THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.49/2005/ND-CP
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Hanoi,
April 11, 2005
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DECREE
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN EDUCATION
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Law on Education dated December 2, 1998;
Pursuant to the Ordinance on Handling of Administrative Violations dated July
2, 2002
At the proposal of the Minister of Education and Training,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
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1. This Decree prescribes acts of administrative
violation in education (the domain of vocational training does not fall within
the governing scope of this Decree), sanctioning forms and levels, sanctioning
competence and procedures as well as remedial measures.
2. Administrative violations in education are
acts violating regulations on State management over education committed by
individuals or organizations intentionally or unintentionally, which, however,
are not crimes and must therefore be administratively sanctioned according to
the provisions of the Ordinance on Handling of Administrative Violations and
this Decree.
3. For acts of education-related administrative
violation prescribed in other decrees of the Government (hereinafter referred
to as relevant decrees), the provisions of such decrees shall apply.
Article 2. Subjects of
application
Subjects of application
1. Vietnamese individuals and organizations that
commit acts of administrative violation in education shall all be sanctioned
according to the provisions of this Decree and the relevant decrees.
2. Foreign individuals and organizations that
commit acts of administrative violation in education in Vietnam shall all be
sanctioned like Vietnamese individuals and organizations according to the
provisions of this Decree and the relevant decrees, unless otherwise provided
for by international agreements which the Socialist Republic of Vietnam has
signed or acceded to.
3. Individuals being minors who commit acts of
administrative violation in education shall be handled according to the
provisions of Clauses 1 and 3, Article 7 of the Ordinance on Handling of
Administrative Violations.
Article 3. Sanctioning
principles
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1. All acts of administrative violation in
education must be promptly detected and immediately stopped.
The handling of administrative violations in
education must be conducted in a swift, fair and thorough manner; all consequences
caused by acts of administrative violation must be remedied in strict
compliance with law provisions.
2. Individuals and organizations shall be
sanctioned for their administrative violations in education only when they
commit acts of violating the provisions of this Decree and other relevant
decrees of the Government on sanctioning of administrative violations.
3. One act of administrative violation in
education shall be administratively sanctioned only once.
One person or one organization that
commits many acts of administrative violation in education shall be sanctioned
for each act of violation.
Many persons or many organizations that jointly
commit one act of administrative violation in education shall each be
sanctioned.
4. The sanctioning of administrative violations
in education must be based on the nature, seriousness of violations, personal
identity of violators as well as extenuating circumstances or aggravating
circumstances, with a view to deciding on appropriate handling forms and measures.
5. Administrative violations committed in
education in cases of emergency, legitimate defense, unexpected events, or
administrative violations committed by individuals who suffer from mental
illness or other diseases, which deprive them of their capability to cognize or
self-control their acts, shall not be sanctioned.
Article 4. Extenuating
circumstances, aggravating circumstances
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The application of extenuating circumstances
and/or aggravating circumstances in the sanctioning of administrative
violations to violation acts defined in Chapter II of this Decree shall comply
with the provisions of Articles 8 and 9 of the Ordinance on Handling of
Administrative Violations.
Article 5. Statute of
limitations for sanctioning administrative violations
Statute of limitations for
sanctioning administrative violations
1. The statute of limitations for sanctioning
administrative violations in education shall be one year counting from the date
such acts of administrative violation are committed. For administrative
violations in education, which are related to finance, intellectual property,
construction, environment, dwelling houses, land, publication, export, import,
exit, entry, or administrative violations being acts of smuggling, counterfeit
goods production or trading, this statute of limitations shall be two years.
Past the above-mentioned time limits, no sanctions shall be imposed but
remedial measures provided for in Clause 3, Article 7 of this Decree may still
be applied.
2. Individuals, who had been prosecuted or
against whom criminal cases had been instituted or decisions on bringing cases
to court for trial according to criminal procedures had been issued but later
there have been decisions on suspension of investigations or discontinuation of
cases, and whose acts show signs of administrative violations in education,
shall be administratively sanctioned. Within three days after issuing decisions
on suspension of investigations or discontinuation of cases, the decision
issuers shall have to send such decisions to persons with sanctioning
competence.
In this case, the statute of limitations for
sanctioning administrative violations shall be three months after competent
persons receive the suspension or discontinuation decisions and dossiers of
violation cases.
3. Within the time limits prescribed in Clauses
1 and 2 of this Article, if violating individuals or organizations commit new
acts of administrative violation in education or intentionally shirk or impede
the sanctioning, such statute of limitations shall not apply. The statute of
limitations for sanctioning administrative violations shall be recounted as
from the time new administrative violations are committed or acts of
intentionally shirking or impeding the sanctioning stop.
Article 6. Time limit
for being considered having not been sanctioned for administrative violations
Timelimit for being considered
having not been sanctioned for administrative violations
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Article 7. Sanctioning forms
and remedial measures
Sanctioning forms and remedial
measures
1. For each act of administrative violation in
education, violating individuals or organizations shall be subject to one of
the following principal sanctioning forms:
a) Caution;
b) Fine.
When the fining form is applied, specific fine
level applicable to one act of administrative violation shall be the average
level of the fine bracket prescribed for such act. If such act of violation
involves extenuating circumstances provided for in Article 8 of the Ordinance
on Handling of Administrative Violations, the applicable fine level may be
lower than the average level but must not be lower than the minimum level of
the fine bracket. If such act of violation involves aggravating circumstances
provided for in Article 9 of the Ordinance on Handling of Administrative
Violations, the applicable fine level may be higher than the average level but
must not exceed the maximum level of the fine bracket.
2. Depending on the nature and seriousness of
their violations, individuals or organizations committing administrative
violations in education may be imposed one or several of the following
additional sanctioning forms:
a) Deprivation of the right to use founding
decisions, licenses or practice certificates for a definite or indefinite time,
for individuals or organizations seriously violating the regulations on use of
founding decisions, licenses or practice certificates;
b) Confiscation of material evidences or means
used for committing administrative violations;
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3. Apart from the sanctioning forms prescribed
in Clauses 1 and 2 of this Article, individuals or organizations committing
administrative violations in education may also be subject to one or
several of the following remedial measures:
a) Compelled restoration of initial state, which
is altered due to administrative violations at requests of competent agencies;
b) Compelled suspension or termination of
teaching or educational activities;
c) Compelled cancellation of results of
examination subjects or remarking of examination papers;
d) Compelled teaching or provision of practice
or probation instructions in order to add teaching periods or supplement
teaching contents or courses according to the prescribed ones; compelled supply
of materials and equipment according to the approved plans;
e) Compelled annulment of wrong decisions or
decisions contrary to regulations of competent agencies;
f) Compelled restoration of the right to learn
or legitimate benefits of learners and correct assessment of their study
results, and guarantee of diploma or certificate holders' right;
g) Compelled refund of money amounts already
collected from learners and payment of all expenses for organizing the refund
due to administrative violations;
h) Compelled withdrawal of illegally granted
diplomas or certificates;
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Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN EDUCATION, SANCTIONING FORMS AND LEVELS
Article 8. Violation of
regulations on founding of educational establishments and organization of
educational activities
Violation of regulations on
founding of educational establishments and organization of educational
activities
1. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for acts of losing founding decisions, licenses or practice
certificates without making declarations with competent agencies.
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed for one of acts of erasing, crossing out, modifying
or adding contents of purchasing, selling, transferring, renting, leasing,
borrowing or lending, founding decisions, licenses or practice certificates in
contravention of law provisions.
3. Acts of illegally founding educational
establishments shall be fined at the following levels:
a) Between VND 5,000,000 and 10,000,000, for
acts of founding preschool or general education establishments;
b) Between VND 10,000,000 and 20,000,000 for
acts of founding intermediate vocational training establishments, constant
education centers, foreign language or informatics centers;
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d) Between VND 60,000,000 and 100,000,000 for
undergraduate or postgraduate training establishments.
4. Acts of opening independent classes for
teaching learners according to preschool, general education, intermediate
vocational education or pre-entrance education programs; drilling
university-entrance examinees; providing collegial, undergraduate or postgraduate
training without permits of competent agencies; or acts of giving permits ultra
vires shall be fined at the following levels:
a) Between VND 200,000 and 500,000 for preschool
classes;
b) Between VND 500,000 and 1,000,000 for general
education classes;
c) Between VND 1,000,000 and 2,000,000 for
classes of intermediate vocational training, pre- entrance education or
drilling of university entrance examinees;
d) Between VND 2,000,000 and 5,000,000 for
undergraduate or postgraduate training classes.
5. Additional sanctioning forms and remedial
measures to be imposed for acts prescribed in this Article:
a) Confiscation of material evidences, for acts
mentioned in Clause 2 of this Article;
b) Compelled refund of money amounts already
collected from learners and payment of all expenses for organizing the refund,
for acts specified in Clauses 3 and 4 of this Article.
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Violation of regulations on
activities of educational establishments
1. Fines shall be imposed for acts of failing to
abide by competent agencies’ decisions on suspension of operation or
dissolution of educational establishments; operating beyond the duration
prescribed in licenses; arbitrarily stopping operation without permits of
competent authorities, thus causing damage to learners, at the following
levels:
a) Between VND 3,000,000 and 5,000,000 on
preschool education or general education establishments;
b) Between VND 5,000,000 and 10,000,000 on
intermediate vocational training establishments, constant education centers,
foreign language or informatics training centers;
c) Between VND 15,000,000 and 30,000,000 on
collegial training establishments;
d) Between VND 40,000,000 and 60,000,000 on
undergraduate or postgraduate training establishments.
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed for acts of training and granting certificates in
contravention of provisions of law.
3. A fine of between VND 20,000,000 and 30,000,000
shall be imposed for one of the following violation acts:
a) Training and granting diplomas of the
national education system beyond one's vested competence;
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4. Remedial measures for violations prescribed
in this Article include:
a) Compelled refund of money amounts already
collected from learners and payment of all expenses for organizing the refund,
for violation acts specified in Clause 1, and withdrawal of diplomas or certificates
already illegally granted, for violations specified in Clauses 2 and 3 of this
Article;
b) Compelled restoration of learners' study
right, which has been deprived of due to violation acts specified in Clause 1
of this Article under decisions of competent agencies.
Article 10. Violation of
regulations on educational programs, contents and plans
Violation of regulations on
educational programs, contents and plans
1. Caution or fines shall be imposed for acts of
failing to teach in sufficient periods or with adequate knowledge contents
(converted into periods) of study subjects as prescribed by competent agencies
for general education, intermediate vocational education, collegial,
undergraduate or postgraduate education, at the following levels:
a) Caution shall be imposed for violations
involving less than 5 periods for a class in a school year;
b) A fine of between VND 200,000 and 500,000
shall be imposed for a violation involving between 5 and 10 periods for a class
in a school year;
c) A fine of between VND 500,000 and 1,000,000
shall be imposed for a violation involving between 11 and 15 periods for a
class in a school year;
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e) A fine of between VND 2,000,000 and
3,000,000 shall be imposed for a violation involving 21 periods or more for a
class in a school year.
2. Fines shall be imposed for acts of teaching
or disseminating contents not included in the prescribed curricula, textbooks
or teaching courses for purpose of distorting educational contents (which,
however, are not serious enough for examination of penal liability) at the
following levels:
a) Between VND 500,000 and 1,000,000, for
first-time violations;
b) Between VND 1,000,000 and 2,000,000 for
second-time violations onward.
3. Additional sanctioning forms to be imposed
for violations prescribed in this Article include:
a) Confiscation of material evidences, for
violations specified in Clause 2 of this Article;
b) Expulsion of violators being foreigners, for
violations specified in Clause 2 of this Article;
c) Deprivation of the right to use licenses or
practice certificates for a definite time, for first-time violations, or for an
indefinite time, for recidivism, for violations specified in Clause 2 of this
Article.
4. Remedial measures to be imposed for
violations specified in this Article include:
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b) Compelled addition of deficient teaching
periods and contents, for violations specified in Clause 1 of this Article.
Article 11. Violation of
regulations on enrolment subjects, criteria, norms and competence
Violation of regulations on
enrolment subjects, criteria, norms and competence
1. Caution or fine of between VND 200,000 and
300,000 shall be imposed for acts of falsely declaring or joining hands with
others in making false declaration of enrolment files for purpose of being
enrolled.
2. Fines shall be imposed for acts of enrolling
in general education levels or grades wrong subjects or not in conformity with
the enrolment criteria set by competent agencies, at the following levels:
a) Between VND 300,000 and 500,000 for
violations being wrong enrolment of less than 3 three pupils;
b) Between VND 1,000,000 and 2,000,000 for
violations being wrong enrolment of between 3 and 5 pupils;
c) Between VND 2,000,000 and 3,000,000 for
violations being wrong enrolment of between 6 and 10 pupils;
d) Between VND 3,000,000 and 5,000,000 for
violations being wrong enrolment of between 11 and 15 pupils;
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3. Caution or fines shall be imposed for acts of
enrolling students for intermediate vocational training in excess of quotas,
enrolling wrong subjects or not in conformity with the criteria set by
competent agencies, at the following levels:
a) Caution for enrollment in excess of the
assigned enrolment quotas by less than 5%;
b) Between VND 200,000 and 500,000 for
enrollment in excess of the assigned enrolment quotas by between 5% and under
10% or enrolling less than 10 learners being wrong subjects or not in
conformity with criteria;
c) Between VND 1,000,000 and 2,000,000 for
enrollment in excess of the assigned enrolment quotas by between 10% and under
15% or enrolling between 10 and 20 learners being wrong subjects or not in
conformity with criteria;
d) Between VND 3,000,000 and 5,000,000 for
enrollment in excess of the assigned enrolment quotas by between 15% and under
20% or enrolling between 21 and 30 learners being wrong subjects or not in
conformity with criteria;
e) Between VND 6,000,000 and 10,000,000 for
enrollment in excess of the assigned enrolment quotas by more than 20% or
enrolling 31 or more learners being wrong subjects or not in conformity with
criteria.
4. Fines shall be imposed for acts of enrolling
students for collegial, undergraduate or postgraduate training in excess of
quotas, enrolling wrong subjects or not in conformity with the criteria set by
competent agencies, at the following levels:
a) Between VND 2,000,000 and 5,000,000 for acts
of enrolling in excess of the assigned enrolment quotas by less than 5%;
b) Between VND 5,000,000 and 1,000,000 for acts
of enrolling in excess of the assigned enrolment quotas by between 5% and under
10% or enrolling less than 10 learners being wrong subjects or not in
conformity with criteria;
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d) Between VND 20,000,000 and 40,000,000 for
acts of enrolling in excess of the assigned enrolment quotas by between 15% and
20% or enrolling between 21 and 30 learners being wrong subjects or not in
conformity with criteria;
e) Between VND 40,000,000 and 60,000,000 for
acts of enrolling in excess of the assigned enrolment quotas by more than 20%
or enrolling 31 or more learners being wrong subjects or not in conformity with
criteria.
5. Fines shall be imposed for acts of enrolling
learners for training and granting diplomas of the national education system
not according to assigned competence, at the following levels:
a) Between VND 5,000,000 and 10,000,000 for acts
of announcing the enrolment (in any form) without permits of competent
agencies;
b) Between VND 10,000,000 and 20,000,000 for
acts of receiving files or organizing examinations or consideration for
enrolment, summoning examinees without having been assigned by competent
agencies.
6. Fines shall be imposed for acts of violating
the State's regulations on enrolment of learners for overseas training or
training at educational establishments involving foreign elements and operating
in the Vietnamese territory under the general education, intermediate
vocational education, collegial, undergraduate or postgraduate programs, at the
following levels:
a) Between VND 5,000,000 and 10,000,000 for acts
of wrongly enrolling between 1 and 5 learners;
b) Between VND 10,000,000 and 20,000,000 for
acts of wrongly enrolling between 6 and 10 learners;
c) Between VND 20,000,000 and 30,000,000 for acts
of wrongly enrolling between 11 and 15 learners;
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e) Between VND 40,000,000 and 50,000,000 for
acts of wrongly enrolling between 21 and 25 learners;
f) Between VND 50,000,000 and 60,000,000 for
acts of wrongly enrolling 26 learners or more.
7. Additional sanctioning forms to be imposed
for violations prescribed in this Article include:
a) Confiscation of material evidences, for
violations specified in Clause 1 of this Article;
b) Deprivation of the right to use licenses or
practice certificates for a definite time, for first-time violations or for an
indefinite time, for recidivism, with regard to violations specified in Clauses
3, 4 and 6 of this Article.
8. Remedial measures to be imposed for
violations specified in this Article include:
a) Compelled cancellation of wrong decisions due
to acts specified in Clauses 1, 2, 3, 4 and 5 of this Article;
b) Compelled refund of money amounts already
collected from learners and payment of all expenses for the refund, for acts
mentioned in Clauses 2, 3, 4, 5 and 6 of this Article.
Article 12. Violation of
regulations on examinations for enrolment into educational establishments and
graduation examinations for granting of diplomas of the national education
system
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1. Fines of between VND 1,000,000 and 2,000,000
shall be imposed for acts of disturbing or threatening to use force to prevent
examination managers, superintendents, examination paper markers or stewards
from performing their tasks.
2. Fines of between VND 2,000,000 and 4,000,000
shall be imposed for acts of using force to prevent examination managers,
superintendents, examination paper markers or stewards from performing their
tasks.
3. A fine of between VND 4,000,000 and
6,000,000.shall be imposed for one of the following acts:
a) Sitting examinations on other examinees’
behalf or for purpose of helping other examinees;
b) Illegally transferring materials, information
and/or tools into examination rooms for sitting examinees;
c) Disclosing examination papers' headings.
4. Fines of between VND 6,000,000 and 10,000,000
shall be imposed for acts of fraudulently altering examination papers or
joining hands with others in altering examination papers of examinees not in
compliance with competent agencies' regulations.
5. A fine of between VND 1,500,000 and 3,000,000
shall be imposed for one of the following acts of violating examination
regulations:
a) Issuing decisions on setting up of
apparatuses or assignment of tasks to officials in contravention of regulations
applicable to such examinations;
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c) Marking entrance or graduation examination
papers not according to model solutions or answers or marking scales;
d) Making score sheets inconsistent with marking
results of examination papers.
6. Fines of between VND 4,000,000 and 6,000,000
shall be imposed for acts of additionally writing on or modifying contents of
examinees' examination papers in contravention of regulations.
7. Fines of between VND 10,000,000 and
20,000,000 shall be imposed for acts of disclosing or losing examination
questions (which are, however, not serious enough for penal liability
examination).
8. Additional sanctioning form to be imposed for
violations prescribed in this Article include:
Confiscation of material evidences and means
already used for committing violation acts specified in Clauses 3, 4, 6 and 7
of this Article.
9. Remedial measures to be imposed for
violations prescribed in this Article include:
a) Compelled restoration of initial state, which
is altered due to violation acts specified in Clause 4, Point d of Clause 5,
and Clause 6 of this Article;
b) Compelled cancellation of examination results
of violators (if violators are examinees), for acts specified in Clauses 1 and
2, and those of examinees who benefit from violations, for acts specified in
Clauses 3, 4, 6 and 7 of this Article;
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Article 13. Violation of
regulations on assessment of study results of learners in general education,
intermediate vocational education and tertiary education establishments
Violation of regulations on
assessment of study results of learners in general education, intermediate
vocational education and tertiary education establishments
1. Caution or fines shall be imposed for acts of
failing to fully observing competent agencies' regulations on marking examination
papers, assessment and classification of study results, thus affecting results
of subjects, semesters or school years of learners, at the following levels:
a) Caution or fines of between VND 100,000 and
200,000 shall be imposed for violation acts in general education;
b) Fines of between VND 300,000 and 500,000 for
violation acts in intermediate vocational education;
c) Fines of between VND 600,000 and 1,000,000
for violation acts in tertiary education.
2. Remedial measure to be imposed for violations
prescribed in this Article:
Compelled restoration of study assessment or
classification results true to the real study results of learners, for
violation acts prescribed in Clause 1 of this Article.
Article 14. Violation of
regulations on management, granting and use of diplomas and certificates of the
national education system
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1. Caution or a fine of between VND 200,000 and
500,000 shall be imposed for one of the following acts:
a) Failing to discharge responsibilities to
grant or authenticate copies or certify the legality of already granted
diplomas or certificates;
b) Granting diplomas or certificates with wrong
contents which may cause troubles to their users.
2. A fine of between VND 500,000 and 1,000,000
shall be imposed for acts of using unlawful diplomas or certificates.
3. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for one of the following acts:
a) Failing to make or making incomplete dossiers
as prescribed to serve as basis for granting or management of diplomas or
certificates;
b) Giving untruthful certification or falsifying
dossiers, thus leading to the granting of diplomas or certificates to unqualified
persons.
4. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for one of the following acts:
a) Issuing decisions or proposing competent
authorities to issue decisions on illegal grant of certificates;
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5. A fine of between VND 4,000,000 and 5,000,000
shall be imposed for one of the following acts:
a) Issuing decisions or proposing competent
authorities to issue decisions on illegal grant of diplomas;
b) Destroying or falsifying dossiers or
documents which serve as basis for granting or certifying legality of diplomas
(which, however, are not serious enough for penal liability examination).
6. Additional sanctioning form to be imposed for
violations prescribed in this Article:
Deprivation of the right to use licenses or
practice certificates for a definite time, for second-time violations, or for
an indefinite time, for recidivism, with regard to violation acts prescribed in
Clauses 3 and 4 of this Article.
7. Remedial measures to be imposed for
violations prescribed in this Article include:
a) Withdrawal of diplomas or certificates, for
violation acts prescribed at Point b of Clause 1, Clause 2, Point b of Clause
3, Point a of Clause 4 and Point a of Clause 5 of this Article;
b) Compelled restoration of legitimate rights
and interests of diploma or certificate users, for acts prescribed in Clause 1
of this Article.
Article 15. Violation of
regulations on employment of teachers
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1. Fines shall be imposed for acts of employing
teachers who are unqualified according to prescribed standards at the following
levels:
a) Caution for acts of employing unqualified
preschool teachers;
b) Fines of between VND 1,000,000 and 2,000,000
for acts of employing unqualified general education teachers;
c) Fines of between VND 3,000,000 and 4,000,000
for acts of employing unqualified intermediate vocational education teachers,
unqualified teachers of constant education centers, foreign language centers or
informatics centers;
d) Fines of between VND 5,000,000 and 10,000,000
for acts of employing unqualified college teachers;
e) Fines of between VND 11,000,000 and
15,000,000 for acts of employing unqualified undergraduate or postgraduate
education teachers.
2. Remedial measure to be imposed for violations
prescribed in this Article:
Compelled termination of teaching or educational
activities, for acts of employing unqualified teachers prescribed in Clause 1
of this Article.
Article 16. Violation of
regulations on assurance of percentage of teachers or lecturers on permanent
payroll in educational establishments
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Fines shall be imposed for acts of violating
competent agencies' regulations on assurance of percentage of teachers or
lecturers on permanent payroll against the total number of teachers or
lecturers in educational establishments at the following levels:
a) Fines of between VND 2,000,000 and 5,000,000
for violation acts committed at general education grades or levels;
b) Fines of between VND 5,000,000 and 10,000,000
for violation acts committed in intermediate vocational education
establishments, constant education centers, foreign language or informatics
centers;
c) Fines of between VND 10,000,000 and
15,000,000 for violation acts committed in collegial training establishments;
d) Fines of between VND 15,000,000 and
20,000,000 for violation acts committed in undergraduate or postgraduate
training establishments.
Article 17. Violation of
regulations on management of learners' files
Violation of regulations on
management of learners' files
1. Caution or fines shall be imposed for acts of
letting, due to irresponsibility in the management, the modification of study
result records, score sheets or documents related to the assessment of study
results of learners in contravention of regulations to occur, thus causing bad
consequences, at the following levels:
a) Caution or a fine of between VND 100,000 and
200,000 for a violation involving one or two learners;
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c) A fine of between VND 600,000 and 1,000,000
for a violation involving more than six learners.
2. Fines of between VND 2,000,000 and 5,000,000
for acts of failing to make or making incomplete files for management of
learners according to schools' regulations.
3. Remedial measure to be imposed for violations
prescribed in this Article:
Compelled restoration of initial state, which
has been altered due to violation acts prescribed in Clause 1 of this Article.
Article 18. Violation of
regulations on use of textbooks, educational materials, and supply and use of
educational equipment
Violation of regulations on use
of textbooks, educational materials, and supply and use of educational equipment
1. Fines of between VND 1,000,000 and 5,000,000
shall be imposed for acts of issuing decisions in contravention of regulations
on purchase or reception of gifts, use of textbooks or educational materials
and equipment which are not up to standards, thus badly affecting the teaching
and learning activities.
2. Fines of between VND 10,000,000 and
15,000,000 for acts of transporting and distributing textbooks, educational
materials and equipment not according to the supply plans set by competent agencies.
3. Remedial measures to be imposed for
violations prescribed in this Article include:
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b) Compelled restoration of initial plans, which
have been altered due to violation acts prescribed in Clause 2 of this Article.
Article 19. Violation of
regulations on tuitions, school fees and other amounts collected from learners
Violation of regulations on
tuitions, school fees and other amounts collected from learners
The handling of these violations shall comply
with the provisions of Chapter II of the Government's Decree No. 106/2003/ND-CP
dated September 23, 2003 on sanctioning of administrative violations in the
domain of fees and charges.
Article 20. Violation of
regulations on disciplinary form of forcing learners to drop their schoolings
Violation of regulations on
disciplinary form of forcing learners to drop their schoolings
1. Caution or fines shall be imposed for acts of
deciding to discipline learners by way of forcing them to drop their schoolings
in contravention of regulations at the following levels:
a) A caution or a fine of between VND 200,000
and 500,000 for a violation against one or two learners;
b) A fine of between VND 500,000 and 1,000,000
for a violation against between three and five learners;
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d) A fine of between VND 2,000,000 and 3,000,000
for a violation against eleven learners or more.
2. Remedial measure to be imposed for violations
prescribed in this Article:
Compelled cancellation of wrong decisions and
restoration of learners' right to study, for acts prescribed in Clause 1 of
this Article.
Article 21. Violation of
regulations on educational universalization
Violation of regulations on
educational universalization
1. Caution or fines of between VND 50,000 and
100,000 shall be imposed for acts of hindering pupils of universalized study
grades or levels from going to school.
2. Fines of between VND 100,000 and 200,000
shall be imposed for acts of instigating pupils of universalized study grades
or levels not to go school or to drop out.
Chapter III
SANCTIONING COMPETENCE
AND PROCEDURES
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Competence of presidents of
People's Committees of all levels to sanction administrative violations in
education
1. The presidents of People's Committees of
communes, wards or district townships have the right to sanction, according to
the provisions of Article 28 of the Ordinance on Handling of Administrative
Violations, acts of administrative violation in education, defined in Chapter
II of this Decree in their respective localities and under their management
competence.
2. The presidents of People's Committees of rural
districts, urban districts or provincial towns have the right to sanction,
according to the provisions of Article 29 of the Ordinance on Handling of
Administrative Violations, acts of administrative violation in education,
defined in Chapter II of this Decree in their respective localities and under
their management competence.
3. The presidents of People's Committees of
provinces or centrally-run cities have the right to sanction, according to the
provisions of Article 30 of the Ordinance on Handling of Administrative
Violations, acts of administrative violation in education, defined in Chapter
II of this Decree in their respective localities and under their management
competence.
Article 23. Competence of
educational inspectorates to sanction administrative violations
Competence of educational
inspectorates to sanction administrative violations
1. Educational inspectors who are on official
duty have the right to sanction, according to the provisions of Clause 1, Article
38 of the Ordinance on Handling of Administrative Violations, acts of
administrative violation in education, prescribed in Chapter II of this Decree.
2. Chief inspectors of Education and Training
Services of provinces or centrally-run cities have the right to sanction,
according to the provisions of Clause 2, Article 38 of the Ordinance on
Handling of Administrative Violations, acts of administrative violation in
education, defined in Chapter II of this Decree.
3. The Chief Inspector of the Ministry of
Education and Training has the right to sanction, according to the provisions
of Clause 3, Article 38 of the Ordinance on Handling of Administrative
Violations, acts of administrative violation in education, defined in Chapter
II of this Decree.
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Authorization of sanctioning of
administrative violations in education
In cases where persons competent to sanction
administrative violations in education defined in Article 22 and Clauses 2 and
3 of Article 23 of this Decree are absent, the authorization shall be effected
according to the provisions of Article 14 of the Government's Decree No.
134/2003/ND-CP dated November 14, 2003, detailing the implementation of a
number of articles of the Ordinance on Handling of Administrative Violations.
Article 25. Principles for
determining competence to sanction administrative violations in education
Principles for determining
competence to sanction administrative violations in education
1. The presidents of People's Committees of all
levels have the right to handle administrative violations in education in their
respective localities according to the competence provided for in Articles 28,
29 and 30 of the Ordinance on Handling of Administrative Violations.
2. Educational inspectorates have the right to
sanction administrative violations in education according to the provisions of
Article 38 of the Ordinance on Handling of Administrative Violations.
In cases where violation acts fall beyond the
competence of chief inspectors of provincial/municipal Education and Training
Services, the dossiers of violation cases shall be transferred to presidents of
provincial-level People's Committees for handling according to their
competence.
3. In cases where an individual or organization
simultaneously commits many acts of administrative violation, including
violations in education, the sanctioning competence shall be determined
according to the principle prescribed in Clause 3, Article 42 of the Ordinance
on Handling of Administrative Violations.
4. Competence for expelling foreign individuals
who commit administrative violations in education shall comply with the
provisions of Clause 1, Article 17 of the Government's Decree No. 21/2001/ND-CP
dated May 28, 2001, detailing the implementation of the Ordinance on Entry,
Exit or Residence of Foreigners in Vietnam.
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Article 26. Procedures for
sanctioning administrative violations in education
Procedures for sanctioning
administrative violations in education
1. Procedures for making written records or
sanctioning decisions shall comply with the provisions of Articles 19, 20 and
21 of the Government's Decree No. 134/2003/ND-CP dated November 14, 2003,
detailing the implementation of a number of articles of the Ordinance on
Handling of Administrative Violations.
2. The imposition and payment of fines must
comply with the procedures prescribed in Articles 24 and 25 of the Government's
Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation
of a number of articles of the Ordinance on Handling of Administrative
Violations.
3. Procedures for depriving of the right to use
founding decisions, licenses or practice certificates shall comply with the
provisions of Article 59 of the Ordinance on Handling of Administrative
Violations and Article 11 of the Government's Decree No. 134/2003/ND-CP dated
November 14, 2003, detailing the implementation of a number of articles of the
Ordinance on Handling of Administrative Violations.
4. Procedures for confiscating and handling
material evidences and means used for committing administrative violations in
education shall comply with the provisions of Articles 60 and 61 of the
Ordinance on Handling of Administrative Violations and Article 31 of the Government's
Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation
of a number of articles of the Ordinance on Handling of Administrative
Violations.
Article 27. Observance of
decisions on sanctioning of administrative violations in education
Observance of decisions on
sanctioning of administrative violations in education
1. Individuals or organizations that commit
administrative violations in education must abide by sanctioning decisions
within 10 days after they are handed such sanctioning decisions, except for
cases prescribed in Article 65 of the Ordinance on Handling of Administrative
Violations. The method of counting time limits is prescribed in Article 9 of
the Government's Decree No. 134/2003/ND-CP dated November 14, 2003, detailing
the implementation of a number of articles of the Ordinance on Handling of
Administrative Violations.
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Chapter IV
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 28. Complaints,
denunciations and settlement thereof
Complaints, denunciations and
settlement thereof
1. Individuals, organizations or their lawful
representatives may lodge complaints about sanctioning decisions of competent
persons defined in Articles 22, 23 and 24 of this Decree. Procedures for
lodging and settling complaints shall comply with the provisions of Article 118
of the Ordinance on Handling of Administrative Violations. Competence and time
limits for lodging or settling complaints shall comply with the provisions of
the Law on Complaints and Denunciations. The complaint about decisions on
sanctioning of administrative violations shall not suspend the execution of
decisions on sanctioning administrative violations in education.
2. Individuals may lodge denunciations with
competent Slate agencies against unlawful acts of persons with sanctioning
competence in handling administrative violations in education. Procedures for
lodging and settling complaints or denunciations shall comply with the
provisions of Article 118 of the Ordinance on Handling of Administrative
Violations.
Article 29. Handling of
violations committed by persons competent to sanction administrative violations
in education
Handling of violations committed
by persons competent to sanction administrative violations in education
Persons competent to sanction administrative
violations in education, who harass, tolerate, cover up fail to handle or
handle violators not in a prompt or adequate manner or ultra vires, shall be
handled according to the provisions of Article 121 of the Ordinance on Handling
of Administrative Violations.
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Handling of violations committed
by persons sanctioned for administrative violations in education
Persons sanctioned for administrative violations
n education, who take acts against officials on public duty, delay or shirk the
execution of sanctioning decisions or commit other violation acts, shall be
handled according to the provisions of Article 122 of the Ordinance on Handling
of Administrative Violations.
Chapter V
IMPLEMENTATION PROVISIONS
Article 31. Implementation
effect
Implementation effect
This Decree takes effect 15 days after its
publication in "CONG BAO".
To annul the provisions on sanctioning of
administrative violations in education in the Government's Decree No.
18/2001/ND-CP dated May 4, 2001, on the founding and operation of foreign
cultural and educational establishments in Vietnam and other previous
stipulations, which are contrary to this Decree.
Article 32.
Responsibilities to guide and implement this Decree
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The Minister of Education and Training shall,
within the ambit of his/her functions, tasks and powers, have to guide and
organize the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the People's Committees of the provinces and centrally-run
cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai