Discussing the draft Law on Teachers, some members of the National Assembly Standing Committee said that the draft Law needs to stipulate more clearly the acts that Teachers are not allowed to do regarding "Forcing students to participate in extra classes in any form".
At the 42nd session on the morning of February 7, the National Assembly Standing Committee gave opinions on explaining, accepting and revising the draft Law on Teachers.
Discussing the draft Law on Teachers, Head of the Delegation Affairs Committee Nguyen Thanh Hai said: With the provisions on what not to do (Article 11), the draft Law has listed the things that teachers are not allowed to do. However, the "not allowed" acts are numerous in life, at this time listed in the Law may be enough but in the future it will no longer be enough. Accordingly, Head of the Delegation Affairs Committee proposed to have additional provisions for the Government to specify other prohibited acts according to the provisions of the law.
In particular, in Article 11, the draft Law stipulates that prohibited acts are: "Forcing learners to participate in extra classes in any form"; "Forcing learners to pay money or goods outside the provisions of law". Currently, the Ministry of Education and Training is developing regulations on extra teaching and learning that are of great interest to society.
Ms. Nguyen Thanh Hai suggested that the draft law should be more clearly defined, in addition to the regulation of not "forcing others to participate in extra classes in any form", it is necessary to add the phrase "not to collect money". Because in reality, if it is only stipulated that "not to force people to take extra classes", it means that students can voluntarily take extra classes and write a voluntary commitment to study. According to Ms. Thanh Hai, adding the regulation of "not to collect money" will eliminate the act of circumventing the law of "writing a voluntary application to take extra classes".
Overview of the meeting
According to Ms. Thanh Hai, reality shows that many students do not want to attend extra classes, but if they do not attend, they will be discriminated against, creating psychological pressure for them. Therefore, even if students voluntarily attend classes, they "should not be charged money" when teachers really want to nurture students, so that students can progress evenly.
In case students really want to learn more and improve their knowledge, they can register to study at centers that are strictly managed by management agencies. Teachers can go to the centers to register to teach and fulfill financial obligations, pay personal income tax. Students who come to these centers can choose to study more equally.
In addition, the Head of the Delegation Work Committee also expressed his agreement with the provisions on the rights of teachers (Article 8) and said that the draft Law added to Point b, Clause 2, Article 8 the right of teachers to participate in the management and operation of enterprises established by higher education institutions operating in the field of scientific development, application and technology transfer - this is a revolutionary step, contributing to the development of technology in our country. The development of technology enterprises in higher education institutions such as technology incubators contributes to the transfer of science and technology...
Regarding this content, Chairman of the National Assembly's Committee on Science and Technology Le Quang Huy stated that the Law on Civil Servants has stipulated that lecturers have the right to contribute capital, however, Article 14 of the current Law on Civil Servants stipulates that they are not allowed to participate in the management of enterprises, companies... To overcome this problem, the Draft Law has amended Article 55 of the Law on Higher Education and has made adjustments.
Mr. Le Quang Huy also said that currently, the Science and Technology Committee is in the process of reviewing and reporting to relevant authorities on amending the legal system to serve innovation, science and technology.
"We are discussing with agencies to clearly express the view that lecturers are allowed to contribute capital and participate in the management of start-up businesses. In fact, these are businesses that use intellectual property as research results to commercialize products, clearly demonstrating the connection between institutes, schools and businesses. This needs to be supported," said Mr. Le Quang Huy.
Delegates attending the meeting
The Draft Law on Teachers stipulates "Things that must not be done" in Article 11:
1. Teachers in public educational institutions are not allowed to do things that civil servants are not allowed to do according to the provisions of the law on civil servants. Teachers in non-public educational institutions and foreign teachers are not allowed to do things that are strictly prohibited in the field of labor according to the provisions of the law on labor.
2. In addition to the provisions in Clause 1 of this Article, teachers are not allowed to do the following:
a) Discrimination among learners in any form;
b) Fraud, intentionally falsifying results in enrollment activities and student assessment;
c) Forcing students to participate in extra classes in any form;
d) Forcing students to pay money or material beyond the provisions of law;
d) Taking advantage of the title of teacher and teaching and educational activities to commit illegal acts.
3. Things that organizations and individuals are not allowed to do to teachers
a) Not fully implementing the teacher's regime and policies as prescribed;
b) Disclosing information during the inspection, examination, and handling of violations by teachers when there is no official conclusion from the competent authority or spreading and disseminating inaccurate information about teachers;
c) Other prohibited acts as prescribed by law.
Source: https://phunuvietnam.vn/du-thao-luat-nha-giao-de-xuat-bo-sung-them-quy-dinh-de-siet-day-them-hoc-them-20250207110012924.htm
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