What are the fines for lower secondary school teachers in Vietnam who physically harm students?

What are the fines for lower secondary school teachers in Vietnam who physically harm students?

Pursuant to Article 28 of Decree 04/2021/ND-CP:

Violations of regulations on disciplining students; insulting their honor and dignity, infringing on their bodies; violations of policies concerning students:

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:

a) Disciplining students not in compliance with current law;

b) Insulting the honor and dignity, infringing on the body of a student, but not to the level of criminal responsibility.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for violations of policies concerning students.

3. Remedial measures:

a) Compelling annulment of disciplinary decisions and restoration of the educational rights of students for violations stipulated at point a, clause 1 of this Article;

b) Compelling a public apology to the insulted student for violations stipulated at point b, clause 1 of this Article, except where the insulted student or their legal representative (in the case of minors) does not require a public apology.

Additionally, point b, clause 3, Article 3 of Decree 04/2021/ND-CP specifies the monetary fines in the field of education as follows:

Forms and levels of fines in the field of education:

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3. Levels of fines in the field of education:

...

b) The fine levels stipulated in Chapter II of this Decree apply to administrative violations committed by organizations, except as stipulated in clause 5, Article 9, clause 2, Article 11, clause 1, and points a, b, c, d, e, clause 3, Article 14, point b, clause 3, Article 21, clause 1, Article 23, clause 1, Article 29 of this Decree where the fine levels apply to administrative violations committed by individuals. For the same administrative violation, the fine imposed on an individual is one-half of that imposed on an organization.

...

Therefore, a lower secondary school teacher who physically assaults a student but not to the level of criminal responsibility will be fined from VND 2,500,000 to VND 5,000,000.

Furthermore, the violating teacher is required to publicly apologize to the insulted student, except if the student or their legal representative (in the case of minors) requests no public apology.

What are the fines for lower secondary school teachers in Vietnam who physically harm students?​ (Image from the Internet)

What are rights of lower secondary school teachers in Vietnam?

Pursuant to Article 29 of the Regulations on lower secondary schools, upper secondary schools, and schools with multiple educational levels issued with Circular 32/2020/TT-BGDDT, lower secondary school teachers have the following rights:

- To autonomously perform their professional duties with the assignment and support of professional groups and the school.

- To receive salary, allowances, incentive policies (if any) according to regulations; to change professional titles; and to receive spiritual and material benefits as prescribed.

- To receive opportunities for political, professional, and skill development and to receive full salary, allowances, and other policies during study or training sessions authorized by competent authorities.

- To contract for guest lecturing, scientific research at other educational or research institutions, provided they fulfill their duties where they work and have the written consent of the principal.

- To have their honor, dignity, and body protected and respected.

- To have summer holidays and other leaves as regulated by law.

- Other rights as prescribed by law.

* Teachers performing the role of homeroom teacher have additional rights as follows:

- To attend classes and other educational activities of students in their homeroom class.

- To attend meetings of the reward council and the disciplinary council when resolving issues related to their students.

- To attend training sessions and specialized conferences on homeroom teacher duties.

- To permit individual students with valid reasons to be absent for up to 3 consecutive days.

- To have their teaching workload reduced as per regulations.

What are lower secondary school teachers in Vietnam prohibited from doing?

According to clause 1, Article 31 of the Regulations on lower secondary schools, upper secondary schools, and schools with multiple educational levels issued with Circular 32/2020/TT-BGDDT, lower secondary school teachers are prohibited from doing the following:

- Insulting the honor and dignity; infringing on the body of students and colleagues.

- Cheating in exams, assessments, and admissions; cheating in assessing students' academic performance and conduct; neglecting classes, skipping teaching sessions, or arbitrarily cutting the content of lessons and educational programs.

- Distorting educational content; teaching incorrect knowledge and deviant from the educational views and policies of the Communist Party of Vietnam and the State of Vietnam.

- Forcing students to attend extra classes for money; exploiting sponsorships for education to coerce monetary or material contributions.

- Smoking, drinking alcohol, and using other stimulants during teaching and educational activities.

- Obstructing and causing difficulties for educational support, teaching activities, and other school-related duties.