Recently, some teachers have thought that according to Decision No. 2499/QD-BGDDT dated August 26, 2019, teachers will no longer be allowed to conduct private tutoring outside of school, and if they do, it would be a violation of the law and subject to penalties. Is this understanding correct?
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2020 SALARY TABLE FOR TEACHERS AT ALL LEVELS
Regarding this matter, Thu Ky Luat answers as follows: According to current legal regulations, such an understanding is incorrect. Specifically, regarding extra teaching by teachers, Article 4 of Circular 17/2012/TT-BGDDT which regulates extra teaching and learning by teachers, has clearly defined that teachers are not allowed to teach extra classes in 04 cases:
Article 4. Cases where extra teaching is not allowed
1. No extra teaching for students who already have two study sessions per day organized by the school.
2. No extra teaching for primary school students, except for cases of training in arts, sports, or life skills.
3. Higher education institutions, colleges, technical secondary schools, and vocational schools cannot organize extra teaching and learning for subjects according to the general education curriculum.
4. For teachers receiving salaries from the public service provider fund:
a) Not allowed to organize extra teaching outside the school but are allowed to participate in extra teaching outside the school;
b) Not allowed to teach extra classes outside the school for students they are currently teaching during regular hours without the permission of the Head of the managing agency.
Thus, if not falling into the above cases, teachers still have the right to organize extra classes for students. For example, in educational institutions that organize one study session per day, teachers are still allowed to teach extra classes, or for teachers receiving salaries from the public service provider fund, if approved by the Head of the managing agency, they are allowed to teach extra classes outside the school.
Decision 2499/QD-BGDDT only announces the expiration of the regulations on licensing the organization of extra teaching and learning activities for organizations and individuals as specified in Clause 3, Article 74 of the Investment Law 2014 and does not prohibit extra teaching and learning as some teachers have understood.
In fact, on November 29, 2019, in Ho Chi Minh City, the Deputy Director of the Ho Chi Minh City Department of Education and Training, Mr. Nguyen Van Hieu, also stated that except for primary school level, all teachers have the right to teach extra classes in places registered for extra teaching activities. Although extra teaching and learning activities are no longer licensed, they must still be registered with the Department of Planning and Investment.
Therefore, the understanding that "Teachers are not allowed to teach extra classes" is an oversimplification and unjustified. Teachers need to clearly understand this regulation to ensure their rights.
Thanh Lam
