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.