Decree of Government No.49/2005/ND-CP, on sanctioning of administrative violations in education

THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———-

No.49/2005/ND-CP

Hanoi, April 11, 2005

DECREE

ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN EDUCATION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Education dated December 2, 1998;
Pursuant to the Ordinance on Handling of Administrative Violations dated July 2, 2002
At the proposal of the Minister of Education and Training,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

Governing scope

1. This Decree prescribes acts of administrative violation in education (the domain of vocational training does not fall within the governing scope of this Decree), sanctioning forms and levels, sanctioning competence and procedures as well as remedial measures.

2. Administrative violations in education are acts violating regulations on State management over education committed by individuals or organizations intentionally or unintentionally, which, however, are not crimes and must therefore be administratively sanctioned according to the provisions of the Ordinance on Handling of Administrative Violations and this Decree.

3. For acts of education-related administrative violation prescribed in other decrees of the Government (hereinafter referred to as relevant decrees), the provisions of such decrees shall apply.

Article 2. Subjects of application

Subjects of application

1. Vietnamese individuals and organizations that commit acts of administrative violation in education shall all be sanctioned according to the provisions of this Decree and the relevant decrees.

2. Foreign individuals and organizations that commit acts of administrative violation in education in Vietnam shall all be sanctioned like Vietnamese individuals and organizations according to the provisions of this Decree and the relevant decrees, unless otherwise provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded to.

3. Individuals being minors who commit acts of administrative violation in education shall be handled according to the provisions of Clauses 1 and 3, Article 7 of the Ordinance on Handling of Administrative Violations.

Article 3. Sanctioning principles

Sanctioning principles

1. All acts of administrative violation in education must be promptly detected and immediately stopped.

The handling of administrative violations in education must be conducted in a swift, fair and thorough manner; all consequences caused by acts of administrative violation must be remedied in strict compliance with law provisions.

2. Individuals and organizations shall be sanctioned for their administrative violations in education only when they commit acts of violating the provisions of this Decree and other relevant decrees of the Government on sanctioning of administrative violations.

3. One act of administrative violation in education shall be administratively sanctioned only once.

One person or one organization that commits many acts of administrative violation in education shall be sanctioned for each act of violation.

Many persons or many organizations that jointly commit one act of administrative violation in education shall each be sanctioned.

4. The sanctioning of administrative violations in education must be based on the nature, seriousness of violations, personal identity of violators as well as extenuating circumstances or aggravating circumstances, with a view to deciding on appropriate handling forms and measures.

5. Administrative violations committed in education in cases of emergency, legitimate defense, unexpected events, or administrative violations committed by individuals who suffer from mental illness or other diseases, which deprive them of their capability to cognize or self-control their acts, shall not be sanctioned.

Article 4. Extenuating circumstances, aggravating circumstances

Extenuating circumstances, aggravating circumstances

The application of extenuating circumstances and/or aggravating circumstances in the sanctioning of administrative violations to violation acts defined in Chapter II of this Decree shall comply with the provisions of Articles 8 and 9 of the Ordinance on Handling of Administrative Violations.

Article 5. Statute of limitations for sanctioning administrative violations

Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in education shall be one year counting from the date such acts of administrative violation are committed. For administrative violations in education, which are related to finance, intellectual property, construction, environment, dwelling houses, land, publication, export, import, exit, entry, or administrative violations being acts of smuggling, counterfeit goods production or trading, this statute of limitations shall be two years. Past the above-mentioned time limits, no sanctions shall be imposed but remedial measures provided for in Clause 3, Article 7 of this Decree may still be applied.

2. Individuals, who had been prosecuted or against whom criminal cases had been instituted or decisions on bringing cases to court for trial according to criminal procedures had been issued but later there have been decisions on suspension of investigations or discontinuation of cases, and whose acts show signs of administrative violations in education, shall be administratively sanctioned. Within three days after issuing decisions on suspension of investigations or discontinuation of cases, the decision issuers shall have to send such decisions to persons with sanctioning competence.

In this case, the statute of limitations for sanctioning administrative violations shall be three months after competent persons receive the suspension or discontinuation decisions and dossiers of violation cases.

3. Within the time limits prescribed in Clauses 1 and 2 of this Article, if violating individuals or organizations commit new acts of administrative violation in education or intentionally shirk or impede the sanctioning, such statute of limitations shall not apply. The statute of limitations for sanctioning administrative violations shall be recounted as from the time new administrative violations are committed or acts of intentionally shirking or impeding the sanctioning stop.

Article 6. Time limit for being considered having not been sanctioned for administrative violations

Timelimit for being considered having not been sanctioned for administrative violations

If individuals or organizations sanctioned for administrative violations in education do not relapse into violations within one year after completely serving the sanctioning decisions or after the sanctioning decisions cease to be effective, they shall be considered having not been sanctioned for administrative violations in education.

Article 7. Sanctioning forms and remedial measures

Sanctioning forms and remedial measures

1. For each act of administrative violation in education, violating individuals or organizations shall be subject to one of the following principal sanctioning forms:

a) Caution;

b) Fine.

When the fining form is applied, specific fine level applicable to one act of administrative violation shall be the average level of the fine bracket prescribed for such act. If such act of violation involves extenuating circumstances provided for in Article 8 of the Ordinance on Handling of Administrative Violations, the applicable fine level may be lower than the average level but must not be lower than the minimum level of the fine bracket. If such act of violation involves aggravating circumstances provided for in Article 9 of the Ordinance on Handling of Administrative Violations, the applicable fine level may be higher than the average level but must not exceed the maximum level of the fine bracket.

2. Depending on the nature and seriousness of their violations, individuals or organizations committing administrative violations in education may be imposed one or several of the following additional sanctioning forms:

a) Deprivation of the right to use founding decisions, licenses or practice certificates for a definite or indefinite time, for individuals or organizations seriously violating the regulations on use of founding decisions, licenses or practice certificates;

b) Confiscation of material evidences or means used for committing administrative violations;

c) Expulsion from Vietnam, for violators being foreigners.

3. Apart from the sanctioning forms prescribed in Clauses 1 and 2 of this Article, individuals or organizations committing administrative violations in education may also be subject to one or several of the following remedial measures:

a) Compelled restoration of initial state, which is altered due to administrative violations at requests of competent agencies;

b) Compelled suspension or termination of teaching or educational activities;

c) Compelled cancellation of results of examination subjects or remarking of examination papers;

d) Compelled teaching or provision of practice or probation instructions in order to add teaching periods or supplement teaching contents or courses according to the prescribed ones; compelled supply of materials and equipment according to the approved plans;

e) Compelled annulment of wrong decisions or decisions contrary to regulations of competent agencies;

f) Compelled restoration of the right to learn or legitimate benefits of learners and correct assessment of their study results, and guarantee of diploma or certificate holders’ right;

g) Compelled refund of money amounts already collected from learners and payment of all expenses for organizing the refund due to administrative violations;

h) Compelled withdrawal of illegally granted diplomas or certificates;

i) Compelled bringing out of the Vietnamese territory or compelled re-export of textbooks, documents or educational equipment already illegally imported due to acts of administrative violation.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION IN EDUCATION, SANCTIONING FORMS AND LEVELS

Article 8. Violation of regulations on founding of educational establishments and organization of educational activities

Violation of regulations on founding of educational establishments and organization of educational activities

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of losing founding decisions, licenses or practice certificates without making declarations with competent agencies.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of acts of erasing, crossing out, modifying or adding contents of purchasing, selling, transferring, renting, leasing, borrowing or lending, founding decisions, licenses or practice certificates in contravention of law provisions.

3. Acts of illegally founding educational establishments shall be fined at the following levels:

a) Between VND 5,000,000 and 10,000,000, for acts of founding preschool or general education establishments;

b) Between VND 10,000,000 and 20,000,000 for acts of founding intermediate vocational training establishments, constant education centers, foreign language or informatics centers;

c) Between VND 20,000,000 and 40,000,000 for collegial training establishments;

d) Between VND 60,000,000 and 100,000,000 for undergraduate or postgraduate training establishments.

4. Acts of opening independent classes for teaching learners according to preschool, general education, intermediate vocational education or pre-entrance education programs; drilling university-entrance examinees; providing collegial, undergraduate or postgraduate training without permits of competent agencies; or acts of giving permits ultra vires shall be fined at the following levels:

a) Between VND 200,000 and 500,000 for preschool classes;

b) Between VND 500,000 and 1,000,000 for general education classes;

c) Between VND 1,000,000 and 2,000,000 for classes of intermediate vocational training, pre- entrance education or drilling of university entrance examinees;

d) Between VND 2,000,000 and 5,000,000 for undergraduate or postgraduate training classes.

5. Additional sanctioning forms and remedial measures to be imposed for acts prescribed in this Article:

a) Confiscation of material evidences, for acts mentioned in Clause 2 of this Article;

b) Compelled refund of money amounts already collected from learners and payment of all expenses for organizing the refund, for acts specified in Clauses 3 and 4 of this Article.

Article 9. Violation of regulations on activities of educational establishments

Violation of regulations on activities of educational establishments

1. Fines shall be imposed for acts of failing to abide by competent agencies’ decisions on suspension of operation or dissolution of educational establishments; operating beyond the duration prescribed in licenses; arbitrarily stopping operation without permits of competent authorities, thus causing damage to learners, at the following levels:

a) Between VND 3,000,000 and 5,000,000 on preschool education or general education establishments;

b) Between VND 5,000,000 and 10,000,000 on intermediate vocational training establishments, constant education centers, foreign language or informatics training centers;

c) Between VND 15,000,000 and 30,000,000 on collegial training establishments;

d) Between VND 40,000,000 and 60,000,000 on undergraduate or postgraduate training establishments.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of training and granting certificates in contravention of provisions of law.

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

a) Training and granting diplomas of the national education system beyond one’s vested competence;

b) Training disciplines or specialties beyond one’s vested competence.

4. Remedial measures for violations prescribed in this Article include:

a) Compelled refund of money amounts already collected from learners and payment of all expenses for organizing the refund, for violation acts specified in Clause 1, and withdrawal of diplomas or certificates already illegally granted, for violations specified in Clauses 2 and 3 of this Article;

b) Compelled restoration of learners’ study right, which has been deprived of due to violation acts specified in Clause 1 of this Article under decisions of competent agencies.

Article 10. Violation of regulations on educational programs, contents and plans

Violation of regulations on educational programs, contents and plans

1. Caution or fines shall be imposed for acts of failing to teach in sufficient periods or with adequate knowledge contents (converted into periods) of study subjects as prescribed by competent agencies for general education, intermediate vocational education, collegial, undergraduate or postgraduate education, at the following levels:

a) Caution shall be imposed for violations involving less than 5 periods for a class in a school year;

b) A fine of between VND 200,000 and 500,000 shall be imposed for a violation involving between 5 and 10 periods for a class in a school year;

c) A fine of between VND 500,000 and 1,000,000 shall be imposed for a violation involving between 11 and 15 periods for a class in a school year;

d) A fine of between VND 1,000,000 and 2,000,000 shall be imposed for a violation involving between 16 and 20 periods for a class in a school year;

e) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for a violation involving 21 periods or more for a class in a school year.

2. Fines shall be imposed for acts of teaching or disseminating contents not included in the prescribed curricula, textbooks or teaching courses for purpose of distorting educational contents (which, however, are not serious enough for examination of penal liability) at the following levels:

a) Between VND 500,000 and 1,000,000, for first-time violations;

b) Between VND 1,000,000 and 2,000,000 for second-time violations onward.

3. Additional sanctioning forms to be imposed for violations prescribed in this Article include:

a) Confiscation of material evidences, for violations specified in Clause 2 of this Article;

b) Expulsion of violators being foreigners, for violations specified in Clause 2 of this Article;

c) Deprivation of the right to use licenses or practice certificates for a definite time, for first-time violations, or for an indefinite time, for recidivism, for violations specified in Clause 2 of this Article.

4. Remedial measures to be imposed for violations specified in this Article include:

a) Compelled termination of teaching or educational activities of violating individuals, for violations specified in Clause 2 of this Article;

b) Compelled addition of deficient teaching periods and contents, for violations specified in Clause 1 of this Article.

Article 11. Violation of regulations on enrolment subjects, criteria, norms and competence

Violation of regulations on enrolment subjects, criteria, norms and competence

1. Caution or fine of between VND 200,000 and 300,000 shall be imposed for acts of falsely declaring or joining hands with others in making false declaration of enrolment files for purpose of being enrolled.

2. Fines shall be imposed for acts of enrolling in general education levels or grades wrong subjects or not in conformity with the enrolment criteria set by competent agencies, at the following levels:

a) Between VND 300,000 and 500,000 for violations being wrong enrolment of less than 3 three pupils;

b) Between VND 1,000,000 and 2,000,000 for violations being wrong enrolment of between 3 and 5 pupils;

c) Between VND 2,000,000 and 3,000,000 for violations being wrong enrolment of between 6 and 10 pupils;

d) Between VND 3,000,000 and 5,000,000 for violations being wrong enrolment of between 11 and 15 pupils;

e) Between VND 5,000,000 and 10,000,000 for violations being wrong enrolment of 16 pupils or more.

3. Caution or fines shall be imposed for acts of enrolling students for intermediate vocational training in excess of quotas, enrolling wrong subjects or not in conformity with the criteria set by competent agencies, at the following levels:

a) Caution for enrollment in excess of the assigned enrolment quotas by less than 5;

b) Between VND 200,000 and 500,000 for enrollment in excess of the assigned enrolment quotas by between 5 and under 10 or enrolling less than 10 learners being wrong subjects or not in conformity with criteria;

c) Between VND 1,000,000 and 2,000,000 for enrollment in excess of the assigned enrolment quotas by between 10 and under 15 or enrolling between 10 and 20 learners being wrong subjects or not in conformity with criteria;

d) Between VND 3,000,000 and 5,000,000 for enrollment in excess of the assigned enrolment quotas by between 15 and under 20 or enrolling between 21 and 30 learners being wrong subjects or not in conformity with criteria;

e) Between VND 6,000,000 and 10,000,000 for enrollment in excess of the assigned enrolment quotas by more than 20 or enrolling 31 or more learners being wrong subjects or not in conformity with criteria.

4. Fines shall be imposed for acts of enrolling students for collegial, undergraduate or postgraduate training in excess of quotas, enrolling wrong subjects or not in conformity with the criteria set by competent agencies, at the following levels:

a) Between VND 2,000,000 and 5,000,000 for acts of enrolling in excess of the assigned enrolment quotas by less than 5;

b) Between VND 5,000,000 and 1,000,000 for acts of enrolling in excess of the assigned enrolment quotas by between 5 and under 10 or enrolling less than 10 learners being wrong subjects or not in conformity with criteria;

c) Between VND 10,000,000 and 20,000,000 for acts of enrolling in excess of the assigned enrolment quotas by between 10 and under 15 or enrolling between 10 and 20 learners being wrong subjects or not in conformity with criteria;

d) Between VND 20,000,000 and 40,000,000 for acts of enrolling in excess of the assigned enrolment quotas by between 15 and 20 or enrolling between 21 and 30 learners being wrong subjects or not in conformity with criteria;

e) Between VND 40,000,000 and 60,000,000 for acts of enrolling in excess of the assigned enrolment quotas by more than 20 or enrolling 31 or more learners being wrong subjects or not in conformity with criteria.

5. Fines shall be imposed for acts of enrolling learners for training and granting diplomas of the national education system not according to assigned competence, at the following levels:

a) Between VND 5,000,000 and 10,000,000 for acts of announcing the enrolment (in any form) without permits of competent agencies;

b) Between VND 10,000,000 and 20,000,000 for acts of receiving files or organizing examinations or consideration for enrolment, summoning examinees without having been assigned by competent agencies.

6. Fines shall be imposed for acts of violating the State’s regulations on enrolment of learners for overseas training or training at educational establishments involving foreign elements and operating in the Vietnamese territory under the general education, intermediate vocational education, collegial, undergraduate or postgraduate programs, at the following levels:

a) Between VND 5,000,000 and 10,000,000 for acts of wrongly enrolling between 1 and 5 learners;

b) Between VND 10,000,000 and 20,000,000 for acts of wrongly enrolling between 6 and 10 learners;

c) Between VND 20,000,000 and 30,000,000 for acts of wrongly enrolling between 11 and 15 learners;

d) Between VND 30,000,000 and 40,000,000 for acts of wrongly enrolling between 16 and 20 learners;

e) Between VND 40,000,000 and 50,000,000 for acts of wrongly enrolling between 21 and 25 learners;

f) Between VND 50,000,000 and 60,000,000 for acts of wrongly enrolling 26 learners or more.

7. Additional sanctioning forms to be imposed for violations prescribed in this Article include:

a) Confiscation of material evidences, for violations specified in Clause 1 of this Article;

b) Deprivation of the right to use licenses or practice certificates for a definite time, for first-time violations or for an indefinite time, for recidivism, with regard to violations specified in Clauses 3, 4 and 6 of this Article.

8. Remedial measures to be imposed for violations specified in this Article include:

a) Compelled cancellation of wrong decisions due to acts specified in Clauses 1, 2, 3, 4 and 5 of this Article;

b) Compelled refund of money amounts already collected from learners and payment of all expenses for the refund, for acts mentioned in Clauses 2, 3, 4, 5 and 6 of this Article.

Article 12. Violation of regulations on examinations for enrolment into educational establishments and graduation examinations for granting of diplomas of the national education system

Violation of regulations on examinations for enrolment into educational establishments and graduation examinations for granting of diplomas of the national education system

1. Fines of between VND 1,000,000 and 2,000,000 shall be imposed for acts of disturbing or threatening to use force to prevent examination managers, superintendents, examination paper markers or stewards from performing their tasks.

2. Fines of between VND 2,000,000 and 4,000,000 shall be imposed for acts of using force to prevent examination managers, superintendents, examination paper markers or stewards from performing their tasks.

3. A fine of between VND 4,000,000 and 6,000,000.shall be imposed for one of the following acts:

a) Sitting examinations on other examinees’ behalf or for purpose of helping other examinees;

b) Illegally transferring materials, information and/or tools into examination rooms for sitting examinees;

c) Disclosing examination papers’ headings.

4. Fines of between VND 6,000,000 and 10,000,000 shall be imposed for acts of fraudulently altering examination papers or joining hands with others in altering examination papers of examinees not in compliance with competent agencies’ regulations.

5. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for one of the following acts of violating examination regulations:

a) Issuing decisions on setting up of apparatuses or assignment of tasks to officials in contravention of regulations applicable to such examinations;

b) Causing loss or damage of examination papers to the extent that such examination papers cannot be marked;

c) Marking entrance or graduation examination papers not according to model solutions or answers or marking scales;

d) Making score sheets inconsistent with marking results of examination papers.

6. Fines of between VND 4,000,000 and 6,000,000 shall be imposed for acts of additionally writing on or modifying contents of examinees’ examination papers in contravention of regulations.

7. Fines of between VND 10,000,000 and 20,000,000 shall be imposed for acts of disclosing or losing examination questions (which are, however, not serious enough for penal liability examination).

8. Additional sanctioning form to be imposed for violations prescribed in this Article include:

Confiscation of material evidences and means already used for committing violation acts specified in Clauses 3, 4, 6 and 7 of this Article.

9. Remedial measures to be imposed for violations prescribed in this Article include:

a) Compelled restoration of initial state, which is altered due to violation acts specified in Clause 4, Point d of Clause 5, and Clause 6 of this Article;

b) Compelled cancellation of examination results of violators (if violators are examinees), for acts specified in Clauses 1 and 2, and those of examinees who benefit from violations, for acts specified in Clauses 3, 4, 6 and 7 of this Article;

c) Compelled remarking of examination papers, for violation acts prescribed at Point c, Clause 5 of this Article.

Article 13. Violation of regulations on assessment of study results of learners in general education, intermediate vocational education and tertiary education establishments

Violation of regulations on assessment of study results of learners in general education, intermediate vocational education and tertiary education establishments

1. Caution or fines shall be imposed for acts of failing to fully observing competent agencies’ regulations on marking examination papers, assessment and classification of study results, thus affecting results of subjects, semesters or school years of learners, at the following levels:

a) Caution or fines of between VND 100,000 and 200,000 shall be imposed for violation acts in general education;

b) Fines of between VND 300,000 and 500,000 for violation acts in intermediate vocational education;

c) Fines of between VND 600,000 and 1,000,000 for violation acts in tertiary education.

2. Remedial measure to be imposed for violations prescribed in this Article:

Compelled restoration of study assessment or classification results true to the real study results of learners, for violation acts prescribed in Clause 1 of this Article.

Article 14. Violation of regulations on management, granting and use of diplomas and certificates of the national education system

Violation of regulations on management, granting and use of diplomas and certificates of the national education system

1. Caution or a fine of between VND 200,000 and 500,000 shall be imposed for one of the following acts:

a) Failing to discharge responsibilities to grant or authenticate copies or certify the legality of already granted diplomas or certificates;

b) Granting diplomas or certificates with wrong contents which may cause troubles to their users.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for acts of using unlawful diplomas or certificates.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:

a) Failing to make or making incomplete dossiers as prescribed to serve as basis for granting or management of diplomas or certificates;

b) Giving untruthful certification or falsifying dossiers, thus leading to the granting of diplomas or certificates to unqualified persons.

4. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following acts:

a) Issuing decisions or proposing competent authorities to issue decisions on illegal grant of certificates;

b) Destroying or falsifying dossiers or documents which serve as basis for granting or certifying legality of certificates (which, however, are not serious enough for penal liability examination).

5. A fine of between VND 4,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Issuing decisions or proposing competent authorities to issue decisions on illegal grant of diplomas;

b) Destroying or falsifying dossiers or documents which serve as basis for granting or certifying legality of diplomas (which, however, are not serious enough for penal liability examination).

6. Additional sanctioning form to be imposed for violations prescribed in this Article:

Deprivation of the right to use licenses or practice certificates for a definite time, for second-time violations, or for an indefinite time, for recidivism, with regard to violation acts prescribed in Clauses 3 and 4 of this Article.

7. Remedial measures to be imposed for violations prescribed in this Article include:

a) Withdrawal of diplomas or certificates, for violation acts prescribed at Point b of Clause 1, Clause 2, Point b of Clause 3, Point a of Clause 4 and Point a of Clause 5 of this Article;

b) Compelled restoration of legitimate rights and interests of diploma or certificate users, for acts prescribed in Clause 1 of this Article.

Article 15. Violation of regulations on employment of teachers

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) Caution for acts of employing unqualified preschool teachers;

b) Fines of between VND 1,000,000 and 2,000,000 for acts of employing unqualified general education teachers;

c) Fines of between VND 3,000,000 and 4,000,000 for acts of employing unqualified intermediate vocational education teachers, unqualified teachers of constant education centers, foreign language centers or informatics centers;

d) Fines of between VND 5,000,000 and 10,000,000 for acts of employing unqualified college teachers;

e) Fines of between VND 11,000,000 and 15,000,000 for acts of employing unqualified undergraduate or postgraduate education teachers.

2. Remedial measure to be imposed for violations prescribed in this Article:

Compelled termination of teaching or educational activities, for acts of employing unqualified teachers prescribed in Clause 1 of this Article.

Article 16. Violation of regulations on assurance of percentage of teachers or lecturers on permanent payroll in educational establishments

Violation of regulations on assurance of percentage of teachers or lecturers on permanent payroll in educational establishments

Fines shall be imposed for acts of violating competent agencies’ regulations on assurance of percentage of teachers or lecturers on permanent payroll against the total number of teachers or lecturers in educational establishments at the following levels:

a) Fines of between VND 2,000,000 and 5,000,000 for violation acts committed at general education grades or levels;

b) Fines of between VND 5,000,000 and 10,000,000 for violation acts committed in intermediate vocational education establishments, constant education centers, foreign language or informatics centers;

c) Fines of between VND 10,000,000 and 15,000,000 for violation acts committed in collegial training establishments;

d) Fines of between VND 15,000,000 and 20,000,000 for violation acts committed in undergraduate or postgraduate training establishments.

Article 17. Violation of regulations on management of learners’ files

Violation of regulations on management of learners’ files

1. Caution or fines shall be imposed for acts of letting, due to irresponsibility in the management, the modification of study result records, score sheets or documents related to the assessment of study results of learners in contravention of regulations to occur, thus causing bad consequences, at the following levels:

a) Caution or a fine of between VND 100,000 and 200,000 for a violation involving one or two learners;

b) A fine of between VND 300,000 and 500,000 for a violation involving between three and five learners;

c) A fine of between VND 600,000 and 1,000,000 for a violation involving more than six learners.

2. Fines of between VND 2,000,000 and 5,000,000 for acts of failing to make or making incomplete files for management of learners according to schools’ regulations.

3. Remedial measure to be imposed for violations prescribed in this Article:

Compelled restoration of initial state, which has been altered due to violation acts prescribed in Clause 1 of this Article.

Article 18. Violation of regulations on use of textbooks, educational materials, and supply and use of educational equipment

Violation of regulations on use of textbooks, educational materials, and supply and use of educational equipment

1. Fines of between VND 1,000,000 and 5,000,000 shall be imposed for acts of issuing decisions in contravention of regulations on purchase or reception of gifts, use of textbooks or educational materials and equipment which are not up to standards, thus badly affecting the teaching and learning activities.

2. Fines of between VND 10,000,000 and 15,000,000 for acts of transporting and distributing textbooks, educational materials and equipment not according to the supply plans set by competent agencies.

3. Remedial measures to be imposed for violations prescribed in this Article include:

a) Compelled bringing out of the Vietnamese territory or compelled re-export of textbooks, educational materials or equipment which have been illegally imported due to violation acts prescribed in Clause 1 of this Article;

b) Compelled restoration of initial plans, which have been altered due to violation acts prescribed in Clause 2 of this Article.

Article 19. Violation of regulations on tuitions, school fees and other amounts collected from learners

Violation of regulations on tuitions, school fees and other amounts collected from learners

The handling of these violations shall comply with the provisions of Chapter II of the Government’s Decree No. 106/2003/ND-CP dated September 23, 2003 on sanctioning of administrative violations in the domain of fees and charges.

Article 20. Violation of regulations on disciplinary form of forcing learners to drop their schoolings

Violation of regulations on disciplinary form of forcing learners to drop their schoolings

1. Caution or fines shall be imposed for acts of deciding to discipline learners by way of forcing them to drop their schoolings in contravention of regulations at the following levels:

a) A caution or a fine of between VND 200,000 and 500,000 for a violation against one or two learners;

b) A fine of between VND 500,000 and 1,000,000 for a violation against between three and five learners;

c) A fine of between VND 1,000,000 and 2,000,000 for a violation against between six and ten earners;

d) A fine of between VND 2,000,000 and 3,000,000 for a violation against eleven learners or more.

2. Remedial measure to be imposed for violations prescribed in this Article:

Compelled cancellation of wrong decisions and restoration of learners’ right to study, for acts prescribed in Clause 1 of this Article.

Article 21. Violation of regulations on educational universalization

Violation of regulations on educational universalization

1. Caution or fines of between VND 50,000 and 100,000 shall be imposed for acts of hindering pupils of universalized study grades or levels from going to school.

2. Fines of between VND 100,000 and 200,000 shall be imposed for acts of instigating pupils of universalized study grades or levels not to go school or to drop out.

Chapter III

SANCTIONING COMPETENCE AND PROCEDURES

Article 22. Competence of presidents of People’s Committees of all levels to sanction administrative violations in education

Competence of presidents of People’s Committees of all levels to sanction administrative violations in education

1. The presidents of People’s Committees of communes, wards or district townships have the right to sanction, according to the provisions of Article 28 of the Ordinance on Handling of Administrative Violations, acts of administrative violation in education, defined in Chapter II of this Decree in their respective localities and under their management competence.

2. The presidents of People’s Committees of rural districts, urban districts or provincial towns have the right to sanction, according to the provisions of Article 29 of the Ordinance on Handling of Administrative Violations, acts of administrative violation in education, defined in Chapter II of this Decree in their respective localities and under their management competence.

3. The presidents of People’s Committees of provinces or centrally-run cities have the right to sanction, according to the provisions of Article 30 of the Ordinance on Handling of Administrative Violations, acts of administrative violation in education, defined in Chapter II of this Decree in their respective localities and under their management competence.

Article 23. Competence of educational inspectorates to sanction administrative violations

Competence of educational inspectorates to sanction administrative violations

1. Educational inspectors who are on official duty have the right to sanction, according to the provisions of Clause 1, Article 38 of the Ordinance on Handling of Administrative Violations, acts of administrative violation in education, prescribed in Chapter II of this Decree.

2. Chief inspectors of Education and Training Services of provinces or centrally-run cities have the right to sanction, according to the provisions of Clause 2, Article 38 of the Ordinance on Handling of Administrative Violations, acts of administrative violation in education, defined in Chapter II of this Decree.

3. The Chief Inspector of the Ministry of Education and Training has the right to sanction, according to the provisions of Clause 3, Article 38 of the Ordinance on Handling of Administrative Violations, acts of administrative violation in education, defined in Chapter II of this Decree.

Article 24. Authorization of sanctioning of administrative violations in education

Authorization of sanctioning of administrative violations in education

In cases where persons competent to sanction administrative violations in education defined in Article 22 and Clauses 2 and 3 of Article 23 of this Decree are absent, the authorization shall be effected according to the provisions of Article 14 of the Government’s Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

Article 25. Principles for determining competence to sanction administrative violations in education

Principles for determining competence to sanction administrative violations in education

1. The presidents of People’s Committees of all levels have the right to handle administrative violations in education in their respective localities according to the competence provided for in Articles 28, 29 and 30 of the Ordinance on Handling of Administrative Violations.

2. Educational inspectorates have the right to sanction administrative violations in education according to the provisions of Article 38 of the Ordinance on Handling of Administrative Violations.

In cases where violation acts fall beyond the competence of chief inspectors of provincial/municipal Education and Training Services, the dossiers of violation cases shall be transferred to presidents of provincial-level People’s Committees for handling according to their competence.

3. In cases where an individual or organization simultaneously commits many acts of administrative violation, including violations in education, the sanctioning competence shall be determined according to the principle prescribed in Clause 3, Article 42 of the Ordinance on Handling of Administrative Violations.

4. Competence for expelling foreign individuals who commit administrative violations in education shall comply with the provisions of Clause 1, Article 17 of the Government’s Decree No. 21/2001/ND-CP dated May 28, 2001, detailing the implementation of the Ordinance on Entry, Exit or Residence of Foreigners in Vietnam.

5. Where acts of violating the legislation on education show signs of crimes, the dossiers thereon must be promptly transferred to competent agencies for handling according to the provisions of Article 62 of the Ordinance on Handling of Administrative Violations.

Article 26. Procedures for sanctioning administrative violations in education

Procedures for sanctioning administrative violations in education

1. Procedures for making written records or sanctioning decisions shall comply with the provisions of Articles 19, 20 and 21 of the Government’s Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

2. The imposition and payment of fines must comply with the procedures prescribed in Articles 24 and 25 of the Government’s Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

3. Procedures for depriving of the right to use founding decisions, licenses or practice certificates shall comply with the provisions of Article 59 of the Ordinance on Handling of Administrative Violations and Article 11 of the Government’s Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

4. Procedures for confiscating and handling material evidences and means used for committing administrative violations in education shall comply with the provisions of Articles 60 and 61 of the Ordinance on Handling of Administrative Violations and Article 31 of the Government’s Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

Article 27. Observance of decisions on sanctioning of administrative violations in education

Observance of decisions on sanctioning of administrative violations in education

1. Individuals or organizations that commit administrative violations in education must abide by sanctioning decisions within 10 days after they are handed such sanctioning decisions, except for cases prescribed in Article 65 of the Ordinance on Handling of Administrative Violations. The method of counting time limits is prescribed in Article 9 of the Government’s Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

2. Individuals or organizations that commit administrative violations in education and fail to voluntarily abide by sanctioning decisions shall be coerced to do so. Individuals or organizations coerced to execute sanctioning decisions must bear all expenses for organizing the application of coercive measures. Procedures for coercive execution are prescribed in Articles 66 and 67 of the Ordinance on Handling of Administrative Violations.

Chapter IV

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 28. Complaints, denunciations and settlement thereof

Complaints, denunciations and settlement thereof

1. Individuals, organizations or their lawful representatives may lodge complaints about sanctioning decisions of competent persons defined in Articles 22, 23 and 24 of this Decree. Procedures for lodging and settling complaints shall comply with the provisions of Article 118 of the Ordinance on Handling of Administrative Violations. Competence and time limits for lodging or settling complaints shall comply with the provisions of the Law on Complaints and Denunciations. The complaint about decisions on sanctioning of administrative violations shall not suspend the execution of decisions on sanctioning administrative violations in education.

2. Individuals may lodge denunciations with competent Slate agencies against unlawful acts of persons with sanctioning competence in handling administrative violations in education. Procedures for lodging and settling complaints or denunciations shall comply with the provisions of Article 118 of the Ordinance on Handling of Administrative Violations.

Article 29. Handling of violations committed by persons competent to sanction administrative violations in education

Handling of violations committed by persons competent to sanction administrative violations in education

Persons competent to sanction administrative violations in education, who harass, tolerate, cover up fail to handle or handle violators not in a prompt or adequate manner or ultra vires, shall be handled according to the provisions of Article 121 of the Ordinance on Handling of Administrative Violations.

Article 30. Handling of violations committed by persons sanctioned for administrative violations in education

Handling of violations committed by persons sanctioned for administrative violations in education

Persons sanctioned for administrative violations n education, who take acts against officials on public duty, delay or shirk the execution of sanctioning decisions or commit other violation acts, shall be handled according to the provisions of Article 122 of the Ordinance on Handling of Administrative Violations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 31. Implementation effect

Implementation effect

This Decree takes effect 15 days after its publication in “CONG BAO”.

To annul the provisions on sanctioning of administrative violations in education in the Government’s Decree No. 18/2001/ND-CP dated May 4, 2001, on the founding and operation of foreign cultural and educational establishments in Vietnam and other previous stipulations, which are contrary to this Decree.

Article 32. Responsibilities to guide and implement this Decree

Responsibilities to guide and implement this Decree

The Minister of Education and Training shall, within the ambit of his/her functions, tasks and powers, have to guide and organize the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

Phan Van Khai

 

 

Scroll to top