Prohibit acts of reformatory homeroom teachers in Vietnam

Prohibit acts of reformatory homeroom teachers in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Standards of a reformatory homeroom teacher in Vietnam

According to Article 3 of Circular 42/2022/TT-BCA, standards for reformatory homeroom teachers are prescribed as follows:

- Satisfying the title criteria of officers and non-commissioned officers of the People's Public Security as prescribed by the Minister of Public Security.

- Competent, professional management, education, labor organization, vocational training for students.

2. Prohibit acts of reformatory homeroom teachers in Vietnam 

Specifically, in Article 5 of Circular 42/2022/TT-BCA, the homeroom teacher of a reformatory must not do the following acts:

- Borrowing, begging, buying, selling, and exchanging student money and objects in any form; receiving material or immaterial benefits from the student or the student's next of kin.

- Contacting and meeting with students' relatives for the purpose of seeking employment.

Contacting with the student's relatives to coordinate in managing and educating the student requires the consent of the reformatory's principal, and the contact must be made at the student's home or the reformatory's citizen reception room.

- For students to use illegal means of communication, to allow students to possess and use prohibited objects.

- Having words or acts that infringe on life, health, honor, dignity, or discriminate against students in contravention of regulations.

- Falsifying records and documents related to students.

3. Rights of the reformatory homeroom teacher in Vietnam

The head teacher of a reformatory has the entitlements specified in Article 9 of Circular 42/2022/TT-BCA, specifically as follows:

- Homeroom teachers, while on duty, may apply professional measures as prescribed by law and the Ministry of Public Security to manage and educate students.

- Organizing a Student Congress once a year, and selecting and introducing students from their team or teams to be elected to the Student Self-Management Board.

- Proposing the removal of a member of the Self-Management Committee of the Student Team or Team when the student violates reformatory rules and is unable to complete the task or for other legitimate reasons, and making a proposal report to the relevant professional team and submitting it to the Rector for a decision on recognition of the Self-Management Board once a year or as needed.

- Collaborating with relevant professional teams to detect and prevent violations of the law and reformatory regulations; censoring letters and gifts received and sent by students.

- Working with professional teams to propose or participate in meetings to consider, recommend rewards, discipline, reduce time limits, or temporarily suspend; exempt from execution for the remainder of the decision to apply administrative handling measures to send students under his/her charge to reformatories.

4. Duties of reformatory homeroom teachers in organizing labor and vocational training for students in Vietnam

According to Article 8 of Circular 42/2022/TT-BCA, in organizing labor and vocational training for students, the head teacher of a reformatory has the following duties:

- Participating in planning and organizing for students to work and provide vocational training suitable to their age, health, and gender.

- Supervising and guiding the use and preservation of objects, personal belongings, and labor means and tools for the protection of students.

- Proposing an adequate quantity and level of extra meals for students who participate in labor in accordance with regulations.

- Effectively managing and using assigned assets, equipment, vehicles, and labor results in results according to regulations.

- Coordinating with officials responsible for providing career guidance and vocational training for students; organizing to increase production to improve the lives of students with the consent of the reformatory principal.

Thanh Rin

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