Provisions of Jilin Province on Continuing Education of Professional Technicians
(Promulgated by Decree No. 267 of the People’s Government of Jilin Province on November 26th, 2018)
Article 1 These Provisions are formulated for the purposes of continuously improving the skills of professional technicians, protecting their rights and interests, and regulating the continuing education activities, in accordance with relevant laws, regulations, and in the light of actual circumstances in this Province.
Article 2 The continuing education of professional technicians (hereinafter referred to as “continuing education”) of state organs, enterprises, public institutions, social groups, and other organizations (hereinafter referred to as “employers”) in the administrative region of the Province shall be governed by these Provisions.
The term "professional technicians" as mentioned in these Provisions refers to on-the-job personnel who have obtained professional technical qualifications or junior professional and technical post qualifications in accordance with the provisions of the State, as well as those professional technical civil servants.
The term "continuing education" as mentioned in these Provisions refers to the education that supplements, updates and expands relevant professional knowledge and skills of professional technicians, so as to improve their knowledge structure, improve their comprehensive quality and enhance their innovation ability.
Article 3 The continuing education shall be oriented to economic and social development as well as scientific and technological progress, with capacity-building as the core, and shall highlight the pertinence, practicality and foresight, and insist on the principles of integrating theory with practice, teaching as needed, stressing practical results, and combining cultivation with use.
Article 4 A joint investment mechanism shall be established for continuing education among the government, society, employers and individuals.
The people's governments at the county level and upwards shall include funds for continuing education into the budget to ensure the need for continuing education.
Enterprises and institutions shall draw up staff and workers' education funds in full by not less than 15% of the total wages of staff and workers, among which, the proportion used for continuing education shall not be less than the proportion of professional technicians in the total number of workers in their units.
The social organizations and individuals shall be encouraged to participate, finance or contribute to continuing education.
Article 5 The management system of overall planning, hierarchical responsibility and classified guidance shall be carried out for continuing education.
The administrative departments of human resources and social security of the people's governments at the county level and upwards shall be responsible for the comprehensive management, guidance and supervision of continuing education in their respective administrative areas. The relevant administrative departments of the people's governments at the county level and upwards shall, in accordance with their respective duties, be responsible for the organization and management of the continuing education in their system and industry. The trade organizations shall be specifically responsible for the formulation, implementation and related work of the continuing education in the industry.
Article 6 The people's governments at the county level and upwards shall strengthen guidance and support for continuing education work, provide services such as policies, projects and information, encourage and promote the participation of employers and professional technicians in continuing education, so as to ensure the sustainable development of public services in continuing education.
Article 7 The employing unit shall perform the following duties:
(1) To implement the laws, regulations, rules and policies of continuing education, and to accept supervision and inspection by the administrative departments of human resources and social security of the people's governments at the county level and upwards;
(2) To formulate and organize the continuing education plans for their units in accordance with the continuing education plan;
(3) To ensure the time and related funds for the participation of professional technicians in continuing education;
(4) To ensure that professional technicians enjoy the same salary and welfare treatment during the period of off-production continuing education or semi-productive education as those on duty;
(5) To inspect and assess the conditions of professional technicians receiving continuing education.
Article 8 The professional technicians shall have the right and obligation to receive continuing education.
The professional technicians shall enjoy the following rights of continuing education:
(1) To enjoy equal wages and benefits same as employees on duty during the period of continuing education in accordance with laws and regulations;
(2) To make opinions and suggestions on continuing education work;
(3) To lodge complaints against the violations of their right to receive continuing education;
(4)Other rights prescribed by laws and regulations.
The professional technicians shall fulfill the following obligations of continuing education:
(1) To abide by the laws, regulations and rules of continuing education;
(2) To obey the uniform arrangements of their employers and abide by the study discipline and relevant systems;
(3) To complete the prescribed continuing education hours; and
(4) To bear the continuing education expenses to be paid by individuals as determined through consultation with their employer.
Article 9 The content of continuing education includes public and professional subjects.
The public subjects include laws, regulations, theories and policies, professional ethics, technical information and other basic knowledge that shall be generally mastered by professional technicians. The professional subjects include new theories, new knowledge, new technology, new methods and other professional knowledge that shall be mastered by professional technicians in professional job.
Article 10 The training of public subjects shall be organized by the administrative departments of human resources and social security under the people's governments at the county level and upwards in combination with the actual practice of their respective administrative areas, and the training of professional subjects shall be carried out mainly by the system, the industry and the units.
Article 11 The professional technicians participating in continuing education shall spend no less than 90 hours a year, of which not less than 30 hours shall be required for public subjects and 60 hours for professional subjects.
The professional technicians who participate in continuing education through the following means shall be included in their continuing education hours in the current year:
(1) Participating in training courses, study classes or further study classes;
(2) Participating in relevant continuing education practice activities;
(3) Participating in distance education;
(4) Participating in academic conferences, lectures, academic visits, etc.;
(5) Other means that meet the requirements.
The way of continuing education and the specific cognition of education hours shall be formulated by the provincial administrative department of human resources and social security.
Article 12 The institutions of education and training established by institutions of higher learning, scientific research institutes, and enterprises (hereinafter referred to as continuing education institutions) in accordance with law may provide continuing education services to professional technicians.
Continuing education institutions shall have places, facilities, teaching materials and teaching administrators to carry out continuing education, and shall establish and improve corresponding organizational institutions and management systems.
Continuing education institutions shall formulate and implement continuing education teaching plans, open to the society the contents, the scope of training, time and place, charging items and standards of continuing education, and establish teaching files, and shall, in accordance with the examination results, issue the education certificate of participating professional technicians truthfully.
Article 13 A continuing education institution shall establish a high-quality contingent of teachers with noble ethics, excellent business, reasonable structure and both theoretical and practical experience.
Continuing education institutions shall employ experts, scholars and professional backbone who have rich teaching experience, good social reputation, and certain academic research results to be full-time and part-time teachers.
Article 14 The employing unit and the continuing education institution shall register the type, content, time and examination results of the professional technicians participating in the continuing education.
Article 15 The administrative department of human resources and social security of the people's governments at the county level and upwards shall, in conjunction with the relevant administrative departments and trade organizations, standardize the continuing education behavior of continuing education institutions, establish a credit management database of continuing education institutions, and establish credit files for institutions and personnel involved in continuing education, so as to strengthen supervision and management on continuing education activities.
Article 16 The administrative departments of human resources and social security and the competent trade departments of the people's governments at the county level and upwards shall, in accordance with the provisions, select continuing education institutions of high training quality, good social benefits and high credit, which play a leading and exemplary role in continuing education, to compose a regional and industrial continuing education base.
Article 17 The administrative department of human resources and social security under the people's governments at the county level and upwards, the competent trade departments, and the employing unit shall establish and improve the examination and incentive mechanism for the professional technicians to receive continuing education.
The participation of professional technicians in continuing education shall be regarded as an important basis for examination and evaluation, an important basis for employment of posts, and an important condition for the appointment of professional and technical posts or the application and evaluation of higher-level qualifications. The relevant laws and regulations, as for any requiring continuing education of professional technicians as a necessary condition for registration of professional qualifications shall apply.
Article 18 The administrative departments of human resources and social security under the people's governments at the county level and upwards shall establish and improve the public service system for continuing education and provide the following public services:
(1) To formulate and publish continuing education policies and guidelines on public subjects for public needs; to perform overall coordination and guidance on continuing education;
(2) To integrate the resources of continuing education and set up a platform of integrated public information services for continuing education and a library of teachers' funds, teaching materials and projects;
(3) To organize and implement special projects for continuing education around the major development strategies of the State and the Province;
(4) To promote the development of remote continuing education;
(5) Other forms of continuing education public services.
Article 19 The relevant administrative departments and trade organizations shall provide the following public services for continuing education:
(1) Formulating or issuing guidelines on professional subjects;
(2) Constructing information management platform for the continuing education of professional technicians of the system and the industry, developing continuing education resources to provide continuing education service to professional technicians of the system and the industry;
(3) Organizing the continuing education activities such as academic seminars and technical exchanges;
(4) Providing other forms of continuing education public services.
Article 20 As for the administrative department of human resources and social security and the competent trade department of the people's governments at the county level and upwards organize the continuing education activities, the public welfare shall be prominent and no fees shall be charged.
As for the administrative department of human resources and social security and the competent trade department of the people's government at the county level and upwards entrust a continuing education institution to hold continuing education activities, it shall be, in accordance with the law, selected by means of bidding, with which a government procurement contract shall be signed to clarify the rights and obligations of both parties.
Enterprises, institutions, industry organizations and other organizations shall be encouraged and supported to organize the public welfare continuing education activities.
Article 21 As for an employing unit violates the provisions of Article 4, paragraph 3, Article 7, Article 14 and Article 17 of these Provisions, it shall be instructed to make corrections by the administrative department of human resources and social security or the competent department of the trade of the people's governments at the county level and upwards; where damages are caused to professional technicians, the violator shall be liable for compensation in accordance with law.
Article 22 As for a professional technician violates paragraph 3 of Article 8 and paragraph 1 of Article 11 of these Provisions, the employing unit may, in the light of situations, give criticism and education, do not reimburse or request refund of education expenses.
Article 23 As for a continuing education institution violates the paragraphs 2 and 3 of Article 12 and Article 14 of these Provisions, the administrative department of human resources and social security or the competent department of the trade of the people's governments at the county level and upwards shall instruct it to make corrections within a time limit, and give a warning; where the circumstances are serious, the continuing education activities shall be instructed to suspend.
Article 24 Where the administrative departments of human resources and social security of the people's governments at the county level and upwards, the competent departments of the trade and their functionaries do not conscientiously perform their duties or engage in malpractices for personal gain, abuse of power or neglect of their duties in the administrative work of continuing education, its superior competent department shall instruct to make corrections, and shall, in accordance with its administrative powers, deal with the persons directly in charge and other directly responsible persons in accordance with the law.
Article 25 These Provisions shall become into effective as of the date of February 1st, 2019.