Teachers at public schools are not allowed to organize, operate, or manage extra classes, but are only allowed to teach extra classes outside of school under contract, and therefore are not allowed to register as business households to teach extra classes outside of school.
On February 14, Mr. Tran Si Thanh, Deputy Director of the Dak Nong Department of Education and Training, said that implementing Circular 29/2024/TT-BGDDT (Circular 29), the Department of Planning and Investment issued a document guiding organizations or individuals organizing extra-curricular teaching and learning activities outside of school with fees from students to register their business according to regulations.
Specifically, for the form of business household registration, according to the provisions of Clause 1, Article 80 of Decree 01/2021/ND-CP, teachers are not prohibited from establishing business households. However, for business households established to organize extra teaching and learning, the business household owner will have to manage, operate and be responsible for the obligations arising from extra-curricular classes.
Dak Nong Department of Education and Training
According to the provisions of Clause 3, Article 4 of Circular 29, teachers at public schools are not allowed to organize, operate, or manage extra classes but are only allowed to teach extra classes outside of school under contract. Therefore, teachers at public schools are not allowed to register a business household to teach extra classes outside of school.
Regarding the form of business registration, according to Clause 2, Article 17 of the Enterprise Law 2020, there are 7 groups of subjects prohibited from establishing and managing enterprises in Vietnam. Among them, there are cadres, civil servants, and public employees, according to the provisions of the Law on Cadres, Civil Servants and the Law on Public Employees. Thus, teachers at public schools who are civil servants will not be allowed to establish and manage enterprises.
Ho Chi Minh City Department of Education and Training does not prohibit extra teaching and learning, but must comply with regulations.
Regarding business lines and conditions, organizations and individuals use level 4 code (four digits) in Decision No. 27/2018/QD-TTg (dated July 6, 2018) of the Prime Minister promulgating the system of economic sectors of Vietnam to register.
Industry codes related to tutoring can be referred to, including: Other education not elsewhere classified, industry code 8559; Education support services, industry code 8560; Sports and entertainment education, industry code 8551; Cultural and artistic education, industry code 8552; Other professional, scientific and technological activities not elsewhere classified, industry code 7490.
The 2020 Investment Law does not stipulate that extracurricular teaching is a conditional business line.
As Thanh Nien reported, on February 12, the Dak Nong Department of Education and Training directed educational units in the area to strictly implement the regulations on extra teaching and learning according to Circular 29; at the same time, make a list of students participating in review and tutoring and a list of teachers participating in teaching.
Source: https://thanhnien.vn/giao-vien-cong-lap-khong-duoc-dang-ky-ho-kinh-doanh-de-day-them-185250214114143236.htm
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