Do online tutors need to register a business?

Additional teaching activities are being organized in various forms to meet the needs of learners.

The Ministry of Education and Training has just issued Circular 29/2024 regulating extra teaching and learning with many new points to overcome the limitations that have existed over the past time. Currently, a group of teachers are wondering whether online tutoring needs to be registered as a business?

Regulations on extra teaching and learning are gradually being tightened. (Illustration photo)

Do online tutors need to register a business?

Article 6 of Circular 29/2024 stipulates that organizations and individuals opening extra classes outside of school and collecting fees from students must register their business to be subject to management according to the provisions of the Law on Enterprises.

In addition, Article 3 of Decree 39/2007/ND-CP stipulates that entities not required to register for business include individuals performing the following commercial activities:

• Street vendor;
• Petty trading;
• Selling snacks;
• Trading trips;
• Providing shoe shining, lottery ticket selling, locksmithing, vehicle repair, car parking, car washing, hair cutting, painting, photography and other services with or without a fixed location;
• Commercial activities independently and regularly do not require other business registration.

Clause 2, Article 79 of Decree 01/2021/ND-CP on business registration also clearly states the cases where business households do not need to register for business, including:

• Households producing agriculture, forestry, fishery, salt making;
• Street vendors, snack vendors, itinerant traders;
• Itinerant businessman;
• Seasonal business people;
• Low-income service workers.

Thus, except for the occupations and subjects listed above, individuals with regular and continuous commercial activities are required to register their business. Therefore, teachers who conduct online tutoring activities also need to carry out business registration procedures like teachers who participate in direct tutoring.

Cases where extra tutoring is not allowed

Article 3, Circular 29/20224 stipulates that extra teaching and learning can only be organized when students have the need to learn extra and have the consent of their parents or guardians. Schools, organizations, and individuals organizing extra teaching and learning cannot use any form to force students to learn extra.

The content of extra teaching and learning must not be contrary to the provisions of Vietnamese law and must not contain prejudices about race, religion, profession, gender, or social status. The content of teaching according to the school's educational plan must not be reduced to include extra teaching.

Extra teaching and learning must contribute to developing students' qualities and abilities; and must not affect the organization and implementation of the school's educational program and the implementation of teachers' subject programs.

The duration, time, location and form of organization of extra teaching and learning must be suitable for the psychology and age of the students, ensuring the health of the students; complying with the provisions of law on working hours, overtime hours and the provisions of law on security, order, safety, environmental sanitation, fire prevention and fighting in the area where extra teaching and learning classes are held.

Anh Anh

Source: https://vtcnews.vn/giao-vien-day-them-online-co-can-dang-ky-kinh-doanh-ar919979.html