Circular No. 29/2024/TT-BGDDT on regulations on extra classes

CIRCULAR

REGULATIONS ON EXTRA CLASSES

Pursuant to the Law on Education dated June 14, 2019;

Pursuant to the Government’s Decree No. 86/2022/ND-CP dated October 24, 2022 on functions, tasks, powers and organizational structure of the Ministry of Education and Training of Vietnam;

Pursuant to the Government’s Decree No. 127/2018/ND-CP dated September 21, 2018 on responsibility for state management of education;

Pursuant to the Government’s Decree No. 24/2021/ND-CP dated March 23, 2021 on management in preschool education institutions and public general education institutions;

Pursuant to the Government’s Decree No. 125/2024/ND-CP dated October 05, 2024 on regulatory requirements for educational investment and operation;

At the request of the Director General of Secondary Education Department of Vietnam,

The Minister of Education and Training of Vietnam hereby promulgates a Circular on regulations on extra classes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for extra classes for general education and continuing education, including rules for extra classes; cases where extra classes and organization of extra classes are banned; organization of extra classes; responsibilities for management of extra classes.

2. This Circular applies to teachers who take extra classes, students who attend extra classes; organizations and individuals that organize extra classes and relevant organizations and individuals.

Article 2. Interpretation of terms

In this Circular, the undermentioned terms shall be defined as follows:

1. Extra class means a class in addition to the period specified in an education plan for a subject or educational activity (hereinafter referred to as “subject”) included in the general education program or continuing education program for lower secondary education or upper secondary education issued by the Minister of Education and Training.

2. On-campus extra class means an extra class conducted by a general education institution, continuing education institution or another education institution providing general education program or continuing education program for lower secondary education or upper secondary education (hereinafter referred to as “institution”).

3. Off-campus extra class means an extra class not conducted by one of the institutions specified in clause 2 of this Article.

Article 3. Rules for extra classes

1. An extra class is conducted only when students wish to attend the class, voluntarily attend the class and their parents or guardians (hereinafter referred to as “parents”) give consent. The institution/organization/individual organizing the extra class must not force students to attend the class by any forms.

2. The extra class must not be contrary to regulations of Vietnamese laws and discriminate against ethnicity, religion, profession, gender, or social status. It is not allowed to cut teaching contents included in the institution’s education plan to teach students in the extra class.

3. The extra class must contribute to improvement of qualifications and capacities of students; and must not affect the organization of implementation of the institution’s education program and the teacher’s subject program.

4. The duration, time, location and form of the organization of the extra class must be suitable for the physiological psychology, age and health of each student; and comply with regulations of laws on working hours, overtime, security, order, safety, environmental sanitation, fire safety in the area where the extra class is conducted.

Article 4. Cases where extra classes and organization of extra classes are banned

1. Extra classes must not be provided for primary education-level students, except for extra-curricular activities, including arts, sports, or life skills.

2. Institutions’ teachers must not conduct off-campus extra classes and collect tuition fees from their own students under institutions’ education plans.

3. Public institutions’ teachers must not participate in management and administration of off-campus extra classes but they can conduct such extra classes.

Chapter II

ORGANIZATION OF EXTRA CLASSES

Article 5. On-campus extra classes

1. It is not allowed to collect tuition fees from students who attend an on-campus extra class and the extra class is only available for the following students to register separate subjects:

a) Students who did not perform well in a particular subject in the previous semester;

c) Students selected by the institution for gifted education;

c) Senior students who voluntarily apply for registration to make review for an entrance/ graduation exam according to the institution’s education plan.

2. The institution shall enable each student specified in clause 1 of this Article to make an application for attendance at the on-campus extra class by each subject in each grade (according to Form No. 01 in the Appendix enclosed with this Circular).

3. On the basis of the number of students who have applied for registration, the institution shall develop a plan to organize extra classes for each subject in each grade.

4. Organization and arrangement of extra classes, and establishment of timetables shall meet the following requirements:

a) Extra classes shall be arranged by subject for each grade; there are no more than 45 students who attend each extra class;

b) Timetables and overtime teaching hours must not be scheduled in an alternating pattern and it is not allowed to teach the knowledge in the school program ahead of time according to the institution’s education plan;

c) A subject may have up to 02 study periods/week.

5. The plan to organize extra classes shall be publicly announced on the institution’s website or posted at the institution.

Article 6. Off-campus extra classes

1. The organization/individual organizing off-campus extra classes and collecting tuition fees from students who attend such off-campus extra classes (hereinafter referred to as “extra class organizing-institution”) shall meet the following requirements:

a) Apply for business registration as per law;

b) Publicly announce, on their web portal, or post at a place where the extra class organizing-institution is headquartered, subjects taught at extra classes; period during which each extra class is conducted for each subject in each grade; location, form and time; list of teachers and tuition fees before enrollment (according to Form No. 02 in the Appendix enclosed with this Circular).

2. Teachers shall have good moral qualities; and professional qualifications suitable for subjects

3. Institutions’ teachers who teach off-campus extra classes shall report subjects, locations, forms and time to Presidents or Directors or Heads of such institutions (hereinafter referred to as “Presidents”) (according to Form No.03 in the Appendix enclosed with this Circular.

Article 7. Collection and management of tuition fees

1. Funding for organization of on-campus extra classes shall be covered by state budget and other lawful sources according to regulations of law.

2. Tuition fees for off-campus extra classes shall be agreed by parents and extra class-organizing institutions.

3. Tuition fees shall be collected, managed and used in accordance with regulations of laws on finance, budget, property, accounting and tax, and other relevant regulations.

Chapter III

RESPONSIBILITIES FOR MANAGEMENT OF EXTRA CLASSES

Article 8. Responsibilities of provincial People’s Committees

1. Be responsible for managing local extra classes.

2. Issue regulations on local extra classes, including the following main contents:

a) Responsibilities of People’s Committees at all levels, education management agencies and relevant agencies for compliance with regulations on extra classes;

b) Management and use of funding for organization of extra classes;

c) Inspection and penalties for violations.

3. Direct inspection of local extra classes under their management; impose penalties for violations as per law.

Article 9. Responsibilities of Departments of Education and Training

1. Preside over and cooperate with relevant agencies in advising the provincial People’s Committees to issue regulations on local extra classes.

2. Give guidance on and organize the implementation of regulations on extra classes to local relevant institutions, organizations and individuals under their management.

3. Conduct or cooperate with relevant agencies in conducting inspections of local extra classes under their management; handle within their jurisdiction or request competent authorities to handle violations.

Article 10. Responsibilities of district-level People’s Committees

1. Be responsible for managing local extra classes.

2. Give guidelines for, and inspect the compliance with regulations on local extra classes; handle or request competent authorities to handle violations.

3. Direct commune-level People’s Committees to supervise and inspect compliance with regulations of laws on working hours, overtime, security, order, safety, environmental sanitation, fire safety by local organizations and individuals organizing off-campus extra classes.

Article 11. Responsibilities of District-level Departments of Education and Training

1. Preside over and cooperate with relevant agencies in managing local extra classes.

2. Give guidance on and organize the implementation of regulations on extra classes to relevant institutions, organizations and individuals under their management.

3. Conduct or cooperate with relevant agencies in conducting inspections of local extra classes under their management; handle within their jurisdiction or request competent authorities to handle violations.

Article 12. Responsibilities of commune-level People’s Committees

1. Cooperate with district-level Departments of Education and Training and relevant agencies in managing compliance with regulations on local extra classes.

2. Follow directions given by district-level People’s Committees according to clause 3 Article 10 of this Circular.

Article 13. Responsibilities of Presidents

1. Organize on-campus extra classes in accordance with regulations of this Circular and other relevant laws.

2. Manage institutions’ teachers when they teach off-campus extra classes and ensure that they comply with regulations in clause 3, Article 6 of this Circular; cooperate in supervision and inspection of off-campus extra classes taught by institutions’ teachers.

3. Be responsible to direct management agencies for the quality of on-campus extra classes; management and use of funding for organization of on-campus extra classes as per law.

4. Handle within their jurisdiction or request competent authorities to handle violations against regulations on extra classes.

5. Receive and respond to opinions on, implement recommendations about and fulfill wishes of students and their parents for extra classes before and during the organization of extra classes.

Article 14. Responsibilities of extra class-organizing institutions

1. Comply with regulations on extra classes in this Circular and other relevant laws.

2. Manage and ensure the quality of extra classes and protect the rights of students and teachers; manage and use tuition fees as per law.

3. Manage and store dossiers on organization of extra classes according to regulations.

4. Report and explain the implementation of regulations in this Circular and relevant laws to competent agencies when requested.

5. Receive and respond to opinions on, implement recommendations about and fulfill wishes of students and their parents for extra classes before and during the organization of extra classes.

Article 15. Inspection

1. Extra classes shall be subject to inspection by state inspection agencies according to regulations of law.

2. Extra classes shall be subject to inspection by education management agencies and state management agencies at all levels as assigned.

Article 16. Penalties for violations

1. Institutions, extra class-organizing institutions, organizations and individuals that commit violations against regulations on extra classes, depending on the nature and severity of the violations, will incur penalties according to regulations of law.

2. Heads of agencies, organizations and units employing officials and public employees that commit violations against regulations on extra classes, depending on the nature and severity of the violations, will incur penalties according to regulations of law.

Chapter IV

IMPLEMENTATION CLAUSES

Article 17. Effect

1. This Circular takes effect from February 14, 2025.

2. This Circular replaces the Circular No. 17/2012/TT-BGDDT dated May 16, 2012 of the Minister of Education and Training.

Article 18. Responsibilities for implementation

Chief of Office, Director Generals of Primary Education Department, Secondary Education Department and Continuing Education Department, Heads of relevant units affiliated to the Ministry of Education and Training, Chairpersons of People’s Committees of provinces and central-affiliated cities, Directors of Departments of Education and Training and relevant organizations and individuals shall implement this Circular./.