Circular 29/2024/TT-BGDDT on extra teaching and learning

CIRCULAR

On extra teaching and learning

Pursuant to the Law on Education dated June 14, 2019;

Pursuant to the Government’s Decree No. 86/2022/ND-CP dated October 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government’s Decree No. 127/2018/ND-CP dated September 21, 2018 prescribing state management responsibilities for education;

Pursuant to the Government Decree No. 24/2021/ND-CP dated March 23, 2021 prescribing the management in public preschool and general education institutions;

Pursuant to the Government’s Decree No. 125/2024/ND-CP dated October 05, 2024 prescribing the investment and operating conditions in the education sector;

At the proposal of the Director of the Secondary Education Department,

The Minister of Education and Training promulgates the Circular providing for extra teaching and learning.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides for extra teaching and learning in general education and continuing education, including: principles of extra teaching and learning; cases where extra teaching and the organization of extra teaching are prohibited; the organization of extra teaching and learning; and the responsibilities for managing extra teaching and learning activities.

2. This Circular applies to extra teachers, extra learners; organizations and individuals organizing extra teaching and learning, and other relevant organizations and individuals.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Extra teaching and learning mean the supplementary teaching activity conducted outside the stipulated duration in the educational plan for subjects and educational activities (hereinafter collectively referred to as subjects) in the General Education Program, the Lower Secondary Continuing Education Program, and the Upper Secondary Continuing Education Program promulgated by the Minister of Education and Training.

2. Extra teaching and learning within schools mean the extra teaching and learning activity organized and implemented by general education institutions, continuing education institutions, and other educational institutions implementing the General Education Program, the Lower Secondary Continuing Education Program, and the Upper Secondary Continuing Education Program (hereinafter collectively referred to as schools).

3. Extra teaching and learning outside schools mean the extra teaching and learning activity not organized and implemented by the schools as specified in Clause 2 of this Article.

Article 3. Principles of extra teaching and learning

1. Extra teaching and learning shall only be organized when students and learners (hereinafter collectively referred to as students) have the need for extra learning, voluntarily participate in extra learning, and obtain the consent of their parents or guardians (hereinafter collectively referred to as parents). Schools, organizations, and individuals organizing extra teaching and learning must not use any means to coerce students into extra learning.

2. The content of extra teaching and learning must not contravene the Vietnamese law, and must not carry prejudice regarding ethnicity, religion, profession, gender, or social status. It is prohibited to reduce the teaching content outlined in the school's educational plan to include it in extra teaching.

3. Extra teaching and learning must contribute to developing the qualities and competencies of students; it must not negatively affect the school's implementation of the educational program nor the teachers' implementation of the subject program.

4. The duration, timing, location, and organizational form of extra teaching and learning must be appropriate to the students' age-specific psychological and physiological characteristics, and ensure their health; it must comply with legal provisions on working hours, overtime hours, and legal provisions on security, order, safety, environmental sanitation, and fire prevention and fighting at the location where extra teaching and learning classes are held.

Article 4. Cases where extra teaching and the organization of extra teaching are prohibited

1. Extra teaching shall not be organized for primary school students, except for the following cases: fostering arts, physical education and sports, and life skills training.

2. Teachers currently teaching at schools are prohibited from engaging in extra teaching outside schools for fees from the students whom those teachers are assigned to teach according to the school's educational plan.

3. Teachers affiliated with public schools are prohibited from participating in the management and operation of extra teaching outside schools but may participate as teaching staff in extra teaching outside schools.

Chapter II

ORGANIZATION OF EXTRA TEACHING AND LEARNING

Article 5. Extra teaching and learning within schools

1. Extra teaching and learning within schools must not collect fees from students and shall be exclusively available to the following categories of students who register for extra learning by individual subject:

a) Students whose academic results in the subject at the end of the immediately preceding semester are at an unsatisfactory level;

b) Students selected by the school for fostering excellent students;

c) Final-grade students who voluntarily register for entrance exam preparation or graduation exam preparation in accordance with the school's educational plan.

2. Schools shall organize for students belonging to the categories specified in Clause 1 of this Article to write an application registering for extra learning for each subject in each grade (using Form No. 01 in the Appendix attached to this Circular).

3. Based on the number of registered students, the school shall develop a plan to organize extra teaching for each subject in each grade.

4. The class arrangement, timetabling, and organization of extra teaching and learning must ensure the following requirements:

a) Extra teaching classes are arranged by subject for each grade; each class shall have no more than 45 (forty-five) students;

b) Extra teaching hours must not be interspersed with the regular timetable, and extra teaching must not cover contents in advance of the teaching schedule based on the subject program distribution in the school's educational plan;

c) Each subject shall be organized for extra teaching for no more than 02 (two) periods/week.

5. The plan for organizing extra teaching and learning shall be publicly announced on the school's website or posted at the school.

Article 6. Extra teaching and learning outside schools

1. Organizations or individuals organizing extra teaching and learning activities outside schools that collect fees from students (hereinafter collectively referred to as extra teaching establishments) must comply with the following requirements:

a) Completing business registration in accordance with legal provisions;

b) Publicly announcing on their web portal or post at the headquarters of the extra teaching establishment the subjects organized for extra teaching; the duration of extra teaching for each subject by grade; the location, form, and time of organizing extra teaching and learning; the list of extra teachers, and the fee rates for extra learning prior to enrolling students in extra teaching and learning classes (using Form No. 02 in the Appendix attached to this Circular).

2. Extra teachers outside schools must possess good moral qualities; and have professional competence appropriate to the subjects they participate in teaching.

3. Teachers currently teaching at schools who participate in extra teaching outside schools must report to the Principal or Director or the head of the school (hereinafter collectively referred to as the Principal) regarding the subject, location, form, and time of participating in extra teaching (using Form No. 03 in the Appendix attached to this Circular).

Article 7. Collection and management of extra learning fees

1. Funding for organizing extra teaching and learning within schools shall utilize the state budget and other lawful funding sources in accordance with legal provisions.

2. The fee rate for extra learning outside schools shall be agreed upon between the students' parents, the students, and the extra teaching establishment.

3. The collection, management, and use of extra learning fees shall be implemented in accordance with legal provisions on finance, budget, assets, accounting, taxes, and other relevant regulations.

Chapter III

RESPONSIBILITIES FOR MANAGING EXTRA TEACHING AND LEARNING ACTIVITIES

Article 8. Responsibilities of the Provincial-level People's Committee

1. Being responsible for managing extra teaching and learning activities within the locality.

2. Promulgating local regulations on extra teaching and learning, including the following main contents:

a) Responsibilities of People's Committees at all levels, educational management agencies, and relevant agencies in implementing the regulations on extra teaching and learning;

b) The management and use of funding for organizing extra teaching and learning;

c) Inspection, examination, and handling of violations.

3. Directing the inspection and examination of extra teaching and learning activities within the managed area; and handling violations in accordance with legal provisions.

Article 9. Responsibilities of the Department of Education and Training

1. Presiding over and coordinating with relevant agencies to advise the Provincial-level People's Committee on promulgating local regulations on extra teaching and learning.

2. Guiding and organizing the implementation of regulations on extra teaching and learning for schools, organizations, and relevant individuals within the scope of management in the locality.

3. Organizing or coordinating with relevant agencies to organize the inspection and examination of extra teaching and learning activities within the managed area; handling violations within its competence or proposing competent authorities to handle violations.

Article 10. Responsibilities of the District-level People's Committee

1. Being responsible for managing extra teaching and learning activities within the locality.

2. Guiding and examining the implementation of regulations on extra teaching and learning within the locality; handling violations or proposing competent authorities to handle violations.

3. Directing the Commune-level People's Committee to supervise and examine compliance with legal provisions on working hours, overtime hours, and legal provisions on security, order, safety, environmental sanitation, and fire prevention and fighting of organizations and individuals engaged in extra teaching and learning outside schools within the locality.

Article 11. Responsibilities of the Division of Education and Training

1. Presiding over and coordinating with relevant agencies to manage extra teaching and learning within the locality.

2. Guiding and organizing the implementation of regulations on extra teaching and learning for schools, organizations, and relevant individuals within the scope of management.

3. Organizing or coordinating with relevant agencies to examine extra teaching and learning activities within the managed area; handling violations within its competence or proposing competent authorities to handle violations.

Article 12. Responsibilities of the Commune-level People's Committee

1. Coordinating with the Division of Education and Training and relevant agencies to manage the implementation of regulations on extra teaching and learning within the locality.

2. Implementing the directives of the district-level People's Committee in accordance with the Clause 3, Article 10 of this Circular.

Article 13. Responsibilities of the Principal

1. Organizing extra teaching and learning within schools in accordance with this Circular and other relevant legal provisions.

2. Managing teachers currently teaching at the school when they participate in extra teaching outside the school to ensure strict compliance with the Clause 3, Article 6 of this Circular; coordinating to monitor and examine the outside-school extra teaching activities of teachers currently teaching at the school.

3. Being responsible to the direct management agency for the quality of extra teaching and learning within the school; and for the management and use of funding for organizing extra teaching and learning within the school in accordance with regulations.

4. Handling violations of regulations on extra teaching and learning within their competence or proposing competent authorities to handle such violations.

5. Receiving and handling comments, petitions, and aspirations of students and their parents regarding extra teaching and learning before and during the implementation process.

Article 14. Responsibilities of the extra teaching establishment

1. Implementing the regulations on extra teaching and learning in this Circular and other relevant legal provisions.

2. Managing and ensuring the quality of extra teaching and learning and the rights and interests of extra learners and extra teachers; managing and using extra learning fees in accordance with regulations.

3. Managing and retaining records on organizing extra teaching and learning in accordance with regulations.

4. Reporting and providing explanations regarding the implementation of the provisions of this Circular and relevant legal provisions to functional agencies upon request.

5. Receiving and handling comments, petitions, and aspirations of students and their parents regarding extra teaching and learning before and during the implementation process.

Article 15. Inspection and examination

1. Extra teaching and learning activities shall be subject to inspection by State inspection agencies in accordance with legal provisions.

2. Extra teaching and learning activities shall be subject to examination by educational management agencies and State management agencies at all levels according to decentralization.

Article 16. Handling of violations

1. Schools, extra teaching establishments, organizations, and individuals violating the regulations on extra teaching and learning shall, depending on the nature and severity of the violations, be handled in accordance with legal provisions.

2. Heads of agencies, organizations, or units having cadres, civil servants, or public employees violating the regulations on extra teaching and learning shall, depending on the nature and severity of the violations, be handled in accordance with legal provisions.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17. Effect

1. This Circular takes effect on February 14, 2025.

2. This Circular replaces the Minister of Education and Training’s Circular No. 17/2012/TT-BGDDT dated May 16, 2012 on the promulgation of Regulations on extra teaching and learning.

Article 18. Implementation

The Chief of the Ministry Office, the Director of the Secondary Education Department, the Director of the Primary Education Department, the Director of the Continuing Education Department, the Heads of relevant units under the Ministry of Education and Training, the Chairpersons of the People's Committees of provinces and centrally-run cities, the Directors of the Departments of Education and Training, and relevant organizations and individuals are responsible for implementing this Circular./.