Regarding this matter, LawNet would like to answer as follows:
Pursuant to Article 26 of the Law on Education 2019 on type of institutions of preschool education, institutions of preschool education include:
[1] Junior kindergarten centers and classes for children aged 03 – 36 months;
[2] Senior kindergartens and independent senior kindergarten classes for children aged 03 – 06 years;
[3] Combined kindergartens and independent preschool classes for children aged 03 months – 06 years.
Pursuant to Article 2a of Circular 01/2021/TT-BGDDT supplemented by Clause 1, Article 1 of Circular 08/2023/TT-BGDDT, regulations on professional ethical standards of preschool teachers are as follows:
Professional Ethics Standards
1. Comply with the Party's guidelines, state laws, regulations of the central authorities, and local regulations on preschool education.
2. Continuously enhance professional ethics, uphold the spirit of responsibility, maintain the integrity, honor, and reputation of educators; set a role model for children.
3. Love the profession, love children; know how to manage emotions; treat children fairly and with respect; protect the rights and legitimate interests of children; unite and support colleagues.
4. Strictly adhere to the regulations on responsibilities and general obligations of officials, as well as the ethical standards for teachers set by the Ministry of Education and Training.
Thus, currently, preschool teachers must meet the following professional ethical standards:
- Comply with the Party's guidelines, state laws, regulations of the central authorities, and local regulations on preschool education.
- Continuously enhance professional ethics, uphold the spirit of responsibility, maintain the integrity, honor, and reputation of educators; set a role model for children.
- Love your job, love children;
- Know how to manage emotions, treat children fairly and respectfully, and protect children's legitimate rights and interests;
- Unite and support colleagues.
- Strictly adhere to the regulations on responsibilities and general obligations of officials, as well as the ethical standards for teachers
Pursuant to Article 28 of Decree 04/2021/ND-CP regulating penalties for administrative violations of preschool teachers as follows
Violations against regulations on learner discipline; harming honor or dignity or bodily harming learners; violations against policies for learners
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:
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b) Harming honor or dignity or bodily harming learners, if not liable to criminal prosecution.
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3. Remedial measures:
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b) The entity committing the violation in Point b Clause 1 of this Article is compelled to issue public apology to learners whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected learners or their lawful representatives.
In addition, based on Point b, Clause 3, Article 3 of Decree 04/2021/ND-CP, regulations on fines are as follows:
Penalties and fines
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3. Fines:
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b) The fines prescribed in Chapter II of this Decree shall be imposed upon violating organizations, except the fines prescribed 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 which shall be imposed upon violating individuals. The fine imposed upon an individual is half of that imposed upon an organization for committing the same administrative violation.
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Thus, acts of preschool teachers beating children are considered violation of harming honor or dignity or bodily harming learners and will therefore be subject to administrative sanctions of a fine ranging from VND 2,500,000 VND to VND 5,000,000.
In addition, preschool teachers who beat children are also compelled to issue public apology to the children whose honor or dignity is harmed unless otherwise demanded by affected learners or their lawful representatives
Best regards!
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