VUI LÒNG LIÊN HỆ
#Thạc sĩ – Luật sư: Đỗ Trọng Hiền
Master of Laws – Lawyers
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Most of the foreign language centers “disappearing” in Ho Chi Minh City in the past time have not been licensed for educational activities. Some units have been licensed but when the Department of Education and Training invites to work, the investor does not come. According to the lawyer, even without a contract, parents can still sue.
80% of foreign language centers closed, dissolved
Answering Labor’s question about the situation of operation, dissolution and ensuring the rights of parents of students, Mr. Trinh Duy Trong – Head of Political Thought Department, Hcmc Department of Education said that according to the department’s statistics due to the impact of COVID-19, nearly 80% of centers in the city must be closed, shut up, dissolved.
“Regarding the fact that many people reflected after the epidemic, unable to contact foreign language centers, the Department conducted a review of the centers reflected by parents and found that most of these centers have not been licensed for educational activities. The department has instructed people to contact the police to solve” – Mr. Trong information.
For licensed foreign language centers, the department has invited investors to work. However, some investors do not come to work. The department will continue to invite more.
The representative of the department added that the centers with operating licenses, when they want to dissolve, must follow the process, which must ensure the rights of learners and working people, before being issued a decision on dissolution by the Hcmc Department of Education and Training.
Conditions for lawsuit
In cases where the foreign language center is abruptly closed, many parents wonder if there is no contract but only a receipt to collect money to sue.
Master – Lawyer Do Trong Hien – Lawyer’s Office Tran Van Linh – Ho Chi Minh City Bar Association – said: In the absence of a contract, the notices about the course are listed, along with the collection slip (or transfer) are already the grounds for civil transactions to be established.
Where a party appears to deny responsibility (receiving money but failing to fulfill teaching obligations) and between the parties unable to come to a mutual agreement, there is no termination of the return of tuition fees, or compensation for damages as agreed upon, if necessary to ensure its or her rights (or students) and students, Parents can go to the authorities, specifically the police where the center is located, to report the incident and file a criminal complaint as instructed.
Based on the content of the criminal complaint, the investigating agency will likely be involved to verify the behavior of the centers. If there are sufficient grounds and grounds, the investigating agencies will prosecute the cases and prosecute the accused in accordance with the provisions of law with the act of “Abuse of trust and misappropriation of assets” as prescribed in Article 175 of the Criminal Code 2015 amended and supplemented in 2017.
In addition, if these foreign language centers are not yet eligible to operate or the centers have only been licensed to operate in a few branches and some branches have not yet decided to operate, they may face the charge of “Fraudulent appropriation of property” as prescribed in Article 174 of the Criminal Code 2015 amended in 2017.
Due to the above reasons, parents should look for centers with long-standing and quality reputation, should not follow advertisements, unconfirmed referrals to choose educational institutions for their children, lawyer Do Trong Hien further advised.