What is the administrative fine for teachers who insult the honor and dignity of students in Vietnam?

What is the administrative fine for teachers who insult the honor and dignity of students in Vietnam?

Based on Article 28 of Decree 04/2021/ND-CP:

Violations of regulations on disciplining learners; insulting learners' honor and dignity, infringe learners' bodily integrity; violations of policies towards learners

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Disciplining learners not in accordance with the current law;

b) Insulting the honor, dignity, and infringing the bodily integrity of learners but not to the extent of criminal liability.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for violations of policies towards learners.

3. Remedial measures:

a) Mandating the cancellation of the disciplinary decision and restoring the learning rights of the learners for violations stipulated at point a, clause 1 of this Article;

b) Mandating a public apology to the person whose honor and dignity have been insulted or whose bodily integrity has been infringed upon for violations stipulated at point b, clause 1 of this Article, except where the person whose honor and dignity have been insulted or whose bodily integrity has been infringed, or their legal representative if they are minors, requests not to have a public apology.

At point b, clause 3, Article 3 of Decree 04/2021/ND-CP on the amount of fines in the field of education:

Forms of penalties and amount of fines in the field of education

...

3. Amount of fines in the field of education:

...

b) The amount of fines stipulated in Chapter II of this Decree shall 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; and clause 1, Article 29 of this Decree is the amount of fines for administrative violations committed by individuals. For the same administrative violation, the amount of fine for an individual is equal to half the amount of fine imposed on an organization.

...

Thus, a teacher who insults the honor and dignity of a student in cases not reaching the level of criminal liability will be fined from VND 5,000,000 to VND 10,000,000.

Additionally, the teacher violating must publicly apologize to the student for their misconduct, except where the person whose honor and dignity have been insulted or their legal representative, if the student is a minor, requests not to have a public apology.

What is the administrative fine for teachers who insult the honor and dignity of students in Vietnam? (Image from the Internet)

What are the regulations on teachers' behavior and conduct in Vietnam?

* For preschool teachers

Based on clause 1, Article 31 of the Charter for Preschool as promulgated with Circular 52/2020/TT-BGDDT, the behavior and conduct of preschool teachers comply with education sector regulations and law. Teachers are not allowed to:

- Insult the honor, dignity, or intentionally inflict bodily harm on children and colleagues;

- Discriminate against children;

- Distort educational content;

- Skip or arbitrarily shorten the duration of nurturing, care, and education programs for children;

- Engage in personal activities during scheduled nurturing, care, and education activities for children;

- Smoke, drink alcohol, or use other stimulants while participating in nurturing, care, or education activities for children.

* For primary school teachers

Based on clause 1, Article 31 of the Charter for Primary Schools as promulgated with Circular 28/2020/TT-BGDDT, the behavior and conduct of primary school teachers comply with education sector regulations and law, including:

- Not distorting educational content, teaching incorrect contents;

- Not cheating during examinations, assessments, or intentionally misreporting educational outcomes of students;

- Not coercing students to take extra classes for material gain;

- Not skipping lessons, arbitrarily shortening educational content;

- Not insulting the honor, dignity, or inflicting bodily harm on others; not smoking; drinking alcohol; causing disturbances to public order.

* For lower and upper secondary school teachers

Based on Article 31 of the Charter for Lower Secondary Schools, Upper Secondary Schools and Multi-level Schools as promulgated with Circular 32/2020/TT-BGDDT, the behavior and conduct of lower and upper secondary school teachers are as follows:

- Teachers and staff are not allowed to:

+ Insult the honor, dignity, or inflict bodily harm on students and colleagues;

+ Cheat on tests, exams, enrollment; cheat on assessments of students' academic and training results; skip lessons, arbitrarily shorten teaching and educational content;

+ Distort teaching content, teach incorrect knowledge against the views and educational policies of the Communist Party of Vietnam and the State of Vietnam;

+ Coerce students into extra classes for money; exploit sponsorships for education by forcing contributions of money or goods;

+ Smoke, drink alcohol, or use stimulants while participating in teaching and educational activities;

+ Obstruct or cause difficulties in supporting the teaching, educating students, and other tasks.

- Teachers' and staff's language and conduct must ensure propriety, pedagogical tone, and educational impact on students.

- Teachers and staff are not allowed to violate other prohibited activities as stipulated by law.

What are the duties of teachers in Vietnam?

* For preschool teachers

Based on Article 27 of the Charter for Preschools as promulgated with Circular 52/2020/TT-BGDDT, the duties of preschool teachers are as follows:

- Ensure the physical, mental, and life safety of children while they are at school.

- Conduct nurturing, care, and educational activities for children according to the preschool education program.

- Maintain the dignity, honor, and reputation of educators; treat children fairly and respectfully; protect the legitimate rights and interests of children; unite and assist colleagues; act according to teachers' codes of conduct and ethical standards as stipulated.

- Propagate and disseminate scientific knowledge of child-rearing to parents; actively cooperate with families to achieve the educational goals for children.

- Self-study and improve professional competence in nurturing, caring for, and educating children.

- Comply with school regulations and other legal requirements.

* For primary school teachers

Based on clause 1, Article 31 of the Charter for Primary Schools as promulgated with Circular 28/2020/TT-BGDDT, the duties of primary school teachers are as follows:

- Implement the primary education program and school's educational plan. Proactively carry out and be accountable for the educational plan; be responsible for professional duties (content, methodology, evaluation of student learning) and the quality and effectiveness of each student's education in their class, ensuring compliance with the education program and suitability to student characteristics and the school's specific conditions.

- Participate in planning educational activities with the professional group and the school; frequently update industry directives; prepare, organize teaching and student assessments as stipulated; participate in other professional activities.

- Develop friendly, democratic relationships between teachers and students, parents, and the community; help students become proactive, creative, and confident in learning and training.

- Maintain the dignity, honor, and reputation of educators; have cultural conduct, unity, and assist colleagues; be a role model for students; treat students fairly and respectfully; protect the legitimate rights and interests of students.

- Self-assess according to professional standards; self-study and improve teaching competence; regularly engage in professional development as required; share expertise and collaborate with colleagues in and outside the school through professional activities and training.

- Integrate information technology into teaching, learning, and professional activities; be creative and flexible in making teaching aids.

- Participate in selecting textbooks as stipulated; request the school to supply appropriate reference materials and teaching aids for use in teaching.

- Join in quality education assessment.

- Participate in compulsory education, education popularization, and literacy eradication in the local area.

- Cooperate with the Pioneer League, students' families, the community, and relevant social organizations to fulfill educational tasks.

- Manage and organize the educational plan at the school point when assigned by the principal.

- Perform other duties as stipulated by law and assigned by the principal.

(*) Homeroom teachers also have the following tasks:

- Actively gather information about each student in the class assigned as homeroom; design class educational activities with clear objectives, content, and methodology, feasible and appropriate to student characteristics and actual conditions to promote overall class and individual student progress.

- Implement educational activities according to the approved plan.

- Closely coordinate with parents or guardians, teachers, the Pioneer leader, relevant social organizations to organize educational activities and support, monitor students' learning and training; compile comments, evaluate students at the end of the first semester and school year; guide students in voting and propose commendations; list students recommended to repeat a year; complete student report cards.

- Report regularly or irregularly on class situations to the principal.

(**) Head teachers are responsible to the principal for developing and organizing the activities of the Pioneer League and the Ho Chi Minh Young Pioneer Organization, contributing to the comprehensive education of students.

* For lower and upper secondary school teachers

Based on Article 27 of the Charter for Lower Secondary Schools, Upper Secondary Schools, and Multi-level Schools as promulgated with Circular 32/2020/TT-BGDDT, the duties of lower and upper secondary school teachers are as follows:

- Implement tasks organizing teaching and educational activities according to the school's education plan and professional group plans; manage students in school-organized educational activities; participate in professional activities; be responsible for education quality and effectiveness.

- Foster moral standards, uphold responsibility, maintain the dignity, honor, and reputation of educators; be an exemplary model for students; treat students fairly and respectfully; protect students' legitimate rights; unite and assist colleagues.

- Engage in training to improve health, political knowledge, professional skills, innovate teaching methods, education.

- Participate in training, professional development.

- Join in secondary education popularization in the local area.

- Fulfill citizenship duties, law and industry regulations, principal's decisions; perform duties assigned by the principal, subject to evaluation by the principal and education management authorities.

- Cooperate with the Ho Chi Minh Pioneer Youth Organization, the Ho Chi Minh Communist Youth Union, the Vietnam Youth Federation, students' families, and relevant social organizations to organize educational activities.

- Perform other duties as stipulated by law.