Is it illegal for primary school students to take extra classes in Math and Vietnamese?

My nephew is in grade 1 this year. After class time, my sister also let him take many extra classes. After 4:30 p.m from school, he has to learn Math at Ms. N's house at 5:00 p.m, and learn Vietnamese at Ms. C's house at 7:00 p.m. This makes my nephew tired and scared whenever he must study. So I want to know if it is illegal for primary school students to study like that.

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Article 4 of Circular No. 17/2012/TT-BGDDT on extra classes:

“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 holding 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 permission of the Head of his/her superior agency.”

Accordingly, primary school students fall into the case of no extra class, except for extra-curricular activities: arts, sports, or life skills. In this case, Math and Vietnamese are the main subjects. Therefore, the opening of extra classes for Ms. N and Ms. C is illegal.

For acts of opening extra classes for primary school students, the teacher may be fined from VND 2,000,000 to VND 4,000,000 according to Clause 1 Article 7 of Decree No. 138/2013/ND-CP on sanctioning administrative violations in the education domain as follows:

“Article 7. The violations against the regulations on extra-teaching

1. With regard to the violations against the regulations on extra-teaching:

a) Fines from VND 1,000,000 to VND 2,000,000 shall be imposed for teaching with facilities unconformable with the regulations;

b) Fines from VND 2,000,000 to VND 4,000,000 shall be imposed for teaching the subjects unconformable with the regulations;

c) Fines from VND 4,000,000 to VND 6,000,000 shall be imposed for teaching the contents unconformable with the regulations;

d) Fines from VND 6,000,000 to VND 12,000,000 shall be imposed for extra-teaching without permission.”

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra - FDVN Law Firm

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