Vietnam: Under what circumstances will students be forced out of school? Will students with poor credit performance be forced out of school?
Is forced dismissal a form of student discipline in Vietnam?
In Article 9 of the Regulations on student work for formal university training programs promulgated under Circular 10/2016/TT-BGDDT, students who commit violations, depending on the nature, extent and consequences of violations, may be reminded, criticized or subject to one of the following disciplinary measures:
-Reprimand:
Applicable to students with first-time but mild violations;
-Warn:
Applicable to students who have been reprimanded but repeat offenders or minor violations but violations are frequent or new violations for the first time but relatively serious;
- Time-bound suspension:
Applies to students who are under warning and still violate discipline or serious violations of student conduct; Students who violate the law are punished with imprisonment but given suspended sentences.
Depending on each specific case, the head of a higher education institution shall, based on the training regulations, decide on the duration of academic suspension according to the following levels:
+ One-semester suspension;
+ One-year suspension or suspension according to the time the student is sentenced to imprisonment but given a suspended sentence.
- Forced Out:
Applicable to students who are on academic suspension but continue to violate discipline or first-time violations but have a particularly serious nature and seriousness, adversely affecting higher education institutions and society; violation of the law is punishable by imprisonment.
Note:
- The disciplinary action of a student with a warning or higher must be kept on the student management record and notified to the student's family.
In case a student is disciplined for a period of academic suspension or forced to drop out of school, the higher education institution must send a notice to the locality and the student's family to coordinate management and education.
Accordingly, forced dismissal is one of the forms of disciplinary action against students.
Vietnam: Under what circumstances will students be forced out of school? Will students with poor credit performance be forced out of school?
Will students with poor credit performance be forced out of school in Vietnam?
According to the provisions of Article 9 of the Regulation issued together with Circular 10/2016 / TT-BGDDT, if students have weak academic results, they may be reprimanded by the school.
After being reprimanded, during the warning period, if students do not improve their academic performance, they will be warned.
As for the disciplinary suspension of one semester, the school only applies to students who are under warning and still violate discipline or seriously violate the behaviors students are not allowed to do; Students who violate the law are punished with imprisonment but given suspended sentences.
Therefore, if the school's rules do not stipulate that students with poor academic performance will be disciplined by suspending one semester, this disciplinary action cannot be applied to students.
Besides, the image of forced dismissal is similar.
Therefore, students will only be forced to drop out of school when they have poor academic results if the rules and regulations of the school have specific regulations. In the absence of rules, it is impossible to force students out of school.
How is the termination of disciplinary action against students regulated in Vietnam?
Pursuant to Article 11 of the Regulation promulgated together with Circular 10/2016/TT-BGDDT stipulating the termination of the validity of disciplinary decisions against students as follows:
- For students who are reprimanded by discipline: after 03 months from the date of the disciplinary decision, if the student does not re-offend or does not commit violations to the extent of disciplinary action, he/she is automatically entitled to terminate the validity of the disciplinary decision and enjoy the student's rights from the date the disciplinary decision ceases to be effective.
- For students subject to disciplinary warning: after 06 months from the date of the disciplinary decision, if the student does not re-offend or does not commit violations to the extent of disciplinary action, he/she is automatically entitled to terminate the validity of the disciplinary decision and enjoy the student's rights from the date the disciplinary decision ceases to be effective.
- In case of time-limited suspension: upon the expiration of the suspension period, students must present a certificate from the locality (commune, ward, town) of residence on the good observance of local civic obligations; certificate of the competent authority that the prison sentence has been completed but granted a suspended sentence for consideration and admission to the higher education institution if eligible.
- The competent authority to decide on discipline must have a Clause stating the time the student is disciplined, counting from the time of issuing the disciplinary decision to the time of expiration of the disciplinary period as prescribed.
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