Sending a petition to the Hanoi Department of Education and Training, Mr. L.V.D requested clarification of Hanoi's regulations on tutoring and extra classes.
According to Mr. D, current regulations have not clarified the case: A teacher is assigned by the school to officially teach one subject (for example, Informatics), but that teacher has a full second degree, legal pedagogical certificate of another subject (for example, Mathematics).
When this teacher organizes or participates in extra classes outside the school for another subject (Math - a subject not directly taught at school), is it considered a violation of regulations on extra classes or tutoring?
In fact, there are many different understandings between teachers and the school board, causing difficulties for management and implementation of procedures" - Mr. D analyzed.
From there, Mr. D proposed that competent authorities consider and issue guiding documents or specific explanations for cases where teachers teach extra subjects other than the assigned subjects at the school. This is to ensure the legitimate professional rights of teachers with sufficient professional capacity, and at the same time help educational institutions unify management plans in accordance with the law.
Regarding the above petition, the Hanoi Department of Education and Training (GDĐT) said that Clause 2, Article 3 of Decision No. 61/2026/QD-UBND stipulates:
Teachers currently teaching at the school are not allowed to tutor students outside the school for a fee, but that teacher is assigned to teach according to the school's education plan".
This regulation is built on the basis of Clause 2, Article 4 of Circular No. 29/2024/TT-BGDĐT of the Ministry of Education and Training and ensures consistency with the regulations of the Ministry; Decision No. 61/2026/QD-UBND does not stipulate otherwise or expand the scope of regulation of the Circular.
According to the above regulations, the determination of cases where teachers are not allowed to tutor outside the school for students is based on the subject that the teacher is assigned to teach according to the school's education plan for that student, not based on diplomas, certificates or other training majors that the teacher has.
Therefore, in case teachers are assigned by the school to teach one subject but have sufficient professional qualifications as prescribed to teach another subject, participating in extra classes outside the school for another subject is not subject to restrictions according to Clause 2, Article 3 of Decision No. 61/2026/QD-UBND and Clause 2, Article 4 of Circular No. 29/2024/TT-BGDĐT, provided that teachers fully implement other provisions of the law on extra classes, including:
Meeting the conditions for tutors outside the school according to the regulations of the Ministry of Education and Training;
Perform the responsibility of reporting to the principal on subjects, locations, forms, time of participating in extra classes and related contents as prescribed in Clause 3, Article 5 of Decision No. 61/2026/QD-UBND;
Not falling into the cases where tutoring is not allowed as stipulated in Article 3 of Decision No. 61/2026/QD-UBND and fully complying with other provisions of law.
Conversely, teachers are not allowed to tutor outside the school with fees for the students themselves that the school is assigning to teach according to the school's education plan, according to the provisions of Clause 2, Article 3 of Decision No. 61/2026/QD-UBND.
Through review, the Department of Education and Training found that Decision No. 61/2026/QD-UBND was issued in accordance with the provisions of Circular No. 29/2024/TT-BGDĐT; there are no contradictory, overlapping or legal loopholes for the reflected case.
The Department of Education and Training said that in the coming time, it will strengthen guidance for educational institutions to ensure the uniform application of regulations on extra classes and tutoring in the city. In case of arising content exceeding authority or requiring unified guidance from higher-level state management agencies, the Department will summarize and report to the Ministry of Education and Training for consideration and guidance according to regulations.
