NTHINGS NEED TO BE SEPARATED
Lawyer Nguyen Thanh Huan, Director of Lawyers Firm 11, affirmed that this is not a legal loophole, but the problem lies in law enforcement.
To encourage, mobilize and create conditions for organizations and individuals to participate in educational socialization, right in the Education Law, the state has clearly defined the role of protecting the legitimate rights and interests of organizations. , individuals participating in investing in education. Therefore, the legal system in general and the Education law in particular are quite strict to regulate this field.
However, the Director of Lawyers Company 11 believes that it is necessary to clearly define educational investment as directly contributing resources to establish educational institutions or investing in establishing economic organizations according to the provisions of the Investment Law. Under the Enterprise Law, letting an economic organization establish a private educational institution is completely different from lending to an educational organization or economic organization that owns an educational institution.
Former General Director of Apax Leaders Nguyen Ngoc Thuy in the first direct meeting with parents in Ho Chi Minh City in March 3.2023
In other words, parents at AISVN International School accept the school's capital mobilization agreement but do not intend to own the school's capital contribution or participate as a shareholder to supervise the investment. This can be defined as an educational investment. On the other hand, it is necessary to clearly separate the amounts that AISVN parents have transferred to the school, whether they are tuition advances or loans.
If it is a pre-payment of tuition fees, the school must manage and use this money in accordance with the provisions of the Education Law on tuition fees, as well as make its finances public, with inspection and supervision by agencies. management agency. At that time, if tuition fees are used for the wrong purpose leading to loss of ability to pay, as well as not being transparent or truthful in reporting to bypass inspection work, they will be subject to corresponding sanctions. response.
If it is a loan, this is a civil agreement, then the school's responsibility is to use the money for the committed purpose. Using capital for the wrong purpose, leading to inability to pay, will be handled according to law.
The nature of giving money to others is to accept risk, but if you invest to become a shareholder, the investor's supervision rights will be more effective. At the very least, shareholders are also the owners of the school's assets and brand in proportion to their capital contribution.
Students of AISVN International School returned to school after a break because there were no teachers
QAUTHORITY TO CONTROL INVESTMENTS OF EDUCATIONAL ORGANIZATIONS
Lawyer Nguyen Van Thai, Director of Nam Thai International Law Company Limited, Hanoi Bar Association, said the collection of tuition fees at all levels and types of training, including foreign language centers such as Apax Leaders are all regulated by Decree 81 of the Government. In addition, the operations of foreign language centers are also regulated in Circular 21 of the Ministry of Education and Training, but does not mention tuition issues in detail.
"Therefore, with the collection of tuition fees, the unified management document is Decree 81. Based on Article 12 of this document, it can be understood that the collection of full tuition fees by centers is still legal." , Thai lawyer commented.
Doctor, lawyer Nguyen Hong Thai, Director of Hong Thai International Law Company Limited and colleagues, Hanoi Bar Association, agree that paying tuition fees once at the beginning of the course is a civil agreement between two parties. party and does not violate the law.
Also related to the issue of tuition fees, according to Mr. Hong Thai, there are currently only documents mentioning how domestic and foreign organizations invest in education, such as Decree 46/2017/ND-CP, Decree 86/2018/ND-CP, Decree No. Decree 81/2021/ND-CP, Decree 97/2023/ND-CP amended by Decree XNUMX/XNUMX/ND-CP, but there is no clear, official legal framework regulating how education is organized. Use tuition revenue to invest in other areas.
This is a loophole that allows educational organizations, especially in the non-public sector, to freely invest without any constraints. This situation is completely different from the banking and insurance sectors, which also use customers' money to invest but must comply with issued regulations such as the Law on Insurance Business, Mr. Thai gave an example.
“In essence, this activity has two sides. If you use tuition fees to invest and make a profit, then take that profit back to develop training programs and facilities, it is very welcome. But there are also cases of business losses, affecting learners. So instead of banning, we should limit risks to the lowest level by adding regulations to control the investment of educational organizations," Mr. Thai noted.
