Decree No. 04/2021/NĐ-CP on administrative sanctions for violations in the field of education

DECREE

Regulations on administrative penalties for violations in the field of education

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

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

pursuant to the Law on Ghigher education on June 18, 201 2 and the Law Amending and Supplementing Certain Provisions of the Higher Education Lawdated June 19 The Government issues this Decree on administrative penalties for violations in the field of education. of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; 2018;

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

Pursuant to the Education Law dated June 14, 2019;

At the proposal of the Minister of Education and Training;

This Decree stipulates acts of administrative violation, forms of penalty, levels of penalty, measures to remedy consequences for acts of administrative violation, authority to issue inspection reports, authority to impose penalties, specific monetary fines according to each position for acts of administrative violation in the field of education.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Vietnamese organizations and individuals and foreign organizations and individuals (hereinafter referred to as organizations and individuals) commit acts of administrative violation as prescribed in this Decree on the territory of Vietnam.

Article 2. Applicability

Organizations subject to administrative penalties under this Decree include:

a) Early childhood education facilities; general education facilities; continuing education facilities; junior colleges and community colleges that train teacher groups; higher education institutions; academies and institutes established by the Prime Minister pursuant to the Law on Science and Technology which are permitted to offer doctoral programs (hereinafter referred to as academies and institutes permitted to offer doctoral programs);

b) Specialized schools and other educational facilities; representative offices of foreign educational institutions in Vietnam; branch offices of foreign educational institutions in Vietnam; educational facilities belonging to political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations not falling within the scope prescribed in point a, Clause 1, Article 1 of this Decree and organizations that are legal entities not being educational facilities implementing early childhood education programs, general education programs; training associate degree, bachelor's degree, master's degree, doctoral degree programs in teacher groups; undergraduate, master's, doctoral degree programs; training and upgrading programs in professional fields under the management of the Ministry of Education and Training; c) Quality assurance organizations, organizations operating educational consulting services for study abroad, and organizations implementing services related to educational activities under the management of the Ministry of Education and Training (hereinafter referred to as educational service organizations);

d) Vocational education facilities implementing joint training at the bachelor's degree level.

2. Persons with the authority to issue inspection reports, impose administrative penalties, and other individuals and organizations involved.

3. In cases where civil servants, public officials, and employees commit acts of administrative violation in the field of education while performing their duties and such violations fall within the scope of their assigned tasks as stipulated in normative legal documents or administrative documents issued by competent authorities, they shall not be penalized according to this Decree but shall be dealt with according to laws governing civil servants, public officials, and employees.

State agencies committing acts of violation within their assigned state management tasks in the field of education shall not be penalized according to this Decree but shall be dealt with according to relevant laws.

When state agencies commit administrative violations within their assigned state management responsibilities in the field of education, they shall not be subject to penalties under this Decree but shall be dealt with according to relevant laws.

1. Principal forms of administrative penalty:

a) Warning;

b) Fine.

2. Additional forms of punishment:

a) Confiscation of contraband items and means of administrative violation;

b) Expel;

c) Suspension of activities for a specified period.

b) The fines prescribed in Chapter II of this Decree shall be applied to acts of administrative violations committed by organizations, except for the provisions set out in Clause 5, Article 9, Clause 2, Article 11, Clause 1 and points a, b, c, d, e of Clause 3, Article 14, point b of Clause 3, Article 21, Clause 1, Article 23, Clause 1, Article 29 of this Decree which are fines for acts of administrative violations committed by individuals. For the same act of administrative violation, the fine for individuals is half the fine for organizations.

Article 4. Measures to remedy consequences

In addition to the measures to remedy consequences stipulated in points a, e, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations, acts of administrative violations in the field of education may also be subject to one or several of the following remedial measures:

1. Compelling the revocation of documents issued without proper authority or containing content contrary to the law.

2. Compelling the revocation of books, textbooks, lecture materials, teaching aids, and educational equipment.

3. Compelling the re-examination and evaluation of students' results.

4. Compelling the assurance of candidates' rights.

5. Compelling the transfer of eligible admitted students to another qualified educational institution or revoking the admission decision and refunding the collected fees if the transfer cannot be made.

6. Compelling the return of students' files and documents.

7. Compelling the return of collected funds and bearing all costs associated with the refund.

8. Compelling a reduction in the number of admissions in the following year by at least the number of excess admissions beyond the quota.

9. Compelling the revocation of blank certificates and diplomas.

10. Compelling the revocation of certificates and diplomas.

11. Compelling the revocation of copies of certificates and diplomas.

12. Compelling the revocation of recognized assessment results or quality assurance results.

13. Compelling the return and recommending the competent authority to revoke issued documents and texts.

14. Compelling the transfer of students to locations permitted or registered for educational activities.

15. Compelling the provision of sufficient class hours or arranging sufficient class hours.

16. Compelling the organization of thesis or dissertation defense or re-defense according to regulations.

17. Compelling the assurance of safe physical conditions for school classrooms.

18. Compelling the revocation of disciplinary decisions and restoring students' right to study.

19. Compelling the payment into the state budget of improperly spent funds.

20. Compelling the implementation of public disclosure as prescribed.

21. Compelling public apology to the person whose honor and dignity has been violated or whose body has been harmed, except when the person whose honor and dignity has been violated or whose body has been harmed or their legal representative is a minor and does not request a public apology.

22. Compelling the return of improperly allocated funds from fundraising sources.

Chapter II

VIOLATIONS, FORMS OF PUNISHMENT, LEVELS OF PUNISHMENT

AND REMEDIAL MEASURES

Section 1

VIOLATIONS REGULATED ON ESTABLISHMENT, PERMITTING ESTABLISHMENT;

MERGER, DIVISION, SEPARATION, DISSOLUTION

EDUCATIONAL INSTITUTIONS OR ORGANIZATIONS IMPLEMENTING EDUCATIONAL SERVICES;

TRANSFORMATION OF EDUCATIONAL INSTITUTION FORMS

Article 5. Violations concerning the establishment, permission to establish; merger, division, separation, dissolution of educational facilities or organizations implementing educational services; conversion of types of educational facilities

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of erasing, altering to distort the content of any of the following types of documents:

a) Decision on establishment, decision on permission to establish; decision on merger, division, separation, dissolution, conversion of types of educational facilities;

b) Decision on establishment, decision on permission to establish; decision on merger, division, separation, dissolution of quality assessment organization.

2. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for the act of establishing or permitting the establishment; dissolving an organization implementing educational services without the permission of the competent authority.

3. A fine shall be imposed for the act of establishing or permitting the establishment, merger, division, separation, dissolution; conversion of types of educational facilities without the permission of the competent authority according to the following levels of fines:

a) A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for preschool groups, independent kindergarten classes;

b) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for kindergartens, primary schools, nurseries;

c) A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for general education facilities, regular education facilities;

d) A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for vocational colleges training teacher groups;

4. Additional forms of administrative punishment:

a) Confiscation of evidence as decisions on establishment, decisions on permission to establish, mergers, divisions, separations, dissolutions, conversions of types of educational facilities; decisions on establishment, decisions on permission to establish, decisions on mergers, divisions, separations, dissolutions of quality assessment organizations that have been erased, altered to distort their content for violations stipulated in Clause 1 of this Article;

b) Deportation of foreign nationals who commit violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences: Compel students who meet admission conditions to transfer to another educational facility permitted to operate or revoke the admission decision and refund the fees collected from the students if they cannot be transferred for violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 6. Violations concerning permission to operate education, registration for vocational education activities, registration or recognition of implementation of educational services

1. A fine shall be imposed for failing to ensure one of the conditions for permission to operate education, registration for vocational education activities; registration, permission to operate or recognition of operation of organizations implementing educational services according to the following levels of fines:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for preschool education facilities;

b) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for general education facilities, regular education facilities, organizations implementing educational services;

c) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for vocational colleges, college institutions training teacher groups;

d) A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for higher education facilities; academies, institutes permitted to train doctoral level.

2. A fine shall be imposed for organizing educational activities or providing educational services outside the permitted, registered, or recognized location according to the following levels of fines:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for preschool education facilities;

b) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for general education facilities, regular education facilities, organizations implementing educational services;

c) A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for vocational colleges, college institutions training teacher groups;

d) A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for higher education facilities; academies, institutes permitted to train doctoral level.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of erasing, altering to distort the content in the decision on permission to operate education or certificate of registration for vocational education activities; certificate of registration or decision on permission to operate, decision on recognition of operation for organizations implementing educational services.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for fraudulent acts to obtain permission to operate education; registration for vocational education activities, registration or recognition of organizations implementing educational services.

5. A fine shall be imposed for organizing educational activities or providing educational services without permission to operate, without a certificate of registration for operating activities, or without recognition of operation according to the following levels of fines:

a) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for preschool education facilities;

b) A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for general education facilities, regular education facilities, organizations implementing educational services;

c) A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for vocational colleges training teacher groups;

6. Additional forms of punishment:

a) Suspension of educational activities or educational services for six to twelve months for violations stipulated in Clause 1 of this Article;

b) Confiscation of evidence as decisions on permission to operate education, certificates of registration for vocational education activities; certificates of registration, decisions on permission to operate or decisions on recognition of operation of organizations implementing educational services that have been erased, altered to distort their content for violations stipulated in Clause 3 of this Article;

c) Deportation of foreign nationals who commit violations stipulated in Clauses 3, 4, and 5 of this Article.

7. Measures to remedy consequences:

a) Compel students to return to the location already licensed or registered for educational activities for violations stipulated in Clause 2 of this Article;

b) Compel the transfer of students who meet the admission criteria to another educational institution that is permitted to operate education, or revoke the admission decision and refund the collected fees to the student if such transfer cannot be made for violations as stipulated in Clauses 1, 3, 4, and 5 of this Article;

c) Compel the return and recommend the competent authority to revoke the decision permitting educational activities, the certificate of registration for vocational education activities, the certificate of registration, or the decision recognizing the organization implementing educational services for violations as stipulated in Clause 4 of this Article.

Article 7. Violations of regulations on managing educational institutions

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Publicly disclose incomplete contents as prescribed in the regulation on public disclosure for educational and training institutions within the national education system and other relevant legal documents;

b) Implement incomplete or incorrect information reporting systems as prescribed by current laws;

c) Prepare periodic reports and sudden reports with inaccurate contents;

d) Use names or establish headquarters at locations not in accordance with the establishment decision or the permission to establish;

đ) Fail to implement or implement incorrectly the responsibility of providing explanations as prescribed by current laws.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

b) Publicly disclose inaccurately the contents as prescribed by current laws;

c) Fail to implement public disclosure as prescribed by current laws;

d) Fail to implement the information reporting system as prescribed by current laws;

đ) Fail to send notifications or decisions of higher education institutions to the Ministry of Education and Training as prescribed by current laws.

3. Impose a fine of from VND 30,000,000 to VND 40,000,000 for issuing documents beyond authority or containing contents contrary to current laws.

4. Impose a fine of from VND 40,000,000 to VND 60,000,000 for failing to establish a school council for higher education institutions as prescribed by current laws.

5. Measures to remedy consequences:

a) Compel the implementation of public disclosure as prescribed for violations as stipulated in Point a, Clause 1, and Point c, Clause 2 of this Article;

b) Compel the correction of false information for violations as stipulated in Point b, Clause 2 of this Article;

c) Compel the revocation of issued documents beyond authority or containing contents contrary to the law for violations as stipulated in Clause 3 of this Article.

Section 2

VIOLATIONS OF REGULATIONS

 ON ENROLLMENT ACTIVITIES

Article 8. Violations of regulations on organizing enrollment

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Announce enrollment, publish the enrollment plan without correct or complete information as prescribed by current laws;

b) Announce enrollment without sufficient time as prescribed by current laws.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Publish enrollment quotas exceeding the quantity as prescribed in the quota determination regulations;

b) Fail to implement the enrollment process correctly as prescribed by current laws.

3. Impose a fine of from VND 30,000,000 to VND 40,000,000 for one of the following acts:

a) Fail to publish the minimum quality threshold for entry for majors with prescribed entry quality thresholds;

b) Conduct enrollment not in accordance with the published enrollment plan.

4. Impose a fine of from VND 40,000,000 to VND 60,000,000 for organizing enrollment for majors, specializations, or educational programs from foreign countries without permission.

5. Additional penalty measures: Deport foreigners committing violations as stipulated in Clause 4 of this Article.

6. Measures to mitigate consequences: Compel the transfer of students who meet the admission criteria to another educational institution that is permitted to operate education, or revoke the admission decision and refund the collected fees to the student if such transfer cannot be made for violations as stipulated in Clause 4 of this Article.

Article 9. Violation of provisions on admission candidates

1. A fine shall be imposed for the act of admitting candidates outside the prescribed categories under the admission regulations at the secondary school level according to the following levels of fines:

a) A fine of from VND 1,000,000 to VND 3,000,000 for the act of admitting fewer than 10 students incorrectly;

b) A fine of from VND 3,000,000 to VND 5,000,000 for the act of admitting from 10 to fewer than 30 students incorrectly;

c) A fine of from VND 5,000,000 to VND 10,000,000 for the act of admitting 30 or more students incorrectly.

a) A fine of from VND 5,000,000 to VND 10,000,000 for the act of admitting fewer than 10 students incorrectly;

b) A fine of from VND 10,000,000 to VND 20,000,000 for the act of admitting from 10 to fewer than 30 students incorrectly;

c) A fine of from VND 20,000,000 to VND 30,000,000 for the act of admitting 30 or more students incorrectly.

3. A fine shall be imposed for the act of admitting candidates for undergraduate training outside the prescribed categories under the admission regulations according to the following levels of fines:

a) A fine of from VND 10,000,000 to VND 30,000,000 for the act of admitting fewer than 10 students incorrectly;

b) A fine of from VND 30,000,000 to VND 70,000,000 for the act of admitting from 10 to fewer than 30 students incorrectly;

4. A fine shall be imposed for the act of admitting candidates for master's and doctoral training outside the prescribed categories under the admission regulations according to the following levels of fines:

a) A fine of from VND 20,000,000 to VND 40,000,000 for the act of admitting fewer than five students incorrectly;

b) A fine of from VND 40,000,000 to VND 70,000,000 for the act of admitting from five to fewer than ten students incorrectly;

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of falsifying or altering documents in the admission application to secure admission but not reaching the level of criminal prosecution.

6. Additional forms of punishment: Suspension of admission activities for six to twelve months for violations stipulated in point c clause 3 and point c clause 4 of this Article.

7. Measures to remedy consequences:

a) Compel the cancellation of the admission decision; compel the return of the amount collected from the student and bear all costs associated with returning the funds for violations stipulated in clauses 1, 2, 3, and 4 of this Article if the violation is due to the fault of both the violator and the student;

b) Compel the transfer of eligible admitted students who have enrolled to another educational institution authorized to operate education for violations stipulated in clauses 1, 2, 3, and 4 of this Article if the student is not at fault;

c) Compel the submission and recommend the relevant authority to revoke the admission decision for violations stipulated in clause 5 of this Article.

Article 10. Violation of provisions on admission quotas

1. A fine shall be imposed for the act of exceeding admission quotas at the secondary school level according to the following levels of fines:

a) A fine of from VND 1,000,000 to VND 3,000,000 for the act of exceeding the quota by 3% to less than 10%;

b) A fine of from VND 3,000,000 to VND 6,000,000 for the act of exceeding the quota by 10% to less than 15%;

c) A fine of from VND 6,000,000 to VND 10,000,000 for the act of exceeding the quota by 15% to less than 20%;

d) A fine of from VND 10,000,000 to VND 20,000,000 for the act of exceeding the quota by 20% or more.

2. A fine shall be imposed for the act of exceeding the number of admissions for vocational training at the intermediate and college levels in teacher education programs beyond the prescribed limits according to the following levels of fines:

a) A fine of from VND 2,000,000 to VND 4,000,000 for the act of exceeding the quota by 3% to less than 10%;

b) A fine of from VND 4,000,000 to VND 10,000,000 for the act of exceeding the quota by 10% to less than 15%;

c) A fine of from VND 10,000,000 to VND 20,000,000 for the act of exceeding the quota by 15% to less than 20%;

d) A fine of from VND 20,000,000 to VND 40,000,000 for the act of exceeding the quota by 20% or more.

3. A fine shall be imposed for the act of exceeding the number of admissions for undergraduate training beyond the prescribed limits according to the following levels of fines:

a) A fine of from VND 5,000,000 to VND 10,000,000 for the act of exceeding the quota by 3% to less than 10%;

b) A fine of from VND 10,000,000 to VND 30,000,000 for the act of exceeding the quota by 10% to less than 15%;

c) A fine of from VND 30,000,000 to VND 50,000,000 for the act of exceeding the quota by 15% to less than 20%;

d) A fine of from VND 50,000,000 to VND 70,000,000 for the act of exceeding the quota by 20% or more.

4. A fine shall be imposed for the act of exceeding the number of admissions for master's and doctoral training beyond the prescribed limits according to the following levels of fines:

a) A fine of from VND 10,000,000 to VND 20,000,000 for the act of exceeding the quota by 3% to less than 10%;

b) A fine of from VND 20,000,000 to VND 40,000,000 for the act of exceeding the quota by 10% to less than 15%;

c) A fine of from VND 40,000,000 to VND 60,000,000 for the act of exceeding the quota by 15% to less than 20%;

d) A fine of from VND 60,000,000 to VND 80,000,000 for the act of exceeding the quota by 20% or more.

5. Measures to address consequences: Compel a reduction in the number of admissions in the following year by at least the number of excess admissions for violations stipulated in clauses 1, 2, 3, and 4 of this Article.

Section 3

VIOLATIONS OF PROVISIONS ON CONTENT,

 PROGRAMS, JOINT TRAINING AND COLLABORATIVE EDUCATION

Article 11. Violations concerning the duration, content, and educational program

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of not establishing sufficient files and records as prescribed or not using teaching equipment that has been provided according to regulations.

2. A warning or a fine shall be imposed on the act of not teaching the required number of periods or the amount of study time stipulated in the educational program for a course or subject, with penalties as follows:

a) A warning shall be imposed for violations under five periods;

b) A fine of from VND 500,000 to VND 1,000,000 shall be imposed for violations from five periods to less than ten periods;

c) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for violations from ten periods to less than fifteen periods;

d) A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for violations of fifteen periods or more.

3. A warning or a fine shall be imposed on the act of not scheduling sufficient periods or the amount of study time stipulated in the educational program, with penalties as follows:

a) A warning shall be imposed for violations under five periods;

b) A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for violations from five periods to less than ten periods;

c) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for violations from ten periods to less than fifteen periods;

d) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for violations of fifteen periods or more.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not organizing the defense of the thesis or dissertation, project, or final paper as prescribed in the educational program.

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

a) Organizing the evaluation of master's dissertations or doctoral theses when the student has not completed the prescribed study program;

b) Establishing an evaluation committee for master's dissertations or doctoral theses not in accordance with the prescribed composition.

6. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of developing training programs for higher education levels not in accordance with current laws.

8. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on the act of teaching foreign educational programs not in accordance with the program in the licensing file.

9. Additional forms of punishment: Suspension of educational activities for six to twelve months for violations stipulated in Clauses 7 and 8 of this Article.

10. Measures to address consequences:

a) Order to teach the required number of periods or the amount of study time or to schedule the required number of periods or the amount of study time for violations stipulated in Clauses 2 and 3 of this Article;

b) Order to organize the defense of the dissertation or thesis for violations stipulated in Clause 4 of this Article;

c) Order to reorganize the defense of the dissertation or thesis for violations stipulated at point b of Clause 5 of this Article;

d) Order to transfer students who have been admitted and meet the admission criteria to another educational institution permitted to conduct educational activities or revoke the admission decision and refund the fees collected from the student if the transfer cannot be made for violations stipulated in Clauses 7 and 8 of this Article.

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of independently establishing majors or specializations without following the procedures and formalities prescribed by current laws.

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

a) Independently establishing a major or specialization before meeting one of the conditions prescribed for a major or specialization;

b) Fraudulently obtaining permission to establish a major or specialization;

c) Failing to maintain one of the conditions already established for a major or specialization as prescribed by current laws.

3. Additional forms of punishment: Suspension of educational activities for six to twelve months for the major or specialization for violations stipulated at point c of Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order to transfer students who have been admitted and meet the admission criteria to another educational institution permitted to conduct educational activities or revoke the admission decision and refund the fees collected from the student if the transfer cannot be made for violations stipulated in Clause 2 of this Article;

b) Order to return and request the competent authority to revoke the decision granting permission to establish a major or specialization for violations stipulated at point b of Clause 2 of this Article.

Article 13. Violations concerning joint training and cooperative training programs

1. A fine shall be imposed for violations of regulations on joint training programs as follows:

a) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to report to the Ministry of Education and Training; not publicly disclosing or disclosing insufficiently the contents related to joint training programs on the website of higher education institutions as prescribed by current laws;

b) A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for organizing joint training programs independently without meeting the conditions stipulated by current laws.

2. A fine shall be imposed for violations of regulations on cooperative training programs as follows:

a) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for signing cooperative training contracts that do not fully include the agreed terms regarding admission fees, tuition, and responsibilities of the parties involved in cooperative training programs as prescribed by current laws;

b) A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for violating the responsibilities of the parties involved in cooperative training programs;

c) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for awarding regular diplomas through cooperative training programs;

d) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for cooperative training with partners who do not comply with the provisions of current laws;

đ) A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed for conducting cooperative training without a permit from the competent state agency or independently organizing cooperative training without ensuring the required conditions as prescribed by current laws.

3. Additional forms of punishment: Suspension of cooperative training activities for six to twelve months for violations stipulated in points b and đ of Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel the transfer of students who have been admitted and meet the admission criteria to another educational institution that has the necessary permits to operate or revoke the admission decision and refund the collected fees to the students if the transfer cannot be made for violations stipulated in point b of Clause 1 and point đ of Clause 2 of this Article;

b) Compel the transfer of students back to the location where they were permitted to operate for violations stipulated in points c and d of Clause 2 of this Article.

Section 4

VIOLATIONS OF REGULATIONS ON EXAMINATIONS,

ASSESSMENTS, AND EVALUATION OF STUDENT PERFORMANCE

Article 14. Violations of examination regulations

1. A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed for causing disturbances or threatening to use force to obstruct candidates, exam organizers, exam supervisors, invigilators, graders, and support staff.

2. A fine of from VND 8,000,000 to VND 12,000,000 shall be imposed for disseminating false information about examinations.

3. A fine shall be imposed for violations of examination regulations as follows:

a) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for entering examination areas without permission; bringing unauthorized materials, information, or items into examination rooms or grading areas;

b) A fine of from VND 2,000,000 to VND 6,000,000 shall be imposed for helping candidates complete their exams or assisting candidates in completing their exams;

c) A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed for adding or altering the content of exam papers or changing exam scores contrary to regulations but not reaching the level of criminal prosecution;

d) A fine of from VND 8,000,000 to VND 12,000,000 shall be imposed for swapping exam papers contrary to regulations but not reaching the level of criminal prosecution;

đ) A fine of from VND 12,000,000 to VND 14,000,000 shall be imposed for grading exams improperly contrary to regulations but not reaching the level of criminal prosecution;

e) A fine of from VND 14,000,000 to VND 16,000,000 shall be imposed for taking exams on behalf of others or accompanying others in exams or having others take exams on their behalf or accompanying them in exams.

4. A fine of from VND 13,000,000 to VND 15,000,000 shall be imposed for losing candidates' exam papers.

5. Measures to remedy consequences:

a) Compel correction of false information for violations stipulated in Clause 2 of this Article;

b) Compel restoration to the original condition for violations stipulated in point c of Clause 3 of this Article;

c) Compel assurance of candidates' rights for violations stipulated in points c, d, đ of Clause 3 and Clause 4 of this Article.

Article 15. Violation of regulations on organizing examination and assessment of learning outcomes of learners

1. A fine of from VND 2,000,000 to VND 15,000,000 shall be imposed for the act of organizing examination and assessment of learning outcomes of learners not in accordance with current laws.

2. Measures to remedy consequences: Compel the organization to re-examine and assess the learning outcomes of learners for the violation stipulated in Clause 1 of this Article.

Section 5

VIOLATIONS OF REGULATIONS ON EDUCATION ABROAD CONSULTING;

 COOPERATION AND FOREIGN INVESTMENT IN THE FIELD

EDUCATION

Article 16. Violations of regulations on education abroad consulting activities

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failure to publicly disclose information related to foreign educational institutions or their quality accreditation or recognition status, or educational programs for individuals intending to study abroad;

b) Publicly disclosing false information about the business operation of education abroad consulting services; information related to foreign educational institutions or their quality accreditation or recognition status, or educational programs for individuals intending to study abroad;

c) Failure to implement reporting requirements as prescribed by current laws.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of renting or lending the business registration certificate for education abroad consulting services.

3. Impose a fine of from VND 30,000,000 to VND 40,000,000 for one of the following acts:

a) Advising and sending individuals to study at foreign educational institutions implementing university, master's, or doctoral programs that have not been accredited or recognized in the host country;

b) Advising and sending individuals to study at foreign educational institutions without signing a contract with the foreign educational institution;

c) Not signing an education abroad consulting service contract with individuals intending to study abroad or their parents or legal guardians;

d) Not performing or performing inadequately the responsibilities and obligations of the business entity providing education abroad consulting services towards students who have been advised and sent abroad for study.

4. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of continuing to operate education abroad consulting services during the period when such services are suspended.

5. Additional form of punishment: Suspension of education abroad consulting activities for three to six months for violations stipulated in point b, Clause 1 and Clauses 2 and 3 of this Article.

6. Measures to remedy consequences:

a) Compel correction of false information for violations stipulated in point b, Clause 1 of this Article;

b) Compel repayment of unlawful profits obtained through the implementation of violations stipulated in Clause 2 of this Article;

c) Compel return of collected funds and bear all costs associated with returning such funds for violations stipulated in point b, Clause 1 and points a and b, Clause 3 of this Article.

Article 17. Violations of regulations on the operations of representative offices of foreign educational organizations in Vietnam

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for continuing operations after the permitted operating period in Vietnam has expired.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Fraudulent acts to obtain permission to establish a representative office;

b) Operating outside the scope specified in the decision granting permission to establish a representative office or the business registration certificate.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for operating without obtaining permission to establish or operate in Vietnam.

4. Additional form of punishment: Suspension of operations of the representative office of foreign educational organizations in Vietnam for three to six months for violations stipulated in point b, Clause 2 of this Article.

5. Measures to remedy consequences:

a) Compel submission and request the competent authority to revoke the decision granting permission to establish a representative office for violations stipulated in point a, Clause 2 of this Article;

b) Compel repayment of unlawful profits obtained through the implementation of violations stipulated in point b, Clause 2 of this Article.

Article 18. Violation of regulations on accepting Vietnamese students to study foreign education programs at preschool and general education institutions with foreign investment

1. A fine of from 30,000,000 VND to 60,000,000 VND for the act of enrolling more than 50% of Vietnamese students to study foreign education programs at preschool and general education institutions with foreign investment compared to the total number of students studying foreign education programs at such educational institutions.

2. Measures to remedy consequences: Compel the transfer of eligible admitted learners who have enrolled to another qualified educational institution permitted to operate education or revoke the admission decision and refund the fees collected from the learner if transfer is not possible for the violation stipulated in Clause 1 of this Article.

Article 19. Violation of regulations on implementing educational cooperation and training cooperation with foreign countries

1. A fine of VND 30,000,000 to VND 40,000,000 for one of the following acts:

a) Failing to ensure one of the conditions for implementing educational cooperation and training cooperation;

b) Fraud to obtain approval from competent authorities for implementing educational cooperation and training cooperation.

2. A fine of from 40,000,000 VND to 60,000,000 VND for the act of organizing teaching of cooperative education and training programs not in accordance with the content approved by competent authorities.

3. A fine of from 60,000,000 VND to 80,000,000 VND for the act of engaging in educational cooperation and training cooperation after the expiration of the time limit specified in the decision approving, extending, or adjusting the cooperation but without extension or adjustment.

a) Engaging in educational cooperation or training cooperation without a document approving such cooperation from competent authorities;

b) Implementing autonomous training cooperation without meeting the conditions prescribed.

5. Additional form of punishment: Suspension of educational cooperation and training cooperation activities for six months to twelve months for violations stipulated in Clauses 1 and 2 of this Article.

6. Measures to mitigate consequences: Compel the transfer of students who meet the admission criteria to another educational institution that is permitted to operate education, or revoke the admission decision and refund the collected fees to the student if such transfer cannot be made for violations as stipulated in Clause 4 of this Article.

Article 20. Violation of regulations on cooperating to organize foreign language proficiency certificate examinations

1. A fine of from 30,000,000 VND to 50,000,000 VND for one of the following acts:

a) Failing to ensure one of the conditions for implementing cooperation to organize foreign language proficiency certificate examinations;

b) Fraud to obtain approval from competent authorities for implementing cooperation to organize foreign language proficiency certificate examinations.

2. A fine of from 50,000,000 VND to 70,000,000 VND for the act of cooperating to organize foreign language proficiency certificate examinations after the expiration of the time limit specified in the decision approving or extending the cooperation but without extension.

4. Additional forms of administrative punishment:

a) Suspension of cooperation activities for six months to twelve months for violations stipulated in Clauses 1 and 2 of this Article;

b) Confiscation of the proceeds obtained from the implementation of the violation to be deposited into the state budget according to the provisions of the law for violations stipulated in Clauses 2 and 3 of this Article in cases where it is not possible to implement measures to remedy the consequences of returning the collected fees.

5. Measures to remedy consequences: Compel the return of the collected fees and bear all costs of organizing the return for violations stipulated in Clauses 2 and 3 of this Article.

Chapter 6

VIOLATIONS OF REGULATIONS

ON MANAGEMENT, ISSUANCE AND USE OF DEGREES AND CERTIFICATES

Article 21. Violations concerning the issuance and management of certificates within the scope of management by the Ministry of Education and Training

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Not promulgating or promulgating regulations on the preservation, storage, use, distribution of certificates but not fully complying with the current legal provisions;

b) Not ensuring material infrastructure, equipment, fire prevention measures to preserve certificates and files in accordance with current legal provisions;

c) Issuing decisions to amend, reissue certificates without complying with the current legal provisions regarding procedures and formalities; content, authority, deadlines;

d) Not implementing the issuance of copies of certificates in accordance with current legal provisions;

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Issuing certificates or copies of certificates not in accordance with the time limits stipulated by current legal provisions;

b) Revoking, canceling certificates not in accordance with current legal provisions;

c) Not issuing or issuing appendices to higher education certificates not in accordance with current legal provisions;

d) Not establishing or establishing management files for the issuance and management of certificates not fully and accurately in accordance with current legal provisions;

3. Impose a fine of from VND 30,000,000 to VND 40,000,000 for one of the following acts:

a) Issuing certificates or copies of certificates not in accordance with current legal provisions, except for violations stipulated in point a, Clause 2 of this Article;

b) Fraudulently obtaining certificates or copies of certificates;

4. A fine of from VND 40,000,000 to VND 50,000,000 for the act of not building a database system for managing certificates;

5. Measures to remedy consequences:

a) Compelling the cancellation of documents containing illegal content; canceling reissued certificates not in accordance with current legal provisions regarding content or authority for violations stipulated in point c, Clause 1 of this Article;

b) Compelling the cancellation of certificates or copies of certificates for violations stipulated in Article 3 of this Law;

Article 22. Violations concerning the printing of certificate blanks and the management of certificate blanks within the scope of management by the Ministry of Education and Training

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Not ensuring material infrastructure, equipment, safety, fire prevention measures in printing and preserving certificate blanks in accordance with current legal provisions;

b) Not establishing or establishing management files for the printing, issuance, use, recovery, and cancellation of certificate blanks not fully and accurately in accordance with current legal provisions;

c) Not specifying the establishment of serial numbers and identification symbols for certificate blanks to serve identification and anti-counterfeiting purposes;

d) Printing certificate blanks with contents not in accordance with current legal provisions;

đ) Implementing the cancellation of certificate blanks not in accordance with current legal provisions;

2. Measures to remedy consequences: Compelling the cancellation of certificate blanks with contents not in accordance with current legal provisions for violations stipulated in point d, Clause 1 of this Article;

Article 23. Violations concerning the use and public disclosure of information on the issuance of certificates within the scope of management by the Ministry of Education and Training

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Using another person's certificate;

b) Allowing others to use one's own certificate;

c) Using certificates that have been erased or altered to change their content;

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

a) Publicly disclosing incomplete information about the issuance of certificates on the unit's website;

b) Publicly disclosing inaccurate information about the issuance of certificates on the unit's website;

3. A fine of from VND 20,000,000 to VND 40,000,000 for the act of not publicly disclosing information about the issuance of certificates on the unit's website;

4. Additional penalties: Confiscation of evidence items being certificates that have been erased or altered to change their content for violations stipulated in point c, Clause 1 of this Article;

5. Measures to remedy consequences:

a) Compelling compliance with public disclosure requirements for violations stipulated in point a, Clause 2 and Article 3 of this Law;

b) Compelling correction of information for violations stipulated in point b, Clause 2 of this Law;

Section 7

VIOLATIONS OF REGULATIONS

FOR TEACHERS AND STUDENTS

Article 24. Violations concerning the use of teachers

1. A fine shall be imposed for the act of using teachers who do not meet the required conditions and standards, with penalties as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 for violations at preschool education facilities, general education schools, and regular education centers;

b) A fine of VND 10,000,000 to VND 20,000,000 for violations at secondary vocational colleges and colleges training teacher groups;

c) A fine of VND 30,000,000 to VND 40,000,000 for violations at higher education institutions; research institutes, and institutes authorized to train doctoral level programs.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of using teachers who do not comply with the regulations on professional qualifications or foreign language proficiency in teaching educational programs, joint training programs with foreign countries, or teaching programs at education facilities with foreign investment; in implementing joint organizations to conduct foreign language certification exams.

Article 25. Violations concerning the guarantee of the ratio of full-time teachers and lecturers in educational facilities

A fine shall be imposed for violations of the regulation on the ratio of full-time teachers and lecturers to the total number of teachers and lecturers in educational facilities, with penalties as follows:

1. A fine of VND 5,000,000 to VND 10,000,000 for violations at public general education schools granted autonomy in organization and private general education schools.

2. A fine of VND 10,000,000 to VND 20,000,000 for violations at secondary vocational colleges and colleges training teacher groups.

3. A fine of VND 20,000,000 to VND 30,000,000 for violations at higher education institutions; research institutes, and institutes authorized to train doctoral level programs.

Article 26. Insulting the reputation, dignity, assaulting teachers and educational management staff in educational facilities; violating regulations on policies for teachers

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for acts of insulting the reputation, dignity; assaulting teachers and educational management staff in educational facilities but not reaching the level of criminal prosecution.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for violations of policies for teachers.

3. Measures to remedy consequences: Compel the offender to publicly apologize to the person whose reputation, dignity has been insulted; body assaulted, except in cases where the person whose reputation, dignity has been insulted; body assaulted requests not to apologize publicly.

Article 27. Violations concerning the management of student records

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Causing the occurrence of record tampering related to the assessment of student academic performance;

b) Establishing student management records that do not comply with current laws;

c) Violating regulations on storing and preserving student records.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of collecting or retaining student records and documents in violation of current laws.

3. Measures to remedy consequences:

a) Compel the restoration of the original state prior to the change for violations stipulated in point a, Clause 1 of this Article;

b) Compel the return of student records and documents for violations stipulated in Clause 2 of this Article.

Article 28. Violations concerning disciplinary regulations for students; insulting the honor and dignity, infringing upon the physical body of students; violations concerning policies towards students

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Disciplining students not in accordance with current laws;

b) Insulting the honor and dignity, infringing upon the physical body of students but not to the extent of criminal prosecution.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on violations concerning policies towards students.

3. Measures to remedy consequences:

a) Compel the revocation of the disciplinary decision and restore the right to study of the student for violations stipulated in point a, Clause 1 of this Article;

b) Compel a public apology to the person whose honor and dignity were insulted, or whose physical body was infringed upon for violations stipulated in point b, Clause 1 of this Article, except in cases where the person whose honor and dignity were insulted, or whose physical body was infringed upon, or the lawful representative of the student who is a minor does not request a public apology.

Article 29. Violations concerning universal education provisions

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on acts of inciting non-attendance or dropping out of school for students at all levels of universal education.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on acts of obstructing attendance at school for students at all levels of universal education.

Section 8

VIOLATIONS OF PROVISIONS ON INFRASTRUCTURE, EQUIPMENT,

FINANCE AND CONDITIONS TO ENSURE QUALITY

Article 30. Violations concerning procurement, acceptance, and use of textbooks, teaching materials, lecture notes, educational materials, and teaching equipment

1. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on acts of procuring, accepting, and using textbooks, teaching materials, lecture notes, educational materials, and teaching equipment containing content harmful to national defense, national security, territorial sovereignty, maritime and island territories, community interests, and world peace and security; distorting state policies, laws, and propaganda against the Socialist Republic of Vietnam; dividing the whole people's solidarity bloc, distorting history; inciting violence, promoting war aggression; adversely affecting culture, morality, traditional customs; spreading superstition, religion, outdated customs, social evils but not to the extent of criminal prosecution.

2. Measures to remedy consequences: Compel the cancellation of textbooks, teaching materials, lecture notes, educational materials, and teaching equipment for violations stipulated in Clause 1 of this Article.

Article 31. Violations concerning fundraising activities in educational institutions

1. Imposing fines on violations concerning fundraising activities in educational institutions according to the following levels of fines:

a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on violations concerning procedures for fundraising and receiving donations;

b) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on violations concerning management and use of donations.

2. Measures to remedy consequences: Compel the return of funds improperly disbursed from fundraising sources for violations stipulated in point b, Clause 1 of this Article.

Article 32. Violations concerning financial income and expenditure of educational institutions

1. Violations concerning improper expenditures for items subject to treasury control as prescribed in the Government Decree stipulating administrative penalties in the field of management and use of state assets; thrift and anti-waste; national reserves; state treasuries.

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

a) Collecting revenues not in accordance with authorized regulations;

b) Expenditures not in accordance with authorized regulations for items not included in the state budget.

3. Additional forms of punishment: Confiscate the proceeds obtained from the violation and transfer them to the state budget as prescribed by law for violations stipulated in point a, Clause 2 of this Article in cases where it is impossible to implement measures to remedy the consequences of returning collected amounts.

4. Measures to remedy consequences:

a) Compel the return of collected amounts and bear all costs associated with the return for violations stipulated in point a, Clause 2 of this Article;

b) Compel the payment of improperly expended amounts into the state budget for violations stipulated in point b, Clause 2 of this Article.

Article 33. Violation of provisions on conditions ensuring quality or ensuring safety conditions for school premises and classrooms

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on acts failing to ensure safety conditions for school premises and classrooms in accordance with current legal regulations on standards for school premises and classrooms.

2. A fine shall be imposed on acts failing to ensure the ratio of students to teachers or the floor area ratio per student at the following levels of fines:

a) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on educational institutions where the student-to-teacher ratio exceeds the prescribed standard by 50% to 100%, or where the floor area ratio per student only reaches 50% to 90% of the prescribed standard;

b) A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on educational institutions where the student-to-teacher ratio exceeds the prescribed standard by 100% or more, or where the floor area ratio per student only reaches less than 50% of the prescribed standard.

3. Additional form of administrative sanction: Suspension of enrollment activities for from 12 months to 24 months for violations stipulated in point b, Clause 2 of this Article.

4. Measures to remedy consequences: Compel to ensure safety conditions for school premises and classrooms for violations stipulated in Clause 1 of this Article.

Article 34. Violation of provisions on education quality assessment

1. A fine shall be imposed on educational institutions violating regulations on assessing the quality of educational institutions and educational programs at the following levels of fines:

a) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on acts of self-assessing the quality of educational institutions or training programs not in accordance with the procedures and formalities prescribed by current laws;

b) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on acts of reporting the results of assessing the quality of educational institutions or educational programs not in accordance with reality.

2. A fine shall be imposed on organizations violating regulations on education quality assessment at the following levels of fines:

a) A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on acts of not publicly disclosing or disclosing incompletely or inaccurately the contents on the organization's website for education quality assessment as prescribed by current laws;

b) A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on acts of establishing external evaluation teams not in accordance with current laws;

c) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on acts of conducting external evaluations of educational institutions or educational programs not in accordance with the procedures and formalities prescribed by current laws;

d) A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on acts of recognizing evaluation results and issuing Quality Assessment Certificates when not meeting the required conditions as prescribed by current laws.

3. Additional form of administrative sanction: Suspension of education quality assessment activities for from 12 months to 24 months for violations stipulated in point d, Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel to implement public disclosure as prescribed or compel to correct false information for violations stipulated in point a, Clause 2 of this Article;

b) Compel to revoke recognition of evaluation results or quality assessment results for violations stipulated in points b and d, Clause 2 of this Article;

c) Compel to refund collected amounts and bear all costs of organizing refunds for violations stipulated in points b and d, Clause 2 of this Article.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS

 AND IMPOSE ADMINISTRATIVE SANCTIONS ON VIOLATIONS

Article 35. Competence to draw up administrative violation records and competence to impose administrative sanctions in the field of education

1. The persons authorized to draw up administrative violation records for acts violating the provisions of this Decree include:

a) Persons authorized to impose administrative sanctions as stipulated in Articles 36, 37, and 38 of this Decree;

b) Civil servants from the Department of Education and Training at district, provincial, and central levels; specialized civil servants responsible for educational management tasks at ministries and ministerial-level agencies while performing their duties;

2. The authority to impose administrative sanctions on organizations as stipulated in Articles 36, 37, and 38 of this Decree shall apply to one act of administrative violation committed by an organization; in cases involving fines, the authority to impose sanctions on individuals shall be half the authority to impose sanctions on organizations.

Article 36. Authority to impose sanctions of Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

d) Apply measures to remedy consequences as stipulated in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

đ) Apply measures to remedy consequences as stipulated in Article 4 of this Decree.

3. The Chairperson of the People's Committee at the provincial level has the right to:

a) To issue warnings;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply measures to remedy consequences as stipulated in Article 4 of this Decree.

Article 37. Authority to impose sanctions of specialized inspectors in the field of education

1. Inspectors in the field of education while performing their duties have the right to:

a) To issue warnings;

b) To impose a fine up to 1,000,000 dong;

d) Apply measures to remedy consequences as stipulated in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.

a) To issue warnings;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

đ) Apply measures to remedy consequences as stipulated in Article 4 of this Decree.

a) To issue warnings;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

đ) Apply measures to remedy consequences as stipulated in Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Education and Training has the right to:

a) To issue warnings;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply measures to remedy consequences as stipulated in Article 4 of this Decree.

1. The Provincial Public Security Director has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) Decide to apply expulsion as a form of punishment;

e) Apply measures to remedy consequences as stipulated in Article 4 of this Decree, except for the measures to remedy consequences as stipulated in point e of Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. The Chief of the Immigration Management Department has the right to:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Decide to apply expulsion as a form of punishment;

e) Apply measures to remedy consequences as stipulated in Article 4 of this Decree, except for the measures to remedy consequences as stipulated in point e of Clause 1, Article 28 of the Law on Handling Administrative Violations.

1. The authority to impose administrative sanctions of Chairpersons of People's Committees at all levels:

a) The Chairperson of the People's Committee at the commune level imposes sanctions on acts of administrative violations stipulated 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) The Chairperson of the People's Committee at the district level imposes sanctions on acts of administrative violations stipulated in: Clauses 1 and 2, Article 5; Clause 1 and points a, b, c, Clause 2, Article 6; Clauses 1, 2, and 3, Article 7; Clauses 1, 2, and 3, Article 8; Clauses 1 and 2, point a, Clause 3, point a, Clause 4, and Clause 5, Article 9; Clause 1, Clause 2, points a, b, c, Clause 3, and points a, b, Clause 4, Article 10; Article 11; Article 12; Clause 1 and points a, b, c, d, Clause 2, Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1, Article 19; Clause 1, Article 20; Clauses 1, 2, 3, 4, Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 2, Article 32; Article 33; Clause 1 and points a, b, c, Clause 2, Article 34; points a, b, c, Clause 3, Article 5; Clauses 3, 4, and points a, b, Clause 5, Article 6 of this Decree if the person committing the violation is a Vietnamese citizen;

c) The Chairperson of the People's Committee at the provincial level imposes sanctions on acts of administrative violations stipulated 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, 8, Chapter II; Clause 3, Article 5; Clauses 3, 4, and 5, Article 6; Clause 4, Article 8 of this Decree if the person committing the violation is a Vietnamese citizen.

2. The authority to impose administrative sanctions of Inspectors:

a) The Chief Inspector of the specialized department under the People's Committee at the provincial level and the Head of the specialized inspection team in the field of education at the provincial level impose sanctions on acts of administrative violations stipulated in: Clauses 1 and 2, Article 5; Clause 1 and points a, b, c, Clause 2, Article 6; Clauses 1, 2, and 3, Article 7; Clauses 1, 2, and 3, Article 8; Clauses 1 and 2, point a, Clause 3, point a, Clause 4, and Clause 5, Article 9; Clause 1, Clause 2, points a, b, c, Clause 3, and points a, b, Clause 4, Article 10; Article 11; Article 12; Clause 1 and points a, b, c, d, Clause 2, Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1, Article 19; Clause 1, Article 20; Clauses 1, 2, 3, 4, Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 2, Article 32; Article 33; Clause 1 and points a, b, c, Clause 2, Article 34; points a, b, c, Clause 3, Article 5; Clauses 3, 4, and points a, b, c, Clause 5, Article 6 of this Decree if the person committing the violation is a Vietnamese citizen;

b) The Head of the specialized inspection team in the field of education at the central level imposes sanctions on acts of administrative violations stipulated in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2, and 3, Article 8; Clauses 1 and 2, points a and b, Clause 3, points a and b, Clause 4, Clause 5, Article 9; Clauses 1, 2, 3, and points a, b, c, Clause 4, Article 10; Sections 3, 4, Chapter II; Article 16; Article 17; Article 18; Clauses 1 and 2, Article 19; Clauses 1 and 2, Article 20; Sections 6, 7, 8, Chapter II; points a, b, c, d, Clause 3, Article 5; Clauses 3, 4, and points a, b, c, Clause 5, Article 6; Clause 4, Article 8 of this Decree if the person committing the violation is a Vietnamese citizen;

c) The Head of the Ministry of Education and Training Inspectorate shall impose administrative penalties on violations prescribed in Clauses 1 and 2 of Article 5; Clauses 1 and 2 of Article 6; Article 7; Clauses 1, 2 and 3 of Article 8; Article 9; Article 10; Items 3, 4, 5, 6, 7, and 8 of Chapter II and violations prescribed in Clause 3 of Article 5; Clauses 3, 4, and 5 of Article 6; Clause 4 of Article 8 of this Decree if the person committing the violation is a Vietnamese citizen.

3. Competence to impose administrative penalties of the Provincial Public Security Director and the Director of the Immigration Management Department:

a) The Provincial Public Security Director shall impose administrative penalties on violations prescribed in Points a, b, and c of Clause 3 of Article 5; Clauses 3, 4, and Points a, b of Clause 5 of Article 6 of this Decree;

b) The Director of the Immigration Management Department shall impose administrative penalties on violations prescribed in Clause 3 of Article 5; Clauses 3, 4, and 5 of Article 6; Clause 4 of Article 8 of this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 40. Transitional Provisions

1. For administrative violations in the field of education occurring before the effective date of this Decree but discovered or under consideration for resolution thereafter, the provisions of Decree No. 138/2013/NĐ-CP dated October 22, 2013 of the Government on administrative penalties in the field of education shall be applied for handling.

In cases where this Decree does not provide for legal liability or provides for lighter legal liability for acts that have already occurred, the provisions of this Decree shall be applied for handling.

2. For decisions on administrative penalties that have been issued or fully executed before the effective date of this Decree, if the individual or organization subject to the administrative penalty has lodged a complaint, the provisions of the Law on Handling Administrative Violations, Decree No. 138/2013/NĐ-CP dated October 22, 2013 of the Government on administrative penalties in the field of education shall be applied for resolution.

Article 41. Effective Date

This Decree takes effect from March 10, 2021 and replaces Decree No. 138/2013/NĐ-CP dated October 22, 2013 of the Government on administrative penalties in the field of education.

Article 42. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for implementing this Decree.