Are teachers in Vietnam permitted to hit students? What are the fines for teachers in Vietnam for hitting students?
Are teachers in Vietnam permitted to hit students?
Based on Clause 1, Article 6 of Circular 06/2019/TT-BGDDT, the regulations on teachers’ conduct are as follows:
Teachers' Conduct
- Interaction with students: Use standard and easy-to-understand language, praise or critique appropriately based on the subject and context; be exemplary, tolerant, responsible, and loving; respect differences, treat fairly, counsel, listen and encourage learners; actively prevent school violence, and build a safe, healthy, and friendly educational environment. Do not insult, cause harm, act for personal gain; do not suppress, hold prejudices, act violently, or infringe; do not be indifferent, evade, or cover up violations by students.
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Therefore, hitting students violates the teachers' code of conduct. Consequently, according to regulations, teachers are not allowed to hit students.
What are the fines for teachers in Vietnam for hitting students?
Based on Clauses 2 and 3, Article 3 of Decree 04/2021/ND-CP:
Forms of Sanctions and Levels of Fines in the Field of Education
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- Additional sanctions:
a) Confiscation of materials and means used for administrative violations;
b) Expulsion;
c) Temporary suspension of activities.
- Fines in the field of education:
a) The maximum fine in the field of education for individuals is VND 75,000,000, and for organizations is VND 150,000,000.
b) The fines stipulated in Chapter 2 of this Decree apply to the administrative violations of organizations, except as provided in Clause 5 Article 9, Clause 2 Article 11, Clause 1 and Sub-clauses a, b, c, d, e Clause 3 Article 14, Sub-clause b Clause 3 Article 21, Clause 1 Article 23, Clause 1 Article 29 of this Decree, which are fines for the administrative violations of individuals. For the same administrative violation, the fine for individuals is half of that for organizations.
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Thus, teachers who hit students face administrative fines ranging from VND 5,000,000 to VND 10,000,000.
In addition to administrative penalties, teachers are also required to publicly apologize to the student they hit, unless the victim or their legal representative requests otherwise.
Are teachers in Vietnam permitted to hit students? What are the fines for teachers in Vietnam for hitting students? (Image from Internet)
Will teachers in Vietnam be criminally prosecuted for hitting students?
According to Article 134 of the Criminal Code 2015 (amended by Clause 22, Article 1 of the Law Amending the Criminal Code 2017), teachers who hit students may be criminally prosecuted for intentional infliction of bodily harm.
The lowest penalty for Intentional Infliction of Bodily Harm is community sentence for up to 3 years or imprisonment from 6 months to 3 years.
The aggravated penalties for this crime are stipulated as follows:
- Imprisonment from 2 - 6 years when the crime falls under one of the following cases: Inflicting injury or causing harm to another's health with a body impairment rate ranging from 31% to 60%; or inflicting injury or causing harm to the health of two or more individuals, each with a body impairment rate from 11% to 30%...
- Imprisonment from 5 - 10 years for crimes involving: Inflicting injury (excluding cases that deform the facial area) or causing harm to another's health with a body impairment rate of 61% or more; or injuring or harming the health of two or more individuals, each with a body impairment rate from 31% to 60%...
- Imprisonment from 7 - 14 years for crimes involving: Causing death; inflicting injury that deforms the facial area with a body impairment rate of 61% or more...
- The most severe penalty is imprisonment from 12 - 20 years or life imprisonment when causing the death of two or more people...
