Prohibited acts in educational institutions in Vietnam

What are the prohibited acts in educational institutions in Vietnam? What are the penalties for the violations of regulations regarding educational institutions in Vietnam? - Thanh Truong (Binh Phuoc, Vietnam)

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Prohibited acts in educational institutions in Vietnam (Internet image)

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

1. Prohibited acts in educational institutions in Vietnam

- Article 20 of the Education Law 2019 stipulates the prohibition of promotion of religions in educational institutions as follows:

Neither religion promotion nor religious rituals are to be conducted in educational institutions of the national educational system, of the State agencies, of political organisations, of socio-political organisations and of the people's armed forces.

- Article 21 of the Education Law 2019 prohibits the prohibition of abuse of educational activities as follows:

+ It is prohibited to abuse educational activities to distort State guidelines, policies, legislation; to oppose the Socialist Republic of Vietnam, to separate the block of great national solidarity, to incite violence, to propagate war of aggression, to erode the good traditions and customs, to publicize superstitious beliefs and bad customs, or to attract learners into social evils.

+ It is prohibited to make corrupt use of educational activities for self-interest purposes.

- Article 22 of the Education Law 2019 stipulates the Prohibited activities in educational institutions as follows:

+ Disrespect of dignity and honor, committing physical assault towards teachers, staff, labour workers of educational institutions and towards learners.

+ Distortion of educational contents.

+ Cheating in learning, testing, examination, admission.

+ Smoking; alcohol consumption; security and order disruption.

+ Forcing students to take extra classes for money.

+ Forcing contributions in cash or in kind in the name of educational sponsorship or support.

2. What are the penalties for the violations of regulations regarding educational institutions in Vietnam?

According to Article 30 of Decree 04/2021/ND-CP, a fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for purchasing, receiving or using textbooks, syllabi, teaching materials and equipment whose contents distribute or disseminate superstitious or unlawful religious activities, unsound customs or social evils, if not liable to criminal prosecution

Remedial measures: The entity committing the violation above is compelled to destroy textbooks, syllabi, teaching materials and equipment.

3. Suspension from educational operation in Vietnam

The suspension from educational operation is specified in Article 50 of the Education Law 2019, whereby:

- A school shall be suspended from educational operation:

+ Fraud in committed to obtain the permission for educational operation;

+ One of the conditions prescribed in clause 2 Article 49 of the Education Law 2019 is not satisfied;

+ Permission for educational operation is not granted by a competent person;

+ There is no educational operation within a regulated period of time starting from the date the permission for educational operation is granted;

+ There is violation against education laws that leads to the school’s suspension;

+ Other cases as prescribed by law.

- Decision to suspend educational operation of a school must specify the reasons for suspension, duration of suspension, measures to ensure rights and benefits of teachers, education managers, learners and labour workers in the school, and must be publicly announced via mass media.

- Within the suspension period, if the reason for suspension is amended, the person having the power to issue the suspension decision may permit the school to resume its educational operation.

* A school shall be dissolved in the following cases:

+ It seriously violates regulations regarding management, organisation or operation of the school;

+ It fails to rectify the violation that leads to its suspension by the deadline;

+ Its operating objectives and contents in the establishment decision or establishment permission are no longer suitable with the requirements of socio-economic development;

+ It fails to ensure quality of education;

+ The dissolution is requested by the founding organisations and/or individuals.

(Based on Clause 2, Article 51 of the Education Law 2019)

Nhu Mai

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