Procedures for handling student discipline according to new regulations

Lawyer Ho Thu Trang, YouMe Law Company Limited answers:

Article 23 of Circular No. 40/2026/TT-BGDDT of the Ministry of Education and Training regulating student affairs (effective from June 30, 2026) stipulates the order and dossiers for disciplinary action as follows:

1. Disciplinary handling procedures:

a) Students with violations must make self-criticism reports and self-recognize disciplinary actions;

b) Individuals assigned to be in charge of student affairs shall chair meetings with the class staff, analyze and agree to propose disciplinary actions to be sent to the unit in charge of student affairs;

c) The unit in charge of student affairs organizes a meeting, reviews and has a written report to the head of the school or the head of the unit under, directly under the school decentralized according to their authority requesting consideration and decision to establish a student disciplinary council of the school;

d) At the latest 10 days from the date of establishment, the Disciplinary Council must hold a meeting to consider discipline, the participants in the meeting include members of the school's student disciplinary council, representatives of the class with violating students, students with violating acts, representatives of agencies, units and other related individuals.

If the violating student has been invited but does not attend the meeting, has no legitimate reason or does not have a self-criticism, the Disciplinary Council will still hold a meeting and consider additional shortcomings of students' lack of organizational discipline awareness. The Disciplinary Council considers, secretly votes, proposes to apply disciplinary measures, and requests the head of the school or the head of the unit under or directly under the school to be decentralized according to their authority to consider the issuance of disciplinary decisions. Only members of the school's student Disciplinary Council have the right to vote.

2. Disciplinary record:

a) Self-criticism report of students with violations;

b) Minutes of the review meeting of students with violations;

c) Document of request from the unit in charge of student affairs;

d) Other relevant documents.

3. Heads of schools or heads of units under or directly under schools decentralized according to their authority are allowed to issue disciplinary decisions without having to follow the order, procedures and records for disciplinary handling specified in Clause 1 and Clause 2 of this Article for violations that meet all conditions, including: The violation has specific regulations on disciplinary forms; there are sufficient grounds and evidence to clearly determine the violation; the case does not have complex details, does not need additional verification, and the expected disciplinary form applied is not suspension from school for a definite term or expulsion.

Thus, from June 30, 2026, the disciplinary action procedure for students will be implemented according to the above regulations.