Latest procedures for granting licenses to organize extracurricular tutoring activities outside the school
At present, the demand for extra teaching and learning outside regular school hours is no longer unfamiliar to students. These activities not only meet students’ needs to supplement their knowledge but also create additional income for teachers. However, not everyone fully understands the nature of extra teaching and learning, as well as the legal regulations governing the organization of such activities. Let’s follow the article below to better understand this issue under the current laws.
Illustrative
1. What are External Extra Classes?
According to Clause 1, Article 2 of Circular 17/2012/TT-BGDDT on External Extra Classes, the regulation provides as follows:
“1. For the purposes of this Regulation, extra classes mean additional classes that are provided for learners with fees, of which contents are base on compulsory education programs but not included in the education plan of compulsory education issued by the Ministry of Education and Training.”
Accordingly, External extra classes include two forms:
– Internal extra classes mean extra classes held by a public educational institution (including: compulsory education institutions; vocational training centers; continuing education centers; community learning centers; foreign language and IT centers, hereinafter referred to as institutions).
– External extra classes mean extra classes not held by educational institutions that provide internal extra classes.
2. Legal basis related to External extra classes
– Circular 17/2012/TT-BGDDT regulating extra classes and tutoring;
– Decision 2499/QD-BGDDT announcing the annulment of Articles 6, 8, 9, 10, 11, 12, 13, and 14 of Circular 17/2012/TT-BGDDT.
3. Principles of External extra classes
Pursuant to Article 3 of Circular 17/2012/TT-BGDDT, the organization of External extra classes must comply with the following principles:
– Firstly, External extra classes must contribute to consolidating and improving students’ knowledge, skills, and character education; be appropriate to their psychological and physiological characteristics; and not exceed their learning capacity.
– Secondly, it is prohibited to cut or move content from the official general education program to External extra classes or to teach content in advance of the official curriculum.
– Thirdly, students participating in External extra classes must do so voluntarily, based on their learning needs and with parental consent; under no circumstances may teachers or institutions force students or their families to take extra classes.
– Fourthly, External extra classes must not be organized according to the structure of formal school classes; students in the same External extra class must have equivalent academic levels, and class assignments must be based on actual learning capacity.
– Fifthly, any organization or individual conducting External extra classes must take full responsibility for the contents registered and licensed for such activities.
4. Conditions and procedures for organizing External extra classes
Previously, under Circular 17/2012/TT-BGDDT, organizations and individuals were required to obtain a license to conduct External extra classes. However, Decision 2499/QD-BGDDT has annulled this requirement. Accordingly, under current regulations, External extra classes are no longer subject to licensing conditions. Organizations and individuals wishing to conduct External extra classes only need to complete the business registration procedures for providing tutoring services, depending on the appropriate scale of operation.
Refer to the procedure:
– Household business registration
– Registration of a two-member limited liability company (LLC)
– Registration of a single-member limited liability company (LLC) owned by an individual
– Registration of a single-member limited liability company (LLC) owned by an organization
– Registration of a joint stock company
– Registration of a partnership company
5. Some notes to consider
Firstly, regarding tuition fees:
For External extra classes, the tuition fee is determined based on the agreement between the students’ parents and the organizations or individuals conducting the classes. However, such organizations and individuals must still comply with the current financial management regulations on tuition collection. Each locality may issue its own guidelines to ensure the most appropriate fee collection method.
Secondly, regarding cases where External extra classes are prohibited:
According to Article 4 of Circular 17/2012/TT-BGDDT, certain cases are not allowed to conduct extra classes, specifically as follows:
– It is not permitted to organize extra classes for students who are already studying two sessions per day at school.
– It is not permitted to organize extra classes for primary school students, except for cases of training in arts, physical education, sports, or life skills.
– Universities, colleges, professional secondary schools, and vocational schools are not allowed to organize extra classes covering content within the general education curriculum.
– For teachers receiving salaries from public educational institutions:
+ They are not allowed to organize External extra classes but may participate in teaching at such classes;
+ They are not permitted to teach their own students outside the school without prior approval from the head of their managing authority.
