THE
GOVERNMENT
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No: 148/2013/ND-CP
|
Hanoi, October
30, 2013
|
DECREE
PROVIDING THE SANCTION ON ADMINISTRATIVE VIOLATIONS IN
VOCATIONAL TRAINING DOMAIN
Pursuant to the Law on
Organization of the Government of December 25th, 2001;
Pursuant to the Law on
handling of administrative violations of June 20, 2012;
Pursuant to the Law on
Vocational Training of November 29th, 2006;
Pursuant to the Law on
Education of June 14th, 2005; the Law on amendment, supplementation
of a number of articles of the Law on Education of November 25th,
2009;
At the proposal of the
Minister of Labor-Invalids and Social Affairs,
The Government promulgates
the Decree providing the sanction on administrative violations in vocational
training domain.
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GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides violations, forms of sanction,
levels of sanction, remedial measures, competency in making records and competency
in sanction on administrative violations in vocational training domain.
Article 2. Subjects of
application
1. Individuals, organizations that commit
administrative violations in vocational training domain.
2. Officials with competency in making written
minutes, sanction on administrative violations and other related individuals,
organizations.
Article 3. Remedial measures
Besides remedial measures as specified in points a,
b, c, d, e, f, g, h and i, clause 1, Article 28 of the Law on handling of administrative
violations, individuals, organizations which have committed administrative
violations in vocational training domain shall also be imposed with one or more
remedial measures as follows:
1. To propose competent state agencies to revoke
the establishment decisions or the establishment licenses;
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3. To compel the restoration studying rights for
vocational learners, refund collected amounts to vocational learners, if it is
unable to determine vocational learners for refund, collected amounts shall be
paid to the state budget;
4. To compel additional teaching for missing
studying hours;
5. To compel the right implementation of
elaborating the training progress, the training plan, the teacher plan and use
of forms, books, records in management of teaching and studying;
6. To compel re-elaboration of the vocational
training programs;
7. To compel cancellation of the enrolment results;
8. To compel publicly notices on the cessation of
the enrolment;
9. To compel the correction on mass media;
10. To compel the arrangement of numbers of pupils,
students in a class in accordance with regulations;
11. To compel arrangement and use of teachers,
lecturers who are capable of teaching;
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13. To compel issue of duplicates, verification of the
validity of diplomas, vocational certificates;
14. To compel destroy of the printed rough drafts
of diplomas, vocational certificates;
15. To compel revocation of the granted diplomas,
vocational certificates;
16. To compel full and exact supply of information
pertaining to the joint vocational training programs;
17. To compel cancellation of the disciplinary
decision on expulsion;
18. To compel revocation of cards of vocational
training quality inspectors, cards of national vocational skill assessors;
19. To compel revocation of certificates on
vocational quality inspection, certificates on vocational program quality
inspection, certificates on national vocational skill assessment centers which
were counterfeited.
Article 4. Provisions on fines
on individuals, organizations
1. The maximum fine in vocational training domain
for an individual is Vietnam Dong 75,000,000, for an organization is Vietnam
Dong 150,000,000.
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For the same act of administrative violation, fine
level for an organization shall double the fine level for an individual.
3. Competency in imposing fines of designations
specified in Chapter III of this Decree is the competency being applicable to
individuals; for organizations, the competency in imposing fines shall be
double to competency in imposing fines on individuals.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATIONS, FORMS OF SANCTION, LEVELS OF SANCTION AND REMEDIAL MEASURES
Article 5. Violations on
provisions on setting up or permitting to set up vocational establishments
1. A fine from Vietnam Dong 3,000,000 to 5,000,000
for acts which did not return the decision on establishment, permission on
establishment according to the decision on withdrawal of a competent state
agency.
2. A fine from Vietnam Dong 5,000,000 to 10,000,000
for one of violations as follows:
To erase, remove, amend, change contents of the
decision on establishment, permission of establishment;
To cheat, forge papers, documents for being
established, permitted to establish the vocational training establishment.
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a) From Vietnam Dong 20,000,000 to 30,000,000 for
vocational training centers;
a) From Vietnam Dong 30,000,000 to 40,000,000 for
intermediate vocational schools;
a) From Vietnam Dong 40,000,000 to 50,000,000 for
vocational colleges;
4. Remedial measures:
To propose competent state agencies to revoke the
establishment decisions or the establishment permissions for violations specified
in clause 2 of this Article.
Article 6. Violations of
regulations on vocational training registration
1. A fine from Vietnam Dong 3,000,000 to 5,000,000
for acts which did not return the certificate of vocational training
registration, the certificate on amendment of vocational training registration
within time limit specified in the decision on withdrawal of competent state
agencies.
2. A fine from Vietnam Dong 5,000,000 to 10,000,000
with acts of erasing, amending, changing contents of the certificate on
vocational training registration, the certificate on amended and supplemented
vocational training registration.
3. A fine from Vietnam Dong 10,000,000 to
20,000,000 for acts which did not register addition of vocational training
activities when increasing the scale of enrolment of each occupation in
comparison with the scale of enrolment stated in the certificate of vocational
training registration as follows:
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a) To less than 20% of the scale of enrolment for
intermediate vocational qualifications;
a) To less than 30% of the scale of enrolment for
primary vocational qualifications;
4. A fine from Vietnam Dong 20,000,000 to
30,000,000 for acts which did not register addition of vocational training
activities when increasing the scale of enrolment of each occupation in
comparison with the scale enrolment stated in the certificate of vocational training
registration as follows:
a) From 5% to less than 30% of the scale of
enrolment for college-level vocational qualifications;
b) From 20% to less than 40% of the scale of
enrolment for intermediate vocational qualifications;
a) From 30% to less than 50% of the scale of
enrolment for primary vocational qualifications;
5. A fine from Vietnam Dong 30,000,000 to
40,000,000 for acts which did not register additional vocational training
activities when increasing the scale of enrolment of each occupation in comparison
with the scale enrolment stated in the certificate of vocational training
registration as follows:
a) From 30% to less than 50% of the scale of
enrolment for college-level vocational qualifications;
b) From 40% to less than 60% of the scale of
enrolment for intermediate vocational qualifications;
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6. A fine from Vietnam Dong 40,000,000 to
50,000,000 for acts which did not register addition of vocational training
activities when increasing the scale of enrolment of each occupation in
comparison with the scale enrolment stated in the certificate of vocational
training registration as follows:
a) From 50% of the scale of enrolment and above for
college-level vocational qualifications;
b) From 60% of the scale of enrolment and above for
intermediate vocational qualifications;
b) From 70% of the scale of enrolment and above for
primary vocational qualifications;
7. A fine from Vietnam Dong 50,000,000 to 70,000,000
for acts which did not register vocational training activities under one of
cases as follows:
a) To supplement training vocations, training
qualifications;
b) To divide, separate, merger or consolidate
vocational establishments;
c) To change the governing body, the investor of
the vocational establishment;
d) To shift the head office or the branch or the
vocational establishment to other place;
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f) To affiliate with organizations, individuals to
organize vocational activities.
8. To impose fines on acts of organizing vocational
training without doing registration of vocational training activities with
competent state agencies at one of levels as follows:
a) From Vietnam Dong 40,000,000 to 60,000,000 for
primary vocational qualifications;
a) From Vietnam Dong 60,000,000 to 80,000,000 for
intermediate vocational qualifications;
a) From Vietnam Dong 80,000,000 to 100,000,000 for
college-level vocational qualifications.
9. Additional penalties:
To suspend the vocational training activities with
duration from 01 month to 03 months for acts violated provisions in clause 8 of
this Article.
10. Remedial measures:
a) To compel the withdrawal of vocational training
registration certificates, the supplemented vocational training registration
certificates for violations specified in clause 2 of this Article;
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Article 7. Violations of
provisions on programs, contents and plans of training
1. To impose fines on acts which did not assure
quantities of learning hours stipulated in the framework programs for each
subject or each module with one of levels as follows:
a) From Vietnam Dong 300,000 to 500,000 when
violating less than 5% of quantities of the learning hours;
b) From Vietnam Dong 500,000 to 1,000,000 when
violating from 5% to less than 10% of quantities of the learning hours;
c) From Vietnam Dong 1,000,000 to 3,000,000 when
violating from 10% to less than 15% of quantities of learning hours;
d) From Vietnam Dong 3,000,000 to 5,000,000 when
violating from 15% to less than 20% of quantities of learning hours;
e) From Vietnam Dong 5,000,000 to 10,000,000 when
violating from 20% of quantities of learning hours and above;
2. A fine from Vietnam Dong 3,000,000 to 5,000,000
for one of violations as follows:
a) Not to build the training progress, the training
plans, the plan on teachers in accordance with provisions;
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3. A fine from Vietnam Dong 10,000,000 to
15,000,000 for acts which did not comply with provisions on the progress of
organizing the elaboration, the appraisal or the approval of vocational
training programs.
4. To impose fines on acts of issuing the
vocational training program which did not comply with contents, structure of
the vocational framework program of training qualifications levels at one of
degrees as follows:
a) From Vietnam Dong 10,000,000 to 15,000,000 for
primary vocational qualifications;
a) From Vietnam Dong 15,000,000 to 20,000,000 for
intermediate vocational qualifications;
a) From Vietnam Dong 20,000,000 to 25,000,000 for
college-level vocational qualifications.
5. Remedial measures:
To compel addition of lack learning hours for
violations specified at clause 1 of this Article;
b) To compel the right implementation of
elaborating the training progress, the training plan, the teacher plan and
using forms, books, records in management of teaching and studying for
violations specified in Clause 2 of this Article;
c) To compel the re-elaboration of the vocational
training program for violations specified at clause 4 of this Article.
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1. To give warning or impose a fine from Vietnam
Dong 300,000 to 500,000 for acts of making false statements of enrolment
dossier.
2. To impose a fine from Vietnam Dong 500,000 to
1,000,000 for acts of helping the perjury of the enrolment dossier in order to
be admitted.
3. To impose fines on acts committing provisions in
term of subjects, standards of vocational enrolment with one of degrees as
follows:
a) From Vietnam Dong 300,000 to 500,000 when
conducting a wrong enrolment from 01 to less than 05 persons;
b) From Vietnam Dong 500,000 to 1,000,000 when
conducting a wrong enrolment from 05 to less than 10 persons;
c) From Vietnam Dong 1,000,000 to 3,000,000 when
conducting a wrong enrolment from 10 to less than 20 persons;
d) From Vietnam Dong 3,000,000 to 5,000,000 when conducting
a wrong enrolment from 20 to less than 30 persons;
e) From Vietnam Dong 5,000,000 to 10,000,000 when
conducting a wrong enrolment from 30 persons and above;
4. To impose a fine from Vietnam Dong 10,000,000 to
15,000,000 for acts of notifying the enrolment by all forms when the vocational
training activities have not been registered with competent state agencies yet.
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6. Remedial measures:
a) To compel the cancellation of the enrolment
results for violations specified at clause 3 and clause 5 of this Article;
b) To compel the refund of collected amounts to
vocational learners for violations specified at clause 3 and clause 5 of this
Article, in case of failing to identify the vocational learners in order to
make the refund, such collected amounts shall be deposited to the state budget;
c) To compel the public notification on the
cessation of the enrolment for violations specified at clause 4 and clause 5 of
this Article.
Article 9. Violations of
provisions on the scale of classes
1. To impose fines on acts of arranging quantities
of pupils, students in a class which exceeded the stipulated numbers for one of
degrees as follows:
a) From Vietnam Dong 1,000,000 to 3,000,000 when
exceeding the stipulated quantity of under 15%;
b) From Vietnam Dong 3,000,000 to 5,000,000 when
exceeding the stipulated quantity from 15% to less than 30%;
c) From Vietnam Dong 5,000,000 to 10,000,000 when
exceeding the stipulated quantity from 30% and above;
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To compel conducting the arrangement of quantity of
pupils, students in a class which complies with provisions for violations
specified at clause 1 of this Article.
Article 10. Violations of
provisions on assurance of available teachers, lecturers
To impose fines on acts of having no available teachers,
lecturers for training vocation, at one of degrees as follows:
1. From Vietnam Dong 1,000,000 to 3,000,000 for
vocational training centers;
2. From Vietnam Dong 3,000,000 to 5,000,000 for
intermediate vocational schools;
3. From Vietnam Dong 5,000,000 to 10,000,000 for
vocational colleges;
Article 11. Violations of
provisions on using teachers, lecturers
1. To impose fines on acts of using teachers,
lecturers who are not qualified enough for teaching according to provisions,
with one of degrees as follows:
a) From Vietnam Dong 3,000,000 to 5,000,000 for
primary vocational qualifications;
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c) From Vietnam Dong 10,000,000 to 15,000,000 for
college-level vocational qualifications.
2. To impose a fine from Vietnam Dong 10,000,000 to
15,000,000 for acts of using each teacher or lecturer in teaching additional
hours which exceeded 50% of the standard quantity of hours in a learning year
for teachers, lecturers; 33.33% of the standard quantity of hours in a year for
each managerial cadres of the vocational establishment who participates in the
teaching.
3. Remedial measures:
To compel arrangement and use of teachers or
lecturers who are qualified enough for teaching for violations specified at
clause 1 of this Article.
Article 12. Violations on
provisions on assurance of conditions on material facilities
1. To impose a fine from Vietnam Dong 10,000,000 to
15,000,000 for acts of not organizing libraries, public health or physical
training area in accordance with provisions.
2. To impose a fine from Vietnam Dong 15,000,000 to
20,000,000 for acts of not assuring minimum area for theory lecture room,
practicing room or practicing factory.
Article 13. Violations on
provisions on assessment of studying results
1. To impose fines on acts of not conducting fully
provisions on assessment, classification or falsifying the results of the
learning assessment and classification in semester, in year or in course, with
one of levels as follows:
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b) From Vietnam Dong 3,000,000 to 5,000,000 for
violation of from 05 to less than 10 persons;
c) From Vietnam Dong 5,000,000 to 10,000,000 for
violation of from 10 persons and above;
2. Remedial measures:
To compel the assessment, the classification of the
learning results which is correct with the practice of learners, for violations
specified at clause 1 of this Article.
Article 14. Violations of
provisions on examination for graduation
1. To impose fines from Vietnam Dong 3,000,000 to
5,000,000 for one of the following violations:
a) To mark exam papers for graduation which did not
match with answers or score;
b) To make transcripts which were falsified with
the marking results of exam papers.
2. To impose fines from Vietnam Dong 5,000,000 to
10,000,000 for one of violations as follows:
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b) To transfer illegal documents, means or
information into the exam rooms;
c) To disclose the identification number of the
exam paper;
e) To write additionally or to amend the exam
paper.
3. To impose fines from Vietnam Dong 10,000,000 to
15,000,000 for acts of changing the exam papers or helping other persons to
change the exam papers.
4. To impose fines from Vietnam Dong 15,000,000 to
20,000,000 for acts of losing the exam papers.
5. To impose fines from Vietnam Dong 20,000,000 to
25,000,000 for acts of disclosing exam questions or losing the exam questions.
6. Additional sanction forms:
To seize illegal things which have been used to
commit violations specified in point b, clause 2 and clause 3 of this Article.
Article 15. Violations of
provisions on vocational diplomas, certificates
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2. To impose fines from Vietnam Dong 3,000,000 to 5,000,000
for one of following violations:
a) Not to make dossiers or made dossiers which are
not sufficient in accordance with provisions in order to issue and manage
vocational diplomas and certificates;
b) To issue vocational diplomas or certificates which
did not have contents in accordance with provisions.
3. To impose fines from Vietnam Dong 10,000,000 to
20,000,000 for one of following violations:
a) To print the rough draft of vocational diplomas or
certificates which did not match with the set form;
b) To issue vocational diplomas or certificates
which did not match with the set form.
4. To impose fines from Vietnam Dong 10,000,000 to
15,000,000 on acts of issuing vocational diplomas or certificates to persons
who are not qualified enough.
5. Additional sanction forms:
To deprive the rights to use the certificates of
vocational training registration, certificate of additional registration for
vocational operation with terms from 01 month to 03 months, for violations
specified in clause 4 of this Article.
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a) To compel the issuance of duplicates, the
verification of the validity of the granted vocational diplomas, certificates,
for violations specified in clause 1 of this Article;
b) To compel the cancellation of the printed rough
draft of vocational diplomas or certificates, for violations specified in point
a, clause 3 of this Article;
c) To compel the withdrawal of the granted
vocational diplomas or certificates, for violations specified at point b clause
2, point b clause 3 and clause 4 of this Article.
Article 16. Violations of
provisions on joint vocational training
1. To impose fines from Vietnam Dong 5,000,000 to
10,000,000 for one of following violations:
a) To use foreign training programs which were not
been accredited in term of quality by competent state agencies;
b) Not to provide or provide not enough information
pertaining to joint vocational training programs on the websites of joint
establishments.
2. To impose fines from Vietnam Dong 20,000,000 to
30,000,000 for one of following violations:
a) To have joint vocational training with foreign
establishments which have not yet been accredited in terms of quality by
foreign quality inspection organizations or state agencies or competent state
agencies or by competent state agencies or organizations of Vietnam;
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3. Additional sanction forms:
To suggest competent state agencies to suspend the
joint vocational training activities with a term from 01 month to 03 months,
for violations specified in Point a, Clause 1 and Point a, Clause 2 of this
Article.
4. Remedial measures:
To compel refund to learners the collected amounts
for violations specified at Point a, Clause 1 and Clause 2 of this Article, in
case of failing to identify learners for refund, the collected amounts must be
deposited to the state budget;
To compel provision of information pertaining to
joint vocational training programs fully and correctly, for violations
specified in Point b, Clause 1 of this Article.
Article 17. Violations of
provisions on the disciplinary form on expulsion
1. To impose fines on the disciplinary act of
forcing learners to leave from his/her school in contravention of regulation,
with one of levels as follows:
a) From Vietnam Dong 1,000,000 to 3,000,000 for
violation of less than 03 persons;
b) From Vietnam Dong 3,000,000 to 5,000,000 for
violation of from 3 to less than 5 persons;
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2. Remedial measures:
To compel cancellation of the disciplinary
decision, restoration of the learning rights of learners, for violations
specified in Clause 1 of this Article.
Article 18. Violations of
provisions on vocational quality inspection activities
1. To impose a fine from Vietnam Dong 500,000 to
1,000,000 for acts of not submitting the card of vocational training quality
inspector according to the withdrawal decision of competent state agencies.
2. To impose a fine from Vietnam Dong 3,000,000 to
5,000,000 for acts of providing information wrongly, in term of standards,
conditions for being granted with cards of vocational training quality
inspectors.
3. To impose fines from Vietnam Dong 5,000,000 to
10,000,000 for one of following violations:
a) To wrongly provide information on conditions of
being conducted inspections on vocational training establishments, vocational
programs;
b) Not to submit the certificate of vocational
training quality inspection or the certificate of vocational training program
quality inspection according to the withdrawal decision of competent state
agencies;
c) The vocational training establishments granted
with the certificates of satisfaction of inspection standards fail to conduct
the vocational training inspection by themselves in accordance with provisions.
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a) To allow other persons to use his/her inspector
card;
b) To provide information on the inspection results
without permission;
c) To falsify contents of reports on
self-inspection of vocational training quality;
d) To falsify the inspection results of vocational
training quality of the vocational training quality inspection delegation.
5. To impose fines from Vietnam Dong 15,000,000 to
20,000,000 for one of following violations:
a) To use the fake certificate of vocational
training quality inspection, the fake certificate of vocational training
quality inspection;
b) To wrongly notify the quality inspection result
of vocational training establishment, of vocational training programs on mass
media.
6. Additional sanction forms:
To deprive the right to use the inspector card on
vocational training quality from 01 month to 03 months, for violations
specified in Clause 4 of this Article.
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a) To compel withdrawal of the inspector card on
vocational training quality, for violations specified in Clause 2 of this
Article;
b) To compel withdrawal of the fake vocational
training quality inspection certificate, the fake vocational training program
quality inspection certificate, for violations specified in Point a, Clause 5
of this Article;
c) To compel correction of information on mass
media, for violations specified in Point b, Clause 5 of this Article.
Article 19. Violations of
provisions on national vocational skill appraisal activities
1. To impose a fine from Vietnam Dong 500,000 to
1,000,000 for acts of not submitting the card of national vocational skill
assessor according to the withdrawal decision of competent state agencies.
2. To impose a fine from Vietnam Dong 3,000,000 to
5,000,000 for acts of wrongly reporting on standards, conditions for being
granted with the card of national vocational skill assessor.
3. To impose a fine from Vietnam Dong 5,000,000 to
10,000,000 for acts of not submitting the card of national vocational skill
assessor within the time limit specified in the withdrawal decision of
competent state agencies.
4. To impose fines from Vietnam Dong 10,000,000 to
15,000,000 for one of following violations:
a) To allow other persons to use his/her card of
national vocational skill assessor;
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5. To impose fines from Vietnam dong 15,000,000 to
20,000,000, for acts of using fake certificate of national vocational skill
assessment center.
6. Additional sanction forms:
To deprive the right to use the card of national
vocational skill assessor from 01 month to 03 months, for violations specified in
Clause 4 of this Article.
7. Remedial measures:
a) To compel withdrawal of the card of vocational
training quality assessor, for violations specified in Clause 2 of this
Article;
b) To compel withdrawal of the certificate of
national vocational skill assessment center, for violations specified in Clause
5 of this Article.
Article 20. Violations of
provisions on reporting regime in vocational training domain
1. To impose fines from Vietnam Dong 1,000,000 to
3,000,000, for acts of delay for reporting periodically and reporting results
of the enrolment, the graduation accreditation within 15 to 30 days.
2. To impose fines from Vietnam Dong 1,000,000 to
3,000,000, for acts of delay for reporting periodically and reporting results
of the enrolment, the graduation accreditation from 31 days and above or not
reporting upon receiving the urging documents.
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COMPETENCY IN SANCTION
ON ADMINISTRATIVE VIOLATIONS
Article 21. Competency of
Inspectors
1. Inspectors and officials assigned to conduct
inspection tasks specialized in vocational training who are on duty shall be
entitled:
a) To give warnings;
b) To impose fines of up to Vietnam Dong 500,000;
c) To seize material evidence, means of
administrative violations with values of less than the penalty levels specified
in Point b of this Clause;
d) To apply remedial measures specified in points
a, c and e Clause 1 Article 28 of the Law on handling of administrative
violations.
2. The Chief Inspectors of the Departments of
Labor-Invalids and Social Affairs, Chiefs of the specialized inspection
delegations under the Departments of Labor-Invalids and Social Affairs, Chiefs
of the specialized inspection delegations under the General Department of
Vocational Training shall be entitled:
a) To give warnings;
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c) To deprive the right to use the certificates of
vocational training registration, the certificates of additional vocational
training registration with a defined term or to suspend vocational training activities
or joint vocational training activities with defined term;
d) To seize material evidence, means of
administrative violations with values of less than the penalty levels specified
in Point b of this Clause;
e) To apply remedial measures specified in points
a, b, c, d, e, f, g, h and i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures as specified in Article 3 of
this Decree.
3. Chiefs of the specialized inspection delegations
under the Ministry of Labor-Invalids and Social Affairs shall be entitled:
a) To give warnings;
b) To impose fines of up to Vietnam Dong
52,500,000;
c) To deprive the right to use the certificates of
vocational training registration, the certificates of additional vocational training
registration with defined term or to suspend vocational training activities or
joint vocational training activities with defined terms;
d) To seize material evidence, means of
administrative violations with values of less than the penalty levels specified
in Point b of this Clause;
e) To impose remedial measures specified in points
a, b, c, d, e, f, g, h and i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures as specified in Article 3 of
this Decree.
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a) To give warnings;
b) To impose fines of up to Vietnam Dong
75,000,000;
c) To deprive the right to use the certificates of
vocational training registration, the certificates of additional vocational
training registration with defined term or to suspend vocational training
activities or joint vocational training activities with defined term;
d) To seize material evidence, means of
administrative violations;
e) To apply remedial measures specified in points
a, b, c, d, e, f, g, h and i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures as specified in Article 3 of
this Decree.
Article 22. Competency of
sanction of Chairpersons of People’s Committees
1. Chairpersons of the district-level People’s
Committees shall be entitled:
a) To give warnings;
b) To impose fines of up to Vietnam Dong
37,500,000;
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d) To seize material evidence, means of
administrative violations with values of less than the penalty levels specified
in Point b of this Clause;
e) To apply remedial measures specified in points
a, b, c, d, e, f, h and i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures as specified in Article 3 of
this Decree.
2. Chairpersons of the provincial-level People’s
Committees shall be entitled:
a) To give warnings;
b) To impose fines of up to Vietnam Dong
75,000,000;
c) To deprive the right to use the certificates of
vocational training registration, the certificates of additional vocational
training registration with defined term or to suspend vocational training
activities or joint vocational training activities with defined term;
d) To seize material evidence, means of
administrative violations;
e) To apply remedial measures specified in points
a, b, c, d, e, f, g, h and i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures as specified in Article 3 of
this Decree.
Article 23. Competency in
making records on acts of administrative violations in vocational training
domain
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2. Members of inspection delegations according to
inspection decisions of the Minister of Labor-Invalids and Social Affairs, the
Chief Inspector of the Ministry of Labor-Invalids and Social Affairs, General
Director of General Department of Vocational Training, Directors of Departments
of Labor-Invalids and Social Affairs, Chief Inspectors of Departments of
Labor-Invalids and Social Affairs.
3. Members of inspection delegations according to
inspection decisions of the Minister, Heads of ministerial-level agencies,
Chairpersons of provincial-level People’s Committees, Chairpersons of
district-level People’s Committees, the Chief Inspector of the Ministry, the
Chief Inspector of Provinces, and the Chief Inspectors of Districts.
Chapter IV.
IMPLEMENTATION
PROVISIONS
Article 24. Effect
1. This Decree takes effect on December 15th,
2013.
2. Decree No. 116/2009/ND-CP of December 31st,
2009 of the Government stipulating sanction on administrative violations in
vocational training domain ceases to be effective on the effective date of this
Decree.
Article 25. Transitional
provisions
1. For acts of administrative violations in
vocational training domain which happened before July 1st, 2013 being
recently discovered or being considered or handled, provisions which are
favorable to the fringing individuals or organizations shall apply.
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Article 26. Responsibilities
of implementation
Ministers, Heads of ministerial-level state
agencies, Heads of governmental agencies, and Chairpersons of centrally-run
People’s Committees of provinces or cities shall be responsible for
implementation of this Decree. /.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung