Nghị định 04/2021/NĐ-CP xử phạt vi phạm hành chính lĩnh vực giáo dục

 

                                              

DECREE

On sanctioning of administrative violations in education

___________________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Higher Education dated June 18, 2012 and the Law Amending and Supplementing a Number of Articles of the Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Vocational Education dated November 27, 2014;

Pursuant to the Education Law dated June 14, 2019;

At the proposal of the Minister of Education and Training;

The Government hereby promulgates the Decree on sanctioning of administrative violations in education.

 

Chapter I
GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree stipulates acts of administrative violations, sanctioning forms and levels, and remedial measures; competence to make written records and impose sanction of administrative violations, and specific fine levels for administrative violations according to each title in education.

Article 2. Subjects of application

1. Vietnamese and foreign organizations and individuals (hereinafter referred to as organizations and individuals) that commit acts of administrative violations specified in this Decree on Vietnam's territory.

Organizations that may be sanctioned for administrative violations according to this Decree include:

a) Early childhood education institutions; general education institutions; continuing education institutions; intermediate schools and colleges with teacher training disciplines; higher education institutions; academies and institutes established by the Prime Minister in accordance with the Law on Science and Technology, licensed to provide doctoral training (hereinafter referred to as academies and institutes licensed to provide doctoral training);

b) Specialized schools and other education institutions; Vietnam-based representative offices of foreign education institutions; Vietnam-based branches of foreign-invested education institutions; education institutions within the political organizations, socio-political organizations, socio-politico-professional organizations, social organizations and socio-professional organizations other than those specified at Point a, Clause 1 of this Article and institutions being legal entities other than education institutions providing early childhood education, general education program; training at intermediate and college levels with teacher training disciplines; training at bachelor’s, master’s and doctor’s levels; improving the professional qualifications and skills within the ambit of the state management of the Ministry of Education and Training;

c) Educational quality accreditation institutions; overseas study counseling service providers and institutions providing services associated with education activities under the state management of the Ministry of Education and Training (hereinafter referred to as educational service providers);

d) Vocational education institutions conducting joint training at bachelor's level.

2. The persons competent to make written records and impose sanction of administrative violations, and relevant organizations and individuals.

3. If case cadres, civil servants and public employees commit acts of administrative violations in education while performing their duties or tasks and such acts falling within the scope of assigned duties or tasks under legal documents or administrative documents issued by the competent agencies or persons, they shall not be sanctioned according to this Decree but handled in accordance with the law on cadres, civil servants and public employees.

State agencies that commit acts of violations which fall under their assigned state management tasks in education field shall not be sanctioned according to this Decree but handled in accordance with the relevant laws.

Article 3. Sanctioning forms and levels

1. Principal sanctions:

a) Warning;

b) Fine.

2. Additional sanctions:

a) Confiscation of material evidences and means used for commission of administrative violations;

b) Expulsion;

c) Suspension of operation for a definite time.

3. Sanctioning levels:

a) Maximum fine levels applicable to the field of education to be imposed on individuals and organizations are VND 50,000,000 and VND 100,000,000, respectively;

b) Fine levels specified in Chapter II of this Decree are that applicable to administrative violations committed by organizations; fine levels specified in Clause 5, Article 9; Clause 2, Article 11; Clause 1 and Points a, b, c, d and e, Clause 3, Article 14; Point b, Clause 3, Article 21; Clause 1, Article 23; Clause 1, Article 29 of this Decree are that applicable to administrative violations committed by individuals. For the same act of administrative violation, the fine to be imposed on an organization is 2 times that of the fine imposed on an individual.

Article 4. Remedial measures

Apart from the remedial measures mentioned at Points a, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations, acts of administrative violation in the field of education might have to be taken one of the following remedial measures:

1. Forcible annulment of documents that have been issued ultra vires or contain unlawful details.

2. Forcible destruction of books, textbooks, lectures, materials and teaching equipment.

3. Forcible organization of re-examination and re-assessment of learners’ results.

4. Forcible assurance of candidates’ rights and interests.

5. Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer.

6. Forcible return of learners’ records and papers.

7. Forcible refund of collected amounts and payment of all expenses for organizing the refund.

8. Forcible reduction of the enrollment quotas for the following year by the excess in the previous year.

9. Forcible destruction of blank diplomas and certificates.

10. Forcible destruction of diplomas and certificates.

11. Forcible destruction of diploma and certificate copies.

12. Forcible cancellation of assessment recognition results or education quality accreditation results.

13. Forcible re-submission and proposal of withdrawal of papers and documents issued by competent agencies.

14. Forcible transfer of learners to venues licensed or registered for educational operation.

15. Forcible teaching with sufficient class hours and study volumes or arrangement of teaching with sufficient class hours and study volumes.

16. Forcible organization of dissertation, thesis defense or re-organization of dissertation, thesis defense as prescribed.

17. Forcible assurance of the safety of school and classroom facilities.

18. Forcible annulment of discipline decisions and restoration of the right to learn.

19. Forcible remittance of illegal spending into the state budget.

20. Forcible publicization as prescribed.

21. Forcible public apology to person whose honor and dignity has been offended; person whose body is infringed, unless such person or his/her legal representative (for minor) requests no public apology.

22. Forcible refund of illegal spending from funding sources.

 

Chapter II

ACTS OF VIOLATION, SANCTIONING FORMS AND LEVELS, REMEDIAL MEASURES

 

Section 1

ACTS OF VIOLATION OF REGULATIONS ON ESTABLISHMENT, PERMISSION FOR ESTABLISHMENT; MERGER, DIVISION, SPLITTING AND DISSOLUTION OF EDUCATIONAL INSTITUTIONS OR EDUCATIONAL SERVICE PROVIDERS; TRANSFORMATION OF TYPES OF EDUCATIONAL INSTITUTIONS

 

Article 5. Violation of regulations on establishment, permission for establishment; merger, division, splitting and dissolution of educational institutions or educational service providers; transformation of types of educational institutions

1. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the acts of erasing, crossing out, falsifying information on one of the following documents:

a) A decision on establishment, decision permitting the establishment; decision on merger, division, splitting, dissolution or transformation of type of an educational institution;

b) A decision on establishment, decision permitting the establishment; decision on merger, division, splitting or dissolution of an education quality accreditation organization.

2. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the acts of establishing or permitting the establishment; dissolving educational service providers without permission from competent agencies.

3. Acts of establishing or permitting the establishment, merging, dividing, splitting, dissolving; transforming the type of education institutions without permission from competent agencies shall be fined at the following levels:

a) Between VND 7,000,000 and VND 10,000,000, for childcare groups, pre-primary classes;

b) Between VND 10,000,000 and VND 20,000,000, for pre-primary schools, early childhood schools, nurseries;

c) Between VND 20,000,000 and VND 40,000,000, for general education institutions, continuing education institutions;

d) Between VND 40,000,000 and VND 60,000,000, for intermediate schools with teacher training disciplines;

dd) Between VND 60,000,000 and VND 80,000,000, for colleges with teacher training disciplines;

e) Between VND 80,000,000 and VND 100,000,000, for higher education institutions.

4. Additional sanctions:

a) Confiscation of material evidences being decisions on establishment, decisions permitting the establishment, decisions on merger, division, splitting, dissolution or transformation of types of educational institutions; decisions on establishment, decisions permitting the establishment, decisions on merger, division, splitting, dissolution of education quality accreditation organizations that are erased, crossed out or falsified, for the acts of violation specified in Clause 1 of this Article;

b) Expulsion from Vietnam, for foreigners committing acts of violation specified in Clause 3 of this Article.

5. Remedial measures: Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified in Clauses 1, 2 and 3 of this Article.

Article 6. Violation of regulations on permission for permitting education activities, registration for vocational education activities, registration or recognition of educational service provision

1. Acts of failing to satisfy one of conditions for permitting education activities, registration for vocational education activities; registration, permission or recognition of educational service provision shall be fined at the following levels:

a) Between VND 5,000,000 and VND 10,000,000 for early childhood education institutions;

b) Between VND 10,000,000 and VND 20,000,000, for general education institutions, continuing education institutions, educational service providers;

c) Between VND 20,000,000 and VND 30,000,000, for intermediate schools, colleges with teacher training disciplines;

d) Between VND 30,000,000 and VND 40,000,000 for higher education institutions; academies and institutes licensed to provide doctoral training.

2. Acts of organizing education activities or providing educational services outside the permitted or registered venues shall be fined at the following levels:

a) Between VND 5,000,000 and VND 10,000,000, for early childhood education institutions;

b) Between VND 10,000,000 and VND 20,000,000, for general education institutions, continuing education institutions, educational service providers;

c) Between VND 20,000,000 and VND 40,000,000, for intermediate schools, colleges with teacher training disciplines;

d) Between VND 40,000,000 and VND 60,000,000 for higher education institutions; academies and institutes licensed to provide doctoral training.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the acts of erasing, crossing out, falsifying information on decisions permitting education activities or vocational education registration certificates; certificates of registration or decisions permitting operation, decisions on recognition of operation of educational service providers.

4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the acts of defrauding to obtain permission for education activities; registration of vocational education activities, registration or recognition of educational service providers.

5. Acts of organizing education activities or providing educational services without permission, operation registration certificates or recognition shall be fined at the following levels:

a) Between VND 10,000,000 and VND 20,000,000, for early childhood education institutions;

b) Between VND 20,000,000 and VND 40,000,000, for general education institutions, continuing education institutions, educational service providers;

c) Between VND 40,000,000 and VND 60,000,000, for intermediate schools with teacher training disciplines;

d) Between VND 60,000,000 and VND 80,000,000, for colleges with teacher training disciplines;

dd) Between VND 80,000,000 and VND 100,000,000 for higher education institutions; academies and institutes licensed to provide doctoral training.

6. Additional sanctions:

a) Suspension of education operation or educational service provision for a definite time of between 06 and 12 months, applicable to the acts of violation specified in Clause 1 of this Article;

b) Confiscation of material evidences being decisions permitting education activities or vocational education registration certificates; certificates of registration or decisions permitting operation, decisions on recognition of operation of educational service providers that are erased, crossed out or falsified, for the acts of violation specified in Clause 3 of this Article;

c) Expulsion from Vietnam, for foreigners committing acts of violation specified in Clauses 3, 4 and 5 of this Article.

7. Remedial measures:

a) Forcible transfer of learners to venues licensed or registered for educational operation, for the acts of violation specified in Clause 2 of this Article;

b) Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified in Clauses 1, 3,4 and 5 of this Article;

c) Forcible return and proposal of withdrawal of decisions permitting education activities or vocational education registration certificates; certificates of registration or decisions on recognition of operation of educational service providers, for the acts of violation specified in Clause 4 of this Article.

              Article 7. Violation of regulations on organization of management of education institutions

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

b) Failing to disclosure of sufficient information as prescribed in the regulation on publicization applicable to education and training institutions under the national education system and other relevant legal documents;

b) Insufficiently or improperly implementing information and reporting mechanism in accordance with current laws;

c) Making incorrect periodical reports and irregular reports;

d) Using the name or locating the headquarter in a place other than that stated in the decision on establishment or decision permitting establishment;

dd) Failing to performing or improperly performing explanation responsibility in accordance with current laws.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following acts of violation:

a) Inadequately promulgating documents under the education institution's responsibility in accordance with current laws;

b) Disclosing incorrect information in accordance with current laws;

c) Failing to disclose information in accordance with current laws;

d) Failing to implement the information and reporting mechanism in accordance with current laws;

dd) Failing to send notices or decisions of higher education institutions to the Ministry of Education and Training in accordance with current laws.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the acts of issuing documents ultra vires or documents containing unlawful details.

4. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for the acts of failing to establish the higher education institution's school council in accordance with current laws.

5. Remedial measures:

a) Forcible publicization as prescribed, for the acts of the violation specified at Point a, Clause 1 and Point c, Clause 2 of this Article;

b) Forcible correction of untruthful information, for the acts of violation specified at Point b, Clause 2 of this Article;

c) Forcible annulment of documents that have been issued ultra vires or contain unlawful details, for the acts of violation specified in Clause 3 of this Article.

 

Section 2

ACTS OF VIOLATION OF REGULATIONS ON ENROLLMENT

 

Article 8. Violation of regulations on organization of enrollment

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

a) Announcing the enrollment, enrollment plan improperly or insufficiently in accordance with current law;

b) Announcing the enrollment latter than the prescribed time.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following acts of violation:

a) Announcing the enrollment quotas in excess of that specified in the regulations on determination of enrollment quotas;

b) Failing to implement the enrollment in accordance with the enrollment process as prescribed by current laws.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of the following acts of violation:

a) Failing to announce the threshold of input quality assurance applicable to the disciplines requiring the threshold of input quality assurance;

b) Failing to carry out the enrollment according to the announced enrollment plan.

4. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for the acts of organizing the enrollment for disciplines or majors, or foreign educational programs without permission.

5. Additional sanctions: Expulsion from Vietnam, for foreigners committing acts of violation specified in Clause 4 of this Article.

6. Remedial measures: Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified in Clause 4 of this Article.

              Article 9. Violation of regulations on enrollment objects

1. Acts of enrolling wrong pupils as prescribed in the enrollment regulations at upper secondary level shall be fined at the following levels:

a) Between VND 1,000,000 and VND 3,000,000, for acts of wrongly enrolling less than 10 pupils;

b) Between VND 3,000,000 and VND 5,000,000, for acts of wrongly enrolling between 10 and less than 30 pupils;

c) Between VND 5,000,000 and VND 10,000,000, for acts of wrongly enrolling 30 pupils or more.

2. Acts of enrolling wrong students for training at intermediate and college levels with teacher training disciplines shall be fined at the following levels:

a) Between VND 5,000,000 and VND 10,000,000, for acts of wrongly enrolling less than 10 students;

b) Between VND 10,000,000 and VND 20,000,000, for acts of wrongly enrolling between 10 and less than 30 students;

c) Between VND 20,000,000 and VND 30,000,000, for acts of wrongly enrolling 30 students or more.

3. Acts of enrolling wrong students as prescribed in the enrollment regulations for training at bachelor’s level shall be fined at the following levels:

a) Between VND 10,000,000 and VND 30,000,000, for acts of wrongly enrolling less than 10 students;

b) Between VND 30,000,000 and VND 70,000,000, for acts of wrongly enrolling between 10 and less than 30 students;

c) Between VND 70,000,000 and VND 100,000,000, for acts of wrongly enrolling 30 students or more.

4. Acts of enrolling wrong learners as prescribed in the enrollment regulations for training at master’s and doctor’s levels shall be fined at the following levels:

a) Between VND 20,000,000 and VND 40,000,000, for acts of wrongly enrolling less than 05 learners;

b) Between VND 40,000,000 and VND 70,000,000, for acts of wrongly enrolling between 05 and less than 10 learners;

c) Between VND 70,000,000 and VND 100,000,000, for acts of wrongly enrolling 10 learners or more.

5. A fine of VND 10,000,000 and VND 20,000,000 shall be imposed for the acts of making false declaration or modifying papers in the enrollment files for purpose of being enrolled, but are not serious enough for penal liability examination.

6. Additional sanctions: Suspension of enrollment operation for a definite time of between 06 and 12 months; for the acts of violation specified at Point c, Clause 3 and Point c, Clause 4 of this Article.

7. Remedial measures:

a) Forcible annulment of the admission decision; forcible refund of collected amounts to learners and payment of all expenses for organizing the refund for the acts of violation specified in Clauses 1, 2, 3 and 4 of this Article, if both the violators and learners are at fault in these violations;

b) Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, for acts of violation specified in Clauses 1, 3,4 and 4 of this Article, if the learners are not at fault in these violations;

c) Forcible return and proposal of withdrawal of admission decisions by competent agencies, for acts of violation specified in Clause 5 of this Article.

Article 10. Violation of regulations on enrollment quotas

1. Acts of enrollment in excess of enrollment quotas at upper secondary level shall be fined at the following levels:

a) Between VND 1,000,000 and VND 3,000,000, for acts of enrollment in excess of the quotas by between 3% and under 10%;

b) Between VND 3,000,000 and VND 6,000,000, for acts of enrollment in excess of the quotas by between 10% and under 15%;

c) Between VND 6,000,000 and VND 10,000,000, for acts of enrollment in excess of the quotas by between 15% and under 20%;

d) Between VND 10,000,000 and VND 20,000,000, for acts of enrollment in excess of the quotas by 20% or more.

2. Acts of enrolling students for training at intermediate and college levels with teacher training disciplines in excess of the quotas under the regulation on enrollment determination shall be fined at the following levels:

a) Between VND 2,000,000 and VND 4,000,000, for acts of enrollment in excess of the quotas by between 3% and under 10%;

b) Between VND 4,000,000 and VND 10,000,000, for acts of enrollment in excess of the quotas by between 10% and under 15%;

c) Between VND 10,000,000 and VND 20,000,000, for acts of enrollment in excess of the quotas by between 15% and under 20%;

d) Between VND 20,000,000 and VND 40,000,000, for acts of enrollment in excess of the quotas by 20% or more.

3. Acts of enrolling students for training at bachelor’s level in excess of the quotas under the regulation on enrollment determination shall be fined at the following levels:

a) Between VND 5,000,000 and VND 10,000,000, for acts of enrollment in excess of the quotas by between 3% and under 10%;

b) Between VND 10,000,000 and VND 30,000,000, for acts of enrollment in excess of the quotas by between 10% and under 15%;

c) Between VND 30,000,000 and VND 50,000,000, for acts of enrollment in excess of the quotas by between 15% and under 20%;

d) Between VND 50,000,000 and VND 70,000,000, for acts of enrollment in excess of the quotas by 20% or more.

4. Acts of enrolling students for training at master’s and doctor’s levels in excess of the quotas under the regulation on enrollment determination shall be fined at the following levels:

a) Between VND 10,000,000 and VND 20,000,000, for acts of enrollment in excess of the quotas by between 3% and under 10%;

b) Between VND 20,000,000 and VND 40,000,000, for acts of enrollment in excess of the quotas by between 10% and under 15%;

c) Between VND 40,000,000 and VND 60,000,000, for acts of enrollment in excess of the quotas by between 15% and under 20%;

d) Between VND 60,000,000 and VND 80,000,000, for acts of enrollment in excess of the quotas by 20% or more.

5. Remedial measures: Forcible reduction of the enrollment quotas for the following year by the excess in the previous year, for acts of violation specified in Clauses 1, 2, 3 and 4 of this Article.

 

Section 3

ACTS OF VIOLATION OF REGULATIONS ON EDUCATIONAL PROGRAMS, CONTENTS, PERMEABLE AND JOINT TRAINING

 

Article 11. Violation of regulations on educational duration, programs, and contents

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the acts of failing to make sufficient records and books as prescribed or failing to use teaching equipment that has been equipped according to regulations.

2. A warning or fines shall be imposed for acts of failing to teach adequate class hours or study volume in the educational program of a course component or subject, at the following levels:

a) A warning shall be imposed for violations involving less than 5 class hours;

b) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for a violation involving between 5 and less than 10 class hours;

c) A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for a violation involving between 10 and less than 15 class hours;

d) A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for a violation involving 15 class hours or more.

3. A warning or fines shall be imposed for acts of failing to teach adequate class hours or study volume in the educational program, at the following levels:

a) A warning shall be imposed for violations involving less than 5 class hours;

b) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for a violation involving between 5 and less than 10 class hours;

c) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for a violation involving between 10 and less than 15 class hours;

d) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for a violation involving 15 class hours or more.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of failing to organize the thesis defense or dissertation or graduation project defense as prescribed in the educational program.

5. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts of violation:

a) Organizing master's and doctoral thesis assessment when the learners have not yet completed their programs as prescribed;

b) Failing to form master and doctoral thesis assessment councils with the composition as prescribed.

6. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the acts of failing to develop educational programs applicable to all levels of the higher education in accordance with current laws.

7. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the acts of failing to conduct education activities according to the duration of education or training, or forms of training applicable to foreign educational programs.

8. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the acts of failing to teach foreign educational programs according to the programs stated in the licensing dossiers.

9. Additional sanctions: Suspension of education operation for a definite time of between 06 and 12 months, for the acts of violation specified in Clauses 7 and 8 of this Article.

10. Remedial measures:

a) Forcible teaching with sufficient class hours and study volumes or arrangement of teaching with sufficient class hours and study volumes, for acts of violation specified in Clauses 2 and 3 of this Article;

b) Forcible organization of dissertation, thesis defense, for acts of violation specified in Clause 4 of this Article;

c) Forcible re-organization of dissertation, thesis defense, for acts of violation prescribed at Point b, Clause 5 of this Article;

d) Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified in Clauses 7 and 8 of this Article.

Article 12. Violation of regulations on opening training disciplines or majors

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the acts of autonomously opening training disciplines or majors in contravention of order and procedures specified by current laws.

2. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violation:

a) Autonomously opening training disciplines or majors without satisfying one of conditions applicable to one discipline or major;

b) Defrauding to get permission to open a training discipline or major;

c) Failing to maintain one of conditions for opening training disciplines or majors in accordance with current laws.

3. Additional sanctions: Suspension of education operation of a discipline or major for a definite time of between 06 and 12 months, for acts of violation specified at Point c, Clause 2 of this Article.

a) Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified in Clause 2 of this Article;

b) Forcible return and proposal of withdrawal of decisions permitting opening training disciplines or majors by competent agencies, for acts of violation specified at Point b, Clause 2 of this Article.

Article 13. Violation of regulations on permeable and joint training

1. Acts of violation of regulations on permeable training shall be fined at the following levels:

a) Between VND 10,000,000 and VND 20,000,000, for acts of failing to report the Ministry of Education and Training; failing to disclose or insufficiently disclose information on permeable training on the higher education institutions’ websites in accordance with current laws;

b) Between VND 20,000,000 and VND 30,000,000, for the acts of autonomously organizing permeable training without fully satisfying conditions as prescribed by current laws.

2. Acts of violation of regulations on joint training shall be fined at the following levels:

a) Between VND 10,000,000 and VND 20,000,000, for acts of entering a contract on joint training without sufficient information on tuition fees, admission fees, and responsibilities of the parties engaged in join training in accordance with current laws;

b) Between VND 20,000,000 and VND 30,000,000, for acts of violating responsibilities of the parties engaged in join training;

c) Between VND 30,000,000 and VND 40,000,000, for acts of joint training in granting formal diplomas;

d) Between VND 40,000,000 and VND 50,000,000, for acts of failing to conduct joint training with partners in accordance with current laws;

dd) Between VND 50,000,000 and VND 60,000,000, for acts of conducting joint training without obtaining written permits to conduct joint training issued by competent State agencies or autonomously conduct joint training without satisfying conditions in accordance with current laws.

3. Additional sanctions: Suspension of joint training operation for a definite time of between 06 and 12 months; for the acts of violation specified at Point b, Clause 1 and Point dd, Clause 2 of this Article.

a) Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified at Point b, Clause 1 and Point dd, Clause 2 of this Article;

b) Forcible transfer of learners to venues licensed for educational operation, for the acts of violation specified at Points c and d, Clause 2 of this Article.

 

Section 4

ACTS OF VIOLATION OF REGULATIONS ON TESTS, EXAMINATIONS AND ASSESSMENT OF STUDY RESULTS

 

Article 14. Violation of regulations on examinations

1. Fines of between VND 6,000,000 and 8,000,000 shall be imposed for acts of disturbing or threatening to use force to prevent examinees and examination managers, supervisors, superintendents, examination paper markers or stewards from performing their tasks.

2. A fine of between VND 8,000,000 and VND 12,000,000 shall be imposed for the acts of providing untruthful information on examinations.

3. Acts of violation of regulations on examinations shall be fined at the following levels:

a) Between VND 1,000,000 and VND 2,000,000, for acts of entering the examination area without permission; bring documents, information and objects that are not allowed into the examination room, examination area;

a) Between VND 2,000,000 and VND 6,000,000, for acts of doing the examination for the candidate or assisting the candidate to do the examination;

a) Between VND 6,000,000 and VND 8,000,000, for acts of writing additional information or correcting the content of examination papers or changing test scores in contravention of regulations, but are not serious enough for penal liability examination;

d) Between VND 8,000,000 and VND 12,000,000, for acts of fraudulently altering examination papers, but are not serious enough for penal liability examination;

dd) Between VND 12,000,000 and VND 14,000,000, for acts of organizing to make score sheets in contravention of regulations, but are not serious enough for penal liability examination;

e) Between VND 14,000,000 and VND 16,000,000, for acts of sitting examinations on other examinees’ behalf or for purpose of helping other examinees, or ask others to do the examinations or sit examinations for purpose of helping in examinations.

4. A fine of between VND 13,000,000 and VND 15,000,000 shall be imposed for acts of causing loss of examinees’ examination papers.

a) Forcible correction of untruthful information, for the acts of violation specified in Clause 2 of this Article;

b) Forcible restoration of the original state which is altered due to acts of violation specified at Point c, Clause 3 of this Article;

c) Forcible assurance of candidates’ rights and interests, for acts of violation prescribed at Points c, d, dd, Clause 3 and Clause 4 of this Article.

Article 15. Violation of regulations on organization of examinations and assessment of study results of learners

1. A fine of between VND 2,000,000 and VND 15,000,000 shall be imposed for the acts of failing to organize examinations and assess study results of learners in accordance with current laws.

2. Remedial measures: Forcible organization of re-examination and re-assessment of learners’ results, for acts of violation specified in Clause 1 of this Article.

 

Section 5

ACTS OF VIOLATION OF REGULATIONS ON OVERSEAS STUDY COUNSELING, FOREIGN COOPERATION AND INVESTMENT IN EDUCATION

 

Article 16. Violation of regulations on overseas study counseling

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

a) Failing to disclose information related to foreign education institutions or the status of inspection or recognition of the quality of foreign education institutions or educational programs applicable to those who wish to study abroad;

b) Disclosing incorrect information related to overseas study counseling service providers, incorrect information related to foreign education institutions or the status of inspection or recognition of the quality of foreign education institutions or educational programs applicable to those who wish to study abroad;

c) Failing to make reports in accordance with current laws.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the acts of leasing or lending the certificate of registration for providing overseas study counseling services.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of the following acts of violation:

a) Counseling and sending learners to foreign education institutions that carry out higher education programs, master and doctoral education programs that have not been accredited or recognized for quality in the host country;

b) Counseling and sending learners to education institutions without entering contracts with foreign education institutions;

c) Failing to enter contracts of overseas study counseling with those who wish to study abroad or their parents or lawful guardians;

d) Failing to perform or insufficiently performing responsibilities and obligations of overseas study counseling service providers for learners that they have provided consultancy and send abroad.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the acts of continuing to provide overseas study counseling service during the period of suspension from providing such service.

5. Additional sanctions: Suspension from operation of providing overseas study counseling services for a definite time of between 03 and 06 months; for the acts of violation specified at Point b, Clause 1 and Clause 2, Clause 3 of this Article.

6. Remedial measures:

a) Forcible correction of untruthful information, for the acts of violation specified at Point b, Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of acts of violation specified in Clause 2 of this Article;

c) Forcible refund of collected amounts and payment of all expenses for organizing the refund, for acts of violation specified at Point b, Clause 1 and Points a, b, Clause 3 of this Article.

Article 17. Violation of regulations on operation of Vietnam-based representative offices of foreign education institutions

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the acts of continuing to operate after the expiry date of the permit to operate in Vietnam.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following acts of violation:

a) Defrauding to be permitted to establish representative offices;

b) Failing to operate according to the decisions permitting to establish representative offices or operation registration certificates;

c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the acts of operating without obtaining a permit to establish or permit to operate in Vietnam.

3. Additional sanctions: Suspension of operation of the Vietnam-based representative office of foreign education institution for a definite time of between 03 and 06 months, for acts of violation specified at Point b, Clause 2 of this Article.

4. Remedial measures:

a) Forcible return and proposal of withdrawal of decisions permitting to establish representative offices, for acts of violation specified at Point a, Clause 2 of this Article;

b) Forcible refund of illicit profits earned through the commission of violations specified at Point b, Clause 2 of this Article.

Article 18. Violation of regulations on admitting Vietnamese students to study foreign educational programs at foreign-invested early childhood education and general education institutions

1. A fine of between VND 30,000,000 and VND 60,000,000 shall be imposed for the acts of enrolling Vietnamese students to study the foreign educational program at a foreign-invested early childhood education or general education institution, in which the number of Vietnamese students is higher than 50% of the total number of students studying the foreign educational program at an educational institution.

2. Remedial measures: Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified in Clause 1 of this Article.

Article 19. Violation of regulations on joint education or joint training foreign partners

1. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of the following acts of violation:

a) Failing to satisfy one of conditions for conducting joint education or training;

b) Defrauding to obtain competent agencies’ approvals to conduct joint education or training.

2. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for the acts of failing to organize the teaching of a joint training or education program according to the contents approved by the competent agency.

3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the act of conducting joint training or education after the expiry date as stated in the decision on approval, decision on extension or modification of joining, without permission for further extension or modification.

4. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Conducting joint training or education without obtaining a written approval from the competent agency;

b) Autonomously conducting joint training without satisfying prescribed conditions.

5. Additional sanctions: Suspension of joint training or education operation for a definite time of between 06 and 12 months, for the acts of violation specified in Clauses 1 and 2 of this Article.

6. Remedial measures: Forcible transfer of learners who are eligible for admission and have enrolled to another educational institution eligible for permission to conduct educational activities, or forcible annulment of the admission decision, and refund of money amounts already collected from learners in case of failing to transfer, for acts of violation specified in Clause 4 of this Article.

Article 20. Violation of regulations on jointly organizing examinations to grant foreign certificates of foreign-language proficiency

1. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of the following acts of violation:

a) Failing to satisfy one of the conditions for jointly organizing examinations to grant foreign certificates of foreign-language proficiency;

b) Defrauding to obtain the competent agency's approval for jointly organizing examinations to grant foreign certificates of foreign-language proficiency.

2. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the acts of jointly organizing examinations to grant foreign certificates of foreign-language proficiency after the expiry date as stated in the decision on approval or extension of joining, without permission for further extension.

3. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for the acts of granting certificates without obtaining the competent agencies’ decisions on approval of jointly organizing examinations to grant foreign certificates of foreign-language proficiency.

4. Additional sanctions:

a) Suspension of joining activities for a definite time of between 06 and 12 months, for the acts of violation specified in Clauses 1 and 2 of this Article;

b) Confiscation of amounts of money collected through the commission of acts of violation to forfeiture into the state budget as prescribed by law, for acts of violation specified in Clauses 2 and 3 of this Article, in case it is impossible to take the remedial measure of refund of collected amount.

5. Remedial measures: Forcible refund of collected amounts and payment of all expenses for organizing the refund, for acts of violation specified in Clauses 2 and 3 of this Article.

 

Section 6
ACTS OF VIOLATION OF REGULATIONS ON MANAGEMENT, GRANT AND USE OF DIPLOMAS AND CERTIFICATES

 

Article 21. Violation of regulations on grant and management of diplomas and certificates under the Ministry of Education and Training’s state management

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

a) Failing to issue or issuing regulations on preservation, storage, use and grant of diplomas and certificates with insufficient contents in accordance with current laws;

b) Failing to ensure fire prevention facilities and equipment to preserve diplomas, certificates and records in accordance with current laws;

c) Failing to issue decisions on modifying or re-granting diplomas and certificates according to the law on order and procedures; contents, competence and time limit;

d) Failing to grant copies of diplomas and certificates in accordance with current laws.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following acts of violation:

a) Failing to grant diplomas and certificates or their copies within the time limit as prescribed by law;

b) Failing to revoke or destroy diplomas and certificates in accordance with current laws;

c) Failing to grant or granting appendices to higher education's diplomas in contravention of current laws;

d) Failing to make or making incomplete or inaccurate dossiers of grant and management of diplomas and certificates according to current laws.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of the following acts of violation:

a) Granting diplomas, certificates and their copies in contravention of current laws, except for acts of violation specified at Point a, Clause 2 of this Article;

b) Defrauding to be granted with diplomas, certificates and their copies.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the acts of failing to develop a database to manage diplomas and certificates.

5. Remedial measures:

a) Forcible annulment of documents containing unlawful details; destruction of diplomas and certificates that are re-granted in contravention of current law on contents or competence, for the acts of violation specified at Point c, Clause 1 of this Article;

b) Forcible destruction of diplomas, certificates or their copies, for the acts of violation specified in Clause 3 of this Article.

Article 22. Violation of regulations on printing and managing blank diplomas and certificates under the Ministry of Education and Training’s state management

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

a) Failing to ensure fire prevention facilities and equipment in printing and preserving blank diplomas and certificates in accordance with current laws;

b) Failing to make or making incomplete or inaccurate dossiers to manage the printing, grant, use, revocation and destruction of blank diplomas and certificates according to current laws;

c) Failing to regulate the setting of numbers, symbols to identify blank diplomas and certificates to serve the security, identification and prevention of counterfeiting of blank diplomas and certificates;

d) Printing blank diplomas and certificates with contents contrary to current laws;

dd) Failing to destroy blank diplomas and certificates in accordance with current laws.

2. Remedial measures: Forcible destruction of blank diplomas and certificates containing contents contrary to current laws, for the acts of violation specified at Point d, Clause 1 of this Article.

Article 23. Violation of regulations on use and disclosure of information on grant of diplomas and certificates under the Ministry of Education and Training’s state management

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violation:

a) Using others’ diplomas and certificates;

b) Lending others diplomas and certificates for use purpose;

c) Using erased or falsified diplomas and certificates.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:

a) Disclosing insufficient information on the grant of diplomas and certificates on the institutions’ websites;

b) Disclosing incorrect information on the grant of diplomas and certificates on the institutions’ websites.

3. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the acts of failing to disclose information on the grant of diplomas and certificates on the institutions’ websites.

3. Additional sanctions: Confiscation of material evidences being erased or falsified diplomas and certificates, for acts of violation prescribed at Point c, Clause 1 of this Article.

4. Remedial measures:

a) Forcible publicization as prescribed, for the acts of the violation specified at Point a, Clause 2 and Clause 3 of this Article;

b) Forcible correction of information, for the acts of violation specified at Point b, Clause 2 of this Article.

Section 7
ACTS OF VIOLATION OF REGULATIONS RELATED TO TEACHERS AND LEARNERS

 

Article 24. Violation of regulations on employment of teachers

1. Fines shall be imposed for acts of employing teachers who are unqualified according to prescribed standards at the following levels:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of violations committed in early childhood education institutions; general education institutions; continuing education institutions;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of violations committed in intermediate schools and colleges with teacher training disciplines;

c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of violations committed in higher education institutions; academies and institutes licensed to provide doctoral training.

2. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of violations of employing teachers in contravention of regulations on professional qualifications or foreign language qualifications in teaching of educational programs, joint training programs with foreign partners or teaching of programs of foreign-invested education institutions; in joint organization of foreign language certification exams.

Article 25. Violation of regulations on assurance of percentage of teachers or lecturers on permanent payroll in education institutions

Fines shall be imposed for acts of violation of regulations on percentage of teachers or lecturers on permanent payroll in education institutions at the following levels:

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of violations committed in public general education institutions having the right to organization autonomy and non-public general education institutions.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of violations committed in intermediate schools and colleges with teacher training disciplines.

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of violations committed in in higher education institutions; academies and institutes licensed to provide doctoral training.

Article 26. The acts of offending honor and dignity, infringing the body of teachers and education administrators in education institutions; violation of regulations on policies towards teachers

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of violations of offending honor and dignity, infringing the body of teachers and education administrators in education institutions that are not serious enough for penal liability examination.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of violations of policies towards teachers.

3. Remedial measures: Forcible public apology to persons whose honor and dignity has been offended; persons whose body is infringed, for the acts of violation specified in Clause 1 of this Article, unless such persons request no public apology.

Article 27. Violation of regulations on management of learners’ records

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violation:

a) Letting the modification of records or documents related to the assessment of study results of learners occurs;

b) Making records to manage learners in contravention of current law regulations;

c) Violating regulations on preservation and management of learners’ records.

2. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for any of violations of collecting and keeping learners’ records and papers in contravention of current law regulations.

3. Remedial measures:

a) Forcible restoration of the original state that has been changed, for the acts of violation specified at Point a, Clause 1 of this Article;

b) Forcible return of learners’ records and papers, for the acts of violation specified in Clause 2 of this Article.

Article 28. Violation of regulations on disciplining learners; acts of offending honor and dignity, infringing the body of learners; violation of regulations on policies towards learners

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following acts of violation:

a) Disciplining learners in contravention of current law regulations;

b) Offending honor and dignity, infringing the body of learners but such acts are not serious enough for penal liability examination.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of violations of policies towards learners.

3. Remedial measures:

a) Forcible annulment of discipline decisions and restoration of the right to learn, for the acts of violation specified at Point a, Clause 1 of this Article;

b) Forcible public apology to persons whose honor and dignity has been offended; persons whose body is infringed, for the acts of violation specified at Point b, Clause 1 of this Article, unless such persons or their legal representatives (for minors) request no public apology.

Article 29. Violation of regulations on universalization of education

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for any of acts of inciting not to attend school or inciting to drop out of school for students at education levels subject to universalization of education.

2. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for any of acts of hindering the attendance of students at education levels subject to universalization of education.

 

Section 8

ACTS OF VIOLATION OF REGULATIONS ON FACILITIES, EQUIPMENT, FINANCE AND CONDITIONS FOR ENSURING THE QUALITY

 

Article 30. Violation of regulations on procurement, receipt, use of books, textbooks, lectures, materials and teaching equipment

1. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for any of acts of purchasing, receiving, using books, textbooks, lectures, materials and teaching equipment with contents causing harms to national defense and security, sovereignty of boundaries, the sea and islands, public interest and world peace and security; distorting the State’s lines, policies or laws, opposing the State of the Socialist Republic of Vietnam; disrupting the national unity bloc, distorting history; provoking violence, propagating aggressive war; adversely affecting the cultures, ethics, fine customs and practices; disseminating superstitious beliefs, religion, bad customs and social evils that are not serious enough for penal liability examination.

2. Remedial measures: Forcible destruction of books, textbooks, lectures, materials and teaching equipment, for the acts of violation specified in Clause 1 of this Article.

Article 31. Violation of regulations on funding in education institutions

1. Fines shall be imposed for acts of violation of funding in education institutions at the following levels:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of violations of regulations on funding and receipt of funding;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of violations of regulations on management and use of funding.

2. Remedial measures: Forcible refund of illegal spending from funding sources, for the acts of violation specified at Point b, Clause 1 of this Article.

Article 32. Violation of regulations on collection and spending of education institutions

1. Violations of regulations on spending in contravention of regulations, for spending through the State Treasury that comply with the provisions of the Government's Decree on sanctioning of administrative violations in the fields of management and use of public property; thrift practice and waste combat; national reserve; State Treasury.

2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts of violation:

a) Collecting money amounts in contravention of the competent authorities’ regulations;

b) Making illegal spending in contravention of the competent authorities’ regulations, for spending other than the state budget.

3. Additional sanctions: Confiscation of amounts of money collected through the commission of acts of violation to forfeiture into the state budget as prescribed by law, for the acts of violation specified at Point a, Clause 2 of this Article, in case it is impossible to take the remedial measure of refund of collected amount.

4. Remedial measures:

a) Forcible refund of collected amounts and payment of all expenses for organizing the refund, for the acts of violation specified at Point a, Clause 2 of this Article;

b) Forcible remittance of illegal spending into the state budget, for the acts of violation specified at Point b, Clause 2 of this Article.

Article 33. Violation of regulations on requirements of assurance of the quality or the safety of school and classroom facilities

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of acts of failing to ensure the safety of school and classroom facilities in accordance with the current law regulations on standards of school and classroom facilities.

2. Fines shall be imposed for acts of failing to comply with the ratio of learners to lecturers or the ratio of construction floor area to learners at the following levels:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on education institutions with the ratio of learners to lecturers that exceeds from 50% to 100% of the prescribed norm or with the ratio of construction floor area to learners that only reaches from 50% to 90% of the prescribed norm;

b) A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed on education institutions with the ratio of learners to lecturers that exceeds 100% of the prescribed norm or more, or with the ratio of construction floor area to learners that only reaches under 50% of the prescribed norm.

3. Additional sanctions: Suspension of the enrollment operation for between 12 month and 24 months, for the acts of violation specified at Point b, Clause 2 of this Article.

4. Remedial measures: Forcible assurance of the safety of school and classroom facilities, for the acts of violation specified in Clause 1 of this Article.

Article 34. Violation of regulations on educational quality accreditation

1. Fines shall be imposed for education institutions’ acts of violation of regulations on quality assessment of education institutions, educational programs at the following levels:

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of violations of quality assessment of education institutions or educational programs in contravention of order and procedures according to current law regulations;

a) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for any of violations of reporting the untruthful results of quality assessment of education institutions or educational programs.

2. Fines shall be imposed for acts of violation of education quality accreditation institutions at the following levels:

a) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of violations of failing to publicize contents or publicizing incomplete or untruthful contents on the website of the education quality accreditation institutions according to current law regulations;

b) A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of violations of establishing external assessment teams in contravention of current law regulations;

c) A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of violations of external assessment of education institutions or educational programs in contravention of order and procedures specified in current law regulations;

d) A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for any of violations of recognizing of assessment results and granting education quality accreditation certificates without satisfying conditions prescribed in current law regulations.

3. Additional sanctions: Suspension of operation of educational quality accreditation for between 12 months and 24 months, for the acts of violation prescribed at Point d, Clause 2 of this Article.

4. Remedial measures:

a) Forcible publicization as prescribed or forcible correction of untruthful information, for the acts of violation specified at Point a, Clause 2 of this Article;

b) Forcible cancellation of assessment recognition results or education quality accreditation results, for the acts of violation prescribed at Points b and d, Clause 2 of this Article;

c) Forcible refund of collected amounts and payment of all expenses for organizing the refund, for the acts of violation specified at Points b and d, Clause 2 of this Article.

 

Chapter III
COMPETENCE TO MAKE WRITTEN RECORDS AND SANCTION ADMINISTRATIVE VIOLATIONS

 

Article 35. Competence to make written records and sanction administrative violations in education

1. Persons competent to make written records of administrative violations for the acts of violation specified in this Decree shall include:

a) Persons competent to sanction administrative violations as prescribed in Articles 36 through 38 of this Decree;

b) Civil servants of Divisions and Departments of Education and Training, the Ministry of Education and Training; civil servants in charge of education management on a full-time basis in ministries, ministerial-level agencies that are on duty;

c) Officers, non-commissioned officers and soldiers in the public security offices at provincial level, the Vietnam immigration department that are on duty.

2. Competence to sanction administrative violations in education of titles specified in Articles 36 through 38 of this Decree shall be the one applied to an act of administrative violation committed by an organization; in case of imposing fines, the maximum fine to be imposed on an individual shall be equal to half of that to be imposed on an organization.

              Article 36. Sanctioning competence of chairpersons of People’s Committees at all levels

1. Chairpersons of People’s Committees of communes, wards and townships (commune-level People’s Committees) may:

a) Impose caution;

b) Impose a fine of up to VND 10,000,000;

c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point b of this Clause;

d) Apply the remedial measures as specified at Point a, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chairpersons of People’s Committees of districts, towns, provincial cities (district-level People’s Committees) may:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point b of this Clause;

dd) Apply the remedial measures as specified in Article 4 of this Decree.

3. Chairpersons of People’s Committees of provinces and centrally-run cities (provincial-level People’s Committees) may:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate administrative violation material evidences and means;

dd) Apply the remedial measures as specified in Article 4 of this Decree.

Article 37. Sanctioning competence of specialized inspectorates in education

1. Inspectors in charge of education that are on duty may:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000;

c) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point b of this Clause;

d) Apply the remedial measures as specified at Point a, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chief inspectors of professional agencies in education of provincial-level People’s Committees, Heads of specialized inspection teams in education of provincial-level departments may:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point b of this Clause;

dd) Apply the remedial measures as specified in Article 4 of this Decree.

3. Heads of ministerial-level specialized inspection teams in education may:

a) Impose caution;

b) Impose a fine of up to VND 70,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point b of this Clause;

dd) Apply the remedial measures as specified in Article 4 of this Decree.

4. Chief inspector of the Ministry of Education and Training may:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate administrative violation material evidences and means;

dd) Apply the remedial measures as specified in Article 4 of this Decree.

Article 38. Sanctioning competence of Directors of provincial-level Police Departments, Director of the Vietnam Immigration Department

1. Directors of provincial-level Police Departments may:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate administrative violation material evidences or means of a value not exceeding the fine level as prescribed at Point b of this Clause;

dd) Decide on application of the sanction of expulsion;

e) Apply the remedial measures as specified in Article 4 of this Decree, except for the remedial measures prescribed at Point e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Director of the Vietnam Immigration Department may:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate administrative violation material evidences and means;

dd) Decide on application of the sanction of expulsion;

e) Apply the remedial measures as specified in Article 4 of this Decree, except for the remedial measures prescribed at Point e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Article 39. Division of competence to sanction administrative violations

1. Competence of chairpersons of People’s Committees at all levels to sanction administrative violations:

a) Chairpersons of commune-level People’s Committees shall sanction the acts of administrative violations specified in Clause 1, Article 11; Point a, Clause 3, Article 14; Point a, Clause 1, Article 24; Clause 1, Article 25; Clause 1, Article 27; Article 29; Point a, Clause 1, Article 31 of this Decree;

b) Chairpersons of district-level People’s Committees shall sanction the acts of administrative violations specified in Clauses 1 and 2, Article 5; Clause 1 and Points а, b, c Clause 2, Article 6; Clauses 1, 2 and 3, Article 7; Clauses 1, 2 and 3, Article 8; Clauses 1 and 2, Point a Clause 3, Point a Clause 4 and Clause 5, Article 9; Clause 1, Clause 2, Points a, b, c Clause 3 and Points a, b Clause 4, Article 10; Article 11; Article 12; Clause 1 and Points a, b, c, d Clause 2 Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1, Article 19; Clause 1, Article 20; Clauses 1, 2, 3 and 4 Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 2, Article 32; Article 33; Clause 1 and Points a, b, c Clause 2 Article 34; Points a, b and c, Clause 3, Article 5; Clauses 3, 4 and Points a, b Clause 5 Article 6 of this Decree if the violators are Vietnamese citizens;

c) Chairpersons of provincial-level People’s Committees shall sanction the acts of administrative violations specified in Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2 and 3, Article 8; Article 9; Article 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; Clause 3, Article 5; Clauses 3, 4 and 5, Article 6; Clause 4, Article 8 of this Decree if the violators are Vietnamese citizens.

2. Competence of inspectorates to sanction administrative violations:

a) Chief inspectors of professional agencies in education of provincial-level People’s Committees and Heads of specialized inspection teams in education of provincial-level departments shall sanction the acts of administrative violations specified in Clauses 1 and 2, Article 5; Clause 1 and Points а, b, c Clause 2, Article 6; Clauses 1, 2 and 3, Article 7; Clauses 1, 2 and 3, Article 8; Clauses 1 and 2, Point a Clause 3, Point a Clause 4 and Clause 5, Article 9; Clause 1, Clause 2, Points a, b, c Clause 3 and Points a, b Clause 4, Article 10; Article 11; Article 12; Clause 1 and Points a, b, c, d Clause 2 Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1, Article 19; Clause 1, Article 20; Clauses 1, 2, 3 and 4, Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 2, Article 32; Article 33; Clause 1 and Points a, b, c Clause 2 Article 34; Points a, b and c, Clause 3, Article 5; Clauses 3, 4 and Points a, b Clause 5 Article 6 of this Decree if the violators are Vietnamese citizens;

b) Heads of ministerial-level specialized inspection teams in education shall sanction the acts of administrative violations specified in Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2 and 3, Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5, Article 9; Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Sections 3 and 4, Chapter II; Article 16; Article 17; Article 18; Clauses 1 and 2, Article 19; Clauses 1 and 2, Article 20; Sections 6, 7 and 8, Chapter II; Points a, b, c and d, Clause 3, Article 5; Clauses 3, 4 and Points a, b, c Clause 5 Article 6; Clause 4, Article 8 of this Decree  if the violators are Vietnamese citizens;

c) Chief inspector of the Ministry of Education and Training shall sanction the acts of administrative violations specified in Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2 and 3, Article 8; Article 9; Article 10; Sections 3, 4, 5, 6, 7 and 8, Chapter II; and the acts of violation prescribed in Clause 3, Article 5; Clauses 3, 4 and 5, Article 6; Clause 4, Article 8 of this Decree if the violators are Vietnamese citizens.

3. Competence of Directors of provincial-level Police Departments, Director of the Vietnam Immigration Department to sanction administrative violations:

a) Directors of provincial-level Police Departments shall sanction the acts of administrative violation specified at Points a, b and c, Clause 3, Article 5; Clauses 3, 4 and Points a, b Clause 5, Article 6 of this Decree;

b) The Director of the Vietnam Immigration Department shall sanction the acts of administrative violation specified in Clause 3, Article 5; Clauses 3, 4 and 5, Article 6; Clause 4, Article 8 of this Decree.

 

Chapter IV

IMPLEMENTATION PROVISIONS

 

Article 40. Transitional provisions

1. For acts of administrative violation in education which are committed before the date on which this Decree takes effect, and are later uncovered, or which are being considered and settled, the Government’s Decree No. 138/2013/ND-CP dated October 22, 2013 on sanctioning of administrative violations in education shall be applied to settle them.

In case this Decree does not prescribe the legal liability or prescribe lighter legal liability, for the acts of violation that have been committed, provisions of this Decree shall prevail for handling.

2. If sanctioned individuals and organizations lodge complaints about decisions on sanctioning administrative violations that have been issued or whose execution has been completed before the date on which this Decree takes effect, the Law on Handling of Administrative Violations and the Government’s Decree No. 138/2013/ND-CP dated October 22, 2013 on sanctioning of administrative violations in education shall be applied to handling them.

Article 41. Effect

This Decree takes effect from March 10, 2021 and replaces the Government's Decree No. 138/2013/ND-CP dated October 22, 2013, on sanctioning of administrative violations in education.

              Article 42. Responsibility of implementation organization

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces, central-affiliated cities shall implement this Decree./.