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Penalties for not admitting students with disabilities to school according to regulations

  • Perform: Phuong Anh (Translator: Linh Chi)
  • 18/07/2022

Question: May I ask if it is correct for an educational institution not to accept persons with disabilities 7 years old to primary school since they are too old for admission? If wrong, how much will be fined?

The Law Department - ACDC advises: 

Under Clause 1, Article 2 of Joint Circular No 42/2013/TTLT-BGDĐT-BLĐTBXH-BTC regulating the education policies for persons with disabilities, priority is given to admission and enrollment as follows:

“1. Admission priority

Any persons with disabilities who are 3 years older than regulated age for admission shall be eligible for admission”.

Clause 1, Article 33 of Circular 28/2020/TT-BGDDT promulgates the Primary School Charter with regulations on the primary school students age as follows:

"1. The student age entering first grade is 06 years old and calculated in years. Children with disabilities, children with physically or mentally disabilities, children in areas with challenging socio-economic conditions, children of ethnic minorities, orphans without support, children returning home from abroad and children of foreigners studying and working in Vietnam can enter first grade at an older age than prescribed but not exceeding 3 years old. The head of the Education and Training Department will decide the case where a child enters the first grade and is more than 3 years old compared with the regulations”.

According to the above regulations, children with disabilities 7 years old are eligible to be admitted to first grade.

Under Clause 1, Article 13 of Decree No. 130/2021/ND-CP stipulating the sanction of administrative violations in the area of protection, social assistance and children, regulations on sanctioning violations of regulations on educational responsibilities for persons with disabilities by educational institutions as follows:

1. A fine ranging from VND 5.000.000 to 10.000.000 for one of the following acts:

a) Failing to ensure suitable teaching and learning conditions for persons with disabilities as prescribed by law;

b) Failing to provide learning aids and materials exclusively for persons with disabilities as prescribed by law;

c) Not allowing persons with disabilities to be exempted or reduced in certain subjects or educational contents and activities that the persons cannot meet with disabilities abilities;

d) Refusing persons with disabilities to enrol at an older age as prescribed by law;…”

Therefore, an academic institution that refuses persons with disabilities to enrol at an older age as prescribed by law may be fined from VND 5,000,000 to VND 10,000,000.