Under what circumstances are teachers allowed to open extra classes in Vietnam?

Under what circumstances are teachers allowed to open extra classes in Vietnam?

1. What exactly are extra classes?

According to Article 2 of Vietnam's Circular 17/2012/TT-BGDT, the definition of extra classes is as follows:

Extra classes means additional classes that are provided for learners with fees, of which contents base on compulsory education programs but not included in the education plan of compulsory education issued by the Ministry of Education and Training.

Internal extra classes means extra classes held by a public educational institution (including: compulsory education institutions; vocational training centers; continuing education centers; community learning centers; foreign language and IT centers, hereinafter referred to as institutions).

External extra classes means extra classes not held by the institutions.

2. Principles for extra classes in Vietnam

Article 3 of Circular 17/2012/TT-BGDDT stipulates the principles of extra classes in Vietnam as follows:

- Extra classes must help to broaden knowledge, skills and character education of students, be suitable for psychological and physical characteristics and not beyond the acquisition of learners

- It is not allowed to reduce the curricular contents of compulsory education program and add them to extra classes; and provide the curricular contents in the extra classes in advance.

- Students taking extra classes are students who intend to attend extra classes with the consent of their families; it is not allowed to compel students or students’ families to attend extra classes.

- It is not allowed to provide extra classes according to the curricular classes; students in the same extra class shall have the same learning capacity; the students are admitted to the extra classes according to their learning capacity.

- Extra class providers shall be responsible for their registration and application for the license.

3. Under what circumstances are teachers allowed to open extra classes in Vietnam?

3.1. Rights of public employees to do business and work outside prescribed hours in Vietnam

Article 14 of the Law on Public Employees (2010), stipulates the rights of public employees to do business and work outside prescribed hours in Vietnam as follows:

-To carry out professional activities after working hours stated in working contracts, unless otherwise provided for by law.

- To sign with agencies, organizations and units other than their employing public non-business units piecework contracts which are not banned by law, provided that they accomplish their assigned tasks and obtain consent of the heads of their public non-business units.

- To contribute capital to but be disallowed to participate in managing and administering limited liability companies, joint-stock companies, partnerships, cooperatives, and private hospitals, schools or scientific research institutions, unless otherwise provided for by law.

3.2. Cases banned from openning extra classes in Vietnam

According to Article 4 of Circular 17/2012/TT-BGDT, which regulates cases banned from openning extra classes in Vietnam

- Extra classes shall not be provided for students who have attended curricular classes for 2 sessions per day.

- Extra classes shall not be provided for elementary students, except for extra-curricular activities: arts, sports, or life skills.

- Higher education institutions, colleges, junior colleges and vocational schools are banned from hold extra classes with compulsory education contents.

- A teacher receiving salaries from wage-fund of public service agencies is banned from:

+ Holding external extra classes unless he/she conducts external extra classes;

+ Conducting external extra classes for students who are in his/her curricular classes without the permit of the Head of his/her superior agency.

Thus, teachers will be provided with extra lessons if they are not in cases where they are not allowed to teach as prescribed.

Quoc Dat

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