A way to circumvent the legalization of extra teaching appears

Are tutoring centers and businesses allowed to teach elementary school students?

The owner of an education company (registered business code 8559) in Ho Chi Minh City, which organizes a number of calligraphy, creative writing, and math classes for children, said that he has received many phone calls from parents asking if their children, who are in elementary school, will be able to continue studying at the center or not... If the center or business signs a contract with a public elementary school teacher to teach those subjects, will the students at her school be able to study at the center/business?

Extra teaching and learning activities are following the regulations of Circular 29, effective from February 14.

Or a reader of Thanh Nien Newspaper wondered: "I read Circular 29 and saw that it is not allowed to organize extra classes for primary school students except in cases of arts, sports , and life skills training. So are centers and businesses allowed to accept primary school students to teach calligraphy, creative writing, and English communication skills?"

In an interview on February 8, Mr. Ho Tan Minh, Chief of Office of the Department of Education and Training of Ho Chi Minh City, said that Circular 29 does not prohibit teachers from teaching extra classes, the issue is to teach according to the regulations in the circular. For primary school teachers, Circular 29 also does not prohibit extra classes. Primary school teachers are not allowed to teach extra classes in the subjects they teach at school or in class. The remaining teachers can teach students how to practice calligraphy, teach handicrafts, teach STEM, teach music, painting, and talent. Teachers in public schools can still go to centers to teach music, drawing, and sports. Because these are subjects that nurture students' talent, they are not considered subjects that teach cultural knowledge, so they are not classified as extra teaching or learning.

Mr. Ho Tan Minh said: "Teaching English at centers focuses on practicing speaking, listening, reading, and reviewing for certificates such as Starters, Movers... not on teaching knowledge in class. Learning English here is to develop capacity. Therefore, teaching English at centers (including for primary school students) is not considered extra teaching."

An expert from the Department of Education and Training in Ho Chi Minh City said that the above learning contents are not included in the 2018 General Education Program and are not classified as extra teaching or learning. However, when a unit or individual teaches the above contents to primary school students or any other level of students, they must register their business according to regulations. And if a public school teacher participates in teaching these classes outside of school, they must also comply with reporting to the principal or head of the unit where they are working.

DO I NEED TO REGISTER A BUSINESS TO TEACH SMALL GROUPS?

Recently, a reader sent a question to the editorial office: "According to Decree 01/2021 on business registration, low-income business households do not need to register their business. So are small group tutoring classes considered low-income households?".

Lawyer Hoang Tu Luong, Ho Chi Minh City Bar Association, said: "According to Circular 29 of the Ministry of Education and Training, the current tutoring activities must ensure business registration according to the law. The content of the regulations on the management of tutoring and learning activities is not based on income to determine whether to register or not, but is based on the provisions of the circular."

According to lawyer Luong, there are two models to choose from: registering a business to teach and learn extra lessons as a business household or registering to establish an enterprise. The difference between the two models lies in the procedures, organizational structure, method of operation and taxes to be paid. Depending on the scale of operation, individuals can choose to register as a business household or an enterprise. However, for small and medium scale, it is advisable to register as a business household. Also according to Clause 3, Article 4 of Circular 29 stipulates: "Teachers of public schools are not allowed to participate in the management and operation of extra teaching outside of school but can participate in extra teaching outside of school". Thus, teachers of public schools cannot be the head of the household to register for an extra teaching business but can only be a member of the household (without the right to manage and operate); or sign a contract to teach for hire with a tutoring facility that has registered to do extra teaching business.

On the afternoon of February 13, at the regular socio -economic press conference of the Ho Chi Minh City People's Committee, Mr. Ho Tan Minh also emphasized that extra-curricular teaching must be done in accordance with regulations. Teachers who want to teach extra-curricular teaching must do so at legally registered establishments, without exception, even if they only teach 2-3 students or in small groups.

Circular 29 does not prohibit teachers from giving extra lessons, the issue is to teach according to regulations.

DIVIDE THE PERCENTAGE OF LEGALIZATION OF EXTRA TUTORING

In recent days, we have observed that some teachers have asked businesses and educational companies that have registered for a business license to provide extra teaching and learning to sign a contract on paper, then agree to "share a percentage" to be able to legalize the extra teaching.

The director of an education company in Ho Chi Minh City said she received a request from some teachers to send their students to the center to teach, the center still makes a valid contract, the teaching program is the teacher's, the students are also sent by the teacher, the center gets a percentage, for example the center gets 20% of the monthly tuition fee, the teacher gets the remaining 80%.

"If we do, the center will be in violation, not complying with the license granted by the Department of Education and Training, not complying with the regulations on the teaching staff, the program has been reported to the Department of Education and Training, not being honest with the teaching staff who have worked very properly and with the students and parents. We immediately refused, because when opening a company or center, we have to go through a process to be granted all the licenses to operate with peace of mind, we cannot "leave the bowl and the tray", said this female director. At the same time, she said that in the coming time, the authorities need to closely inspect the tutoring and learning centers, registered businesses to manage whether there is a situation of deliberately circumventing the law to legalize tutoring and learning. In particular, it is necessary to check how the registered businesses/businesses comply, how they pay taxes...

Commenting on how to effectively manage Circular 29 in the long term, an expert in the education and training sector of Ho Chi Minh City affirmed: "Whenever any circular or decree is issued, in reality, not everyone complies 100%, so state management agencies and education management agencies must work. And that is one of the criteria to evaluate the responsibility and capacity of the leader. In any area where violations occur, the responsibility from the highest to the lowest level will be considered."

Ho Chi Minh City requires teachers to strictly implement regulations on extra teaching and learning.

On February 17, the Department of Education and Training of Ho Chi Minh City sent an official dispatch to the Head of the Department of Education and Training of Thu Duc City and districts, principals of high schools... requesting the implementation of contents related to Circular 29.

Accordingly, the Department of Education and Training requires schools to organize, disseminate, and propagate regulations on extra teaching and learning. Thoroughly educate all staff and teachers to strictly implement regulations on extra teaching and learning; have plans for inspection and review; resolutely not allow improper extra teaching and learning to occur inside and outside of schools. The setting of regular and periodic tests and assessments must be appropriate and not put pressure on students to take extra classes.

Absolutely do not relax the organization of review and training for students with unsatisfactory learning results. Organize for final year students to strengthen review for entrance exams and graduation exams according to the school's educational plan.

The Department of Education and Training also requested that the Departments of Education and Training focus on disseminating to primary schools that they absolutely do not organize extra classes for primary school students. Instruct school principals to adjust and develop plans to implement the 2-session/day program in accordance with the requirements of the 2018 General Education Program, strengthen and supplement club activities, talent development activities (arts, sports, etc.), and life skills training, ensuring that they are suitable for local characteristics and the pick-up and drop-off times of parents. Take measures to handle according to authority or report to competent authorities on cases of violations of regulations on extra teaching and learning in the area.

Bich Thanh

Source: https://thanhnien.vn/xuat-hien-cach-lach-hop-thuc-hoa-day-them-185250217192040783.htm