Circular 29/2024 on supplementary teaching and learning is an important legal document that introduces new regulations to ensure the quality and transparency of supplementary teaching activities. This article will analyze the key contents of the circular to help readers understand the new regulations that come into effect in 2024.

1. Scope of Regulation and Applicable Entities (Article 1 of Circular 29/2024)

Circular 29/2024 regulates activities related to general education and continuing education, including:

• Principles for supplementary teaching and learning.
• Situations where supplementary teaching is not permitted or organized.
• Organization of supplementary teaching and learning.
• Responsibilities for managing supplementary teaching and learning activities.

The entities to which these regulations apply include:

• Supplementary teachers and learners.
• Organizations and individuals organizing supplementary teaching and learning.
• Relevant organizations and individuals.

2. Conditions for Organizing Supplementary Teaching

Requirements for Facilities (Article 3 of Circular 29/2024):

• Facilities must be suitable for the psychological and physical development of students.
• The safety and health of students must be ensured.
• Compliance with legal regulations on working hours and overtime is required.
• Compliance with laws related to security, order, environmental hygiene, and fire safety must be observed.

Teacher Qualifications (Article 6 of Circular 29/2024):

• Teachers must have good moral character.
• Teachers must possess the appropriate professional qualifications for the subject they are teaching.
• Teachers who work at schools and participate in supplementary teaching outside schools must report to the school principal regarding the subject, location, format, and schedule of supplementary teaching using Form No. 03 as outlined in the annex to Circular 29/2024.

Permission Application and Registration Process

To be authorized to conduct supplementary teaching, the organizer must follow specific steps depending on the type of organization. These steps are outlined in Article 6 of Circular 29/2024, Decree 01/2021/ND-CP, and the 2020 Enterprise Law:

Prepare a Business Registration File

Depending on the business type (individual enterprise, partnership, limited liability company, joint-stock company, or household business), the organizer must prepare the required documents for business registration.

Submit the Application to the Competent Authority

• At the provincial level: Submit the application to the Business Registration Department under the Department of Planning and Investment (hereafter referred to as the Business Registration Department). This department may have various locations for receiving applications and issuing results within the provincial area.
• At the district level: Submit the application to the Financial and Planning Department of the People’s Committee at the district level (hereafter referred to as the District Business Registration Authority).

Wait for Evaluation and Approval (Article 32 of Decree 01/2021/ND-CP)

• The person applying for business registration must submit their documents to the Business Registration Department at the location where the company is based.
• The Business Registration Department will enter the information into the National Business Registration Information System once the application meets all the necessary conditions.
• After receiving the application, the Business Registration Department will issue a receipt acknowledging the submission.
• After issuing the receipt, the Business Registration Department will thoroughly check and ensure the accuracy of the details in the business registration application, verifying its validity. All documents will be uploaded to the National Business Registration Information System.

Receive the Business License and Start Operations

Publicly:

Once the business registration is approved, the supplementary teaching facility must publicly disclose its details on the official website or display them at its premises as per Form No. 02 in the annex to Circular 29/2024.

For more details about the registration procedures and requirements, please refer to the article: Conditions and Requirements for Organizing Supplementary Classes According to Circular 29/2024.

4. Financial Management

The Circular clearly regulates the management of income and expenditures in supplementary teaching:

• Supplementary Teaching in Schools (Articles 5, 7, 13 of Circular 29/2024):
  • The funding for supplementary teaching within schools comes from state budgets and other legally approved financial sources as per the law.
  • Schools are prohibited from charging students for supplementary lessons organized within the school.
  • The school principal is responsible for managing and using the funds for supplementary teaching according to the regulations in Article 13 of Circular 29/2024.
• Supplementary Teaching Outside Schools (Articles 7, 14 of Circular 29/2024):
  • The tuition fees for supplementary lessons outside the school are determined through agreements between parents, students, and the supplementary teaching facility.
  • The collection, management, and use of supplementary tuition fees must comply with financial, budget, asset, accounting, taxation, and other related laws.

Key Notes:

Transparency and Agreement on Fees:

The supplementary teaching fees must be clearly disclosed and agreed upon, ensuring transparency for parents and students via the website, documents, or at the facility.

Valid Documentation for Transactions:

All collections and expenditures must be backed by valid documents to ensure transparency and prevent abuse.

Regular Financial Reporting:

To ensure effective management, organizations conducting supplementary teaching must report financial activities periodically to enable oversight, identify violations.

5. Supervision and Handling Violations

Supervision (Articles 8-13, 15 of Circular 29/2024):

• Inspection: Supplementary teaching activities are subject to inspection by government inspection agencies according to the law.
• Control: Supplementary teaching activities will also be monitored by:
  • Education management authorities.
  • State administrative agencies at all levels based on their jurisdiction.
• Management Levels:
  • The People’s Committees at all levels, the Department of Education and Training, and the Department of Education and Training of each district are responsible for overseeing and inspecting supplementary teaching activities in their respective areas.
  • The commune-level People’s Committees must cooperate with the Department of Education and Training and other related agencies to enforce the regulations on supplementary teaching in their jurisdiction.
• School Principals:
  • They are responsible for supervising teachers who work at the school when they engage in supplementary teaching outside the school. They must collaborate in monitoring and inspecting the supplementary teaching activities of these teachers.

Handling Violations (Articles 13, 14, 16 of Circular 29/2024):

Sanctions: Violators of supplementary teaching regulations will be penalized according to the law.

Responsibility for Handling Violations:

The head of the agency, organization, or unit with staff violating the supplementary teaching regulations must handle the violations as per the law.

The principal and facility must address violations or propose actions to authorities for further handling.

6. Conclusion

Circular 29/2024 establishes a strict legal framework for supplementary teaching activities. Adhering to these regulations ensures the protection of students’ rights, enhances educational quality, and contributes to building a transparent, fair, and sustainable educational environment.

Harley Miller Law Firm ”HMLF”

Head office: 14th floor, HM Tower Building, 421 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.

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