Conditions for teachers to teach extra classes outside of school from 2.2025
Pursuant to Article 6 of Circular 29/2024/TT-BGDDT, organizations or individuals organizing extra-curricular teaching and learning activities outside of school with fees collected from students from February 14, 2025 must comply with the following requirements:
Register business according to the law;
Publicly announce on the electronic information portal or post at the location of the tutoring facility the following: Subjects that are organized for tutoring; tutoring duration for each subject according to each grade level; location, form, and time of organizing tutoring and learning; list of tutors and tutoring fees before enrolling students in tutoring and learning classes.
Accordingly, from February 14, 2025, when Circular 29 takes effect, if teachers teach extra classes outside of school and collect money from students, they are required to register their business according to the provisions of law.
Depending on the form and scale of the tutoring business, tutoring can choose to register a business in one of 1 forms: register to establish a company or register as an individual business household.
What is the penalty for not registering a tutoring business?
According to the provisions of Clause 1, Article 62 of Decree 122/2021/ND-CP, a fine of VND 5 - 10 million shall be imposed on business households that do not register to establish a business household in cases where registration is required according to regulations.
At the same time, the above fine will also apply to the following acts:
Individuals and household members register to do business in more than one household;
Not allowed to establish a business household but still establish a business household;
Failure to register changes to the contents of the Business Registration Certificate with the district-level business registration authority within 10 days from the date of change.
Teachers note: Clause 2, Article 4 of Decree 122/2021/ND-CP also stipulates that a fine of 5 - 10 million will be imposed on individuals. As for organizations, the fine will be twice the fine for individuals.
In the case of tutoring that requires registration to establish a company but does not do so, the penalty is specified in Clause 4, Article 46 of Decree 122/2021/ND-CP.
Fine from 50 to 100 million VND for one of the following acts:
Conducting business as an enterprise without registration;
Continuing to do business after having had the business registration certificate revoked or being required by a competent state agency to temporarily suspend, cease operations, or terminate business.
In case of violation of tax law, it shall be handled according to regulations on administrative sanctions for violations in the field of tax.
At the same time, it is mandatory to register to establish an enterprise for the act of conducting business activities in the form of an enterprise without registration (Clause 5, Article 46, Decree 122/2021/ND-CP)
Organizations with the above-mentioned behavior will also be subject to remedial measures such as being forced to register to establish a business.
Thus, if individuals teach extra classes in the form of unregistered business households, they will be fined 5 - 10 million VND; organizations will be fined 10 - 20 million VND.
In case of business activities in the form of an enterprise without registering to establish an enterprise, organizations may be fined from 50 to 100 million VND; individuals may be fined from 25 to 50 million VND.
