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15 July 2015

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Administrative Rules on the Acceptance of Foreign Students by Colleges and Universities

(Promulgated by the Ministry of Education, the Ministry of Public of Foreign Affairs and the Ministry of Public Security on January 31, 2000 and come into effect as of the date of promulgation)

 

Chapter I General Provisions

 

Article 1 In order to deepen understanding and friendship between Chinese and foreign peoples, to promote international exchange and cooperation among universities and colleges, and to improve standardized administration of the acceptance and training of foreign students, these Rules are hereby enacted in accordance with the Education Law of the People's Republic of China, the Higher Education Law of the People's Republic of China, and the Law on the Administration of Foreigners' Entry to and Exit from Chinese Territory.

 

Article 2 "Universities" and "colleges" in these Rules refer to universities and colleges approved by the Ministry of Education to provide full-time education. "Foreign students" refers to foreign citizens with foreign passports registering and attending degree courses or non-degree courses in Chinese universities and colleges.

 

Article 3 Universities and colleges shall follow the guidelines of "deepening reform, enhancing administration, guaranteeing quality and making active and steady progress" in the acceptance and training of foreign students.

 

Article 4 Universities and colleges accepting foreign students should possess the necessary teaching and living facilities, and shall have corresponding teaching, research and administrative capacity.

 

Article 5 When accepting and training foreign students, universities and colleges shall follow national policies on foreign affairs, and safeguard national sovereignty, security and public interests.

 

Chapter II Administrative System

 

Article 6 The Ministry of Education is in charge of the administration of foreign students throughout the country and is responsible for the formulation of guidelines and policies concerning the acceptance of foreign students. The ministry is also responsible for administering Chinese Government Scholarships, for providing coordination and guidance on the acceptance of foreign students by universities and colleges in all locales, and for evaluating the quality of administration and education thereof.

 

The Ministry of Education entrusts the national foreign study funds management council with responsibility for the enrollment and the specific administration of foreign students who fall within the State plan.

 

Article 7 The acceptance of foreign students by universities and colleges shall be subject to joint review and approval by the Educational Administration Ministration Departments of Provincial, autonomous region, and centrally-governed municipality governments, and by Departments of Foreign Affairs and Public Security on the same administrative level, and also subject to filling with the Ministry of Education for record-keeping purposes. The acceptance of foreign students funded by Chinese Government Scholarships shall be subject to examination and approval by the Ministry of Education.

 

Article 8 Departments of Education in all provinces, autonomous regions, and centrally-governed municipalities are responsible for the coordination and administration of the acceptance of foreign students within their own jurisdictions. Departments of Foreign Affairs, Public Security and other related departments shall assist Departments of Education, and universities and colleges in the administration of foreign students.

 

Article 9 Universities and colleges are responsible for foreign student enrollment, instruction and routine administration. Each university and college shall have an organ or staff in charge of the administration of foreign student affairs.

 

Chapter III Type of Foreign Students and Their Enrollment and Admission

 

Article 10 Universities and colleges may provide foreign students with degree education and non-degree education. Students for degree education may be classified as junior college (associate's) degree Candidates, bachelor's degree candidates, master's degree candidates or doctoral degree candidates. Students for non-degree education may be classified as training-course attendants or visiting scholars.

 

Article 11 Universities and colleges shall formulate guidelines concerning the enrollment of foreign students, publish enrollment rules and admit foreign students as stipulated in such rules.

 

Article 12 The number of foreign students accepted by universities and colleges shall not be subject to enrollment limitations under the State enrollment plan.

 

Article 13 In accordance with relevant national regulations, universities and colleges shall set and publish itemized and standardized fees to be collected from foreign students. Fees shall be collected in RMB.

 

Article 14 Foreign students may choose majors that are open to foreign students. New majors offered exclusively to foreign students require review and approval by the Ministry of Education.

 

Article 15 A foreign citizen applying for study and training in Chinese universities and colleges shall have requisite qualifications, meet entrance requirements, provide credible proof of economic support and a guarantor of his or her activities within Chinese territory.

 

Article 16 Universities and colleges shall review applicants' qualifications for entrance and may administer tests or assessments to applicants. The criteria for admission shall be formulated by individual universities and colleges. Chinese language proficiency tests shall be administered to those applying for degree education in the Chinese language.

 

Article 17 Decisions concerning acceptance of foreign students shall be made by the individual university or college. Universities and colleges shall give priority to admitting foreign students who fall within the State Enrollment Plan. Universities and colleges may, at their own discretion, admit foreign students in connection with international exchange programs and self-funded students.

 

Article 18 Universities and colleges may accept foreign students who have already been admitted by other universities and colleges or those that transfer to the university or college for study contingent upon the consent of the original university or college.

 

Chapter IV Scholarship System

 

Article 19 The Chinese government has established a Chinese Government Scholarship for foreign students studying in China.

 

Chinese Government Scholarships may be classified as undergraduate student scholarships, graduate student scholarships, training course scholarships, and so forth.

 

The Ministry of Education may, where necessary, set up other scholarships for special research or training courses.

 

Article 20 The Ministry of Education shall make plans concerning the enrollment of foreign students funded by Chinese Government Scholarship based on agreements concluded between China and foreign governments or as China's exchange needs require.

 

Article 21 Foreign students funded by Chinese Government Scholarships shall be subject to annual appraisals of their scholarship eligibility. The appraisals are to be carried out by universities and colleges pursuant to relevant regulations. For those foreign students who fail to receive a satisfactory appraisal, eligibility to receive a Chinese Government Scholarship shall be suspended or rescinded in accordance with regulations.

 

Article 22 Local governments, universities and colleges may singly or jointly set up scholarships for foreign students. Foreign enterprises, Chinese enterprises, institutions, associations, other social groups, and individuals, with the consent of universities and colleges and of Departments of Education under provincial-level governments, may establish scholarships for foreign students, but no additional or unreasonable conditions shall be affixed.

 

Chapter V Administration of Teaching

 

Article 23 Universities and colleges make arrangements for foreign students' study according to the unified teaching plan of the university or college, and undertake instructional activities after taking into consideration the psychological and cultural characteristics of foreign students. In order to maintain the prerequisites for quality education, universities and colleges may make appropriate adjustments to foreign students' compulsory and elective courses.

 

Article 24 Both Chinese Language and a Survey of China shall be compulsory courses for foreign students receiving degree education. Theory of Politics shall be a compulsory course for foreign students whose major is philosophy, politics or economics; other foreign students may apply for exemption.

 

Article 25 IF the Chinese language level of a foreign student taking courses in Chinese does not meet the requirements for study in his or her major, the university or college shall provide necessary prerequisites for improving the student's Chinese language skills.

 

The university or college may, according to its own specific circumstances, offer courses in English or other foreign languages to foreign students. The Thesis abstract of foreign student receiving degree education in foreign languages shall be written in Chinese.

 

Article 26 When making arrangements for teaching and practical training, universities and colleges shall, according to teaching plans, place foreign students together with Chinese students; however, site selection for internships and practical training shall be carried out in accordance with relevant stipulations concerning foreign affairs.

 

Article27 Universities and colleges shall, as instruction demands, provide appropriate learning conditions for foreign students. If foreign students need to use equipment or have access to materials that are not included in the teaching plan, they shall apply to the university or college for review and approval by the university or college in accordance with relevant stipulations and procedures.

 

Article 28 Universities and colleges shall manage the academic files of foreign students according to relevant national regulations. The decision of any university or college to force a foreign student to withdraw or to order a foreign student's expulsion shall be reported to the provincial-level Department of Education as a matter of record. If said foreign student has been included in the State Enrollment Plan, the university or college shall also submit a written notice to the national foreign study funds management council.

 

Article 29 Universities and colleges shall, according to relevant regulations, grant certificates of graduation (certificate of completion of study, certificate of uncompleted study) or descriptive proof of study to foreign students, and grant degree certificates to those who have obtained an academic degree. The university or college may, where necessary, provide foreign language versions of the certificates mentioned above.

 

Chapter VI On-campus Administration

 

Article 30 Universities and colleges shall carry out the education and management of foreign students according to the laws and regulations of the State and the rules of said universities and colleges. Universities and colleges shall advise foreign students to abide by the laws and regulations of the State and the rules and disciplinary requirements of the university or college, and advise them to respect Chinese social morals, customs and practices.

 

Article 31 As a general rule, universities and colleges shall not organize foreign students to participate in political activities, but they may organize foreign students to take part in voluntary work in the public interest.

 

Article 32 Universities and colleges shall permit or encourage foreign students to take part in cultural and sports activities organized by the Students' Union. Foreign students may voluntarily participate in celebrations on China's major festivals. In cities or places where there are many foreign students, relevant administrative departments, universities and colleges shall organize cultural and sports activities for the benefit of the physical and mental health of foreign students.

 

Foreign students may, upon the approval of the university or college, establish associations on campus, and, within the scope stipulated by Chinese laws and regulations, organize activities under the leadership and administration of the university or college. For the establishment of organizations that span across geographic areas or colleges, foreign students shall make application to the appropriate Chinese government authorities.

 

Article 33 Universities and colleges shall respect the ethnic customs and religious beliefs of foreign students, but shall not provide places for foreign students to undertake religious ceremonies. Missionary work or religious gatherings on campus are prohibited.

 

Article 34 Foreign students may, upon the approval of the university or college, hold celebrations on their home country's important traditional festival days within approved locations or areas. During these activities, attacks against other countries, or words or actions that violate social morality shall not be permitted.

 

Article 35 Universities and colleges shall provide foreign students with accommodations and other necessary living services and facilities, and shall formulate and publish administrative rules on the use of these services and facilities in accordance with relevant provisions.

 

Article 36 Foreign students are not allowed to seek employment, conduct business or engage in any profit-making activities during their term of study; however, they are allowed to participate in work-study programs as stipulate by their university or college.

 

Chapter VII Management of Social Affairs

 

Article 37 Appropriate administrative departments shall be responsible for managing social affairs for foreign students. Universities and colleges shall assist appropriate administrative departments in the management of social affairs for foreign students.

 

Article 38 Foreign students may live off campus, but must comply with registration formalities at the Department of Public Security in the place where they reside.

 

Article 39 Relevant departments shall facilitate the foreign students' normal study and practical training. Charges collected from them shall be at the same rate as for Chinese students.

 

Article 40 Foreign students shall abide by Chinese laws and regulations in their publication activities, associations, gatherings, and participation in parades or demonstrations. Foreign students shall, when participating in religious activities, abide by the Stipulations on the Administration of Aliens' Religious Activities within the Territory of the People's Republic of China.

 

Article 41 The bringing in and posting of goods out of China by foreign students shall conform with China's relevant administrative stipulations.

 

Chapter VIII Formalities for Entry, Exit and Residence

 

Article 42 As a general rule, foreign students shall attend to registration formalities for study by presenting their ordinary passports with an "X"_ or "F"_ visa. A foreign student who plans to study in China for more than 6 months shall apply for AN "X"_ visa at the relevant Chinese visa authority abroad by presenting his or her Visa Application Form for Study in China (Form JW201 or Form JW202), letter of acceptance from a university or college in China, and A Foreigner's Physical Examination Record. A foreigner student who plans study in China for less than 6 months shall apply for an "F"_ visa at the Chinese visa authority abroad by presenting his or her Visa Application Form for Study in China (Form JW201 or Form JW202) and A letter of acceptance from a university or college in China. Foreign students who come to China for a short time as a group may apply for an "F"_ group visa with an invitation letter or telegram sent by an authorized entity.

 

Article 43 Foreigners holding a foreign diplomatic, business, official or special passport with a Chinese diplomatic, business or courtesy visa who wish to study or be trained in a Chinese university or college, shall apply to the Provincial or Ministerial-level Department of Foreign Affairs with a note issued by their own foreign affairs authorities announcing abandonment of privileges and immunities. After this application has been approved by the Department of Foreign Affairs, the foreigner shall apply to have her visa changed to an "X" or "F" visa at the Department of Public Security by presenting a letter of approval issued by the Department of Foreign Affairs. A foreigner holding a foreign diplomatic, business, official or special passport who, according to bilateral agreements, does not need a Chinese visa, but who wishes to study or be trained at a Chinese university or college, shall exchange her passport for an ordinary passport, and then apply for an "X" or "F" visa at the entry and exit section of the Department of Public Security. Foreigners holding an ordinary passport with neither an "X" nor "F" visa wishing to study or be trained at a Chinese university or college shall apply to change their visas to an "X" or "F" visa at the entry and exit section of the Department of Public Security. When accepting the aforementioned applications, the Department of Foreign Affairs and the Entry and Exit Section of the Department of Public Security shall review the applicants' Visa Application Form for Study in China (Form JW201 or Form JW202), her letter of acceptance issued by the (Chinese) university or college, and the Foreigner's Physical Examination Record.

 

Article 44 After receiving a letter of acceptance issued by the university or college, the dependants of the foreign student may apply for "L" visas at the Chinese embassy or consulate where they reside in order to accompany the student to China. The Entry and Exit section of the department of public security shall renew the dependents' visa according to an official letter issued by the university or college. The dependents' term of residence in China shall not exceed the validity period of the foreign student's certificate of residence.

 

Article 45 After entering the territory of the People's Republic of China, the foreign student who plans to study in China for more than 6 months shall, within the stipulated time limit, have her Foreigner's Physical Examination Record formally certified at the health and quarantine authorities. Those who fail to present their Foreigner's Physical Examination Record shall undergo a physical examination at the offices of the local health and quarantine authorities. Carriers of diseases that, according to China's laws and regulations preclude entry into China shall depart China and return to their country of origin without delay.

 

Article 46 A foreign student holding an "X" visa shall apply for A Foreigner's Certificate of Residence at the Entry and Exit Section of the Department of Public Security within 30 days after entry. During the period of residence, if any changes occur in regard to any item on the certificate of residence, the foreign student shall apply for alterations at the Entry and Exit Section of the Department of Public Security within 10 days.

 

Article 47 When transferring to another city for study, the foreign student shall first attend to emigration formalities at the Entry and Exit section of the Department of Public Security of his initial place of residence. Within 10 days after arrival at the new place of residence, the foreign student shall attend to immigration formalities at the Entry and Exit Section of the Department of Public Security at the place of immigration.

 

Article 48 The foreign student shall attend to re-entry formalities before their departure if they want to exit China temporarily during their term of study. Those who plan to study or stay in China after their visas or certificates of residence have expired shall attend to renewal formalities before the expiry date.

 

Article 49 Foreign students who have graduated, completed study, or left school shall exit China within the stipulated time limit. Their university or college shall promptly advise the Entry and Exit Section of the Department of Public Security of the names of those foreign students who have been ordered to withdraw or who have been expelled. The Entry and Exit Section of the Department of Public Security shall withdraw their Foreigner's Certificate of Residence or shorten their period of stay in China.

 

Chapter IX Supplementary Provisions

 

Article 50 The acceptance of foreign students by educational institutions other than universities and colleges offering full-time degree education shall be subject to the approval of the Ministry of Education. Relevant administrative procedures shall be determined separately.

 

Source:http://www.china.org.cn/bjzt/2013-01/09/content_27633250.htm