管理工作。

第二章 条件和程序

第七条 （基本要求）外籍人员具备取得来华工作许可和工作类居留证件所需要的条件，具备本办法规定的教育教学专业资质，可以由教育机构聘任为外籍教师。

第八条 （资质条件）外籍教师应当具备从事教育工作所必需的教育资质和教学技能。其中，在各级各类学校担任学科专业（含外国语言文学专业）教师的，应当具备学士以上学位和相关教育机构相关学科2年以上教育教学工作经历或者相关领域工作经历；担任外国语言培训教师的，应当具备学士以上学位并受过相应的语言教学专门训练，取得相应的语言培训资质且一般从事母语国母语教学；用中文教授相关课程的，普通话水平应达到《普通话水平测试等级标准》三级乙等及以上标准或者通过汉语水平考试获得相应等级证书。

外籍人员已获得博士学位，或者取得国籍国教师资格证书，或者拥有教师教育类学士以上学位的，可以免除相应教育工作经历要求。

第九条 （其他条件）外籍教师应当身心健康，品行良好，无犯罪记录，无传染性疾病和精神障碍史，无性骚扰、吸食注射毒品、长期服用依赖性精神药品等行为以及其他可能对学生安全和身心健康造成影响的疾病、行为。

第十条 （相关许可）外籍人员从事外籍教师工作的，应当办理外国人来华工作许可、Z字签证和工作类居留证件，获得批准并按规定进行外籍教师备案后，方可开展教学活动。

第十一条 （机构职责）教育机构聘任外籍教师，应当确定拟聘任的外籍人员具有担任外籍教师的专业资质和相应条件。

第十二条 （工作许可）拟聘任外籍教师的教育机构应当向省级人民政府科学技术行政部门或者其授权的行政部门申请外国人来华工作许可。除外国人来华工作许可所需的材料外，还应当提交拟聘用外籍教师符合本办法第八条要求的相关教育教学资质证明、拟聘任理由的说明，以及外籍人员对遵守本办法第五条规定和符合本办法第九条要求所作的个人承诺材料。

第十三条 （签证申请）拟聘任的外籍教师应当依据相关程序和规定，向中国驻外签证机关申请办理Z字签证。

驻外签证机关可通过面谈、核实材料等方式，依法决定是否签发Z字签证。

第十四条 （居留许可）教育机构应当协助拟聘任的外籍教师向县级以上地方人民政府公安机关出入境管理机构申请工作类居留证件。

第十五条 （教师备案）教育机构应当在外籍教师收到来华工作许可及居留许可后五个工作日内，将合同文本首页、注明聘期页和双方签字页、外籍教师来华工作许可、居留许可等材料的副本或者电子文本上传至全国外籍教师综合信息服务平台，由服务平台生成外籍教师备案号码。

第十六条 （境内申请）教育机构拟聘任已在中国境内合法居留的外国人担任外籍教师的，应当按照本办法办理来华工作许可和工作类居留证件，并按规定进行外籍教师备案。教育机构拟聘任取得永久居留资格的外国人担任外籍教师的，需按规定进行外籍教师备案。

第三章 服务和管理

第十七条 （机构职责）教育机构应当健全外籍教师聘任、管理、服务和考核制度，规范外籍教师任教行为，保障外籍教师合法权益，妥善保管外籍教师的任职档案。

第十八条 （合同管理）教育机构应当与聘任的外籍教师签订书面合同。合同内容应当包括但不限于：外籍教师的工作任务、工作地点、岗位职责、聘任期限、双方的权利与义务、考核办法、争议解决机制以及违约责任等。

第十九条 （信息公示）教育机构应当将所聘任外籍教师的姓名、国籍等基本信息和聘任岗位、备案号码、工作许可证等信息在其公示栏及网站上公示，国家另有规定的除外。

第二十条 （岗位培训）教育机构应当根据外籍教师的文化背景和岗位特点，制定外籍教师职前和职后培训计划，对初次聘任的外籍教师，应当自行组织开展或者委托具备条件的专业教育机构开展不少于二十个学时的岗位培训，内容应当包括中国宪法、法律、国情、师德、教育方针政策和业务知识、教学能力等。

第二十一条 （机构管理）教育机构应当依照法律和合同约定加强对外籍教师的服务与管理，保证教育教学质量。

教育机构或者外籍教师不得以密集安排课程等明显不合理的方式实施短期集中授课。

第二十二条 （兼职管理）同一聘期内，外籍教师只能与一个教育机构签订合同，取得一个备案号码。

经聘任机构同意，外籍教师可以在其他教育机构合理兼职。外籍教师兼职的，聘任机构、外籍教师与兼职教育机构应当签订三方协议，明确各方权责。聘任机构不得向兼职教育机构收取任何费用。兼职聘任合同应当报主管教育部门备案，主管教育部门应当将名单通报公安机关出入境管理部门备案。外籍教师累计兼职授课时间不得多于在聘任机构的授课时间。

第二十三条 （考核监督）教育机构应当健全考核制度，加强对外籍教师师德师风的规范和监督，全面考核外籍教师的履职情况。

外籍教师的教学对象为未成年人的，聘任机构应当履行保护未成年人的法定职责，采取适当措施保障未成年人的人身安全和身心健康。

第二十四条 （鼓励措施）教育机构应当保障、支持外籍教师开展教学研究、学术交流等活动，并以适当方式参与民主管理。

教育机构对在教育教学、人才培养、促进中外交流等方面表现突出的外籍教师，应当予以表彰奖励，并可以向有关主管部门推荐，申请政府及有关部门的表彰、奖励。

第二十五条 （聘任变更）外籍教师转聘其他教育机构的，教育机构应当依法重新申请外国人来华工作许可及工作类居留证件并办理相关手续，同时按本办法规定重新申请获得外籍教师备案号码。

第二十六条 （平台建设）国务院教育行政部门建立并管理全国外籍教师综合信息服务平台，建立外籍教师备案的具体规范。

教育行政部门、教育机构可以在全国外籍教师综合信息服务平台注册，登录平台备案、查询相关信息。

第四章 监督与责任

第二十七条 （信息共享）建立外籍教师信息共享机制。国务院科学技术行政部门应当把发放外国人来华工作许可的外籍教师信息实时推送给国务院教育行政部门，国务院教育行政部门应当把从业禁止的外籍教师名单实时推送给国务院科学技术行政部门。

第二十八条 （日常监管）地方人民政府教育行政部门、科学技术行政部门、公安机关出入境管理机构及其他相关部门应当加强对教育机构聘任外籍教师行为的日常监管，及时发现、查处违反相关法律法规规定聘任外籍教师的行为。

教育行政部门及教育督导机构在日常监管中或者通过投诉、举报等途径发现教育机构有聘任外籍人员从事教育教学情形的，应当查验其是否具有外国人来华工作许可证、工作类居留证件和外籍教师备案号码，有违法情形的，应当及时报告相关主管部门。

第二十九条 （诚信记录）建立外籍教师信用记录制度。外籍教师在聘任期间遵守中国法律、合同约定，教育教学质量高、师德师风良好，教育机构应当在考核中予以反映，并向主管教育行政部门报告，纳入全国外籍教师综合信息服务平台予以记录。

对获得政府及有关部门表彰、信用记录良好的外籍教师，由科学技术行政部门和公安机关出入境管理机构在获得许可、办理相关手续等方面提供便利。

第三十条 （失信记录）外籍教师违反合同约定，有下列情形之一的，教育机构予以处理后，应当报告主管教育行政部门。教育行政部门经核实，计入信用记录：

（一）有严重学术不端行为的；

（二）在受聘任的教育机构以外违规从事有偿工作的；

（三）违反聘任机构规章制度，被解聘的；

（四）聘任期未满，擅自离职的。

第三十一条 （从业禁止）外籍教师有下列情形之一的，教育机构应当予以解聘，并报告主管教育行政部门，记入信用记录：

（一）有损害中国国家主权、安全、荣誉和社会公共利益的言行的；

（二）被追究刑事责任的；

（三）妨碍教育方针贯彻落实的；

（四）有吸食毒品等违反治安管理行为的；

（五）有性侵害、虐待未成年人行为的；

（六）非法从事宗教教育或者传教的；

（七）从事邪教活动的；

（八）有性骚扰学生或者其他严重违反中国的公序良俗和教师职业道德、行为准则的；

（九）在申请来华任教过程中提供虚假证明信息的；

（十）本办法第三十条规定的失信记录累计超过3条的。

教育机构不得聘任有前款情形的外籍人员担任外籍教师。

第三十二条 （非法聘任）教育机构及其他社会组织，非法聘用未经许可和备案的外籍人员任教，或者组织聘用外籍人员非法从事教育教学活动的，由县级以上地方人民政府公安机关及其出入境管理机构依法予以处罚。构成犯罪的，依法追究刑事责任。

第三十三条 （机构造假）在申请外籍教师来华工作许可、居留许可过程中，伪造、变造文件和证明材料的，由县级以上地方人民政府公安机关及其出入境管理机构依法予以处罚。

第三十四条 （管理责任）教育机构违反本办法，有下列情形之一的，县级以上教育行政部门应当责令改正，并可以给予每人次1千元以上1万元以下的罚款，对教育机构主要负责人给予警告或处分；情节严重的，可以依法责令停止招生，科学技术行政部门1-3年内对其外国人来华工作许可申请不予受理；情节特别严重的，由教育行政部门依法吊销办学许可证：

（一）聘任未取得外籍教师备案号码的外籍人员任教或者不按时限报备的；

（二）发现聘任的外籍教师有本办法第三十条、第三十一条所列情形，不及时予以处理的；

（三）安排外籍教师从事非法营利活动或者实施明显不合理的巡回短期集中授课的；

（四）对外籍教师疏于管理造成恶劣社会影响的；

（五）对学生家长投诉外籍教师违法违规行为，不及时进行调查处理的；

（六）对外籍教师的履历和能力等进行虚假宣传，误导公众的；

（七）违反外籍教师兼职相关规定的。

第三十五条 （情况通报）科学技术行政部门、公安机关在工作中发现教育机构违法聘任外籍人员，或者外籍教师存在违法犯罪行为的，应当及时向教育行政部门通报有关情况及查处结果。

第五章 附 则

第三十六条 （补充规定）高等学校聘请外籍专家进行学术交流、短期访学的，应当按照相关规定申请F字或相应类别签证。高等学校参照本办法对外籍专家开展的教育教学活动进行管理。

外籍人员子女学校聘任外籍教师的，参照本办法执行。

线上培训机构聘任外籍人员在境外以在线方式承担教育教学工作的，参照本办法制定资质条件、签订合同，实施服务和管理。

第三十七条 （配套政策）各省、自治区、直辖市教育行政部门可以会同有关部门制定本行政区域内外籍教师聘任管理的具体规范。

第三十八条 （生效日期）本办法自2020年 月 日起施行。

国务院教育行政部门、科学技术行政部门、原国家外国专家局发布的有关聘任外籍教师的规定与本办法不一致的，以本办法为准。

本办法施行前已在中国境内从事外籍教师工作的，应当自本办法施行之日起六个月内，依据本办法第十九条规定履行备案手续。

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Measures for the Appointment and Management of Foreign Teachers (Draft for Solicitation of Comments)
Release time: 2020-07-21 09:00 Source: Ministry of Education
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Chapter One General

Article 1 (Legislative basis) In order to promote international cooperation and exchanges in education, and to regulate the employment and management of foreign teachers, in accordance with the Education Law of the People’s Republic of China, the Teachers Law of the People’s Republic of China, the Exit and Entry Administration Law of the People’s Republic of The Regulations on the Administration of the Entry and Exit of Foreigners of the Republic and other laws and regulations formulate these measures.

Article 2 (Definition of Concept) The term "foreign teachers" as used in these Measures refers to foreigners who are employed by educational institutions, have obtained work permits and work permits for foreigners to come to China, and engage in education and teaching in China.

The term "educational institutions" as mentioned in these Measures refers to all types of schools and kindergartens at all levels and kindergartens, self-examination aid institutions, and off-campus training institutions established in accordance with the law to implement academic education.

Article 3 (Basic Policy) The recruitment of foreign teachers shall follow the policy of expanding openness, hiring on demand, ensuring quality, optimizing services, and classified management.

Article 4 (Scope of Appointment) The positions for hiring foreign teachers should be those that have actual needs for education and teaching, and are temporarily lacking suitable candidates in China and that do not violate relevant national regulations.

Article 5 (Specific Obligations) Foreign teachers shall abide by Chinese laws and regulations, abide by Chinese public order and good customs and professional ethics of teachers, and abide by the principle of separation of education from religion. The educational and teaching activities and contents implemented shall conform to China's educational policies and basic teaching principles. It is required that China’s national sovereignty, security, honor, and social public interests must not be harmed.

Article 6 (Management System) The education administrative department of the State Council is responsible for the overall supervision of the employment of foreign teachers by educational institutions; the foreign affairs, science and technology, public security, immigration and other administrative departments of the State Council are responsible for the visas, work permits, entry and residence of foreign teachers in accordance with the division of responsibilities. Management work such as licensing.

The education administrative department of the local people's government is responsible for the supervision and management of the employment of foreign teachers by educational institutions within its administrative area; the foreign affairs department of the local people's government, the science and technology administrative department, the public security agency and other relevant departments are responsible for the management of foreign teachers in the administrative area according to the division of responsibilities jobs.

Chapter II Conditions and Procedures

Article 7 (Basic Requirements) Foreigners who have the conditions required to obtain work permits and work-type residence permits in China, possess the professional qualifications for education and teaching specified in these Measures, and may be employed by educational institutions as foreign teachers.

Article 8 (Qualifications) Foreign teachers shall have the necessary educational qualifications and teaching skills for engaging in educational work. Among them, those who work as teachers in disciplines (including foreign language and literature majors) in schools of all levels and types should have a bachelor's degree or higher and more than 2 years of education and teaching work experience in related disciplines of relevant educational institutions or work experience in related fields; serving as a foreign language training teacher Those who have a bachelor’s degree or above, have received corresponding special training in language teaching, have obtained corresponding language training qualifications, and are generally engaged in native language teaching in the native country; if the relevant courses are taught in Chinese, the standard of Putonghua should reach Level 3 of the "Putonghua Proficiency Test Level Standard" Level B and above standards or pass the Chinese proficiency test to obtain the corresponding level certificate.

Foreign personnel who have obtained a doctorate degree, or have obtained a teacher qualification certificate from the country of nationality, or have a bachelor degree or higher in teacher education, may be exempted from the corresponding educational work experience requirements.

Article 9 (Other Conditions) Foreign teachers should be physically and mentally healthy, behave well, have no criminal record, no history of infectious diseases and mental disorders, no sexual harassment, injecting drugs, long-term use of dependent psychotropic drugs and other behaviors that may be safe for students Diseases and behaviors that affect physical and mental health.

Article 10 (Relevant Permits) Foreigners who are engaged in foreign teachers’ work shall apply for a foreigner’s work permit, Z visa and work-type residence permit, and shall not start teaching activities until approval has been obtained and the foreign teacher’s record has been filed.

Article 11 (Institutional Responsibilities) When appointing foreign teachers, educational institutions shall determine that the foreign personnel to be hired have the professional qualifications and corresponding conditions to serve as foreign teachers.

Article 12 (Work Permit) The educational institution that intends to hire foreign teachers shall apply to the scientific and technological administrative department of the provincial people's government or its authorized administrative department for a foreigner's work permit in China. In addition to the materials required for the work permit for foreigners to come to China, the relevant education and teaching qualification certificates that the foreign teachers to be employed meet the requirements of Article 8 of these Measures, an explanation of the reasons for the proposed appointment, and the foreign personnel’s compliance with Article 5 of these Measures shall also be submitted. Provisions and personal commitment materials that meet the requirements of Article 9 of these Measures.

Article 13 (Visa Application) The foreign teachers to be hired shall apply for a Z visa to the Chinese visa agency abroad in accordance with relevant procedures and regulations.

Visa agencies stationed abroad may decide whether to issue a Z visa through interviews and verification of materials.

Article 14 (Residence Permit) Educational institutions shall assist foreign teachers to be hired to apply for work-type residence permits to the entry-exit management agencies of the public security organs of local people's governments at or above the county level.

Article 15 (Teacher Filing) Educational institutions shall, within five working days after the foreign teachers receive the work permit and residence permit in China, submit the first page of the contract, the page indicating the term of appointment and the signature page of both parties, and the foreign teacher’s work permit in China , The copy or electronic text of the residence permit and other materials are uploaded to the national foreign teacher comprehensive information service platform, and the foreign teacher record number is generated by the service platform.

Article 16 (Domestic Application) Educational institutions that intend to hire foreigners who have legally resided in China as foreign teachers shall apply for work permits and work-type residence permits in China in accordance with these Measures, and file foreign teachers as required. If an educational institution intends to hire a foreigner who has obtained a permanent residence qualification as a foreign teacher, the foreign teacher must be filed as required.

Chapter III Service and Management

Article 17 (Institutional Responsibilities) Educational institutions shall improve the employment, management, service and assessment systems of foreign teachers, regulate the teaching behavior of foreign teachers, protect the legal rights and interests of foreign teachers, and properly keep the employment files of foreign teachers.

Article 18 (Contract Management) Educational institutions shall sign written contracts with foreign teachers who are hired. The content of the contract should include, but is not limited to: the foreign teachers’ work tasks, work location, job responsibilities, appointment period, rights and obligations of both parties, assessment methods, dispute resolution mechanism, and liability for breach of contract, etc.

Article 19 (Information Disclosure) Educational institutions shall publish the basic information such as the name, nationality and employment position, record number, work permit and other information of the foreign teachers they hire on their announcement columns and on the website, unless otherwise stipulated by the state .

Article 20 (On-the-job training) Educational institutions shall formulate pre-service and post-employment training plans for foreign teachers based on the cultural background and post characteristics of foreign teachers. For foreign teachers who are hired for the first time, they shall organize or entrust qualified professional education on their own The institution shall carry out job training of no less than 20 hours, and the content shall include the Chinese Constitution, laws, national conditions, teacher ethics, education policies and professional knowledge, teaching ability, etc.

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

Educational institutions or foreign teachers shall not implement short-term concentrated teaching in an obviously unreasonable way such as intensively arranging courses.

Article 22 (Part-time Management) During the same employment period, foreign teachers can only sign a contract with one educational institution and obtain one record number.

With the consent of the employing institution, foreign teachers can reasonably work part-time in other educational institutions. Where foreign teachers work part-time, the hiring agency, foreign teachers and part-time educational institutions shall sign a tripartite agreement to clarify the rights and responsibilities of each party. The employing institution shall not charge any fees to the part-time educational institution. Part-time employment contracts shall be reported to the competent education department for the record, and the competent education department shall report the name list to the entry-exit management department of the public security organ for record. The accumulated part-time teaching time of foreign teachers shall not be more than the teaching time in the employing institution.

Article 23 (Assessment and Supervision) Educational institutions shall improve the assessment system, strengthen the regulation and supervision of foreign teachers' ethics and style, and comprehensively assess the performance of foreign teachers.

If the teaching objects of foreign teachers are minors, the appointing agency shall perform its legal duty to protect minors and take appropriate measures to ensure the personal safety and physical and mental health of minors.

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

Educational institutions shall commend and reward foreign teachers who have outstanding performance in education and teaching, personnel training, and promotion of Sino-foreign exchanges, and may recommend them to relevant authorities and apply for commendations and rewards from the government and relevant departments.

Article 25 (Change in Appointment) If a foreign teacher transfers to another educational institution, the educational institution shall reapply for a foreigner’s work permit and work-type residence permit and go through relevant procedures in accordance with the law. At the same time, re-apply for a foreign teacher in accordance with the provisions of these Measures Record number.

Article 26 (Platform Construction) The education administrative department of the State Council shall establish and manage a national comprehensive information service platform for foreign teachers, and establish specific standards for foreign teachers' filing.

Educational administrative departments and educational institutions can register on the National Comprehensive Information Service Platform for Foreign Teachers, log on to the platform for filing, and query related information.

Chapter IV Supervision and Responsibility

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

Article 28 (Daily Supervision) The education administrative department of the local people’s government, the administrative department of science and technology, the entry-exit management agency of the public security organ, and other relevant departments shall strengthen the daily supervision of the employment of foreign teachers by educational institutions, and promptly detect and investigate violations Laws and regulations stipulate the act of hiring foreign teachers.

Educational administrative departments and educational supervision agencies discover that educational institutions have hired foreign personnel to engage in education and teaching in daily supervision or through complaints, reports, etc., shall check whether they have a foreign work permit, work-type residence permit and foreign nationality If the teacher’s record number is illegal, it should be reported to the relevant competent department in time.

Article 29 (Integrity Record) Establish a credit record system for foreign teachers. During the period of employment, foreign teachers abide by Chinese laws and contractual agreements, and the quality of education and teaching is high, and the teacher's ethics is good. Educational institutions should reflect this in the assessment, report to the competent education administrative department, and include it in the national foreign teacher comprehensive information service platform for record .

For foreign teachers who have been commended by the government and relevant departments and have good credit records, the administrative department of science and technology and the entry-exit management agency of the public security organ provide convenience in obtaining permits and handling relevant procedures.

Article 30 (Record of Untrustworthiness) If a foreign teacher violates the contract and has one of the following circumstances, the educational institution shall report to the competent education administrative department after handling it. Upon verification by the education administration department, it is included in the credit record:

(1) Serious academic misconduct;

(2) Engaging in paid work in violation of regulations outside the appointed educational institution;

(3) Dismissed in violation of the rules and regulations of the employment agency;

(4) Resign without authorization after the appointment period has not expired.

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

(1) Words and deeds that damage China's national sovereignty, security, honor, and public interests;

(2) Being held criminally responsible;

(3) Obstructing the implementation of the education policy;

(4) Violating public security management such as taking drugs;

(5) Sexual assault or abuse of minors;

(6) Engaging in religious education or preaching illegally;

(7) Engaging in cult activities;

(8) Sexual harassment of students or other serious violations of China's public order and good customs, teachers' professional ethics and codes of conduct;

(9) Providing false certification information in the process of applying to teach in China;

(10) The total number of untrustworthy records specified in Article 30 of these Measures exceeds 3.

Educational institutions shall not hire foreign personnel with the conditions mentioned in the preceding paragraph as foreign teachers.

Article 32 (Illegal Appointment) Educational institutions and other social organizations that illegally hire foreign personnel without permission and filing for teaching, or organize and hire foreign personnel to illegally engage in educational and teaching activities, shall be handled by the public security organs of the local people’s government at or above the county level. Its entry-exit management agency shall impose penalties according to law. Constitute a crime, be held criminally responsible.

Article 33 (Organizational Falsification) In the process of applying for a foreign teacher’s work permit and residence permit in China, forgery or alteration of documents and certification materials shall be granted by the public security organs of the local people’s government at or above the county level and their entry-exit management agencies in accordance with the law Punishment.

Article 34 (Management Responsibilities) If an educational institution violates these Measures and has one of the following circumstances, the education administrative department at or above the county level shall order corrections and may impose a fine of 1,000 yuan to 10,000 yuan per person. The main person in charge of the institution shall give a warning or punishment; if the circumstances are serious, enrollment can be ordered to stop according to law, and the science and technology administrative department will not accept the application for a foreigner’s work permit in China within 1-3 years; if the circumstances are particularly serious, the education administrative department shall follow the law Revocation of school permit:

(1) Employing foreign personnel who have not obtained the foreign teacher registration number to teach or failing to report within the time limit;

(2) It is found that the foreign teachers hired have the circumstances listed in Article 30 and Article 31 of these Measures, and they are not dealt with in time;

(3) Arranging foreign teachers to engage in illegal profit-making activities or implementing short-term concentrated teaching tours that are obviously unreasonable;

(4) The negligence of foreign teachers in management causes bad social impact;

(5) Failure to promptly investigate and deal with complaints from parents of foreign teachers for violations of laws and regulations;

(6) False publicity on the resumes and abilities of foreign teachers to mislead the public;

(7) Violation of relevant regulations on part-time jobs for foreign teachers.

Article 35 (Circulation) If the administrative department of science and technology or the public security organ finds that educational institutions have illegally hired foreign personnel, or foreign teachers have illegal and criminal acts, they shall promptly report the relevant situation and investigation results to the educational administrative department.

Chapter V Supplementary Provisions

Article 36 (Supplementary Provisions) Institutions of higher learning that hire foreign experts for academic exchanges or short-term study visits shall apply for an F-type or corresponding type of visa in accordance with relevant regulations. Institutions of higher learning shall manage the educational and teaching activities carried out by foreign experts in accordance with these Measures.

The schools for children of foreign personnel who hire foreign teachers shall refer to these Measures.

Online training institutions that hire foreign personnel to undertake education and teaching work overseas shall formulate qualification conditions, sign contracts, and implement services and management in accordance with these Measures.

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

Article 38 (Effective Date) These Measures shall come into force on the day of 2020.

Relevant to the appointment of foreign teachers issued by the State Council's education administration department, science and technology administration department, and the former State Administration of Foreign Experts Affairs