Circular 29/2024 outlines the necessary conditions and requirements for organizing supplementary classes to ensure educational quality and protect students’ rights. These requirements include teacher qualifications, facilities, and class registration procedures. The circular also regulates schedules, financial management, and the responsibilities of organizations and individuals involved in supplementary teaching. Its goal is to create a safe, effective learning environment that safeguards student rights and ensures fairness in supplementary teaching activities.

1. Basic Conditions for Organizing Supplementary Classes

I. Conditions for Supplementary Teaching within Schools (Article 5)

Eligible Students for Supplementary Classes:

  • Students whose academic performance in specific subjects at the end of the previous semester did not meet expectations.
  • Students selected for advanced training or participation in academic competitions.
  • Final-year students voluntarily register for entrance exam preparation or graduation exam review per the school’s educational plan.

Organizational Procedures:

  • Schools must have students in the above categories submit a written application for supplementary classes by subject and grade level (Form No. 01).
  • Based on the number of registered students, the school will develop a plan to organize supplementary teaching for each subject and grade level.

Regulations on Classrooms and Timetables:

  • Supplementary classes are organized by subject, with no more than 45 students per class.
  • Supplementary classes must not overlap with the regular curriculum schedule, and no content should be taught ahead of the official program.
  • Each subject may only have up to two extra lessons per week.

Public Information Disclosure:

  • Plans for organizing supplementary classes must be publicly posted on the school’s official website or displayed within the school premises.

II. Conditions for Supplementary Teaching Outside Schools (Article 6)

Requirements for Organizations/Individuals:

  • Must register a business following legal regulations.
  • Publicly disclose information on the electronic portal or post it at the headquarters, including:
    • List of subjects offered for supplementary teaching.
    • Teaching hours for each subject by grade level.
    • Location, format, and schedule of supplementary classes.
    • List of supplementary teachers and tuition fees (as per Form No. 02).

Requirements for Supplementary Teachers:

  • Must possess good moral character.
  • Must have professional qualifications appropriate for the subject being taught.

Regulations for Teachers Currently Working in Schools:

  • Must report to the school principal regarding the following:
    • Subjects they are participating in for supplementary teaching.
    • Location, format, and schedule of the supplementary classes (as per Form No. 03).

2. Procedure for Registering Supplementary Classes Outside Schools

1. Preparation of Registration Documents

Based on Article 87 of Decree 01/2021/NĐ-CP and Articles 19, 20, 21, 22 of the 2020 Enterprise Law, the required documents depend on the type of business entity (private enterprise, partnership, limited liability company, joint-stock company, or household business):

Private enterprises:

  • Application for enterprise registration.
  • Copy of legal documents of the private enterprise owner.

Partnerships:

  • Application for enterprise registration.
  • Company charter.
  • List of members.
  • Copies of legal documents for each member.
  • Copy of the investment registration certificate (if there is a foreign investor).

Limited liability companies:

  • Application for enterprise registration.
  • Company charter.
  • List of members.
  • Copies of legal documents of individuals/organizations (including legalized documents for foreign organizations).
  • Investment registration certificate (if there is a foreign investor).

Joint-stock companies:

  • Application for enterprise registration.
  • Company charter.
  • List of founding shareholders and foreign investors (if applicable).
  • Copies of legal documents of individuals/organizations (including legalized documents for foreign organizations).
  • Investment registration certificate (if there is a foreign investor).

Household businesses:

  • Application for household business registration.
  • Legal documents of the individual owner or members of the household business.
  • Minutes of the members’ meeting (if registered as a group household business).
  • Authorization document for a member to act as the head of the household business (if applicable).

2. Submission of Registration Documents

Registration documents are submitted to the business registration authority based on the type of business entity (Clause 1, Article 26 of the 2020 Enterprise Law and Point b, Clause 1, Article 14 of Decree 01/2021/NĐ-CP):

  • For enterprises: Submit to the Business Registration Office under the provincial Department of Planning and Investment.
  • For household businesses: Submit to the Finance – Planning Division under the District People’s Committee where the business is located.

Submission methods:

  • Direct submission.
  • Submission via postal service.
  • Online submission through the network.

3. Registration Fees (According to Clause 37, Decree 01/2021/NĐ-CP):

  • Business registration fee: 50,000 VND per submission.
  • Information disclosure fee: 100,000 VND per submission.
  • Note: Fees are waived for online registration or conversion from a household business.

4. Processing Time

  • Within 03 working days from the receipt of complete and valid documents:
    • Issue the enterprise or household business registration certificate.
    • In case of invalid documents, a written notice will be issued requesting amendments or supplements.
  • If no results or notifications are received within 03 days, applicants have the right to file complaints or denunciations as per regulations.

3. Regulations on Supplementary Teaching Activities

3.1. Time and Schedule (Articles 4 and 5 of the Circular)

  • The schedule for supplementary teaching must align with students’ developmental stages and ensure their health.
  • Supplementary classes must not take place on public holidays as stipulated by law.
  • Each session within schools should not exceed 2 lessons per week.

3.2. Financial Management (Article 7 of the Circular)

  • The funding for supplementary teaching activities within schools comes from the state budget and other legitimate sources, in compliance with current regulations.
  • For supplementary teaching outside schools, tuition fees are agreed upon between the teaching facility and students or their parents.
  • The collection, management, and use of these fees must adhere strictly to legal provisions regarding finance, budget, accounting, taxation, and asset management.

4. Responsibilities and Obligations (Article 14 of the Circular)

  • Relevant parties must fully comply with the legal provisions on supplementary teaching and learning.
  • Ensure the quality of supplementary teaching activities, protect the rights of students and teachers, and manage the funds effectively following regulations.
  • Documents related to organizing supplementary classes must be stored and managed rigorously.
  • Meet reporting and explanation requirements from competent authorities regarding compliance with relevant regulations.
  • Actively address and resolve feedback and concerns from students and parents during the supplementary teaching process.

Frequently Asked Questions (FAQ)

1. Who can organize supplementary teaching?

  • Within schools: Only schools are authorized to organize supplementary teaching and cannot charge students any fees.
  • Outside schools: Individuals and organizations must register a business according to legal regulations and meet requirements on facilities and teaching staff.

2. What are the classroom requirements for organizing supplementary classes?

  • Classrooms must be safe, clean, well-lit, and well-ventilated.
  • The venue must comply with regulations on security, order, and fire safety.

3. Which students are eligible to attend supplementary classes within schools?

  • Students whose academic performance was unsatisfactory at the end of the previous semester.
  • Students selected for advanced training or academic competitions.
  • Final-year students voluntarily register for the entrance exam or graduation exam preparation.

4. What information must be disclosed by organizations offering supplementary classes outside schools?

  • Subjects, schedules, venues, and formats of supplementary classes.
  • List of teachers and tuition fees.
  • Information must be made public on the official website or posted at the facility.

5. Can teachers working in schools participate in supplementary teaching outside schools?

  • Yes, but they must report to the principal regarding the subjects, location, schedule, and format of the supplementary teaching.

Conclusion

Compliance with the regulations for organizing supplementary classes ensures legal validity and significantly improves education quality. Teachers, individuals, and educational organizations should thoroughly understand and fully implement legal requirements to avoid violations and maintain their credibility in educational activities.

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.

Phone number: +84 937215585

Email : [email protected]

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