DECREE

 AMENDMENTS TO GOVERNMENT’S DECREE NO. 04/2021/ND-CP DATED JANUARY 22, 2021 PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON EDUCATION

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on penalties for administrative violations dated June 20, 2012, and the Law on amendments to the Law on penalties for administrative violations dated November 13, 2020;

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

Pursuant to the Law on Higher Education dated June 18, 2012 and the Law on amendments to the Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Education dated June 14, 2019;

At the request of the Minister of Education and Training of Vietnam;

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Article 1. Amendments to Government’s Decree No. 04/2021/ND-CP dated January 22, 2021

1. Some Clauses of Article 3 are amended as follows:

a) Point a Clause 3 Article 3 is amended as follows:

“a) The maximum fine for a violation in education field imposed upon an individual is VND 75.000.000; that imposed upon an organization is VND 150.000.000;”.

b) Clause 4 is added following Clause 3 Article 3 as follows:

“4. Penalties for an administrative violation shall be imposed once only.

If multiple entities commit the same administrative violation, penalties shall be imposed separately upon each of such violating entities.”.

2. Article 3a is added following Article 3 as follows:

“Article 3a. Prescriptive period

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2. Determination of prescriptive period:

a) The prescriptive period of a completed administrative violation prescribed in Clause 3 of this Article begins at the time of completion of that violation;

b) The prescriptive period of an ongoing administrative violation prescribed in Clause 4 of this Article begins when that violation is detected by a competent law enforcement officer;

c) The prescriptive period of an administrative violation transferred from an officer competent to record that administrative violation by the time of issuance of the penalty imposition decision shall be determined in accordance with the provisions of Clause 1 of this Article and Points a, b of this Clause.

3. Determination of whether an administrative violation has been completed or is ongoing for the purpose of determination of the prescriptive period of that violation shall comply with the provisions of Clause 1 Article 8 of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021.”.

3. Some Points of Clause 3 Article 5 are amended as follows:

a) Point dd Clause 3 Article 5 is amended as follows:

“dd) A fine ranging from VND 60.000.000 to VND 90.000.000 shall be imposed if the violation involves a college providing teacher training programs;”;

b) Point e Clause 3 Article 5 is amended as follows:

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4. Some Points of Clause 5 Article 6 are amended as follows:

a) Point d Clause 5 Article 6 is amended as follows:

“d) A fine ranging from VND 60.000.000 to VND 90.000.000 shall be imposed if the violation involves a college providing teacher training programs;”;

b) Point dd Clause 5 Article 6 is amended as follows:

“dd) A fine ranging from VND 110.000.000 to VND 150.000.000 shall be imposed if the violation involves a higher education institution, academy or institute providing doctoral training programs.”.

5. Point a Clause 2 Article 7 is amended as follows:

“a) Failing to promulgate or implement adequate documents within the jurisdiction of educational institutions as prescribed by law;”.

6. Some Clauses of Article 9 are amended as follows:

a) Point c Clause 3 Article 9 is amended as follows:

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b) Point c Clause 4 Article 9 is amended as follows:

“c) A fine ranging from VND 110.000.000 to VND 150.000.000 shall be imposed if the violation involves 10 learners or more.”.

7. Heading of Clause 4 Article 19 is amended as follows:

“4. A fine ranging from VND 80.000.000 to VND 110.000.000 shall be imposed for commission of one of the following violations:”.

8. Clause 3 Article 20 is amended as follows:

“3. A fine ranging from VND 80.000.000 to VND 110.000.000 shall be imposed for issuing certificates before obtaining a decision issued by the authority competent to approve cooperation in organization of examination for issuance of certificates of foreign language proficiency.”.

9. Point c Clause 1 Article 35 is amended as follows:

“c) Persons of the People’s Public Security forces who are performing their tasks in education field.”.

10. Some Clauses of Article 36 are amended as follows:

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“c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 20.000.000;”;

b) Point b Clause 2 Article 36 is amended as follows:

“b) Impose a fine up to VND 75.000.000;”;

c) Point d Clause 2 Article 36 is amended as follows:

“d) Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 150.000.000;”;

d) Point b Clause 3 Article 36 is amended as follows:

“b) Impose a fine up to VND 150.000.000;”;

11. Some Clauses of Article 37 are amended as follows:

a) Point c Clause 1 Article 37 is amended as follows:

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b) Point b Clause 2 Article 37 is amended as follows:

“b) Impose a fine up to VND 75.000.000;”;

c) Point d Clause 2 Article 37 is amended as follows:

“d) Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 150.000.000;”;

d) Point b Clause 3 Article 37 is amended as follows:

“b) Impose a fine up to VND 105.000.000;”;

dd) Point d Clause 3 Article 37 is amended as follows:

“d) Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 210.000.000;”;

e) Point b Clause 4 Article 37 is amended as follows:

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12. Article 38 is amended as follows:

“Article 38. Power to impose penalties of Heads of provincial-level internal political security divisions, Directors of provincial-level police departments, Director of Immigration Department, Director of Internal Political Security Department

1. Heads of provincial-level internal political security divisions shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 50.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 50.000.000;

dd) Impose the remedial measures specified in Article 4 of this Decree, except those specified in Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Directors of Provincial-level Police Departments shall have the power to:

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b) Impose a fine up to VND 75.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Issue deportation decisions;

e) Impose the remedial measures specified in Article 4 of this Decree, except those specified in Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

3. Director of Immigration Department, Director of Internal Political Security Department shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 150.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

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dd) Issue deportation decisions;

e) Impose the remedial measures specified in Article 4 of this Decree, except those specified in Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations.”.

13. Article 39 is amended as follows:

“Article 39. Determination of power to impose penalties

1. Power to impose administrative penalties of Chairpersons of people’s committees at all levels:

a) Chairpersons of commune-level people’s committees shall have the power to impose penalties for the administrative violations prescribed in Clause 1 Article 11, Point a Clause 3 Article 14, Point a Clause 1 Article 24, Clause 1 Article 25, Clause 1 Article 27, Article 29, Point a Clause 1 Article 31 of this Decree;

b) Chairpersons of district-level people’s committees shall have the power to impose penalties for the administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20; Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33; Clause 1 and Points a, b, c Clause 2 Article 34; the administrative violations prescribed in Points a, b, c, d Clause 3 Article 5 and Clauses 3, 4, Points a, b and c Clause 5 Article 6, Clause 4 Article 8 of this Decree, unless the violating entities are foreigners;

c) Chairpersons of provincial-level people’s committees shall have the power to impose penalties for the administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Article 9, Article 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative violations prescribed in Clause 3 Article 5, and Clauses 3, 4 and 5 Article 6, Clause 4 Article 8 of this Decree, unless the violating entities are foreigners.

2. Power to impose administrative penalties of inspectors:

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b) Heads of specialized inspection teams established by the Ministry of Education and Training of Vietnam shall have the power to impose penalties for the administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7; Clauses 1, 2, 3, 4 Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Article 10 and Sections 3, 4 Chapter II; Articles 16, 17, 18; Clauses 1, 2 and 3 Article 19; Clauses 1 and 2 Article 20; Sections 6, 7 and 8 Chapter II; the administrative violations prescribed in Points a, b, c, d, dd Clause 3 Article 5 and Clauses 3, 4, Points a, b, c, d Clause 5 Article 6, Clause 4 Article 8 of this Article, unless the violating entities are foreigners;

c) The Chief Inspector of the Ministry of Education and Training of Vietnam shall have the power to impose penalties for the administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Article 9, Article 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative violations prescribed in Clause 3 Article 5, and Clauses 3, 4 and 5 Article 6, Clause 4 Article 8 of this Decree, unless the violating entities are foreigners.

3. Power to impose penalties of Heads of provincial-level internal political security divisions, Directors of provincial-level police departments, Director of Immigration Department, and Director of Internal Political Security Department:

a) Heads of provincial-level internal political security divisions shall have the power to impose penalties for the administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20; Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33; Clause 1 and Points a, b, c Clause 2 Article 34; the administrative violations prescribed in Points a, b, c, d Clause 3 Article 5 and Clauses 3, 4, Points a, b and c Clause 5 Article 6, Clause 4 Article 8 of this Decree, unless the violating entities are foreigners;

b) Directors of provincial-level police departments shall have the power to impose penalties for the administrative violations prescribed in Points a, b, c and d Clause 3 Article 5; Clauses 3, 4 and Points a, b, c Clause 5 Article 6; Clause 4 Article 8 of this Decree;

c) Director of the Immigration Department shall have the power to impose penalties for the administrative violations prescribed in Clause 3 Article 5, and Clauses 3, 4 and 5 Article 6, Clause 4 Article 8 of this Decree;

d) Director of the Internal Political Security Department shall have the power to impose penalties for the administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Articles 9, 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative violations prescribed in Clause 3 Article 5, and Clauses 3, 4, 5 Article 6, Clause 4 Article 8 of this Decree, unless the violating entities are foreigners.”.

Article 2. Replacement and abrogation of some clauses, phrases in Government’s Decree No. 04/2021/ND-CP dated January 22, 2021

1. Clause 3 Article 2 is abrogated.

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a) The phrase “trong lĩnh vực giáo dục cấp Sở” (“in education field established by provincial Departments”) in Clause 2 Article 37 is replaced with the phrase “của Sở Giáo dục và Đào tạo” (“established by Provincial Departments of Education and Training”);

b) The phrase “trong lĩnh vực giáo dục cấp Bộ” (“in education field established by Ministries”) in Clause 3 Article 37 is replaced with the phrase “của Bộ Giáo dục và Đào tạo” (“established by the Ministry of Education and Training of Vietnam”).

3. The followings are abrogated:

a) The phrase “trung cấp,” (“intermediate-“) in Clause 2 Article 9;

b) The phrase “đối với chương trình giáo dục của nước ngoài” (“mode when providing foreign educational programs”) in Clause 7 Article 11;

c) The phrase “chuyên ngành” (“majors”) in Article 12.

Article 3. Transition

1. Penalties for the administrative violations in education field which have been committed before the effective date of this Decree but detected afterwards or are put under consideration shall be imposed in accordance with the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021; if this Decree does not provide for legal liability or impose less serious legal liability on such violations, regulations of this Decree shall prevail.

2. In case a violating entity files a complaint against a penalty imposition decision which has been issued or implemented before the effective date of this Decree, such complaint shall be settled in accordance with the 2012 Law on Penalties for Administrative Violations and the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021, and relevant regulations of law.

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This Decree comes into force from January 01, 2022.

Article 5. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial-level People’s Committees shall organize the implementation of this Decree.

ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam