THE MINISTRY OF
EDUCATION AND TRAINING OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 05/VBHN-BGDDT
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Hanoi, July 06,
2022
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DECREE
PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON EDUCATION
The Government’s Decree No. 04/2021/ND-CP dated
January 22, 2021 prescribing penalties for administrative violations against
regulations on education, coming into force from March 10, 2021, is amended by:
The Government’s Decree No. 127/2021/ND-CP dated
December 30, 2021 providing amendments to the Government’s Decree No.
04/2021/ND-CP dated January 22, 2021 prescribing penalties for administrative
violations against regulations on education, coming into force from January 01,
2022.
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendments to the Law on Government
Organization and the Law on Organization of Local Governments dated November
22, 2019;
Pursuant to the Law on penalties for
administrative violations dated June 20, 2012;
Pursuant to the Law on Higher Education dated
June 18, 2012 and the Law on amendments to the Law on Higher Education dated
November 19, 2018;
Pursuant to the Law on Vocational Education and
Training dated November 27, 2014;
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At the request of the Minister of Education and
Training of Vietnam;
The Government promulgates a Decree prescribing
penalties for administrative violations against regulations on education. [1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with administrative violations,
penalties, fines, remedial measures, power to record administrative violations,
power to impose penalties, and specific fines imposed by authorized title
holders for administrative violations in education field.
Article 2. Regulated entities
1. Vietnamese and foreign organizations and persons
(hereinafter referred to as “entities”) that commit any administrative
violations prescribed in this Decree within the territory of Vietnam.
Organizations that are liable to administrative
penalties as prescribed in this Decree include:
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b) Special schools and other educational
institutions; representative offices of foreign educational institutions in
Vietnam; campuses/branches of foreign educational institutions in Vietnam;
educational institutions of political organizations, socio-political
organizations, socio-political-professional organizations, social
organizations, and socio-professional organizations other than the ones
mentioned in Point a Clause 1 of this Article, and organizations that are
juridical persons other than educational institutions and provide early
childhood education, general education; intermediate- or college-level teacher
training programs; higher education, master or doctoral training programs;
professional training and development programs under the management of the
Ministry of Education and Training of Vietnam;
c) Education accreditation organizations,
organizations providing overseas education consulting services and other
education-related services under the management of the Ministry of Education
and Training of Vietnam (hereinafter referred to as “educational service
providers”);
d) Vocational education and training institutions
providing joint training programs for bachelor's degrees.
2. Persons that have the power to record
administrative violations, impose administrative penalties, and other relevant
entities.
3. [2]
(abrogated)
Article 3. Penalties and fines
1. Primary penalties:
a) Warning;
b) Fines.
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a) Confiscation of the exhibits
and instrumentalities for committing administrative violations;
b) Deportation;
c) Suspension of operations for a
fixed period.
3. Fines:
a) [3]
The maximum fine for a violation in the vocational education field imposed upon
an individual is VND 75.000.000; that imposed upon an organization is VND
150.000.000;
b) The fines prescribed in Chapter II of this
Decree shall be imposed upon violating organizations, except the fines
prescribed in Clause 5 Article 9, Clause 2 Article 11, Clause 1 and Points a,
b, c, d, e Clause 3 Article 14, Point b Clause 3 Article 21, Clause 1 Article
23, Clause 1 Article 29 of this Decree which shall be imposed upon violating
individuals. The fine imposed upon an individual is half of that imposed upon
an organization for committing the same administrative violation.
4. [4] Penalties for an administrative
violation shall be imposed once only.
If multiple entities commit the same administrative
violation, penalties shall be imposed separately upon each of such violating
entities.
Article 3a. Prescriptive
period [5]
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2. Determination of prescriptive
period:
a) The prescriptive period of a
completed administrative violation prescribed in Clause 3 of this Article
begins at the time of completion of that violation;
b) The prescriptive period of an
ongoing administrative violation prescribed in Clause 4 of this Article begins
when that violation is detected by a competent law enforcement officer;
c) The prescriptive period of an
administrative violation transferred from the officer competent to record that
administrative violation by the time of issuance of the penalty imposition
decision shall be determined in accordance with the provisions of Clause 1 of
this Article and Points a, b of this Clause.
3. Determination of whether an administrative
violation has been completed or is ongoing for the purpose of determination of
the prescriptive period of that violation shall comply with the provisions of
Clause 1 Article 8 of the Government’s Decree No. 118/2021/ND-CP dated December
23, 2021.
Article 4. Remedial measures
In addition to the remedial measures mentioned in
Points a, e and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations, entities committing violations in education field
may be liable to one or some of the following remedial measures:
1. Enforced invalidation of degrees/diplomas issued
ultra vires or containing unlawful contents.
2. Enforced cancellation of textbooks, syllabi,
teaching materials and equipment.
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4. Enforced assurance of candidates’ rights and
benefits.
5. Enforced transfer of matriculated learners to
other eligible educational institutions or cancellation of matriculation
decisions and return of collected amounts to learners in case of failed
transfer.
6. Enforced return of documents to learners.
7. Enforced return of collected amounts and payment
of all return costs.
8. Enforced reduction of number of learners to be
enrolled in the following year by at least the excess percentage of total
enrolment as prescribed.
9. Enforced cancellation of blank
degrees/diplomas/certificates.
10. Enforced cancellation of
degrees/diplomas/certificates.
11. Enforced cancellation of duplicates of
degrees/diplomas/certificates.
12. Enforced cancellation of assessment results of
education accreditation results.
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14. Enforced transfer of learners to licensed or
registered locations.
15. Enforced provision or arrangement of
lecturers/teachers to provide adequate teaching periods or learning volume.
16. Enforced organization or re-organization of
dissertation/thesis defense as prescribed.
17. Enforced satisfaction of safety requirements
regarding school and classroom facilities.
18. Enforced cancellation of disciplinary decisions
and restoration of learners’ right to learn.
19. Enforced return of amounts improperly paid to
state budget.
20. Enforced disclosure of information as
prescribed.
21. Enforced issuance of public apology to persons
whose honor or dignity is harmed or who are bodily harmed, unless otherwise
demanded by affected learners or their lawful representatives.
22. Enforced return of improperly paid amounts of
donations.
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ADMINISTRATIVE VIOLATIONS, PENALTIES, FINES AND
REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON
ESTABLISHMENT, LICENSING FOR ESTABLISHMENT; MERGER, SPLIT-OFF, SLIT-UP,
DISSOLUTION OF EDUCATIONAL INSTITUTIONS OR EDUCATIONAL SERVICE PROVIDERS;
CONVERSION OF TYPES OF EDUCATIONAL INSTITUTIONS
Article 5. Violations against regulations on
establishment, licensing for establishment; merger, split-off, slit-up,
dissolution of educational institutions or educational service providers;
conversion of types of educational institutions
1. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for deliberately erasing, altering or falsifying
one of the following documents:
a) Establishment decision, decision on
establishment licensing; decision on merger, split-off, slit-up, dissolution or
conversion of types of an educational institution;
b) Establishment decision, decision on
establishment licensing; decision on merger, split-off, slit-up, or dissolution
of an education accreditation organization.
2. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for establishing or licensing establishment or
dissolution of an educational service provider before obtaining permission from
a competent authority.
3. The following fines shall be imposed for
establishing or licensing establishment, merger, split-off, slit-up,
dissolution or conversion of types of an educational institution before
obtaining permission from a competent authority:
a) A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed if the violation involves a daycare group or
independent kindergarten class;
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c) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if the violation involves a general education
institution or continuing education institution;
d) A fine ranging from VND 40.000.000 to VND 60.000.000
shall be imposed if the violation involves a professional secondary school
providing teacher training programs;
dd) [6]
A fine ranging from VND 60.000.000 to VND 90.000.000 shall be imposed if the
violation involves a college providing teacher training programs;
e) [7]
A fine ranging from VND 100.000.000 to VND 130.000.000 shall be imposed if the
violation involves a higher education institution.
4. Additional penalties:
a) The exhibit, which is the erased, altered or
falsified establishment decision, decision on establishment licensing, decision
on merger, split-off, slit-up, dissolution or conversion of types of an
educational institution, establishment decision, decision on establishment licensing,
or decision on merger, split-off, slit-up, or dissolution of an education
accreditation organization, of the violation in Clause 1 of this Article shall
be confiscated;
b) Foreigners who commit the violation in Clause 3
of this Article shall be deported from Vietnam.
5. Remedial measures: The entity committing any of
the violations in Clauses 1, 2 and 3 of this Article is compelled to transfer
matriculated learners to other eligible educational institutions or cancel
matriculation decisions and return collected amounts to learners in case of
failed transfer.
Article 6. Violations against regulations on
licensing for educational activities, registration of vocational education and
training activities, registration or recognition of educational services
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a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves an early childhood
education institution;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves a general education
institution, continuing education institution or educational service provider;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves a professional secondary
school or college providing teacher training programs;
d) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the violation involves a higher education
institution, academy or institute providing doctoral training programs.
2. The following fines shall be imposed for
organizing educational activities or providing educational services at
locations other than the licensed, registered or recognized ones:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves an early childhood
education institution;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves a general education
institution, continuing education institution or educational service provider;
c) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if the violation involves a professional secondary
school or college providing teacher training programs;
d) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if the violation involves a higher education
institution, academy or institute providing doctoral training programs.
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4. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for performing fraudulent acts for obtaining
permission for educational activities; registration of vocational education and
training activities, registration or recognition of educational services.
5. The following fines shall be imposed for
organizing educational activities or providing educational services before
obtaining licensing decision, certificate of registration, or decision on
recognition of educational services:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves an early childhood
education institution;
b) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if the violation involves a general education
institution, continuing education institution or educational service provider;
c) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if the violation involves a professional secondary
school providing teacher training programs;
d) [8]
A fine ranging from VND 60.000.000 to VND 90.000.000 shall be imposed if the
violation involves a college providing teacher training programs;
dd) [9]
A fine ranging from VND 110.000.000 to VND 150.000.000 shall be imposed if the
violation involves a higher education institution, academy or institute
providing doctoral training programs.
6. Additional penalties:
a) Educational activities or educational services
shall be suspended for a fixed period of 06 – 12 months in case of commission
of the violation in Clause 1 of this Article;
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c) Foreigners who commit any of the violations
prescribed in Clauses 3, 4 and 5 of this Article shall be deported from Vietnam.
7. Remedial measures:
a) The entity committing the violation in Clause 2
of this Article is compelled to transfer learners to its licensed or registered
locations;
b) The entity committing any of the violations in
Clauses 1, 3, 4 and 5 of this Article is compelled to transfer matriculated
learners to other eligible educational institutions or cancel matriculation
decisions and return collected amounts to learners in case of failed transfer;
c) Enforced return and proposed revocation of
decision on licensing for educational activities or certificate of registration
of vocational education and training activities; certificate of registration or
licensing decision or decision on recognition of educational services in case
of commission of the violation in Clause 4 of this Article.
Article 7. Violations against regulations on
organization and management of educational institutions
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
a) Failing to publicly disclose adequate
information according to regulations on information disclosure by education and
training institutions of the national education system and other relevant
legislative documents;
b) Improperly or partially implementing regulations
on reporting;
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d) Using name or locating the headquarters in a
place other than the name or place specified in the establishment decision or
decision on licensing for establishment;
dd) Failing to perform or improperly performing
accountability according to prevailing regulations.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for commission of one of the following violations:
a) [10]
Failing to promulgate or implement adequate documents within the jurisdiction
of educational institutions as prescribed by law;
b) Failing to publicly disclose accurate
information according to prevailing regulations;
c) Failing to publicly disclose information
according to prevailing regulations;
d) Failing to implement prevailing regulations on
reporting;
dd) Failing to send notices/decisions issued by the
higher education institution to the Ministry of Education and Training of
Vietnam according to prevailing regulations.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for promulgating documents ultra vires or those
containing unlawful contents.
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5. Remedial measures:
a) The entity committing the violation in Point a
Clause 1 or Point c Clause 2 of this Article is compelled to make information
disclosure as prescribed;
b) The entity committing the violation in Point b
Clause 2 of this Article is compelled to correct false information;
c) The entity committing the violation in Clause 3
of this Article is compelled to invalidate documents promulgated ultra vires or
those containing unlawful information.
Section 2. VIOLATIONS AGAINST REGULATIONS ON
ENROLMENT
Article 8. Violations against regulations on
organization of enrolment activities
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
a) Issuing or publicly disclosing an enrolment
announcement or enrolment scheme which does not contain correct and accurate
information as prescribed;
b) Failing to announce enrolment for a period
prescribed by law.
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a) Announcing total enrolment in excess of the one
determined according to regulations on determination of total enrolment;
b) Failing to comply with enrolment procedures laid
down in prevailing regulations.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for commission of one of the following violations:
a) Failing to disclose the cut-off marks of
training disciplines for which the cut-off mark is a requirement;
b) Carrying out enrolment against the announced
enrolment scheme.
4. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for foreign training disciplines/majors or programs
before obtaining permission.
5. Additional penalties: Foreigners who commit the
violation in Clause 4 of this Article shall be deported from Vietnam.
6. Remedial measures: The entity committing the
violation in Clause 4 of this Article is compelled to transfer matriculated
learners to other eligible educational institutions or cancel matriculation
decisions and return collected amounts to learners in case of failed transfer.
Article 9. Violations against regulations on
eligible candidates
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a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed if the violation involves fewer than 10 learners;
b) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed if the violation involves 10 - 30 learners;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves 30 learners or more.
2. The following fines shall be imposed for
admitting unqualified learners for college-level [11] teacher training programs:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves fewer than 10 learners;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves 10 - 30 learners;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves 30 learners or more.
3. The following fines shall be imposed for
admitting learners who fail to meet eligibility requirements laid down in
enrolment regulations at higher education level:
a) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed if the violation involves fewer than 10 learners;
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c) [12]
A fine ranging from VND 110.000.000 to VND
150.000.000 shall be imposed if the violation involves 30 learners or more.
4. The following fines shall be imposed for
admitting learners who fail to meet eligibility requirements laid down in enrolment
regulations for master or doctoral training programs:
a) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if the violation involves fewer than 05 learners;
b) A fine ranging from VND 40.000.000 to VND
70.000.000 shall be imposed if the violation involves 05 - 10 learners;
c) [13]
A fine ranging from VND 110.000.000 to VND
150.000.000 shall be imposed if the violation involves 10 learners or more.
5. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for providing false information or altering
documents included in the admission application in order to be enrolled, if not
liable to criminal prosecution.
6. Additional penalties: Enrolment activities of
the entity committing the violation in Point c Clause 3 or Point c Clause 4 of
this Article shall be suspended for a fixed period of 06 - 12 months.
7. Remedial measures:
a) The entity committing any of the violations in
Clause 1, 2, 3 and 4 of this Article is compelled to cancel the matriculation
decision; return collected amounts to learners and incur all return fees if
both the violating entity and learners are at fault;
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c) Enforced return and proposed revocation of
matriculation decision in case of commission of the violation in Clause 5 of
this Article.
Article 10. Violations against regulations on
total enrolment
1. The following fines shall be imposed for
enrolling a number of learners at upper secondary education level in excess of
total enrolment as prescribed:
a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;
b) A fine ranging from VND 3.000.000 to VND
6.000.000 shall be imposed if 10% - 15% of total enrollment is exceeded;
c) A fine ranging from VND 6.000.000 to VND
10.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;
d) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.
2. The following fines shall be imposed for
enrolling a number of learners for college- or intermediate-level teacher
training programs in excess of total enrolment determined according to
regulations on determination of total enrolment:
a) A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;
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c) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;
d) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.
3. The following fines shall be imposed for
enrolling a number of learners at higher education level in excess of total
enrolment determined according to regulations on determination of total
enrolment:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;
b) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed if 10% - 15% of total enrollment is exceeded;
c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;
d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.
4. The following fines shall be imposed for
enrolling a number of learners for master or doctoral training programs in
excess of total enrolment determined according to regulations on determination
of total enrolment:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;
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c) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;
d) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.
5. Remedial measures: The entity committing any of
the violations in Clauses 1, 2, 3 and 4 of this Article is compelled to reduce
number of learners to be enrolled in the following year by at least the excess
percentage of total enrolment.
Section 3. VIOLATIONS AGAINST REGULATIONS ON
TRAINING CONTENTS/PROGRAMS, BRIDGE PROGRAMS AND JOINT TRAINING
Article 11. Violations against regulations on
training volume, contents and programs
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for failing to prepare adequate documents and
records as prescribed or failing to use provided teaching equipment as
prescribed.
2. A warning or the following fines shall be
imposed for failing to provide adequate teaching periods or learning volume of
each of the subjects or modules included in an educational program:
a) A warning shall be imposed if the violation
involves fewer than 05 teaching periods;
b) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed if the violation involves 05 - 10 teaching periods;
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d) A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed if the violation involves 15 teaching periods or
more.
3. A warning or the following fines shall be
imposed for failing to arrange teachers/lecturers for delivering adequate
teaching periods or learning volume of an educational program:
a) A warning shall be imposed if the violation
involves fewer than 05 teaching periods;
b) A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed if the violation involves 05 – 10 teaching periods;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves 10 – 15 teaching periods;
d) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves 15 teaching periods or
more.
4. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failing to organize dissertation/thesis defense
as prescribed in the educational program.
5. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for commission of one of the following violations:
a) Organizing assessment of master’s thesis or
doctoral dissertation for learners who have not yet completed their training
programs as prescribed;
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6. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for formulating higher education programs of
different levels against prevailing regulations.
7. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to ensure training or educational
duration or training mode [14].
8. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for providing a foreign educational program other
than the one specified in the approved application.
9. Additional penalties: Educational activities
shall be suspended for a fixed period of 06 – 12 months in case of commission
of the violation in Clause 7 or Clause 8 of this Article.
10. Remedial measures:
a) The entity committing the violation in Clause 2
or Clause 3 of this Article is compelled to provide or arrange
lecturers/teachers to provide adequate teaching periods or learning volume;
b) The entity committing the violation in Clause 4
of this Article is compelled to organize dissertation/thesis defense as prescribed;
c) The entity committing the violation in Point b
Clause 5 of this Article is compelled to re-organize dissertation/thesis
defense as prescribed;
d) The entity committing any of the violations in
Clause 7 or Clause 8 of this Article is compelled to transfer matriculated
learners to other eligible educational institutions or cancel matriculation
decisions and return collected amounts to learners in case of failed transfer.
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1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for exercising the autonomy in opening training
disciplines[16]
against procedures laid down in prevailing regulations.
2. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for commission of one of the following violations:
a) Failing to satisfy one of the eligibility
requirements to open a training discipline[17] when exercising the autonomy in
opening that discipline[18];
b) Performing fraudulent acts for obtaining
permission to open a training discipline[19];
c) Failing to maintain the satisfaction of one of
eligibility requirements to open training disciplines[20] according to prevailing regulations.
3. Additional penalties: Educational activities
regarding the violating disciplines[21]
shall be suspended for a fixed period of 06- 12 months in case of commission of
the violation in Point c Clause 2 of this Article.
4. Remedial measures:
a) The entity committing the violation in Clause 2
of this Article is compelled to transfer matriculated learners to other eligible
educational institutions or cancel matriculation decisions and return collected
amounts to learners in case of failed transfer;
b) Enforced return and proposed revocation of the
decision to give permission for opening training disciplines[22] in case of commission of the violation
in Point b Clause 2 of this Article.
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1. The following fines shall be imposed for
violations against regulations on bridge programs:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to submit reports to the Ministry of
Education and Training of Vietnam; failing to publicly disclose or disclosing
inadequate information about bridge programs on the website of the higher
education institution according to prevailing regulations;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for exercising the autonomy in providing bridge
programs without satisfying eligibility requirements as prescribed.
2. The following fines shall be imposed for
violations against regulations on joint training:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for concluding a joint training contract which does
not contain adequate information about application fees, tuition fees and
responsibilities of contractual parties according to prevailing regulations;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing a violation involving
responsibilities of parties of the joint training contract;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for granting full-time degrees to students of joint
training programs;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for providing joint training programs in
collaboration with ineligible partners;
dd) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for providing joint training programs before
obtaining written permission from a competent authority or exercising the
autonomy in providing joint training programs without satisfying eligibility
requirements as prescribed by law.
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4. Remedial measures:
a) The entity committing the violation in Point b
Clause 1 or Point dd Clause 2 of this Article is compelled to transfer
matriculated learners to other eligible educational institutions or cancel
matriculation decisions and return collected amounts to learners in case of
failed transfer;
b) The entity committing the violation in Point c
or d Clause 2 of this Article is compelled to transfer learners to its licensed
locations.
Section 4. VIOLATIONS AGAINST REGULATIONS ON
EXAMINATION, TEST AND ASSESSMENT OF LEARNERS’ PERFORMANCE
Article 14. Violations against regulations on
examination
1. A fine ranging from VND 6.000.000 to VND
8.000.000 shall be imposed for disrupting or threatening to use violence to
obstruct candidates and organizers, inspectors, supervisors, examiners and
supporting staff of an exam.
2. A fine ranging from VND 8.000.000 to VND
12.000.000 shall be imposed for disclosing false information about an exam.
3. The following fines shall be imposed for
violations against regulations on examination:
a) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for entering the area where an exam is organized or
marking activities are performed without permission; bringing documents,
information carriers, or tools/equipment which are not allowed/prohibited to
the exam room or marking area;
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c) A fine ranging from VND 6.000.000 to VND
8.000.000 shall be imposed for unlawfully changing the contents of exam papers
or the given grades, if not liable to criminal prosecution;
d) A fine ranging from VND 8.000.000 to VND
12.000.000 shall be imposed for swapping exam papers, if not liable to criminal
prosecution;
dd) A fine ranging from VND 12.000.000 to VND
14.000.000 shall be imposed for organizing marking of exam papers against
regulations, if not liable to criminal prosecution;
e) A fine ranging from VND 14.000.000 to VND
16.000.000 shall be imposed for knowingly personating another person or having
another person personate at an exam.
4. A fine ranging from VND 13.000.000 to VND
15.000.000 shall be imposed for losing exam papers of candidates.
5. Remedial measures:
a) The entity committing the violation in Clause 2
of this Article is compelled to correct false information;
b) The entity committing the violation in Point c
Clause 3 of this Article is compelled to restore the initial state which has
been altered due to the violation;
c) The entity committing the violation in Point c,
d or dd Clause 3, or Clause 4 of this Article is compelled to ensure rights and
benefits of candidates.
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1. A fine ranging from VND 2.000.000 to VND
15.000.000 shall be imposed for organizing tests or assessment of learners’
performance against prevailing regulations.
2. Remedial measures: The entity committing the
violation in Clause 1 of this Article is compelled to hold another test or
re-assess learners’ performance.
Section 5. VIOLATIONS AGAINST REGULATIONS ON
OVERSEAS EDUCATION CONSULTING; INTERNATIONAL COOPERATION AND FOREIGN INVESTMENT
IN EDUCATION
Article 16. Violations against regulations on
overseas education consulting
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
a) Failing to publicly disclose information about
the foreign educational institution or quality accreditation or recognition of
that foreign educational institution or its educational programs to persons who
want to study abroad;
b) Publicly disclosing false information about the
overseas education consulting service provider or the foreign educational
institution or quality accreditation or recognition of that foreign educational
institution or its educational programs to persons who want to study abroad;
c) Failing to implement prevailing regulations on
reporting.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for leasing or letting others borrow the
certificate of registration of overseas education consulting services.
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a) Providing consulting services or sending
students to educational institutions in foreign countries for attending higher
education, master or doctoral programs which have not yet been accredited or
recognized in such countries;
b) Providing consulting services or sending
students to educational institutions in foreign countries before entering into
contracts with such institutions;
c) Failing to enter into overseas education
consulting service contracts with students who want to study abroad, or their
parents or lawful guardians;
d) Failing to perform or partially performing
responsibilities and obligations of the overseas education consulting service
provider towards students who have used its services and are studying abroad.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for continuing providing overseas education
consulting services during the suspension period of overseas education
consulting services.
5. Additional penalties: Overseas education
consulting services shall be suspended for a fixed period of 03 – 06 months in
case of commission of the violation in Point b Clause 1, Clause 2 or Clause 3
of this Article.
6. Remedial measures:
a) The entity committing the violation in Point b
Clause 1 of this Article is compelled to correct false information;
b) The violating entity is compelled to return all
profits illegally obtained from the violation in Clause 2 of this Article;
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Article 17. Violations against regulations on
operation of representative offices of foreign educational institutions in
Vietnam
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for continuing operations after the validity period
specified in the license to establish representative office in Vietnam has
expired.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for commission of one of the following violations:
a) Performing fraudulent acts for obtaining the
license to establish representative office;
b) Operating against the issued decision on
licensing for establishment of representative office or certificate of
operation registration.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for carrying out operations before obtaining the
license to establish or operate in Vietnam.
4. Additional penalties: Operations of the
representative office of foreign educational institution in Vietnam shall be
suspended for a fixed period of 03 - 06 months in case of commission of the
violation in Point b Clause 2 of this Article.
5. Remedial measures:
a) Enforced return and proposed revocation of the
license to establish representative office in case of commission of the
violation in Point a Clause 2 of this Article;
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Article 18. Violations against regulations on
admission of Vietnamese students to foreign educational programs provided by
foreign-invested early childhood institutions or general education institutions
1. A fine ranging from VND 30.000.000 to VND
60.000.000 shall be imposed for admitting a number of Vietnamese students to a
foreign educational program provided by a foreign-invested early childhood
education institution or general education institution in excess of 50% of
total students of that program.
2. Remedial measures: The entity committing the
violation in Clause 1 of this Article is compelled to transfer matriculated
learners to other eligible educational institutions or cancel matriculation
decisions and return collected amounts to learners in case of failed transfer.
Article 19. Violations against regulations on
joint education and training with foreign partners
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for commission of one of the following violations:
a) Failing to satisfy one of the eligibility
requirements to provide joint education or joint training;
b) Performing fraudulent acts for obtaining a
competent authority’s approval for joint education or joint training.
2. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for providing joint education or joint training
program against the approval given by a competent authority.
3. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for providing joint education or joint training
after the validity period specified in the decision on approval or extension or
modification of joint education or joint training activities has expired.
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a) Providing joint education or joint training
before obtaining a competent authority’s written approval;
b) Exercising the autonomy in providing joint
training programs without satisfying eligibility requirements as prescribed.
5. Additional penalties: Joint education or joint
training programs provided by the entity committing the violation in Clause 1
or Clause 2 of this Article shall be suspended for a fixed period of 06 - 12
months.
6. Remedial measures: The entity committing the
violation in Clause 4 of this Article is compelled to transfer matriculated
learners to other eligible educational institutions or cancel matriculation
decisions and return collected amounts to learners in case of failed transfer.
Article 20. Violations against regulations on
cooperation in organization of examination for issuance of certificates of
foreign language proficiency
1. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for commission of one of the following violations:
a) Failing to satisfy one of the eligibility
requirements to cooperate in organization of examination for issuance of
certificates of foreign language proficiency;
b) Performing fraudulent acts for obtaining a
competent authority’s approval for cooperation in organization of examination
for issuance of certificates of foreign language proficiency.
2. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for cooperating in organization of examination for
issuance of certificates of foreign language proficiency after the validity
period specified in the decision on approval or extension of cooperation has
expired.
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4. Additional penalties:
a) Cooperation activities of the entity committing
the violation in Clause 1 or Clause 2 of this Article shall be suspended for a
fixed period of 06 – 12 months;
b) The proceeds obtained from the violation in
Clause 2 or Clause 3 of this Article shall be confiscated and paid to state
budget in case collected amounts cannot be returned to payers.
5. Remedial measures: The entity committing the
violation in Clause 2 or Clause 3 of this Article is compelled to return
collected amounts and incur all return fees.
Section 6. VIOLATIONS AGAINST REGULATIONS ON
MANAGEMENT, ISSUANCE AND USE OF DEGREES/DIPLOMAS AND CERTIFICATES
Article 21. Violations against regulations on
issuance and management of degrees/diplomas/certificates under management of
Ministry of Education and Training of Vietnam
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
a) Failing to promulgate or promulgating
regulations on management, retention, use and issuance of
degrees/diplomas/certificates which do not have adequate contents as prescribed
by law;
b) Failing to satisfy requirements regarding
material facilities, fire and explosion prevention and control equipment for
keeping degrees/diplomas/certificates and relevant documents according to
prevailing regulations;
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d) Failing to issue duplicates of
degrees/diplomas/certificates according to prevailing regulations.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for commission of one of the following violations:
a) Failing to issue degrees/diplomas/certificates
or their duplicates within prescribed time limits;
b) Revoking or invalidating
degrees/diplomas/certificates against regulations;
c) Failing to issue or issuing appendices to higher
education degrees/diplomas against prevailing regulations;
d) Failing to prepare or preparing documents on
issuance and management of degrees/diplomas/certificates which do not contain
adequate and accurate information as prescribed by law.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for commission of one of the following violations:
a) Issuing degrees/diplomas/certificates or their
duplicates against regulations, except the violation prescribed in Point a
Clause 2 of this Article;
b) Performing fraudulent acts for being issued with
degrees/diplomas/certificates or their duplicates.
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5. Remedial measures:
a) The entity committing the violation in Point c
Clause 1 of this Article is compelled to invalidate documents containing
unlawful information; invalidate degrees/diplomas/certificates -re-issued
against regulations on contents or issuing authority;
b) The entity committing the violation in Clause 3
of this Article is compelled to invalidate issued degrees/diplomas/certificates
or their duplicates.
Article 22. Violations against regulations on
printing and management of blank degrees/diplomas/certificates under management
of Ministry of Education and Training of Vietnam
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
a) Failing to satisfy requirements regarding
material facilities, fire and explosion prevention and control equipment for
printing and keeping blank degrees/diplomas/certificates according to
prevailing regulations;
b) Failing to prepare or preparing documents on
printing, issuance, use, revocation and cancellation of blank
degrees/diplomas/certificates which do not contain adequate and accurate
information as prescribed by law;
c) Failing to regulate the assignment of
codes/signs used to identify blank degrees/diplomas/certificates for the
purposes of security, identification and prevention of forgery of blank
degrees/diplomas/certificates;
d) Printing blank degrees/diplomas/certificates
whose contents do not comply with prevailing regulations;
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2. Remedial measures: The entity committing the
violation in Point d Clause 1 of this Article is compelled to destroy blank
degrees/diplomas/certificates whose contents do not comply with prevailing
regulations.
Article 23. Violations against regulations on
use and disclosure of information on issuance of degrees/diplomas/certificates
under management of Ministry of Education and Training of Vietnam
1. A fine ranging from VND 5,000,000 to VND
10.000.000 shall be imposed for commission of one of the following violations:
a) Using degrees/diplomas/certificates of others;
b) Letting others use one’s
degrees/diplomas/certificates;
c) Using degrees/diplomas/certificates which have
been erased, altered or falsified.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
a) Disclosing inadequate information on issuance of
degrees/diplomas/certificates on the issuer’s website;
b) Disclosing inaccurate information on issuance of
degrees/diplomas/certificates on the issuer’s website;
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4. Additional penalties: The exhibits, which are
erased, altered or falsified degrees/diplomas/certificates, of the violation in
Point c Clause 1 of this Article shall be confiscated.
5. Remedial measures:
a) The entity committing the violation in Point a
Clause 2 or Clause 3 of this Article is compelled to make information
disclosure as prescribed;
b) The entity committing the violation in Point b
Clause 2 of this Article is compelled to correct false information.
Section 7. VIOLATIONS AGAINST REGULATIONS ON
TEACHERS AND LEARNERS
Article 24. Violations against regulations on
employment of teachers
1. The following fines shall be imposed for
employing unqualified teachers:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves an early childhood
education institution, general education institution or continuing education
institution;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves a professional secondary
school or college providing teacher training programs;
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2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for employing teachers who fail to meet professional
qualification or foreign language proficiency requirements to provide joint
education or joint training programs with foreign partners, to teach at
foreign-invested educational institutions, or to carry out cooperation in
examination for issuance of certificates of foreign language proficiency.
Article 25. Violations against regulations on
full-time teachers and lecturers of educational institutions
The following fines shall be imposed for failing to
ensure the prescribed ratio of full-time teachers/lecturers to total
teachers/lecturers of educational institutions:
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves a public general
education institution granted the autonomy in its organizational structure or a
private general education institution.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves a professional secondary
school or college providing teacher training programs.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves a higher education
institution, academy or institute providing doctoral training programs.
Article 26. Harming honor or dignity, or bodily
harming teachers and managers of educational institutions; violations against
regulations and policies for teachers
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for harming honor or dignity, or bodily harming
teachers/managers of educational institutions, if not liable to criminal
prosecution.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing violations against policies for
teachers.
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Article 27. Violations against regulations on
management of learner profiles
1. A fine ranging from VND 5.000.000 to VND 10.000.000
shall be imposed for commission of one of the following violations:
a) Letting others alter documents related to
assessment of learners’ performance;
b) Preparing learner profiles against prevailing
regulations;
c) Committing a violation against regulations on
retention and management of learner profiles.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for receiving and keeping documents of learners
against prevailing regulations.
3. Remedial measures:
a) The entity committing the violation in Point a
Clause 1 of this Article is compelled to restore the initial state which has
been altered due to the violation;
b) The entity committing the violation in Clause 2
of this Article is compelled to return documents to learners as prescribed.
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1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for commission of one of the following violations:
a) Taking disciplinary actions against learners
against prevailing regulations;
b) Harming honor or dignity or bodily harming
learners, if not liable to criminal prosecution.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing violations against policies for
learners.
3. Remedial measures:
a) The entity committing the violation in Point a
Clause 1 of this Article is compelled to cancel disciplinary decisions and
restore learners’ right to learn;
b) The entity committing the violation in Point b
Clause 1 of this Article is compelled to issue public apology to learners whose
honor or dignity is harmed or who are bodily harmed, unless otherwise demanded
by affected learners or their lawful representatives.
Article 29. Violations against regulations on
universal access to education
1. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for inciting others to refuse or quit universal
access to education programs at different levels.
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Section 8. VIOLATIONS AGAINST REGULATIONS ON
MATERIALS FACILITIES, EQUIPMENT, FINANCE AND QUALITY ASSURANCE CONDITIONS
Article 30. Violations against regulations on
purchase, receipt and use of textbooks, syllabi, teaching materials and
equipment
1. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for purchasing, receiving or using textbooks,
syllabi, teaching materials and equipment whose contents cause harm to the
national defense or security, sovereignty over national borders, territorial
seas and islands, community benefits, or international peace and security;
distort the State guidelines, policies and regulations, or fight against the
Government of the Socialist Republic of Vietnam; weaken or destroy the great
national unity or distort history; provoke or advocate a war of aggression;
adversely influence cultural and moral values as well as fine traditions and
customs; distribute or disseminate superstitious or unlawful religious
activities, unsound customs or social evils, if not liable to criminal
prosecution.
2. Remedial measures: The entity committing the
violation in Clause 1 of this Article is compelled to destroy textbooks,
syllabi, teaching materials and equipment.
Article 31. Violations against regulations on
mobilization of donations by educational institutions
1. The following fines shall be imposed for
violations against regulations on mobilization of donations by educational
institutions:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing violations against regulations on
mobilization and receipt of donations;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing violations against regulations on
management and use of donations.
2. Remedial measures: The entity committing the
violation in Point b Clause 1 of this Article is compelled to return improperly
paid amounts of donations.
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1. Penalties for violations
against regulations on expenditures of which payment is controlled by the State
Treasury shall be imposed in accordance with the Government’s regulations on
penalties for administrative violations in the fields of management and use of
public property; thrift practice and waste combat; national reserves; state
treasury.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for commission of one of the
following violations:
a) Receiving payments against
regulations of competent authorities;
b) Making payments against
regulations of competent authorities in respect of payments which are not
covered by state budget.
3. Additional penalties: The
proceeds obtained from the violation in Point a Clause 2 of this Article shall
be confiscated and paid to state budget in case collected amounts cannot be
returned to payers.
4. Remedial measures:
a) The entity committing the
violation in Point a Clause 2 of this Article is compelled to return collected
amounts and incur all return fees;
b) The entity committing the violation
in Point b Clause 2 of this Article is compelled to return improperly paid
amounts to state budget.
Article 33. Violations against regulations on
quality or safety assurance conditions regarding material facilities of schools
and classrooms
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2. The following fines shall be imposed for failing
to maintain the prescribed student-teacher ratio or floor space per student
ratio:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon an educational institution whose prescribed
student-teacher ratio is exceeded by 50% - 100% or that only achieves 50% - 90%
of the prescribed floor space per student ratio;
b) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed upon an educational institution whose prescribed
student-teacher ratio is exceeded by 100%, or more, or that only achieves less
than 50% of the prescribed floor space per student ratio.
3. Additional penalties: Enrolment by the entity
committing the violation in Point b Clause 2 of this Article shall be suspended
for a fixed period of 12 - 24 months.
4. Remedial measures: The entity committing the
violation in Clause 1 of this Article is compelled to satisfy safety assurance
conditions regarding facilities of schools and classrooms.
Article 34. Violations against regulations on
education quality accreditation
1. The following fines shall be imposed upon an
educational institution for committing violations against regulations on
quality assessment of educational institutions and educational programs:
a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for conducting internal assessment of quality of
the educational institution or its training programs against procedures and
regulations;
b) A fine ranging from VND 15.000.000 to VND 20.000.000
shall be imposed for providing false information about quality assessment
results of the educational institution or its educational programs.
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a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to disclose or disclosing inadequate or
inaccurate information on the website of the education accreditation
organization according to prevailing regulations;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for establishing an external assessment team
against prevailing regulations;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for conducting external assessment of the
educational institution or its educational programs against procedures and
regulations;
d) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for recognizing assessment results and issuing
certificate of conformity with education accreditation standards without
satisfying requirements laid down in prevailing regulations.
3. Additional penalties: Education accreditation
activities shall be suspended for a fixed period of 12- 24 months in case of
commission of the violation in Point d Clause 2 of this Article.
4. Remedial measures:
a) The entity committing the violation in Point a
Clause 2 of this Article is compelled to publicly disclose information as
prescribed or correct false information;
b) Assessment results or education accreditation
results shall be invalidated in case of commission of the violation in Point b
or d Clause 2 of this Article;
c) The entity committing the violation in Point b
or d Clause 2 of this Article is compelled to return collected amounts and
incur all return fees.
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POWER TO RECORD AND IMPOSE PENALTIES FOR
ADMINISTRATIVE VIOLATIONS
Article 35. Power to make records and impose
penalties for violations against regulations on education
1. The following officers shall have the power to
record administrative violations prescribed in this Decree:
a) The officers that have the power to impose
administrative penalties mentioned in Articles 36, 37 and 38 of this Decree;
b) Officials of district-level Departments of
Education and Training, provincial Departments of Education and Training;
on-duty full-time officials in charge of educational management of Ministries
and ministerial agencies;
c) [25]
Persons of the People’s Public Security forces who are performing their tasks
in education field.
2. The penalties imposed by the title holders
prescribed in Articles 36, 37 and 38 of this Decree are incurred by violating
organizations; a title holder shall have the right to impose a fine which is
half of that incurred by an organization upon an individual for committing the
same administrative violation.
Article 36. Power to impose penalties of
Chairpersons of People’s Committees at all levels
1. Chairpersons of People’s Committees of communes,
wards or commune-level towns (hereinafter referred to as “commune-level")
shall have the power to:
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b) Impose a fine up to VND 10.000.000;
c) [26]
Confiscate the exhibits and instrumentalities for committing violations worth
up to VND 20.000.000;
d) Impose the remedial measures specified in Point
a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.
2. Chairpersons of People’s Committees of
urban/rural districts, district-level towns and provincial cities (hereinafter
referred to as “district-level") shall have the power to:
a) Issue warning;
b) [27]
Impose a fine up to VND 75.000.000;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) [28]
Confiscate the exhibits and instrumentalities for committing administrative
violations worth up to VND 150.000.000;
dd) Impose the remedial measures specified in
Article 4 of this Decree.
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a) Issue warning;
b) [29]
Impose a fine up to VND 150.000.000;
c) Suspend licenses/practicing certificates or operations
for a fixed period;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Article 4 of this Decree.
Article 37. Power to impose penalties of
inspectors in education field
1. On-duty inspectors in education field shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000;
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d) Impose the remedial measures specified in Point
a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.
2. Chief Inspectors of education authorities
affiliated to provincial-level People's Committees, and heads of specialized
inspection teams established by Provincial
Departments of Education and Training[31] shall have the
power to:
a) Issue warning;
b)[32]
Impose a fine up to VND 75.000.000;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) [33]
Confiscate the exhibits and instrumentalities for committing administrative
violations worth up to VND 150.000.000;
dd) Impose the remedial measures specified in
Article 4 of this Decree.
3. Heads of specialized inspection teams established by the Ministry of Education and Training
of Vietnam[34]
shall have the power to:
a) Issue warning;
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c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) [36]
Confiscate the exhibits and instrumentalities for committing administrative violations
worth up to VND 210.000.000;
dd) Impose the remedial measures specified in
Article 4 of this Decree.
4. The Chief Inspector of the Ministry of Education
and Training of Vietnam shall have the power to:
a) Issue warning;
b) [37]
Impose a fine up to VND 150.000.000;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Article 4 of this Decree.
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1. Heads of provincial-level
internal political security divisions shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Suspend licenses/practicing
certificates or operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND
50.000.000;
dd) Impose the remedial measures
specified in Article 4 of this Decree, except those specified in Point e Clause
1 Article 28 of the Law on Penalties for Administrative Violations.
2. Directors of Provincial-level
Police Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000;
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d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Issue deportation decisions;
e) Impose the remedial measures specified
in Article 4 of this Decree, except those specified in Point e Clause 1 Article
28 of the Law on Penalties for Administrative Violations.
3. Director of Immigration
Department, Director of Internal Political Security Department shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND
150.000.000;
c) Suspend licenses/practicing
certificates or operations for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations;
dd) Issue deportation decisions;
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Article 39. Determination of
power to impose penalties [39]
1. Power to impose administrative
penalties of Chairpersons of people’s committees at all levels:
a) Chairpersons of commune-level
people’s committees shall have the power to impose penalties for the
administrative violations prescribed in Clause 1 Article 11, Point a Clause 3
Article 14, Point a Clause 1 Article 24, Clause 1 Article 25, Clause 1 Article
27, Article 29, Point a Clause 1 Article 31 of this Decree;
b) Chairpersons of district-level
people’s committees shall have the power to impose penalties for the
administrative violations prescribed in Clauses
1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1
and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9;
Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13,
14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20;
Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33;
Clause 1 and Points a, b, c Clause 2 Article 34; the administrative
violations prescribed in Points a, b, c, d
Clause 3 Article 5 and Clauses 3, 4, Points a, b and c Clause 5 Article 6,
Clause 4 Article 8 of this Decree, unless the violating entities are
foreigners;
c) Chairpersons of provincial-level
people’s committees shall have the power to impose penalties for the
administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1
and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Article 9, Article
10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative violations
prescribed in Clause 3 Article 5, and Clauses 3, 4 and 5 Article 6, Clause 4
Article 8 of this Decree, unless the violating entities are foreigners.
2. Power to impose administrative
penalties of inspectors:
a) Chief Inspectors of education
authorities affiliated to provincial-level People's Committees, and heads of
specialized inspection teams established by Provincial Departments of Education
and Training shall have the power to impose
penalties for the administrative violations prescribed in Clauses 1 and 2
Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and 2,
Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses
1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13, 14, 15,
16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20; Sections 6
and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33; Clause 1
and Points a, b, c Clause 2 Article 34; the administrative violations
prescribed in Points a, b, c, d Clause 3 Article 5 and Clauses 3, 4, Points a,
b and c Clause 5 Article 6, Clause 4 Article 8 of this Decree, unless the
violating entities are foreigners;
b) Heads of specialized inspection
teams established by the Ministry of Education and Training of Vietnam shall have the power to impose penalties for the
administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1
and 2 Article 6, Article 7; Clauses 1, 2, 3, 4 Article 8; Clauses 1 and 2,
Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Article
10 and Sections 3, 4 Chapter II; Articles 16, 17, 18; Clauses 1, 2 and 3
Article 19; Clauses 1 and 2 Article 20; Sections 6, 7 and 8 Chapter II; the
administrative violations prescribed in Points a, b, c, d, dd Clause 3 Article
5 and Clauses 3, 4, Points a, b, c, d Clause 5 Article 6, Clause 4 Article 8 of
this Article, unless the violating entities are foreigners;
c) The Chief Inspector of the
Ministry of Education and Training of Vietnam shall have the power to impose
penalties for the administrative violations prescribed in Clauses 1 and 2
Article 5, Clauses 1 and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8;
Article 9, Article 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative
violations prescribed in Clause 3 Article 5, and Clauses 3, 4 and 5 Article 6,
Clause 4 Article 8 of this Decree, unless the violating entities are
foreigners.
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a) Heads
of provincial-level internal political security divisions shall have the power
to impose penalties for the administrative violations prescribed in Clauses 1
and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and
2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9;
Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13,
14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20;
Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33;
Clause 1 and Points a, b, c Clause 2 Article 34; the administrative violations
prescribed in Points a, b, c, d Clause 3 Article 5 and Clauses 3, 4, Points a,
b and c Clause 5 Article 6, Clause 4 Article 8 of this Decree, unless the
violating entities are foreigners;
b) Directors of provincial-level
police departments shall have the power to impose penalties for the
administrative violations prescribed in Points a, b, c and d Clause 3 Article
5; Clauses 3, 4 and Points a, b, c Clause 5 Article 6; Clause 4 Article 8 of
this Decree;
c) Director of the Immigration
Department shall have the power to impose penalties for the administrative
violations prescribed in Clause 3 Article 5, and Clauses 3, 4 and 5 Article 6,
Clause 4 Article 8 of this Decree;
d) Director of the
Internal Political Security Department shall have the power to impose penalties
for the administrative violations prescribed in Clauses 1 and 2 Article 5,
Clauses 1 and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Articles 9,
10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative violations prescribed
in Clause 3 Article 5, and Clauses 3, 4, 5 Article 6, Clause 4 Article 8 of
this Decree, unless the violating entities are foreigners.
Chapter IV
IMPLEMENTATION[40]
Article 40. Transition
1. Penalties for the administrative violations in
education field which have been committed before the effective date of this
Decree but detected afterwards or are put under consideration shall be imposed
in accordance with the Government’s Decree No. 138/2013/ND-CP dated October 22,
2013.
If this Decree does not provide for legal liability
or impose less serious legal liability on such committed violations,
regulations of this Decree shall prevail.
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Article 41. Effect
This Decree comes into force from March 10, 2021,
and supersedes the Government’s Decree No. 138/2013/ND-CP dated October 22,
2013.
Article 42. Implementation responsibility
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of provincial-level People’s Committees
shall organize the implementation of this Decree./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Pham Ngoc Thuong
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[1]
The Government’s Decree No. 127/2021/ND-CP providing amendments to the
Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 prescribing
penalties for administrative violations against regulations on education is promulgated
pursuant to:
“The Law on Government
Organization dated June 19, 2015; the Law on amendments to the Law on
Government Organization and the Law on Organization of Local Governments dated
November 22, 2019;
The Law on penalties for
administrative violations dated June 20, 2012, and the Law on amendments to the
Law on penalties for administrative violations dated November 13, 2020;
The Law on Vocational Education
and Training dated November 27, 2014;
The Law on Higher Education
dated June 18, 2012 and the Law on amendments to the Law on Higher Education
dated November 19, 2018;
The Law on Education dated June
14, 2019;
And at the request of the
Minister of Education and Training of Vietnam;”
[2]
This Clause is abrogated according to Clause 1 Article 1 of the Government’s
Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.
[3]
This Point is abrogated according to Point a Clause 1 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
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[5]
This Article is added according to Clause 2 Article 1 of the Government’s
Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.
[6]
This Point is amended according to Point a Clause 3 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[7]
This Point is amended according to Point b Clause 3 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[8]
This Point is amended according to Point a Clause 4 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[9]
This Point is amended according to Point b Clause 4 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[10]
This Point is amended according to Clause 5 Article 1 of the Government’s
Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.
[11]
The phrase “trung cấp,” (“intermediate-“) is
abrogated according to Point a Clause 3 Article 2 of the Government’s
Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.
[12]
This Point is amended according to Point a Clause 6 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[13]
This Point is amended according to Point b Clause 6 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
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[15]
The phrase “chuyên ngành” (“majors”) is abrogated
according to Point c Clause 3 Article 2 of the Government’s Decree No.
127/2021/ND-CP, coming into force from January 01, 2022.
[16]
The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3
Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from
January 01, 2022.
[17]
The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3
Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from
January 01, 2022.
[18]
The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3
Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from
January 01, 2022.
[19]
The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3
Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from
January 01, 2022.
[20]
The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3
Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from
January 01, 2022.
[21]
The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3
Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from
January 01, 2022.
[22]
The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3
Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from
January 01, 2022.
[23]
The phrase “Phạt tiền từ 80.000.000 đồng đến 100.000.000 đồng đối với một trong
các hành vi sau:” (“A fine ranging from VND 80.000.000 to VND 100.000.000 shall
be imposed for commission of one of the following violations:”) is replaced
with the phrase “Phạt tiền từ 80.000.000 đồng đến 110.000.000 đồng đối với một
trong các hành vi sau:” (“A fine ranging from
VND 80.000.000 to VND 110.000.000 shall be imposed for commission of one of the
following violations:”) according to Clause 7 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
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[25]
This Point is amended according to Clause 9 Article 1 of the Government’s Decree
No. 127/2021/ND-CP, coming into force from January 01, 2022.
[26]
This Point is amended according to Point a Clause 10 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[27]
This Point is amended according to Point b Clause 10 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[28]
This Point is amended according to Point c Clause 10 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[29]
This Point is amended according to Point d Clause 10 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[30]
This Point is amended according to Point a Clause 11 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[31]
The phrase “trong lĩnh vực giáo dục cấp Sở” (“in
education field established by provincial Departments”)
is replaced with the phrase “của Sở Giáo dục
và Đào tạo” (“established by Provincial Departments
of Education and Training”) according to Point a Clause 2 Article 2 of
the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[32]
This Point is amended according to Point b Clause 11 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[33]
This Point is amended according to Point c Clause 11 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
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[35]
This Point is amended according to Point d Clause 11 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[36]
This Point is amended according to Point dd Clause 11 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[37]
This Point is amended according to Point e Clause 11 Article 1 of the
Government’s Decree No. 127/2021/ND-CP, coming into force from January 01,
2022.
[38]
This Article is amended according to Clause 12 Article 1 of the Government’s
Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.
[39]
This Article is amended according to Clause 13 Article 1 of the Government’s
Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.
[40]
Articles 3, 4 and 5 of the Government’s Decree No. 127/2021/ND-CP, coming into
force from January 01, 2022, stipulate as follows:
“Article 3. Transition
1. Penalties for the
administrative violations in education field which have been committed before
the effective date of this Decree but detected afterwards or are put under
consideration shall be imposed in accordance with the Government’s Decree No.
04/2021/ND-CP dated January 22, 2021; if this Decree does not provide for legal
liability or impose less serious legal liability on such violations,
regulations of this Decree shall prevail.
2. In case a violating entity
files a complaint against a penalty imposition decision which has been issued
or implemented before the effective date of this Decree, such complaint shall
be settled in accordance with the 2012 Law on Penalties for Administrative
Violations and the Government’s Decree No. 04/2021/ND-CP dated January 22,
2021, and relevant regulations of law.
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This Decree comes into force
from January 01, 2022.
Article 5. Responsibility for implementation
Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of provincial-level People’s Committees
shall organize the implementation of this Decree.”