Thông tư 17/2012/TT-BGDDT

CIRCULAR

PROMULGATING REGULATIONS ON EXTRA CLASSES

Pursuant to the Law on Education dated June 14, 2005 and Law on amendments to the Law on Education dated November 25, 2009;

Pursuant to the Government's Decree No. 178/2007/ND-CP dated December 03, 2007 defining the functions, tasks, powers and organizational structure of Ministries and ministerial agencies;

Pursuant to the Government's Decree No. 32/2008/ND-CP dated March 19th 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006 providing guidance on the Law on Education; the Government's Decree No. 31/2011/ND-CP dated May 11, 2011 on the amendments to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006 providing guidance on the Law on Education;

Pursuant to Decree No. 115/2010/ND-CP dated December 24, 2010 of the Government on the roles of regulatory agencies in education;

At the request of Director of Department of Secondary Education,

The Minister of Education and Training promulgates a Circular on extra classes as follows:

Article 1. Promulgating together with this Circular a Regulation on extra classes.

Article 2. This Circular comes into force from July 1, 2012. This Circular replaces Decision No. 03/2007/QD-BGDDT dated July 31, 2007 of the Minister of Education and Training on extra classes.

Article 3. The Chief officers, Director of Department of Secondary Education, Director of Department of Elementary Education, Director of Department of Continuing Education, Heads of relevant agencies affiliated to the Ministry of Education and Training, Presidents of the People’s Committees of central-affiliated cities and provinces, Directors of Services of Education and Training shall implement this Circular./.

REGULATION

ON EXTRA CLASSES
(Issued together with Circular No. 17/2012/TT-BGDDT dated May 16, 2012 of the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Regulation deals with extra classes with fees, including: requirements, application and procedures for organization of extra classes; application and procedures for issuance of license to hold extra classes (hereinafter referred to as the license); roles of regulatory agencies in monitoring of extra classes; inspection and actions against violations.

2. This Regulation applies to teachers who conduct extra classes (hereinafter referred to as teachers), students who take extra classes (hereinafter referred to as students), organizations or individuals that hold extra classes (hereinafter referred to as extra class providers) and relevant organizations or individuals. Tuition for students with weak learning capacity or advanced tuition for students with good learning capacity that are provided by the institution under their responsibility without fees shall not be considered extra classes.

Article 2. Interpretation of terms

1. For the purposes of this Regulation, extra classes means additional classes that are provided for learners with fees, of which contents base on compulsory education programs but not included in the education plan of compulsory education issued by the Ministry of Education and Training.

2. Internal extra classes means extra classes held by a public educational institution (including: compulsory education institutions; vocational training centers; continuing education centers; community learning centers; foreign language and IT centers, hereinafter referred to as institutions).

3. External extra classes means extra classes not held by the institutions prescribed in Clause 2 of this Article.

Article 3. Rules for extra classes

1. Extra classes must help to broaden knowledge, skills and character education of students, be suitable for psychological and physical characteristics and not beyond the acquisition of learners

2. It is not allowed to reduce the curricular contents of compulsory education program and add them to extra classes; and provide the curricular contents in the extra classes in advance.

3. Students taking extra classes are students who intend to attend extra classes with the consent of their families; it is not allowed to compel students or students’ families to attend extra classes.

4. It is not allowed to provide extra classes according to the curricular classes; students in the same extra class shall have the same learning capacity; the students are admitted to the extra classes according to their learning capacity.

5. Extra class providers shall be responsible for their registration and application for the license.

Article 4. Banned extra classes

1. Extra classes shall not be provided for students who have attended curricular classes for 2 sessions per day.

2. Extra classes shall not be provided for elementary students, except for extra-curricular activities: arts, sports, or life skills.

3. Higher education institutions, colleges, junior colleges and vocational schools are banned from hold extra classes with compulsory education contents.

4. A teacher receiving salaries from wage-fund of public service agencies is banned from:

a) Holding external extra classes unless he/she conducts external extra classes;

b) Conducting external extra classes for students who are in his/her curricular classes without the permit of the Head of his/her superior agency.

Chapter II

HOLDING EXTRA CLASSES

Article 5. Holding internal extra classes

1. Each student who wishes to take an extra class shall submit an application for taking extra classes to the institution; his/her parents or guardian (hereinafter referred to as parents) shall append their signatures and write a commitment, and adhere to such commitment.

2. The principal of the institution shall receive the application from the student, categorize him/her to an appropriate group of students by his/her learning capacity, assign teachers and hold extra classes according to each group of students.

3. Each teacher intending to conduct extra classes shall submit a registration of conducting extra classes which commit to fulfill all duties of a teacher as specified in general regulations and other duties assigned by the institution and seriously comply with regulations on extra classes in the institution.

4. The principal shall consider approving the list of teachers, assign teachers and establish timetables for extra classes appropriate to the students’ learning capacity.

Article 6. Holding external extra classes

Each extra class provider obtaining the license shall:

1. Submit a commitment to comply with regulations on external extra classes and ensure the order, security and environment hygiene to the People’s Committee of commune, ward or town (hereinafter referred to as commune) where the extra classes are situated.

2. Publish the following documents at the location of extra classes before and during the operation of the extra classes:

a) The license;

b) A list of teachers;

c) A timetable of extra classes;

d) Fees for extra classes.

Article 7. Collection and management of fees for extra classes

1. Regarding internal extra classes:

a) The fees for extra classes shall be collected to pay remuneration for teachers who are taking or monitoring extra classes of the institution, to pay bills for electricity, water and facility repair that serve the extra classes;

b) The fees for extra classes shall be agreed by the students’ parents and the institution;

c) The institution shall receive receipts, pay expenditures and make declaration of fees for extra classes through the finance division of the institution; the teacher shall not directly receive receipts and pay expenditures in terms of fees for extra classes.

2. Regarding external extra classes:

a) The fees for extra classes shall be agreed by the students’ parents and the extra class provider.

b) The extra class provider shall comply with regulations on financial management of fees for extra classes.

Article 8. Requirements pertaining to teachers

1. Achieve standards equivalent to every education level as prescribed in the Law on Education.

2. Attain physical fitness.

3. Have good virtuous character, fulfill civil obligations, comply with regulations of law and fulfill assignments given by his/her workplace.

4. Not being liable to any disciplinary measure, criminal prosecution, imprisonment, non-custodial sanction, surveillance, subject to any education measure in the commune, a health facility or an educational institution; or not being disciplined in the form of dismissal.

5. Have contents prescribed in Clause 3 and Clause 4 of this Article certified by the head of superior agency or President of People’s Committee of the commune (for external teachers); or have contents prescribed in Point b, Clause 4, Article 4 of this Regulation permitted by the head of the superior agency (for internal teachers who receive salaries from the wage fund of public service agencies).

Article 9. Requirements pertaining to extra class providers

1. Achieve minimum standards equivalent to the teachers prescribed in Clause 1 Article 8 of this Regulation.

2. Attain physical fitness.

3. Not being liable to any disciplinary measure, criminal prosecution, imprisonment, non-custodial sanctions, surveillance, subject to any education measure in the commune, a health facility or an educational institution; or not being disciplined in the form of dismissal.

Article 10. Facilities

The facilities serving the extra classes must satisfy the requirements prescribed in Decision No. 1221/QD-BYT dated April 18, 2000 of the Ministry of Health on school hygiene and Joint Circular No. 26/2011/TTLT-BGDDT-BKHCN-BYT dated June 16, 2011 of the Ministry of Education and Training, the Ministry of Science and Technology and the Ministry of Health on guidelines for standards of desks and chairs for students in elementary schools, lower secondary schools and upper secondary schools, which satisfy the minimum requirements:

1. The location of extra classes must be safe for teachers and students, far from poisonous gases, smoke, dust, and noise, and far from major roads, craggy rivers, springs, waterfalls and rapids.

2. The average area of a classroom is at least 1.10 ^m2 per student with air ventilation, sufficient natural or artificial light, hygiene standards and preventive healthcare.

3. The size of students’ desks and chairs and their arrangement in the classroom shall comply with Joint Circular No. 26/2011/TTLT-BGDDT-BKHCN-BYT dated June 16, 2011.

4. There are anti-glare school boards whose size, color and hanging shall satisfy requirements prescribed in Decision No. 1221/QD-BYT dated April 18, 2000.

5. There are hygiene works and sanitary waste containers.

Chapter III

APPLICATION AND PROCEDURES FOR ISSUANCE OF LICENSES TO HOLD EXTRA CLASSES

Article 11. The power to issue licenses

1. Each President of the People’s Committee of province shall issue licenses or authorize the Director of the Service of Education and Training to issue licenses for extra classes having upper secondary program or extra classes having multiple programs of which the upper secondary program is the highest program.

2. Each President of the People’s Committee of district shall issue licenses or authorize the Head of the Committee division of Education and Training to issue licenses for extra classes having elementary or lower secondary program or extra classes having multiple programs of which the lower secondary program is the highest program.

Article 12. Application for issuance of license

1. Regarding internal extra classes:

a) An application for issuance of the license;

b) A list of teachers who meet requirements prescribed in Article 8 of this Regulation.

c) A plan for holding of extra classes that specifies: students, contents; location, facilities; fees and plan for expenditures, proposal for holding of extra classes.

2. Regarding external extra classes:

a) An application for the license, which commit the People’s Committee of the commune to comply with Clause 1 Article 6 of this Regulation;

b) A list of the extra class provider and teachers;

c) Applications for conducting extra classes with photos of the teachers and certification prescribed in Clause 5 Article 8 of this Regulation;

d) Valid copies of documents proving the qualification and pedagogical competence of the extra class provider and teachers;

dd) Health certificates issued by general hospitals of districts or higher administrative levels or by Medical Examination Council to the extra class provider or teachers;

e) A plan for holding of extra classes that specifies: students, contents, location, facilities, fees and plan for expenditures, proposal for organization of extra classes.

Article 13. Procedures for issuance of license

1. Each applicant shall prepare and send an application for the license to an authority competent to issue the license (hereinafter referred to as licensing authority).

2. The licensing authority shall verify the application and conduct a physical inspection of location and facilities of the extra classes.

3. Within 15 working days from the date on which the satisfactory application is received, the licensing authority shall either issue the license or reject the application in writing.

Article 14. Validity period, extension or revocation of license and suspension of extra classes

1. Each license shall be valid for up to 24 months from the day on which it is signed; within 1 month before its expiry date, it is required to apply for an extension of the license (if any).

2. Procedures for extension of the license shall be conducted similarly to those for issuance of the license.

3. The license shall be revoked if the extra class provider violates regulations on extra classes.

4. The extra classes shall be suspended if it has not been granted an extension upon the expiry date of the license.

5. Each licensing authority shall have the power to extend or revoke the license and suspend the extra classes.

Chapter IV

ROLES OF REGULATORY AGENCIES IN MONITORING OF EXTRA CLASSES

Article 15. Roles of People's Committees of provinces

1. Each People’s Committee of a province shall be responsible for monitoring of extra classes in the province.

2. Pursuant to this Regulation and relevant regulations, the People’s Committee of the province shall promulgate documents on extra classes. Documents on extra classes issued by the People’s Committee of the province shall contain at least the following contents:

a) Responsibilities of People’s Committees at all levels, education authorities and relevant agencies in terms of monitoring of extra classes in the province;

b) The power to issue license;

c) Collection, management and use of fees;

d) Inspection and actions against violations.

Article 16. Roles of Services of Education and Training

1. Act as a central agency which take charge and cooperate with relevant agencies and local governments in inspection of the People’s Committee of the province in terms of implementation of this Regulation; and shall be held accountable to the People’s Committee of the province for monitoring of the extra classes in the province as prescribed.

2. Issue the license as authorized by the People’s Committee of the province.

3. Organize or cooperate with relevant agencies in propagation and inspection of extra classes’ contents; prevent and take actions against violations within their competence and request the competent authority to take actions against violations.

4. Make a final report on extra classes’ monitoring and send it to the People’s Committee of the province and the Ministry of Education and Training upon the end of the school year or on request.

Article 17. Roles of People's Committees of districts

1. Issue licenses or authorize Committee division of Education and Training to issue licenses as prescribed by the People’s Committee of the province.

2. Monitor extra classes in the district as prescribed.

3. Direct the inspection of exhaust in the district to discover violations and take actions against them or request competent authority take actions.

4. Direct the People’s Committees of communes to certify the application for issue or extension of license to qualified organizations or individuals as prescribed in Articles 8, 9 and 10 of this Regulation.

5. Submit regular or irregular reports to the People’s Committee of the province or the Service of Education and Training as prescribed by the People’s Committee of the province.

Article 18. Responsibilities of Committee division of Education and Training

1. Issue the license as authorized by the People’s Committee of the district.

2. Monitor internal/external extra classes as prescribed by the People’s Committee of the province; be held accountable to the People’s Committee of district for monitoring of extra classes in the district.

3. Propagate and direct institutions and relevant organizations or individuals to implement regulations on extra classes.

4. Organize or cooperate with relevant agencies in inspection of extra classes’ contents; discover and take actions against violations within their competence and request the competent authority to take actions against violations.

5. Make a final report on extra classes’ monitoring and send it to the People’s Committee of the district and the Service of Education and Training upon the end of the school year or on request.

Article 19. Roles of Principals and Heads of educational institutions

1. Organize, monitor and inspect extra classes in the institutions; fulfill requirements pertaining to extra classes and respect rights and interests of teachers and students.

2. Monitor and organize curricular classes and follow rules for extra classes prescribed in Article 3 of this Regulation; monitor the examination, evaluation and ranking of students, certify requirements applicable to teachers as prescribed in Clause 5 Article 8 of this Regulation to prevent misconduct in extra classes.

3. Promptly take actions within their competence or request competent authority to take actions against extra classes’ violations.

4. Take responsibility for extra classes’ quality, monitor facilities, teaching materials, and fees for extra classes in the institutions.

Article 20. Responsibilities of external extra class providers

1. Comply with regulations on extra classes of the Ministry of Education and Training, the People’s Committee of the province and relevant regulations.

2. Monitor and respect rights and interests of teachers and students. Notify the licensing agency and announce students of suspension or termination of extra classes (if any) before at least 30 days. Refund amount of money received from students corresponding to amount of time in which the extra class is not taken, and pay remuneration to teachers and relevant organizations or individuals.

3. Monitor, reserve and present the following documents in the event of verification of documents on extra classes: application for issuance of the license; list of teachers; list of students; timetable; applications for taking extra classes made by students, and financial documents prescribed in regulations in force.

4. Undergo inspection of local governments and education authorities in implementation of regulations on extra classes; and submit regular reports to the superior agency.

Chapter V

INSPECTION AND ACTIONS AGAINST VIOLATIONS

Article 21. Inspection

Extra classes shall undergo inspection of education authorities, State inspection agencies, and specialized inspection agencies and the authorities.

Article 22. Actions against violations

1. Any educational institution, organization, or individual violate regulations on extra classes shall be, depending on the nature and extent of the violations, liable to administrative sanctions or criminal prosecution as prescribed.

2. Any head of agencies, organizations and units; officials and civil servants violating regulations on extra classes shall be disciplined as prescribed./.