Every year on November 20, parents and students are excited about the topic of what gifts to give teachers that align with legal regulations in Vietnam and express their gratitude towards the teachers. To understand how to appropriately give gifts to teachers on November 20 in compliance with the law, please refer to the article below.
Article table of contents
How to give gifts to teachers on November 20 legally in Vietnam? (Illustrative image)
1. Right to give gifts to teachers on November 20 in Vietnam
Article 194 of the Civil Code 2015 stipulates the right to give gifts to teachers in Vietnam as follows:
"Article 194. Right of disposal of owners
The owner has the right to sell, exchange, give, ... or perform other forms of disposition in accordance with the law with respect to the property."
At the same time, Article 116 of the Civil Code 2015 also stipulates that a civil transaction is a contract or unilateral legal act that creates, changes, or terminates civil rights and obligations.
Thus, giving gifts to teachers on November 20 is a civil transaction in which parents and students have the right to dispose of their property, unilaterally giving it to the teacher.
Additionally, giving gifts to teachers must also meet the conditions stipulated in Article 117 of the Civil Code 2015 to be legally effective, specifically:
- Parents/students must have the legal capacity appropriate for giving gifts to teachers on November 20;
- Parents/students must voluntarily give gifts to teachers;
- The gift-giving does not violate any legal prohibitions, and is not contrary to social ethics.
2. Prohibited acts related to giving gifts to teachers on November 20 in Vietnam
According to the current provisions of Article 22 of the Anti-Corruption Law 2018:
2. Agencies, organizations, units, persons with positions and powers are prohibited from directly or indirectly receiving gifts in any form from agencies, organizations, units, individuals related to the work they handle or under their management.
Persons with positions and powers explained under this law include individuals appointed or assigned by contract or other form, with or without salary, to perform certain tasks and have certain authority while performing those tasks, including public employees (teachers).
Thus, although parents and students have the right to give gifts to teachers on November 20, teachers are not allowed to receive those gifts and must refuse them.
Moreover, the law only prohibits teachers from accepting gifts on November 20 from parents/students related to their teaching work or under their management scope. Former students who are no longer under the teacher's management can still give gifts to teachers on November 20 in all lawful civil forms analyzed in section 1.
3. How to give gifts to teachers on November 20 legally in Vietnam?
To date, the law has not defined what gifts are; based on the regulations for handling received gifts (Articles 26, 27, 28 of Decree 59/2019/ND-CP), gifts can be understood as materials or services that can be valued, including money, papers, objects, sightseeing, travel, healthcare services, etc.
Therefore, when giving gifts to teachers on November 20, one should avoid the aforementioned gifts. Small tokens such as greeting cards, flowers, well-wishes, literary performances, or even students' academic efforts are the most meaningful gifts that students can prepare to give to their teachers on November 20.
Hai Thanh
