Are persons with disabilities given priority in enrolment of high schools in Vietnam?

Are persons with disabilities given priority in enrolment of high schools in Vietnam?

In Article 27 of the Law on People with Disabilities 2010, education for persons with disabilities is as follows:

The State shall create conditions for persons with disabilities to study in conformity with their own needs and capabilities.

Persons with disabilities may be admitted to school at ages higher than the ages prescribed for general education; are given priority in enrolment; are entitled to exemption from or reduction of certain study subjects or educational contents and activities beyond their personal capabilities and to exemption from or reduction of school fees, training expenses and other contributions: and are considered for provision of scholarships and learning equipment.

Persons with disabilities shall be provided with equipment and materials in support of their exclusive learning in case of necessity; persons with sensory disabilities may have their learning in sign language, persons with visual disabilities may have their learning in Braille under the national standards.

The Minister of Education and Training shall assume the prime responsibility for, and coordinate with the Minister of Labor, War Invalids and Social Affairs and the Minister of Finance in, detailing Clause 2 of this Article.

According to Article 2 of Joint Circular 42/2013/TTLT-BGDĐT-BLDTBXH-BTC, admission and enrollment priority as follows:

1. Admission priority

Any disabled people who are 3 years older than regulated age for admission shall be eligible for admission.

2. Enrollment priority

a) Lower secondary schools and upper secondary schools

Disabled people are eligible for direct admission into upper secondary schools similarly to upper-secondary ethnic boarding school students and ethnic minority students as prescribed in Regulations of enrollment in lower secondary schools and upper secondary schools issued by the Ministry of Education and Training;

b) Professional secondary schools

Disabled people are eligible for direct admission into professional secondary schools as prescribed in Regulations of enrollment in professional secondary schools issued by the Ministry of Education and Training. Headmasters of professional secondary schools or schools providing professional secondary education according to the learning outcomes in general education of the student (transcripts), health and requirements of disciplines pertaining to direct admission into schools.

c) Universities and colleges

Profoundly disabled people shall be eligible for direct admission into universities or colleges. According to learning outcomes in general education (transcripts) and health of the profoundly disabled students and requirements of disciplines, headmasters of universities or colleges shall consider deciding direct admission.

Severely disabled people shall benefit from priority policies for entities when they register for admission into universities or colleges as prescribed in Regulations of enrollment in full-time universities or colleges issued by the Ministry of Education and Training.

Thus, according to the above regulations in Vietnam, people with disabilities will be given priority in enrollment, and people with disabilities are entitled to the regime of direct admission to high schools. Your daughter will be given priority admission to high school. If the school refuses to enroll, the school will be penalized.

How much is fine for failing to prioritize enrolment of high schools for persons with disabilities in Vietnam? 

Pursuant to Article 13 of Decree 130/2021/ND-CP stipulating violation of regulations on responsibilities of education institutions for educating persons with disabilities as follows:

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed when:

a) Failing to guarantee learning and teaching conditions suitable with persons with disabilities as per the law;

b) Failing to provide learning aid dedicated for persons with disabilities as per the law;

c) Failing to exempt persons with disabilities from certain subjects or contents or activities which the persons with disabilities cannot satisfy;

d) Refusing enrolment of persons with disabilities at an older age than the age stipulated by the law;

dd) Issuing enrolment requirements in a way that excludes persons with disabilities, unless otherwise allowed by the law;

e) Failing to prioritize enrolment of persons with disabilities as per the law;

g) Obstructing the right to study of persons with disabilities.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed when:

a) Failing to reduce or exempt tuition, training costs, and other contributions as per education laws;

b) Failing to renovate or upgrade teaching, learning facilities in order to guarantee accessibility for persons with disabilities when renovating and repairing education institutions.

According to Clause 2, Article 5 of Decree 130/2021/ND-CP stipulating fine levels:

2. The fine for every administrative violation under Chapter II hereof shall be applicable to an individual offender, except for regulations under Articles 8, 9, 12, 13, 14, Clause 1 Article 16, Article 33, and Clause 2 Article 36 hereof. The fine applicable to an organization offender shall equal double the fine applicable to an individual offender.

Therefore, if the high school you enroll your child in does not give priority to directly recruiting people with disabilities, it will be fined from VND 5,000,000 to VND 10,000,000 in Vietnam.

Best Regards!