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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
88/2022/ND-CP
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Hanoi, October
26, 2022
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DECREE
PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON VOCATIONAL EDUCATION AND
TRAINING
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, and the Law on amendments to the
Law on penalties for administrative violations dated November 13, 2020;
Pursuant to the Law on Employment dated November
16, 2013;
Pursuant to the Law on Vocational Education and
Training dated November 27, 2014;
Pursuant to the Law on Education dated June 14,
2019;
Pursuant to the Labour Code dated November 20,
2019;
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The Government promulgates a Decree prescribing
penalties for administrative violations against regulations on vocational
education and training.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. 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 the administrative violations against regulations on
vocational education and training, assessment and issuance of national
occupation skills certificates (hereinafter referred to as “vocational
education and training field").
2. Penalties for other administrative violations in
the vocational education and training field which are not prescribed in this
Decree shall be imposed in accordance with regulations on penalties for
administrative violations in relevant state management fields. To be specific:
a) Penalties for administrative violations against
regulations on provision of vocational education and training for persons with
disabilities shall be imposed in accordance with the Government’s regulations
on penalties for administrative violations involving social support, social
protection and children affairs;
b) Penalties for administrative violations against
regulations on expenditures of which payment is controlled by the State
Treasury, and management and use of public property 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;
c) Penalties for administrative violations against
regulations on employment contracts, work and rest hours of teachers working
under employment contracts; regulations on provision of basic and advanced
occupational training, and occupational skills development for workers shall be
imposed in accordance with the Government’s regulations on penalties for
administrative violations in the fields of labour, social insurance and
Vietnamese guest worker programs;
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Article 2. Regulated entities
1. Vietnamese and foreign organizations and persons
(hereinafter referred to as “entities”) that are mentioned in clauses 2, 3, 4,
and 5 of this Article and commit any administrative violations in the
vocational education and training field prescribed in this Decree.
2. Organizations that are liable to administrative
penalties as prescribed in this Decree are juridical persons as defined in the
Civil Code or other organizations duly established in accordance with
regulations of law, including:
a) Vocational colleges, vocational secondary
schools and vocational education and training centers (hereinafter referred to
as “vocational education and training institutions”);
b) Vocational - continuing education centers;
c) Representative offices in Vietnam of foreign
vocational education and training institutions;
d) Higher education institutions issued with
certificate of registration of vocational education and training activities to
provide college-level and intermediate-level training programs in specific
professional vocations/majors or under projects of which investment guidelines
have been approved by the Prime Minister (hereinafter referred to as “higher
education institutions providing specific professional training programs”);
dd) Pedagogical colleges and pedagogical vocational
secondary schools that have completed procedures for registration of provision
of vocational education and training programs in vocations/majors under the
state management of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam;
e) Schools of State agencies, political
organizations, socio-political organizations, and people’s armed forces that
provide vocational education and training;
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h) Employment service centers providing vocational
education and training;
i) Vocational education and training accreditation
organizations;
k) Organizations in charge of assessing and issuing
national occupation skills certificates;
l) Institutions providing pedagogical training
programs for teachers in vocational education and training under the state
management of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam;
m) Research and training institutions that are
assigned to provide title standards-based training programs for public
employees in the vocational education and training field under the state
management of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam;
n) Organizations providing overseas education consulting
services or sending Vietnamese citizens abroad for studying, teaching,
conducting scientific research and academic exchange at all training levels in
the vocational education and training field (except pedagogical secondary
education and college levels);
o) Other organizations engaging in vocational
education and training or performing joint training programs at different
levels of vocational education and training.
3. Campuses of colleges and of vocational secondary
schools; branches and representative offices of juridical persons or
organizations.
4. Household businesses or family households
providing vocational training classes.
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6. Persons that have the power to record
administrative violations, impose administrative penalties, and other
organizations and individuals involved in the imposition of penalties for
administrative violations in the vocational education and training field in accordance
with regulations of this Decree.
Article 3. Penalties, fines, power to impose
penalties and rules for imposing penalties for repeated violations;
responsibilities of Ministers, heads of ministerial agencies, Chairpersons of
People’s Committees at all levels, heads of agencies/units competent to impose
penalties for violations in vocational education and training field; suspension
of vocational education and training activities as prescribed in Clause 1
Article 20 of the Law on vocational education and training and Decrees on
vocational education and training
1. Primary penalties
a) Warning;
b) Fines.
2. Additional penalties
a) Confiscation of the exhibits and
instrumentalities for committing administrative violations;
b) Deportation;
c) Suspension of operations for a fixed period;
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3. Fines for violations in the vocational education
and training field
a) The maximum fine for a violation in the
vocational education and training field imposed upon an individual is VND
75.000.000; that imposed upon an organization is VND 150.000.000;
b) The fine for each of the administrative
violations specified in Chapter II of this Decree shall be imposed upon the
violating organization, except the fines specified in Clauses 4 and 5 Article
11, Clauses 1 and 2 Article 16, Clauses 1, 2 and 3 Article 21, Point a Clause 3
Article 22, Clause 1 Article 23, Clause 1 Article 27, Point b Clause 1 Article
30, Clause 1 Article 34, Clause 1 Article 35, and Clause 1 Article 36 of this
Decree which shall be imposed upon the violating individuals;
c) The fine imposed upon an individual is half of
that imposed upon an organization for committing the same administrative
violation;
d) When committing violations as prescribed in this
Decree, household businesses or family households providing vocational training
classes shall incur the same fines as violating individuals.
4. The penalties imposed by the title holders
prescribed in Articles 38, 39, 40 and 41 of this Decree are incurred by
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.
5. Ministers, heads of ministerial agencies, Chairpersons
of People’s Committees at all levels, and heads of agencies/units competent to
impose penalties for violations in vocational education and training field
shall assume responsibility to detect decisions on imposition of administrative
penalties which they have issued or have been issued by their subordinates but
contain errors, and promptly correct, modify or invalidate such erroneous
decisions and issue new decisions in accordance with the provisions of Articles
13 and 14 of the Government's Decree No. 118/2021/ND-CP dated December 23,
2021.
6. The repeat of a violation shall be taken into
account as an aggravating factor when considering imposing penalties for that
violation.
7. Suspension of operations
prescribed in Clause 1 Article 20 of the Law on vocational education and
training and Decrees on vocational education and training
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Article 4. Remedial measures
In addition to the penalties prescribed in Clause 1
and Clause 2 Article 3 of this Decree, violating entities may be liable to the
remedial measures mentioned in Points a, e and i Clause 1 Article 28 of the Law
on Penalties for Administrative Violations and the following remedial measures:
1. Enforced submission of reports to competent
authorities as prescribed.
2. Enforced return of documents, licenses or
practicing certificates which have been erased or altered to issuing
authorities.
3. Enforced transfer of matriculated learners to
another vocational education and training institution eligible to provide
vocational education and training or another training location issued with
certificate of registration of vocational education and training activities or
certificate of registration of additional vocational education and training
activities or enforced cancellation of matriculation decision, return of
collected amounts to learners and payment of all costs of such return.
4. Enforced retention of documents about
pedagogical training programs for teachers in vocational education and
training, and title standards-based training programs for public employees in
the vocational education and training field as prescribed.
5. Enforced cancellation of matriculation results;
learners’ performance, examination, test and graduation results; enforced
revocation or invalidation of issued diplomas/certificates or their duplicates;
cancellation of disciplinary decisions and restoration of learners’ right to
learn; cancellation of national occupational skills assessment results.
6. Enforced organization of examination, test and
re-assessment of learners’ performance.
7. Enforced registration of additional vocational
education and training activities.
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9. Enforced disclosure of information on issuance
of diplomas/certificates; licenses/practicing certificates; conditions for
organizing vocational education and training activities, assessment and
issuance of national occupation skills certificates as prescribed.
10. Enforced revocation of diplomas issued ultra
vires or containing unlawful information; enforced promulgation of regulations
and rules as prescribed.
11. Enforced performance of school health
activities as prescribed.
12. Enforced satisfaction of conditions for
organizing vocational education and training activities, joint training
programs with foreign partners, vocational education and training
accreditation, assessment and issuance of national occupation skills
certificates.
13. Enforced formulation, appraisal and issuance of
training programs and syllabi; updating of training programs.
14. Enforced provision of adequate training duration,
learning volume or minimum quantity of knowledge of each subject or module of
the training program or provision of correct training program.
15. Enforced preparation, use and recording of
adequate information in training management forms and books.
16. Enforced employment of persons who possess
certificates of completion of training courses in overseas education
consultancy.
17. Enforced approval of templates of blank
diplomas/certificates; submission of reports on templates of blank
diplomas/certificates; issuance of decisions to modify diplomas/certificates.
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19. Enforced establishment of diploma/certificate
management database, and updating of diploma/certificate data.
20. Enforced issuance of diplomas/certificates or
their duplicates; enforced return of diplomas/certificates or their duplicates
to issuing authorities as prescribed.
21. Enforced employment of adequate teachers and
trainers who must meet conditions and standards as prescribed; enforced
implementation of policies for teachers; enforced arrangement of adequate
full-time teachers for each training vocation/major.
22. Enforced issuance of public apology to persons
whose honor or dignity is harmed or who are bodily harmed, unless otherwise
demanded by affected persons.
23. Enforced preparation, retention and management
of learner profiles; return of documents to learners; request for submission of
additional documents by learners;
24. Enforced satisfaction of requirements regarding
minimum land areas, material facilities, training equipment, tools and
instruments.
25. Enforced cancellation of textbooks, syllabi,
teaching materials and equipment.
26. Enforced provision of information on results of
vocational education and training accreditation, external assessment documents
and results.
27. Enforced conduct of internal assessment of
vocational education and training quality.
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1. The prescriptive period of an administrative
violation in the vocational education and training field is 01 year.
2. Determination of prescriptive periods of
administrative violations in the vocational education and training field shall
comply with the provisions of Points b, c
and d Clause 1 Article 6 of the Law on Penalties
for Administrative Violations.
3. Determination of whether an administrative
violation has been completed or is ongoing for the purpose of calculation 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.
4. Implementation of remedial measures
a) Remedial measures specified in Clauses 1, 2, 9,
10, 16, 17, 18, 19, 20, 21, 23, 25 and 26 Article 4 of this Decree must be
implemented within 15 working days from the date on which the violating entity
receives the decision on imposition of administrative penalties;
b) Remedial measures specified in Clauses 4, 6, 7, 13,
15, 22 and 27 Article 4 of this Decree must be implemented within 30 working
days from the date on which the violating entity receives the decision on
imposition of administrative penalties;
c) Remedial measures specified in Clauses 3, 5, 8,
11 and 12 Article 4 of this Decree must be implemented within 60 working days
from the date on which the violating entity receives the decision on imposition
of administrative penalties;
d) Remedial measures specified in Clauses 14 and 24
Article 4 of this Decree must be implemented within 90 working days from the
date on which the violating entity receives the decision on imposition of
administrative penalties;
dd) If a decision on imposition of administrative
penalties or decision to enforce remedial measures indicates the time limit for
completing remedial measures, the remedial measures must be implemented within
that time limit.
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ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL
MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON
ESTABLISHMENT, LICENSING FOR ESTABLISHMENT, SPLIT-OFF, SLIT-UP, MERGER,
DISSOLUTION, RENAMING OF VOCATIONAL EDUCATION AND TRAINING INSTITUTIONS;
CAMPUSES/BRANCHES OF VOCATIONAL SECONDARY SCHOOLS AND COLLEGES; REPRESENTATIVE
OFFICES IN VIETNAM OF FOREIGN VOCATIONAL EDUCATION AND TRAINING INSTITUTIONS;
REGISTRATION OF VOCATIONAL EDUCATION AND TRAINING ACTIVITIES; ORGANIZATION OF
OPERATIONS OF VOCATIONAL EDUCATION AND TRAINING INSTITUTIONS, VOCATIONAL -
CONTINUING EDUCATION CENTERS, ENTERPRISES; PEDAGOGICAL TRAINING PROGRAMS FOR
TEACHERS IN VOCATIONAL EDUCATION AND TRAINING; TITLE STANDARDS-BASED TRAINING
PROGRAMS FOR PUBLIC EMPLOYEES IN VOCATIONAL EDUCATION AND TRAINING FIELD
Article 6. Violations against regulations on
establishment, licensing for establishment, split-off, slit-up, merger,
dissolution, renaming of vocational education and training institutions;
campuses/branches of vocational secondary schools and colleges; representative
offices in Vietnam of foreign vocational education and training institutions
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for using a name other than that specified in the
establishment decision, decision on establishment licensing, decision on
renaming of a vocational education and training institution, license for
establishment of representative office in Vietnam of a foreign vocational
education and training institution when organizing vocational education and
training activities.
2. 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) Failing to apply for re-issuance of license for
establishment of representative office in Vietnam of a foreign vocational
education and training institution when it has been lost or damaged;
b) Failing to return the establishment decision,
decision on establishment licensing, decision on split-off, slit-up, merger,
dissolution or renaming of a vocational education and training institution,
campus or branch of a vocational secondary school or college, or representative
office in Vietnam of a foreign vocational education and training institution
according to a revocation decision issued by a competent authority.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for erasing, altering or falsifying the
establishment decision, decision on establishment licensing, decision on
split-off, slit-up, merger, dissolution or renaming of a vocational education
and training institution, campus or branch of a vocational secondary school or
college, or representative office in Vietnam of a foreign vocational education
and training institution, if not liable to criminal prosecution.
4. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for commission of one of the following violations:
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b) Forging documents to obtain a competent
authority’s decision to establish or to license the establishment of a campus
or branch of a vocational secondary school or college, or representative office
in Vietnam of a foreign vocational education and training institution, or
decision on split-off, slit-up, merger, dissolution or renaming of a vocational
education and training institution, if not liable to criminal prosecution.
5. The following fines shall be imposed for
establishment, licensing for establishment, split-off, slit-up, merger,
dissolution or renaming of a vocational education and training institution,
campus or branch of a vocational secondary school or college, or representative
office in Vietnam of a foreign vocational education and training institution
before obtaining permission from a competent authority:
a) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if the violating entity is a vocational education
and training center;
b) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if the violating entity is a vocational secondary
school or its campus or branch;
c) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed if the violating entity is a college or its campus
or branch;
d) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed if the violating entity is a representative office
in Vietnam of a foreign vocational education and training institution.
6. Additional penalties: Foreigners who commit any
of the violations prescribed in Clause 4 and Clause 5 of this Article shall be
deported from Vietnam.
7. Remedial measures:
a) The entity committing the violation in Clause 1
of this Article is compelled to correct false or misleading information;
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c) The entity committing the violation in Point b
Clause 2 of this Article is compelled to return the establishment decision,
decision on establishment licensing, decision on split-off, slit-up, merger,
dissolution or renaming of a vocational education and training institution,
campus or branch of a vocational secondary school or college, or representative
office in Vietnam of a foreign vocational education and training institution;
d) The entity committing the violation in Clause 3
of this Article is compelled to return the erased or altered establishment
decision, decision on establishment licensing, or decision on split-off,
slit-up, merger, dissolution or renaming of a vocational education and training
institution, campus or branch of a vocational secondary school or college, or
representative office in Vietnam of a foreign vocational education and training
institution to competent authorities;
dd) The violating entity is compelled to transfer
profits illegally obtained from any of the violations in Clauses 1, 3, 4 and 5
of this Article to state budget;
e) The entity committing any of the violations in
Clause 3, Clause 4, Points a, b and c Clause 5 of this Article is compelled to
transfer matriculated learners to another vocational education and training
institution eligible to provide vocational education and training or cancel the
matriculation decision, return collected amounts to learners and incur all
return fees if it cannot transfer learners to another vocational education and
training institution;
g) Enforced revocation of the establishment
decision, decision on establishment licensing, decision on split-off, slit-up,
merger, dissolution or renaming of a vocational education institution, or
campus or branch of a vocational secondary school or college, or the license to
establish representative office in Vietnam of foreign vocational education
institution in case of the violations in Clause 4 and Clause 5 of this Article.
Article 7. Violations against regulations on
registration of vocational education and training activities, autonomy in
opening of training vocations/majors; registration of and autonomy in joint
training with foreign partners
1. 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) Failing to submit reports to competent
authorities on the case where the certificate of registration of vocational
education and training activities, certificate of registration of additional
vocational education and training activities, or certificate of registration of
joint training with foreign partners is lost, damaged or otherwise destroyed;
b) Failing to return the certificate of
registration of vocational education and training activities, certificate of
registration of additional vocational education and training activities, or
certificate of registration of joint training with foreign partners according
to a competent authority’s revocation decision.
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3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for forging documents submitted to a competent
authority to obtain a certificate of registration of vocational education and
training activities, certificate of registration of additional vocational
education and training activities, or certificate of registration of joint
training with foreign partners, if not liable to criminal prosecution.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for failing to apply for registration of additional
vocational education and training activities in one of the following cases:
a) Addition of new training vocations, majors or
levels;
b) Split-off, slit-up or merger of a vocational
education and training institution, vocational - continuing education center,
or enterprise;
c) Establishment of a campus or branch in charge of
organizing training activities; relocation of head office, or campus, branch or
training location that directly organizes training activities;
d) Addition of training location other than the one
specified in the certificate of registration of vocational education and
training activities, or certificate of registration of additional vocational
education and training activities;
dd) Renaming of an enterprise.
5. The following fines shall be imposed for failing
to apply for registration of additional vocational education and training
activities when enrolling a number of learners in excess of total enrolment per
year of vocations/majors classified in the same group of level-III
vocations/majors or elementary-level vocations which have the same names with
college-level or intermediate-level vocations/majors or elementary-level
vocations in the same group of elementary-level vocations at each training
location issued with certificate of registration of vocational education and
training activities, or certificate of registration of additional vocational
education and training activities:
a) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if 11% - 15% of total enrollment is exceeded;
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c) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed if 21% - 25% of total enrollment is exceeded;
d) A fine ranging from VND 60.000.000 to VND
70.000.000 shall be imposed if 26% - 30% of total enrollment is exceeded;
dd) A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed if 31% - 35% of total enrollment is exceeded;
e) A fine ranging from VND 80.000.000 to VND
90.000.000 shall be imposed if 36% - 40% of total enrollment is exceeded;
g) A fine ranging from VND 90.000.000 to VND
100.000.000 shall be imposed if 41%, or more, of total enrollment is exceeded.
6. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for exercising the autonomy in opening training
vocations/majors or cooperating with foreign partners in providing joint
training programs but failing to submit reports on satisfaction of eligibility
requirements for exercising the autonomy in vocational education and training activities
or performing joint training with foreign partners to the competent authority
that has issued the certificate of registration of vocational education and
training activities, or certificate of registration of joint training with
foreign partners.
7. A fine ranging from VND 60.000.000 to VND
70.000.000 shall be imposed for commission of one of the following violations:
a) Organizing vocational education and training
according to a certificate of registration of vocational education and training
activities or certificate of registration of additional vocational education
and training activities issued ultra vires;
b) Providing joint training programs with foreign
partners according to a certificate of registration of joint training with
foreign partners issued ultra vires.
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a) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if the violating entity is a vocational education
and training center, vocational - continuing education center, or enterprise;
b) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if the violating entity is a vocational secondary
school, or a school of a State agency, political organization, socio-political
organization, or people’s armed forces;
c) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed if the violating entity is a college or higher
education institution providing specific professional training programs.
9. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for exercising the autonomy in opening training
vocations/majors or cooperating with foreign partners in providing joint
training programs but failing to satisfy eligibility requirements for such
activities.
10. Additional penalties:
a) Vocational education and training activities
shall be suspended for a fixed period of 01 – 03 months in case of commission
of the violation in Point a, b, c or d Clause 5 of this Article;
b) Vocational education and training activities
shall be suspended for a fixed period of 03 – 06 months in case of commission
of the violation in Point dd, e or g Clause 5 of this Article.
10. Remedial measures:
a) The entity committing the violation in Point a
Clause 1 of this Article is compelled to submit reports to competent
authorities as prescribed;
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c) The violating entity is compelled to transfer
profits illegally obtained from any of the violations in Clauses 2, 3 and 8 of
this Article to state budget;
d) Enforced return and revocation of the certificate
of registration of vocational education and training activities, certificate of
registration of additional vocational education and training activities, or
certificate of registration of joint training with foreign partners in case of
commission of any of the violations in Clause 3 and Clause 7 of this Article;
dd) Enforced cancellation of learners’ performance,
examination, test and graduation results; enforced revocation or cancelation of
issued diplomas/certificates or their duplicates; enforced assurance of
learners’ rights and benefits in commission of any of the violations in Clause
3, Points a and d Clause 4, Clauses 7, 8 and 9 of this Article;
e) The entity committing the violation in Point a
or d Clause 4 of this Article is compelled to transfer learners to another
training location issued with a certificate of registration of vocational
education and training activities or certificate of registration of additional
vocational education and training activities, or to another eligible vocational
education and training institution;
g) The entity committing any of the violations in
Points b, c and dd Clause 4 and Clause 5 of this Article is compelled to apply
for registration of additional vocational education and training activities;
h) The entity committing the violation in Clause 5
of this Article is compelled to reduce the number of learners to be enrolled in
the following year by at least the excess percentage of total enrolment due to
failure to obtain the certificate of registration of additional vocational
education and training activities;
i) The entity committing the violation in Clause 6
of this Article is compelled to submit reports on satisfaction of eligibility
requirements for exercising the autonomy in opening training vocations/majors
or performing joint training with foreign partners to the competent authority
that has issued the certificate of registration of vocational education and
training activities, or certificate of registration of joint training with
foreign partners;
k) The entity committing any of the violations in
Clauses 3, 7, 8 and 9 of this Article is compelled to return collected amounts
to learners and incur all return fees; such collected amounts shall be paid to
state budget if payers are not identifiable.
Article 8. Violations against regulations on
organization of vocational education and training institutions, vocational -
continuing education centers, and enterprises
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a) Disclosing inadequate information on
organization of vocational education and training activities according to
regulations on information disclosure by vocational education and training
institutions, vocational - continuing education centers, and enterprises;
b) Improperly or partially implementing regulations
on reporting;
c) Submitting periodical or ad hoc reports which
fail to have accurate contents as prescribed;
d) Failing to perform or improperly performing
accountability as prescribed;
dd) Promulgating documents containing inaccurate or
inadequate contents with regard to the documents to be promulgated by
vocational education and training institutions, vocational - continuing
education centers, and enterprises.
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 fully promulgate regulations and
rules under the jurisdiction of vocational education and training institutions,
vocational - continuing education centers, and enterprises;
b) Failing to disclose information on organization
of vocational education and training activities according to regulations on
information disclosure by vocational education and training institutions,
vocational - continuing education centers, and enterprises;
c) Failing to disclose conditions for organizing
vocational education and training activities with regard to each training
vocation/major after obtaining the certificate of registration of vocational
education and training activities or certificate of registration of additional
vocational education and training activities on its website; failing to send
disclosure results to the Department of Labour, War Invalids and Social Affairs
of province or city where vocational education and training activities are
provided;
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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 apply for establishment of school
council or recognition of Board of Directors of vocational secondary school or
college;
b) Promulgating documents ultra vires or those
containing unlawful contents;
c) Failing to perform school health activities or
failing to ensure prescribed contents of school health activities;
d) Forging documents to obtain a competent
authority’s decision on accreditation of high quality school, if not liable to
criminal prosecution.
4. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for continuing enrolment or organization of
training activities during the suspension period of vocational education and
training activities or certificate of registration of vocational education and
training activities.
5. Remedial measures:
a) The entity committing the violation in Point a
Clause 1, or Point b or c Clause 2 of this Article is compelled to make
information disclosure as prescribed;
b) The entity committing the violation in Point b,
c, d or dd Clause 1, or Point a or d Clause 2 of this Article is compelled to
promulgate regulations and rules, submit reports, perform accountability or
correct false information as prescribed;
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d) The entity committing the violation in Point c
Clause 3 of this Article is compelled to perform school health activities as
prescribed;
dd) Enforced return and revocation of decision on
accreditation of high quality school in case of commission of the violation in
Point d Clause 3 of this Article;
e) Proposed revocation of certificate of
registration of vocational education and training activities, or certificate of
registration of additional vocational education and training activities in case
of commission of the violation in Clause 4 of this Article;
g) The entity committing the violation in Clause 4
of this Article is compelled to transfer learners to another eligible
vocational education and training institution; return collected amounts to
learners and incur all return fees; ensure learners’ rights and benefits.
Article 9. Violations against regulations on
pedagogical training programs for teachers in vocational education and
training, and title standards-based training programs for public employees in
vocational education and training field
1. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for erasing, altering or falsifying the decision on
assignment of task of providing pedagogical training programs for teachers in
vocational education and training or title standards-based training programs
for public employees in vocational education and training field, if not liable
to criminal prosecution.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to retain documents about the provided
pedagogical training programs for teachers in vocational education and
training, or title standards-based training programs for public employees in
the vocational education and training field as prescribed.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for forging documents to be assigned by a competent
authority with the task of providing pedagogical training programs for teachers
in vocational education and training or title standards-based training programs
for public employees in vocational education and training field, if not liable
to criminal prosecution.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for providing pedagogical training programs for
teachers in vocational education and training or title standards-based training
programs for public employees in vocational education and training field before
obtaining a competent authority’s assignment decision.
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a) The entity committing the violation in Clause 1
of this Article is compelled to return the decision on assignment of task of
providing pedagogical training programs for teachers in vocational education
and training or title standards-based training programs for public employees in
vocational education and training field to the issuing authority;
b) The entity committing the violation in Clause 2
of this Article is compelled to retain documents about the provided pedagogical
training programs for teachers in vocational education and training or title
standards-based training programs for public employees in vocational education
and training field as prescribed;
c) Enforced return and revocation of the decision
on assignment of task of providing pedagogical training programs for teachers
in vocational education and training or title standards-based training programs
for public employees in vocational education and training field in case of
commission of the violation in Clause 3 of this Article;
d) The entity committing the violation in Clause 4
of this Article is compelled to cancel the matriculation decision, return
collected amounts to learners and incur all return fees; such collected amounts
shall be paid to state budget if payers are not identifiable;
dd) The entity committing the violation in Clause 4
of this Article is compelled to revoke or cancel issued certificates and incur
all revocation or cancellation costs.
Section 2. VIOLATIONS AGAINST REGULATIONS ON
ENROLMENT
Article 10. 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 an announcement of enrolment which does
not contain correct and accurate information about training vocations/majors,
training levels, total enrolment per year, and training location as specified
in the certificate of registration of vocational education and training
activities, certificate of registration of additional vocational education and
training activities, certificate of registration of joint training with foreign
partners, or decision to grant autonomy in opening training vocations/majors or
cooperating with foreign partners in providing joint training programs;
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c) Issuing an announcement of enrolment containing
false information about eligibility requirements for enrolment in college,
intermediate or elementary training level.
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 comply with enrolment procedures;
b) Receiving admission applications, organizing
entrance exams or enrolment without entrance exams before obtaining a
certificate of registration of vocational education and training activities, or
certificate of registration of additional vocational education and training
activities, or before submitting reports on satisfaction of eligibility
requirements for exercising the autonomy in opening training vocations/majors
as prescribed;
c) Enrolling candidates for training
vocations/majors but failing to satisfy eligibility requirements for exercising
the autonomy in opening training vocations/majors as prescribed.
3. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for failing to disclose the cut-off marks of
college-level training vocations/majors for which the cut-off mark is a
requirement.
4. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for organizing entrance exams or considering
enrolment of candidates without entrance exams for foreign training
vocations/majors or foreign training programs before obtaining certificate of
registration of joint training with foreign partners, or without submitting reports
on satisfaction of eligibility requirements for exercising the autonomy in
cooperating with foreign partners in providing joint training programs.
5. Additional penalties:
a) Foreigners who commit the violation in Clause 4
of this Article shall be deported from Vietnam;
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6. Remedial measures:
a) The entity committing the violation in Clause 1
of this Article is compelled to correct false information;
b) The entity committing the violation in Point b
or c Clause 2 or Clause 4 of this Article is compelled to cancel matriculation
results;
c) The entity committing the violation in Point b
Clause 2 or Clause 4 of this Article is compelled to return collected amounts
to learners and incur all return fees;
d) The entity committing the violation in Clause 1,
Point b or c Clause 2, Clause 3 or Clause 4 of this Article is compelled to publish
the suspension of enrolment on its website and on the mass media;
dd) The entity committing the violation in Point b
or c Clause 2 or Clause 4 of this Article is compelled to transfer matriculated
learners to another vocational education and training institution eligible to
provide vocational education and training or joint training programs with
foreign partners, or cancel the matriculation decision, return collected
amounts to learners and incur all return fees if such transfer of learners is
failed.
Article 11. Violations against regulations on
eligible candidates and admission application
1. The following fines shall be imposed for
admitting unqualified learners at elementary level:
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;
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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 at intermediate level:
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 unqualified learners at college level:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves fewer than 10 learners;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves 10 – 30 learners;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the violation involves 30 learners or more.
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5. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for forging admission applications in order to
benefit from policies for learners in the vocational education and training
field, if not liable to criminal prosecution.
6. Additional penalties: Enrolment activities of
the entity committing the violation in Point c Clause 2 or Point c Clause 3 of
this Article shall be suspended for a fixed period of 03 – 06 months.
7. Remedial measures:
a) The entity committing the violation in Clause 1,
2 or 3 of this Article is compelled to cancel the matriculation decision;
return collected amounts to learners and incur all return fees if the violation
is committed through no fault of learners or both the violating entity and
learners are at fault;
b) Enforced cancellation of matriculation results,
learners’ performance, examination, test and graduation results, and revocation
of diplomas/certificates issued to learners in case of commission of the
violation in Clause 4 or 5 of this Article;
c) The entity committing the violation in Clause 4
of this Article is compelled to return the erased and/or altered documents to
issuing authorities;
d) Enforced return of support amounts or amounts
received from state budget in case of commission of the violation in Clause 5
of this Article.
Section 3. VIOLATIONS AGAINST REGULATIONS ON TRAINING
PROGRAMS AND SYLLABI; PEDAGOGICAL TRAINING PROGRAMS FOR TEACHERS IN VOCATIONAL
EDUCATION AND TRAINING, AND TITLE STANDARDS-BASED TRAINING PROGRAMS FOR PUBLIC
EMPLOYEES IN VOCATIONAL EDUCATION AND TRAINING FIELD; CLASS SIZE; BRIDGE
PROGRAMS AND JOINT TRAINING PROGRAMS
Article 12. Violations against regulations on
formulation, appraisal, issuance, updating and use of training programs and
syllabi; pedagogical training programs for teachers in vocational education and
training, and title standards-based training programs for public employees in
vocational education and training field
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2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to follow procedures for formulation,
appraisal and issuance of training programs and syllabi as
prescribed.
3. The following fines shall be imposed for
formulating and issuing training programs or pedagogical training programs for
teachers in vocational education and training with incorrect objectives,
structure or contents, or which fail to ensure minimum amount of knowledge as
prescribed:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves continuing training
programs as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law
on Vocational Education and Training;
b) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed if the violation involves elementary-level training
programs or pedagogical training programs for teachers of elementary-level
vocational education and training programs;
c) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed if the violation involves intermediate-level
training programs or pedagogical training programs for teachers of
intermediate- or college-level vocational education and training programs;
d) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed if the violation involves college-level training
programs.
4. The following fines shall be imposed for failing
to formulate and issue training programs/syllabi or pedagogical training
programs for teachers in vocational education and training:
a) A fine ranging from VND 10.000.000 to VND 20.000.000
shall be imposed if the violation involves continuing training programs/syllabi
as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law on
Vocational Education and Training;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves elementary-level training
programs/syllabi or pedagogical training programs for teachers of
elementary-level vocational education and training programs;
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d) A fine ranging from VND 40.000.000 to VND 50.000.000
shall be imposed if the violation involves college-level training
programs/syllabi.
5. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to have adequate training
programs/syllabi or pedagogical training programs for teachers in vocational
education and training.
6. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed failing to compile or select title standards-based
training programs for public employees in vocational education and training
field on the basis of framework program issued by the Ministry of Labour, War
Invalids and Social Affairs of Vietnam.
7. The following fines shall be imposed for using
incorrect training programs of the training vocations, majors or levels as
specified in the issued certificate of registration of vocational education and
training activities, certificate of registration of additional vocational
education and training activities, or certificate of registration of joint
training with foreign partners:
a) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves elementary-level training
programs;
b) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the violation involves intermediate-level
training programs;
c) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed if the violation involves college-level training
programs.
8. Additional penalties: Enrolment activities of
the entity committing the violation in Clause 7 of this Article shall be suspended
for a fixed period of 06 – 12 months.
9. Remedial measures:
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b) The entity committing the violation in Clause 3
of this Article is compelled to make up deficiencies in teaching contents or
minimum quantity of knowledge;
c) The entity committing the violation in Clause 5
of this Article is compelled to have adequate training programs/syllabi or
pedagogical training programs for teachers in vocational education and
training;
d) The entity committing the violation in Clause 6
of this Article is compelled to compile or select title standards-based
training programs for public employees in vocational education and training
field as prescribed;
dd) The entity committing the violation in Clause 7
of this Article is compelled to cancel examination, test and graduation
results, and revoke diplomas/certificates issued to learners; use the correct
training programs submitted to competent authorities when applying for
registration of vocational education and training activities.
Article 13. Violations against regulations on
organization of teaching activities
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for commission of one of the following violations:
a) Failing to organize teaching activities
according to training plan, training schedule or timetable, teaching plan or
lesson planning register;
b) Failing to comply with the structure of
theoretical and practical training hours of each subject or module specified in
the training program.
2. A warning or the following fines shall be
imposed for failing to provide adequate teaching hours or learning volume or
minimum quantity of knowledge of each of the subjects or modules included in a
training program:
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b) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed if the violation involves 5% - 10% of total teaching hours;
c) A fine ranging from VND 1.000.000 to VND 5.000.000
shall be imposed if the violation involves 10% - 15% of total teaching hours;
d) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves 15% - 20% of total
teaching hours;
dd) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves 20% of total teaching
hours or more.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for organizing graduation thesis defense for
ineligible learners.
5. Remedial measures:
a) The entity committing the violation in Clause 2
of this Article is compelled to make up deficiencies in teaching hours,
learning volume and minimum quantity of knowledge of the subjects or modules
included in training programs;
b) The entity committing the violation in Point d
or dd Clause 2 of this Article is compelled to cancel subject or module
completion test or exam results;
c) Graduation thesis assessment results shall be
cancelled if the violation in Clause 3 of this Article is committed.
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The following fines shall be imposed for arranging
the number of learners in excess of the prescribed class size:
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed if the class size is exceeded by 30% - 50%.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the class size is exceeded by 50% or more.
Article 15. Violations against regulations on
bridge programs and joint training programs
1. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for providing bridge programs but failing to meet
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 joint training activities, rights and
responsibilities of the presiding entity and of the cooperating entity as
prescribed;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing a violation involving rights and
obligations 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 providing joint training programs but failing
to meet eligibility requirements as prescribed.
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4. Remedial measures:
a) The entity committing the violation in Clause 1
of this Article is compelled to maintain its satisfaction of eligibility
requirements to provide bridge programs, or transfer matriculated learners to
another eligible vocational education and training institution, or cancel
matriculation decision, learners’ performance, examination, test and graduation
results, revoke graduation diplomas issued to learners, return collected
amounts to learners and incur all return fees; such collected amounts shall be
paid to state budget if payers are not identifiable;
b) The entity committing the violation in Point c
Clause 2 of this Article is compelled to maintain its satisfaction of
eligibility requirements to provide joint training programs, or transfer
matriculated learners to another eligible vocational education and training
institution, return collected amounts to learners and incur all return fees; such
collected amounts shall be paid to state budget if payers are not identifiable;
Section 4. VIOLATIONS AGAINST REGULATIONS ON
EXAMINATION, TEST AND ASSESSMENT OF LEARNERS’ PERFORMANCE; TRAINING MANAGEMENT
FORMS AND BOOKS
Article 16. Violations against regulations on
examination, test, assessment of learners’ performance and graduation
recognition
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 exams/tests, if not liable to criminal prosecution.
2. The following fines shall be imposed for
committing violations against regulations on organization of exams, tests and
marking:
a) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for entering the area where an exam or test is
organized or marking activities are performed without permission; bringing
documents, tools or equipment which are not allowed/prohibited to the exam room
or marking area;
b) A fine ranging from VND 2.000.000 to VND
6.000.000 shall be imposed for doing the exam for another candidate or
providing assistance for another candidate during the exam session;
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d) A fine ranging from VND 8.000.000 to VND
12.000.000 shall be imposed for swapping test/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 test/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.
3. A fine ranging from VND 13.000.000 to VND
15.000.000 shall be imposed for losing test/exam papers.
4. The following fines shall be imposed for
organizing tests, exams or assessment of learners’ performance against
regulations:
a) A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed if the violation involves 01 - 05 learners;
b) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves 06 - 10 learners;
c) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed if the violation involves 11 learners or more.
5. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for recognizing graduation of unqualified learners.
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a) The entity committing the violation in Point c
or dd Clause 2, or Clause 3 of this Article is compelled to ensure rights and
benefits of candidates;
b) Test/exam results shall be invalidated in case
of commission of the violation in Point b, d or e Clause 2 of this Article;
c) The entity committing the violation in Clause 4
of this Article is compelled to hold another test/exam or re-assess learners’
performance;
d) Graduation recognition results shall be
cancelled if the violation in Clause 5 of this Article is committed.
Article 17. Violations against regulations on
training management forms and books
1. A warning or the following fines shall be
imposed for committing violations against regulations on training management
forms/books used for continuing training programs as prescribed in Points a, b,
c and d Clause 1 Article 40 of the Law on Vocational Education and Training:
a) A warning shall be imposed for failing to record
adequate information in training management forms/books;
b) A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed for failing to record information in training
management forms/books;
c) A fine ranging from VND 5.000.000 to VND 10.000.000
shall be imposed for failing to compile the list of teachers, student
information sheets, training plan, and learners’ performance monitoring book as
prescribed.
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a) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed if the violation involves elementary-level training management
forms/books;
b) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed if the violation involves intermediate-level
training management forms/books;
c) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed if the violation involves college-level training
management forms/books.
3. The following fines shall be imposed for failing
to record information in forms/books used for management of elementary-,
intermediate or college-level training:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves elementary-level training
management forms/books;
b) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed if the violation involves intermediate-level
training management forms/books;
c) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed if the violation involves college-level training
management forms/books.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for formulating training schedule, training plan,
timetable, class record book, training monitoring book kept by enterprise, or
student management book which does not contain adequate information as
prescribed.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failing to formulate or use training schedule,
training plan, timetable, class record book, training monitoring book kept by
enterprise, or student management book.
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a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for failing to retain documents which must be
retained for a minimum period of at least 01 year from the day on which the
graduation recognition decision is signed by the principal;
b) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for failing to retain documents which must be
retained for a minimum period of at least 05 years from the day on which the
graduation recognition decision is signed by the principal;
c) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed for failing to retain documents which must be
retained for a minimum period of at least 10 years from the day on which the
graduation recognition decision is signed by the principal;
d) A fine ranging from VND 25.000.000 to VND
30.000.000 shall be imposed for failing to retain documents which must be
retained for a permanent period.
7. The following fines shall be imposed for
destroying forms/books used for management of intermediate or college-level
training against regulations, if not liable to criminal prosecution:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for destroying documents which must be retained for
a minimum period of at least 01 year from the day on which the graduation
recognition decision is signed by the principal;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for destroying documents which must be retained for
a minimum period of at least 05 years from the day on which the graduation
recognition decision is signed by the principal;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for destroying documents which must be retained for
a minimum period of at least 10 years from the day on which the graduation
recognition decision is signed by the principal;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for destroying documents which must be retained for
a permanent period.
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9. Additional penalties: Certificate of
registration of vocational education and training activities, or certificate of
registration of additional vocational education and training activities shall
be suspended for a fixed period of 03 – 06 months in case of commission of the
violation in Clause 7 of this Article.
10. Remedial measures:
a) The entity committing any of the violations in
Clauses 1, 2, 3 and 4 of this Article is compelled to formulate and record
adequate information in training management forms/books;
b) The entity committing the violation in Clause 5
of this Article is compelled to formulate and use training management
forms/books;
c) The entity committing any of the violations in
Clause 6 and Clause 7 of this Article is compelled to re-prepare and retain
training management forms, books and documents.
Section 5. VIOLATIONS AGAINST REGULATIONS ON
INTERNATIONAL COOPERATION, PROVISION OF OVERSEAS EDUCATION CONSULTING SERVICES,
VIETNAMESE CITIZENS TRAVELLING ABROAD FOR STUDYING, TEACHING, CONDUCTING
SCIENTIFIC RESEARCH AND ACADEMIC EXCHANGE IN VOCATIONAL EDUCATION AND TRAINING
FIELD
Article 18. Violations against regulations on
operation of representative offices in Vietnam of foreign vocational education
and training organizations or institutions
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for continuing operations when the validity
period specified in the license to establish representative office in
Vietnam of foreign vocational and training education institution has expired.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for carrying out operations beyond the scope of the
license to establish representative office in Vietnam of foreign vocational and
training education institution.
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4. Additional penalties: Foreigners who commit the
violation in Clause 3 of this Article shall be deported from Vietnam.
5. Remedial measures: The violating entity is
compelled to transfer profits illegally obtained from any of the violations in
Clauses 1, 2 and 3 of this Article to state budget.
Article 19. Violations against regulations on
joint training with foreign partners
1. The following fines shall be imposed for
admitting unqualified learners to elementary-level joint training programs:
a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed if the violation involves 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 to intermediate-level joint 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;
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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 unqualified learners to college-level joint training programs:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves fewer than 10 learners;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves 10 – 30 learners;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the violation involves 30 learners or more.
4. The following fines shall be imposed for using
incorrect training programs of the training vocations, majors or levels as
specified in the issued certificate of registration of joint training with
foreign partners:
a) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves elementary-level joint
training programs;
b) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the violation involves intermediate-level joint
training programs;
c) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed if the violation involves college-level joint
training programs.
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6. The following fines shall be imposed for failing
to ensure minimum areas of theory classrooms, practice or internship
facilities, and experimental production plants to meet elementary-,
intermediate- or college-level teaching and learning requirements in
vocations/majors included in joint training programs with foreign partners:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to provide an average area of at least
04 m2/seat - 05 m2/seat;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to provide an average area of at least
03 m2/seat - 04 m2/seat;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failing to provide an average area of at least
02 m2/seat - 03 m2/seat;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for failing to provide an average area of at least
01 m2/seat - 02 m2/seat;
dd) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for failing to provide an average area of less than
01 m2/seat.
7. The following fines shall be imposed for failing
to provide adequate number of training equipment and devices as described in
joint training programs and in proportion to training scales of provided
vocations/majors:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if 10% - 20% of the prescribed number of training
equipment and devices is not ensured;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if 20% - 30% of the prescribed number of training
equipment and devices is not ensured;
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d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed if 50%, or more, of the prescribed number of
training equipment and devices is not ensured.
8. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for continuing running joint training programs
during the suspension period of joint training activities performed in
cooperation with foreign partners or certificate of registration of joint
training with foreign partners.
9. Additional penalties: The provision of joint
training programs with foreign partners by the entity committing the violation
in Point c Clause 1, Point c Clause 2 or Clause 3 of this Article shall be
suspended for a fixed period of 03 – 06 months.
10. Remedial measures:
a) The entity committing any of the violations in
Clauses 1, 2 and 3 of this Article is compelled to cancel the matriculation
decision, return collected amounts to learners and incur all return fees; such
collected amounts shall be paid to state budget if payers are not identifiable;
b) The entity committing the violation in Clause 4
of this Article is compelled to cancel examination, test and graduation
results, and revoke diplomas/certificates issued to learners; use the correct
training programs submitted to competent authorities when applying for
registration of joint training with foreign partners;
c) The entity committing the violation in Clause 5
of this Article is compelled to arrange an adequate number of qualified
teachers according to the structure of joint training vocations/majors;
d) The entity committing the violation in Clause 6
or 7 of this Article is compelled to satisfy requirements as to material
facilities, training equipment and devices;
dd) Proposed revocation of the certificate of
registration of joint training with foreign partners in case of commission of
the violation in Clause 8 of this Article.
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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) Providing dishonest or inaccurate information
about requirements regarding quality accreditation of overseas training
programs and educational institutions; estimated tuition fees, subsistence
allowance and related costs; living conditions, part-time job rules for
international students of host countries; difficulties, risks and disadvantages
that students may face during their study abroad;
b) Failing to openly post information on overseas
education consulting services at the head office and on the website of the
overseas education consulting service provider;
c) Failing to submit reports on enrolment and
sending of Vietnamese citizens abroad for studying; failing to submit reports
on provision of overseas education consulting services;
d) Failing to retain documents on sending of
Vietnamese citizens abroad for studying;
dd) Using consultants who fail to possess
certificate of completion of training courses in overseas education consultancy
as prescribed.
2. 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 enter into overseas education
consulting service contracts with students or their parents or lawful guardians
or entering into such contracts which fail to have adequate contents and follow
principles laid down in laws;
b) 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.
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a) Authorizing or leasing or letting others borrow
the certificate of registration of overseas education consulting services;
b) Providing consulting services for persons who
wish to study abroad with authorization from another overseas education
consulting service provider.
4. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for continuing providing overseas education
consulting services during the suspension period of overseas education
consulting services.
5. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for providing overseas education consulting
services before obtaining certificate of registration of overseas education
consulting services.
6. Additional penalties: The provision of overseas
education consulting services shall be suspended for a fixed period of 03 – 06
months in case of commission of the violation in Clause 2 or Clause 3 of this
Article.
7. Remedial measures:
a) The entity committing the violation in Point a
Clause 1 of this Article is compelled to publish the correction of false
information on its website;
b) The entity committing the violation in Point b
Clause 1 of this Article is compelled to openly post information as prescribed;
c) The entity committing the violation in Point c
or d Clause 1 of this Article is compelled to submit reports and retain
adequate documents as prescribed;
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dd) The violating entity is compelled to transfer
profits illegally obtained from any of the violations in Clauses 3, 4 and 5 of
this Article to state budget;
e) The entity committing any of the violations in
Clauses 4 and 5 of this Article is compelled to return collected amounts to
payers and incur all return fees; such collected amounts shall be paid to state
budget if payers are not identifiable;
g) Proposed revocation of certificate of completion
of training courses in overseas education consultancy in case of commission of
the violation in Clause 4 of this Article.
Article 21. Violations against regulations on
travelling abroad for studying, teaching, conducting scientific research and
academic exchange at different vocational education and training levels
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for providing false information or altering
documents submitted when applying for permission to travel abroad for studying,
teaching, or conducting scientific research and academic exchange, if not
liable to criminal prosecution.
2. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for deliberately dropping out of school or quitting
job or unilaterally terminating contracts while attending an overseas training
course or failing to obtain graduation diplomas/certificates from overseas
training institution.
3. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for taking advantage of studying, teaching or
conducting scientific research and academic exchange for illegally working or
staying in a foreign country without any threat of force or coercion, if not
liable to criminal prosecution.
4. Remedial measures:
a) Enforced return and proposed revocation of the
decision to appoint Vietnamese citizen to study, teach, or conduct scientific
research or academic exchange abroad in case of commission of the violation in
Clause 1 of this Article;
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Section 6. VIOLATIONS AGAINST REGULATIONS ON
MANAGEMENT, ISSUANCE AND USE OF VOCATIONAL EDUCATION AND TRAINING
DIPLOMAS/CERTIFICATES; CERTIFICATES OF COMPLETION OF PEDAGOGICAL TRAINING
PROGRAMS OR TITLE STANDARDS-BASED TRAINING PROGRAMS FOR PUBLIC EMPLOYEES IN
VOCATIONAL EDUCATION AND TRAINING FIELD
Article 22. Violations against regulations on
management and issuance of vocational education and training
diplomas/certificates; certificates of completion of pedagogical training
programs or title standards-based training programs for public employees in
vocational education and training field
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 issue the decision to approve
templates of blank diplomas/certificates as prescribed;
b) Failing to submit reports on templates of blank
diplomas/certificates to competent authorities as prescribed;
c) Issuing decisions to modify
diplomas/certificates against procedures and regulations on contents, time
limits and issuing authority;
d) Failing to satisfy requirements regarding
material facilities, fire and explosion prevention and control equipment for
keeping diplomas/certificates;
dd) Failing to issue duplicates of
diplomas/certificates to learners as prescribed;
e) Failing to prepare or preparing documents
containing inadequate or inaccurate information on printing, use, issuance,
revocation or cancellation of blank diplomas/certificates; failing to retain
documents on issuance of diplomas/certificates as prescribed;
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g) Printing blank diplomas/certificates whose
contents do not comply with those on the prescribed templates;
i) Performing destruction of blank
diplomas/certificates against 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 diplomas/certificates or their
duplicates within the prescribed time limits;
b) Revoking or invalidating diplomas/certificates
of learners against 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) Performing fraudulent acts for obtaining
diplomas/certificates or their duplicates, if not liable to criminal
prosecution;
b) Issuing diplomas/certificates to learners
without using the prescribed templates;
c) Issuing diplomas/certificates to learners ultra
vires.
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5. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for failing to update issued vocational education
and training diplomas/certificates on the portal for searching of vocational
education and training diplomas/certificates of the competent authority.
6. The following fines shall be imposed for issuing
diplomas/certificates indicating incorrect training vocations/majors or the
training vocations/majors which are not specified in the certificate of
registration of vocational education and training activities, certificate of
registration of additional vocational education and training activities,
certificate of registration of joint training with foreign partners, or
decision to grant autonomy in opening training vocations/majors or cooperating
with foreign partners in providing joint training programs; issuing
diplomas/certificates to unqualified learners, if not liable to criminal
prosecution:
a) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed if the violation involves less than 10 learners;
b) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed if the violation involves 10 - 20 learners;
c) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed if the violation involves 20 - 30 learners;
d) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed if the violation involves 30 - 40 learners;
dd) A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed if the violation involves 40 learners or more.
7. Additional penalties:
a) Certificate of registration of vocational
education and training activities, or certificate of registration of additional
vocational education and training activities shall be suspended for a fixed
period of 03 – 06 months in case of commission of the violation in Point c
Clause 3 or Clause 4 of this Article;
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c) Vocational education and training activities
shall be suspended for a fixed period of 12 – 18 months in case of commission
of the violation in Point c, d or dd Clause 6 of this Article.
8. Remedial measures:
a) Enforced approval of blank diplomas/certificates
according to regulations in case of commission of the violation in Point a
Clause 1 of this Article;
b) The entity committing the violation in Point b
Clause 1 of this Article is compelled to submit reports on templates of blank
diplomas/certificates to competent authorities as prescribed;
c) The entity committing the violation in Point c
Clause 1 of this Article is compelled to issue decisions to modify
diplomas/certificates according to regulations;
d) The entity committing the violation in Point d
Clause 1 of this Article is compelled to satisfy requirements regarding
material facilities, fire and explosion prevention and control equipment;
dd) The entity committing the violation in Point dd
Clause 1 of this Article is compelled to issue duplicates of
diplomas/certificates according to regulations;
e) The entity committing the violation in Point e
or g Clause 1 of this Article is compelled to prepare and retain documents on
management of printing, security, issuance, use, revocation and cancellation of
blank diplomas/certificates according to regulations;
g) The entity committing the violation in Point h
Clause 1 of this Article is compelled to destroy blank diplomas/certificates
according to regulations;
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i) The entity committing the violation in Point b
Clause 2 of this Article is compelled to correct false information on
revocation or destruction of diplomas/certificates against regulations;
re-issue diplomas/certificates to learners and incur all re-issue fees;
k) The entity committing the violation in Point a
Clause 3 of this Article is compelled to return diplomas/certificates or their
duplicates to issuing authorities;
l) The entity committing the violation in Point b
or c Clause 3 of this Article is compelled to revoke or destroy the issued
diplomas/certificates and re-issue diplomas/certificates to learners according
to regulations;
m) The entity committing the violation in Clause 4
of this Article is compelled to establish a database for management of issued
diplomas/certificates;
n) The entity committing the violation in Clause 5
of this Article is compelled to update information on issued
diplomas/certificates on the portal for searching of diplomas/certificates of
the competent authority;
o) The entity committing the violation in Clause 6
of this Article is compelled to revoke or destroy issued diplomas/certificates;
p) The entity committing the violation in Clause 6
of this Article is compelled to ensure learners’ rights and benefits.
Article 23. Violations against regulations on
use and disclosure of information on issuance of vocational education and
training diplomas/certificates
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:
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b) Using diplomas/certificates which have been
erased, altered or falsified.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to disclose or disclosing inadequate or
inaccurate information on issuance of diplomas/certificates on the issuer’s
website.
3. Additional penalties: The exhibits, which are
erased, altered or falsified diplomas/certificates, of the violation in Point b
Clause 1 of this Article shall be confiscated.
4. Remedial measures:
a) Enforced return and proposed revocation of
diplomas/certificates in case of commission of the violation in Clause 1 of
this Article;
b) The entity committing the violation in Clause 2
of this Article is compelled to disclose adequate and accurate information on
issuance of diplomas/certificates on its website.
Section 7. VIOLATIONS AGAINST REGULATIONS ON
TEACHERS, TRAINERS AND LEARNERS
Article 24. Violations against regulations on
employment of teachers and trainers
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:
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b) Arranging teachers to teach in excess of the
maximum teaching hours as prescribed.
2. The following fines shall be imposed for
employing unqualified teachers or trainers to deliver college-, intermediate-
or elementary-level training programs and other vocational training programs,
or to teach in vocations/majors different from their specialties:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if they are employed to deliver continuing training
programs as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law
on Vocational Education and Training;
b) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed if they are employed to deliver elementary-level
training programs;
c) A fine ranging from VND 15.000.000 to VND 20.000.000
shall be imposed if they are employed to deliver college- or intermediate-level
training programs.
3. Remedial measures: The entity committing the
violation in Clause 2 of this Article is compelled to employ qualified teachers
and arrange them to teach vocations/majors appropriate to their specialties.
Article 25. Violations against regulations on
full-time teachers
1. The following fines shall be imposed for failing
to the prescribed number of full-time teachers for each training vocation/major
or training level:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the violation involves elementary-level training
programs;
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2. Remedial measures: The entity committing the
violation in Clause 1 of this Article is compelled to ensure the prescribed
number of full-time teachers for each training vocation/major or training
level.
Article 26. Violations against regulations on
student-teacher ratio
1. The following fines shall be imposed for failing
to maintain the prescribed student-teacher ratio:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the prescribed student-teacher ratio is exceeded
by 30% - 50%;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the prescribed student-teacher ratio is exceeded
by 50% - 100%;
c) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed if the prescribed student-teacher ratio is exceeded
by 100% or more.
2. Additional penalties: Vocational education and
training activities shall be suspended for a fixed period of 03 – 06 months in
case of commission of the violation in Point c Clause 1 of this Article.
3. Remedial measures: The entity committing the
violation in Clause 1 of this Article is compelled to ensure the prescribed
student-teacher ratio.
Article 27. Harming honor or dignity, or bodily
harming teachers, managers, officials, public employees and workers of
vocational education and training institutions; violations against policies and
regulations on teachers
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2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing violations against policies for
teachers.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for failing to carry out assessment and ranking of
teachers; failing to develop and implement professional training plans; failing
to arrange teachers to attend internships at enterprises or specialized
agencies as prescribed.
4. Remedial measures:
a) The entity committing the violation in Clause 1
of this Article is compelled to issue public apology to persons whose honor or
dignity is harmed or who are bodily harmed, unless otherwise demanded by
affected persons;
b) The entity committing the violation in Clause 2
or 3 of this Article is compelled to strictly comply with policies for and
regulations on teachers.
Article 28. 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) Altering documents related to assessment of
learners’ performance;
b) Making learner profiles against regulations;
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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 regulations.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for failing to sufficiently manage documents of
foreign learners as prescribed.
4. Remedial measures:
a) The entity committing the violation in Point b
or c Clause 1 or Clause 3 of this Article is compelled to make, retain, keep
and manage documents of learners in accordance with regulations;
b) The entity committing the violation in Clause 2
of this Article is compelled to return documents to learners as prescribed.
Article 29. Violations against regulations on
conclusion of training contracts
1. The following fines shall be imposed for
concluding a training contract which fails to contain adequate information as
prescribed:
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 - 50 learners;
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d) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the violation involves 100 - 200 learners;
dd) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves 200 learners or more.
2. The following fines shall be imposed for failing
to conclude training contracts:
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 - 50 learners;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the violation involves 50 - 100 learners;
d) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the violation involves 100 - 200 learners;
dd) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed if the violation involves 200 learners or more.
Article 30. Violations against regulations on learner
discipline; harming honor or dignity or bodily harming learners; violations
against policies for learners
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a) Taking disciplinary actions against learners
against 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;
c) The entity committing the violation in Clause 2
of this Article is compelled to strictly comply with policies for learners.
Section 8. VIOLATIONS AGAINST REGULATIONS ON
MINIMUM LAND AREAS, MATERIAL FACILITIES AND TRAINING EQUIPMENT; FINANCE;
VOCATIONAL EDUCATION AND TRAINING ACCREDITATION; ASSESSMENT AND ISSUANCE OF
NATIONAL OCCUPATION SKILLS CERTIFICATES
Article 31. Violations against regulations on
minimum land areas, material facilities, training equipment, tools and
instruments
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a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failing to ensure 10% - 20% of the minimum land
area;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to ensure 20% - 30% of the minimum land
area;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to ensure 30% - 50% of the minimum land
area;
d) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for failing to ensure 50% - 70% of the minimum land
area;
dd) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for failing to ensure 70%, or more, of the minimum
land area.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to have mandatory material facilities,
training equipment, tools and instruments for providing elementary-level
training programs or continuing training programs as prescribed in Points a, b,
c and d Clause 1 Article 40 of the Law on Vocational Education and Training.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to have a dorm, library, medical room
and workout area as prescribed.
4. The following fines shall be imposed for failing
to arrange sufficient working, administration or managerial areas which
correspond to the structure of specialized departments, faculties and subjects
and ensure the minimum average area for intermediate- and college-level
training programs:
a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for failing to ensure the minimum average area for
intermediate-level training programs;
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5. The following fines shall be imposed for failing
to ensure minimum areas of theory classrooms, laboratories, practice or
internship facilities, and experimental production plants to meet elementary-,
intermediate- or college-level teaching and learning requirements:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to provide an average area of at least
4,5 – 5,5 m2/seat for intermediate- or college-level training
programs, or of at least 03 – 04 m2/seat for elementary-level
training programs;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to provide an average area of at least
3,5 – 4,5 m2/seat for intermediate- or college-level training
programs, or of at least 02 – 03 m2/seat for elementary-level
training programs;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failing to provide an average area of at least
2,5 – 3,5 m2/seat for intermediate- or college-level training
programs, or of at least 01 – 02 m2/seat for elementary-level
training programs;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for failing to provide an average area of at least
1,5 – 2,5 m2/seat for intermediate- or college-level training
programs, or of less than 01 m2/seat for elementary-level training
programs;
dd) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for failing to provide an average area of less than
1,5 m2/seat for intermediate- or college-level training programs.
6. The following fines shall be imposed for failing
to provide adequate training equipment and devices for each intermediate- or
college-level training vocation or major:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if 10% - 20% of the prescribed number of training
equipment and devices is not ensured;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if 20% - 30% of the prescribed number of training
equipment and devices is not ensured;
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d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed if 50%, or more, of the prescribed number of
training equipment and devices is not ensured.
7. The following fines shall be imposed for failing
to provide sufficient theory classrooms, laboratories, practice or internship
facilities, and experimental production plants for each intermediate- or
college-level training vocation or major:
a) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed if the violation involves 01 – 03 training
vocations/majors;
b) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed if the violation involves 04 – 05 training
vocations/majors;
c) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed if the violation involves 06 training vocations/majors
or more.
8. Remedial measures: Enforced satisfaction of
requirements regarding minimum land areas, material facilities, training
equipment, tools and devices in case of commission of any of the violations in
Clauses 1 through 7 of this Article.
Article 32. 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. Additional penalties: Vocational education and
training activities shall be suspended for a fixed period of 03 – 06 months in
case of commission of the violation in Clause 1 of this Article.
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Article 33. Violations against regulations on
management and use of donations and grants other than ODA given by foreign
agencies, organizations and individuals to vocational education and training
institutions
1. The following fines shall be imposed for
committing violations against regulations on management and use of grants other
than ODA given by foreign agencies, organizations and individuals to vocational
education and training 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 grants;
b) A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing violations against regulations on
management and use of grants.
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 and grants; such amounts shall be paid to state
budget if recipients cannot be identified.
Article 34. Violations against regulations on
management and use of assets, revenues and expenses of vocational education and
training institutions, vocational - continuing education centers, and
enterprises
1. The following fines shall be imposed for
deliberately destroying or causing damage to assets of a private vocational
education and training institution, foreign-invested vocational education and
training institution or enterprise, if not liable to criminal prosecution:
a) A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for deliberately destroying assets which are
machinery, equipment or other assets and whose book value is less than VND
100.000.000/piece of assets;
b) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for deliberately destroying assets which are
machinery, equipment or other assets and whose book value is VND
100.000.000/piece of assets or higher;
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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 other than service prices and
fees in the vocational education and training field 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. Remedial measures:
a) The entity committing the violation in Clause 1
of this Article is compelled to restore the original conditions of the asset
which have been changed by the violation; in case of failure to restore the original
conditions of the asset, the violating entity is required to make cash payment
or provide another asset which has the same uses and value with the damaged
asset;
b) The entity committing any of the violations in
Point a Clause 2 of this Article is compelled to return collected amounts and
incur all return fees; such collected amounts shall be paid to state budget if
payers are not identifiable;
c) The entity committing any of the violations in
Point b Clause 2 of this Article is compelled to return improperly paid amounts
to state budget.
Article 35. Violations against regulations on
vocational education and training accreditation
a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for failing to return the accreditor card according
to a competent authority’s revocation decision;
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c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for providing false information on satisfaction of
eligibility requirements and standards for the purpose of obtaining an
accreditor card;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for allowing another person to use one’s accreditor
card or using another’s accreditor card;
dd) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for providing false information about accreditation
results or deliberately providing information concerning assessment tasks and
results of the external assessment team before obtaining permission from the
accreditation organization or competent authorities;
e) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed for falsifying external assessment documents, if
not liable to criminal prosecution;
g) A fine ranging from VND 25.000.000 to VND
30.000.000 shall be imposed for falsifying results given by the external
assessment team, if not liable to criminal prosecution.
2. The following fines shall be imposed for
violations committed by an accreditation organization:
a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for failing to submit report to competent
authorities on the loss of certificate of eligibility to provide vocational
education and training accreditation services or failing to return the
certificate of eligibility to provide vocational education and training
accreditation services according to a competent authority's revocation
decision;
b) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for erasing, altering or falsifying the certificate
of eligibility to provide vocational education and training accreditation
services, if not liable to criminal prosecution;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for forging documents for the purpose of obtaining
the certificate of eligibility to provide vocational education and training
accreditation services, if not liable to criminal prosecution;
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3. 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) Failing to return the certificate of conformity
with accreditation standards for a vocational education and training
institution or program according to competent authority's revocation decision;
b) Erasing, altering or falsifying documents
submitted to the accreditation organization for the purpose of obtaining the
certificate of conformity with accreditation standards for a vocational
education and training institution or program, if not liable to criminal
prosecution;
c) Conducting internal assessment of vocational
education and training quality against procedures and regulations.
4. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for providing false information about results of
internal assessment of a vocational education and training institution or
program.
5. 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) Providing false information about conditions for
accreditation of vocational education and training institutions/programs, or
failing to disclose information as prescribed;
b) Failing to publicly disclose the certificate of
conformity with accreditation standards for a vocational education and training
institution or program, or external assessment results which are used as the
basis for issuance of certificate of conformity with accreditation standards.
6. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for commission of one of the following violations:
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b) Failing to conduct internal assessment of
vocational education and training quality for 02 years or longer.
7. The following fines shall be imposed for
committing violations against regulations on vocational education and training
accreditation:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for posting false information about accreditation
results of vocational education and training institutions/programs on the mass
media;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for establishing an external assessment team
against regulations or failing to update the national database on vocational
education and training accreditation with external assessment results or
failing to retain documents on external assessment results as prescribed;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failing to comply with procedures for external
assessment of a vocational education and training institution or program;
d) A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for failing to ensure objectivity and honesty in
conducting vocational education and training accreditation resulting in false
accreditation results.
8. Additional penalties:
a) The accreditor card shall be suspended for a
fixed period of 06 – 12 months in case of commission of the violation in Point
b, dd, e or g Clause 1 of this Article;
b) The exhibit, which is the accreditor card, of
the violation prescribed in Point c or d Clause 1 of this Article shall be
confiscated.
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a) The entity committing the violation in Point a
Clause 1 of this Article is compelled to return the accreditor card as
prescribed;
b) The entity committing the violation in Point dd,
e or g Clause 1 of this Article is compelled to provide adequate and accurate
information on accreditation results, external assessment documents and
results;
c) Enforced return of the certificate of
eligibility to provide vocational education and training accreditation services
in case of commission of the violation in Point a (except the case of failure
to submit report on loss of certificate to competent authorities) or Point b
Clause 2 of this Article;
d) Enforced return and proposed revocation of the
certificate of eligibility to provide vocational education and training
accreditation services in case of commission of the violation in Point c Clause
2, or Point a or b Clause 3 of this Article;
dd) The entity committing the violation in Point d
Clause 2 of this Article is compelled to maintain its satisfaction of
eligibility requirements to provide vocational education and training
accreditation services;
e) The entity committing the violation in Clause 4
of this Article is compelled to correct false information about results of
internal assessment of a vocational education and training institution or
program;
g) The entity committing the violation in Point a
Clause 5 of this Article is compelled to correct false information about
conditions for accreditation of vocational education and training institutions
or programs;
h) The entity committing the violation in Point b
Clause 5 of this Article is compelled to to publicly disclose the certificate
of conformity with accreditation standards for a vocational education and
training institution or program, or external assessment results which are used
as the basis for issuance of certificate of conformity with accreditation
standards;
i) Enforced return and proposed revocation of the
certificate of conformity with accreditation standards for a vocational
education and training institution or program in case of commission of the
violation in Point a Clause 6 or Point d Clause 7 of this Article;
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l) The entity committing the violation in Point a
Clause 7 of this Article is compelled to correct false information about
accreditation results of vocational education and training institutions or
programs on the mass media;
m) The entity committing the violation in Point b
Clause 7 of this Article is compelled to update external assessment results.
Article 36. Violations against regulations on
assessment and issuance of national occupation skills certificates
1. The following fines shall be imposed for
violations committed by a national occupational skills assessor (hereinafter
referred to as “assessor”):
a) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failing to return the assessor card according to
a competent authority’s revocation decision;
b) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for allowing another person to use one’s assessor
card or using another’s assessor card;
c) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for forging documents included in the application
for issuance of assessor card, if not liable to criminal prosecution;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for carrying out assessment of
professional/technical knowledge, practice skills and compliance with
occupational safety and health processes of candidates without complying with
regulations laid down in procedures for assessment and issuance of national
occupation skills certificates.
2. The following fines shall be imposed for
violations committed by a national occupational skills assessment
organization:
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b) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for erasing, altering or falsifying the certificate
of eligibility to assess and issue national occupation skills certificates, if
not liable to criminal prosecution;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to publicly disclose the satisfaction
of eligibility requirements to carry out assessment and issuance of national
occupation skills certificates as prescribed.
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 maintain the satisfaction of
eligibility requirements before carrying out assessment and issuance of
national occupation skills certificates;
b) Losing theory/practice test results of
candidates or failing to retain test results as prescribed.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for commission of one of the following violations:
a) Forging documents for obtaining the certificate
of eligibility to assess and issue national occupation skills certificates or
forging theory/practice test results or proposing issuance of national
occupation skills certificates to persons who do not attend assessment tests,
if not liable to criminal prosecution;
b) Falsifying results of assessment and issuance of
national occupation skills certificates, if not liable to criminal prosecution;
c) Failing to carry out operations within 24 months
after obtaining the certificate of eligibility to assess and issue national
occupation skills certificates.
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a) Failing to follow procedures for assessment of
national occupation skills;
b) Failing to update the diplomas/certificates
system with information on issuance of national occupation skills certificates.
6. Additional penalties: The assessor card shall be
suspended for a fixed period of 06 – 12 months in case of commission of the
violation in Point b Clause 1 of this Article.
7. Remedial measures:
a) The entity committing the violation in Point a
Clause 1 of this Article is compelled to return the assessor card as
prescribed;
a) Enforced return and proposed revocation of the
assessor card in case of commission of the violation in Point c or d Clause 1
of this Article;
c) Enforced return of the certificate of
eligibility to assess and issue national occupation skills certificates to
competent authorities in case of commission of the violation in Point a (except
the case of loss of the certificate) or Point b Clause 2 of this Article;
d) The entity committing the violation in Point c
Clause 2 of this Article is compelled to publicly disclose the satisfaction of
eligibility requirements to carry out assessment and issuance of national
occupation skills certificates;
dd) The entity committing the violation in Point a
Clause 3 of this Article is compelled to maintain the satisfaction of
eligibility requirements to carry out assessment and issuance of national
occupation skills certificates;
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g) Enforced cancellation of national occupation
skills assessment results; enforced revocation of the issued national
occupation skills certificates in case of commission of the violation in Point
a or b Clause 4 of this Article;
h) Enforced return and proposed revocation of the
the certificate of eligibility to assess and issue national occupation skills
certificates in case of commission of the violation in Clause 4 of this
Article;
i) The entity committing the violation in Point b
Clause 5 of this Article is compelled to update information on issuance of
national occupation skills certificates.
Chapter III
POWER TO RECORD AND IMPOSE PENALTIES FOR
ADMINISTRATIVE VIOLATIONS
Article 37. Power to make records of
administrative violations
The following
officers shall have the power to make records of administrative violations:
1. The officers that have the power to impose administrative penalties
mentioned in Articles 38 through 41 of this Decree.
2. Officials of district-level Departments of
Labour, War Invalids and Social Affairs, provincial Departments of Labour, War
Invalids and Social Affairs, Directorate of Vocational Education and Training,
the Ministry of Labour, War Invalids and Social Affairs of Vietnam, Ministries,
ministerial agencies, people’s army or people's
public security forces that are on duty or performing inspection tasks relating
to vocational education and training according
to legislative documents or administrative documents issued by competent
authorities or officers.
Article 38. Power to impose penalties of
Chairpersons of People’s Committees at all levels
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a) Issue warning;
b) Impose a fine up to VND 10.000.000;
c) 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) Impose a fine up to VND 75.000.000;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
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3. Chairpersons of People’s Committees of provinces
or central-affiliated cities (hereinafter referred to as
“provincial-level") 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) Impose the remedial measures specified in
Article 4 of this Decree.
Article 39. Power to impose penalties of
inspectors in vocational education and training field
1. On-duty inspectors and persons assigned to carry
out specialized inspections in the vocational education and training field
shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 2.000.000;
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 provincial Departments of Labour, War Invalids and Social
Affairs, heads of specialized inspection teams established by provincial
Departments of Labour, War Invalids and Social
Affairs, and heads of specialized inspection teams established by the
Directorate of Vocational Education and Training shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 75.000.000;
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 150.000.000;
dd) Impose the remedial measures specified in
Article 4 of this Decree.
3. Heads of
specialized inspection teams in the vocational education and training
field established by the Ministry of
Labour, War Invalids and Social Affairs of Vietnam shall have the power to:
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b) Impose a fine up to VND 105.000.000;
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 210.000.000;
dd) Impose the remedial measures specified in
Article 4 of this Decree.
4. The Chief Inspector of the Ministry of Labour,
War Invalids and Social Affairs of Vietnam, and Director General of the
Directorate of Vocational Education and Training 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;
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Article 40. Power to impose penalties of
people’s public security forces
1. On-duty heads of
police stations and leaders of soldiers of people’s public security
forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.500.000.
2. Commune-level police chiefs, heads of police
posts, heads of police stations at border gates and export processing zones,
heads of police stations at international airports shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 2.500.000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 5.000.000;
d) Impose the remedial measures specified in Point
a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.
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a) Issue warning;
b) Impose a fine up to VND 30.000.000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 60.000.000;
d) Suspend licenses/practicing certificates or
suspend operations for fixed periods;
dd) Impose the remedial measures specified in
Article 4 of this Decree, except those specified in Points e and i Clause 1
Article 28 of the Law on Penalties for Administrative Violations.
4. Directors of
Provincial-level Police Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 75.000.000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
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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.
5. Directors of the Internal
Political Security Department, the Police Department for Administrative
Management of Social Order, and the Investigation Police Department for Social
Order-related Crimes 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) 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.
6. Director of the Immigration Department shall
have the power to:
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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;
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.
Article 41. Power to impose penalties of
diplomatic missions, consular missions, and other overseas missions authorized
to perform consular tasks of the Socialist Republic of Vietnam
Heads of diplomatic missions, consular missions and
other overseas missions authorized to perform consular functions of the Socialist
Republic of Vietnam shall have the power to:
1. Issue warning.
2. Impose a fine up to VND 150.000.000.
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4. 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.
Article 42. Determination of power to impose
penalties
1. Chairpersons of People’s Committees at all
levels shall have the power to impose penalties according to the provisions of
Article 38 of this Decree and within the ambit of their assigned functions,
tasks and powers, for the violations prescribed in:
a) Clauses 1, 2 and 3 Article 6; Clauses 2, 3, 4,
6, 7, 8 and 9 Article 7; Article 8; Clause 1, Points a and b Clause 2, Clause 3
Article 10; Clause 1, Points a and b Clause 2, Points a and b Clause 3, Clauses
4 and 5 Article 11; Clauses 1, 2, 3, 4 and 7 Article 12; Articles 13, 14, 16
and 17; Clauses 1 and 2 Article 18; Points a and b Clause 1, Points a and b
Clause 2, Clauses 4, 5, 6, 7 and 8 Article 19; Article 20; Article 21; Clauses
1, 2, 3, 4 and 5 Article 22; Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 33
and 34 of this Decree;
b) Clauses 4 and 5 Article 6; Clause 4 Article 10;
Clause 3 Article 18 of this Decree, unless the violating entities are
foreigners.
2. Inspectors in the vocational education and
training field shall have the power to impose penalties according to the
provisions of Article 39 of this Decree and within the ambit of their assigned
functions, tasks and powers, for the violations prescribed in Chapter II of
this Decree, except cases of violation specified in Clauses 4 and 5 Article 6;
Clause 4 Article 10; Clause 3 Article 18 of this Decree where the violating
entities are foreigners.
3. Power to impose penalties of people’s public
security forces
People’s public security forces shall have the
power to impose penalties according to the provisions of Article 40 of this
Decree and within the ambit of their assigned functions, tasks and powers, for
the violations prescribed in Clause 1, Point a Clause 2, Clauses 3, 4 and 5
Article 6; Point a Clause 1, Clauses 2 and 3 Article 7; Clause 1, Points b and
d Clause 3, Clause 4 Article 8; Clauses 1 and 3 Article 9; Points a and b
Clause 1, Clauses 2, 3 and 4 Article 10; Clause 1, Points a and b Clause 2,
Points a and b Clause 3, Clauses 4 and 5 Article 11; Clauses 1, 2 and 3 Article
16; Clauses 1 and 3 Article 18; Points a and b Clause 1, Points a and b Clause
2 and Clause 8 Article 19; Clauses 3, 4 and 5 Article 20; Clauses 1 and 3
Article 21; Clause 3 Article 22; Clause 1 Article 23; Clause 1 Article 27;
Article 28; Clause 1 Article 30; Article 33; Clause 1 Article 34; Points b and
c Clause 2, Point b Clause 3, Point a Clause 6 Article 35; Point b Clause 2 and
Clause 3 Article 36 of this Decree.
4. Heads of diplomatic missions, consular missions,
and other overseas missions authorized to perform consular tasks of the
Socialist Republic of Vietnam shall have the power to impose penalties
according to the provisions of Article 41 of this Decree and within the ambit
of their assigned functions, tasks and powers, for the violations prescribed in
Article 21 of this Decree.
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IMPLEMENTATION
Article 43. Effect
1. This Decree comes into force from December 12,
2022.
2. The Government’s Decree No. 79/2015/ND-CP dated
September 14, 2015 prescribing penalties for administrative violations against
regulations on vocational education and training shall cease to have effect
from the effective date of this Decree.
Article 44. Transition
1. Regulations hereof shall apply to the violations
in the vocational education and training field which have been committed before
the effective date of this Decree but detected afterwards or are put under consideration if this Decree does not
provide for legal liability or impose less serious legal liability.
2. In case a violating entity files a complaint
against a decision on imposition of penalties for administrative violations in
the vocational education and training field which has been issued or
implemented before the effective date of this Decree, such complaint shall be
settled in accordance with the Decree No. 79/2015/ND-CP dated September 14,
2015.
Article 45. 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.
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ON BEHALF OF
THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Vu Duc Dam