Last weekend, the Department of Education and Training of Ba Ria - Vung Tau province issued a document to the heads of the Department of Education and Training of districts, towns and cities on the strict prohibition of extra teaching and learning for primary school students. Accordingly, the Department strictly prohibits primary school teachers from organizing extra teaching and learning. If violations occur, the principal of that school must be held responsible.
At the National Assembly's discussion session on the results of monitoring the settlement of voters' petitions sent to the 5th Session of the 15th National Assembly, Delegate Nguyen Van Huy (Thai Binh province) pointed out that the situation of illegal extra teaching is on the rise, causing public outrage and putting great pressure on students, especially primary school students.
Mr. Huy also recommended that the Ministry of Education and Training quickly and urgently amend relevant regulations to effectively, closely, practically and harmonize the interests of students, parents, teachers... So what regulations does the Ministry of Education and Training currently have on extra teaching and learning applied in schools and for teachers?
Principles of extra teaching and learning
More than 10 years ago - in 2012, the Ministry of Education and Training issued a separate regulation on extra teaching and learning, which is still in effect today.
That is the Regulation on extra teaching and learning issued with Circular No. 17/2012/TT-BGDDT dated May 16, 2012. This regulation clearly states 5principles of extra teaching and learning(Article 3) as follows:
The first,Extra teaching and learning activities must contribute to consolidating and improving knowledge, skills, and personality education of students; be suitable to psychological characteristics and not cause a situation that exceeds the learner's ability to absorb.
Monday,Do not reduce the content of the official general education program to include it in extra classes; do not teach extra classes in advance of the content of the official general education program.
Tuesday,The subjects of extra classes are students who have the need to take extra classes, voluntarily take extra classes and have their families' consent; no form of coercion may be used to force students and their families to take extra classes.
Wednesday,Do not organize extra classes according to regular classes; students in the same extra class must have similar academic ability; when placing students in extra classes, it must be based on the students' academic ability.
Thursday,Organizations and individuals organizing extra teaching and learning activities must be responsible for the contents of registration and permission to organize extra teaching and learning activities.
Article 4 clearly statescases where extra lessons are not given. That is: No extra teaching for students who have been organized by the school to study 2 sessions/day; No extra teaching for primary school students, except for cases of training in arts, physical education, life skills training; Universities, colleges, vocational schools and vocational schools do not organize extra teaching and learning of contents according to the general education program.
For teachers receiving salaries from the salary fund of public service units: They are not allowed to organize extra teaching or learning outside of school, but can participate in extra teaching outside of school; They are not allowed to teach extra teaching outside of school to students that the teacher is teaching in the main curriculum without the permission of the Head of the agency managing that teacher.
For theorganize extra teaching and learning in school,Regulations of the Ministry of Education and Training clearly state: Students who wish to take extra classes must write an application for extra classes and send it to the school; parents or guardians (hereinafter referred to as parents) whose children wish to take extra classes must directly sign and make a commitment to the school about extra teaching and learning on the application for extra classes and are responsible for fulfilling the commitment.
The school principal receives students' applications for extra classes, organizes groups of students according to their academic ability, assigns teachers to take charge of subjects, and organizes extra classes according to students' academic ability groups.
Teachers wishing to teach extra classes must submit an application for extra classes; the application must include a commitment to the school to successfully complete all teacher duties according to general regulations and other duties assigned by the school, and to strictly implement regulations on extra teaching and learning in the school.
The school principal reviews the list of tutors, assigns tutors, and arranges tutoring schedules appropriate to the students' academic abilities.
For extra teaching and learning in schools, thecollect and manage tuition fees(stipulated in Article 7) to pay remuneration to teachers who directly teach extra classes, to manage extra classes and extra learning at the school; to pay for electricity, water and repair facilities for extra classes and extra learning.
The amount of tuition collected is agreed upon between the parents and the school. The school organizes the collection, payment and public settlement of tuition fees through the school's finance department; tutors do not directly collect or pay tuition fees.
Requirements for tutors
According to Article 8 of Circular No. 17, tutors must meet the standard training level for each level of education as prescribed by the Law on Education; Be in good health; Have good moral qualities, fully perform civic obligations and legal regulations; complete assigned tasks at the workplace; Not be subject to disciplinary action, criminal prosecution, serving a prison sentence, non-custodial reform, probation, educational measures at the commune, ward, or town level or be sent to a medical facility or educational facility; not be subject to disciplinary action in the form of forced dismissal.
The contents specified in Clause 3 and Clause 4 of this Article must be confirmed by the head of the management agency or the Chairman of the People's Committee at the commune level (for those who teach extra classes outside of school). Teachers receiving salaries from the salary fund of public service units must be permitted by the head of the management agency.
The organizer of extra classes and tutoring must meet the following requirements: Have the minimum level of training equivalent to that of a teacher; Be in good health; Not be under criminal prosecution, discipline, serving a prison sentence, being under probation, non-custodial reform or being subjected to educational measures in communes, wards or towns; be sent to educational or medical facilities; not be forced to quit due to disciplinary action.
The venue must ensure safety for teachers and students, far from places with noise, dust, toxic gases, etc. The extra-curricular room must ensure an average area of 1.1 m2 per student or more, with adequate lighting, artificial and natural ventilation, and ensure standards for disease prevention and hygiene. The size of student chairs and desks, and the arrangement of desks and chairs must comply with regulations. The study board must be anti-glare, with colors, sizes, and hanging methods meeting the requirements of regulations. There must be a place to store sanitary waste and sanitation facilities.
Private tutoring is also subject to sanctions under Decree 138/2013/ND-CP issued on October 22, 2013, regulating administrative sanctions for violations in the field of education.
In this Decree, Article 7 clearly stipulates the penalties for violating regulations on extra teaching as follows:
1. Fines for violations of regulations on extra teaching at the following levels:
a) From VND 1,000,000 to VND 2,000,000 for organizing extra teaching activities without ensuring facilities as prescribed;
b) From VND 2,000,000 to VND 4,000,000 for organizing extra teaching activities for the wrong subjects;
c) From VND 4,000,000 to VND 6,000,000 for organizing extra teaching activities that do not comply with the licensed content;
d) From VND 6,000,000 to VND 12,000,000 for organizing extra teaching activities without a license.
2. Additional penalties:
a) Revoke the right to use the teaching license from 6 to 12 months for violations of the provisions at Point b and Point c, Clause 1 of this Article;
b) Suspension of tutoring activities from 12 to 24 months for violations of the provisions at Point d Clause 1 of this Article.
3. Remedial measures:
a) Force to fully supplement the material facilities for violations specified in Point a, Clause 1 of this Article;
b) Force the learner to return the collected money and bear all return costs for violations of the provisions in points b, c and d, Clause 1 of this Article.
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