Do teachers have to pay for illegal tutoring?
Currently, Decree 127/2021/ND-CP of the Government amending and supplementing a number of articles of Decree 04/2021/ND-CP no longer stipulates administrative sanctions for teachers violating regulations on extra teaching.
However, before Decree 127/2021/ND-CP, in Decree 138/2013/ND-CP (which expired from the effective date of Decree 04/2021/ND-CP), teachers who violate the rules of extra teaching and learning, in addition to being subject to disciplinary and administrative sanctions, must also return the money they have wrongly collected from students.
In recent times, the authorities have discovered and punished many cases related to illegal tutoring, but they have not been able to eradicate it completely. Notably, because there are no regulations on recovering money from teachers for illegal tutoring, it is completely impossible for students to get their money back from teachers.
Disciplinary measures for teachers when giving illegal extra lessons
Regarding disciplinary action against teachers who violate regulations on extra teaching:
Pursuant to Clause 5, Article 6 of Decision 16/2008/QD-BGDDT on regulations on teachers' ethics, it is prohibited to organize extra teaching and learning contrary to regulations.
Pursuant to Article 15, Clause 1, Article 16 of Decree 112/2020/ND-CP on disciplinary action against civil servants. For civil servants not holding managerial positions, the following disciplinary measures will be applied: reprimand, warning, and dismissal. For managerial civil servants, the following disciplinary measures will be applied: reprimand, warning, dismissal, and dismissal.
An official disciplined by one of the forms prescribed in this Article may also be restricted from performing professional activities according to the provisions of relevant laws.
In addition, Article 3 of Decree 04/2021/ND-CP (amended and supplemented by Decree 127/2021/ND-CP) stipulates the forms of sanctions and fines in the field of education. The main forms of sanctions include warnings and fines. Additional forms of sanctions include expulsion, confiscation of exhibits and means of administrative violations, and temporary suspension of operations.
