QUY ĐỊNH VỀ MỨC XỬ PHẠT ĐỐI VỚI CÁ NHÂN TỔ CHỨC DẠY THÊM NHƯNG KHÔNG ĐĂNG KÝ KINH DOANH / REGULATION

Legal situation:

Dear Lawyer, I would like to ask for your advice. I am currently running a private tutoring class at my home for high school students preparing for university entrance exams, and I charge tuition fees. However, I have not registered a business as required by the new regulations. Am I violating the law? If so, what are the penalties?

FDVN’s Opinion:

Thank you for submitting your inquiry to the FDVN Law Firm. In response to your request, after reviewing the relevant legal provisions, we would like to provide the following analysis:

According to Point a, Clause 1, Article 6 of Circular 29/2024/TT-BGDĐT regulations on extra classes:

“1. The organization/individual organizing off-campus extra classes and collecting tuition fees from students who attend such off-campus extra classes (hereinafter referred to as “extra class organizing-institution”) shall meet the following requirements:

a) Apply for business registration as per law;....”

According to the above regulation, individuals and organizations conducting paid tutoring activities must register a business. Currently, you can register your business in one of two forms: as a household business or a company.

For household businesses, according to Point c, Clause 1, Article 62 of Decree 122/2021/NĐ-CP, failing to register a household business when required by law may result in a fine ranging from 5,000,000 VND to 10,000,000 VND. This penalty applies to individuals. For organizations, the fine will be doubled compared to the penalty for individuals, as stipulated in Clause 2, Article 4 of Decree 122/2021/NĐ-CP.

For companies, if business activities are conducted in the form of an enterprise without registration, a fine may be imposed according to Point a, Clause 4, Article 46 of Decree 122/2021/NĐ-CP. Specifically, organizations may face a fine ranging from 50,000,000 VND to 100,000,000 VND, while individuals may be fined from 25,000,000 VND to 50,000,000 VND, as stipulated in Clause 2, Article 4 of Decree 122/2021/NĐ-CP.

This is the legal advice of FDVN Law Firm based on an analysis of the relevant legal provisions. We hope this advice is helpful to you.

Trần Văn Quý – FDVN Law Firm