DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON EDUCATION

The Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 prescribing penalties for administrative violations against regulations on education, coming into force from March 10, 2021, is amended by:

The Government’s Decree No. 127/2021/ND-CP dated December 30, 2021 providing amendments to the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 prescribing penalties for administrative violations against regulations on education, coming into force from January 01, 2022.

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;

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 Vocational Education and Training dated November 27, 2014;

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

The Government promulgates a Decree prescribing penalties for administrative violations against regulations on education. [1]

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with administrative violations, penalties, fines, remedial measures, power to record administrative violations, power to impose penalties, and specific fines imposed by authorized title holders for administrative violations in education field.

Article 2. Regulated entities

1. Vietnamese and foreign organizations and persons (hereinafter referred to as “entities”) that commit any administrative violations prescribed in this Decree within the territory of Vietnam.

Organizations that are liable to administrative penalties as prescribed in this Decree include:

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b) Special schools and other educational institutions; representative offices of foreign educational institutions in Vietnam; campuses/branches of foreign educational institutions in Vietnam; educational institutions of political organizations, socio-political organizations, socio-political-professional organizations, social organizations, and socio-professional organizations other than the ones mentioned in Point a Clause 1 of this Article, and organizations that are juridical persons other than educational institutions and provide early childhood education, general education; intermediate- or college-level teacher training programs; higher education, master or doctoral training programs; professional training and development programs under the management of the Ministry of Education and Training of Vietnam;

c) Education accreditation organizations, organizations providing overseas education consulting services and other education-related services under the management of the Ministry of Education and Training of Vietnam (hereinafter referred to as “educational service providers”);

d) Vocational education and training institutions providing joint training programs for bachelor's degrees.

2. Persons that have the power to record administrative violations, impose administrative penalties, and other relevant entities.

3. [2] (abrogated)

Article 3. Penalties and fines

1. Primary penalties:

a) Warning;

b) Fines.

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a) Confiscation of the exhibits and instrumentalities for committing administrative violations;

b) Deportation;

c) Suspension of operations for a fixed period.

3. Fines:

a) [3] The maximum fine for a violation in the vocational education field imposed upon an individual is VND 75.000.000; that imposed upon an organization is VND 150.000.000;

b) The fines prescribed in Chapter II of this Decree shall be imposed upon violating organizations, except the fines prescribed in Clause 5 Article 9, Clause 2 Article 11, Clause 1 and Points a, b, c, d, e Clause 3 Article 14, Point b Clause 3 Article 21, Clause 1 Article 23, Clause 1 Article 29 of this Decree which shall be imposed upon violating individuals. The fine imposed upon an individual is half of that imposed upon an organization for committing the same administrative violation.

4. [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.

Article 3a. Prescriptive period [5]

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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 the 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.

Article 4. Remedial measures

In addition to the remedial measures mentioned in Points a, e and i Clause 1 Article 28 of the Law on Penalties for Administrative Violations, entities committing violations in education field may be liable to one or some of the following remedial measures:

1. Enforced invalidation of degrees/diplomas issued ultra vires or containing unlawful contents.

2. Enforced cancellation of textbooks, syllabi, teaching materials and equipment.

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4. Enforced assurance of candidates’ rights and benefits.

5. Enforced transfer of matriculated learners to other eligible educational institutions or cancellation of matriculation decisions and return of collected amounts to learners in case of failed transfer.

6. Enforced return of documents to learners.

7. Enforced return of collected amounts and payment of all return costs.

8. Enforced reduction of number of learners to be enrolled in the following year by at least the excess percentage of total enrolment as prescribed.

9. Enforced cancellation of blank degrees/diplomas/certificates.

10. Enforced cancellation of degrees/diplomas/certificates.

11. Enforced cancellation of duplicates of degrees/diplomas/certificates.

12. Enforced cancellation of assessment results of education accreditation results.

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14. Enforced transfer of learners to licensed or registered locations.

15. Enforced provision or arrangement of lecturers/teachers to provide adequate teaching periods or learning volume.

16. Enforced organization or re-organization of dissertation/thesis defense as prescribed.

17. Enforced satisfaction of safety requirements regarding school and classroom facilities.

18. Enforced cancellation of disciplinary decisions and restoration of learners’ right to learn.

19. Enforced return of amounts improperly paid to state budget.

20. Enforced disclosure of information as prescribed.

21. Enforced issuance of public apology to persons whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected learners or their lawful representatives.

22. Enforced return of improperly paid amounts of donations.

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ADMINISTRATIVE VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES

Section 1. VIOLATIONS AGAINST REGULATIONS ON ESTABLISHMENT, LICENSING FOR ESTABLISHMENT; MERGER, SPLIT-OFF, SLIT-UP, DISSOLUTION OF EDUCATIONAL INSTITUTIONS OR EDUCATIONAL SERVICE PROVIDERS; CONVERSION OF TYPES OF EDUCATIONAL INSTITUTIONS

Article 5. Violations against regulations on establishment, licensing for establishment; merger, split-off, slit-up, dissolution of educational institutions or educational service providers; conversion of types of educational institutions

1. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for deliberately erasing, altering or falsifying one of the following documents:

a) Establishment decision, decision on establishment licensing; decision on merger, split-off, slit-up, dissolution or conversion of types of an educational institution;

b) Establishment decision, decision on establishment licensing; decision on merger, split-off, slit-up, or dissolution of an education accreditation organization.

2. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for establishing or licensing establishment or dissolution of an educational service provider before obtaining permission from a competent authority.

3. The following fines shall be imposed for establishing or licensing establishment, merger, split-off, slit-up, dissolution or conversion of types of an educational institution before obtaining permission from a competent authority:

a) A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed if the violation involves a daycare group or independent kindergarten class;

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c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves a general education institution or continuing education institution;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves a professional secondary school providing teacher training programs;

dd) [6] 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;

e) [7] A fine ranging from VND 100.000.000 to VND 130.000.000 shall be imposed if the violation involves a higher education institution.

4. Additional penalties:

a) The exhibit, which is the erased, altered or falsified establishment decision, decision on establishment licensing, decision on merger, split-off, slit-up, dissolution or conversion of types of an educational institution, establishment decision, decision on establishment licensing, or decision on merger, split-off, slit-up, or dissolution of an education accreditation organization, of the violation in Clause 1 of this Article shall be confiscated;

b) Foreigners who commit the violation in Clause 3 of this Article shall be deported from Vietnam.

5. Remedial measures: The entity committing any of the violations in Clauses 1, 2 and 3 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer.

Article 6. Violations against regulations on licensing for educational activities, registration of vocational education and training activities, registration or recognition of educational services

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a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves an early childhood education institution;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves a general education institution, continuing education institution or educational service provider;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves a professional secondary school or college providing teacher training programs;

d) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves a higher education institution, academy or institute providing doctoral training programs.

2. The following fines shall be imposed for organizing educational activities or providing educational services at locations other than the licensed, registered or recognized ones:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves an early childhood education institution;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves a general education institution, continuing education institution or educational service provider;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves a professional secondary school or college providing teacher training programs;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves a higher education institution, academy or institute providing doctoral training programs.

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4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for performing fraudulent acts for obtaining permission for educational activities; registration of vocational education and training activities, registration or recognition of educational services.

5. The following fines shall be imposed for organizing educational activities or providing educational services before obtaining licensing decision, certificate of registration, or decision on recognition of educational services:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves an early childhood education institution;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves a general education institution, continuing education institution or educational service provider;

c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves a professional secondary school providing teacher training programs;

d) [8] 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;

dd) [9] 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.

6. Additional penalties:

a) Educational activities or educational services shall be suspended for a fixed period of 06 – 12 months in case of commission of the violation in Clause 1 of this Article;

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c) Foreigners who commit any of the violations prescribed in Clauses 3, 4 and 5 of this Article shall be deported from Vietnam.

7. Remedial measures:

a) The entity committing the violation in Clause 2 of this Article is compelled to transfer learners to its licensed or registered locations;

b) The entity committing any of the violations in Clauses 1, 3, 4 and 5 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer;

c) Enforced return and proposed revocation of decision on licensing for educational activities or certificate of registration of vocational education and training activities; certificate of registration or licensing decision or decision on recognition of educational services in case of commission of the violation in Clause 4 of this Article.

Article 7. Violations against regulations on organization and management of educational institutions

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Failing to publicly disclose adequate information according to regulations on information disclosure by education and training institutions of the national education system and other relevant legislative documents;

b) Improperly or partially implementing regulations on reporting;

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d) Using name or locating the headquarters in a place other than the name or place specified in the establishment decision or decision on licensing for establishment;

dd) Failing to perform or improperly performing accountability according to prevailing regulations.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) [10] Failing to promulgate or implement adequate documents within the jurisdiction of educational institutions as prescribed by law;

b) Failing to publicly disclose accurate information according to prevailing regulations;

c) Failing to publicly disclose information according to prevailing regulations;

d) Failing to implement prevailing regulations on reporting;

dd) Failing to send notices/decisions issued by the higher education institution to the Ministry of Education and Training of Vietnam according to prevailing regulations.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for promulgating documents ultra vires or those containing unlawful contents.

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5. Remedial measures:

a) The entity committing the violation in Point a Clause 1 or Point c Clause 2 of this Article is compelled to make information disclosure as prescribed;

b) The entity committing the violation in Point b Clause 2 of this Article is compelled to correct false information;

c) The entity committing the violation in Clause 3 of this Article is compelled to invalidate documents promulgated ultra vires or those containing unlawful information.

Section 2. VIOLATIONS AGAINST REGULATIONS ON ENROLMENT

Article 8. Violations against regulations on organization of enrolment activities

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Issuing or publicly disclosing an enrolment announcement or enrolment scheme which does not contain correct and accurate information as prescribed;

b) Failing to announce enrolment for a period prescribed by law.

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a) Announcing total enrolment in excess of the one determined according to regulations on determination of total enrolment;

b) Failing to comply with enrolment procedures laid down in prevailing regulations.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Failing to disclose the cut-off marks of training disciplines for which the cut-off mark is a requirement;

b) Carrying out enrolment against the announced enrolment scheme.

4. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for foreign training disciplines/majors or programs before obtaining permission.

5. Additional penalties: Foreigners who commit the violation in Clause 4 of this Article shall be deported from Vietnam.

6. Remedial measures: The entity committing the violation in Clause 4 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer.

Article 9. Violations against regulations on eligible candidates 

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a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if the violation involves fewer than 10 learners;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if the violation involves 10 - 30 learners;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 30 learners or more.

2. The following fines shall be imposed for admitting unqualified learners for college-level [11] teacher training programs:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves fewer than 10 learners;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 10 - 30 learners;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 30 learners or more.

3. The following fines shall be imposed for admitting learners who fail to meet eligibility requirements laid down in enrolment regulations at higher education level:

a) A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed if the violation involves fewer than 10 learners;

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c) [12] A fine ranging from VND 110.000.000 to VND 150.000.000 shall be imposed if the violation involves 30 learners or more.

4. The following fines shall be imposed for admitting learners who fail to meet eligibility requirements laid down in enrolment regulations for master or doctoral training programs:

a) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves fewer than 05 learners;

b) A fine ranging from VND 40.000.000 to VND 70.000.000 shall be imposed if the violation involves 05 - 10 learners;

c) [13] A fine ranging from VND 110.000.000 to VND 150.000.000 shall be imposed if the violation involves 10 learners or more.

5. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for providing false information or altering documents included in the admission application in order to be enrolled, if not liable to criminal prosecution.

6. Additional penalties: Enrolment activities of the entity committing the violation in Point c Clause 3 or Point c Clause 4 of this Article shall be suspended for a fixed period of 06 - 12 months.

7. Remedial measures:

a) The entity committing any of the violations in Clause 1, 2, 3 and 4 of this Article is compelled to cancel the matriculation decision; return collected amounts to learners and incur all return fees if both the violating entity and learners are at fault;

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c) Enforced return and proposed revocation of matriculation decision in case of commission of the violation in Clause 5 of this Article.

Article 10. Violations against regulations on total enrolment

1. The following fines shall be imposed for enrolling a number of learners at upper secondary education level in excess of total enrolment as prescribed:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;

b) A fine ranging from VND 3.000.000 to VND 6.000.000 shall be imposed if 10% - 15% of total enrollment is exceeded;

c) A fine ranging from VND 6.000.000 to VND 10.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;

d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.

2. The following fines shall be imposed for enrolling a number of learners for college- or intermediate-level teacher training programs in excess of total enrolment determined according to regulations on determination of total enrolment:

a) A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;

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c) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;

d) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.

3. The following fines shall be imposed for enrolling a number of learners at higher education level in excess of total enrolment determined according to regulations on determination of total enrolment:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;

b) A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed if 10% - 15% of total enrollment is exceeded;

c) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;

d) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.

4. The following fines shall be imposed for enrolling a number of learners for master or doctoral training programs in excess of total enrolment determined according to regulations on determination of total enrolment:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;

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c) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;

d) A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.

5. Remedial measures: The entity committing any of the violations in Clauses 1, 2, 3 and 4 of this Article is compelled to reduce number of learners to be enrolled in the following year by at least the excess percentage of total enrolment.

Section 3. VIOLATIONS AGAINST REGULATIONS ON TRAINING CONTENTS/PROGRAMS, BRIDGE PROGRAMS AND JOINT TRAINING

Article 11. Violations against regulations on training volume, contents and programs

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to prepare adequate documents and records as prescribed or failing to use provided teaching equipment as prescribed.

2. A warning or the following fines shall be imposed for failing to provide adequate teaching periods or learning volume of each of the subjects or modules included in an educational program:

a) A warning shall be imposed if the violation involves fewer than 05 teaching periods;

b) A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if the violation involves 05 - 10 teaching periods;

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d) A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed if the violation involves 15 teaching periods or more.

3. A warning or the following fines shall be imposed for failing to arrange teachers/lecturers for delivering adequate teaching periods or learning volume of an educational program:

a) A warning shall be imposed if the violation involves fewer than 05 teaching periods;

b) A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 05 – 10 teaching periods;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 10 – 15 teaching periods;

d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 15 teaching periods or more.

4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to organize dissertation/thesis defense as prescribed in the educational program.

5. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for commission of one of the following violations:

a) Organizing assessment of master’s thesis or doctoral dissertation for learners who have not yet completed their training programs as prescribed;

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6. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for formulating higher education programs of different levels against prevailing regulations.

7. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to ensure training or educational duration or training mode [14].

8. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for providing a foreign educational program other than the one specified in the approved application.

9. Additional penalties: Educational activities shall be suspended for a fixed period of 06 – 12 months in case of commission of the violation in Clause 7 or Clause 8 of this Article.

10. Remedial measures:

a) The entity committing the violation in Clause 2 or Clause 3 of this Article is compelled to provide or arrange lecturers/teachers to provide adequate teaching periods or learning volume;

b) The entity committing the violation in Clause 4 of this Article is compelled to organize dissertation/thesis defense as prescribed;

c) The entity committing the violation in Point b Clause 5 of this Article is compelled to re-organize dissertation/thesis defense as prescribed;

d) The entity committing any of the violations in Clause 7 or Clause 8 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer.

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1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for exercising the autonomy in opening training disciplines[16] against procedures laid down in prevailing regulations.

2. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Failing to satisfy one of the eligibility requirements to open a training discipline[17] when exercising the autonomy in opening that discipline[18];

b) Performing fraudulent acts for obtaining permission to open a training discipline[19];

c) Failing to maintain the satisfaction of one of eligibility requirements to open training disciplines[20] according to prevailing regulations.

3. Additional penalties: Educational activities regarding the violating disciplines[21] shall be suspended for a fixed period of 06- 12 months in case of commission of the violation in Point c Clause 2 of this Article.

4. Remedial measures:

a) The entity committing the violation in Clause 2 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer;

b) Enforced return and proposed revocation of the decision to give permission for opening training disciplines[22] in case of commission of the violation in Point b Clause 2 of this Article.

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1. The following fines shall be imposed for violations against regulations on bridge programs:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to submit reports to the Ministry of Education and Training of Vietnam; failing to publicly disclose or disclosing inadequate information about bridge programs on the website of the higher education institution according to prevailing regulations;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for exercising the autonomy in providing bridge programs without satisfying eligibility requirements as prescribed.

2. The following fines shall be imposed for violations against regulations on joint training:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for concluding a joint training contract which does not contain adequate information about application fees, tuition fees and responsibilities of contractual parties according to prevailing regulations;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for committing a violation involving responsibilities of parties of the joint training contract;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for granting full-time degrees to students of joint training programs;

d) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for providing joint training programs in collaboration with ineligible partners;

dd) A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for providing joint training programs before obtaining written permission from a competent authority or exercising the autonomy in providing joint training programs without satisfying eligibility requirements as prescribed by law.

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4. Remedial measures:

a) The entity committing the violation in Point b Clause 1 or Point dd Clause 2 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer;

b) The entity committing the violation in Point c or d Clause 2 of this Article is compelled to transfer learners to its licensed locations.

Section 4. VIOLATIONS AGAINST REGULATIONS ON EXAMINATION, TEST AND ASSESSMENT OF LEARNERS’ PERFORMANCE

Article 14. Violations against regulations on examination

1. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be imposed for disrupting or threatening to use violence to obstruct candidates and organizers, inspectors, supervisors, examiners and supporting staff of an exam.

2. A fine ranging from VND 8.000.000 to VND 12.000.000 shall be imposed for disclosing false information about an exam.

3. The following fines shall be imposed for violations against regulations on examination:

a) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for entering the area where an exam is organized or marking activities are performed without permission; bringing documents, information carriers, or tools/equipment which are not allowed/prohibited to the exam room or marking area;

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c) A fine ranging from VND 6.000.000 to VND 8.000.000 shall be imposed for unlawfully changing the contents of exam papers or the given grades, if not liable to criminal prosecution;

d) A fine ranging from VND 8.000.000 to VND 12.000.000 shall be imposed for swapping exam papers, if not liable to criminal prosecution;

dd) A fine ranging from VND 12.000.000 to VND 14.000.000 shall be imposed for organizing marking of exam papers against regulations, if not liable to criminal prosecution;

e) A fine ranging from VND 14.000.000 to VND 16.000.000 shall be imposed for knowingly personating another person or having another person personate at an exam.

4. A fine ranging from VND 13.000.000 to VND 15.000.000 shall be imposed for losing exam papers of candidates.

5. Remedial measures:

a) The entity committing the violation in Clause 2 of this Article is compelled to correct false information;

b) The entity committing the violation in Point c Clause 3 of this Article is compelled to restore the initial state which has been altered due to the violation;

c) The entity committing the violation in Point c, d or dd Clause 3, or Clause 4 of this Article is compelled to ensure rights and benefits of candidates.

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1. A fine ranging from VND 2.000.000 to VND 15.000.000 shall be imposed for organizing tests or assessment of learners’ performance against prevailing regulations.

2. Remedial measures: The entity committing the violation in Clause 1 of this Article is compelled to hold another test or re-assess learners’ performance.

Section 5. VIOLATIONS AGAINST REGULATIONS ON OVERSEAS EDUCATION CONSULTING; INTERNATIONAL COOPERATION AND FOREIGN INVESTMENT IN EDUCATION

Article 16. Violations against regulations on overseas education consulting

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Failing to publicly disclose information about the foreign educational institution or quality accreditation or recognition of that foreign educational institution or its educational programs to persons who want to study abroad;

b) Publicly disclosing false information about the overseas education consulting service provider or the foreign educational institution or quality accreditation or recognition of that foreign educational institution or its educational programs to persons who want to study abroad;

c) Failing to implement prevailing regulations on reporting.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for leasing or letting others borrow the certificate of registration of overseas education consulting services.

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a) Providing consulting services or sending students to educational institutions in foreign countries for attending higher education, master or doctoral programs which have not yet been accredited or recognized in such countries;

b) Providing consulting services or sending students to educational institutions in foreign countries before entering into contracts with such institutions;

c) Failing to enter into overseas education consulting service contracts with students who want to study abroad, or their parents or lawful guardians;

d) Failing to perform or partially performing responsibilities and obligations of the overseas education consulting service provider towards students who have used its services and are studying abroad.

4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for continuing providing overseas education consulting services during the suspension period of overseas education consulting services.

5. Additional penalties: Overseas education consulting services shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Point b Clause 1, Clause 2 or Clause 3 of this Article.

6. Remedial measures:

a) The entity committing the violation in Point b Clause 1 of this Article is compelled to correct false information;

b) The violating entity is compelled to return all profits illegally obtained from the violation in Clause 2 of this Article;

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Article 17. Violations against regulations on operation of representative offices of foreign educational institutions in Vietnam

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for continuing operations after the validity period specified in the license to establish representative office in Vietnam has expired.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) Performing fraudulent acts for obtaining the license to establish representative office;

b) Operating against the issued decision on licensing for establishment of representative office or certificate of operation registration.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for carrying out operations before obtaining the license to establish or operate in Vietnam.

4. Additional penalties: Operations of the representative office of foreign educational institution in Vietnam shall be suspended for a fixed period of 03 - 06 months in case of commission of the violation in Point b Clause 2 of this Article.

5. Remedial measures:

a) Enforced return and proposed revocation of the license to establish representative office in case of commission of the violation in Point a Clause 2 of this Article;

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Article 18. Violations against regulations on admission of Vietnamese students to foreign educational programs provided by foreign-invested early childhood institutions or general education institutions

1. A fine ranging from VND 30.000.000 to VND 60.000.000 shall be imposed for admitting a number of Vietnamese students to a foreign educational program provided by a foreign-invested early childhood education institution or general education institution in excess of 50% of total students of that program.

2. Remedial measures: The entity committing the violation in Clause 1 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer.

Article 19. Violations against regulations on joint education and training with foreign partners 

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Failing to satisfy one of the eligibility requirements to provide joint education or joint training;

b) Performing fraudulent acts for obtaining a competent authority’s approval for joint education or joint training.

2. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for providing joint education or joint training program against the approval given by a competent authority.

3. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed for providing joint education or joint training after the validity period specified in the decision on approval or extension or modification of joint education or joint training activities has expired.

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a) Providing joint education or joint training before obtaining a competent authority’s written approval;

b) Exercising the autonomy in providing joint training programs without satisfying eligibility requirements as prescribed.

5. Additional penalties: Joint education or joint training programs provided by the entity committing the violation in Clause 1 or Clause 2 of this Article shall be suspended for a fixed period of 06 - 12 months.

6. Remedial measures: The entity committing the violation in Clause 4 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer.

Article 20. Violations against regulations on cooperation in organization of examination for issuance of certificates of foreign language proficiency

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for commission of one of the following violations:

a) Failing to satisfy one of the eligibility requirements to cooperate in organization of examination for issuance of certificates of foreign language proficiency;

b) Performing fraudulent acts for obtaining a competent authority’s approval for cooperation in organization of examination for issuance of certificates of foreign language proficiency.

2. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for cooperating in organization of examination for issuance of certificates of foreign language proficiency after the validity period specified in the decision on approval or extension of cooperation has expired.

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4. Additional penalties:

a) Cooperation activities of the entity committing the violation in Clause 1 or Clause 2 of this Article shall be suspended for a fixed period of 06 – 12 months;

b) The proceeds obtained from the violation in Clause 2 or Clause 3 of this Article shall be confiscated and paid to state budget in case collected amounts cannot be returned to payers.

5. Remedial measures: The entity committing the violation in Clause 2 or Clause 3 of this Article is compelled to return collected amounts and incur all return fees.

Section 6. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT, ISSUANCE AND USE OF DEGREES/DIPLOMAS AND CERTIFICATES

Article 21. Violations against regulations on issuance and management of degrees/diplomas/certificates under management of Ministry of Education and Training of Vietnam

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Failing to promulgate or promulgating regulations on management, retention, use and issuance of degrees/diplomas/certificates which do not have adequate contents as prescribed by law;

b) Failing to satisfy requirements regarding material facilities, fire and explosion prevention and control equipment for keeping degrees/diplomas/certificates and relevant documents according to prevailing regulations;

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d) Failing to issue duplicates of degrees/diplomas/certificates according to prevailing regulations.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) Failing to issue degrees/diplomas/certificates or their duplicates within prescribed time limits;

b) Revoking or invalidating degrees/diplomas/certificates against regulations;

c) Failing to issue or issuing appendices to higher education degrees/diplomas against prevailing regulations;

d) Failing to prepare or preparing documents on issuance and management of degrees/diplomas/certificates which do not contain adequate and accurate information as prescribed by law.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Issuing degrees/diplomas/certificates or their duplicates against regulations, except the violation prescribed in Point a Clause 2 of this Article;

b) Performing fraudulent acts for being issued with degrees/diplomas/certificates or their duplicates.

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5. Remedial measures:

a) The entity committing the violation in Point c Clause 1 of this Article is compelled to invalidate documents containing unlawful information; invalidate degrees/diplomas/certificates -re-issued against regulations on contents or issuing authority;

b) The entity committing the violation in Clause 3 of this Article is compelled to invalidate issued degrees/diplomas/certificates or their duplicates.

Article 22. Violations against regulations on printing and management of blank degrees/diplomas/certificates under management of Ministry of Education and Training of Vietnam

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Failing to satisfy requirements regarding material facilities, fire and explosion prevention and control equipment for printing and keeping blank degrees/diplomas/certificates according to prevailing regulations;

b) Failing to prepare or preparing documents on printing, issuance, use, revocation and cancellation of blank degrees/diplomas/certificates which do not contain adequate and accurate information as prescribed by law;

c) Failing to regulate the assignment of codes/signs used to identify blank degrees/diplomas/certificates for the purposes of security, identification and prevention of forgery of blank degrees/diplomas/certificates;

d) Printing blank degrees/diplomas/certificates whose contents do not comply with prevailing regulations;

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2. Remedial measures: The entity committing the violation in Point d Clause 1 of this Article is compelled to destroy blank degrees/diplomas/certificates whose contents do not comply with prevailing regulations.

Article 23. Violations against regulations on use and disclosure of information on issuance of degrees/diplomas/certificates under management of Ministry of Education and Training of Vietnam

1. A fine ranging from VND 5,000,000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

a) Using degrees/diplomas/certificates of others;

b) Letting others use one’s degrees/diplomas/certificates;

c) Using degrees/diplomas/certificates which have been erased, altered or falsified.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Disclosing inadequate information on issuance of degrees/diplomas/certificates on the issuer’s website;

b) Disclosing inaccurate information on issuance of degrees/diplomas/certificates on the issuer’s website;

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4. Additional penalties: The exhibits, which are erased, altered or falsified degrees/diplomas/certificates, of the violation in Point c Clause 1 of this Article shall be confiscated.

5. Remedial measures:

a) The entity committing the violation in Point a Clause 2 or Clause 3 of this Article is compelled to make information disclosure as prescribed;

b) The entity committing the violation in Point b Clause 2 of this Article is compelled to correct false information.

Section 7. VIOLATIONS AGAINST REGULATIONS ON TEACHERS AND LEARNERS

Article 24. Violations against regulations on employment of teachers

1. The following fines shall be imposed for employing unqualified teachers:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves an early childhood education institution, general education institution or continuing education institution;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves a professional secondary school or college providing teacher training programs;

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2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for employing teachers who fail to meet professional qualification or foreign language proficiency requirements to provide joint education or joint training programs with foreign partners, to teach at foreign-invested educational institutions, or to carry out cooperation in examination for issuance of certificates of foreign language proficiency.

Article 25. Violations against regulations on full-time teachers and lecturers of educational institutions

The following fines shall be imposed for failing to ensure the prescribed ratio of full-time teachers/lecturers to total teachers/lecturers of educational institutions:

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves a public general education institution granted the autonomy in its organizational structure or a private general education institution.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves a professional secondary school or college providing teacher training programs.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves a higher education institution, academy or institute providing doctoral training programs.

Article 26. Harming honor or dignity, or bodily harming teachers and managers of educational institutions; violations against regulations and policies for teachers

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for harming honor or dignity, or bodily harming teachers/managers of educational institutions, if not liable to criminal prosecution.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for committing violations against policies for teachers.

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Article 27. Violations against regulations on management of learner profiles

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

a) Letting others alter documents related to assessment of learners’ performance;

b) Preparing learner profiles against prevailing regulations;

c) Committing a violation against regulations on retention and management of learner profiles.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for receiving and keeping documents of learners against prevailing regulations.

3. Remedial measures:

a) The entity committing the violation in Point a Clause 1 of this Article is compelled to restore the initial state which has been altered due to the violation;

b) The entity committing the violation in Clause 2 of this Article is compelled to return documents to learners as prescribed.

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1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

a) Taking disciplinary actions against learners against prevailing regulations;

b) Harming honor or dignity or bodily harming learners, if not liable to criminal prosecution.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for committing violations against policies for learners.

3. Remedial measures:

a) The entity committing the violation in Point a Clause 1 of this Article is compelled to cancel disciplinary decisions and restore learners’ right to learn;

b) The entity committing the violation in Point b Clause 1 of this Article is compelled to issue public apology to learners whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected learners or their lawful representatives.

Article 29. Violations against regulations on universal access to education

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for inciting others to refuse or quit universal access to education programs at different levels.

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Section 8. VIOLATIONS AGAINST REGULATIONS ON MATERIALS FACILITIES, EQUIPMENT, FINANCE AND QUALITY ASSURANCE CONDITIONS

Article 30. Violations against regulations on purchase, receipt and use of textbooks, syllabi, teaching materials and equipment

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for purchasing, receiving or using textbooks, syllabi, teaching materials and equipment whose contents cause harm to the national defense or security, sovereignty over national borders, territorial seas and islands, community benefits, or international peace and security; distort the State guidelines, policies and regulations, or fight against the Government of the Socialist Republic of Vietnam; weaken or destroy the great national unity or distort history; provoke or advocate a war of aggression; adversely influence cultural and moral values as well as fine traditions and customs; distribute or disseminate superstitious or unlawful religious activities, unsound customs or social evils, if not liable to criminal prosecution.

2. Remedial measures: The entity committing the violation in Clause 1 of this Article is compelled to destroy textbooks, syllabi, teaching materials and equipment.

Article 31. Violations against regulations on mobilization of donations by educational institutions

1. The following fines shall be imposed for violations against regulations on mobilization of donations by educational institutions:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for committing violations against regulations on mobilization and receipt of donations;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for committing violations against regulations on management and use of donations.

2. Remedial measures: The entity committing the violation in Point b Clause 1 of this Article is compelled to return improperly paid amounts of donations.

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1. Penalties for violations against regulations on expenditures of which payment is controlled by the State Treasury shall be imposed in accordance with the Government’s regulations on penalties for administrative violations in the fields of management and use of public property; thrift practice and waste combat; national reserves; state treasury.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Receiving payments against regulations of competent authorities;

b) Making payments against regulations of competent authorities in respect of payments which are not covered by state budget.

3. Additional penalties: The proceeds obtained from the violation in Point a Clause 2 of this Article shall be confiscated and paid to state budget in case collected amounts cannot be returned to payers.

4. Remedial measures:

a) The entity committing the violation in Point a Clause 2 of this Article is compelled to return collected amounts and incur all return fees;

b) The entity committing the violation in Point b Clause 2 of this Article is compelled to return improperly paid amounts to state budget.

Article 33. Violations against regulations on quality or safety assurance conditions regarding material facilities of schools and classrooms

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2. The following fines shall be imposed for failing to maintain the prescribed student-teacher ratio or floor space per student ratio:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an educational institution whose prescribed student-teacher ratio is exceeded by 50% - 100% or that only achieves 50% - 90% of the prescribed floor space per student ratio;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed upon an educational institution whose prescribed student-teacher ratio is exceeded by 100%, or more, or that only achieves less than 50% of the prescribed floor space per student ratio.

3. Additional penalties: Enrolment by the entity committing the violation in Point b Clause 2 of this Article shall be suspended for a fixed period of 12 - 24 months.

4. Remedial measures: The entity committing the violation in Clause 1 of this Article is compelled to satisfy safety assurance conditions regarding facilities of schools and classrooms.

Article 34. Violations against regulations on education quality accreditation

1. The following fines shall be imposed upon an educational institution for committing violations against regulations on quality assessment of educational institutions and educational programs:

a) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for conducting internal assessment of quality of the educational institution or its training programs against procedures and regulations; 

b) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for providing false information about quality assessment results of the educational institution or its educational programs.

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a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to disclose or disclosing inadequate or inaccurate information on the website of the education accreditation organization according to prevailing regulations;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for establishing an external assessment team against prevailing regulations;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for conducting external assessment of the educational institution or its educational programs against procedures and regulations; 

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for recognizing assessment results and issuing certificate of conformity with education accreditation standards without satisfying requirements laid down in prevailing regulations.

3. Additional penalties: Education accreditation activities shall be suspended for a fixed period of 12- 24 months in case of commission of the violation in Point d Clause 2 of this Article.

4. Remedial measures:

a) The entity committing the violation in Point a Clause 2 of this Article is compelled to publicly disclose information as prescribed or correct false information;

b) Assessment results or education accreditation results shall be invalidated in case of commission of the violation in Point b or d Clause 2 of this Article;

c) The entity committing the violation in Point b or d Clause 2 of this Article is compelled to return collected amounts and incur all return fees.

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POWER TO RECORD AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 35. Power to make records and impose penalties for violations against regulations on education

1. The following officers shall have the power to record administrative violations prescribed in this Decree:

a) The officers that have the power to impose administrative penalties mentioned in Articles 36, 37 and 38 of this Decree;

b) Officials of district-level Departments of Education and Training, provincial Departments of Education and Training; on-duty full-time officials in charge of educational management of Ministries and ministerial agencies;

c) [25] Persons of the People’s Public Security forces who are performing their tasks in education field.

2. The penalties imposed by the title holders prescribed in Articles 36, 37 and 38 of this Decree are incurred by violating organizations; a title holder shall have the right to impose a fine which is half of that incurred by an organization upon an individual for committing the same administrative violation.

Article 36. Power to impose penalties of Chairpersons of People’s Committees at all levels

1. Chairpersons of People’s Committees of communes, wards or commune-level towns (hereinafter referred to as “commune-level") shall have the power to:

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b) Impose a fine up to VND 10.000.000;

c) [26] Confiscate the exhibits and instrumentalities for committing violations worth up to VND 20.000.000;

d) Impose the remedial measures specified in Point a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chairpersons of People’s Committees of urban/rural districts, district-level towns and provincial cities (hereinafter referred to as “district-level") shall have the power to:

a) Issue warning;

b) [27] Impose a fine up to VND 75.000.000;

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

d) [28] Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 150.000.000;

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

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a) Issue warning;

b) [29] Impose a fine up to VND 150.000.000;

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

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

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

Article 37. Power to impose penalties of inspectors in education field

1. On-duty inspectors in education field shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 1.000.000;

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d) Impose the remedial measures specified in Point a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chief Inspectors of education authorities affiliated to provincial-level People's Committees, and heads of specialized inspection teams established by Provincial Departments of Education and Training[31] shall have the power to:

a) Issue warning;

b)[32] Impose a fine up to VND 75.000.000;

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

d) [33] Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 150.000.000;

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

3. Heads of specialized inspection teams established by the Ministry of Education and Training of Vietnam[34] shall have the power to:

a) Issue warning;

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

d) [36] Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 210.000.000;

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

4. The Chief Inspector of the Ministry of Education and Training of Vietnam shall have the power to:

a) Issue warning;

b) [37] Impose a fine up to VND 150.000.000;

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

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

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

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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:

a) Issue warning;

b) Impose a fine up to VND 75.000.000;

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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;

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

dd) Issue deportation decisions;

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Article 39. Determination of power to impose penalties [39]

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:

a) Chief Inspectors of education authorities affiliated to provincial-level People's Committees, and heads of specialized inspection teams established by Provincial Departments of Education and Training 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) 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. 

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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.

Chapter IV

IMPLEMENTATION[40]

Article 40. 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. 138/2013/ND-CP dated October 22, 2013.

If this Decree does not provide for legal liability or impose less serious legal liability on such committed violations, regulations of this Decree shall prevail.

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Article 41. Effect

This Decree comes into force from March 10, 2021, and supersedes the Government’s Decree No. 138/2013/ND-CP dated October 22, 2013.

Article 42. Implementation responsibility

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

CERTIFIED BY

PP. MINISTER
DEPUTY MINISTER




Pham Ngoc Thuong

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[1] The Government’s Decree No. 127/2021/ND-CP providing amendments to the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 prescribing penalties for administrative violations against regulations on education is promulgated 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;

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;

The Law on Vocational Education and Training dated November 27, 2014;

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

The Law on Education dated June 14, 2019;

And at the request of the Minister of Education and Training of Vietnam;”

[2] This Clause is abrogated according to Clause 1 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[3] This Point is abrogated according to Point a Clause 1 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

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[5] This Article is added according to Clause 2 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[6] This Point is amended according to Point a Clause 3 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[7] This Point is amended according to Point b Clause 3 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[8] This Point is amended according to Point a Clause 4 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[9] This Point is amended according to Point b Clause 4 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[10] This Point is amended according to Clause 5 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[11] The phrase “trung cấp,” (“intermediate-“) is abrogated according to Point a Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[12] This Point is amended according to Point a Clause 6 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[13] This Point is amended according to Point b Clause 6 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

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[15] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[16] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[17] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[18] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[19] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[20] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[21] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[22] The phrase “chuyên ngành” (“majors”) is abrogated according to Point c Clause 3 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[23] The phrase “Phạt tiền từ 80.000.000 đồng đến 100.000.000 đồng đối với một trong các hành vi sau:” (“A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for commission of one of the following violations:”) is replaced with the phrase “Phạt tiền từ 80.000.000 đồng đến 110.000.000 đồng đối với một trong các hành vi sau:” (“A fine ranging from VND 80.000.000 to VND 110.000.000 shall be imposed for commission of one of the following violations:”) according to Clause 7 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

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[25] This Point is amended according to Clause 9 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[26] This Point is amended according to Point a Clause 10 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[27] This Point is amended according to Point b Clause 10 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[28] This Point is amended according to Point c Clause 10 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[29] This Point is amended according to Point d Clause 10 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[30] This Point is amended according to Point a Clause 11 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[31] The phrase “trong lĩnh vực giáo dục cấp Sở” (“in education field established by provincial Departments”) is replaced with the phrase “của Sở Giáo dục và Đào tạo” (“established by Provincial Departments of Education and Training”) according to Point a Clause 2 Article 2 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[32] This Point is amended according to Point b Clause 11 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[33] This Point is amended according to Point c Clause 11 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

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[35] This Point is amended according to Point d Clause 11 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[36] This Point is amended according to Point dd Clause 11 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[37] This Point is amended according to Point e Clause 11 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[38] This Article is amended according to Clause 12 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[39] This Article is amended according to Clause 13 Article 1 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022.

[40] Articles 3, 4 and 5 of the Government’s Decree No. 127/2021/ND-CP, coming into force from January 01, 2022, stipulate as follows:

 “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.”