The Ministry of Education and Training (MOET) is seeking opinions on the draft Decree amending and supplementing a number of articles of Decree No. 04/2021/ND-CP dated January 22, 2021 of the Government regulating administrative sanctions in the field of education, which has been amended and supplemented with a number of articles according to Decree No. 127/2021/ND-CP dated December 30, 2021 of the Government and Decree No. 88/2022/ND-CP dated October 26, 2022 of the Government regulating administrative sanctions in the field of vocational education.
In which, it is proposed to add Article 16a before Article 16 as follows:
Article 16a. Violating regulations on extra teaching and learning
1. Fine from 2-5 million VND for one of the following acts:
a) Organizing extra teaching and learning for primary school students that is not in accordance with current law;
b) extra teaching outside of school with fees collected from students who are not allowed to teach extra classes according to current law or do not report to the Principal, Director, or head of the school;
c) Participating in the management and operation of extra teaching and learning outside of school that is not in accordance with current law.
2. Fines of 5-10 million VND for educational institutions that violate regulations on extra teaching and learning in schools are as follows:
a) Organizing additional teaching for the wrong subjects as prescribed by current law;
b) Organize extra teaching when there is no application for extra learning from learners for each subject in each grade;
c) Not developing a plan to organize additional teaching for each subject in each grade;
d) Not publicly displaying on the school's electronic information page or not posting at the school the plan to organize extra classes according to current law;
d) Ranking classes, schedule and organizing extra classes and learning that do not meet one of the requirements prescribed by current law;
e) Collecting fees for extra teaching and learning.
3. Fines of 10-20 million VND for one of the following violations of regulations on extra teaching and learning outside of school:
a) Organize extra teaching and learning without business registration as prescribed by law;
b) Not publicizing or not fully publicizing, not publicizing in accordance with reality the contents of organizing extra teaching and learning according to the provisions of law.
4. Additional penalty: Suspend educational activities or educational services from 06 months to 12 months for violations specified in Point a, Clause 3 of this Article.
5. Remedial measures: Forced to return the collected amount and bear all costs for the organization to return it for the violation specified in Point e, Clause 2; Point a, Clause 3 of this Article.
