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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 college- or
intermediate-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:
b) Establishing a master’s thesis or doctoral
dissertation assessment council composed of ineligible members.
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7. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for providing foreign educational
programs without ensuring training or educational duration or training mode.
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.
Article 12. Violations against regulations on
opening of training disciplines/majors
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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.
Article 13. Violations against regulations on
bridge programs and joint training 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 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.
3. Additional penalties: Joint
training programs provided by the entity committing the violation in Point b
Clause 1 or Point dd Clause 2 of this Article shall be suspended for a fixed
period of 06 - 12 months.
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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;
b) A fine ranging from VND 2.000.000 to VND
6.000.000 shall be imposed for doing the exam for another candidate or
providing assistance for another candidate during an exam session;
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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.
Article 15. Violations against regulations on
test and assessment of learners’ performance
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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.
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:
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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;
c) The entity committing the violation in Point b
Clause 1 or Point a or b Clause 3 of this Article is compelled to return
collected amounts and incur all return fees.
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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;
b) The violating entity is compelled to return all
profits illegally obtained from the violation in Point b Clause 2 of this
Article.
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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.
4. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for commission of one of the following
violations:
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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.
3. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for issuing certificates before
obtaining a decision issued by the authority competent to approve cooperation
in organization of examination for issuance of certificates of foreign language
proficiency.
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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;
c) Issuing decisions to modify or re-issuing degrees/diplomas/certificates
against procedures and/or regulations on contents, issuing authority and time
limits;
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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.
4. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for failing to establish a
database for management of degrees/diplomas/certificates.
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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;
dd) Performing destruction of blank
degrees/diplomas/certificates against regulations.
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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;
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for failing to disclose
information on issuance of degrees/diplomas/certificates on the issuer’s
website.
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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;
c) 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.
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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.
3. Remedial measures: The
entity committing the violation in Clause 1 of this Article is compelled to
issue public apology to persons whose honor or dignity is harmed or who are
bodily harmed, unless otherwise demanded by affected persons.
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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) 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.
Article 28. Violations against regulations on
learner discipline; harming honor or dignity or bodily harming learners;
violations against policies for learners
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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.
2. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for obstructing others from
universal access to education programs at different levels.
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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.
Article 32. Violations against regulations on
revenues and expenses of educational institutions
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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
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to satisfy safety
assurance conditions regarding material facilities of schools and classrooms
laid down in prevailing regulations on standards facilities of schools and
classrooms.
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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.
2. The following fines
shall be imposed upon an education accreditation organization for committing
violations against regulations:
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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.
Chapter III
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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:
a) Issue warning;
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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.
3. Chairpersons of
People’s Committees of provinces or central-affiliated cities (hereinafter
referred to as “provincial-level") shall have the power to:
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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;
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;
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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;
b) Impose a fine up to VND 70.000.000;
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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.
Article 38. Power to impose penalties of
Directors of provincial-level police departments and Director of Immigration
Department
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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;
b) Impose a fine up to VND 100.000.000;
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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.
2. Power to impose administrative penalties of
inspectors:
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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
1. Penalties for the administrative violations in
education field which have been committed before the effective date of this
Decree but detected afterwards or are put under
consideration shall be imposed in accordance with the Government’s Decree
No. 138/2013/ND-CP dated October 22, 2013.
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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