Decision No. 03/2007/QD-BGDDT Issuing Regulations on Additional Teaching and Learning

DECISION OF THE MINISTER OF EDUCATION AND TRAINING

Issuing Regulations on Extracurricular Teaching and Learning

___________________

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

At the proposal of the Director of the Secondary Education Department,

DECISION:

Article 1. This Decision promulgates the "Regulations on Extracurricular Teaching and Learning."

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette. All previous regulations that conflict with this Decision are hereby abolished.

Article 3. The Director of the Office, Heads of Secondary Education Departments, Heads of relevant units under the Ministry of Education and Training, Chairpersons of Provincial People's Committees, Directors of Departments of Education and Training shall be responsible for implementing this Decision.

REGULATIONS

On extracurricular teaching and learning

(Issued together with Decision No. 03/2007/QĐ-BGDĐT of the Minister of Education and Training dated January 31, 2007)

1. Extracurricular teaching and learning referred to in these Regulations means teaching and learning activities outside regular school hours as prescribed in the General Education Program issued by the Ministry of Education and Training, within the scope of the general education curriculum. This document regulates extracurricular teaching and learning within schools and outside schools; responsibilities for management and implementation of extracurricular teaching and learning.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

2. These Regulations apply to organizations and individuals conducting extracurricular teaching and learning.

Principles for Implementing Extracurricular Teaching and Learning

Article 2. 1. The content and methods of extracurricular teaching and learning must contribute to reinforcing and enhancing students' knowledge and skills, and educating their character; they must be appropriate to the general education curriculum and the psychological characteristics of learners; they must not lead to overburdening students beyond their capacity to absorb information.

2. Extracurricular teaching for which fees are charged may only be conducted after obtaining a permit from the competent authority, except where the provincial People's Committee (hereinafter referred to as the provincial level) exempts the requirement for a permit.

3. It is prohibited to compel students to participate in extracurricular classes for profit.

Cases Where Extracurricular Teaching and Learning Shall Not Be Conducted

Article 3. 1. For schools operating two sessions per day, the school and teachers shall not organize extracurricular teaching and learning for students; review sessions for graduation exams, transfer exams, remedial instruction for weak students, and advanced training for excellent students shall only be arranged during regular school hours.

2. Extracurricular teaching and learning shall not be conducted for elementary school students, except in the following cases: managing students outside regular school hours at the request of parents; remedial instruction for weak students; artistic and physical education training; reading and writing skill training for students, provided such activities have been permitted by the competent authority.

3. Higher education institutions shall not organize extracurricular teaching and learning according to the general education curriculum for persons who are not students or trainees of those institutions.

EXTRACURRICULAR TEACHING AND LEARNING WITHIN SCHOOLS

Chapter II

AND OUTSIDE SCHOOLS
Extracurricular Teaching and Learning Within Schools

Article 4. 1. Extracurricular teaching and learning within schools refers to such activities carried out by secondary schools and other educational institutions that teach according to the general education curriculum.

2. Extracurricular teaching and learning within schools include: remedial instruction for weak students; advanced training for excellent students; additional teaching for students wishing to reinforce or supplement their knowledge; review sessions for high school entrance exams for grade 9 students; review sessions for high school graduation exams and university entrance exams for grade 12 students. When organizing extracurricular classes, there must be sufficient teachers meeting the required qualifications, and adequate facilities and classrooms that meet the requirements set forth in the Sanitation Regulations for Schools issued together with Decision No. 1221/2000/QĐ-BYT dated April 18, 2000 of the Minister of Health.

Extracurricular Teaching and Learning Outside Schools

Article 5. 1. Extracurricular teaching and learning outside schools refer to such activities carried out by organizations other than those mentioned in Clause 1 of Article 4 of these Regulations, or by individuals.

2. Extracurricular teaching and learning outside schools include: supplementary knowledge training and exam preparation. Organizations and individuals registering to open extracurricular classes must have sufficient qualified teachers, adequate facilities, and classrooms that meet the requirements set forth in the Sanitation Regulations for Schools issued together with Decision No. 1221/2000/QĐ-BYT dated April 18, 2000 of the Minister of Health.

RESPONSIBILITIES FOR MANAGEMENT AND IMPLEMENTATION

Chapter III

OF EXTRACURRICULAR TEACHING AND LEARNING
Responsibilities of Provincial People's Committees and District People's Committees

Article 6. 1. Provincial People's Committees are responsible for managing extracurricular teaching and learning within their respective provinces. Based on the provisions of this document and related regulations, Provincial People's Committees shall issue documents regulating extracurricular teaching and learning; issue permits for extracurricular teaching or delegate Departments of Education and Training to issue such permits.

In documents issued by Provincial People's Committees, the following main contents must be specified:

- Responsibilities of People's Committees at all levels, educational management agencies, and related sectors in managing extracurricular teaching and learning within their respective provinces;

- Procedures, authorities for issuing and revoking permits for extracurricular teaching; cases exempted from obtaining permits for extracurricular teaching.

- Conditions ensuring the quality of extracurricular teaching and learning (teacher standards, facilities, number of students per class, teaching locations);

- Tuition rates and usage;

- Rewards and penalties.

2. District People's Committees are responsible for managing extracurricular teaching and learning activities within their respective districts according to this document and the regulations of Provincial People's Committees; they shall organize inspections of extracurricular teaching and learning activities within their districts to handle violations or report them to competent authorities for handling.

Responsibilities of Departments of Education and Training and Responsibilities of Educational Departments

Article 7. Responsibilities of the Department of Education and Training, responsibilities of the Education and Training Division

1. Implement the provisions on additional teaching and learning; organize inspections and checks to ensure the effectiveness of the provisions on additional teaching and learning; identify positive factors, prevent and handle violations within their authority or refer to competent authorities for handling violations.

2. Publicly announce the location for receiving citizens at the agency's headquarters and the telephone number for receiving opinions and reports on additional teaching and learning for management purposes.

Article 8. Responsibilities of the principal of the school and the head of other educational institutions

The principal of the school and the head of other educational institutions referred to in Clause 1, Article 4 of this Regulation shall be responsible for:

1. Organizing and managing additional teaching and learning within the school, ensuring the rights of learners; inspecting the activities of additional teaching and learning conducted by teachers, staff members under their management both inside and outside the school. Adhere to the schedule stipulated in the curriculum distribution; do not cut down on the prescribed program or content of teaching to allocate time for additional teaching and learning.

2. Timely handle violations of the provisions on additional teaching and learning within their authority or recommend competent authorities to handle such violations; periodically summarize and report the situation of additional teaching and learning according to the requirements of the education management agency.

Article 9. Responsibilities of organizations and individuals implementing additional teaching outside the school

1. Comply with the provisions of this document and other regulations concerning educational activities. Before conducting additional teaching, the organizer must report to the licensing authority the plan for additional teaching, the content of additional teaching, the list of learners, and the list of instructors.

2. Manage learners and respect their rights. If temporarily suspending or terminating additional teaching, they must report to the licensing authority and publicly notify learners at least thirty days before the suspension or termination of additional teaching, refunding corresponding amounts collected from learners for the unfulfilled additional teaching.

Chapter IV

INSPECTION, AUDIT, REWARD, AND VIOLATION HANDLING

Article 10. Inspection and supervision

Additional teaching and learning activities within the school and additional teaching and learning outside the school are subject to inspection and supervision by the education management agency and local authorities at all levels.

Article 11. Awards

Organizations and individuals who comply well with the provisions on additional teaching and learning and are recognized by education management agencies for significantly contributing to improving educational quality shall be rewarded according to the law.

Article 12. Handling of violations

1. Organizations and individuals violating the provisions on additional teaching and learning, depending on the nature and degree of violation, shall be handled according to the provisions of Government Decree No. 49/2005/NĐ-CP dated April 11, 2005, on administrative penalties in the field of education.

2. State-managed civil servants and public officials violating the provisions on additional teaching and learning shall be disciplined according to the provisions of Government Decree No. 35/2005/NĐ-CP dated March 17, 2005, on disciplinary measures for civil servants and public officials.

3. Educational institutions, organizations, and individuals seriously violating or repeatedly violating the provisions on additional teaching and learning, engaging in fraudulent behavior, or organizing additional teaching and learning contrary to regulations leading to violations of social order and safety regulations shall be appropriately dealt with, subject to administrative penalties or criminal prosecution according to the law./.