THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 138/2013/ND-CP
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Hanoi, October
22, 2013
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DECREE
ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS PERTAINING TO EDUCATION
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
Pursuant to the Law on Education dated June 14,
2015 and the Law on amendments to a number of articles of the Law on Education
dated November 11, 2009;
Pursuant to the Law on Higher Education dated
June 18, 2012;
At the request of the Minister of Education and
Training;
The Government promulgates the Decree on
penalties for administrative violations pertaining to education,
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GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree deals with the violations, fines and
remedial measures, the persons entitled to make violation record, impose
penalties they can impose upon administrative violation pertaining to
education.
Article 2. Regulated entities
1. Vietnamese organizations and individuals;
foreign organizations and individuals committing the violation pertaining to
education within Vietnam’s territory.
2. Persons entitled to make violation record,
impose penalties and relevant organizations and individuals.
Article 3. Fines
1. The maximum fine applied to individuals is VND
50,000,000, the maximum fine applied to organizations is VND 100,000,000.
2. The fines prescribed in Chapter II of this
Decree are incurred by organizations, except for the ones prescribed in Clause
5 of Article 9; Clauses 1 and 2 of Article 11; Clause 1 and Points a, b, c, d
and dd Clause 3 of Article 13; Clauses 2 and 3 of Article 16; Clause 1 of
Article 20 and Clause 1 of Article 22 of this Decree that are incurred by
individuals.
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Article 4. Remedial measures
The remedial measures include:
1. Dissolve the educational institutions,
organizations affiliated to educational institutions, education quality
assessment organizations that are ultra vires founded.
2. Annul the documents that are ultra vires issued
or have unlawful contents.
3. Discard books, textbooks, lectures, materials,
teaching aids that have unconformable contents or distort, instigate violence,
affect the national habits and customs.
4. Restore the exam papers, school reports,
mark-books, score sheets or the documents relating to the evaluation of study
and training result that are altered.
5. Take measures to ensure the benefit of the
examinees whose exam paper is lost.
6. Refund to the learners the collected money and
pay the refund expense; otherwise, the money collected from the violation shall
be submitted to the State budget.
7. Reduce the enrolments by the excess in the
previous year; move the learners to the another educational institution that
has been granted permission for education activities;
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9. Complete the conditions of educator staff,
facilities, teaching aids to ensure the education quality or ensure the safety
conditions of education facilities.
10. Cancel the exam result, evaluation result, the
result of thesis/dissertation defenses that are unconformable to the
regulation; remark the exam papers, re-evaluate the final results, re-organize
the thesis/dissertation defenses.
11. Annul the qualification or certificate forms unconformable
to the regulations.
12. Transfer the learners who have been admitted
and begun the course to another educational institution; otherwise, annul the
admission decision, refund the money to learners (applied to educational
institutions that have illegally enrolled learners or educational institutions
subject to dissolution, permission revocation or education suspension).
Chapter 2.
VIOLATIONS, PENALTIES
AND REMEDIAL MEASURES
SECTION 1. THE VIOLATIONS AGAINST
REGULATIONS ON EDUCATIONAL INSTITUTIONS ESTABLISHMENT AND EDUCATIONAL
ORGANIZATION
Article 5. Violations against
the regulations on the establishment of educational institutions and
organizations affiliated to the educational institutions
1. Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the acts of purposeful erasing or altering that falsify
the contents of establishment decision or establishment permission of
educational institutions.
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a) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed on preschool educational institutions that committed the
violation;
b) Fines of from VND 15,000,000 to VND 20,000,000
shall be imposed on compulsory educational institutions, continuing education
centers, foreign language centers, information technology centers that
committed the violation;
c) Fines of from VND 20,000,000 to VND 40,000,000
shall be imposed on vocational intermediate schools that committed the
violation;
d) Fines of from VND 40,000,000 to VND 60,000,000
shall be imposed on colleges and universities that committed the violation.
3. With regard to the establishment of educational
institutions without permission:
a) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed on the preschool educational institutions that committed the
violation;
b) Fines of from VND 20,000,000 to VND 30,000,000
shall be imposed on compulsory educational institutions, continuing education
centers, foreign language centers, information technology centers that
committed the violation;
c) Fines of from VND 30,000,000 to VND 50,000,000
shall be imposed on vocational intermediate schools that committed the
violation;
d) Fines of from VND 50,000,000 to VND 80,000,000
shall be imposed on colleges, universities and academies that committed the
violation.
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a) Fines of from VND 3,000,000 to VND 5,000,000
shall be imposed on organizations affiliated to preschool educational
institutions, compulsory educational institutions, continuing education centers
that committed the violation;
b) Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed on organizations affiliated to vocational intermediate schools
that committed the violation;
c) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed on organizations affiliated to higher educational institutions
that committed the violation.
5. Additional penalties: the right to enjoyment of
establishment decision, establishment permission shall be suspended for 12 to
34 months (applied to the violations specified in Clause 2 of this Article).
6. Remedial measures:
a) Learners who have been admitted and begun the
course shall be transferred to another educational institution or get the
admission decision annulled and get the money refunded (applied to educational
institutions that have committed the violations specified in clauses 2, 3 and 4
of this Article);
b) Educational institutions, organizations
affiliated to educational institutions that commit the violations specified in
Clauses 3 and 4 of this Article shall be dissolved.
Article 6. The violations
against the regulations on conditions for educational organization
1. Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the acts of erasing or altering that falsify the contents
of education permission decision.
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a) Fines of from VND 3,000,000 to VND 5,000,000
shall be imposed on preschool educational institutions that committed the
violation;
b) Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed on the compulsory educational institutions, continuing
education centers, foreign language centers, information technology centers
that committed the violation;
c) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed on vocational intermediate schools that committed the
violation;
d) Fines of from VND 20,000,000 to VND 30,000,000
shall be imposed on higher educational institutions that committed the
violation;
3. With regard to the forgery of documents in the
application for the education permission:
a) Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for preschool education;
b) Fines of from VND 10,000,000 to VND 15,000,000
shall be imposed for compulsory education, continuing education, foreign
language and information technology education;
c) Fines of from VND 15,000,000 to VND 20,000,000
shall be imposed for vocational intermediate education;
d) Fines of from VND 20,000,000 to VND 40,000,000
shall be imposed for higher education;
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a) Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for preschool education;
b) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for compulsory education;
c) Fines of from VND 20,000,000 to VND 30,000,000
shall be imposed for vocational intermediate education;
d) Fines of from VND 30,000,000 to VND 50,000,000
shall be imposed for higher education, except for the cases prescribed in Point
dd of this Clause;
dd) Fines of from VND 50,000,000 to VND 80,000,000
shall be imposed for the education in doctoral or master’s programs.
5. Additional penalties:
a) The right to enjoyment of education permission
decision shall be suspended for 12 to 34 months (applied to the violations
specified in Clause 3 of this Article);
b) The education shall be suspended for 12 to 24
months (applied to the violations specified in Clause 4 of this Article).
6. Remedial measures:
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b) Learners who have been admitted and begun the
course shall be transferred to another educational institution or get the
admission decision annulled and get the money refunded (applied to the
violations specified in Clauses 3 and 4 of this Article).
Article 7. The violations
against the regulations on extra-teaching
1. With regard to the violations against the
regulations on extra-teaching:
a) Fines of from VND 1,000,000 to VND 2,000,000
shall be imposed for teaching with facilities unconformable with the
regulations;
b) Fines of from VND 2,000,000 to VND 4,000,000
shall be imposed for teaching the subjects unconformable with the regulations;
c) Fines of from VND 4,000,000 to VND 6,000,000
shall be imposed for teaching the contents unconformable with the regulations;
d) Fines of from VND 6,000,000 to VND 12,000,000
shall be imposed for extra-teaching without permission.
2. Additional penalties:
a) The right to enjoyment of tutorial permission
shall be suspended for 6 to 12 months (applied to the violations prescribed in
Points b and c Clause 1 of this Article);
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3. Remedial measures:
a) The facility conditions shall be fulfilled
(applied to the violations prescribed in Point a Clause 1 of this Article);
b) Violators shall refund the money to learners and
bear the expense for the refund (applied to the violations prescribed in points
b, c and d Clause 1 of this Article).
SECTION 2. VIOLATIONS AGAINST
THE REGULATIONS ON ENROLMENT
Article 8. Violations against
the regulations on enrolment announcement, consultancy activities and the
admission target determination
1. Fines of from VND 2,000,000 to VND 4,000,000
shall be impose for the announcement of insufficient information about
enrolment subjects, education level, education form, education duration,
education location, learner's dossier and tuition fees or the unconformity with
the enrolment announcement
2. Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for making announcement of enrolment for an international
program without permission for running it in Vietnam.
3. Fines of from VND 10,000,000 to VND 15,000,000
shall be imposed for the study abroad counsel or enrolment consultancy on an
international program without permission in Vietnam.
4. Fines of from VND 15,000,000 to VND 20,000,000
shall be imposed for the violations against the regulations on criteria for
determining the admission target.
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6. Fines of from VND 25,000,000 to VND 30,000,000
shall be imposed for the enrolment for disciplines, majors without permission.
7. Fines of from VND 40,000,000 to VND 60,000,000
shall be imposed for the organization of enrolment for an international program
without permission in Vietnam.
8. Additional penalties: A foreigner that commits a
violation specified in Clause 7 of this Decree shall be expelled from Vietnam.
9. Remedial measures: Learners who have been
admitted and begun the course shall be transferred to another educational institution
or get the admission decision annulled and get the money refunded (applied to
the violations specified in clauses 6 and 7 of this Article);
Article 9. VIOLATIONS AGAINST
THE REGULATION ON ENROLMENT SUBJECTS
1. With regard to the enrolment for high school
education:
a) Fines of from VND 200,000 to VND 500,000 shall
be imposed for the wrong enrolment of fewer than 10 learners;
b) Fines of from VND 500,000 to VND 2,000,000 shall
be imposed for the wrong enrolment of 10 to 20 learners;
c) Fines of from VND 2,000,000 to VND 5,000,000
shall be imposed for the wrong enrolment of at least 20 learners;
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a) Fines of from VND 2,000,000 to VND 5,000,000
shall be imposed for the wrong enrolment of fewer than 10 learners;
b) Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the wrong enrolment of 10 to 30 learners;
c) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for the wrong enrolment of at least 30 learners;
3. With regard to the enrolment for higher
education:
a) Fines of from VND 5,000,000 to VND 15,000,000
shall be imposed for the wrong enrolment of fewer than 10 learners;
b) Fines of from VND 15,000,000 to VND 30,000,000
shall be imposed for the wrong enrolment of 10 to 30 learners;
c) Fines of from VND 30,000,000 to VND 50,000,000
or a 12-month suspension shall be imposed for the wrong enrolment of at least
30 learners;
4. With regard to the enrolment for doctoral or
master’s program:
a) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for the wrong enrolment of fewer than 5 learners;
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c) Fines of from VND 40,000,000 to VND 60,000,000
or a 12-month suspension shall be imposed for the wrong enrolment of at least
10 learners;
5. Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the perjury, forgery of documents in the enrolment
application to pass the entrance exam.
6. Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for the unconformity with the procedures prescribed in the
enrolment regulations.
7. Remedial measures:
a) Violators shall annul the admission decision,
refund the money to learners and pay the expense for the refund (applied to the
violations prescribed in clauses 1, 2, 3 and 4 of this Article);
b) The violations prescribed in clause 5 of this
Article shall get the admission decision annulled;
Article 10. Violations against
the regulation regarding the admission target
1. With regard to the enrolment for vocational
intermediate education exceeding the admission target defined or allocated by a
competent agency:
a) Warnings or fines of from VND 200,000 to VND
500,000 shall be imposed for the excess of 5% to < 10%;
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c) Warnings or fines of from VND 2,000,000 to VND
5,000,000 shall be imposed for the excess of 10% to < 15%;
d) Warnings or fines of from VND 10,000,000 to VND
20,000,000 shall be imposed for the excess of ≥ 20%.
2. With regard to the enrolment for higher
education and doctorial/master's program exceeding the admission target defined
or allocated by a competent agency:
a) Warnings or fines of from VND 2,000,000 to VND
5,000,000 shall be imposed for the excess of 5% to < 10%;
b) Warnings or fines of from VND 5,000,000 to VND
20,000,000 shall be imposed for the excess of 10% to < 15%;
c) Warnings or fines of from VND 20,000,000 to VND
40,000,000 shall be imposed for the excess of 15% to < 20%;
d) Warnings or fines of from VND 40,000,000 to VND
60,000,000 shall be imposed for the excess of ≥ 20%;
3. Remedial measures: The enrolments shall be
reduced by the excess of the previous year (applied to the violations
prescribed in this Article).
SECTION 3. VIOLATIONS AGAINST
REGULATIONS ON BRIDGE PROGRAM AND JOINT TRAINING PROGRAM
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1. Fines of from VND 200,000 to VND 500,000 shall
be imposed for the unconformity of documents, records according to the
regulations or for the failure to use teaching aids that are equipped according
to the regulations.
2. With regard to the unconformity of teaching
period amount to the training program of a subject:
a) Warnings shall be imposed for the violation that
involves fewer than 5 teaching periods;
b) Fines of from VND 200,000 to VND 500,000 shall
be imposed for the violation that involves from 5 to under 10 teaching periods;
c) Fines of from VND 500,000 to VND 1,000,000 shall
be imposed for the violation that involves from 10 to under 15 teaching
periods;
d) Fines of from VND 1,000,000 to VND 2,000,000
shall be imposed for the violation that involves 15 teaching periods or more;
3. With regard to the failure to arrange sufficient
teaching period in accordance with the training program of a subject:
a) Warnings shall be imposed for the violation that
involves fewer than 5 teaching periods;
b) Fines of from VND 200,000 to VND 500,000 shall
be imposed for the violation that involves from 5 to under 10 teaching periods;
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d) Fines of from VND 2,000,000 to VND 4,000,000
shall be imposed for the violation that involves 15 teaching periods or more;
4. Fines of from VND 3,000,000 to VND 5,000,000
shall be imposed for the adjustment of the subject contents without permission
or the failure to organize the thesis defenses according to the regulation in
the education program.
5. Fines of from VND 4,000,000 to VND 6,000,000
shall be imposed for the formation of evaluation board for master’s theses,
doctoral dissertation when the learners have not completed the amount of
curriculum according to the regulation or have not completed the theses and
dissertations or the members of the evaluation board is unconformable with the
regulations.
6. Fines of from VND 10,000,000 to VND 20,000,000
or a suspension for 6 to 12 months shall be imposed for the education that is
carried out at unconformable time and in an unconformable form to the
regulations on international education program.
7. Fines of from VND 20,000,000 to VND 30,000,000
or a suspension for 6 to 12 months shall be imposed for running an
international program unconformable with the approved program.
8. Additional penalties: A suspension for 6 to 12
months shall be imposed for the violations specified in Clauses 6 and 7 of this
Article.
9. Remedial measures:
a) Complete the subjects or education contents
according to the educational program, reorganize the thesis/dissertation
defenses (applied to the regulation in clauses 2, 3, 4 and 5 of this Article;
b) Transfer the learners who have passed the
entrance exam and have fulfilled the entrance procedures to another educational
institution or annul the admission decision, refund the money to learners
(applied to the violations specified in Clauses 6 and 7 liable to be suspended)
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1. With regard to bridge program:
b) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for the organization of bridge programs without sufficient
conditions;
b) Fines of from VND 30,000,000 to VND 40,000,000
shall be imposed for the organization of bridge program in a particular
discipline or at a particular level without being assigned by a competent
authority.
2. With regard to the organization of joint program
education:
a) Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the entities signing the joint program education contract
that provides insufficient information about the partner, place of education,
form of education, duration and fees of education, expenditure on the education
and responsibilities of the parties;
b) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for the violation against the responsibilities of the parties;
c) Fines of from VND 20,000,000 to VND 25,000,000
shall be imposed for running joint programs to issue regular certificates
against the rules;
d) Fines of from VND 25,000,000 to VND 30,000,000
shall be imposed for the joint program education with an ineligible party;
dd) Fines of from VND 30,000,000 to VND 40,000,000
shall be imposed for running joint programs without permit issued by a
regulatory agency.
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a) The learners shall be transferred to another
institution that has been granted education permission (applied to the
violations prescribed in Clause 2 of this Article).
b) Learners who have been admitted and begun the
course shall be transferred to another educational institution or get the
admission decision annulled and get the tuition fee refunded (applied to the
violations specified in Point b Clause 1, Clauses d and dd Clause 2 of this
Article).
SECTION 4. VIOLATIONS AGAINST
THE REGULATION ON EXAMINATION AND EVALUATION
Article 13. The violations
against the regulations on examination
1. Fines of from VND 2,000,000 to VND 5,000,000
shall be imposed for the disruption or threat of force that hinders the test
takers and the organizers, inspectors, proctors, examiners, examination server.
2. Fines of from VND 3,000,000 to VND 6,000,000
shall be imposed for providing untrue information about the examination.
3. With regard to the violations against the
examination regulations:
a) Fines of from VND 1,000,000 to VND 2,000,000
shall be imposed on entities that bring unallowable documents, instruments to
examination rooms, area for marking;
b) Warnings or fines of from VND 2,000,000 to VND
3,000,000 shall be imposed on entities that help test-takers with the test;
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d) Fines of from VND 5,000,000 to VND 7,000,000
shall be imposed for the illegal change of the content of the answer sheet or
of the score.
dd) Fines of from VND 7,000,000 to VND 10,000,000
shall be imposed on entities who swap the answer sheet;
e) Fines of from VND 8,000,000 to VND 10,000,000
shall be imposed for the scoring unconformable to the regulations.
4. Fines of from VND 10,000,000 to VND 12,000,000
shall be imposed for the loss of exam paper.
5. Fines of from VND 20,000,000 to VND 50,000,000
shall be imposed for entities that reveals or loses the test questions.
6. Remedial measures:
a) Restore the answer sheets or the score that are
altered (applied to the violation specified in Point d Clause 3 of this
Article);
b) Take measures to ensure the benefit of the
examinees whose exam paper is lost.
Article 14. VIOLATIONS AGAINST
THE REGULATION ON TESTING AND EVALUATION
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a) Warnings or fines of from VND 200,000 to VND
500,000 shall be imposed for the violations at compulsory educational
institutions, continuing educational institutions;
b) Fines of from VND 1,000,000 to VND 2,000,000
shall be imposed for the violations at vocational intermediate schools;
c) Fines of from VND 2,000,000 to VND 5,000,000
shall be imposed for the violations at higher educational institutions;
2. Remedial measures: Carry out the retest,
re-evaluation (applied to the violations specified in this Article)
SECTION 5. VIOLATIONS AGAINST
THE REGULATIONS ON MANAGEMENT, ISSUANCE AND USE OF QUALIFICATIONS AND
CERTIFICATES
Article 15. Violations against
the regulations on management and issuance of qualifications and certificates
1. With regard to the violations against the
regulations on management of qualifications and certificates:
a) Fines of from VND 4,000,000 to VND 8,000,000
shall be imposed for the lack of documents as the basis for issuance,
management of qualifications, certificates or the illegal handling of
qualification/certificate forms that are incorrectly printed;
b) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for the printing of qualifications/certificates that is
unconformable to the regulations;
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a) Fines of from VND 2,000,000 to VND 5,000,000
shall be imposed for the issuance of unconformable qualifications/certificates;
b) Fines of from VND 8,000,000 to VND 10,000,000
shall be imposed for the issuance of qualifications/certificates to
unsatisfactory learners;
c) Fines of from VND 20,000,000 to VND 40,000,000
shall be imposed for the ultra vires issuance of qualifications/certificates;
3. Remedial measures:
a) Annul the qualification/certificate forms that
are unconformable to the regulation (applied to the violations specified in
Point b Clause 1 of this Article);
b) Cancel the decision on graduation recognition
and issuance of degree/diploma or certificate (applied to the violations
specified in Points b and c Clause 2 of this Article);
Article 16. Violations against
regulations on use and publishing of information about the issuance
1. Fines of from VND 1,000,000 to VND 2,000,000
shall be imposed for not updating and publishing the information about
qualifications and certificates on home website.
2. Fines of from VND 2,000,000 to VND 8,000,000
shall be imposed on entities that use qualifications/certificates of other
people or qualifications/certificates that have been erased or altered.
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4. Fines of from VND 20,000,000 to VND 40,000,000
shall be imposed for the falsification of qualifications/certificates.
5. Additional penalties: Confiscating the exhibits
and instruments for committing administrative violations against the
regulations in clauses 2, 3 and 4 of this Article.
SECTION 6. THE VIOLATIONS
AGAINST THE REGULATIONS TOWARD EDUCATORS AND LEARNERS
Article 17. Violations against
regulations on use of educator capital
1. Fines of from VND 2,000,000 to VND 6,000,000
shall be imposed for the use of educators unconformable to the regulations
concerning preschool education and compulsory education.
2. Fines of from VND 4,000,000 to VND 10,000,000
shall be imposed for the use of educators unconformable to the regulations
concerning vocational intermediate education and higher education.
3. Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for assigning educators who are not qualified in terms of
professional skills and foreign language skills to run an international
program.
Article 18. Violations against
the regulation on the rates of teachers, full-time lecturers in the educational
institutions
With regard to the violations against the
regulation on the rates of teachers, full-time lecturers in the educational
institutions:
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2. Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the violations at vocational intermediate schools;
3. Fines of VND 10,000,000 to VND 20,000,000 shall
be imposed for the violations at higher educational institutions;
Article 19. Violations against
the policies on educators or violations of insulting educators and education
managers
1. Fines of from VND 2,000,000 to VND 4,000,000
shall be imposed for the unconformity with the regulations on fostering for
professional skills and proficient for educators.
2. Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the violations of insulting the honor, dignity, body of educators
and education managers.
Article 20. Violations against
the regulation on learner’s dossier management
1. Fines of from VND 2,000,000 to VND 4,000,000
shall be imposed on people who are responsible for the alteration of school
reports, mark-books, score-sheets relating to the evaluation of study result.
2. Fines of VND 4,000,000 to VND 8,000,000 shall be
imposed on entities who fail to draw up learners dossiers sufficiently as
prescribed in the regulations.
3. Remedial measures: Restore the school reports,
mark-books, score-sheets that are altered (applied to the violation specified
in Clause 1 of this Article).
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1. Fines of from VND 2,000,000 to VND 6,000,000
shall be imposed for illegal expulsion of learners from school;
2. Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed for the violations of maltreating, insulting the learners
3. Additional penalties: A suspension for 6 to 12
months shall be imposed for the violations against the regulation in Clause 2
of this Article.
4. Remedial measures: Annul the unlawful decision
and revive the right to study of learner (applied to the violations specified
in Clause 1 of this Article).
Article 22. The violations
against the regulations on education universalization
1. Warnings or fines of from VND 200,000 to VND
500,000 shall be imposed on entities that incite learners being subjects of education
universalization not to go to school or to leave school.
2. Warnings or fines of from VND 500,000 to VND
1,000,000 shall be imposed on entities that hinder learners being subjects of
education universalization from going to school.
SECTION 7. VIOLATIONS AGAINST
THE REGULATION ON FACILITIES, EQUIPMENT, FINANCIAL MATTERS AND OTHER QUALITY
ASSURANCE CONDITIONS
Article 23. Violations on
management, production, supply and use of books, textbooks, lectures, materials
and teaching aids
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2. Fines of from VND 15,000,000 to VND 30,000,000
shall be imposed for the purchase, adoption of books, textbooks, lectures,
materials, teaching aids that have unconformable contents or distort, instigate
violence, affect the national habits and customs.
3. Fines of from VND 30,000,000 to VND 50,000,000
shall be imposed for production of teaching aids unconformable to the
regulations;
4. Remedial measures: Discard books, textbooks,
lectures, materials, teaching aids (applied to the violations specified in
Clauses 2 and 3 of this Article).
Article 24. The violations
against the regulations on fees and charges for education and other receipts
1. Violations against the regulation on fees and
charge for education shall be handled according to the regulations in the
Decree providing for administrative penalties pertaining to fees and charges.
2. Fines of from VND 3,000,000 to VND 5,000,000
shall be imposed for the unconformity with the regulations on receipts and
expenditures;
3. Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for the illegal collection of fees and charges.
4. Remedial measures: Refund to the learners the
collected money and pay the refund expense; if the refund is impossible, the
money collected from the violation shall be submit to the State budget (applied
to the violations specified in Clause 3 of this Article).
Article 25. Violations against
the regulations on assurance of quality and safety conditions for facilities
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a) Fines of from VND 5,000,000 to VND 10,000,000
shall be imposed on educational institutions whose student-lecturer ratio is
50% to 100% exceeding the norm or classroom-student ratio is only 50% to 90% of
the norm.
b) Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed on educational institutions whose student-lecturer ratio is at
least 100% exceeding the norm or classroom-student ratio is under 50% of the
norm.
2. Fines of from VND 10,000,000 to VND 20,000,000
shall be imposed for violations against the regulations on assurance of quality
and safety conditions for facilities.
3. Fines of from VND 20,000,000 to VND 25,000,000
shall be imposed for the education with the number of doctors and masters
unconformable with the regulations.
4. Additional penalties: A suspension for 12 to 24
months shall be imposed for the violations specified in Point b Clause 1 of
this Article.
5. Remedial measures:
a) Complete the conditions of teacher staff,
facilities to ensure the education quality (applied to the violations specified
in Clauses 1 and 3 of this Article);
b) Complete the conditions for safety of facilities
(applied to the violations specified in Clause 2 of this Article);
Article 26. The violations
against the regulations on education quality assessment
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2. Fines of from VND 8,000,000 to VND 12,000,000
shall be imposed on entities who fail to carry out the self-evaluation of
education according to the regulations.
3. Fines of from VND 12,000,000 to VND 20,000,000
shall be imposed for the evaluation and publishing of education quality
evaluation result unconformable to the reality.
4. With regard to the forgery of documents of the
applications for foundation of education quality assessment organization:
a) Fines of from VND 20,000,000 to VND 25,000,000
shall be imposed for entities committing the violation pertaining to preschool
education;
b) Fines of from VND 25,000,000 to VND 30,000,000
shall be imposed for entities committing the violation pertaining to higher
education, vocational intermediate education;
5. Fines of from VND 30,000,000 to VND 40,000,000
shall be imposed for the illegal foundation of education quality assessment
organization.
6. Remedial measures: Dissolve the education
quality assessment organization (applied to the violation specified in Clauses
4 and 5 of this Article).
Chapter 3.
POWER TO MAKE RECORDS
AND IMPOSE PENALTIES FOR ADMINISTRATION VIOLATIONS PERTAINING TO EDUCATION
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1. Persons entitled to make the records prescribed
in this Article may make an administrative violation records within the duties
and tasks according to the form prescribed in the regulations and shall be
responsible for such records.
2. Persons entitled to make administrative
violation records are:
Any person who entitled to impose penalties for
administrative violations as prescribed in this Decree and is on duty;
b) Any officials who is performing the State
management tasks pertaining to education.
Article 28. Entitlement to
impose penalties of the President of the People’s Committees
1. Any Presidents of the People’s Committees of
communes is entitled to:
Impose warnings;
b) Impose fines of not exceeding VND 5,000,000 for
each violation prescribed in Chapter II of this Decree;
c) Confiscate the exhibits and instruments serving
the administrative violations that not exceeding the maximum penalty prescribed
in Point b of this Clause.
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a) Impose warnings;
b) Impose fines of not exceeding VND 50,000,000 for
each violation prescribed in Chapter II of this Decree
c) Revoke the right to enjoyment of operation
licenses, practice certificates for a definite time or suspend the operation
for a definite time (applied to intra vires organizations and individuals);
confiscate the exhibits and instruments for committing the administrative
violations not exceeding the maximum penalty prescribed in Point b of this
Clause.
d) Adopt the remedial measures prescribed in
Article 4 Chapter I of this Decree.
3. Any Presidents of the People’s Committees of
provinces is entitled to:
a) Impose warnings;
b) Impose fines of not exceeding VND 100,000,000
for each violation prescribed in Chapter II of this Decree;
c) Revoke the right to enjoyment of operation
licenses and practice certificates for a definite time or suspend the operation
for a definite time (applied to the intra vires organizations and individuals);
d) Confiscate the exhibits and instruments for
committing administrative violations;
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Article 29. Power to impose
penalties of inspection
1. Any inspector who is on duty is entitled to:
a) Impose warnings;
b) Impose fines of not exceeding VND 500,000 for
each violation prescribed in Chapter II of this Decree;
c) Confiscate the exhibits and instruments for
administrative violations not exceeding the maximum penalty prescribed in Point
b of this Clause.
2. Any Chief Inspectors of Services of Education
and Training is entitled to:
a) Impose warnings;
b) Impose fines of not exceeding VND 50,000,000 for
each violation prescribed in Chapter II of this Decree;
c) Revoke the right to enjoyment of operation
licenses, practice certificates for a definite time or suspend the operation
for a definite time;
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e) Apply the remedial measures prescribed in
Article 4 Chapter I of this Decree.
3. Head of the inspectorate of Services is entitled
to:
a) Impose warnings;
b) Impose fines of not exceeding VND 5,000,000 for
each violation prescribed in Chapter II of this Decree;
c) Confiscate the exhibits and instruments serving
administrative violations not exceeding the maximum penalty prescribed in Point
b of this Clause;
d) Apply the remedial measures prescribed in
Article 4 Chapter I of this Decree.
4. Head of the inspectorate of Ministries is
entitled to:
a) Impose warnings;
b) Impose fines of not exceeding VND 70,000,000 for
each violation prescribed in Chapter II of this Decree;
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d) Apply the remedial measures prescribed in
Article 4 Chapter I of this Decree.
5. Any Chief Inspectors of
Ministries/ministerial-level agencies is entitled to:
a) Impose warnings;
b) Impose fines of not exceeding VND 100,000,000
for each violation prescribed in Chapter II of this Decree;
c) Revoke the right to enjoyment of operation
licenses, practice certificates or suspend the operation for a definite time;
d) Confiscate the exhibits and instruments for
committing administrative violations;
e) Apply the remedial measures prescribed in
Article 4 Chapter I of this Decree.
Article 30. Expelling
Any foreigners who commits any administrative
violations prescribed in Clause 7 Article 8 of this Decree which is liable to
expulsion from Vietnam shall be handled according to the Decree of Government
on impoundment and escort under administrative procedures and suffer the
penalty according to administrative procedures.
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IMPLEMENTATION
Article 31. Effect
1. This Decree takes effect on December 10, 2013
2. This Decree annuls the Decree No. 49/2005/NĐ-CP
dated April 11, 2005 by the Government and the Decree No. 40/2011/NĐ-CP dated
June 08, 2011 by the Government.
Article 32. Transitional
provisions
With regard to administrative violations against
the regulations on education that are committed before July 01, 2013 and
discovered afterwards, the regulations that are more favorable to the offenders
shall be applied.
Article 33. Responsibilities
The Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, the Presidents of the People’s Committees of
provinces are responsible for the implementation of this Decree./.
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung