Many opinions question the regulation that 'teachers at public schools are not allowed to participate in managing and operating extra-curricular teaching' in Circular 29 of the Ministry of Education and Training .
Students take extra classes at a facility in Ho Chi Minh City - Photo: NHU HUNG
Circular 29 regulating extra teaching and learning of the Ministry of Education and Training, issued on December 30, 2024, takes effect from February 14.
In particular, up to now, many public school teachers still do not understand why there is a regulation that if they want to teach extra classes outside of school, they must register their business, but they cannot register their own business to teach extra classes?
Master of Law Nguyen Thi Thai Thuan - Photo: NVCC
On this issue, Master of Law Nguyen Thi Thai Thuan, lecturer of the Faculty of Economics and Law, University of Finance and Marketing, explained:
Article 6, Circular 29/2024/TT-BGDDT regulating extra teaching and learning of the Ministry of Education and Training stipulates that organizations or individuals organizing extra teaching and learning activities outside of school with fees from students (collectively referred to as extra teaching establishments) must comply with business registration requirements in accordance with the provisions of law.
Therefore, individuals who want to organize extra classes only need to register their business according to the law to be able to teach legally.
Currently, there are two options for registering a business as an individual: registering to establish a sole proprietorship or registering to establish an enterprise.
Registration for the establishment of a sole proprietorship is licensed by the People's Committee of the district; registration for the establishment of an enterprise is licensed by the Department of Planning and Investment (current name, before merging with the Department of Finance).
However, teachers working at public schools (primary, secondary, and high schools) are subject to additional regulations under Circular 29 and the Enterprise Law, so they cannot bear legal responsibility (their own name on the business license).
Specifically, Article 4 of Circular 29 clearly stipulates cases where extra teaching and extra teaching are not allowed. In particular, it stipulates that "teachers at public schools are not allowed to participate in the management and operation of extra teaching outside of school".
Thus, with this regulation, public school teachers cannot register to establish a business household to teach extra classes.
On the other hand, the Enterprise Law also stipulates that "civil servants and public employees are not allowed to establish and manage enterprises". Teachers in public schools are also governed by this provision, so they cannot register to establish enterprises in general, not just to establish enterprises to provide tutoring services .
Therefore, for public teachers who want to teach extra classes, to properly implement Circular 29, they must join licensed tutoring centers and teach extra classes at that facility.
Source: https://tuoitre.vn/vi-sao-giao-vien-truong-cong-lap-khong-duoc-dang-ky-kinh-doanh-day-them-20250217165643879.htm
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