Vietnam: Is the child entitled to tuition exemption if the father has committed a crime and the conviction has not been expunged?

Vietnam: Is the child entitled to tuition exemption if the father has committed a crime and the conviction has not been expunged?

Pursuant to Article 15 of Decree 81/2021/ND-CP, the criteria for tuition fee exemption are outlined as follows:

Subjects exempt from tuition fees

1. Individuals under regulations of the Ordinance on Preferential Treatment for Revolutionary Contributors, if studying at educational institutions within the national education system.

2. Children in kindergarten and students with disabilities.

3. Children in kindergarten and students under 16 years old without guardians, and people aged 16 to 22 studying at general, first-degree higher education who are eligible for monthly social support as prescribed in Clause 1 and Clause 2, Article 5 of Decree No. 20/2021/ND-CP dated March 15, 2021 by the Government of Vietnam on social support policies for social welfare beneficiaries. Students at intermediate and college levels who are orphans without any guardian under the Vocational Education Law.

4. Kindergarten children and students in general education and learners at continuous education institutions following general education programs whose parents or grandparents (if they live with grandparents) belong to households classified as poor according to the Prime Minister's regulations.

5. Kindergarten children aged 5 in particularly difficult villages/hamlets, communes in region III ethnic and mountainous areas, particularly difficult communes in coastal and island areas as prescribed by competent authorities.

6. Five-year-old kindergarten children not specified in Clause 5 of this Article are exempt from tuition fees starting the academic year 2024 - 2025 (effective from September 1, 2024).

7. Kindergarten and general education students, learners at continuous education institutions following general education programs who are biological or legally adopted children of non-commissioned officers, enlisted soldiers as prescribed in Clause 2, Article 6 of Decree No. 27/2016/ND-CP dated April 6, 2016 of the Government of Vietnam on certain policies for non-commissioned officers, enlisted soldiers in active service, demobilization, and their family members.

8. Secondary school students in particularly difficult villages/hamlets, communes in region III ethnic and mountainous areas, particularly difficult communes in coastal and island areas as prescribed by competent authorities are exempt from tuition fees starting the academic year 2022 - 2023 (effective from September 1, 2022).

9. Secondary school students not specified in Clause 8 of this Article will be exempt from tuition fees starting the academic year 2025 - 2026 (effective from September 1, 2025).

10. Pre-admission students, including boarding students in vocational training with training period from 3 months or more, as per Government regulations on enrollment policies into higher education and vocational education institutions within the national education system.

11. Students of boarding ethnic schools, pre-university, and pre-university departments.

Thus, the regulations concerning cases eligible for tuition exemption do not feature scenarios where a child's father has been convicted and not had his criminal record expunged. Therefore, if the child or student falls under any of the specified categories, they are still eligible for exemption as per the regulations.

Vietnam: Is the child entitled to tuition exemption if the father has committed a crime and the conviction has not been expunged?​ (Image from the Internet)

Will the child of commune-level officials in Vietnam receive a 50% tuition fee reduction according to regulations?

Pursuant to Article 16 of Decree 81/2021/ND-CP:

Subjects eligible for tuition fee reduction and tuition fee support

....

2. Subjects eligible for a 50% tuition fee reduction include:

a) Kindergarten children and students who are children of officials and public employees, workers whose parents suffered from occupational accidents or diseases and are entitled to regular allowances;

b) Kindergarten and general education students, learners at continuous education institutions following general education programs whose parents or both parents or grandparents (if living with grandparents) belong to near-poor households as per the Prime Minister's regulations.

3. Subjects receiving tuition fee support include: Primary school students in private educational institutions in areas lacking public schools are supported by the State for tuition fees.

According to these regulations, kindergarten children and students who are children of officials and public employees, workers whose parents suffered from occupational accidents or diseases and are entitled to regular allowances may qualify.

Hence, a reduction in tuition fees is not automatic but depends on circumstances like parental occupational injury or disease qualifying for regular allowances.

What are regulations on the responsibility for tuition fee exemptions, reductions, and reimbursements for students at public education institutions in Vietnam?

Pursuant to Clause 2, Article 20 of Decree 81/2021/ND-CP:

Mechanism for tuition fee exemption, reduction, and study cost support

1. Tuition fee exemptions or reductions are provided throughout the school term, unless there are changes in the reasons for exemptions or reductions.

2. The state budget is responsible for reimbursing tuition fee exemptions and reductions for students at public education institutions. To be specific:

a) The state reimburses tuition fee exemptions and reductions to public preschool, general education, and continuous education institutions to apply such exemptions and reductions for qualifying students as specified in this Decree, according to tuition levels set by the provincial People's Council for public education institutions that have not guaranteed regular expenditure corresponding to each region and each educational level;

b) The state reimburses tuition fee exemptions and reductions to public vocational and higher education institutions to implement policies for tuition exemptions and reductions for qualifying students according to tuition ceilings specified in point a, clause 1, and point a, clause 2 of Article 10; point a, clause 1, and point a, clause 2 of Article 11 of this Decree.

The remaining tuition shall be the difference between the tuition ceiling and state support, with students responsible for covering the difference between the actual tuition charged by the educational institution and the amount supported by the state.