Recently, Thu Ky Luat has received numerous opinions from our valued customers and members regarding teachers being defamed by students and parents during the teaching process, affecting their work and teaching. So in this case, what regulations does the law provide to protect the rights of the teachers? Thu Ky Luat would like to address this concern as follows:
EXPECTED SALARY TABLE FOR TEACHERS OF ALL LEVELS IN 2020
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According to current legal regulations, when false, fabricated information negatively affects teachers' lives, they have the right to request the court to dismiss the information, demand the informer to apologize, correct the information, and compensate for damages. Specifically, Article 34 of the Civil Code 2015 stipulates:
Article 34. Right to protection of honor, dignity, reputation
1. The honor, dignity, and reputation of an individual are inviolable and protected by law.
2. An individual has the right to request the court to dismiss information that adversely affects their honor, dignity, and reputation.
The protection of honor, dignity, and reputation can be carried out after the individual’s death at the request of the spouse, adult children; in the absence of these people, at the request of the parents of the deceased, unless otherwise provided by the relevant law.
3. Information that adversely affects an individual’s honor, dignity, and reputation published in the media must be removed and corrected by the same means. If retained by an agency, organization, or individual, it must be destroyed.
4. If the person who disseminated the adverse information cannot be identified, the affected person has the right to request the court to declare the information as incorrect.
5. An individual whose honor, dignity, and reputation are adversely affected, in addition to requesting the dismissal of the information, has the right to demand a public apology, correction, and compensation for damages.
The compensation for damages will be calculated according to the provisions of Article 592 of the Civil Code 2015:
Article 592. Damages caused by infringement of honor, dignity, reputation
1. Damages caused by the infringement of honor, dignity, and reputation include:
a) Reasonable expenses to mitigate and remedy the damages;
b) Actual lost or diminished income;
c) Other damages as stipulated by law.
2. The person responsible for compensation in case of infringing another's honor, dignity, and reputation must compensate the damages as stipulated in clause 1 of this Article and an additional amount for spiritual loss suffered by the affected person. The amount of compensation for spiritual loss is agreed upon by the parties; if no agreement is reached, the maximum amount for one person whose honor, dignity, and reputation are infringed is not more than ten times the statutory pay rate stipulated by the State.
Recently, in the Report on the State Budget performance in 2019, State Budget estimation, and Central Budget allocation plan for 2020, the Government of Vietnam proposed to increase the statutory pay rate in 2020 to 1,600,000 VND/month, an increase of 110,000 VND compared to 2019. If this salary increase is approved by the National Assembly, the statutory pay rate from July 01, 2020, will be 1,600,000 VND/month, the highest statutory pay rate ever. From July 01, 2020, if someone fabricates and spreads false information about a teacher, the teacher can demand maximum compensation of 10 times the statutory pay rate: 10 x 1,600,000 = 16,000,000 VND.
The right to protection of honor, dignity, and reputation is one of the fundamental personal rights recognized globally and specifically stipulated in Vietnamese law. Therefore, every teacher is protected by law regarding their honor, dignity, and reputation.
Lan Anh
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