In 2023, are all teachers in Vietnam banned from holding extra classes during summer vacation?
What is the concept of extra classes in Vietnam?
Pursuant to Article 2 of the Regulations on extra classes promulgated together with Circular 17/2012/TT-BGDĐT as follows:
- For the purposes of this Regulation, extra classes mean additional classes that are provided for learners with fees, of which contents are based on compulsory education programs but not included in the education plan of compulsory education issued by the Ministry of Education and Training.
- Internal extra classes mean extra classes held by a public educational institution (including compulsory education and training institutions; vocational training centers; continuing education centers; community learning centers; foreign language and IT centers, hereinafter referred to as institutions).
- External extra classes mean extra classes not held by the following education and training institutions
- Compulsory education and training institutions;
- Vocational training centers;
- Continuing education centers;
- Community learning centers;
- Foreign language and IT centers
In what cases are teachers in Vietnam not allowed to hold extra classes in Vietnam?
Pursuant to Article 4 of the Regulations on extra classes promulgated together with Circular 17/2012/TT-BGDĐT on cases in which tutoring is not allowed
- Extra classes shall not be provided for students who have attended curricular classes for 2 sessions per day.
- Extra classes shall not be provided for elementary students, except for extra-curricular activities: arts, sports, or life skills.
- Higher education and training institutions, colleges, junior colleges, and vocational schools are banned from holding extra classes with compulsory education content.
- A teacher receiving salaries from wage-fund of public service agencies is banned from:
+ Holding external extra classes unless he/she conducts external extra classes;
+ Conducting external extra classes for students who are in his/her curricular classes without the permission of the Head of his/her superior agency.
Thus, a teacher receiving salaries from wage-fund of public service agencies is banned from:
+ Holding external extra classes unless he/she conducts external extra classes;
+ Conducting external extra classes for students who are in his/her curricular classes without the permission of the Head of his/her superior agency.
In 2023, are all teachers in Vietnam banned from holding extra classes?
In fact, the Ministry of Education and Training issued Decision 2499/QD-BGDĐT dated August 26, 2019 on the announcement of the expiration of Articles 6, 8, 9, 10, 11, 12, 13, and 14 of the Regulations promulgated together with Circular 17/2012/TT-BGDĐT promulgating Regulations on extra classes. This Decision is considered as a document on banning from extra classes.
- Therefore, extra classes will not be licensed to operate as prescribed in Articles 6, 8, 9, 10, 11, 12, 13, and 14 of the Regulations promulgated together with Circular 17/2012/TT-BGDĐT, including:
+ Holding external extra classes (Article 6)
+ Requirements pertaining to teachers and extra class providers (Article 8, Article 9)
+ Regulations on facilities (Article 10)
+ Regulations on application and procedures for granting licenses for holding extra classes (Chapter III).
+ Illegal extra classes are strictly banned nationwide
- The time of application is from July 1, 2016.
Accordingly, currently, there are no organizations or individuals allowed to hold external extra classes, However, external extra classes still are held contrary to regulations, and this act is considered a violation of the law.
What are the penalties imposed on entities committing violations against the regulations on extra classes in Vietnam?
Previously, according to Article 7 of Decree 138/2013/ND-CP in 2013 on the handling of violations against the regulations on extra classes as follows:
With regard to the violations against the regulations on extra classes:
- Fines from VND 1,000,000 to VND 2,000,000 shall be imposed for teaching with facilities unconformable with the regulations;
- Fines of from VND 2,000,000 to VND 4,000,000 shall be imposed for teaching subjects unconformable with the regulations;
- Fines from VND 4,000,000 to VND 6,000,000 shall be imposed for teaching the contents unconformable with the regulations;
- Fines from VND 6,000,000 to VND 12,000,000 shall be imposed for extra classes without permission.
Additional penalties:
- The right to the enjoyment of tutorial permission shall be suspended for 6 to 12 months (applied to the violations prescribed in Points b and c Clause 1 of Article 7 of Decree 138/2013/ND-CP);
- The tutorial shall be suspended for 12 to 24 months (applied to the violations prescribed in Point d Clause 1 of Article 7 of Decree 138/2013/ND-CP).
Remedial measures:
- The facility conditions shall be fulfilled (applied to the violations prescribed in Point a Clause 1 of Article 7 of Decree 138/2013/ND-CP);
- Violators shall refund the money to learners and bear the expense for the refund (applied to the violations prescribed in points b, c and d Clause 1 of Article 7 of Decree 138/2013/ND-CP).
However, the above provision has expired as of March 10, 2021.
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