Where to ensure learners' rights?

The problems of AISVN International School have appeared since the beginning of this school year, when in September 2023, many parents denounced and demanded that the school "repay" tens of billions of dong through a 0% interest loan contract with the condition that the children of these parents would receive free support for studying and training during their regular school years at the school. The school would return the loan when the students finished studying at the school or transferred to another school. However, these terms have not been enforced by the school with many parents.

At that time, lawyers andeducation experts also analyzed and said that this dispute belonged to a civil matter. On the parents' side, giving a large amount of money in advance to the school, besides the benefits, also comes with the risk that the school is completely capable of encountering problems, losses, and even bankruptcy.

By the end of the school year, the incident at AISVN International School was no longer an isolated issue for some parents but became a danger to all students of the school, when from March 18, more than 1,200 students had to stay home from school because teachers did not come to school due to unpaid wages for many months. The incident was so "hot" that it not only received the attention and direction of the Department of Education and Training of Ho Chi Minh City and the Ministry of Education and Training, but on March 29, Prime Minister Pham Minh Chinh signed an official dispatch requesting to rectify the school's operations, urgently implement appropriate solutions, and ensure the learning rights of students.

Once education is considered a conditional business, it must be understood that incidents like the AISVN International School will not be isolated. Therefore, there must be a strict monitoring mechanism that is legalized to limit risks, ensure the rights of learners, and at the same time help the private and international school system develop smoothly.

First of all, it is necessary to determine that the loan contract between the school and parents is essentially capital mobilization, and to mobilize capital legally, according to the law, bonds must be issued. Not to mention that schools do not have the function of financial investment. Therefore, these activities must be prohibited. After the incident of foreign language centers such as Apax Leaders not refunding tuition fees to parents, the Department of Education and Training of Ho Chi Minh City has stipulated that foreign language and IT centers are not allowed to collect long-term tuition fees. This should also apply to private schools.

The Education Law and the General School Charter also need to have regulations on bankrupt schools. If this happens, the education management agency needs to provide guidance to handle the situation and stabilize students' learning.

The survey results show that more than 84% of students at AISVN International School want to continue studying at the school until the end of this school year, showing that parents want stability, especially when they put all their expectations and money into their children's education in an international environment.

It must be acknowledged that the private school system and schools with international elements contribute significantly to the development of Vietnam's current education, helping to reduce the burden on the public school system and carry out many activities that the public school system finds difficult to undertake. However, in order for this school system to develop sustainably, avoid loopholes for others to take advantage of, and to ensure the rights of learners, the legal instruments need to be clear.

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