Conditions to teach extra classes in Vietnam

(Regulations on extra classes according to Circular 29/2024/TT-BGDDT)

Extra class means a class in addition to the period specified in an education plan for a subject or educational activity included in the general education program or continuing education program for lower secondary education or upper secondary education issued by the Minister of Education and Training. Recently, on December 30, 2024, the Ministry of Education and Training issued Circular 29/2024/TT-BGDDT on extra classes. This Circular will officially take effect on February 14, 2025, with many new points compared to the current regulations in Circular 17/2012/TT-BGDDT. In this article below, Viet An Law Firm will update the conditions to teach extra classes in Vietnam according to Circular 29/2024/TT-BGDDT.

Teachers are only allowed to teach extra classes when students wish to attend the class and their parents give consent

According to Clause 1, Article 2 of Circular No. 29/2024/TT-BGDDT, the principle of voluntariness for extra classes is regulated as follows:

• Student need: Extra classes are only allowed to be organized when students truly have a need, meaning they are not mandatory from the teacher or school.
• Student voluntariness: Students must voluntarily attend, meaning there is no pressure or coercion from anyone.
• Parental consent: In addition to the student’s voluntariness, the parents or guardians must also give consent. This ensures that extra classes are suitable for the family’s circumstances and the student’s interests.

This is a new principle compared to Circular 17/2012/TT-BGDDT. This new regulation emphasizes that on-campus or off-campus extra classes are voluntary and meet the needs of students and parents. This viewpoint is consistent and brings many benefits for students, especially regarding extra classes at various educational levels always receive concerning.

In addition, the new regulation states: “The school/organization/individual organizing the extra class must not force students to attend the class by any form”. This regulation prohibits schools, organizations, or individuals from coercing students to attend extra classes, which helps prevent exploitation of students for profit, or the creation of an unfair educational environment. Forcing students to attend extra classes could lead to negative consequences such as increased academic pressure, reduced creativity, and loss of freedom for students.

Are teachers allowed to teach on-campus extra classes?

Teachers can teach on-campus extra classes but cannot charge fees

Previously, Clause 1, Article 7 of Circular 17/2012/TT-BGDĐT regulated the collection and management of on-campus extra class fees as follows:

• The tuition fee is collected to compensate teachers directly involved in extra classes, manage extracurricular teaching and learning, and cover electricity, water, and maintenance costs for the facilities serving extracurricular activities;
• The tuition fee level is agreed upon between parents and the school;
• The school is responsible for the collection, spending, and transparent accounting and payment of the extra class fees through the school’s accounting department; teachers engaged in extra teaching do not directly manage the collection or spending of these fees.

According to the new regulation in Clause 1, Article 5 of Circular 29/2024/TT-BGDDT, “it is not allowed to collect tuition fees from students who attend an on-campus extra class, and the extra class is only available for the students to register separate subjects”.

Thus, while the previous regulation allowed for charging tuition fees for on-campus extra classes based on an agreement between parents and the school, according to the new regulation starting from February 14, 2025, no fees can be charged for on-campus extra classes.

This new regulation aims to reduce the financial burden on parents and students, avoid situations of non-transparent or abusive extra class fee collection, and prevent fee exploitation. It also helps ease financial management issues in schools related to extra classes.

Only three cases are allowed to teach on-campus extra classes

One of the regulations about extra classes, according to Circular 29/2024/TT-BGDDT, is that starting from February 14, 2025, on-campus extra classes will only be available to students who register for separate subjects as follows:

• Students whose academic results in the immediate prior semester are not satisfactory;
• Students selected by the school for nurturing talented students;
• Final-year students voluntarily register for entrance exam review and graduation review according to the school’s educational plan.

Thus, under the previous regulation in Article 5 of Circular 17/2012/TT-BGDDT, each student who wishes to take an extra class shall apply for taking extra classes to the school, and the parents shall sign a commitment to participate in on-campus extra classes. However, under the new regulation, only the three cases mentioned above can register for on-campus extra classes by separate subject.

The new regulation clarifies that extra classes will not be applied broadly to all students but only to those with a specific need and according to clearly defined criteria (based on academic results, ability, or exam review needs).

Timetables and extra classes must not be scheduled in an alternating pattern

In point b, Clause 4, Article 5 of Circular 29/2024/TT-BGDĐT, the new regulation regarding class scheduling states: “b. Timetables and overtime teaching hours must not be scheduled in an alternating pattern and it is not allowed to teach the knowledge in the school program ahead of time according to the school’s education plan”.

This regulation is expected by many parents to put an end to schools scheduling extra classes and timetables in an alternating pattern to force students into extra learning sessions.

Conditions to teach extra off-campus classes in Vietnam

Off-campus extra classes must be registered for business operation

Off-campus extra classes refer to teaching activities not organized by the regulated school. According to Clause 1, Article 6 of Circular 29/2024/TT-BGDĐT, organizations or individuals organizing off-campus extra classes and charging fees for these classes must meet the following conditions:

• Register for business operation according to legal provisions;
• Publicize on websites or post at the locations where off-campus extra classes are based about:
  • The subjects for which extra classes are organized;
  • The duration of extra class for each subject by grade;
  • Locations, forms, and times for organizing extra classes;
  • The list of extra class teachers and fees before enrollment in the extra classes.

Thus, one of the new noteworthy points about off-campus extra classes from February 14, 2025, is that they must be registered for business operation under the law.

To prevent unlicensed individuals or organizations from operating extra classes, the business registration requirement ensures that these facilities comply with legal regulations, protecting the rights of students and families, as well as ensuring safety and teaching quality.

This also creates a more tightly regulated off-campus educational environment, reducing the prevalence of illegal or unlicensed extra classes.

Schools’ teachers who teach off-campus extra classes shall report to the Presidents of such schools

Clause 3, Article 6 of Circular 29/2024/TT-BGDĐT states: “Schools’ teachers who teach off-campus extra classes shall report subjects, locations, forms and time to Presidents or Directors or Heads of such schools (hereinafter referred to as “Presidents”)”.

Thus, the new regulation increases the president’s responsibility for managing teachers under their supervision who participate in off-campus extra classes. This reporting helps the school:

• Ensure that teachers do not abuse extra classes to the detriment of their regular teaching quality. Educational institutions can verify whether teachers can maintain their job quality at school while participating in extra classes.
• Minimize the risk of teachers neglecting their primary duties or prioritizing extra teaching for personal gain over their official teaching responsibilities.
• Ensure that teachers participating in extra classes are fully informed and do not engage in illegal activities.
• This regulation also reflects the cooperation between the school and teachers in managing extracurricular teaching activities.

New regulation on managing the off-campus extra classes collected tuition fees

In Clauses 2 and 3, Article 7 of Circular 29/2024/TT-BGDDT, it is stated: Tuition fees for off-campus extra classes shall be agreed upon by parents and extra class-organizing institutions. Tuition fees shall be collected, managed, and used in accordance with regulations of laws on finance, budget, property, accounting and tax, and other relevant regulations.

• Thus, unlike the collection of fees for on-campus extra classes, extra class-organizing institutions have the right to charge fees from students and parents, but the fee must be agreed upon by parents, students, and the extra class-organizing institutions.
• Additionally, teachers of extra classes at licensed facilities must fulfill tax obligations as per the law. This ensures that extra class fees are managed and used appropriately and legally, preventing abuse or exploitation for profit.

Above are some noteworthy points regarding conditions to teach extra classes in Vietnam according to Circular 29/2024/TT-BGDDT. The changes in the regulations on extra classes, effective from February 14, 2025, reflect a strong adjustment in educational policy, aiming to ensure fairness and minimize the current issues in the organization of extra classes. Parents, teachers, and institutions with questions or specific consultation needs about conditions to teach extra classes in Vietnam, please contact Viet An Law Firm for the best advice and support!