Thông tư 08/TT

CIRCULAR

GUIDANCE ON COMMENDATION AND DISCIPLINARY ACTIONS APPLIED TO SCHOOL STUDENTS

The Ministry of Education has defined rights, duties of students, commendation and school disciplinary actions applied to students from grades 1 to 12 (hereinafter referred to as students) and also provide specific guidance on commendation and disciplinary actions applied to students as follows:

I. Purposes, meanings and principles of implementing commendation and disciplinary actions on students given commendation and students facing disciplinary actions respectively:

1. Commendation and disciplinary actions applied to students are one of the important educational measures in schools, aimed at:

- Encouraging students to strive for advancement and follow good role-models for improvement and fulfillment of themselves.

- Preventing the spread of mischief, improper conducts and misleading education to help students strive for becoming good role-models.

- Fostering their self-awareness of the regulations on rights, duties of their own to heighten a sense of contribution to the construction of orders and disciplines in schools.

2. Proper implementation of commendation and disciplinary actions on students shall make a positive contribution to the consolidation and development of “Two goods” emulation movement in schools, gradually achieving targets of training set by schools and individual grades. To accomplish the goals as such, the following principles should be ensured:

a) Being accurate, objective, impartial, unprejudiced, not narrow-minded and unsystematic.

b) Being democratic, equal and sensible toward students

c) Taking education as primary and at the same time strictly keeping discipline. Bringing into play strong points, cultivating positive factors taken as foundations for overcoming shortcomings and negative expressions.

d) Taking appropriate measures punctually.

e) Creating in schools and in society proper public opinions, being in favor of goods and against wrongs.

f) Having a plan to monitor progress and correction made by mischievous students.

g) Commendation should be accompanied with proper rewarding.

3. Students subject to commendation and disciplinary actions:

Those subject to commendation are model students who fulfill duties as stipulated by the Ministry. Those subject to disciplinary actions are students who commit relatively serious mistakes, violating rules on duties of students as stipulated by the Ministry.

II. Form of commendation:

The Ministry shall instruct the implementation of commendation as follows:

1. Commendation before class

Those who do good in this area or the other during the execution of their duties in each month or term through the following expressions shall be given commendation before class.

a) Showing good expressions and moral behaviors as follows:

Be enthusiastic about helping friends in learning and daily activities, have a spirit in fighting negative expressions in learning and daily activities; actively participate in the protection of social order and law, return dropped objects to their owners, have good attitudes toward people...

b) Show good expressions in learning such as:

Achieve good school performance outcomes in a month (All exams conducted orally, on a 15-minute, 45-minute basis achieve 7 points and over)

- Be hard-working, overcome difficulties to move forward and show a great progress in learning.,

- Be enthusiastic about helping students with poor performance outcomes to better themselves and achieve an obvious progress in learning...

c) Show good expressions in assigned labor such as:

Actively take part and complete assignments successfully in labor activities organized by schools (punctuality, adequate tools, sense of discipline and productivity in labor...)

d) Actively take part and accomplish good results in activities of performance, sports, construction of team, class collectives...

In addition to good expressions above, any student who shows a similar good expression in other areas shall be considered for being moved up a class.

Commendation before class shall be carried out by head teachers on behalf of headmasters with praises being given.

As for primary students, in addition to aforementioned manner of commendation before class, the two manners below are also applied:

* Commendation paper:

1^st and 2^nd graders shall be awarded commendation papers if they can show either of the following strong points:

- Be studious and have achieved great outcomes in academic activity.

- Be well-behaved toward teachers and people in families and society.

- Show quick progress in learning, correction of shortcomings in behaviors and lifestyles.

Such manner of commendation shall be considered and executed on a monthly basis, and shall be informed to headmasters for monitoring.

*  Enter names on the class' roll of honor

Name of any primary student who strives to make either of the following achievements shall be entered on the class’ roll of honor:

- Make remarkable achievements in all educational areas

- Make outstanding achievements worthy of a class role model in each educational area... Such manner of commendation shall be considered and executed on a two-month basis, from 3 to 5 students each, and shall be informed to headmasters for monitoring.

2. Commendation before school:

For those who do good in this area or the other during the execution of their duties at higher level deserving to be shown as a good example before school, head teachers shall be responsible for sending proposal to headmasters for commendation before school as a way to exert general effects.

Commendation before school shall be decided and implemented by headmasters Manner of commendation can be done by either praises or praises and commendation certificate combined.

3. Titles “Good students” shall be awarded to those who have strived to accomplish good and over grades in educational areas after each term or school year according to applicable regulations on grading in all educational areas.

Head teachers shall be responsible for making a list of students who have achieved “Good students” titles and reporting to headmasters for decision and awarding commendation certificates. Depending on financial resources, reward presentation ceremony can be organized before class or school.

4. Titles “Good students” shall be awarded to those who have strived to accomplish excellent grades in morality, labor, physical education, sanitation, military practices and awareness under applicable regulations on grading in all educational areas.

Head teachers shall be responsible for making a list of students who have achieved “Excellent students” titles and reporting to headmasters for decision and awarding commendation certificates. Depending on financial resources, reward presentation ceremony can be organized before class or school.

5. Entered on the school’s roll of honor shall be names of students who have shown their exceptional abilities in learning, moral improvement and practice, labor activities, physical education, and students who are specially active in participating in collective activities and social works...at all levels, including primary level. Such students shall be listed and reported by head teachers to headmasters for decision about commendation and their names shall be entered on the school’s roll of honor at the end of term and school year.

6. Titles “Exceptional students” shall be awarded to students who have repeatedly achieved “Good students” titles at the end of each level or individual grades. Such students shall be listed and reported by head teachers to headmasters and educational council for selection and submitting proposal to educational management agencies at higher level for awarding commendation certificate or rewards. Exceptional students from lower secondary schools shall be collected, classified and selected by the Educational Office. Exceptional students from upper secondary schools shall be collected, classified and selected by upper secondary schools themselves and submitted to the Services of Education for decision about commendation for exceptional titles and at the same time awarding commendation certificate or rewards.

7. Special commendation:

a) Students who achieve excellence in excellent student selection examinations in cultural subjects at district, municipal, provincial and national levels shall be considered for special commendation under the following regulations:

- Students who win prizes at district level shall be commended and granted rewards by the Educational Office of the district.

- Students who win prizes at municipal and provincial levels shall be awarded commendation certificate by the Services of Education and rewards by people’s committees of districts...

- Students who win prizes at national level shall be awarded commendation certificate by the Ministry of Education and rewards by municipal and provincial people’s committees under the Center.

- Students in the national student team taking part and wining championships in international examinations for excellent students shall be awarded commendation certificate and rewards by the Ministry of Education.

b) Students who win sports contests at “National Phu Dong Sports Festival” and technical labor contests at “Technical Craftsmanship Competition” at district and provincial levels shall be awarded commendation certificate and rewards by the Services of Education.

c) Students with special or unexpected achievements (show bravery in rescuing people in danger, struggling to protect national properties, fighting misconduct, national disaster, epidemics, have some invention in science and technology...), depending on meaning and extent of impact, headmasters shall grant commendation or send proposal to educational management agencies (Educational Office, the Services of Education and Ministry of Education) for commendation.

III. Disciplinary actions:

According to the Ministry’s regulations, disciplinary actions on students committing violations while exercising their rights and duties take the following forms:

1. Giving reprimands before class

Students committing either of the following violations while exercising school rules, rights and duties of their own shall be reprimanded before class:

- Be absent from school three classes and over in a month without leave

- Fail to do homework or lesson preparation three times and over in a month.

- Be absent from school three classes and over in a month without leave

- Use bad language, gambling (betting on the last two numbers of the first prize (national lottery), smoking cigarettes...

- Commit the following violations only once but its effect is exerted powerfully upon the school’s comprehensive education: cheating in exams, having uncultivated attitudes or immoral behaviors toward teachers, parents, friends and people around, causing disunity among class groups and teams, screening or conniving in wrongdoings by friends, failing to report such wrongdoings to headmasters for punctually taking appropriate prevention measures or reviewing other violations of similar nature and adverse effects.

- Decision about giving reprimands before class shall be made by head teachers after consulting with officers of Communist youth branch and class monitors and shall be announced early in weekly class activities, then informed to headmasters for monitoring.

2. Giving reprimands before the student disciplinary panel:

- Students committing either of the following violations while exercising school rules, rights and duties of their own shall be reprimanded before the student disciplinary panel:

- Committing one of the previously reprimanded violations repeatedly

- Commit the following violations only once but its effect is exerted powerfully upon the school’s comprehensive education: pilferage of books, pens, money, jewelry... from friends, teachers, parents, and people around, being fond of picking up a quarrel and exchanging blows with friends and people outside of schools, spreading bad public opinions and untruthful rumors; joining propaganda about superstition; listening, watching or spreading music, movies or reading materials containing negative contents; or commit other violations of similar nature and adverse effects.

- In case students commit such violations but their effects are not so powerful as to be reprimanded before the student disciplinary panel as repeating one of the previously reprimanded violations, head teachers may consult with officers of youth branch, class monitors for sending proposal to headmasters for decision about reprimands before class. Head teachers need to inform the class and parents about the violation for cooperation.

- Giving reprimands before the student disciplinary panel shall be considered and proposed by the student disciplinary panel to headmaster for decision and execution.

3. Warning before school:

- Students committing either of the following violations while exercising school rules, rights and duties of their own shall be given warning before school by the student disciplinary panel:

- Not only fail to correct the misbehavior previously reprimanded by the student disciplinary panel but repeat it.

- Repeatedly play truant, cut classes, evade work or cheat in exams.

- Commit violations only once but its adverse effect is all-pervasive such as stealing or robbery inside and outside of schools; have rude words or misbehaviors toward teachers; tease or have uncivil words toward women and foreigners; show obvious signs of disturbing order and security; get detained by police; participate organized exchanges of blows or commit other violations of similar nature and adverse effect.

- Disciplinary action as warning before school shall be proposed by the student disciplinary panel. Decision and execution shall be made by headmasters. Such disciplinary action shall be recorded in students' school reports and informed to parents.

4. One-week expulsion from school

- As for students who commit misbehaviors previously reprimanded before school but show no remorse or correction exerting negative effects upon other students; or commit violations for the first time but their adverse effects are found serious, hurting reputation, honor of schools, teachers and students... such as theft, mugging, ignite and organize exchanges of blows inflicting injuries on others,...or commit other violations of similar nature and effect, the student disciplinary panel shall consider a proposal to headmasters for decision and disciplinary actions, and at the same time report to educational management agencies for monitoring.

- This form of disciplinary action shall be recorded in students' school reports and informed to parents for cooperation.

- During the expulsion, if students show signs of real remorse or deep acknowledgement of their misbehaviors and prove a great determination to make correction for advancement, headmasters may consider and decide their return to school after the expulsion. Such expulsion period shall be considered as leave of absence if their return to school is accepted.

- During such one-week expulsion, if students not only show no sign of real remorse for their misbehaviors and determination to make correction but also commit more violations, the student disciplinary panel shall consider to send proposal to headmasters for one-year expulsion.

- Concerned families shall be responsible for managing and educating such students during the expulsion.

5. One-year expulsion from school

- Students who commit either of the following violations shall be suggested by the student disciplinary panel to headmasters for one-year expulsion from school, shall be recorded in school reports and informed to families, and at the same time shall be delivered to families, youth unions and local authorities for further education.

- Not only show no sign of real remorse and determination to correct misbehaviors resulting in one-week expulsion but also commit more violations,

- Commit a serious violation only once but such action is found intentional and self-motivated, resulting in pervasive adverse effects and posing danger to social properties and human lives such as participation in organized theft, mugging, debauchery and reactionary...use of weapons (knives, bayonets, guns, grenades...), organize exchanges of blows inflicting injuries on others, get detained by police for criminal acts outside of school or commit other violations of similar nature and effect.

- After a penalty for one-year expulsion takes effect, the school has to formulate adequate documentation and report immediately to Educational Office (with respect to lower secondary school students) and to the Services of Education (with respect to upper secondary school students) for monitoring.

- After one year of expulsion is served, if finding that conditions of age are met and returning to school is desirable, punished students may submit application to old school for consideration and such application must be accompanied by confirmations from local authorities (wards, communes, hamlets...) on the student's self-improvement, and undertakings from families on educating such students.

- In addition to forms of discipline mentioned above, to ensure pedagogy and earnestness of teaching and learning in classes, subject teachers may temporarily suspend learning and report to headmasters on any student who commits either of the following violations: have rude words or discourteous attitudes toward teachers; ignite exchanges of blows with other classmates; cause disturbance in class despite being advised and warned by subject teachers...such students shall be forced out of class until the following period.

IV. Commendation and disciplinary actions

A. Documentation of commendation

1. Documentation of students who are granted commendation certificate and recorded in the class’ roll of honor (with respect to primary school students) shall include a list of students being granted commendation certificate and entered on the class' roll of honor by the head teacher.

2. Documentation of students praised before class include:

- Head teachers’ proposals

- Headmaster’s comments and decision

3. Documentation of students praised before school include:

- Head teacher’s summary report on students’ achievements and proposals to headmaster for commendation

- Papers, documents related to achievements made by students proposed for commendation comprise an official dispatch from units, agencies or unions to the school on the student’s achievement in protection of national properties or some commendation certificate or a press article depicting such student’s honest deed of returning dropped object to its owner...)

- Headmaster’s commendation decision accompanied by a list of students subject to commendation.

4. Documentation of students achieving titles “Good students”, “Excellent students”, and students whose names are entered on the class’ roll of honor comprise:

- List of students achieving titles “Good students” and “Excellent students” (according to standards regulated by the Ministry of Education) after each term or school year.

- List of students on the class’s honor proposed to headmasters for decision about form of commendation accompanied by head teacher’s comments.

- Headmaster’s commendation decision accompanied by a list of commended student mentioned above

5. Documentation of students achieving titles “Exceptional students” comprise:

- List of students achieving title “Exceptional students” (according to standards regulated by the Ministry of Education) to be selected and proposed by headmasters and educational council to educational management agencies for commendation.

- Minutes of selection and educational council’s proposing comments to higher levels

- Educational management agency’s commendation decision accompanied by a list of commended student

6. Documentation of students subject to special commendation:

a) Students wining prizes in excellent student selection examinations comprise:

- List of students who have won prizes in excellent student selection examinations at district, municipal, provincial, special zone and national levels on cultural subjects, physical educations at “National Phu Dong Sports Festival”, and contests in ergonomics at “Technical Craftsmanship Competition” of all levels.

- Commendation decision issued by educational management agency of all levels and reward granting decision (if any) by authorities of all levels.

b) Students participating in international examinations comprise:

- List of students from the national excellent student team participating in international examinations.

- The Ministry of Education’s commendation decision

c) Students making special and unexpected achievements comprise:

* Commendation at school:

- List of students making special and unexpected achievements accompanied by particular achievement table of individual students.

- Headmaster’s commendation decision

* Commendation from upper level:

- List of students making special or unexpected achievements (accompanied by particular achievement table of individual students) to be proposed to educational management agencies for commendation.

- Educational management agency’s commendation decision

B. Documentation of disciplinary actions (Forms of disciplinary actions from reprimands before the student disciplinary panel and over)

1. When finding any student committing misbehaviors from level of reprimands before the student disciplinary panel and over, head teacher should document and report immediately to headmaster and the student disciplinary panel for inspection and enforcement of disciplinary actions. Doing such shall help exert strong influence on all students in general and at the same time report should be sent to concerned parents for cooperation with the school in educating and correcting their misbehaviors.  

Documentation of students committing such misbehavior includes:

- Admission made by misbehaving students (after consulting with collectives of the class where misbehaving students learn) accompanied by materials or exhibits (if any)

2. Consideration for disciplinary actions

- Based on considerations and proposals for disciplinary actions made by head teacher and depending on nature and severity of violations committed by individual students, the student disciplinary panel shall decide forms of discipline as appropriate (from level of reprimands before the student disciplinary panel and over).

- The student disciplinary panel comprises headmasters, representatives of Communist Youth Union of Ho Chi Minh City or Ho Chi Minh Young Pioneer Organization of the school, head teachers of misbehaving students and two teachers having experience in education and being appointed as executive members of the panel by council of ethical education.

- Headmasters shall chair meetings with the student disciplinary panel and a private meeting shall be held among members of the panel for voting on a discipline. Method of voting is secret ballot. Parents and misbehaving students shall be invited to the meeting held by the student disciplinary panel for being informed of misbehaviors committed by such students. No one is invited during a private meeting to vote on a discipline. As for expulsion, at least two third of the vote is in favor. As for complicated cases, they should be brought before the school’s educational council for discussion and solution before the student disciplinary panel sits down and votes.

- Minutes of private meeting shall be delivered immediately to the headmaster for examination and decision about a form of discipline. If the headmaster does not agree with the student disciplinary panel, the Office of Education (lower secondary level), or the Services of Education (upper secondary level) should be reported immediately for consideration, decision and the result should be informed immediately to misbehaving students and parents.

3. Time limit for consideration of discipline

- On a monthly, end-of-term, end-of-school year basis.

- Unexpected consideration may be carried out to enforce discipline punctually to improve education in general and quickly restrict adverse effect of the misbehavior.

4. Claimant’s rights of students and parents

Students and parents are entitled to claim their own disciplines from the form of warning before school and over within a period of one week since notice of discipline is released.

a) If forms of discipline such as warning before school or one-week expulsion are given, lodge a complaint with the school. Headmaster shall review the case and reply immediately to the person concerned within a period of three days since the complaint is received. Upon finding any mistake arising from discussion for discipline, the headmaster shall convene the student disciplinary panel immediately for discussion and consideration of the case as appropriate within a period of one week since the complaint is received.

b) If form of one-year expulsion is given, complaints can be lodged with the school or educational management agency (Office of Education with respect to primary and lower secondary level; the Services of Education with respect to upper secondary level)  The headmaster shall review the case and reply immediately to the person concerned within a period of three days since the complaint is received. Upon finding any mistake arising from discussion for disciplinary action, the headmaster shall convene the student disciplinary panel immediately for discussion and consideration of the case as appropriate within a period of one week since the complaint is received.

Upon receipt of the complaint lodged by students and parents, the Office, Services of Education shall review the case and reply immediately to the person concerned within a period of fifteen days at the latest since the complaint is received.

V. Helping disciplined students to correct misbehaviors, get mitigation or clearance of punishment 

As for disciplined students, head teachers, subject teachers, Ho Chi Minh Young Pioneer Organization, Communist Youth Union of Ho Chi Minh City and class collectives shall be responsible for keeping a close watch on and actively helping train and correct their misbehaviors for advancement.

1. At the end of school year, the student disciplinary panel, under control of the headmaster, shall hold a meeting to decide mitigation or clearance of punishment for disciplined students in a year if such students show signs of real remorse and advancement. Students and parents are invited to such meetings except private meetings held by the student disciplinary panel to vote on clearance of disciplinary action. Such voting shall be carried out by means of secret ballot and under the majority rule. Decision about mitigation or clearance of punishment shall be announced at the place where the disciplinary action is enforced and be informed immediately to students and parents.

Documentation for mitigation or clearance of punishment

a) Records of disciplined students’ progress in correcting misbehaviors and level of advancement

b) Proposals for mitigation or clearance of punishment made by head teacher after consulting with class collectives of disciplined students.

2. Making disciplinary comments on school reports shall be done at the end of school year after the student disciplinary panel has held a meeting to decide mitigation or clearance of punishment for disciplined students and record a new disciplinary action (in case of mitigation) or no disciplinary action at all (in case of clearance). Only disciplinary actions from warning before school and over are recorded in school reports.

Only students disciplined from warning before school and over are considered for clearance by the student disciplinary panel. For example:

Student A, in the first term, committed a violation and was disciplined before school by the student disciplinary panel. At the end of the school year, after striving to correct his/her misbehaviors for advancement, the disciplinary action incurred by such student was mitigated to reprimands before the student disciplinary panel. Thus, the disciplinary action as warning before school was not recorded in school reports.

Decisions to mitigate or clear disciplinary action with respect to disciplined students shall be informed to student parents for cooperation in encouraging students to continue advancement. 

VI. Documentation of commendation, disciplinary actions, mitigation or clearance of punishment

1. Documentation of commendation

- Documentation of students granted commendation certificates, whose names entered on the class’ roll of honor, or commended before class shall be kept in the class’ record book during their learning in primary schools.

- Documentation of students commended before school, granted title “Good student,” or “Excellent students”, “Exceptional students”, students whose names are entered on the school' roll of honor, students granted special commendation....shall be kept permanently in school.

2. Documentation of disciplinary actions, mitigation or clearance of punishment should be appropriately and permanently protected (with respect to students disciplined by the student disciplinary panel) and kept in the class’ record book during their learning in school (with respect to students reprimanded before class by head teachers)

The foregoing is a guidance on commendation and disciplinary actions in schools which is uniform across the country from the school year 1987-1988. Previous documents, guidance which go against this guiding circular shall be abrogated.

All educational establishments shall be responsible for spreading this circular quickly and adequately to schools for execution.