THE
GOVERNMENT OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
04/2021/ND-CP
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Hanoi,
January 22, 2021
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS
AGAINST REGULATIONS ON EDUCATION
Pursuant to the
Law on Government Organization dated June 19, 2015; the Law on amendments to
the Law on Government Organization and the Law on Organization of Local
Governments dated November 22, 2019;
Pursuant to the
Law on penalties for administrative violations dated June 20, 2012;
Pursuant to the
Law on Higher Education dated June 18, 2012 and the Law on amendments to the
Law on Higher Education dated November 19, 2018;
Pursuant to the
Law on Vocational Education and Training dated November 27, 2014;
Pursuant to the
Law on Education dated June 14, 2019;
At the request
of the Minister of Education and Training of Vietnam;
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Chapter I
GENERAL
PROVISIONS
Article 1. Scope
This Decree deals
with administrative violations, penalties, fines, remedial measures, power to
record administrative violations, power to impose penalties, and specific fines
imposed by authorized title holders for administrative violations in education
field.
Article 2. Regulated entities
1. Vietnamese and
foreign organizations and persons (hereinafter referred to as “entities”) that
commit any administrative violations prescribed in this Decree within the
territory of Vietnam.
Organizations that
are liable to administrative penalties as prescribed in this Decree include:
a) Early childhood
education institutions; general education institutions; continuing education
institutions; professional secondary schools and colleges providing teacher
training programs; higher education institutions; academies and institutes that
are established by the Prime Minister in accordance with the Law on Science and
Technology and licensed to provide doctoral training programs (hereinafter
referred to as “academies/institutes providing doctoral training programs”);
b) Special schools
and other educational institutions; representative offices of foreign
educational institutions in Vietnam; campuses/branches of foreign educational
institutions in Vietnam; educational institutions of political organizations,
socio-political organizations, socio-political-professional organizations,
social organizations, and socio-professional organizations other than the ones
mentioned in Point a Clause 1 of this Article, and organizations that are
juridical persons other than educational institutions and provide early
childhood education, general education; intermediate- or college-level teacher
training programs; higher education, master or doctoral training programs;
professional training and development programs under the management of the
Ministry of Education and Training of Vietnam;
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d) Vocational
education and training institutions providing joint training programs for
bachelor's degrees.
2. Persons that
have the power to record administrative violations, impose administrative
penalties, and other relevant entities.
3. In case an
on-duty official or public employee commits a violation in education field
which relates to his/her assigned tasks as prescribed in relevant legislative
documents or administrative documents issued by competent authorities or
officers, he/she shall not incur penalties according to the provisions of this
Decree but shall be liable to penalties imposed in accordance with the Law on
officials and public employees.
A regulatory
authority that commits a violation relating to its assigned state management
tasks in education field shall not incur penalties according to the provisions
of this Decree but shall be liable to penalties imposed in accordance with
relevant laws.
Article 3. Penalties and fines
1. Primary
penalties:
a) Warning;
b) Fines.
2. Additional
penalties:
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b) Deportation;
c) Suspension of
operations for a fixed period.
3. Fines:
a) The maximum
fine for a violation in education field imposed upon an individual is VND
50.000.000; that imposed upon an organization is VND 100.000.000;
b) The fines
prescribed in Chapter II of this Decree shall be imposed upon violating
organizations, except the fines prescribed in Clause 5 Article 9, Clause 2
Article 11, Clause 1 and Points a, b, c, d, e Clause 3 Article 14, Point b Clause
3 Article 21, Clause 1 Article 23, Clause 1 Article 29 of this Decree which
shall be imposed upon violating individuals. The fine imposed upon an
individual is half of that imposed upon an organization for committing the same
administrative violation.
Article 4. Remedial measures
In addition to the
remedial measures mentioned in Points a, e and i Clause 1 Article 28 of the Law
on Penalties for Administrative Violations, entities committing violations in
education field may be liable to one or some of the following remedial
measures:
1. Enforced
invalidation of degrees/diplomas issued ultra vires or containing unlawful
contents.
2. Enforced
cancellation of textbooks, syllabi, teaching materials and equipment.
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4. Enforced
assurance of candidates’ rights and benefits.
5. Enforced
transfer of matriculated learners to other eligible educational institutions or
cancellation of matriculation decisions and return of collected amounts to
learners in case of failed transfer.
6. Enforced return
of documents to learners.
7. Enforced return
of collected amounts and payment of all return costs.
8. Enforced
reduction of number of learners to be enrolled in the following year by at
least the excess percentage of total enrolment as prescribed.
9. Enforced
cancellation of blank degrees/diplomas/certificates.
10. Enforced
cancellation of degrees/diplomas/certificates.
11. Enforced
cancellation of duplicates of degrees/diplomas/certificates.
12. Enforced
cancellation of assessment results of education accreditation results.
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14. Enforced
transfer of learners to licensed or registered locations.
15. Enforced
provision or arrangement of lecturers/teachers to provide adequate teaching
periods or learning volume.
16. Enforced
organization or re-organization of dissertation/thesis defense as prescribed.
17. Enforced satisfaction
of safety requirements regarding school and classroom facilities.
18. Enforced
cancellation of disciplinary decisions and restoration of learners’ right to
learn.
19. Enforced
return of amounts improperly paid to state budget.
20. Enforced
disclosure of information as prescribed.
21. Enforced
issuance of public apology to persons whose honor or dignity is harmed or who
are bodily harmed, unless otherwise demanded by affected learners or their
lawful representatives.
22. Enforced
return of improperly paid amounts of donations.
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ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON ESTABLISHMENT,
LICENSING FOR ESTABLISHMENT; MERGER, SPLIT-OFF, SLIT-UP, DISSOLUTION OF
EDUCATIONAL INSTITUTIONS OR EDUCATIONAL SERVICE PROVIDERS; CONVERSION OF TYPES
OF EDUCATIONAL INSTITUTIONS
Article 5. Violations against regulations on establishment,
licensing for establishment; merger, split-off, slit-up, dissolution of
educational institutions or educational service providers; conversion of types
of educational institutions
1. A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed for deliberately
erasing, altering or falsifying one of the following documents:
a) Establishment
decision, decision on establishment licensing; decision on merger, split-off,
slit-up, dissolution or conversion of types of an educational institution;
b) Establishment
decision, decision on establishment licensing; decision on merger, split-off,
slit-up, or dissolution of an education accreditation organization.
2. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed for establishing or
licensing establishment or dissolution of an educational service provider
before obtaining permission from a competent authority.
3. The following
fines shall be imposed for establishing or licensing establishment, merger,
split-off, slit-up, dissolution or conversion of types of an educational
institution before obtaining permission from a competent authority:
a) A fine ranging
from VND 7.000.000 to VND 10.000.000 shall be imposed if the violation involves
a daycare group or independent kindergarten class;
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c) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation
involves a general education institution or continuing education institution;
d) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation
involves a professional secondary school providing teacher training programs;
dd) A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed if the violation
involves a college providing teacher training programs;
e) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed if the violation
involves a higher education institution.
4. Additional
penalties:
a) The exhibit,
which is the erased, altered or falsified establishment decision, decision on
establishment licensing, decision on merger, split-off, slit-up, dissolution or
conversion of types of an educational institution, establishment decision,
decision on establishment licensing, or decision on merger, split-off, slit-up,
or dissolution of an education accreditation organization, of the violation in
Clause 1 of this Article shall be confiscated;
b) Foreigners who
commit the violation in Clause 3 of this Article shall be deported from
Vietnam.
5. Remedial
measures: The entity committing any of the violations in Clauses 1, 2 and 3 of
this Article is compelled to transfer matriculated learners to other eligible
educational institutions or cancel matriculation decisions and return collected
amounts to learners in case of failed transfer.
Article 6. Violations against regulations on licensing for
educational activities, registration of vocational education and training
activities, registration or recognition of educational services
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a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
an early childhood education institution;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves a general education institution, continuing education institution or
educational service provider;
c) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves a professional secondary school or college providing teacher training
programs;
d) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation
involves a higher education institution, academy or institute providing
doctoral training programs.
2. The following
fines shall be imposed for organizing educational activities or providing
educational services at locations other than the licensed, registered or
recognized ones:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
an early childhood education institution;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves a general education institution, continuing education institution or
educational service provider;
c) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation
involves a professional secondary school or college providing teacher training
programs;
d) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation
involves a higher education institution, academy or institute providing
doctoral training programs.
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4. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for performing
fraudulent acts for obtaining permission for educational activities; registration
of vocational education and training activities, registration or recognition of
educational services.
5. The following
fines shall be imposed for organizing educational activities or providing
educational services before obtaining licensing decision, certificate of
registration, or decision on recognition of educational services:
a) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves an early childhood education institution;
b) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation
involves a general education institution, continuing education institution or
educational service provider;
c) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves
a professional secondary school providing teacher training programs;
d) A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed if the violation
involves a college providing teacher training programs;
dd) A fine ranging
from VND 80.000.000 to VND 100.000.000 shall be imposed if the violation
involves a higher education institution, academy or institute providing
doctoral training programs.
6. Additional
penalties:
a) Educational
activities or educational services shall be suspended for a fixed period of 06
– 12 months in case of commission of the violation in Clause 1 of this Article;
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c) Foreigners who
commit any of the violations prescribed in Clauses 3, 4 and 5 of this Article
shall be deported from Vietnam.
7. Remedial
measures:
a) The entity
committing the violation in Clause 2 of this Article is compelled to transfer
learners to its licensed or registered locations;
b) The entity
committing any of the violations in Clauses 1, 3, 4 and 5 of this Article is
compelled to transfer matriculated learners to other eligible educational
institutions or cancel matriculation decisions and return collected amounts to
learners in case of failed transfer;
c) Enforced return
and proposed revocation of decision on licensing for educational activities or
certificate of registration of vocational education and training activities;
certificate of registration or licensing decision or decision on recognition of
educational services in case of commission of the violation in Clause 4 of this
Article.
Article 7. Violations against regulations on organization and
management of educational institutions
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
publicly disclose adequate information according to regulations on information
disclosure by education and training institutions of the national education
system and other relevant legislative documents;
b) Improperly or
partially implementing regulations on reporting;
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d) Using name or
locating the headquarters in a place other than the name or place specified in
the establishment decision or decision on licensing for establishment;
dd) Failing to
perform or improperly performing accountability according to prevailing
regulations.
2. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
promulgate adequate documents within the jurisdiction of educational
institutions as prescribed by law;
b) Failing to
publicly disclose accurate information according to prevailing regulations;
c) Failing to
publicly disclose information according to prevailing regulations;
d) Failing to
implement prevailing regulations on reporting;
dd) Failing to
send notices/decisions issued by the higher education institution to the
Ministry of Education and Training of Vietnam according to prevailing
regulations.
3. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for promulgating
documents ultra vires or those containing unlawful contents.
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5. Remedial
measures:
a) The entity
committing the violation in Point a Clause 1 or Point c Clause 2 of this
Article is compelled to make information disclosure as prescribed;
b) The entity
committing the violation in Point b Clause 2 of this Article is compelled to
correct false information;
c) The entity
committing the violation in Clause 3 of this Article is compelled to invalidate
documents promulgated ultra vires or those containing unlawful information.
Section 2. VIOLATIONS AGAINST REGULATIONS ON ENROLMENT
Article 8. Violations against regulations on organization of
enrolment activities
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations:
a) Issuing or
publicly disclosing an enrolment announcement or enrolment scheme which does
not contain correct and accurate information as prescribed;
b) Failing to
announce enrolment for a period prescribed by law.
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a) Announcing
total enrolment in excess of the one determined according to regulations on
determination of total enrolment;
b) Failing to
comply with enrolment procedures laid down in prevailing regulations.
3. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
disclose the cut-off marks of training disciplines for which the cut-off mark
is a requirement;
b) Carrying out
enrolment against the announced enrolment scheme.
4. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed for foreign training
disciplines/majors or programs before obtaining permission.
5. Additional
penalties: Foreigners who commit the violation in Clause 4 of this Article
shall be deported from Vietnam.
6. Remedial measures:
The entity committing the violation in Clause 4 of this Article is compelled to
transfer matriculated learners to other eligible educational institutions or
cancel matriculation decisions and return collected amounts to learners in case
of failed transfer.
Article 9. Violations against regulations on eligible candidates
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a) A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed if the violation involves
fewer than 10 learners;
b) A fine ranging
from VND 3.000.000 to VND 5.000.000 shall be imposed if the violation involves
10 - 30 learners;
c) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
30 learners or more.
2. The following
fines shall be imposed for admitting unqualified learners for intermediate- or college-level teacher training programs:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
fewer than 10 learners;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 10 - 30 learners;
c) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves 30 learners or more.
3. The following
fines shall be imposed for admitting learners who fail to meet eligibility
requirements laid down in enrolment regulations at higher education level:
a) A fine ranging
from VND 10.000.000 to VND 30.000.000 shall be imposed if the violation
involves fewer than 10 learners;
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c) A fine ranging
from VND 70.000.000 to VND 100.000.000 shall be imposed if the violation
involves 30 learners or more.
4. The following
fines shall be imposed for admitting learners who fail to meet eligibility
requirements laid down in enrolment regulations for master or doctoral training
programs:
a) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation
involves fewer than 05 learners;
b) A fine ranging
from VND 40.000.000 to VND 70.000.000 shall be imposed if the violation
involves 05 - 10 learners;
c) A fine ranging
from VND 70.000.000 to VND 100.000.000 shall be imposed if the violation
involves 10 learners or more.
5. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for providing false
information or altering documents included in the admission application in
order to be enrolled, if not liable to criminal prosecution.
6. Additional
penalties: Enrolment activities of the entity committing the violation in Point
c Clause 3 or Point c Clause 4 of this Article shall be suspended for a fixed
period of 06 - 12 months.
7. Remedial
measures:
a) The entity
committing any of the violations in Clause 1, 2, 3 and 4 of this Article is
compelled to cancel the matriculation decision; return collected amounts to learners
and incur all return fees if both the violating entity and learners are at
fault;
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c) Enforced return
and proposed revocation of matriculation decision in case of commission of the
violation in Clause 5 of this Article.
Article 10. Violations against regulations on total enrolment
1. The following
fines shall be imposed for enrolling a number of learners at upper secondary
education level in excess of total enrolment as prescribed:
a) A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed if 03% - 10% of total
enrollment is exceeded;
b) A fine ranging
from VND 3.000.000 to VND 6.000.000 shall be imposed if 10% - 15% of total
enrollment is exceeded;
c) A fine ranging
from VND 6.000.000 to VND 10.000.000 shall be imposed if 15% - 20% of total
enrollment is exceeded;
d) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if 20%, or more, of
total enrollment is exceeded.
2. The following
fines shall be imposed for enrolling a number of learners for college- or
intermediate-level teacher training programs in excess of total enrolment
determined according to regulations on determination of total enrolment:
a) A fine ranging
from VND 2.000.000 to VND 4.000.000 shall be imposed if 03% - 10% of total
enrollment is exceeded;
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c) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if 15% - 20% of total
enrollment is exceeded;
d) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed if 20%, or more, of
total enrollment is exceeded.
3. The following
fines shall be imposed for enrolling a number of learners at higher education
level in excess of total enrolment determined according to regulations on
determination of total enrolment:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if 03% - 10% of total
enrollment is exceeded;
b) A fine ranging
from VND 10.000.000 to VND 30.000.000 shall be imposed if 10% - 15% of total
enrollment is exceeded;
c) A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed if 15% - 20% of total
enrollment is exceeded;
d) A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed if 20%, or more, of
total enrollment is exceeded.
4. The following
fines shall be imposed for enrolling a number of learners for master or
doctoral training programs in excess of total enrolment determined according to
regulations on determination of total enrolment:
a) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if 03% - 10% of total
enrollment is exceeded;
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c) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed if 15% - 20% of total
enrollment is exceeded;
d) A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed if 20%, or more, of
total enrollment is exceeded.
5. Remedial
measures: The entity committing any of the violations in Clauses 1, 2, 3 and 4
of this Article is compelled to reduce number of learners to be enrolled in the
following year by at least the excess percentage of total enrolment.
Section 3. VIOLATIONS AGAINST REGULATIONS ON TRAINING
CONTENTS/PROGRAMS, BRIDGE PROGRAMS AND JOINT TRAINING
Article 11. Violations against regulations on training volume,
contents and programs
1. A fine ranging
from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to prepare
adequate documents and records as prescribed or failing to use provided
teaching equipment as prescribed.
2. A warning or
the following fines shall be imposed for failing to provide adequate teaching
periods or learning volume of each of the subjects or modules included in an
educational program:
a) A warning shall
be imposed if the violation involves fewer than 05 teaching periods;
b) A fine ranging
from VND 500.000 to VND 1.000.000 shall be imposed for the violation involves
05 - 10 teaching periods;
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d) A fine ranging
from VND 2.000.000 to VND 4.000.000 shall be imposed if the violation involves
15 teaching periods or more.
3. A warning or
the following fines shall be imposed for failing to arrange teachers/lecturers
for delivering adequate teaching periods or learning volume of an educational
program:
a) A warning shall
be imposed if the violation involves fewer than 05 teaching periods;
b) A fine ranging
from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves
05 – 10 teaching periods;
c) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
10 – 15 teaching periods;
d) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves 15 teaching periods or more.
4. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to organize
dissertation/thesis defense as prescribed in the educational program.
5. A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed for commission of one of
the following violations:
a) Organizing
assessment of master’s thesis or doctoral dissertation for learners who have
not yet completed their training programs as prescribed;
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6. A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed for formulating higher
education programs of different levels against prevailing regulations.
7. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for shall be imposed for failing to ensure training or educational duration
or training mode when providing foreign educational programs.
8. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed for providing a foreign
educational program other than the one specified in the approved application.
9. Additional
penalties: Educational activities shall be suspended for a fixed period of 06 –
12 months in case of commission of the violation in Clause 7 or Clause 8 of
this Article.
10. Remedial
measures:
a) The entity
committing the violation in Clause 2 or Clause 3 of this Article is compelled
to provide or arrange lecturers/teachers to provide adequate teaching periods
or learning volume;
b) The entity
committing the violation in Clause 4 of this Article is compelled to organize
dissertation/thesis defense as prescribed;
c) The entity
committing the violation in Point b Clause 5 of this Article is compelled to
re-organize dissertation/thesis defense as prescribed;
d) The entity
committing any of the violations in Clause 7 or Clause 8 of this Article is
compelled to transfer matriculated learners to other eligible educational
institutions or cancel matriculation decisions and return collected amounts to
learners in case of failed transfer.
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1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for exercising the
autonomy in opening training disciplines/majors against procedures laid down in
prevailing regulations.
2. A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
satisfy one of the eligibility requirements to open a training discipline or
major when exercising the autonomy in opening that discipline or major;
b) Performing
fraudulent acts for obtaining permission to open a training discipline or
major;
c) Failing to
maintain the satisfaction of one of eligibility requirements to open training
disciplines/majors according to prevailing regulations.
3. Additional
penalties: Educational activities regarding the violating disciplines/majors
shall be suspended for a fixed period of 06- 12 months in case of commission of
the violation in Point c Clause 2 of this Article.
4. Remedial
measures:
a) The entity
committing the violation in Clause 2 of this Article is compelled to transfer
matriculated learners to other eligible educational institutions or cancel
matriculation decisions and return collected amounts to learners in case of
failed transfer;
b) Enforced return
and proposed revocation of the decision to give permission for opening training
disciplines/majors in case of commission of the violation in Point b Clause 2
of this Article.
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1. The following
fines shall be imposed for violations against regulations on bridge programs:
a) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to submit
reports to the Ministry of Education and Training of Vietnam; failing to
publicly disclose or disclosing inadequate information about bridge programs on
the website of the higher education institution according to prevailing
regulations;
b) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for exercising the
autonomy in providing bridge programs without satisfying eligibility
requirements as prescribed.
2. The following
fines shall be imposed for violations against regulations on joint training:
a) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for concluding a joint
training contract which does not contain adequate information about application
fees, tuition fees and responsibilities of contractual parties according to
prevailing regulations;
b) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for committing a
violation involving responsibilities of parties of the joint training contract;
c) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for granting full-time
degrees to students of joint training programs;
d) A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed for providing joint
training programs in collaboration with ineligible partners;
dd) A fine ranging
from VND 50.000.000 to VND 60.000.000 shall be imposed for providing joint
training programs before obtaining written permission from a competent
authority or exercising the autonomy in providing joint training programs
without satisfying eligibility requirements as prescribed by law.
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4. Remedial
measures:
a) The entity
committing the violation in Point b Clause 1 or Point dd Clause 2 of this
Article is compelled to transfer matriculated learners to other eligible
educational institutions or cancel matriculation decisions and return collected
amounts to learners in case of failed transfer;
b) The entity
committing the violation in Point c or d Clause 2 of this Article is compelled
to transfer learners to its licensed locations.
Section 4. VIOLATIONS AGAINST REGULATIONS ON EXAMINATION, TEST AND
ASSESSMENT OF LEARNERS’ PERFORMANCE
Article 14. Violations against regulations on examination
1. A fine ranging
from VND 6.000.000 to VND 8.000.000 shall be imposed for disrupting or
threatening to use violence to obstruct candidates and organizers, inspectors,
supervisors, examiners and supporting staff of an exam.
2. A fine ranging
from VND 8.000.000 to VND 12.000.000 shall be imposed for disclosing false
information about an exam.
3. The following
fines shall be imposed for violations against regulations on examination:
a) A fine ranging
from VND 1.000.000 to VND 2.000.000 shall be imposed for entering the area
where an exam is organized or marking activities are performed without
permission; bringing documents, information carriers, or tools/equipment which
are not allowed/prohibited to the exam room or marking area;
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c) A fine ranging
from VND 6.000.000 to VND 8.000.000 shall be imposed for unlawfully changing
the contents of exam papers or the given grades, if not liable to criminal
prosecution;
d) A fine ranging
from VND 8.000.000 to VND 12.000.000 shall be imposed for swapping exam papers,
if not liable to criminal prosecution;
dd) A fine ranging
from VND 12.000.000 to VND 14.000.000 shall be imposed for organizing marking
of exam papers against regulations, if not liable to criminal prosecution;
e) A fine ranging
from VND 14.000.000 to VND 16.000.000 shall be imposed for knowingly
personating another person or having another person personate at an exam.
4. A fine ranging
from VND 13.000.000 to VND 15.000.000 shall be imposed for losing exam papers
of candidates.
5. Remedial
measures:
a) The entity
committing the violation in Clause 2 of this Article is compelled to correct
false information;
b) The entity
committing the violation in Point c Clause 3 of this Article is compelled to
restore the initial state which has been altered due to the violation;
c) The entity
committing the violation in Point c, d or dd Clause 3, or Clause 4 of this
Article is compelled to ensure rights and benefits of candidates.
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1. A fine ranging
from VND 2.000.000 to VND 15.000.000 shall be imposed for organizing tests or
assessment of learners’ performance against prevailing regulations.
2. Remedial
measures: The entity committing the violation in Clause 1 of this Article is
compelled to hold another test or re-assess learners’ performance.
Section 5. VIOLATIONS AGAINST REGULATIONS ON OVERSEAS EDUCATION
CONSULTING; INTERNATIONAL COOPERATION AND FOREIGN INVESTMENT IN EDUCATION
Article 16. Violations against regulations on overseas education
consulting
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
publicly disclose information about the foreign educational institution or
quality accreditation or recognition of that foreign educational institution or
its educational programs to persons who want to study abroad;
b) Publicly
disclosing false information about the overseas education consulting service
provider or the foreign educational institution or quality accreditation or
recognition of that foreign educational institution or its educational programs
to persons who want to study abroad;
c) Failing to
implement prevailing regulations on reporting.
2. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for leasing or letting others
borrow the certificate of registration of overseas education consulting
services.
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a) Providing
consulting services or sending students to educational institutions in foreign
countries for attending higher education, master or doctoral programs which
have not yet been accredited or recognized in such countries;
b) Providing
consulting services or sending students to educational institutions in foreign
countries before entering into contracts with such institutions;
c) Failing to
enter into overseas education consulting service contracts with students who
want to study abroad, or their parents or lawful guardians;
d) Failing to perform
or partially performing responsibilities and obligations of the overseas
education consulting service provider towards students who have used its
services and are studying abroad.
4. A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed for continuing providing
overseas education consulting services during the suspension period of overseas
education consulting services.
5. Additional
penalties: Overseas education consulting services shall be suspended for a
fixed period of 03 – 06 months in case of commission of the violation in Point
b Clause 1, Clause 2 or Clause 3 of this Article.
6. Remedial
measures:
a) The entity
committing the violation in Point b Clause 1 of this Article is compelled to
correct false information;
b) The violating
entity is compelled to return all profits illegally obtained from the violation
in Clause 2 of this Article;
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Article 17. Violations against regulations on operation of
representative offices of foreign educational institutions in Vietnam
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for continuing
operations after the validity period specified in the license to establish
representative office in Vietnam has expired.
2. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of
the following violations:
a) Performing
fraudulent acts for obtaining the license to establish representative office;
b) Operating
against the issued decision on licensing for establishment of representative
office or certificate of operation registration.
3. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for carrying out
operations before obtaining the license to establish or operate in Vietnam.
4. Additional
penalties: Operations of the representative office of foreign educational
institution in Vietnam shall be suspended for a fixed period of 03 - 06 months
in case of commission of the violation in Point b Clause 2 of this Article.
5. Remedial
measures:
a) Enforced return
and proposed revocation of the license to establish representative office in
case of commission of the violation in Point a Clause 2 of this Article;
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Article 18. Violations against regulations on admission of
Vietnamese students to foreign educational programs provided by
foreign-invested early childhood institutions or general education institutions
1. A fine ranging
from VND 30.000.000 to VND 60.000.000 shall be imposed for admitting a number
of Vietnamese students to a foreign educational program provided by a
foreign-invested early childhood education institution or general education
institution in excess of 50% of total students of that program.
2. Remedial
measures: The entity committing the violation in Clause 1 of this Article is
compelled to transfer matriculated learners to other eligible educational
institutions or cancel matriculation decisions and return collected amounts to
learners in case of failed transfer.
Article 19. Violations against regulations on joint education and
training with foreign partners
1. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
satisfy one of the eligibility requirements to provide joint education or joint
training;
b) Performing
fraudulent acts for obtaining a competent authority’s approval for joint
education or joint training.
2. A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed for providing joint
education or joint training program against the approval given by a competent
authority.
3. A fine ranging
from VND 60.000.000 to VND 80.000.000 shall be imposed for providing joint
education or joint training after the validity period specified in the decision
on approval or extension or modification of joint education or joint training
activities has expired.
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a) Providing joint
education or joint training before obtaining a competent authority’s written
approval;
b) Exercising the
autonomy in providing joint training programs without satisfying eligibility
requirements as prescribed.
5. Additional
penalties: Joint education or joint training programs provided by the entity committing
the violation in Clause 1 or Clause 2 of this Article shall be suspended for a
fixed period of 06 - 12 months.
6. Remedial
measures: The entity committing the violation in Clause 4 of this Article is
compelled to transfer matriculated learners to other eligible educational
institutions or cancel matriculation decisions and return collected amounts to
learners in case of failed transfer.
Article 20. Violations against regulations on cooperation in
organization of examination for issuance of certificates of foreign language
proficiency
1. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
satisfy one of the eligibility requirements to cooperate in organization of examination
for issuance of certificates of foreign language proficiency;
b) Performing
fraudulent acts for obtaining a competent authority’s approval for cooperation
in organization of examination for issuance of certificates of foreign language
proficiency.
2. A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed for cooperating in
organization of examination for issuance of certificates of foreign language
proficiency after the validity period specified in the decision on approval or
extension of cooperation has expired.
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4. Additional
penalties:
a) Cooperation
activities of the entity committing the violation in Clause 1 or Clause 2 of
this Article shall be suspended for a fixed period of 06 – 12 months;
b) The proceeds
obtained from the violation in Clause 2 or Clause 3 of this Article shall be
confiscated and paid to state budget in case collected amounts cannot be
returned to payers.
5. Remedial
measures: The entity committing the violation in Clause 2 or Clause 3 of this
Article is compelled to return collected amounts and incur all return fees.
Section 6. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT, ISSUANCE
AND USE OF DEGREES/DIPLOMAS AND CERTIFICATES
Article 21. Violations against regulations on issuance and
management of degrees/diplomas/certificates under management of Ministry of
Education and Training of Vietnam
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
promulgate or promulgating regulations on management, retention, use and
issuance of degrees/diplomas/certificates which do not have adequate contents
as prescribed by law;
b) Failing to
satisfy requirements regarding material facilities, fire and explosion
prevention and control equipment for keeping degrees/diplomas/certificates and
relevant documents according to prevailing regulations;
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d) Failing to
issue duplicates of degrees/diplomas/certificates according to prevailing
regulations.
2. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
issue degrees/diplomas/certificates or their duplicates within prescribed time
limits;
b) Revoking or
invalidating degrees/diplomas/certificates against regulations;
c) Failing to
issue or issuing appendices to higher education degrees/diplomas against
prevailing regulations;
d) Failing to
prepare or preparing documents on issuance and management of
degrees/diplomas/certificates which do not contain adequate and accurate
information as prescribed by law.
3. A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of
the following violations:
a) Issuing
degrees/diplomas/certificates or their duplicates against regulations, except
the violation prescribed in Point a Clause 2 of this Article;
b) Performing
fraudulent acts for being issued with degrees/diplomas/certificates or their
duplicates.
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5. Remedial
measures:
a) The entity
committing the violation in Point c Clause 1 of this Article is compelled to
invalidate documents containing unlawful information; invalidate
degrees/diplomas/certificates -re-issued against regulations on contents or issuing
authority;
b) The entity
committing the violation in Clause 3 of this Article is compelled to invalidate
issued degrees/diplomas/certificates or their duplicates.
Article 22. Violations against regulations on printing and
management of blank degrees/diplomas/certificates under management of Ministry
of Education and Training of Vietnam
1. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations:
a) Failing to
satisfy requirements regarding material facilities, fire and explosion
prevention and control equipment for printing and keeping blank
degrees/diplomas/certificates according to prevailing regulations;
b) Failing to
prepare or preparing documents on printing, issuance, use, revocation and
cancellation of blank degrees/diplomas/certificates which do not contain
adequate and accurate information as prescribed by law;
c) Failing to
regulate the assignment of codes/signs used to identify blank
degrees/diplomas/certificates for the purposes of security, identification and
prevention of forgery of blank degrees/diplomas/certificates;
d) Printing blank
degrees/diplomas/certificates whose contents do not comply with prevailing
regulations;
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2. Remedial
measures: The entity committing the violation in Point d Clause 1 of this
Article is compelled to destroy blank degrees/diplomas/certificates whose
contents do not comply with prevailing regulations.
Article 23. Violations against regulations on use and disclosure of
information on issuance of degrees/diplomas/certificates under management of
Ministry of Education and Training of Vietnam
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of
the following violations:
a) Using
degrees/diplomas/certificates of others;
b) Letting others
use one’s degrees/diplomas/certificates;
c) Using
degrees/diplomas/certificates which have been erased, altered or falsified.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations:
a) Disclosing
inadequate information on issuance of degrees/diplomas/certificates on the
issuer’s website;
b) Disclosing
inaccurate information on issuance of degrees/diplomas/certificates on the
issuer’s website;
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4. Additional
penalties: The exhibits, which are erased, altered or falsified
degrees/diplomas/certificates, of the violation in Point c Clause 1 of this
Article shall be confiscated.
5. Remedial
measures:
a) The entity
committing the violation in Point a Clause 2 or Clause 3 of this Article is
compelled to make information disclosure as prescribed;
b) The entity
committing the violation in Point b Clause 2 of this Article is compelled to
correct false information.
Section 7. VIOLATIONS AGAINST REGULATIONS ON TEACHERS AND LEARNERS
Article 24. Violations against regulations on employment of teachers
1. The following
fines shall be imposed for employing unqualified teachers:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
an early childhood education institution, general education institution or
continuing education institution;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves a professional secondary school or college providing teacher training
programs;
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2. A fine ranging
from VND 40.000.000 to VND 50.000.000 shall be imposed for employing teachers
who fail to meet professional qualification or foreign language proficiency
requirements to provide joint education or joint training programs with foreign
partners, to teach at foreign-invested educational institutions, or to carry
out cooperation in examination for issuance of certificates of foreign language
proficiency.
Article 25. Violations against regulations on full-time teachers and
lecturers of educational institutions
The following
fines shall be imposed for failing to ensure the prescribed ratio of full-time
teachers/lecturers to total teachers/lecturers of educational institutions:
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves
a public general education institution granted the autonomy in its
organizational structure or a private general education institution.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation
involves a professional secondary school or college providing teacher training
programs.
3. A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation
involves a higher education institution, academy or institute providing
doctoral training programs.
Article 26. Harming honor or dignity, or bodily harming teachers and
managers of educational institutions; violations against regulations and
policies for teachers
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for harming honor or
dignity, or bodily harming teachers/managers of educational institutions, if
not liable to criminal prosecution.
2. A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed for committing
violations against policies for teachers.
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Article 27. Violations against regulations on management of learner
profiles
1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of
the following violations:
a) Letting others
alter documents related to assessment of learners’ performance;
b) Preparing
learner profiles against prevailing regulations;
c) Committing a
violation against regulations on retention and management of learner profiles.
2. A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed for receiving and
keeping documents of learners against prevailing regulations.
3. Remedial
measures:
a) The entity
committing the violation in Point a Clause 1 of this Article is compelled to
restore the initial state which has been altered due to the violation;
b) The entity
committing the violation in Clause 2 of this Article is compelled to return
documents to learners as prescribed.
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1. A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of
the following violations:
a) Taking
disciplinary actions against learners against prevailing regulations;
b) Harming honor
or dignity or bodily harming learners, if not liable to criminal prosecution.
2. A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed for committing
violations against policies for learners.
3. Remedial
measures:
a) The entity
committing the violation in Point a Clause 1 of this Article is compelled to
cancel disciplinary decisions and restore learners’ right to learn;
b) The entity
committing the violation in Point b Clause 1 of this Article is compelled to
issue public apology to learners whose honor or dignity is harmed or who are
bodily harmed, unless otherwise demanded by affected learners or their lawful
representatives.
Article 29. Violations against regulations on universal access to
education
1. A fine ranging
from VND 1.000.000 to VND 2.000.000 shall be imposed for inciting others to
refuse or quit universal access to education programs at different levels.
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Section 8. VIOLATIONS AGAINST REGULATIONS ON MATERIALS FACILITIES,
EQUIPMENT, FINANCE AND QUALITY ASSURANCE CONDITIONS
Article 30. Violations against regulations on purchase, receipt and
use of textbooks, syllabi, teaching materials and equipment
1. A fine ranging
from VND 30.000.000 to VND 50.000.000 shall be imposed for purchasing,
receiving or using textbooks, syllabi, teaching materials and equipment whose
contents cause harm to the national defense or security, sovereignty over national
borders, territorial seas and islands, community benefits, or international
peace and security; distort the State guidelines, policies and regulations, or
fight against the Government of the Socialist Republic of Vietnam; weaken or
destroy the great national unity or distort history; provoke or advocate a war
of aggression; adversely influence cultural and moral values as well as fine
traditions and customs; distribute or disseminate superstitious or unlawful
religious activities, unsound customs or social evils, if not liable to
criminal prosecution.
2. Remedial
measures: The entity committing the violation in Clause 1 of this Article is
compelled to destroy textbooks, syllabi, teaching materials and equipment.
Article 31. Violations against regulations on mobilization of
donations by educational institutions
1. The following
fines shall be imposed for violations against regulations on mobilization of
donations by educational institutions:
a) A fine ranging
from VND 5.000.000 to VND 10.000.000 shall be imposed for committing violations
against regulations on mobilization and receipt of donations;
b) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for committing
violations against regulations on management and use of donations.
2. Remedial
measures: The entity committing the violation in Point b Clause 1 of this
Article is compelled to return improperly paid amounts of donations.
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1. Penalties for
violations against regulations on expenditures of which payment is controlled
by the State Treasury shall be imposed in accordance with the Government’s
regulations on penalties for administrative violations in the fields of
management and use of public property; thrift practice and waste combat;
national reserves; state treasury.
2. A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of
the following violations:
a) Receiving
payments against regulations of competent authorities;
b) Making payments
against regulations of competent authorities in respect of payments which are
not covered by state budget.
3. Additional
penalties: The proceeds obtained from the violation in Point a Clause 2 of this
Article shall be confiscated and paid to state budget in case collected amounts
cannot be returned to payers.
4. Remedial
measures:
a) The entity
committing the violation in Point a Clause 2 of this Article is compelled to
return collected amounts and incur all return fees;
b) The entity
committing the violation in Point b Clause 2 of this Article is compelled to
return improperly paid amounts to state budget.
Article 33. Violations against regulations on quality or safety
assurance conditions regarding material facilities of schools and classrooms
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2. The following
fines shall be imposed for failing to maintain the prescribed student-teacher
ratio or floor space per student ratio:
a) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed upon an educational
institution whose prescribed student-teacher ratio is exceeded by 50% - 100% or
that only achieves 50% - 90% of the prescribed floor space per student ratio;
b) A fine ranging
from VND 20.000.000 to VND 40.000.000 shall be imposed upon an educational
institution whose prescribed student-teacher ratio is exceeded by 100%, or
more, or that only achieves less than 50% of the prescribed floor space per
student ratio.
3. Additional
penalties: Enrolment by the entity committing the violation in Point b Clause 2
of this Article shall be suspended for a fixed period of 12 - 24 months.
4. Remedial
measures: The entity committing the violation in Clause 1 of this Article is
compelled to satisfy safety assurance conditions regarding facilities of
schools and classrooms.
Article 34. Violations against regulations on education quality
accreditation
1. The following
fines shall be imposed upon an educational institution for committing
violations against regulations on quality assessment of educational institutions
and educational programs:
a) A fine ranging
from VND 10.000.000 to VND 15.000.000 shall be imposed for conducting internal
assessment of quality of the educational institution or its training programs
against procedures and regulations;
b) A fine ranging
from VND 15.000.000 to VND 20.000.000 shall be imposed for providing false
information about quality assessment results of the educational institution or
its educational programs.
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a) A fine ranging
from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to disclose
or disclosing inadequate or inaccurate information on the website of the
education accreditation organization according to prevailing regulations;
b) A fine ranging
from VND 20.000.000 to VND 30.000.000 shall be imposed for establishing an
external assessment team against prevailing regulations;
c) A fine ranging
from VND 30.000.000 to VND 40.000.000 shall be imposed for conducting external
assessment of the educational institution or its educational programs against
procedures and regulations;
d) A fine ranging
from VND 40.000.000 to VND 60.000.000 shall be imposed for recognizing
assessment results and issuing certificate of conformity with education
accreditation standards without satisfying requirements laid down in prevailing
regulations.
3. Additional
penalties: Education accreditation activities shall be suspended for a fixed
period of 12- 24 months in case of commission of the violation in Point d
Clause 2 of this Article.
4. Remedial
measures:
a) The entity
committing the violation in Point a Clause 2 of this Article is compelled to
publicly disclose information as prescribed or correct false information;
b) Assessment
results or education accreditation results shall be invalidated in case of
commission of the violation in Point b or d Clause 2 of this Article;
c) The entity
committing the violation in Point b or d Clause 2 of this Article is compelled
to return collected amounts and incur all return fees.
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POWER TO
RECORD AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 35. Power to make records and impose penalties for
violations against regulations on education
1. The following
officers shall have the power to record administrative violations prescribed in
this Decree:
a) The officers
that have the power to impose administrative penalties mentioned in Articles
36, 37 and 38 of this Decree;
b) Officials of
district-level Departments of Education and Training, provincial Departments of
Education and Training; on-duty full-time officials in charge of educational
management of Ministries and ministerial agencies;
c) On-duty
officers, non-commissioned officers, soldiers of provincial-level police
agencies, Immigration Department.
2. The penalties
imposed by the title holders prescribed in Articles 36, 37 and 38 of this
Decree are incurred by violating organizations; a title holder shall have the
right to impose a fine which is half of that incurred by an organization upon
an individual for committing the same administrative violation.
Article 36. Power to impose penalties of Chairpersons of People’s
Committees at all levels
1. Chairpersons of
People’s Committees of communes, wards or commune-level towns (hereinafter
referred to as “commune-level") shall have the power to:
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b) Impose a fine
up to VND 10.000.000;
c) Confiscate the
exhibits and instrumentalities which have been used for committing
administrative violation but are worth less than the fine specified in Point b
of this Clause;
d) Impose the
remedial measures specified in Point a Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
2. Chairpersons of
People’s Committees of urban/rural districts, district-level towns and
provincial cities (hereinafter referred to as “district-level") shall have
the power to:
a) Issue warning;
b) Impose a fine
up to VND 50.000.000;
c) Suspend
licenses/practicing certificates or operations for a fixed period;
d) Confiscate the
exhibits and instrumentalities which have been used for committing
administrative violation but are worth less than the fine specified in Point b
of this Clause;
dd) Impose the
remedial measures specified in Article 4 of this Decree.
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a) Issue warning;
b) Impose a fine
up to VND 100.000.000;
c) Suspend
licenses/practicing certificates or operations for a fixed period;
d) Confiscate the
exhibits and instrumentalities used for committing administrative violations;
dd) Impose the
remedial measures specified in Article 4 of this Decree.
Article 37. Power to impose penalties of inspectors in education
field
1. On-duty
inspectors in education field shall have the power to:
a) Issue warning;
b) Impose a fine
up to VND 1.000.000;
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d) Impose the
remedial measures specified in Point a Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
2. Chief Inspectors
of education authorities affiliated to provincial-level People's Committees,
and heads of specialized inspection teams in
education field established by provincial Departments
shall have the power to:
a) Issue warning;
b) Impose a fine
up to VND 50.000.000;
c) Suspend
licenses/practicing certificates or operations for a fixed period;
d) Confiscate the
exhibits and instrumentalities which have been used for committing
administrative violation but are worth less than the fine specified in Point b
of this Clause;
dd) Impose the
remedial measures specified in Article 4 of this Decree.
3. Heads of
specialized inspection teams in education field
established by Ministries shall have the power to:
a) Issue warning;
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c) Suspend
licenses/practicing certificates or operations for a fixed period;
d) Confiscate the
exhibits and instrumentalities which have been used for committing
administrative violation but are worth less than the fine specified in Point b
of this Clause;
dd) Impose the
remedial measures specified in Article 4 of this Decree.
4. The Chief
Inspector of the Ministry of Education and Training of Vietnam shall have the
power to:
a) Issue warning;
b) Impose a fine
up to VND 100.000.000;
c) Suspend
licenses/practicing certificates or operations for a fixed period;
d) Confiscate the
exhibits and instrumentalities used for committing administrative violations;
dd) Impose the
remedial measures specified in Article 4 of this Decree.
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1. Directors of
Provincial-level Police Departments shall have the power to:
a) Issue warning;
b) Impose a fine
up to VND 50.000.000;
c) Suspend
licenses/practicing certificates or operations for a fixed period;
d) Confiscate the
exhibits and instrumentalities which have been used for committing
administrative violations but are worth less than the fine specified in Point b
of this Clause;
dd) Issue
deportation decisions;
e) Impose the
remedial measures specified in Article 4 of this Decree, except those specified
in Point e Clause 1 Article 28 of the Law on Penalties for Administrative
Violations.
2. Director of the
Immigration Department shall have the power to:
a) Issue warning;
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c) Suspend
licenses/practicing certificates or operations for a fixed period;
d) Confiscate the
exhibits and instrumentalities used for committing administrative violations;
dd) Issue
deportation decisions;
e) Impose the
remedial measures specified in Article 4 of this Decree, except those specified
in Point e Clause 1 Article 28 of the Law on Penalties for Administrative
Violations.
Article 39. Determination of power to impose penalties
1. Power to impose
administrative penalties of Chairpersons of people’s committees at all levels:
a) Chairpersons of
commune-level people’s committees shall have the power to impose penalties for
the administrative violations prescribed in Clause 1 Article 11; Point a Clause
3 Article 14; Point a Clause 1 Article 24; Clause 1 Article 25; Clause 1
Article 27; Article 29; Point a Clause 1 Article 31 of this Decree;
b) Chairpersons of
district-level people’s committees shall have the power to impose penalties for
the administrative violations prescribed in Clauses 1 and 2 Article 5; Clause 1
and Points а, b, c Clause 2 Article 6; Clauses 1, 2 and 3 Article 7; Clauses 1,
2 and 3 Article 8; Clauses 1 and 2, Point a Clause 3, Point a Clause 4 and
Clause 5 Article 9; Clause 1, Clause 2, Points a, b, c Clause 3 and Points a, b
Clause 4 Article 10; Article 11; Article 12; Clause 1 and Points a, b, c, d
Clause 2 Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1
Article 19; Clause 1 Article 20; Clauses 1, 2, 3, 4 Article 21; Article 22;
Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article
29; Article 30; Article 31; Clause 2 Article 32; Article 33; Clause 1 and
Points a, b, c Clause 2 Article 34; Points a, b, c Clause 3 Article 5; Clauses
3, 4 and Points a, b Clause 5 Article 6 of this Decree where the violating
entities are Vietnamese citizens;
c) Chairpersons of
provincial-level people’s committees shall have the power to impose penalties
for the administrative violations prescribed in Clauses 1 and 2 Article 5;
Clauses 1 and 2 Article 6; Article 7; Clauses 1, 2 and 3 Article 8; Article 9;
Article 10; Sections 3, 4, 5, 6, 7, 8 Chapter II; Clause 3 Article 5; Clauses
3, 4 and 5 Article 6; Clause 4 Article 8 of this Decree where the violating
entities are Vietnamese citizens.
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a) Chief Inspectors of education authorities affiliated to
provincial-level People's Committees, and heads of specialized inspection teams
in education field established by provincial Departments shall have the power
to impose penalties for the administrative violations prescribed in Clauses 1
and 2 Article 5; Clause 1 and Points a, b, c Clause 2 Article 6; Clauses 1, 2
and 3 Article 7; Clauses 1, 2 and 3 Article 8; Clauses 1 and 2, Point a Clause
3, Point a Clause 4 and Clause 5 Article 9; Clause 1, Clause 2, Points a, b, c
Clause 3 and Points a, b Clause 4 Article 10; Article 11; Article 12; Clause 1
and Points a, b, c, d Clause 2 Article 13; Article 14; Article 15; Article 16;
Article 17; Clause 1 Article 19; Clause 1 Article 20; Clauses 1, 2, 3, 4
Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article
27; Article 28; Article 29; Article 30; Article 31; Clause 2 Article 32;
Article 33; Clause 1 and Points a, b, C Clause 2 Article 34; Points a, b, c
Clause 3 Article 5; Clauses 3, 4 and Points a, b Clause 5 Article 6 of this
Decree where the violating entities are Vietnamese citizens;
b) Heads of
specialized inspection teams in education field
established by Ministries shall have the power to impose penalties for the
administrative violations prescribed in Clauses 1 and 2 Article 5; Clauses 1
and 2 Article 6; Article 7; Clauses 1, 2 and 3 Article 8; Clauses 1 and 2,
Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses
1, 2, 3 and Points a, b, c Clause 4 Article 10; Sections 3, 4 Chapter II;
Article 16; Article 17; Article 18; Clauses 1 and 2 Article 19; Clauses 1 and 2
Article 20; Sections 6, 7, 8 Chapter II; Points a, b, c, d Clause 3 Article 5;
Clauses 3, 4 and Points a, b, c Clause 5 Article 6; Clause 4 Article 8 of this
Decree where the violating entities are Vietnamese citizens;
c) The Chief
Inspector of the Ministry of Education and Training of Vietnam shall have the
power to impose penalties for the administrative violations prescribed in
Clauses 1 and 2 Article 5; Clauses 1 and 2 Article 6; Article 7; Clauses 1, 2
and 3 Article 8; Article 9; Article 10; Sections 3, 4, 5, 6, 7, 8 Chapter II;
Clause 3 Article 5; Clauses 3, 4 and 5 Article 6; Clause 4 Article 8 of this
Decree where the violating entities are Vietnamese citizens.
3. Power to impose
penalties of Directors of provincial-level police agencies and Director of
Immigration Department:
a) Directors of
provincial-level police agencies shall have the power to impose penalties for
the administrative violations prescribed in Points a, b and c Clause 3 Article
5; Clauses 3, 4 and Points a, b Clause 5 Article 6 of this Decree;
b) Director of the
Immigration Department shall have the power to impose penalties for the
administrative violations prescribed in Clause 3 Article 5; Clauses 3, 4 and 5
Article 6; Clause 4 Article 8 of this Decree.
Chapter IV
IMPLEMENTATION
Article 40. Transition
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If this Decree
does not provide for legal liability or
impose less serious legal liability on such committed violations, regulations
of this Decree shall prevail.
2. In case a
violating entity files a complaint against a decision on imposition of
penalties for administrative violations which has been issued or implemented
before the effective date of this Decree, such complaint shall be settled in
accordance with the Law on Penalties for Administrative Violations and the Government’s Decree No. 138/2013/ND-CP
dated October 22, 2013.
Article 41. Effect
This Decree comes
into force from March 10, 2021, and supersedes the Government’s Decree No.
138/2013/ND-CP dated October 22, 2013.
Article 42. Implementation responsibility
Ministers, heads
of ministerial agencies, heads of Governmental agencies, Chairpersons of
provincial-level People’s Committees shall organize the implementation of this
Decree./.
ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
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