Laws of the Guangdong Province

Regulations of the Shenzhen Special Economic Zone on Educational Supervision

(Adopted at the Fifth Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on December 26, 1995, promulgated by Public Notice No. 23 of the Standing Committee of the Shenzhen Municipal People' s Congress on January 8, 1996)

Chapter I General Provisions

       Article 1 In order to improve the educational supervision system of the Shenzhen Special Economic Zone and strengthen the supervision on educational work, these regulations are hereby formulated in accordance with the basic principles of laws and administrative regulations and in the light of the practical conditions of this city.

       Article 2 Educational supervision means to supervise, inspect, evaluate, and direct the educational work of the lower-level people' s governments and their educational departments, related functional departments, and institutions which run schools.

       Article 3 The municipal, district people' s governments of the Shenzhen City shall set up offices of educational supervision to represent the governments at the same level and their educational departments to exercise authority over educational supervision and undertake the task of educational supervision.

       Article 4 The scope of educational supervision shall cover preschool education, primary education, secondary education, vocational education, and adult education.

       The people' s government or an educational department at the same level may also entrust an office of educational supervision with the supervision over the educational work other than what is stipulated in the previous section.

Chapter II Organizations and Duties

       Article 5 The office of educational supervision is an administrative organ by which the people' s government and its educational department exercise authority of educational supervision. The office of educational supervision shall be set up within the educational department.

       Article 6 The offices of educational supervision at various levels shall be led by the people' s government at the same level and its educational department in terms of administration and responsible to the people' s government at the same level; they shall be directed by superior offices of educational supervision in terms of their professional work.

       Article 7 The main duties of the Office of Educational Supervision of the Shenzhen Municipal People' s Government (hereinafter referred to as the municipal office of educational supervision) shall be as follows:

(1)   to supervise the city-wide implementation of the laws, regulations, rules on education;

(2)   to supervise the educational administration of district educational departments;

(3)   to supervise the district people' s governments and related departments executing their duties on educational work;

(4)   to supervise the municipal schools, district key schools and other educational institutions;

(5)   to direct the district offices of educational supervision in their work, to review and spread the experience of educational supervision, to organize the scientific research on educational supervision, and to arrange training for educational supervisors;

(6)   to organize the city-wide evaluation of educational supervision, to formulate the plans and standards of the evaluation of educational supervision, and to make arrangements for their implementation;

(7)   to establish a city-wide system of supervision and monitoring of educational quality;

(8)   to take part in the examination and approval of a list of the advanced collectives and individuals in education at the municipal level or above;

(9)   to supervise the education on legal system at municipal schools, district key schools, and other educational institutions;

(10)   to execute the other duties that are delegated by the municipal people' s government and its educational department.

Article 8 The main duties of the office of educational supervision of a district

people' s government (hereinafter referred to as the district office of educational supervision) shall be as follows:

(1)   to supervise the district-wide implementation of the laws, regulations, rules on education;

(2)   to supervise the township people' s governments, neighborhood offices executing their duties on education;

(3)   to supervise district schools;

(4)   to take part in the examination and approval of a list of the advanced collectives and individuals in education at the district level;

(5)   to supervise the education on legal system at district schools;

(6)   to execute the other duties that are delegated by the district people' s government and its educational departments.

Article 9 The municipal, district offices of educational supervision shall report

the state of their work to the municipal, district people' s governments and their educational departments respectively every year, and provide advice and suggestions on the educational reform and development in their jurisdictions.

       Article 10 The municipal, district people' s government shall determine the size and posts of the municipal, district offices of educational supervision in accordance with the development of education and the tasks of educational supervision in their jurisdictions.

       Article 11 Every year, the municipal, district people' s governments shall appropriate special funds for educational supervision.

Chapter III Educational Supervisors

       Article 12 Educational supervisors shall be the personnel to execute the duties of educational supervision and to exercise the authority of educational supervision.

       Article 13 The municipal office of educational supervision shall have the positions of chief educational supervisor, deputy chief educational supervisor, and municipal educational supervisor. The district office of educational supervision shall have the position of district educational supervisor.

       Article 14 Educational supervisors shall meet the following basic requirements:

(1)   to have aspirations for socialist education;

(2)   to know well the state laws, regulations, rules on education;

(3)   to have completed an undergraduate or higher education or to have a senior professional title, to have undertaken educational work for more than 10 years, and to be familiar with educational administration or teaching;

(4)   to abide by law and discipline, behave themselves well, insist on principles, be fair and just in dealing with matters.

Article 15 According to the needs of educational supervision, part-time

educational supervisors and special educational supervisors may be engaged. Part-time educational supervisors and special educational supervisors shall have the same authority as a full-time educational supervisor has.

       Article 16 The appointment and removal of educational supervisors shall be done according to the regulations on the public servants of the state. Educational supervisors, part-time educational supervisors, special educational supervisors shall be granted the certificates of educational supervisor by the people' s governments at the same level.

       Article 17 Educational supervisors shall take professional the training given by the superior office of educational supervision.

Chapter IV Supervision

       Article 18 Educational supervisors shall execute duties with their certificates in hand, be fair and just, honest and self-disciplined in educational supervision, and do their job according to law.

       Article 19 If the office of educational supervision conducts comprehensive or special supervision, it shall issue a notice of supervision 7 days in advance, and the supervised unit shall fully prepare itself according to the requirements of the notice of supervision.

       Article 20 The offices of educational supervision and educational supervisors may conduct supervision over supervised units as follows:

(1)   to listen to reports;

(2)   to examine the related written documents and audiovisual materials;

(3)   to have a meeting for informal discussion;

(4)   to attend classes;

(5)   to do interview, examination, and questionnaire among related personnel;

(6)   to do on-the-spot investigation.

Article 21 The offices of educational supervision and educational supervisors

shall have the following power in educational supervision:

(1)   to require supervised units to cooperate, provide information, documents, archives, data, account books;

(2)   to listen to work reports, attend the related meetings of supervised units as observers, and participate in the related activities;

(3)   to porpose that governments and educational departments give commendation and awards to the units and individuals who have outstanding achievements in educational work;

(4)   to make suggestions on the appointment and removal of cadres of supervised units based on the state of supervision;

(5)   to propose punishments for the acts which are against the laws, regulations, rules on education, and to demand correction by a deadline;

(6)   other necessary power.

Article 22 After the end of supervision, the supervised unit shall be informed of

the state of supervision, and provided with an opinion and suggestions. If there is a major problem, the people' s government at the same level, its educational department, and the superior office of educational supervision shall be informed of the state of supervision. The evaluation result of supervision may be made public.

       Article 23 The supervised unit shall make a reply to the opinion of supervision according to the requirements of supervision, and report to the office of educational supervision its ideas on improvement and the measures which have been taken for rectification. If the office of educational supervision believes it is necessary, a re-inspection may be arranged.

       Article 24 The educational supervisor on duty who has conflict of interests with a supervised unit shall withdraw.

Chapter V Penalty Provisions

       Article 25 If a supervised unit and its related personnel take one of the following acts, the educational department shall educate the directly responsible persons and the head of the unit or circulate a notice of criticism of them.

(1)   to refuse to provide the related information and data for the office of educational supervision and educational supervisors;

(2)   to obstruct the related personnel from providing information for the office of educational supervision and educational supervisors;

(3)   to practice fraud, deceive the office of educational supervision and educational supervisors;

(4)   to refuse to take corresponding measures for improvement without proper reason after the office of educational supervision and educational supervisors have advanced their opinion and suggestions;

(5)   the other acts to affect the work of educational supervisors.

Article 26 If a supervised unit and its related personnel take one of the

following acts, the responsible department shall impose administrative sanctions on the directly responsible persons or the head of the unit  according to the authority of cadre administration; if the circumstances are serious, the related department shall impose administrative penalty; if a crime has been constituted, the judicial office shall investigate into the criminal responsibility according to law:

(1)   to obstruct, resist educational supervisors in the execution of their duties according to law;

(2)   to retaliate educational supervisors and those who provided information for the office of educational supervision and educational supervisors;

(3)   to bring a false charge against others;

(4)   the other acts to seriously affect the work of educational supervision.

Article 27 If a supervised unit has an objection to the conclusion of educational

supervisors' evaluation, an application for review may be filed to the office of educational supervision, which drew the conclusion, within 15 days after the date of receiving the conclusion . If there is still an objection to the review conclusion, a complaint may be lodged to the educational department.

       Article 28 If an educational supervisor neglects duties, practices favoritism and engages in irregularities, abuses power, harbors others or takes revenge on others, and infringes on others' rights, the unit with which the supervisor is affiliated with shall impose an administrative sanction according to the circumstances in compliance with the related rules; if the circumstances are serious enough to constitute a crime, the judicial office shall investigate into the criminal responsibility according to law.

Chapter VI Supplementary Provisions