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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II OVERSEAS WAGE AND SUBSIDY CHAPTER III OVERSEAS EXPENDITURE AND INCOME CHAPTER IV MANAGEMENT AND SETTLEMENT OF FUNDS CHAPTER V OTHER MATTERS CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Provisions are specially formulated in order to promote the exchange of Chinese teachers and foreign teachers, intensify the international Chinese teaching and foreign educational aids, fully mobilize the initiative of the teachers who have been sent abroad for public duties (hereinafter referred to as the teachers sent abroad) and further improve the administration of the teachers sent abroad. Article 2. The present Provisions shall apply to the teachers who have been selected and sent abroad by the Chinese government for long-term teaching (herein referred to working abroad for two years or more) with the financial aids of the Chinese government according to the relevant agreements or bilateral agreements on the exchange of foreign culture and education. CHAPTER II OVERSEAS WAGE AND SUBSIDY Article 3. The overseas wage of a teacher sent abroad may be calculated and distributed in the light of his professional teaching title determined by his domestic entity according to the following standards during the period when he works abroad: Unit: US$/month Grade: Grade I Position: Professor, Researcher Wage Standard: 1,300 Grade: Grade II Position: Associate Professor, Associate Researcher Wage Standard: 1,200 Grade: Grade III Position: Lecturer, Assistant Researcher Wage Standard: 1,100 Grade: Grade IV Position: TA (Assistant), Intern Researcher Wage Standard: 1,050 Note: The subsidies for the spouse of the foregoing teachers have been incorporated into their wages. Article 4. The subsidies for arduous regions shall be granted to the relevant teachers according to the regional category of countries where they teach. The grading of the regional category as well as the standards for arduous region subsidies shall comply with the standards for arduous region subsidies for the personnel sent abroad for foreign aids as formulated by the Ministry of Finance. See the detailed list of regions of Grades II through VI in the attachment. The standards for subsidies in force are as follows: Grade I region: No arduous region subsidy Grade II region: US$100 for each person each month Grade III region: US$200 for each person each month Grade IV region: US$320 for each person each month Grade V region: US$450 for each person each month Grade VI region: US$550 for each person each month Article 5. For a teacher sent abroad, his monthly wage shall, from his second teaching tenure in a region of Grade I or II, or where he begins to teach in a region of Grade I or II after fulfilling his teaching tenure in an arduous region of Grade III or above, be increased by US$25 for each new tenure, or where he begins to teach in an arduous region above Grade III after fulfilling his teaching tenure in a region of Grade I or II, his monthly wage shall be increased by US$50. For another teaching tenure in an arduous region at or above Grade III, the relevant monthly wage shall be increased by US$75. Article 6. Where the personnel of the embassy or consulate of the People¡¯s Republic of China in a foreign country enjoy the subsidies for chaos caused by war upon the approval of the Ministry of Foreign Affairs and the Ministry of Finance, the teachers sent abroad to teach in the same region may enjoy the same treatment. The standards and measures for distributing these subsidies shall be implemented according to the relevant provisions and circulars of the Ministry of Foreign Affairs and the Ministry of Finance. Article 7. During the period when a teacher works abroad for public duties, where the overseas employing party does not provide the transportation means or the relevant expenses for work, the state shall provide the subsidies for transportation according to the following standards: Grade I/II region: US$200 for each person each month Grade III region or above: US$400 for each person each month Article 8. Where a teacher sent abroad handles such formalities as residence and registration, purchases any necessary house appliance, teaching facility (including computers and the accessories thereof), installs any satellite receiving facility or has any other expenditure for settlement, the state provides a one-off subsidy of US$3,000 for work settlement. Where a teacher sent abroad returns to China in advance upon approval for any special reason and if the actual teaching term thereof is less than half a year (including half a year), the subsidy for work settlement is US$600; for a teaching term of half a year up to 1 year (including 1 year), the subsidy for work settlement is US$1,200; for a teaching term of 1 year up to 1 year and a half (including 1 year and a half), the subsidy for work settlement is US$2,000; for a teaching term of more than 1 year and a half, the subsidy for work settlement is US$3,000 in full amount. Where any teacher has collected a subsidy of US$3,000 for work settlement before going abroad, he shall refund the corresponding amount after his return. Article 9. Where a teacher sent abroad continues his teaching in a same region after the first teaching tenure, the state provides a subsidy of US$400 for work settlement for his second teaching tenure, which shall be used in the maintenance of house appliance and teaching facilities. During a consecutive teaching tenure, where any teacher returns to China in advance upon approval for any special reason and if his teaching term fails to reach 1 year, no subsidy for work settlement may be provided; if the teaching term is longer than 1 year (including 1 year), a subsidy of US$400 for work settlement shall be provided. Article 10. The overseas wage as well as all kinds of subsidies for a teacher sent abroad shall be calculated in light of the day when he leaves the territory of China or leaves the territory of the country where he teaches. For a teacher who teaches abroad for less than a month, his overseas wage and all kinds of subsidies shall be calculated by multiplying the daily standard by the actual number of days. In particular, the daily standard shall be calculated on the basis of the monthly standard being divided by the actual number of days in the current month. The teaching term shall comply with the circular of the dispatch department of teachers. Where a teacher detours on his way abroad or stops in the midway for any personal reason, his wage as well as all kinds of subsidies for his delayed days on the way to assume his office shall be deducted. Article 11. Where a teacher sent abroad dies abroad, the distribution of his wage and all kinds of subsidies shall be stopped from the next month after his death. The pension for the death shall be distributed by the entity where he works to his relatives according to the relevant provisions. Where the country where he taught distributes any pension or compensation, it shall be first used to offset the medical expenses that shall be born by individual according to the provisions and the remnant part shall belong to his relatives. CHAPTER III OVERSEAS EXPENDITURE AND INCOME Article 12. After the implementation of overseas wage and all kinds of subsidies, a teacher sent abroad shall, when working abroad, pay the expenses for accommodation, water and electricity, gas, heating, communication, society and books and materials, transportation as well as the relevant expenses, the expenses for hiring labor, surfing the net, receiving the cable (satellite) TV and renewing his passport and visa and purchasing any office appliance, house appliance, furniture and kitchen appliance as well as the insurance premiums for individual accidental injury, other than the expenses for medical treatment, international transportation and rental. Where a teacher sent abroad uses the subsidy for work settlement as granted by the state, the articles as purchased abroad thereby shall belong to the individual property of the said teacher and shall be disposed of by himself according to the relevant laws and provisions of the country where he works. Article 13. As to the accommodation of a teacher sent abroad, if, according to the relevant agreement, the accommodation shall be settled by the overseas employing party or the overseas employing party provides the wage and the inadequate part is made up by the state according to Article 26 or the incomes as generated abroad all belong to an individual, the state shall not reimburse the expenses for rental. Where there is no such agreement as mentioned above or where the employing party doesn't settle the accommodation or cover the expenses for rental, a teacher sent abroad shall rent an apartment by himself according to the rental standards as decided by the Chinese embassy or consulate abroad. The expenses for rental as prescribed in the relevant rental standards shall be reimbursed by the Chinese embassy or consulate abroad or an institution abroad as designated by the Ministry of Education according to the actual expenses that have occurred upon the strength of the receipt. The part of rental that goes beyond the rental standards shall be born by the individual. Article 14. The rental standards as decided by the Chinese embassy or consulate abroad shall be formulated according to the accommodation standards that a professor or an associate professor lives in a 2-room-1-hall apartment with a floor area of no more than 80 square meters and that a lecturer or TA lives in a 1- room-1-hall apartment with a floor area of no more than 60 square meters as well as according to the average rental level of an apartment without any furniture of the city he lives in and shall be reported to the Ministry of Education for archival filing. Where the rental is 15% above or below the standards as originally formulated, the Chinese embassy or consulate abroad shall adjust it in a timely manner and shall report the standards as adjusted to the financial department of the Ministry of Education for archival filing. Article 15. Part of the expenses for medical treatment for the teachers sent abroad have been incorporated into their overseas wages. During the teaching term abroad, the expenses for the purchase of drugs within the territory of China as prescribed in the provisions on the free medical care as well as the expenses for registration, drugs, examination, treatment, hospitalization as well as any other expenditure that falls within the scope of the free medical care that occur in the country where he works or in a third country shall be subject to the segmented calculation and be born by individuals and the state respectively in disregard of the wage levels: (1) Within a natural year, where a teacher sent abroad has a medical expenditure of US$240 or less (for a teaching term of less than 1 year, the medical expense shall be calculated on the basis of US$20 for each month), it shall be born by the teacher himself; (2) For an annual medical expenditure of US$240-600, a teacher sent abroad shall bear 30% thereof and the remnant part shall be reimbursed by the state; (3) For an annual medical expenditure of US$600-6,000, a teacher sent abroad shall bear 5% thereof and the remnant part shall be reimbursed by the state; (4) For an annual medical expenditure of more than US$6,000, all shall be reimbursed by the state. Where an employing party purchases the medical insurance or reimburses the medical expenses for a teacher sent abroad by China or where an employing party pays the wage and the state makes up the inadequate part according to Article 26 or where all the incomes belong to the individual property of a teacher sent abroad, the state shall not reimburse the medical expenses for the said teacher. Article 16. For a teacher who has been sent to a region in great danger of malaria, dengue, cholera, influenza or leprosies for public duties, the expenses for drugs, medical treatment and epidemic prevention as incurred for preventing and treating the aforesaid diseases shall be reimbursed by the state in full amount. Article 17. Any expenditure that doesn't fall within the scope of the free medical care (e.g., the expenditure for fitting false teeth, cleaning teeth or for purchasing any invigorator) shall all be borne by a teacher sent abroad himself. Article 18. The expenses for a teacher sent abroad to purchase the medical insurance in the country where he teaches shall be calculated for reimbursement according to the measures for medical segmentation as prescribed in Article 15. Article 19. As to the international transportation expense for a teacher sent abroad or his/her spouse to go abroad, return to his/her homeland as well as to go on holiday or pay any family visit, where it's stipulated in an agreement that the aforesaid expenses shall be provided by the relevant employing party, the state may not reimburse any of the foregoing expenses. Where the relevant employing party doesn't offer the foregoing expenses, the expenses shall be reimbursed according to the actual expenses for the shortest route as determined by the Ministry of Education. Article 20. A teacher sent abroad may decide the type of his transportation means to go abroad. The highest seat class for reimbursement shall be the economy class, train tourist coach and the third-class cabin. The expenses for the accommodation in the transit way, urban traffic or detour on the way that go beyond the standards for international transportation expenses in light of the shortest route shall be borne by a teacher sent abroad. Article 21. A teacher sent abroad for a teaching tenure of 3 years or more may, after working abroad for 2 years, enjoy a holiday return for once or pay a visit to a third country where his/her spouse studies or works. The relevant international transportation expenses shall be reimbursed according to the provisions of Article 19. Where a teacher sent abroad returns temporarily or participates in any relevant activity in a third country according to the requirements of the Ministry of Education, the international traveling expenses may be paid by the state. Article 22. During the teaching term of a teacher sent abroad, the spouse thereof may choose to accompany him/her or to pay family visits. Where the spouse of a teacher sent abroad chooses to accompany the teacher abroad, he/she may have a holiday return with the teacher according to the provisions of Article 21. When a person accompanies his/her spouse who has been sent abroad for public duties of teaching, the entity where he/she works shall reserve his/her post. Where the spouse of a teacher sent abroad chooses not to accompany abroad, he/she may pay a free family visit to the country where the teacher works after 1-year teaching term. In case the spouse of a teacher sent abroad gives up his/her right to visit, the right to pay a family visit may be transferred to the teacher. Article 23. Where a teacher sent abroad doesn't reside in Beijing, he may collect a subsidy of 2,500yuan for going abroad in a one-off manner to cover the expenses for the roundtrip, accommodation, urban traffic, presents, passport and visa and physical examination that occur on the way from his home to Beijing. Where a teacher sent abroad resides in Beijing, he may collect a subsidy of 1,500yuan for going abroad in a one-off manner to cover the expenses for urban traffic, presents, passport and visa and physical examination. The state shall not reimburse any expense of a teacher sent abroad that occurs within the territory of China (including the expenses for domestic transportation and accommodation for going abroad, return, family visits or holiday). A teacher sent abroad and his/her spouse shall handle the formalities for going abroad on private purpose, as is the general rule, and may, in the case of any special requirement, handle the formalities for going abroad on public purpose upon the approval of the Ministry of Education. Article 24. A teacher sent abroad shall make use of the vacation of the school where he teaches to have a free holiday return or pay a family visit, or to have a self-funding return home or go on a holiday in a third country so as not to affect the teaching work or the enforcement of the contract and shall be subject to the approval of the Chinese embassy or consulate abroad at the same time. The term for any holiday or family visit as approved shall not exceed 2 months at the most. A teacher sent abroad shall, when going on a holiday or paying a family visit, abide by the term as approved in a strict manner. Where anyone fails to obtain the relevant approval or oversteps the term for holiday as approved, his wage and all kinds of subsidies during his rule-breaking holiday period shall be deducted. Article 25. Where the international transportation expenses for a teacher sent abroad to have a holiday return or pay a family visit or to have a temporary return or go to a third country are reimbursed by the state or are funded by the employing party, the distribution of his subsidy for arduous regions in the above periods shall be stopped but he may enjoy his wage and the other subsidies. Where a teacher sent abroad returns home or goes to a third country for holiday or family visit as well as participates in any relevant activity on a self-funding basis, he may enjoy his wage and all kinds of subsidies. Article 26. Where a teacher sent abroad has such incomes as teaching wage (including wage, all kinds of subsidies, scholarship, the incomes as generated from part-time teaching or extra-time teaching as well as any other income), if the sum of his total incomes and the relevant expenses that may be reimbursed by his employing party (the expense for international transportation and rental) is equal to or higher than the sum of the wage, subsidies, rental and the international round-trip transportation as prescribed by the present Provisions and if the total incomes belong to his individual property, the state may not provide any subsidy or reimburse any expense. In case any income is lower than the standard as prescribed by the present Provisions, the inadequate part shall be made up by the state and, at the same time, all the expenses that occur both abroad and home in the same period shall be borne by individual. CHAPTER IV MANAGEMENT AND SETTLEMENT OF FUNDS Article 27. The funds for the teachers sent abroad shall be verified and allocated by the Ministry of Education to the Chinese embassies (consulates) abroad as well as the institutions as designated by the Ministry of Education. The specific settlement, distribution and management of the funds for the teachers sent abroad shall be put in the charge of the Chinese embassies (consulates) abroad and the institutions as designated by the Ministry of Education. Article 28. In case the overseas wage of a teacher sent abroad is funded by the state, he may collect in advance the expenses for work settlement as well as the wages and subsidies for no more than half a year or may, after arriving at the destination country, go to the Chinese embassy (consulate) abroad or the institution as designated by the Ministry of Education to collect in advance the expenses for work settlement as well as the wages and subsidies for no more than half a year upon the strength of the relevant certificate as produced by the Ministry of Education. Article 29. The wages and subsidies of the teachers sent abroad shall all be calculated and distributed in US dollar. A teacher sent abroad shall exchange his wage and subsidies in US dollar into the currency of the country where he works and bear the gains and losses of the foreign exchange margin between as well as the relevant commissions for handling the foreign exchange. Article 30. Where the incomes of a teacher sent abroad such as wage and subsidies are paid by the overseas employing party in the local currency and if there is any balance upon the expiration of his teaching tenure which cannot be converted into a free foreign exchange, he may hand in the amount of local currency upon the income receipt such as the receipt of wage to the Chinese embassy (consulate) abroad, which shall be converted into US dollar according to the internal exchange rate as prescribed by the Ministry of Foreign Affairs at the time of submission. The teacher shall, after returning to China, handle the settlement upon the strength of the certificate as produced by the Chinese embassy (consulate) abroad. However, the local currency as converted in the Chinese embassy (consulate) abroad shall not be more than 2/3 the total amount of wage and subsidies as distributed by the overseas employing party. Article 31. The overseas income and expenditure of a teacher sent abroad in the local currency shall be converted into US dollar in light of the internal conversion rate as prescribed by the Ministry of Foreign Affairs in the current month when the income or expenditure occurs and the relevant settlement shall be handled after he returns to China. Article 32. Where a teacher sent abroad concludes his teaching tenure and returns to China, he shall go to the designated institution to handle the formalities for the settlement of the relevant funds upon the strength of the relevant certification materials within 1 month as of his return. Where anyone fails to handle the settlement within the time limit, his wage and subsidies shall be deducted by 5% on a daily basis. CHAPTER V OTHER MATTERS Article 33. Where a teacher sent abroad is invited to attend any academic meeting as held by the country where he teaches, the relevant expenses for attending the meeting shall be borne by himself. Where a teacher sent abroad is invited to attend any academic meeting as held by a third country or returns to China for an academic meeting, he shall obtain the approval of the employing entity and report it to the Ministry of Education for approval and the relevant expenses for attending the meeting shall be borne by himself. Article 34. From the day when a teacher sent abroad leaves the territory of China, the distribution of his domestic wage, subsidies and allowance shall be stopped. During the period when a teacher sent abroad teaches abroad, his length of service shall be calculated in a consecutive manner. The old-age insurance and unemployment insurance of a teacher sent abroad during his teaching tenure abroad shall be handled in the same way as when he works on his domestic post by the entity where he works according to the relevant provisions. The public accumulation funds may be made up or paid according to the relevant domestic provisions after a teacher sent abroad returns. Article 35. Where any domestic college or university or public institution sends any teacher of Chinese abroad by itself in order to intensify the exchange and cooperation with overseas colleges and universities in culture and language or where any overseas entity employs any teacher of Chinese in its local place for the Chinese teaching, the expenses for the teachers who have been sent abroad as well as for employing the Chinese teachers in the local place shall be settled by the dispatching entity or employing entity, as is a general rule, and the state shall not provide any financial aid thereto. Due to any special reason and upon the approval of the Ministry of Education, the Ministry of Education may, according to the relevant provisions on the treatments for public dispatch abroad as well as the overseas treatments as provided to a teacher sent abroad, provide some financial aids. The financial aid shall be allocated by the Ministry of Education to the Chinese embassy (consulate) abroad or to an institution as designated by the Ministry of Education. The Chinese embassy (consulate) abroad or an institution as designated by the Ministry of Education shall, according to the amount of monthly financial aid as determined by the Ministry of Education, distribute it to the relevant teachers sent abroad and the local Chinese teachers on a monthly basis. Article 36. Where a teacher sent abroad participates in any domestic professional title appraisal, his teaching workload abroad shall be calculated as the fulfillment of domestic teaching workload. A teacher who has been sent to an arduous area of Grade III (including Grade III) or above shall be given priority in the professional title appraisal. Article 37. The traveling expenses for a teacher to attend the competition of going abroad may, upon approval, be reimbursed by the entity where he works according to the relevant provisions on domestic business trip. Article 38. Where the teaching tenure of a teacher sent abroad is less than 2 years but is more than 6 months (including 6 months), the expenses for work settlement shall be calculated on the basis of multiplying his actual teaching tenure months by US$3,000 and being divided by 24 months. A teacher sent abroad for a teaching tenure of less than 6 months may not enjoy any expense for work settlement. The wage, all kinds of subsidies and standards for expenditure and expenses as well as the measures for handling the incomes of the teachers sent abroad for a teaching tenure of less than 2 years shall be implemented according to the relevant articles of the present Provisions. At the same time, a teaching term of less than 2 years shall not be deemed as tenure and thus the relevant teachers shall not enjoy the relevant provisions on free family visits and holidays. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 39. The power to interpret the present Provisions shall remain with the Ministry of Education and the Ministry of Finance. Article 40. The present Provisions shall come into force as of September 1, 2005. The relevant provisions on teachers' wages and living treatments as promulgated before the enforcement of the present Provisions shall be simultaneously abolished. LIST OF THE COUNTRIES (REGIONS) OF FROM GRADES II TO VI WHERE THE STATE SENDS TEACHERS FOR PUBLIC DUTIES GRADE II REGION: Asia: Mongolia, India, Bombay, Iraq, Korea, Japan, Brunei, Indonesia and Pakistan Africa: Botswana, Lesotho, Namibia, Zambia, Kenya, Zimbabwe and Algeria Europe: Turkmen, Iceland, Poland, Bosnia and Herzegovina, Armenia, Tajikistan, Belarus, Ukraine and Georgia America: Panama, Suriname, Cuba, Saint Lucia, Peru, Guayaquil, Barranquilla and Santo Domingo Oceania: Fiji and Westsamoa GRADE III REGION: Asia: Vietnam, Laos, Cambodia, Burma, Sri Lanka, Nepal, Pakistan, Bengal, Afghanistan and Yemen Europe: Serbia and Montenegro and Albania Africa: Uganda, Rwanda, Burundi, Tanzania, Mozambique, Madagascar, Cameroon and Senegal Oceania: Papua New Guinea, Vanuatu, Marshall, Tonga and F.S.of Mcironesia America: Haiti GRADE IV REGION: Asia: Aden and East Timor Africa: Ethiopia, Comorin, Central Africa, Nigeria, Cape Verde, Angola, Sao Tome and Principe, Congo (with Brazzaville as the capital), Gabon, Douala, Benin, Togo, Ghana, Cote d'Ivoire, Liberia, Gambia, Congo (with Kinshasa as the capital) America: Mexico, Guyana, Ecuador and Colombia Oceania: Kiribati and Nauru GRADE V REGION: Africa: Equatorial Guinea, Guinea, Guinea-Bissau, Mauritania, Niger, Mali, Sudan, Djibouti, Burkina Faso, Sierra Leone and Eritrea GRADE VI REGION: America: Bolivia |
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