Chương V Luật Giáo dục 2005: Người học

Chapter V

LEARNERS

Section 1. DUTIES AND RIGHTS OF LEARNERS

Article 83. Learners

1. Learners are persons currently learning at educational institutions of the national educational system. Learners include:

a) Children at pre-school education institutions;

b) Pupils at general education establishments, vocational training    classes, vocational training centres, professional upper secondary schools and pre- university schools;

c) Students at colleges and universities;

d) Students at institutions providing master education ;

dd) Doctoral candidates at institutions providing doctoral education ;

e) Learners in continuing educational programmes.

2. The stipulations in the Articles 85,86, 87, 88, 89, 90, 91, 92 of this Law are only applicable to learners mentioned in the points b, c, d, đ and e, paragraph 1 of this Article.

Article 84. Rights of and policies for children at pre-school institutions

1. Children at pre-education institutions have the following rights:

a) To receive care, nurture, educational according to the objectives, pre-education plans of the Ministry of Education and Training;

b) To benefit from the primary health care service, free medical examinations, treatment at the public health care establishments;

c) To benefit from discounted public entertainment services.

2. The Government shall define policies for children at pre-school institutions.

Article 85. Duties of learners

Learners have the following duties:

1. To perform learning and training tasks according to the educational programmes and plans of schools or other educational institutions;

2. To respect teachers, staff of the school and of other educational institutions; to maintain solidarity and mutual support in learning and training, to comply with State's laws and conform to school regulations and charters;

3. To participate in working and social activities, environmental protection activities appropriate to their age group, health and ability;

4. To preserve and protect properties of the school and of other educational institutions;

5. To contribute to building, protection and development of the tradition of the school and of other educational institutions.

Article 86. Rights of learners

Learners have the following rights:

1. To receive respect, equal treatment and full provision of adequate information concerning their own learning and training by schools or other educational institutions;

2. To have the possibility of learning at earlier ages, leaping grades, shortening program duration, learning at the age higher than regulated, extending program duration or repetition;

3. To be awarded degrees, diplomas or certificates after graduation at academic and training levels as regulated by laws;

4. To participate in activities of mass organisations and social organisations in schools and other educational institutions in accordance with laws;

5. To use equipment and facilities assigned to learning, cultural, sporting, athletic activities at schools or other educational institutions;

6. To submit, directly or through their legal representatives, to schools or other educational institutions measures for the school improvement, to protect learners' legitimate rights and interests;

7. To benefit from preferential State policies in recruitment into State agencies upon merit graduation with excellent records and good conduct.

Article 87. Obligations to work for time-bound duration according to the State's placements

1. Students at public colleges and universities who receive scholarships or funding from the State or foreign countries under agreement with the State, upon graduation, must comply to job placements for time-bound duration by the State; in case of non-compliance, education costs and scholarships must be refunded by the students.

2. The Government shall provide detailed provisions on the specific duration of job under placement of relevant authorities, on the duration of waiting for job placement and on the amount of refunding as defined in paragraph 1 of this Article.

Article 88. Prohibited behaviours of learners

Learners are prohibited from having the following behaviours:

1. Disrespect honour, dignity or infringe physically upon school's teachers, staff and other learners;

2. Fraudulent in learning, tests, examinations, admission exams;

3. Smoke or drink alcohol during class; cause disorders and disturbances at the school or in public areas.

Section 2. POLICIES FOR LEARNERS

Article 89. Scholarships and social subsidies

1. The State shall elaborate policies on granting academic scholarships to pupils with excellent scholastic achievements at specialised schools, schools for gifted students as stipulated in Article 62 of this Law or to learners with good academic and training results at vocational education institutions and at universities; on granting policy scholarships to students enrolled by form of nomination, pupils at pre-university schools, boarding schools for ethnic minorities, vocational training schools for war invalids, disabled and handicapped people.

2. The State shall elaborate policies on subsidy and reduction/exemption of tuition for learners from social policy targeted groups, ethnic minorities in areas with extreme socio-economic difficulties, homeless orphans, disabled and handicapped people with economic difficulties, people who overcome their exceptional economic difficulties to gain excellent study results.

3. Students at pedagogical institutions and learners following teacher training courses are exempted from tuition, and receive preferential treatment in the consideration for scholarships and/or social subsidies as defined in Items 1 and 2 of this Article.

4. The State shall encourage organisations and individuals to grant scholarships or allowances to learners as prescribed by laws.

Article 90. Admission by form of nomination

1. The State shall grant admission for students in areas with extreme socio- economic difficulties into colleges, universities or professional upper secondary schools by means of nomination, in order to educate human resources, civil servants for these areas;

The State shall set aside nomination quotas for some ethnic minorities with no or few officials having obtained degrees/diplomas from colleges, universities or professional upper secondary schools; make policies to create admission source based on favourable conditions for students of these ethnic minorities to enter general education ethnic boarding-schools and increase pre-university period.

2. People's Committee at provincial level, based on the need of the province, shall

be responsible for proposing nomination quotas, allocating nomination quotas according to appropriate fields and disciplines, selecting persons according to approved quotas and set criteria, assigning jobs for learners after graduation.

3. Students of this nomination mode, upon graduation, must comply with job placement by the competent State agency sending them to study.

The Government shall regulate criteria and beneficiaries of nomination mode, implementation of nomination mode, refunding of the scholarships and educational costs to be made by the students if they fail to comply with the job placement.

Article 91. Educational credits

The State shall elaborate preferential credit policies concerning interest rates, credit's conditions and duration to enable learners from low-income families to study.

Article 92. Reduction, exemption of public service fees for pupils and students

Pupils and students qualify for fee reduction or exemption when using public services in health care, transportation, entertainment, and visits to museums, historical relics and cultural attractions as stipulated by the Government.