Experts Interpret Vocational Education Law

Promoting the rule of law in education is to guide and standardize all kinds of subject behaviors through educational laws. Focusing on the basic orientation of "vocational education is as important as general education", the new Vocational Education Law clearly defines the educational rights, obligations and responsibilities of the government, schools, society, teachers and students, comprehensively supervises the performance of duties and responsibilities of various subjects through the rule of law, effectively adjusts and balances various contradictions in the reform and development of vocational education through the rule of law, and strives to build a vocational education rule of law in which the government governs education according to law, schools run schools according to law, society participates according to law, teachers teach according to law, and students receive education according to law.

Vocational education is diverse in types, subjects and groups, so it is necessary to strengthen overall planning. The government is the core subject of vocational education management. Through administration according to law, the government has its own position, duties and responsibilities, forming a macro-orderly and micro-resultant system and mechanism, improving governance efficiency and injecting inexhaustible power into the development of vocational education.

1. Strengthen coordination at the national level.

The development of vocational education is a complex social system project, which needs to strengthen overall coordination to avoid fragmented policies and multi-head management. In 2018, the State Council approved the establishment of an inter-ministerial joint conference system for vocational education in the State Council, and established an overall coordination mechanism for vocational education at the national level, bringing together the efforts of various departments to promote the development of vocational education. The new "Vocational Education Law" clearly states that "the State Council will establish a coordination mechanism for vocational education and coordinate the national vocational education as a whole", and legalizes the inter-ministerial joint conference system for vocational education in the State Council. At the same time, it is clear that the Ministry of Education is responsible for the overall planning, comprehensive coordination and macro-management of vocational education, and Ministry of Human Resources and Social Security and other relevant departments are responsible for the relevant vocational education work within the scope of responsibilities stipulated by the State Council.

2. Strengthen overall management at the provincial level.

China has a vast territory, the uneven development among regions is insufficient, and the industrial structure and labor market structure are quite different between different regions. Therefore, since the reform and opening up, China has gradually formed a vocational education governance mechanism with hierarchical management by the central and local governments and overall planning by the local governments. The new Vocational Education Law further strengthens the overall planning power of provincial governments, stipulating that provincial people’s governments can integrate and optimize the responsibilities of vocational education of the people’s governments of cities and counties with districts according to law, unify management departments, and make overall plans for the development of vocational education in the region. In addition, the development of high-quality vocational education can’t just stay in words and on paper. The new law makes it clear that the investment in vocational education should meet the needs of vocational education development, and requires the provincial people’s government to formulate the standard of per capita funding or public funding for vocational schools in the region. The organizers of vocational schools allocate funds on time and in full according to the standard of per capita funding or public funding, continuously improve the conditions for running schools, and form a guarantee mechanism of key support and local responsibility.

3. Thick planting and developing soil at the social level

In the process of building a government ruled by law, it is particularly important to grasp the value orientation of administrative legislation. The new Vocational Education Law focuses on building a skilled society and planting the soil for the reform and development of vocational education. It clearly puts forward that the state should establish and improve the certification, accumulation and conversion mechanism of credits, qualifications and other learning achievements of school education and vocational training at all levels, promote the construction of a national credit bank for vocational education, and promote the integration and mutual recognition of learning achievements of vocational education and general education. The academic certificate, training certificate, vocational qualification certificate and vocational skill grade certificate are regarded as the important credentials for the educated, and the social status and treatment of technical and skilled talents are emphasized, so as to create a good social atmosphere in which everyone works hard to become a talent, everyone can become a talent and everyone can give full play to their talents.

School is the main body of vocational education and the core unit to promote the reform of vocational education. The new "Vocational Education Law" puts forward clear requirements for the basic conditions, establishment standards, leadership system, management methods and school-enterprise cooperation of vocational schools, which points out the path for vocational schools to run schools according to law.

First, in the direction of running a school, the new Vocational Education Law emphasizes that we must adhere to the leadership of the Communist Party of China (CPC), adhere to the socialist direction of running a school, and implement the national education policy. To run vocational education well, we must answer the fundamental question of who to train, how to train people and for whom. Vocational schools should regard the leadership of the Party as the fundamental guarantee for running a high-quality school, take the socialist direction as the fundamental requirement, fully implement the Party’s educational policy, cultivate socialist builders and successors with all-round development in morality, intelligence, physique, beauty and labor, ensure the continuous development and innovation of vocational education with China characteristics in the right direction, and constantly strengthen the road confidence of vocational education with China characteristics.

Second, in the mode of educating people, the new Vocational Education Law emphasizes adhering to moral education, combining morality and skills, adhering to the integration of production and education, school-enterprise cooperation, adhering to market orientation, promoting employment, adhering to practice orientation, strengthening ability, and adhering to teaching everyone in accordance with their aptitude. Adhering to the principle of cultivating people by virtue and combining morality with skill is to unswervingly cultivate people with Socialism with Chinese characteristics Thought of the Supreme Leader in the new era, and to promote the integration and unification of ideological and political education and technical skills training. Adhering to the integration of production and education and school-enterprise cooperation means innovating the system and mechanism, improving the governance structure, cooperating with industry organizations and enterprises in depth, and jointly promoting professional construction, curriculum reform, training base construction and professional teaching material development, so as to form a development pattern of benign interaction between education and industry and complementary advantages of schools and enterprises. Insisting on facing the market and promoting employment means highlighting the guiding role of market demand, promoting the precise connection between school specialty setting and talent training and market demand, and providing students with employment and entrepreneurship services such as career planning, career experience and job search guidance in various forms to enhance their employment and entrepreneurship ability. Persisting in facing practice and strengthening ability means taking the combination of work and study as the basic way to train talents in vocational education, strengthening the integration of teaching, learning and practice, implementing the combination of education and training, practicing the integration of knowledge and practice, broadening career horizons and increasing social experience, so that more young people can realize their life value with their skills. Insisting on teaching students in accordance with their aptitude is to regard vocational education as an important way to serve lifelong learning for all.Provide support services for different groups to learn re-employment, study after employment, study while working, and promote mutual learning and employment.

Third, in terms of self-management, the new Vocational Education Law emphasizes that vocational schools should be self-managed according to the articles of association, stipulating that schools can independently set up majors, select teaching materials, set up learning systems, adjust the length of schooling, and select teachers according to law, so as to promote vocational schools to adapt to market demand and run schools more flexibly, enhance the endogenous motivation and enthusiasm of running schools, and strive to improve the adaptability of vocational education personnel training.

Vocational education is most closely and directly related to economic and social development. To run vocational education well, we must give full play to the important role of social forces in vocational education development. The new Vocational Education Law stipulates that the state encourages the development of various levels and forms of vocational education, and strives to build a diversified school-running pattern with deep participation of social forces.

First, in terms of the main body of running a school, the new Vocational Education Law stipulates that education departments and industry authorities can hold vocational education, social forces can also participate in vocational education extensively and equally, and group organizations, industry organizations and institutions should also fulfill their obligations to implement vocational education and participate in, support or carry out vocational education. The new law places special emphasis on giving full play to the important role of enterprises in running schools, promoting enterprises to deeply participate in vocational education, and encouraging enterprises to hold high-quality vocational education.

Second, in the form of running a school, it can be held independently, can participate in it, and can also set up apprenticeship posts according to a certain proportion of the total number of posts to train apprentices for newly recruited employees, on-the-job employees and transferred employees, or jointly recruit students with vocational schools to train apprentices by combining work with study. The new law encourages and supports enterprises with technical skills, especially enterprises with integration of production and education, to cooperate with vocational schools and vocational training institutions to jointly build a high-level, professional, open and shared practice and training base with integration of production and education.

Third, in terms of participation content, the new Vocational Education Law proposes that enterprises can set up full-time or part-time positions to implement vocational education, and promote industry enterprises to deeply participate in the whole process of professional setting, teaching material development, training plan formulation, quality evaluation and practice training base construction of vocational schools. Encourage industry organizations and enterprises to participate in the development of vocational education textbooks, incorporate new technologies, new processes and new ideas into vocational school textbooks, and dynamically update them through loose-leaf textbooks and other means.

Fourth, in terms of social responsibility, the new Vocational Education Law emphasizes that the situation of vocational education carried out by enterprises should be included in the corporate social responsibility report. Enterprises should carry out vocational education for their employees and those who are going to recruit in a planned way, and implement the training and induction system in accordance with relevant state regulations. Industry departments and industry organizations to carry out talent demand forecasting, career development research and information consulting, and guide schools to be close to the market, close to the industry, close to the professional setting, and run schools in accordance with the laws of the industrial system and the market system.

Fifth, in terms of encouragement and guidance, strengthen the right of enterprises to run schools, and enterprises can use capital, technology, knowledge, facilities, equipment, venues and management to run schools. We will strengthen policy incentives for enterprises, reward enterprises that are deeply involved in the integration of production and education and school-enterprise cooperation in accordance with regulations, give financial, financial and land support to enterprises that meet the requirements and identify them as integration of production and education, and implement additional education fees, additional reductions and exemptions for local education and other tax and fee concessions.

Teachers are the first resource to develop vocational education and the key force to support the national vocational education reform in the new era. The new Vocational Education Law emphasizes that the state guarantees the rights of vocational education teachers and improves their professional quality and social status.

First, in terms of quality improvement, it is not only required that the people’s governments at or above the county level and their relevant departments should incorporate the training of vocational education teachers into the teacher team construction plan and strengthen the professional training of vocational education teachers; Moreover, it is proposed to establish and improve the training system of vocational education teachers at the national level, encourage the establishment of specialized vocational education normal colleges, support colleges and universities to set up related majors, train vocational education teachers, and encourage industry organizations and enterprises to participate in the training of vocational education teachers.

Second, in terms of teachers’ staffing, the basic standards for the staffing of vocational schools, the post setting of teachers, and the post evaluation and employment system are established. It is specifically proposed that public vocational schools can use a certain proportion of the teaching staff to recruit professional and technical personnel and skilled personnel as full-time or part-time teachers, and encourage the hiring of skilled masters, skilled craftsmen, and representative inheritors of intangible cultural heritage as full-time and part-time teachers. Professional teachers in vocational schools (including practice instructors) should have a certain number of years of corresponding work experience or practical experience, and reach the corresponding level of technical skills. Qualified business management and professional and technical personnel of enterprises and institutions, as well as other personnel with professional knowledge or special skills, who have passed the education and teaching ability training, may serve as full-time or part-time professional course teachers in vocational schools; Those who have obtained the qualifications of teachers may be appointed as corresponding teachers according to their technical titles. Obtaining the qualification of professional teachers in vocational schools can reduce the academic requirements as appropriate.

Third, in terms of salary incentives, a certain proportion of the income earned by vocational schools and vocational training institutions from school-enterprise cooperation, providing social services, or organizing enterprises and conducting business activities for the purpose of internship and training can be used to pay the labor remuneration of teachers, enterprise experts, external employees and educatees, and can also be used as a source of performance pay. Those who meet the national regulations are not limited by the total performance pay. Special education teachers engaged in vocational education for the disabled enjoy special education allowance in accordance with regulations.

For a long time, vocational education has been regarded as "inferior". After graduating from junior high school, the access to secondary vocational schools is narrow and the opportunity cost is high. Vocational school graduates encounter academic discrimination when taking public examinations, recruiting public institutions and taking postgraduate entrance examinations. These problems reflect the protection of students’ rights and interests in vocational education. The new "Vocational Education Law" faces the problem directly, making it clear that the legitimate rights and interests of students in vocational schools are protected by law, so that students can achieve employment ability, advantages in further studies and channels for development through receiving vocational education.

The first is the internship rights. It is a special requirement and obligation for students in vocational schools to participate in internship training. In view of the problems existing in practice, such as treating students as cheap labor and infringing on their legal rights during internship, the new Vocational Education Law stipulates that students have the rights to enjoy rest and vacation, obtain labor safety and health protection, participate in relevant insurance and receive vocational skills guidance during internship, and clearly stipulates that students who take up internships should sign internship agreements and give them appropriate labor remuneration.

The second is the right to go to school. The new "Vocational Education Law" clarifies that higher vocational school education is implemented by higher vocational schools and ordinary colleges and universities with junior college, undergraduate and above education levels. This shows that students in vocational schools can not only go to junior college, but also go to undergraduate and even graduate school, which has unblocked the development channel of vocational school students from the legal level. The new law also stipulates that the state should establish an examination enrollment system that conforms to the characteristics of vocational education. Higher vocational schools and ordinary colleges and universities that implement vocational education should determine the corresponding proportion in the enrollment plan or adopt a separate examination method to recruit vocational school graduates, which legally guarantees the right of vocational school students to receive high-level vocational education.

The third is to develop rights and interests. The new "Vocational Education Law" clearly puts forward that vocational school students have equal opportunities with ordinary school students at the same level in terms of further studies, employment and career development, and stipulates that people’s governments at all levels should create a fair employment environment, and employers should not set conditions for applying for, hiring and employing vocational school graduates that hinder their equal employment and fair competition. In the open recruitment of public institutions, positions with vocational skill level requirements can be appropriately lowered, so that vocational school graduates can have status and development.