FURTHER EDUCATION IN

Introduction to the education system

The Chinese education system is a state-run system of public education run by the Ministry of Education. All citizens must attend school for at least nine years. The government provides primary education for six years, starting at age six or seven, followed by six years of secondary education for ages 12 to 18. Some provinces may have five years of primary school but four years for middle school. There are three years of middle school and three years of high school.

In 1985, the government abolished tax-funded higher education, requiring university applicants to compete for scholarships based on academic ability. In the early 1980s the government allowed the establishment of the first private schools.

1. The Chinese Education System

Although the government has authority over the education system, the Chinese Communist Party has played a role in managing education since 1949. The monitors the government's implementation of its policies at the local level and within educational institutions through its party committees. Party members within educational institutions, who often have a leading management role, are responsible for steering their schools in the direction mandated by party policy.

The Law on Nine-Year Compulsory Education, which took effect on July 1 1986, established requirements and deadlines for attaining universal education tailored to local conditions and guaranteed school-age children the right to receive at least nine years of education (five year primary education and four years secondary education). The program sought to bring rural areas, which had four to six years of compulsory schooling, into line with their urban counterparts.

The compulsory education law divided China into three categories: cities and economically developed areas in coastal provinces and a small number of developed areas in the hinterland; towns and villages with medium development; and economically backward areas.

1.1 Vocational and Technical Schools

The "Law on Vocational Education" was issued in 1996. Vocational education embraces higher vocational schools, secondary skill schools, vestibule schools, vocational high schools, job-finding centers and other adult skill and social training institutes. To enable vocational education to better accommodate the demands of economic re-structuring and urbanisation, in recent years the government has remodeled vocational education, oriented towards obtaining employment, and focusing on two major vocational education projects to meet society's ever more acute demand for high quality, skilled workers. These are cultivating skilled workers urgently needed in modern manufacture and service industries; and training rural laborers moving to urban areas.

man_002\2597324\1 1 16 May 2011 robinscz 1.2 Private Education

The government supports private educational organisations. The first "Law on Promotion of Private Education" came into effect on September 1, 2003.

Development of private schools means an increase in overall education supply and a change in the traditional pattern of public-only schools, so as to meet educational needs. At the end of 2004, there were more than 70,000 private schools of all types and level, with a total enrollment of 14.16 million, including 1,279 private institutes of higher learning, with a total enrollment of 1.81 million.

Private schools have pioneered cooperation with foreign partners in the running of schools and many foreign universities have entered China this way, which has both improved the quality of China's education resources and opened new channels for students' further studies

man_002\2597324\1 2 16 May 2011 robinscz HIGHER EDUCATION IN CHINA

1. Types of higher education providers

Higher education is provided by institutions of various types and the length of study may vary from one month to several years. Generally the bachelor‟s degree is only granted by universities and specialist institutions, although the right to grant such degrees has also been given to some vocational institutions. Usually, vocational institutions and specialised colleges provide non-university postsecondary studies and their graduates are awarded diplomas.

The higher education institutions offer a wide variety of traditional and non- traditional programmes that lead to degrees or diplomas. However, only programmes which have been approved by the Ministry of Education can be considered as recognised.

1.1 Universities and specialist institutions

Universities and specialised institutions offer degree programmes in 11 different fields, with each field being sub-divided into further specialities. The fields of study are as follows: agriculture; arts; engineering; finance and economics; forestry; humanities; medicine and pharmacy; natural science; physical culture; political science and law; and teacher training.

Obtaining a place at a university is very competitive and places are very limited, with the number of students applying for places greatly outnumbering the number of places available. There is also a very strict national system of selection for university places based on scores obtained in the unified /college entrance examination.

1.2 Specialist schools/colleges

These institutions offer higher education programmes which represent less than four years of full time study in the fields of: agriculture; animal husbandry; various areas of commerce (e.g. accounting and taxation); engineering and technology; medical sciences; navigation; sericulture; teacher training; and tourism.

Admission to specialist colleges is generally based on graduation from senior middle school and scores on the unified national university entrance examinations. Diplomas may be earned upon completion of two or three year full time programmes, or three to four year part time programmes. After two years of successful study students can apply to the third year of a bachelors programmes in a degree-granting higher education institution.

1.3 Vocational universities

The purpose of vocational universities is to address the manpower requirements of the community in which they are located. Some of the institutions have grown out of workers‟ colleges and some out of the branch colleges of large universities, while some are new institutions. The graduates are usually awarded diplomas, but very few vocational universities also have the right to offer the bachelo‟s degree programme. Even though most vocational universities do not offer degree programmes, they generally use the Chinese characters for „college‟

man_002\2597324\1 3 16 May 2011 robinscz or „university‟ in their official name and the characters for „vocational‟ may not even appear in their name at all.

1.4 Adult (non-formal) higher education

Non-formal higher education is largely three years in length. It follows the curriculum for formal higher education in corresponding disciplines. Entrance to such programmes usually requires passing the Adult Higher Education Entrance Examination, which is a national public examination. The State Education Commission now includes an adult educational department as do provincial, autonomous regional, municipal, and county-level education commissions, departments, and bureaux.

1.5 Alternative forms of higher education

There are various other forms of higher education that operate in China. These include:

Administrative Colleges: these offer adult middle school level and higher education programmes for staff members employed in government offices.

Correspondence and evening programmes: these offer part time adult higher education programmes through correspondence and evening courses. Diploma programmes, in-service courses, refresher courses and other courses are offered on a face to face basis. Bachelor‟s degree programmes may also be offered on a part time basis and are considered to be equivalent to those earned in formal higher education programmes, and therefore are approved by the Ministry of Education.

Independent self-study examinations: this is the only form of higher education in China with an entirely open admissions policy. Because of this, the Ministry of Education carefully regulates the examinations in order to ensure quality. It is possible for students to work towards the award of a bachelors degree in this way.

2. Establishment of Institutions of Higher Education

2.1 Chapter III Article 24 of the Higher Education Law Order No. 7 of the President of the People‟s Republic of China (the “Order”) website:

http://202.205.177.9/edoas/en/level3.jsp?tablename=1242700726117393&info id=1243301371035191&title=Higher Education Law of the People's Republic of China)

states that Higher education institutions shall be established in accordance with State plans for the development of higher education and in keeping with the interests of the State and the public; they may not be established for purposes of making profits.

Article 27 of the Order states that for establishment of a higher education institution, the following materials shall be submitted to the approving authority:

(1) an application;

man_002\2597324\1 4 16 May 2011 robinscz (2) feasibility study materials;

(3) regulations; and

(4) other materials required by the approving authority in accordance with the provisions of the Order.

Article 29 of the Order states that the establishment of higher education institutions shall be subject to examination and approval by the administrative department for education under the State Council, the ones for special course education may be subject to examination and approval by the people‟s governments of provinces, autonomous regions and municipalities directly under the Central Government that are authorized by the State Council.

The establishment of other higher education organizations shall be subject to examination and approval by the relevant departments authorized by the State Council or by the people‟s governments of provinces, autonomous regions and municipalities directly under the Central Government. The administrative department for education under the State Council shall have the right to abolish the higher education institutions and other higher education organisations the establishment of which is not examined and approved in accordance with the requirements as stated. For examination and approval of the establishment of higher education institutions, specialists shall be invited to form a panel for appraisal.

2.2 Article 11 of Chapter II of the Law of Promotion of Non-Public Schools of the People‟s Republic of China website:

http://202.205.177.9/edoas/en/level3.jsp?tablename=1242700726117393&info id=1248159946404472&title=Law on the Promotion Of Non-public Schools of the People‟s Republic of China

states that the establishment of Non-public schools that provide education for academic credentials, pre-school education, training for preparing self-study examinations and other cultural education shall be subject to examination and approval by the administrative departments of education under the people‟s governments at or above the county level within the limits of their powers defined by the State.

The establishment of a Non-public school that mainly provides training for vocational skills, including training for vocational qualifications, shall be subject to examination and approval by the administrative department of labour and social security under the people‟s government at or above the county level within the limits of its powers defined by the State, which shall send a duplicate of the approval document to the administrative department of education at the same level for the record.

Article 15 states that where conditions for the establishment of a school are satisfied and the standards for establishment are reached, an application for its official establishment may directly be made, and the materials specified in Article 12 and subparagraphs (3), (4) and (5) of Article 14 of the present law shall be submitted.

Article 16 states that where an application for official establishment of a Non- public school is made, the examination and approval authorities shall, within three months from the date they receive the application, make a decision in writing on whether to approve it or not, and serve the decision on the applicant;

man_002\2597324\1 5 16 May 2011 robinscz where, in this regard, an application is made for the official establishment of a Non-public institution of higher education, the examination and approval authorities may, within six months from the date they receive the application, likewise make a decision in writing on whether to approve it or not and serve the decision on the applicant.

3. Current situation

Over the past decade, the higher education sector in China has proliferated at an unparalleled rate - in 2006, enrolment at higher education institutions in China was 7.3 million, 3.5 times higher than in 1997. This rapid expansion has been facilitated by government reforms resulting in students/parents contributing to the cost of higher education through tuition fees, a shift in control of higher education from central to local government, and the introduction of private institutions, which now account for almost 20% of higher education students in China.

The rapid expansion of higher education in China has been accompanied by a rise in its status. The THE-QS 2008 ranking of the world‟s Top 200 Universities placed Beijing University in 50th place and Tsinghua and Fudan universities also appeared in 56th and 113th positions respectively. However, despite the growth in terms of status and domestic student population, the well-established trend for Chinese young people to study abroad remains strong and Chinese students are an increasingly significant presence in the UK university system.

4. Students

Due to the limited number of places available in Chinese universities, the number of Chinese students attending UK universities, as well as other universities across the world, has risen dramatically in the past couple of years and the trend shows no sign of lessening. There are currently over 50,000 students in the UK HE system. Furthermore, many Chinese students are arriving in the UK at a pre-university age to attend UK schools and colleges and improve their English before starting a degree.

5. Responsibility for higher education in China

The Ministry of Education and the Academic Degrees Committee of the State Council exercise a unified leadership over the country‟s higher education and are responsible for macro guidance and administration.

The Ministry of Education is a central government agency under the State Council. It is responsible for carrying out the related laws, regulations, guidelines and policies of the central government; the planning development of the education sector; integrating and coordinating educational initiatives and programmes nationwide; and guiding educational reform across the country.

Education authorities in the major cities (Bejing, Chongqing, Shanghai and Tianjin) and the provinces, however, have been given the responsibility for local higher education policy, programmes, quality assurance, admission, specialities and fund raising in accordance with national policies and laws.

The role of the Academic Degrees Committee of the State Council is to direct the work of conferring academic degrees throughout the country. Lists of

man_002\2597324\1 6 16 May 2011 robinscz institutions of higher learning and scientific research institutes that may confer academic degrees, and the disciplines in which academic degrees may be conferred, are submitted to the State Council by the Academic Degrees Committee for approval and promulgation.

The Disciplines Appraising Group, under the Academic Degrees Committee of the State Council, is formed according to disciplines and consists of specialists and scholars with high academic achievements from each of the disciplines. Its duties include: the examination and ratification of Masters and Doctors degrees; evaluating and issuing the catalogue of degree-conferring disciplines and specialties; putting forward suggestions for improvement within the higher education sector, and the examination of the quality of degree conferment and higher education.

The China Academic Degrees and Graduate Education Development Centre is an administrative department directly under the Ministry of Education, operating under the joint leadership of the Ministry of Education and the Academic Degrees Committee of the State Council. It was established in July 2003 and participates in scientific research into academic degrees and higher education, providing advice for the Ministry of Education and the Academic Degrees Committee of the State Council in formulating policies concerning academic degrees and higher education. In addition it is responsible for constructing and maintaining the information systems for higher education on a national basis, and provides services in this area to the public. Linked to this, it also conducts non- governmental initiatives to encourage international exchanges and cooperation in the field of higher education, as well as undertaking other related responsibilities.

All higher education institutions have introduced the management system whereby the institution‟s president assumes sole responsibility for its performance. The president of a college or university is appointed by the government and his responsibility is to organise teaching, research and the coordination and development of external relationships.

6. Establishing a UK campus in China

UK universities are cementing the cultural exchange between China and the UK by setting up campuses and subsidiaries in China. In addition to Nottingham‟s Shanghai venture, the University of Liverpool opened a new university in Suzhou in 2006, in collaboration with Xi‟an Jiaotong University. Under this business model, the Chinese partner pays the venture‟s capital costs and owns the infrastructure while the UK institution teaches and awards degrees.

In 2006 the QAA conducted audits of 10 selected partnerships between UK and Chinese higher education institutions in order to establish how UK institutions were maintaining academic standards within these partnerships. The findings revealed that nearly half (82) of all UK higher education institutions reported that they are involved in some way in providing higher education opportunities in China and that there is a great variety in the type of link used to deliver UK awards in China, the subjects studied and the nature of the awards. For example, collaborations range from setting up branch campuses in China through partnerships with existing Chinese institutions to the establishment of cooperative educational programmes or projects between UK and Chinese institutions. In 2005-06 there were nearly 11,000 Chinese students studying in China for a UK higher education award, 3,000 of whom were on programmes that would involve them completing their studies in the UK.

man_002\2597324\1 7 16 May 2011 robinscz Recent significant developments with respect to international „partnerships‟ with Chinese institutions include the University of Nottingham Ningbo, which is sponsored by the City of Ningbo, China, with cooperation from Zhejiang Wanli University, and Xi‟an Jiaotong Liverpool University (XJTLU), located in Suzhou in China. This is the world's first Sino-British university between research led universities, and is officially recognised by the Chinese Ministry of Educationas a "not for profit" educational institution. Other examples of UK-China international partnerships include: Leeds Metropolitan University and Zhejiang University of Technology; Queen Mary, University of London and Beijing University of Posts and Telecommunications; the Queen‟s University of Belfast and University; and the University of Bedfordshire and the China Agricultural University. Also worthy of note is the DUFE-Surrey International Institute, which is an academic partnership institution between Dongbei University of Finance and Economics in Dalian, China, and the University of Surrey in Guildford, Surrey, UK.

Innovation China is a joint initiative between the Higher Education Funding Council for England, Department for Innovation, Universities & Skills, and the Chinese Ministry of Science and Technology. It connects five UK higher education institutions with over 20 Chinese partner institutions. The five UK institutions involved are Queen Mary Institution of London, Kings College London, University of Nottingham, University of Southampton and the Royal Veterinary College. The UK Institutions all have a strategic commitment and track record in collaborating with top Chinese universities and institutions. Innovation China promotes joint innovation and knowledge transfer between the UK and Chinese Institutions and has created an integrated framework of support and funding, which includes developing an ICUK Collaboration Development Fund into which partner institutions submit applications for proof-of-concept research and collaboration development grants.

Another key development concerns the funding which is being made available by the China-UK Collaborative Partnerships in Entrepreneurship and Employability for UK HE institutions to develop partnerships with Chinese institutions in the areas of employability and entrepreneurship. 6 Projects were funded:

(a) The London College of Fashion (University of the Arts) and Beijing Institute of Fashion and Technology, which aims to address the challenges of embedding employability and entrepreneurship into the creative curriculum;

(b) The University of Northampton, UK – University, Province, which will develop jointly-validated training modules for UK and Chinese students concerning global entrepreneurship for the 21st century;

(c) Queen‟s University Belfast and , Guangdong Province. which is a mutually-beneficial partnership to develop a Sino-British entrepreneurship programme at Shenzhen University and Queen‟s University Belfast. The programme will be developed by the project team and piloted with Queen‟s and Shenzhen students and staff to test its feasibility; it will then be made available to both institutions. The primary outcomes are a curriculum model, an „Enterprise for Life‟ toolkit, teaching materials and mutually shared learning. The project will combine world- class Chinese entrepreneurship practice with UK enterprise theory and teaching, and will build a sustainable model to develop the globally entrepreneurial graduate capable of stimulating endogenous growth;

man_002\2597324\1 8 16 May 2011 robinscz (d) Imperial College London and Tsinghua University, Beijing. During the initial phase of this project staff from the graduate schools and international offices at Imperial College London and Tsinghua University will share best practice on training for doctoral students for employability and entrepreneurship, to understand the different cultural contexts for this training and ultimately to develop a joint week long training course on employability and entrepreneurship for doctoral students, to be delivered in year 2 of the project;

(e) University of Bolton and Tongji University, Shanghai, which will specifically develop curriculum relating to problem solving and innovation focussing on the development of enterprise skills in vocational University courses. This project will foster links between UK and Chinese Universities, companies and students preparing all parties for an ongoing long-term relationship and leading to both a Chinese and a European network of opportunity; and

(f) The University of Aberdeen and South China Normal University, Guangdong Province, which will consolidate and significantly develop the partnership between the School of Education at the University of Aberdeen and South China Normal University in , Guangdong Province.

A joint venture with a Chinese partner used to be effectively the only way to set up a business in China. This is no longer the case but it may still be sensible to choose this option, given the advantages of the partner‟s local knowledge and contacts. It is, however, essential that the UK institution carefully checks its partner‟s credentials and is confident that they can be trusted. The China-Britain Business Council warns that this is all the more important in China as “in an environment where detection of IPR crime is slight, the penalties applied by the courts and administrative authorities are generally low and the climate of widespread piracy favours the infringer, Chinese IPR law tends to be seen as an irrelevance – by both abuser and abused”.

Institutions‟ individual arrangements for managing the academic standards and quality of learning opportunities are generally comparable with programmes in the UK and reflect the expectations of the Code of Practice for the assurance of academic quality and standards in higher education, published by QAA.

A few years ago, the Chinese government implemented regulations allowing foreign companies to set up wholly-owned trading subsidiaries in China. To register a wholly foreign owned subsidiary, a detailed business plan must be submitted including the reasons for investing in China and a risk analysis. A major advantage of a wholly-owned subsidiary is the protection of any intellectual property generated by the programme. However, strong relationships are a key component in running successful operations in China. It would appear that the business model adopted by the University of Liverpool outlined above combines the advantages of a UK institution‟s branding with financial commitment from a Chinese partner.

There are, however, words of warning from some in the higher education sector. Professor Ian Gow, who was formerly head of Nottingham‟s China campus has warned of the risks of Chinese collaboration. He thinks that Chinese institutions will insist very strongly on their own agenda and could take advantage of „naïve‟ British institutions. Furthermore, the growing number of Chinese university courses being taught in English (more cheaply than in the UK) could eventually reduce the flow of Chinese students coming to Britain.

man_002\2597324\1 9 16 May 2011 robinscz This document has been prepared by Eversheds LLP. Unless expressly stated to the contrary, the material contained in this document is for general information purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this document. No liability is accepted by Eversheds for any action taken in reliance on the information contained in this document. Any and all information is subject to change.

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For further information on Eversheds LLP or the Education team, please contact Glynne Stanfield at Eversheds LLP on 0845 497 3806 or email: [email protected]

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