Vietnam: What are the violations of students subject to one-year expulsion from school?

What are the violations of students subject to one-year expulsion from school in Vietnam?

Under Subsection 5, Section 3 of Circular 08/TT of 1988, students committing any of the following violations will be proposed for one-year expulsion from school by the school's Disciplinary Council, as decided by the Principal. This decision will be recorded in the student's academic record and communicated to the family, while the family, Ho Chi Minh Communist Youth Union, Ho Chi Minh Young Pioneer Organization, and local authorities will continue to educate the student:

- Committing a repeated violation after previously being expelled for one week by the Principal through the Disciplinary Council without correction, or committing additional violations.

- Committing a severe first-time violation with premeditated intent (not under coercion or complicity), causing significant and dangerous harm to societal property or human life such as:

+ Participating in theft, extortion, debauchery, reactionary organizations, etc., using weapons (daggers, bayonets, pistols, grenades, etc.) to engage in organized fights causing injuries, and being arrested by the police for off-campus issues.

+ Committing other violations with equivalent severity and damage.

Note:

- After enforcing the one-year expulsion, the school must compile a complete dossier and report immediately to the next higher education administration (District Education Department for secondary students, Department of Education for high school students) for awareness and monitoring.

- Students expelled for one year, if they meet age requirements and wish to return, must apply to their former school for re-admission and obtain confirmation from local authorities (ward, commune, district-level town, commune-level town, etc.) of their progress, along with a commitment from their family to educate them.

What are the violations of students subject to one-year expulsion from school in Vietnam? (Image from the Internet)

What are the principles for taking disciplinary action against students in Vietnam?

Under Subsection 2, Section 1 of Circular 08/TT of 1988 on the discipline of students, the following principles must be followed:

- Being accurate, objective, impartial, unprejudiced, not narrow-minded and unsystematic.

- Being democratic, equal and sensible toward students

- Taking education as primary and at the same time strictly keeping discipline. Bringing into play strong points, cultivating positive factors taken as foundations for overcoming shortcomings and negative expressions.

- Taking appropriate measures punctually.

- Creating in schools and in society proper public opinions, being in favor of goods and against wrongs.

- Having a plan to monitor progress and correction made by mischievous students.

- Commendation should be accompanied with proper rewarding.

From the date of receiving the disciplinary decision, what is the time limit for students to make a complaint against the decision on one-year expulsion from school in Vietnam?

Under Subsection B, Section 4 of Circular 08/TT of 1988 regarding the Commendation and disciplinary actions:

IV. Commendation and disciplinary actions

...

B. Documentation of disciplinary actions (Forms of disciplinary actions from reprimands before the student disciplinary panel and over)

...

4. Claimant’s rights of students and parents

Students and parents are entitled to claim their own disciplines from the form of warning before school and over within a period of one week since notice of discipline is released.

...

b) If form of one-year expulsion is given, complaints can be lodged with the school or educational management agency (Division of Education and Training with respect to primary and lower secondary level; the Department of Education and Training with respect to upper secondary level) The headmaster shall review the case and reply immediately to the person concerned within a period of three days since the complaint is received. Upon finding any mistake arising from discussion for disciplinary action, the headmaster shall convene the student disciplinary panel immediately for discussion and consideration of the case as appropriate within a period of one week since the complaint is received.

Upon receipt of the complaint lodged by students and parents, the Division, Department of Education and Training shall review the case and reply immediately to the person concerned within a period of fifteen days at the latest since the complaint is received.

Thus, students have the right to make a complaint against the decision on one-year expulsion from school within one week from the date of receiving the disciplinary decision.

Students can file a complaint with the school or the higher education authority; the Principal must review the case and respond to the complainant within 3 days of the receipt of the complaint.

If errors are found in the disciplinary process, the Principal must immediately convene the school's Disciplinary Council to reconsider the disciplinary case within 1 week of the receipt of the complaint.

Alternatively, if a complaint is sent to the Division, Department of Education and Training, they shall review the case and reply immediately to the person concerned within a period of fifteen days at the latest since the complaint is received.