THE
GOVERNMENT
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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|
No.:
40/2011/ND-CP
|
Ha
Noi, June 08, 2011
|
DECREE
AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE DECREE NO.
49/2005/ND-CP DATED APRIL 11, 2005 OF THE GOVERNMENT STIPULATING THE SANCTION
OF ADMINISTRATIVE VIOLATION IN THE AREA OF EDUCATION.
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government dated December 25, 2001;
Pursuant to the Law on Education
dated June, 14, 2005; the Law amending and supplementing some articles of the
Law on Education dated November 25, 2009;
Pursuant to the Ordinance on
Handling of Administrative Violations dated July 2, 2002; the Ordinance
amending and supplementing a number of articles of the Ordinance on Handling of
Administrative Violations dated April 02, 2008;
Considering the proposal of
the Minister of Education and Training,
DECREE:
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1. Clause
3 of Article 7 is amended and supplemented as follows:
“3. In addition to the form of
sanctions specified in Clauses 1 and 2 of this Article, the individuals and
organizations committing administrative violations in the area of education may
also be subject to one or more remedial measures as follows:
a) Coercively restoring the
initial state that has been changed due to administrative violation as required
by the competent agencies.
b) Coercively suspending or
terminating the activities of teaching and education.
c) Coercively canceling the exam
subject results or remarking of examination papers.
d) Coercively teaching, guiding
practice and additional probation for enough periods and content and curriculum
as prescribed; providing materials and equipment in accordance with the
approved plans.
dd) Coercively canceling the
decision contrary to that of the competent agencies
e) Coercively restorating the
learners’ study interests and guaranteeing the right for person using diplomas
or certificates.
g) Coercively reimbursing the
learners the amount of money collected and bearing all expenses for organizing
the reimbursement due to acts of administrative violation.
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i) Coercively bringing out of
the territory of Vietnam or re-exporting books, materials, educational
equipment imported illegally due to acts of administrative violation.
k) Coercively complementing the
conditions fully to ensure the safety for the learners and teachers.
l) Coercively the training
facility to comply with the notice of that training facility
m) Stopping the implementation
of joint training contract.”
2. Article
8 is amended ans supplemented as follows:
“Article 8. Violating
regulations on establishing educational facility
1. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for the acts of losing the decision of
establishment, 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 the acts of erasement,
correction, modifying or adding contents of purchasing, selling, transferring,
renting, leasing, borrowing or lending the decision of establishment, licenses
or practice certificates in contravention of the law provisions.
3. A fine of between VND
10,000,000 and 100.000.000 shall be imposed for the act of establishing
educational facility illegally based on the specific rate of fine for each
level as follows:
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b) Between VND 20,000,000 and
30,000,000 for the act of establishing the intermediate vocational training
school, constant education centers, foreign language or informatics centers;
c) Between VND 40,000,000 and
60,000,000 for collegial training schools;
d) Between VND 60,000,000 and 100,000,000
for universities;
4. A fine of between 500,000 and
10,000,000 imposed for the acts of organizing educational activities under the
program of preschool, general education, intermediate vocational education,
collegial and under-graduate and post-graduate education, without permission of
the competent agencies or act of giving ultra vires permission at the fine
levels as follows:
a) Between VND 500,000 and
100,000 for preschool education.
b) Between VND 1,000,000 and
2,000,000 for general education.
c) Between VND 3,000,000 and
5,000,000 for intermediate vocational and collegial education.
d) Between VND 5,000,000 and
10,000,000 for under-graduate and post-graduate education
5. Additional sanctioning forms
and remedial measures to be imposed for the acts prescribed in this Article:
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b) Coersively suspending the
educational activities and reimbursing the learners the amount of money collected
and bearing all expenses for organizing the reimbursement for the acts
prescribed in clause 3 and 4 of this Article.”
3.
Supplementing clause 1a and 1b after clause 1 of Article 9 and clause 2, 3 and
4 of Article 9 are amended as follows:
“1a. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for the acts of failing to comply
with the content of the notice concerning the enrolment and training of the
unit.
1b. Fines shall be imposed for
the acts of violation in the joint training at the fine level as follows:
a) Between VND 5, 000,000 and
10.000.000 shall be imposed upon joint training without ensuring the order and
procedures as prescribed.
b) Between VND 10, 000,000 and
20.000.000 shall be imposed for the acts of signing contract with the training
coordination unit not in accordance with the regulations on the joint training.
2. Between VND 10, 000,000 and
20.000.000 shall be imposed for the acts of training and certificate granting
not in accordance with regulations of the law.
3. Between VND 40, 000,000 and
60.000.000 for one of the following violating 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) Coercively reimbursing the
amount of money already collected from learners and bearing all expenses for
organizing the reimbursement for violating acts specified in Clause 1 and
revoking the diplomas or certificates already illegally granted for violations
specified in Clauses 2 and 3 of this Article;
b) Coercively restoring the
learners' study interest, which has been deprived of due to violation acts
specified in Clause 1of this Article under decisions of competent agencies.
c) Coercing the training
facility to comply with the notice for the acts of violation of regulation as
prescribed in clause 1a of this Article; stopping the performance of the joint
training contract for the acts of violation of regulation as prescribed in
clause 1b of this Article”
4. Clause 1
of Article 10 is amended and supplemented as follows:
“1. Caution or fines between VND
200,000 and 3,000,000 shall be imposed for the acts of failing to teach
insufficient periods or failing to arrange for teaching of sufficient period or
knowledge contents (converted into periods) of study subjects as prescribed by
the competent agencies for general education, intermediate vocational
education, collegial, under-graduate and post-graduate education, at the
following fine levels:
a) Caution shall be imposed for
violations committed of 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 committed between 5 and 10 periods
for a class in a school year;
c) A fine of between VND 500,000
and 1000,000 shall be imposed for a violation committed between 11 and 15
periods for a class in a school year;
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dd) A fine of between VND
2,000,000 and 3,000,000 shall be imposed for a violation committed from 21
periods or more for a class in a school year;
5. Article
11 is amended and supplemented as follows:
“Article 11. Violation of
regulations on enrolment subjects, criteria, norms and competence
1. A fine of between VND 500,000
and 1,000,000 shall be imposed for the acts of falsely declaring or joining
hands with others in making false declaration of enrolment files for the
purpose of being enrolled.
2. A fine of between VND
1,000,000 and 20,000,000 shall be imposed for the acts of enrolling the
learners into the preschool and general levels with wrong subjects and or not
in conformity with criterias as prescribed with the following fine levels:
a) Between VND 1,000,000 and
2,000,000 for violations of wrong enrolment from 1 to 5 learners;
b) Between VND 2,000,000 and
3,000,000 for violations of wrong enrolment from 6 to 10 learners;
c) Between VND 3,000,000 and
5,000,000 for violations of wrong enrolment from 11 to 15 learners;
d) Between VND 5,000,000 and
10,000,000 for violations of wrong enrolment from 16 to 50 learners;
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3. Caution or fine of between
VND 3,000,000 and 15,000,000 shall be imposed for acts of enrolling students
for intermediate vocational training in excess of quotas, enrolling wrong
subjects or not in conformity with criteria as prescribed with the following
fine levels:
a) Caution for enrollment in
excess of the assigned enrolment quotas by less than 10%;
b) A fine of between VND
3,.000,000 and 5,000,000 for enrollment in excess of the assigned enrolment
quotas by between 10% and under 10% or enrolling less than 10 learners being
wrong subjects or not in conformity with criteria;
c) A fine of between VND
5,.000,000 and 10,000,000 for enrollment in excess of the assigned enrolment
quotas by between 15% and under 20% or enrolling from 10 to 20 learners being
wrong subjects or not in conformity with criteria;
d) A fine of between VND
10,.000,000 and 15,000,000 for enrollment in excess of the assigned enrolment
quotas by 20% or more or enrolling from 21 learners or more being wrong
subjects or not in conformity with criteria;
4. A fine of between VND
10,000,000 and 80,000,000 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 standard as prescribed
with the following fine levels:
a) Between VND 10,000,000 and
20,000,000 for the acts of enrolling in excess of the assigned enrolment quotas
by between 5% and under 10%;
b) Between VND 20,000,000 and
40,000,000 for the acts of enrolling in excess of the assigned enrolment quotas
by between 10% and under 15% or enrolling less than 10 learners being wrong
subjects or not in conformity with criteria;
c) Between VND 40,000,000 and
60,000,000 for the acts of enrolling in excess of the assigned enrolment quotas
by between 15% and under 20% or enrolling from 10 to 20 learners being wrong
subjects or not in conformity with criteria;
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5. Fines shall be imposed for
acts of enrolling learners for training and granting diplomas of the national
education system not in accordance with the assigned competence with the
following fine levels:
a) Between VND 5,000,000 and
10,000,000 for the acts of announcing the enrolment (in any form) without
permission of the competent agencies;
b) Between VND 20,000,000 and 30,000,000
for acts of receiving files or organizing examinations or consideration for
enrolment, summoning examinees without having been assigned by the competent
agencies.
6. A fine of between VND
5,000,000 and 60.000.000 shall be imposed for the acts of violating the
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
fine 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;
d) Between VND 30,000,000 and
40,000,000 for acts of wrongly enrolling between 16 and 20 learners;
dd) Between VND 40,000,000 and
50,000,000 for acts of wrongly enrolling between 21 and 25 learners;
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7. Additional sanctioning forms
to be imposed for violations prescribed in this Article include:
a) Confiscating material
evidences for violations specified in Clause 1 of this Article;
b) Depriving the right to use
licenses or practice certificates for a definite time for the 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) Coersively cancelling wrong
decisions due to acts specified in Clauses 1, 2, 3, 4 and 5 of this Article;
b) Coersively reimbursing the
amount of money already collected from learners and bearing all expenses for
the reimbursement for acts mentioned in Clauses 2, 3, 4, 5 and 6 of this
Article.”
6. Clause 4
and point c, clause 5 of Article 12 are amended and supplemented as follows:
“4. A fine 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.
c) Marking the entrance or
graduation examination papers not according to model solutions or answers or
marking scales and orders;
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Article 13. Violation of
regulations on assessment of the learners’ study results in general education,
intermediate vocational education and tertiary education establishments.
1. Caution or fine of between
VND 200,000 and 2,000,000 shall be imposed for acts of failing to fully
observing the competent agencies' regulations on marking examination papers,
assessment and classification of study results, thus affecting results of
subjects, semesters or school years of the learners at the following levels:
a) Caution or fine of between
VND 200,000 and 500,000 shall be imposed for violation acts at the general
education establishments;
b) A fine of between VND 500,000
and 1,000,000 for violation acts at the intermediate vocational education
establishments;
c) A fine of between VND
1,000.000 and 2,000,000 for acts of violation at the tertiary education
establishment.
2. Remedial measure to be
imposed for violations prescribed in this Article:
Coersively restoring the result
of examination, assessment or classification of actual study results of the
learners, for violation acts prescribed in Clause 1 of this Article.
8. Clause 2,
3, 4 and 5 of Article 14 are amended and supplemented as follows:
“2. A fine of between VND
1,000.000 and 2,000,000 shall be imposed for the acts of using unlawful
diplomas or certificates.
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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
3,000,000 and 7,000,000 shall be imposed for one of the following acts:
a) Between VND 3,000,000 and
5,000,000 shall be imposed for the acts of destroying or falsifying dossiers or
documents which serve as basis for granting or certifying legality of
certificates
b) Between VND 5,000.000 and
7,000.000 đồng shall be imposed for the acts of making decisions on illegal
grant of certificates;
5. A fine shall be imposed for
the acts of violation of management and grant of diplomas at the following fine
levels:
a) Between VND 7,000,000 and
10,000,000 shall be imposed for the acts of destroying or falsifying dossiers
or documents which serve as basis for granting or certifying legality of
diplomas.
b) Between VND 10,000.000 and
15,000.000 đồng shall be imposed for the acts of making decisions on illegal
grant of diplomas;
9. Clause 1
of Article 15 is amended and supplemented as follows:
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a) Caution or fine of between
VND 500,000 and 1,000,000 for the acts of employing unqualified preschool teachers.
b) A fine between VND 1,000,000
and 2,000,000 for the atcs of employing unqualified general education teachers.
c) A fine of between VND
3,000,000 and 5,000,000 for acts of employing unqualified intermediate
vocational education teachers, unqualified teachers of constant education
centers, foreign language centers or informatics centers;
d) A fine of between VND
5,000,000 and 10,000,000 for the acts of employing unqualified college
teachers;
dd) A fine of between VND
11,000,000 and 15,000,000 for the acts of employing unqualified undergraduate
or postgraduate education teachers.
10.
Supplementing Article 16a after 16 as follows:
“Article 16a. Violating
regulations on the conditions of material facility and assurance for the
activities of teaching and learning in educational facilities
1. Caution or fine of between
5,000,000 and 10,000,000 for the acts of failing to ensure enough conditions of
material facilities and letting accident occur for the learners or teachers at
the following fine levels:
a) Caution shall be imposed for
the acts of failing to ensure enough conditions of material facilities for the
learners or teachers.
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2. Remedial measures:
Supplementing the conditions in
order to ensure the conformity with regulations on conditions of material for
the learners and teachers.”
11.
Supplementing Article 16b after 16a as follows:
“ Article 16b. Maltreating and
illtreating the learners; violating human dignity and teacher’s body.
1. Phạt tiền từ 1.000.000 đồng đến
3.000.000 đồng đối với hành vi ngược đãi, hành hạ người học.
A fine between VND 1,000,000 to
VND 3,000,000 for the acts of maltreating and illtreating the learners.
2. A fine between VND 3,000,000
to VND 5,000,000 for the acts of violating human dignity and teacher’s body.”
12. Clause
1 and 3 of Article 17 is amended and supplemented as follows:
“1. Caution or fine of between
VND 200.000 and 2,000,000 shall be imposed for the acts of irresponsibility in
the management of resulting in modification of school records, score sheets or
documents related to the assessment of study results of learners in
contravention of regulations at the following fine levels:
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b) A fine of between VND 500,000
and 1,000,000 shall be imposed for the violation involving 3 or 5 learners;
c) A fine of between VND
1.000,000 and 2,000,000 shall be imposed for the violation involving 6 learners
or more;
3. Remedial measures to be
imposed for violations prescribed in this Article:
Coersively restoring the initial
state, which has been altered due to violation acts prescribed in Clause 1 of
this Article and fully supplementing dossier due to violation acts prescribed
in Clause 2 of this Article.”
13. Clause
1 of Article 18 is amended and supplemented as follows:
“1. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for the acts of making 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.
14. Clause
1 of Article 20 is amended and supplemented as follows:
“1. Caution or fine between VND
200,000 and 10,000,000 shall be imposed for the 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 involving one or two learners;
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c) A fine of between VND
3,000.000 and 4,000,000 for a violation involving between 6 and 10 learners;
d) A fine of between VND
5,000.000 and 10,000,000 for a violation involving 11 learners or more;
15. Article
21 is amended and supplemented as follows:
“Article 21. Violation of
regulations on educational universalization
1. Caution or fine of between
VND 200,000 and 500,000 shall be imposed for acts of hindering learners of
universalized study grades or levels from going to school.
2. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for the acts of instigating learners
of universalized study grades or levels not to go school or to drop out.
16. Article
24 is amended and supplemented as follows:
“Article 24. Authorized sanction
of administrative violations in education
The persons who have a
competence to sanction administrative violations in education as prescribed in
Article 22 and Clauses 2 and 3 of Article 23 of this Decree are authorized to
comply with the provisions of Article 41 of the Ordinance Amending and
Supplementing some articles of the Ordinance on Handling of Administrative
Violations in 2008. "
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“Article 26. Procedures for
sanctioning administrative violations in education
1. Procedures for making written
records or sanctioning decisions shall comply with the provisions of Articles
21, 22 and 23 of the Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the
Government detailing the implementation of a number of articles of the
Ordinance on Handling of Administrative Violations in 2002 and the Ordinance
Amending and Supplementing some articles of the Ordinance on Handling of
Administrative Violations in 2008.
2. The imposition and payment of
fines must comply with the procedures prescribed in Articles 26 and 28 of the
Government's Decree No. 128/2008/NĐ-CP dated December 16, 2008, detailing the
implementation of a number of articles of the Ordinance on Handling of
Administrative Violations in 2002 and the Ordinance Amending and Supplementing
some articles of the Ordinance on Handling of Administrative Violations in
2008.
3. Procedures for depriving of
the right to use the decisions of establishment, licenses or practice
certificates shall comply with the provisions of Article 59 of the Ordinance on
Handling of the 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 in 2002 and the Ordinance Amending and Supplementing some articles
of the Ordinance on Handling of Administrative Violations in 2008.
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 34 of the
Government's Decree No. 128/2008/NĐ-CP dated December 16, 2008, detailing the
implementation of a number of articles of the Ordinance on Handling of
Administrative Violations in 2002 and the Ordinance Amending and Supplementing
some articles of the Ordinance on Handling of Administrative Violations in
2008.
18. Clause
1 of Article 27 is amended and supplemented as follows:
“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. 128/2008/NĐ-CP dated December 16, 2008, detailing
the implementation of a number of articles of the Ordinance on Handling of
Administrative Violations in 2002 and the Ordinance Amending and Supplementing
some articles of the Ordinance on Handling of Administrative Violations in
2008.
19. Clause
1 of Article 28 is amended and supplemented as follows:
“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. The procedures for lodging and settling complaints shall comply with
the provisions of Article 118 of the Ordinance on Handling of Administrative
Violations. The 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.”
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This Decree takes effect on
August 01, 2011
The provisions that are contrary
to this Decree are annulled.
Article 3.
Responsibilities for implementation
The Ministers, the Heads of the
ministerial-level agencies, the heads of the Government-run agencies and the
Chairmans of the People's Committees of the centrally-run provinces and cities
are liable to implement this Decree.
ON
BEHALF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung