Law on the Protection of Disabled Persons of the People's Republic of China

Law of the People's Republic of China on the Protection of Disabled Persons

(Adopted at the 17th Meeting of the Standing Committee of the 7th National People's Congress on December 28, 1990, revised at the 2nd Meeting of the Standing Committee of the 11th National People's Congress on April 24, 2008, and amended at the 6th Meeting of the Standing Committee of the 13th National People's Congress on October 26, 2018)

Table of Contents
Chapter 1 General Principles
Chapter 2 Rehabilitation
Chapter 3 Education
Chapter 4 Employment
Chapter 5 Cultural Life
Chapter 6 Social Security
Chapter 7 Barrier-Free Environment
Chapter 8 Legal Responsibilities
Chapter 9 Supplementary Provisions

Chapter 1 General Principles

Article 1 In order to safeguard the legitimate rights and interests of disabled persons, develop the cause of disabled persons, and ensure that disabled persons can fully participate in social life on an equal basis and share the material and cultural achievements of society, this law is formulated in accordance with the Constitution.

Article 2 Disabled persons refer to individuals who have lost or have abnormal psychological, physiological, or anatomical functions, resulting in the complete or partial inability to engage in certain activities in a normal manner. Disabled persons include those with visual impairments, hearing impairments, speech impairments, physical disabilities, intellectual disabilities, mental disabilities, multiple disabilities, and other disabilities. The standards for disability are set by the State Council.

Article 3 Disabled persons enjoy equal rights in political, economic, cultural, social, and family life, just like other citizens. The civil rights and personal dignity of disabled persons are protected by law. Discrimination based on disability is prohibited. Insulting or infringing upon disabled persons is prohibited. It is also prohibited to demean or harm the dignity of disabled persons through mass media or other means.

Article 4 The state shall take auxiliary methods and support measures to provide special assistance to disabled persons, reduce or eliminate the impact of disabilities and external barriers, and ensure the realization of the rights of disabled persons.

Article 5 People's governments at or above the county level shall incorporate the cause of disabled persons into national economic and social development plans, strengthen leadership, coordinate comprehensively, and include funding for the cause of disabled persons in the financial budget, establishing a stable funding guarantee mechanism. The State Council shall formulate the Outline for the Development of the Cause of Disabled Persons in China, and local people's governments at or above the county level shall formulate development plans and annual plans for the cause of disabled persons in their administrative regions based on the Outline, ensuring that the cause of disabled persons develops in coordination with the economy and society. The agencies responsible for the work of disabled persons at the county level and above shall organize, coordinate, guide, and supervise relevant departments to carry out work related to the cause of disabled persons. People's governments at all levels and relevant departments shall maintain close contact with disabled persons, listen to their opinions, and perform their duties to do a good job for disabled persons.

Article 6 The state shall take measures to ensure that disabled persons manage national affairs, economic and cultural undertakings, and social affairs through various means and forms in accordance with the law. When formulating laws, regulations, rules, and public policies on major issues related to the rights and interests of disabled persons and the cause of disabled persons, the opinions of disabled persons and organizations representing them shall be solicited. Disabled persons and their organizations have the right to submit opinions and suggestions to state organs at all levels regarding the protection of the rights and interests of disabled persons and the development of the cause of disabled persons.

Article 7 The whole society should promote humanitarian spirit, understand, respect, care for, and help disabled persons, and support the cause of disabled persons. The state encourages social organizations and individuals to provide donations and services for disabled persons. State organs, social groups, enterprises, and grassroots mass autonomous organizations in urban and rural areas should do a good job in the work related to disabled persons within their scope. National staff and others engaged in the work for disabled persons should perform their duties according to law and strive to serve disabled persons.

Article 8 The China Disabled Persons' Federation and its local organizations represent the common interests of disabled persons, safeguard their legitimate rights and interests, unite and educate disabled persons, and serve them. The China Disabled Persons' Federation and its local organizations shall carry out work for disabled persons in accordance with laws, regulations, and charters, or as entrusted by the government, mobilizing social forces to develop the cause of disabled persons.
 

Article 9 The guardians of disabled persons must fulfill their obligations to support them. The guardians of disabled persons must perform their guardianship duties, respect the wishes of the person under guardianship, and safeguard their legitimate rights and interests. Relatives and guardians of disabled persons should encourage and help them enhance their self-reliance. Domestic violence against disabled persons is prohibited, as is the abuse or abandonment of disabled persons.

Article 10 The state encourages disabled persons to have self-esteem, self-confidence, self-improvement, and self-reliance, contributing to socialist construction. Disabled persons should abide by laws and regulations, fulfill their obligations, observe public order, and respect social ethics.

Article 11 The state shall systematically carry out disability prevention work, strengthen leadership in disability prevention, promote and popularize knowledge of maternal and child health care and disability prevention, establish and improve mechanisms for the prevention of birth defects and early detection and treatment, and organize and mobilize social forces to take measures to prevent disabilities and reduce the severity of disabilities, targeting genetic factors, diseases, medications, accidents, disasters, environmental pollution, and other causes of disabilities. The state shall establish and improve a statistical survey system for disabled persons and conduct statistical surveys and analyses of the status of disabled persons.

Article 12 The state and society shall provide special protection for disabled veterans, persons who are disabled due to work-related injuries, and others who have become disabled while safeguarding the interests of the country and the people, providing them with pensions and preferential treatment.

Article 13 Each year, the third Sunday of May is designated as National Assistive Day.

Chapter 2 Rehabilitation

Article 14 The state guarantees the right of disabled persons to enjoy rehabilitation services. People's governments at all levels and relevant departments shall take measures to create conditions for the rehabilitation of disabled persons, establish and improve the rehabilitation service system for disabled persons, and implement key rehabilitation projects in phases to help disabled persons restore or compensate for their functions and enhance their ability to participate in social life.

Article 15 Rehabilitation work should be practical, combining modern rehabilitation technology with traditional rehabilitation techniques in China; based on community rehabilitation, with rehabilitation institutions as the backbone, and families of disabled persons as the support; focusing on practical, feasible, and widely beneficial rehabilitation content, prioritizing emergency treatment and rehabilitation for disabled children; developing scientific and technological advancements that meet rehabilitation requirements, encouraging independent innovation, and strengthening research, development, and application of new rehabilitation technologies to provide effective rehabilitation services for disabled persons.

第十五条 康复工作应当从实际出发，将现代康复技术与我国传统康复技术相结合；以社区康复为基础，康复机构为骨干，残疾人家庭为依托；以实用、易行、受益广的康复内容为重点，优先开展残疾儿童抢救性治疗和康复；发展符合康复要求的科学技术，鼓励自主创新，加强康复新技术的研究、开发和应用，为残疾人提供有效的康复服务。

Article 17: People's governments at all levels encourage and support social forces to establish rehabilitation institutions for persons with disabilities. Local governments and relevant departments should organize and guide urban and rural community service organizations, medical prevention and health care institutions, organizations for persons with disabilities, families of persons with disabilities, and other social forces to carry out community rehabilitation work. Educational institutions for persons with disabilities, welfare units, and other institutions serving persons with disabilities should create conditions to carry out rehabilitation training activities. Persons with disabilities should strive to undergo training in function, self-care ability, and labor skills under the guidance of professionals and with the help of relevant staff, volunteers, and relatives.

Article 18: Local governments and relevant departments should plan to establish rehabilitation medicine departments in medical institutions as needed, organize rehabilitation institutions for persons with disabilities, and carry out rehabilitation medical treatment and training, personnel training, technical guidance, scientific research, and other work.

Article 19: Medical schools and other relevant institutions should plan to offer rehabilitation courses, set up related majors, and cultivate various rehabilitation professionals. The government and society should adopt various forms to provide technical training for personnel engaged in rehabilitation work; popularize rehabilitation knowledge and teach rehabilitation methods to persons with disabilities, their relatives, relevant staff, and volunteers.

Article 20: Relevant government departments should organize and support the research, production, supply, and maintenance services of rehabilitation equipment and assistive devices for persons with disabilities.

Chapter 3: Education

Article 21: The state guarantees the right of persons with disabilities to receive education equally. People's governments at all levels should regard education for persons with disabilities as part of the national education undertaking, unify planning, strengthen leadership, and create conditions for persons with disabilities to receive education. The government, society, and schools should take effective measures to solve the practical difficulties faced by disabled children and youth in attending school and help them complete compulsory education. People's governments at all levels should provide free textbooks for disabled students receiving compulsory education and provide subsidies for boarding living expenses; for disabled students receiving education other than compulsory education, subsidies should be provided according to national regulations.

Article 22: Education for persons with disabilities should implement a policy that combines popularization and improvement, with a focus on popularization, ensuring compulsory education, emphasizing the development of vocational education, actively carrying out preschool education, and gradually developing education at the senior secondary level and above.

Article 23: Education for persons with disabilities should be implemented according to the physical and mental characteristics and needs of persons with disabilities, in accordance with the following requirements:

(1) While conducting ideological and cultural education, strengthen physical and mental compensation and vocational education; (2) Based on the type of disability and the ability to learn, adopt either general education methods or special education methods;

(2) The curriculum, teaching materials, teaching methods, age for admission and attendance in special education can have moderate flexibility.

Article 24: People's governments at the county level and above should reasonably set up educational institutions for persons with disabilities based on the number, distribution, and types of disabilities, and encourage social forces to run schools and provide financial assistance.

Article 25: General education institutions should provide education for persons with disabilities who have the ability to receive general education and provide convenience and assistance for their learning. Ordinary primary schools and junior secondary schools must enroll disabled children and youth who can adapt to their learning and living conditions; ordinary senior secondary schools, secondary vocational schools, and higher education institutions must enroll disabled candidates who meet the national admission requirements and cannot refuse admission due to their disabilities; if admission is refused, the person concerned or their relatives or guardians can request relevant departments to handle the matter, and the relevant departments should order the school to enroll them. General preschool education institutions should accept disabled children who can adapt to their living conditions.
 

Article 26: Educational institutions for disabled preschoolers, classes for disabled children attached to general preschool education institutions, preschool classes in special education institutions, welfare institutions for disabled children, and families of disabled children should implement preschool education for disabled children. Special education institutions below junior secondary level and special education classes attached to general education institutions should provide compulsory education for disabled children and youth who do not have the ability to receive general education. Special education institutions at senior secondary level and above, special education classes attached to general education institutions, and vocational education institutions for persons with disabilities should provide cultural education and vocational education at senior secondary level and above for eligible persons with disabilities. Institutions providing special education should have facilities and environments suitable for the learning, rehabilitation, and living characteristics of persons with disabilities.
 

Article 27: Relevant government departments, the units where persons with disabilities work, and relevant social organizations should carry out literacy eradication, vocational training, entrepreneurship training, and other adult education for persons with disabilities, encouraging them to achieve self-education.

Article 28: The state plans to establish various levels and types of special education normal colleges and majors, and set up special education classes in general normal colleges to cultivate and train special education teachers. General normal colleges should offer special education courses or teach relevant content to ensure that general teachers acquire necessary special education knowledge. Special education teachers and sign language interpreters should receive special education allowances.

Article 29: Relevant government departments should organize and support the research and application of Braille and sign language, the compilation and publication of special education teaching materials, and the research, production, and supply of teaching aids and other assistive devices for special education.

Chapter 4 Employment

Article 30: The state guarantees the labor rights of persons with disabilities. People's governments at all levels should plan for the labor employment of persons with disabilities and create conditions for their employment.

Article 31: Employment of persons with disabilities should implement a policy that combines centralized and decentralized approaches, adopting preferential policies and support measures to gradually popularize, stabilize, and rationalize the employment of persons with disabilities through multiple channels, levels, and forms.

Article 32: The government and society should establish welfare enterprises for persons with disabilities, blind massage institutions, and other welfare units to centrally arrange employment for persons with disabilities.

Article 33: The state implements a system of proportionate employment for persons with disabilities. State organs, social organizations, enterprises, public institutions, and non-enterprise units should arrange employment for persons with disabilities according to the specified proportion and select appropriate types of work and positions for them. If the specified proportion is not met, they should fulfill their obligations to ensure employment for persons with disabilities according to national regulations. The state encourages employers to exceed the specified proportion in arranging employment for persons with disabilities. The specific measures for the employment of persons with disabilities shall be prescribed by the State Council.

Article 34: The state encourages and supports persons with disabilities to choose their own employment and start their own businesses.

Article 35: Local governments at all levels and rural grassroots organizations should organize and support rural persons with disabilities to engage in agriculture, animal husbandry, handicrafts, and other forms of productive labor.

Article 36: The state provides tax incentives to employers who arrange employment for persons with disabilities at or above the prescribed ratio or who concentrate on arranging employment for persons with disabilities, as well as to individuals with disabilities engaged in self-employment, and offers support in production, operation, technology, funding, materials, and venues. The state exempts individuals with disabilities engaged in self-employment from administrative and service fees. Local people's governments at or above the county level and their relevant departments should identify products and projects suitable for the production and operation of persons with disabilities, prioritize the production or operation of welfare units for persons with disabilities, and determine that certain products are exclusively produced by these units based on their production characteristics. In government procurement, priority should be given to purchasing products or services from welfare units for persons with disabilities under equal conditions. Local governments at all levels should develop public welfare positions suitable for the employment of persons with disabilities. Relevant departments should prioritize the issuance of business licenses to individuals with disabilities applying for self-employment. Relevant departments should provide assistance to rural persons with disabilities engaged in various forms of production labor in areas such as production services, technical guidance, supply of agricultural materials, purchase and sale of agricultural products, and credit.

Article 37: Public employment service agencies established by relevant government departments should provide free employment services to persons with disabilities. Employment service agencies for persons with disabilities organized by the Disabled Persons' Federation should conduct free vocational guidance, job placement, and vocational training, providing services and assistance for the employment of persons with disabilities and the hiring of persons with disabilities by employers.

Article 38: The state protects the property ownership and operational autonomy of welfare units for persons with disabilities, ensuring their legitimate rights and interests are not infringed. There shall be no discrimination against persons with disabilities in the recruitment, regularization, promotion, title evaluation, labor remuneration, living welfare, rest and leave, and social insurance of employees. Units employing disabled workers should provide appropriate working conditions and labor protection based on the characteristics of disabled workers and make modifications to workplaces, labor equipment, and living facilities as needed. The state takes measures to ensure the legitimate rights and interests of blind health care and medical massage personnel.

Article 40: No unit or individual may force persons with disabilities to work through violence, threats, or illegal restrictions on personal freedom.

Chapter 5 Cultural Life

Article 41: The state guarantees that persons with disabilities have the right to participate equally in cultural life. Governments at all levels and relevant departments encourage and assist persons with disabilities to participate in various cultural, sports, and recreational activities, actively creating conditions to enrich the spiritual and cultural life of persons with disabilities.

Article 42: Cultural, sports, and recreational activities for persons with disabilities should be oriented towards grassroots levels, integrated into social public cultural life, and adapted to the different characteristics and needs of various types of disabilities, allowing for widespread participation by persons with disabilities.

Article 43: The government and society shall take the following measures to enrich the spiritual and cultural life of persons with disabilities:

(1) Timely report and promote the work and life of persons with disabilities through radio, film, television, newspapers, books, and the internet, serving persons with disabilities;

(2) Organize and support the writing and publication of Braille books, audio books for the blind, and other reading materials for persons with disabilities, and establish Braille and audio book reading rooms in public libraries based on the actual needs of the blind;

(3) Launch television sign language programs and special radio programs for persons with disabilities, and promote the addition of subtitles and commentary to television programs and films;

(4) Organize and support persons with disabilities in conducting mass cultural, sports, and recreational activities, hold special artistic performances and sports events for persons with disabilities, and participate in international competitions and exchanges;

(5) Cultural, sports, recreational, and other public activity venues should provide convenience and care for persons with disabilities, and there should be planned establishment of activity venues for persons with disabilities.

Article 44: The government and society encourage and assist persons with disabilities to engage in creative labor in literature, art, education, science, technology, and other areas beneficial to the people.

Article 45: The government and society promote mutual understanding and communication between persons with disabilities and other citizens, publicize the cause of persons with disabilities and the stories of assistance to persons with disabilities, promote the spirit of self-reliance among persons with disabilities, and advocate for a social atmosphere of unity, friendship, and mutual assistance.

Chapter 6 Social Security

Article 46: The state guarantees that persons with disabilities enjoy various social security rights. The government and society take measures to improve social security for persons with disabilities, ensuring and improving their living conditions.

Article 47: Persons with disabilities and their units should participate in social insurance according to national regulations. Grassroots autonomous organizations in urban and rural areas and families of persons with disabilities should encourage and assist persons with disabilities in participating in social insurance. For persons with disabilities who are truly in difficulty, social insurance subsidies should be provided according to national regulations.

Article 48: Governments at all levels should provide living, education, housing, and other social assistance to persons with disabilities who are truly in difficulty through various channels. Local governments at or above the county level should take other measures to ensure the basic living of families of persons with disabilities who still face special difficulties after receiving minimum living security benefits. Governments at all levels should provide assistance for basic medical care, rehabilitation services, and the provision and replacement of necessary assistive devices for impoverished persons with disabilities according to regulations. For persons with disabilities who cannot take care of themselves, local governments at all levels should provide nursing subsidies based on the situation.

Article 49: Local governments at all levels should provide support for persons with disabilities who have no labor capacity, no guardians, or whose guardians are unable to provide support, and have no source of livelihood. The state encourages and supports social forces to establish institutions for the support and care of persons with disabilities. Institutions for the support and care of persons with disabilities and their staff must not insult, abuse, or abandon persons with disabilities.

Article 50: Local governments at or above the county level should provide convenience and discounts for persons with disabilities using public transportation based on actual conditions. Persons with disabilities may carry necessary assistive devices for free. Blind individuals holding valid certificates can ride public buses, trams, subways, and ferries for free. Mail for blind reading materials is sent free of charge. The state encourages and supports telecommunications and broadcasting service providers to offer discounts to blind individuals, those with hearing disabilities, and those with speech disabilities. Governments at all levels should gradually increase other care and assistance for persons with disabilities.

Article 51: Relevant government departments and organizations for persons with disabilities should establish and improve channels for donations and services from all sectors of society for persons with disabilities, encourage and support the development of charitable causes for persons with disabilities, and carry out volunteer assistance activities.

Chapter 7 Barrier-Free Environment

Article 52: The state and society should take measures to gradually improve barrier-free facilities, promote barrier-free information exchange, and create an accessible environment for persons with disabilities to participate equally in social life. Governments at all levels should plan the construction of barrier-free environments in a coordinated manner, comprehensively coordinate, and strengthen supervision and management.

Article 53: The construction and renovation of barrier-free facilities should meet the actual needs of persons with disabilities. New, renovated, and expanded buildings, roads, and transportation facilities should comply with national standards for barrier-free facility construction. Governments at all levels and relevant departments should gradually promote the renovation of existing facilities according to national regulations on barrier-free facility construction, prioritizing the renovation of public service facilities closely related to the daily work and life of persons with disabilities. Barrier-free facilities should be repaired and protected in a timely manner.

Article 54: The state shall take measures to create conditions for barrier-free information communication for persons with disabilities. Governments at all levels and relevant departments shall take measures to facilitate access to public information for persons with disabilities. The state and society shall develop and create information communication technologies and products suitable for use by persons with disabilities. Various entrance examinations, vocational qualification examinations, and employment examinations organized by the state that involve blind participants shall provide Braille test papers, electronic test papers, or assistance from specialized staff.

Article 55: Public service institutions and public places shall create conditions to provide information communication services such as voice and text prompts, sign language, and Braille for persons with disabilities, and provide priority and auxiliary services. Public transportation vehicles shall gradually meet the requirements for barrier-free facilities. Public parking lots with conditions shall set up designated parking spaces for persons with disabilities.

Article 56: Departments organizing elections shall provide convenience for persons with disabilities to participate in elections; where conditions permit, Braille ballots shall be provided for blind voters.

Article 57: The state encourages and supports the research and development of barrier-free assistive devices and barrier-free transportation.

Article 58: Blind persons accompanied by guide dogs in public places shall comply with relevant national regulations. Chapter 8: Legal Responsibilities.

Article 59: If the legal rights and interests of persons with disabilities are infringed, they may file complaints with organizations for persons with disabilities, which shall safeguard their legal rights and interests and have the right to request relevant departments or units to investigate. Relevant departments or units shall investigate according to law and provide a response. Organizations for persons with disabilities shall provide support to those who need help in maintaining their legal rights through litigation. Organizations for persons with disabilities have the right to request relevant departments to investigate behaviors that infringe upon the interests of specific groups of persons with disabilities.

Article 60: If the legal rights and interests of persons with disabilities are infringed, they have the right to request relevant departments to handle the matter according to law, or to apply for arbitration with arbitration institutions, or to file a lawsuit in people's courts. For persons with disabilities who have economic difficulties or other reasons and require legal aid or judicial assistance, local legal aid institutions or people's courts shall provide assistance and legally offer legal aid or judicial assistance.

Article 61: Violating the provisions of this law, if complaints, accusations, or reports regarding the infringement of the rights of persons with disabilities are evaded, delayed, or suppressed without investigation, or if retaliation is taken against those who file complaints, accusations, or reports, the responsible unit, competent department, or higher authority shall order corrections and impose penalties according to law on the directly responsible supervisors and other directly responsible personnel. If state personnel fail to perform their duties according to law, do not promptly stop behaviors that infringe upon the rights of persons with disabilities, or do not provide necessary assistance to the victimized persons with disabilities, resulting in serious consequences, their unit or higher authority shall impose penalties according to law on the directly responsible supervisors and other directly responsible personnel.

Article 62: Violating the provisions of this law, if any educational institution refuses to admit students with disabilities or imposes additional conditions beyond the national admission requirements to restrict their education, the relevant competent department shall order corrections and impose penalties according to law on the directly responsible supervisors and other directly responsible personnel.

Article 63: Violating the provisions of this law, if there is discrimination against persons with disabilities in the recruitment of employees, the relevant competent department shall order corrections; workers with disabilities may file lawsuits in people's courts according to law.

Article 64: Violating the provisions of this law, if care and foster institutions and their staff insult, abuse, or abandon persons with disabilities, penalties shall be imposed according to law on the directly responsible supervisors and other directly responsible personnel; if it constitutes a violation of public security management, administrative penalties shall be imposed according to law.

Article 65: Violating the provisions of this law, if newly constructed, renovated, or expanded buildings, roads, and transportation facilities do not meet the national standards for barrier-free facility construction, or if timely maintenance and protection of barrier-free facilities are not carried out resulting in consequences, the relevant competent department shall handle it according to law.

Article 66: Violating the provisions of this law, if the legal rights and interests of persons with disabilities are infringed, administrative penalties shall be imposed according to other laws and regulations; if property loss or other damages occur, civil liability shall be borne according to law; if a crime is constituted, criminal responsibility shall be pursued according to law.

Chapter 8: Supplementary Provisions.