DECREE NO. 116/2009/ND-CP ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN THE FIELD OF VOCATIONAL TRAINING

DECREE

Regulations on Administrative Sanctions for Violations in the Vocational Training Sector

______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; the Law Amending and Supplementing Certain Provisions of the Labor Code dated November 29, 2006;

Pursuant to the Education Law dated June 14, 2005;

Pursuant to the Vocational Training Law dated November 29, 2006;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations in the vocational training sector, forms of sanctions, levels of fines, sanctioning authorities, procedures for imposing sanctions, and measures to remedy consequences.

2. Administrative violations in the vocational training sector are acts that contravene the laws on vocational training committed intentionally or negligently by individuals or organizations but not constituting criminal offenses and must be subject to administrative sanctions according to the Administrative Offense Handling Ordinance and this Decree.

Article 2. Applicability

1. Vietnamese individuals or organizations committing administrative violations in the vocational training sector.

2. Foreign individuals or organizations committing administrative violations in the vocational training sector within the territory of Vietnam, except where otherwise provided for in international treaties to which the Socialist Republic of Vietnam is a party.

Article 3. Principles of Imposition of Sanctions

1. Administrative sanctions for violations in the vocational training sector must be carried out promptly, fairly, and thoroughly. Upon discovering an act of violation, immediate action must be taken to stop the violation; all consequences caused by the violation must be remedied in accordance with the provisions of the law.

2. Individuals or organizations subject to administrative sanctions for violations in the vocational training sector when they commit acts of violation as specified in Chapter II of this Decree. Administrative sanctions for violations in the vocational training sector must be imposed by the authority designated in Section 1 of Chapter III of this Decree in accordance with the provisions of the law.

3. A single act of administrative violation in the vocational training sector shall only be sanctioned once. An individual or organization committing multiple acts of administrative violation shall be sanctioned separately for each act. Multiple individuals or organizations jointly committing a single act of administrative violation shall each be sanctioned.

4. Administrative sanctions for violations in the vocational training sector must be based on the nature and degree of the violation, the identity of the violator, and mitigating or aggravating circumstances to determine appropriate forms of sanctions, levels of fines, and remedial measures.

5. No administrative sanctions shall be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases that impair cognitive function or self-control.

Article 4. Mitigating Circumstances and Aggravating Circumstances

Mitigating and aggravating circumstances applicable in the imposition of administrative sanctions for violations as prescribed in Chapter II of this Decree shall be implemented in accordance with Article 8 and Article 9 of the Administrative Offense Handling Ordinance.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative sanctions for violations in the vocational training sector is one year, counted from the date the act of violation was committed. If the period has lapsed, no sanctions shall be imposed, but remedial measures shall still be applied in accordance with Clause 3 of Article 7 of this Decree.

2. For individuals who have been indicted, prosecuted, or had a case initiated for trial under criminal procedure but subsequently had the investigation discontinued or the case dismissed, if the act constitutes an administrative violation in the vocational training sector, they shall be subject to administrative sanctions; in such cases, the statute of limitations for administrative sanctions is three months, counted from the date the sanctioning authority receives the decision to discontinue the investigation or dismiss the case and the relevant files.

3. Within the periods specified in Clauses 1 and 2 of this Article, if an individual or organization commits a new act of administrative violation in the vocational training sector or deliberately evades or delays the imposition of sanctions, the statute of limitations mentioned above shall not apply, and the statute of limitations for administrative sanctions shall be recalculated from the date of the new act of violation or the date the deliberate evasion or obstruction of sanctions ceases.

Article 6. Period considered as not having been administratively punished

An individual or organization subject to administrative sanctions for violations in the vocational training sector, if they do not reoffend within one year from the date of completion of the sanction decision or the expiration of the enforcement period of the sanction decision, shall be considered as not having been subject to administrative sanctions.

Article 7. Forms of Administrative Sanctions and Measures to Remedy Consequences

1. For each act of administrative violation in the vocational training sector, the violator must bear one of the following main forms of sanctions:

a) Warning;

b) Fine.

When imposing a fine, the specific amount of the fine for a single act of violation is the midpoint of the fine range corresponding to that act as stipulated in Chapter II of this Decree. If the violation has mitigating circumstances, the fine may be reduced but not below the minimum level of the fine range; if the violation has aggravating circumstances, the fine may be increased but not beyond the maximum level of the fine range.

2. Depending on the nature and degree of the violation, individuals or organizations violating the laws in the vocational training sector may also be subject to one or more supplementary sanctions as follows:

a) Revocation of the establishment decision or permission to establish, or the vocational training activity registration certificate, for a limited or indefinite period.

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the sanctions prescribed in Clauses 1 and 2 of this Article, individuals or organizations violating the laws in the vocational training sector may also be subject to one or more remedial measures as follows:

a) Compel restoration to the original condition altered by the administrative violation;

b) Compelling the cancellation of examination results or retaking examinations.

c) Compelling the supplementation of omitted content or programs.

d) Compelling the revocation of erroneous decisions contrary to regulations issued by competent authorities.

đ) Compelling the restoration of educational rights for learners; restoring the legitimate rights and interests of users of diplomas and certificates; refunding learners any amounts collected and bearing all costs incurred due to the consequences of the administrative violation.

e) Compelling the recovery of improperly issued diplomas and certificates.

g) Compelling the recall, destruction, or cessation of use of training materials and equipment resulting from the administrative violation.

h) Compelling corrections to information published in mass media.

i) Compel performance in accordance with the terms of the signed contract;

k) Compel destruction of materials and equipment used for vocational training that were imported illegally due to administrative violations;

Chapter II VIOLATIONS OF ADMINISTRATIVE LAW IN THE FIELD OF VOCATIONAL TRAINING AND FORMS AND AMOUNTS OF FINES

Article 8. Violations concerning establishment and registration of vocational training activities

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following violations:

a) Losing the decision on establishment, the decision on permission to establish, or the certificate of registration for vocational training activities but not reporting to the competent authority;

b) Failing to register vocational training activities with the competent authority within three months up to less than six months from the mandatory deadline;

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Failing to return the Certificate of Registration for Vocational Training Activities when the competent authority has decided to revoke it;

b) Failing to notify the issuing authority of changes in the main office address of the vocational training institution or failing to re-register vocational training activities when moving the main office to another province or centrally-administered city;

c) Failing to register vocational training activities with the competent authority within six months up to less than one year from the mandatory deadline;

3. A fine of VND 5,000,000 to VND 10,000,000 for any of the following violations:

a) Altering, modifying, or supplementing the content of the decision on establishment, the decision on permission to establish, or the certificate of registration for vocational training activities;

b) Reporting false conditions for establishing or being permitted to establish a vocational training institution;

c) Reporting false conditions for upgrading or converting to a secondary vocational school or a college-level vocational school;

d) Reporting false conditions for obtaining the Certificate of Registration for Vocational Training Activities or for adding or changing training professions;

đ) Buying, selling, transferring, leasing, lending the decision on establishment, the decision on permission to establish, or the Certificate of Registration for Vocational Training Activities;

e) Failing to register vocational training activities with the competent authority for one year or more from the mandatory deadline;

4. Imposing a fine of between twenty million and forty million dong for establishing a vocational training center, a secondary vocational school, or a college-level vocational school without permission from the competent authority;

5. Additional form of punishment: Revoking indefinitely the decision on establishment, the decision on permission to establish, or the Certificate of Registration for Vocational Training Activities for the violations specified in points a, b, c, đ, e, Clause 3 of this Article;

Remedial measures

a) Compel the return of all amounts collected from students and bear all costs for restitution caused by the violation specified in point a, Clause 2, Clause 3, and Clause 4 of this Article;

b) Compel restoration of educational rights for students for the violations specified in points a, b, c, đ, e, Clause 3 of this Article according to the decision of the competent authority;

Article 9. Violations concerning the operation of vocational training institutions

1. Imposing a fine for failing to comply with the decision to suspend operations or dissolve a vocational training institution issued by the competent authority; continuing operations beyond the validity period indicated in the Certificate of Registration for Vocational Training Activities or ceasing operations without authorization causing damage to students, with the following fines:

a) Between five million and ten million dong for vocational training institutions offering primary vocational training or secondary vocational training;

b) Between fifteen million and thirty million dong for vocational training institutions offering college-level vocational training;

2. Imposing a fine of between ten million and twenty million dong for organizing training in primary vocational training or secondary vocational training without permission from the competent authority;

3. Imposing a fine of between twenty million and thirty million dong for organizing training in college-level vocational training without permission from the competent authority;

4. Imposing a fine of between thirty million and forty million dong for exploiting vocational training activities for personal gain or overworking trainees;

5. Additional forms of punishment

a) Revoking the right to use the decision on establishment, the decision on permission to establish, or the Certificate of Registration for Vocational Training Activities for a period of three months up to less than one year for the violations specified in Clause 2 and Clause 3 of this Article;

b) Revoking indefinitely the right to use the decision on establishment, the decision on permission to establish, or the Certificate of Registration for Vocational Training Activities for the violations specified in Clause 4 of this Article;

6. Measures to remedy consequences:

a) Compel the return of all amounts collected from students and bear all costs for repayment for the violations specified in this Article;

b) Compel restoration of educational rights for students for the violations specified in Clause 1 of this Article according to the decision of the competent authority.

Article 10. Violation of provisions on training programs, contents, and plans

1. Warning or imposing a fine for the act of teaching less than the prescribed number of hours for each subject or module with the following levels of fines:

a) Warning when the violation is less than 5% of the prescribed number of hours for each subject or module;

b) Imposing a fine from VND 200,000 to VND 500,000 when the violation is from 5% to under 10% of the prescribed number of hours for each subject or module;

c) Imposing a fine from VND 500,000 to VND 1,000,000 when the violation is from 10% to under 15% of the prescribed number of hours for each subject or module;

d) Imposing a fine from VND 1,000,000 to VND 2,000,000 when the violation is from 15% to under 20% of the prescribed number of hours for each subject or module;

đ) Imposing a fine from VND 2,000,000 to VND 3,000,000 when the violation is 20% or more of the prescribed number of hours for each subject or module;

2. Imposing a fine from VND 1,000,000 to VND 2,000,000 for the act of teaching content outside the prescribed program or textbook;

3. Imposing a fine from VND 3,000,000 to VND 5,000,000 for the act of violating regulations on the use of training management forms and books;

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

a) Violating the conditions for implementing subjects or modules causing serious impact on the quality of training as specified in the subject or module program;

b) Violating regulations on organizing the development, review, and issuance of vocational training programs;

5. Imposing a fine from VND 10,000,000 to VND 20,000,000 for the act of organizing training without having a vocational training program as prescribed;

6. Measures to remedy consequences Compel the implementation of supplementary parts of the program that were cut for violations stipulated in Clause 1 of this Article;

Article 11. Violation of provisions on subjects, standards, recruitment practices, and recruitment authority

1. Warning or imposing a fine from VND 200,000 to VND 300,000 for the act of falsifying recruitment application files or assisting in falsifying recruitment application files to gain admission;

2. Warning or imposing a fine for the act of violating regulations on subjects and standards for recruiting trainees at the primary vocational level with the following levels of fines:

a) Warning when recruiting the wrong subjects or standards from 10 to 20 trainees;

b) Imposing a fine from VND 200,000 to VND 500,000 when recruiting the wrong subjects or standards from 21 to 30 trainees;

c) Imposing a fine from VND 1,000,000 to VND 2,000,000 when recruiting the wrong subjects or standards from 31 to 40 trainees;

d) Imposing a fine from VND 3,000,000 to VND 5,000,000 when recruiting the wrong subjects or standards from 41 trainees or more;

3. Warning or imposing a fine for the act of violating regulations on the number, subjects, and standards for recruiting trainees at the intermediate vocational level with the following levels of fines:

a) Warning when recruiting more than 10% but less than 15% over the number allowed for recruitment or recruiting the wrong subjects or standards from 5 to 10 trainees;

b) Imposing a fine from VND 200,000 to VND 500,000 when recruiting more than 15% but less than 20% over the number allowed for recruitment or recruiting the wrong subjects or standards from 11 to 20 trainees;

c) Imposing a fine from VND 1,000,000 to VND 2,000,000 when recruiting more than 20% but less than 25% over the number allowed for recruitment or recruiting the wrong subjects or standards from 21 to 30 trainees;

d) Imposing a fine from VND 2,000,000 to VND 5,000,000 when recruiting more than 25% but less than 30% over the number allowed for recruitment or recruiting the wrong subjects or standards from 31 to 40 trainees;

đ) Imposing a fine from VND 5,000,000 to VND 10,000,000 when recruiting more than 30% over the number allowed for recruitment or recruiting the wrong subjects or standards from 41 trainees or more;

4. Warning or imposing a fine for the act of violating regulations on the number, subjects, and standards for recruiting trainees at the college vocational level with the following levels of fines:

a) Warning when recruiting less than 10% over the number allowed for recruitment;

b) Imposing a fine from VND 2,000,000 to VND 5,000,000 when recruiting more than 10% but less than 15% over the number allowed for recruitment or recruiting the wrong subjects or standards from fewer than 10 trainees;

c) Imposing a fine from VND 5,000,000 to VND 10,000,000 when recruiting more than 15% but less than 20% over the number allowed for recruitment or recruiting the wrong subjects or standards from 10 to 20 trainees;

d) Imposing a fine from VND 10,000,000 to VND 20,000,000 when recruiting more than 20% but less than 25% over the number allowed for recruitment or recruiting the wrong subjects or standards from 21 to 30 trainees;

đ) Imposing a fine from VND 20,000,000 to VND 30,000,000 when recruiting more than 25% to 30% over the number allowed for recruitment or recruiting the wrong subjects or standards from 31 to 40 trainees;

e) Imposing a fine from VND 30,000,000 to VND 40,000,000 when recruiting more than 30% over the number allowed for recruitment or recruiting the wrong subjects or standards from 41 trainees or more;

5. Imposing a fine from VND 5,000,000 to VND 10,000,000 for the act of announcing recruitment before being authorized by the competent authority;

6. Imposing a fine from VND 10,000,000 to VND 20,000,000 for the act of collecting applications, organizing exams, or admissions before being authorized by the competent authority;

7. Additional forms of administrative sanction:

a) Seizing falsified application files and documents to gain admission for violations stipulated in Clause 1 of this Article;

b) Revoking the right to use the Vocational Training Activity Registration Certificate for a period of three months to less than one year for the first violation and revoking the right indefinitely for the second violation for violations stipulated in Clauses 2, 3, and 4 of this Article;

8. Measures to remedy consequences:

a) Compelling the cancellation of admission results and illegal decisions for violations stipulated in Clauses 1, 2, 3, and 4 of this Article;

b) Compelling the return of all amounts collected from trainees and bearing all costs for the return for violations stipulated in Clauses 2, 3, 4, 5, and 6 of this Article;

c) Compelling the restoration of educational rights for trainees for violations stipulated in Clauses 2, 3, and 4 of this Article according to the decision of the competent authority.

Article 12. Violations concerning examinations for admission to vocational training institutions and graduation examinations

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on acts of causing disturbance or threatening to use violence to obstruct examination managers, invigilators, graders, or support staff from performing their duties.

2. A fine of VND 1,500,000 to VND 3,000,000 shall be imposed on any of the following acts:

a) Issuing decisions to establish organizational structures or assigning personnel to undertake examination tasks contrary to the regulations applicable to that examination period;

b) Causing the loss of examination papers or damaging them to the extent that they cannot be graded;

c) Grading admission or graduation examination papers incorrectly according to the answer key or grading scale.

d) Compiling grade sheets that deviate from the examination results of candidates.

3. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on acts of using violence to obstruct examination managers, invigilators, graders, or support staff from performing their duties.

4. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on any of the following violations:

a) Taking an exam on behalf of another person or accompanying another person to assist them in taking an exam.

b) Illegally transferring materials, information, or equipment into the examination room for candidates taking the exam.

c) Disclosing the secret number of examination papers;

d) Adding to or altering examination papers of candidates.

5. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed on acts of swapping examination papers or assisting others in swapping examination papers of candidates.

6. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of disclosing the secret of examination questions or losing examination papers.

7. Additional sanctions Seizure of objects and means used to commit violations stipulated in point d, clause 4 and clause 5 of this Article.

8. Measures to remedy consequences

a) Order restoration of the original state altered by violations stipulated in point d, clause 2, point d, clause 4 and clause 5 of this Article;

b) Order cancellation of examination results for subjects for candidates who violate provisions stipulated in clause 1, clause 3 and for candidates who benefit from violations stipulated in clauses 4, 5 and 6 of this Article;

c) Order re-grading of examination papers for violations stipulated in point c, clause 2 of this Article.

Article 13. Violations concerning assessment of learning outcomes of learners in vocational training institutions

1. A warning or a fine of VND 300,000 to VND 500,000 shall be imposed on acts of not fully implementing the regulations of competent authorities regarding assessment, leading to distortion of classification of learning outcomes of subjects, modules, semesters, academic years, or courses.

2. Measures to remedy consequences Order correction of errors in the classification of learning outcomes of learners for violations stipulated in clause 1 of this Article.

Article 14. Violations concerning printing, management, issuance, and use of vocational certificates and qualifications

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed on acts of not fulfilling the responsibility to issue certified copies or confirm the legality of issued vocational certificates and qualifications.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not establishing or establishing incomplete or non-compliant records used as a basis for issuing and managing vocational certificates and qualifications;

b) Confirming false information or distorting records leading to the issuance of certificates and qualifications to persons who do not meet the criteria.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of issuing primary vocational qualification certificates contrary to the law.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on acts of issuing intermediate vocational qualification certificates contrary to the law.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on acts of issuing higher vocational qualification certificates contrary to the law.

6. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of printing and distributing blank vocational certificates and qualifications not in accordance with regulations.

7. Additional sanctions Suspension of the right to use the Certificate of Registration for Vocational Training Activities for a period of three months to less than one year for the first violation and suspension without a time limit for the second violation for violations stipulated in clauses 2, 3, 4, 5, and 6 of this Article.

8. Measures to remedy consequences

a) Revocation of certificates and qualifications for violations stipulated in point b, clauses 2, 3, 4, and 5 of this Article;

b) Revocation of printed blanks of certificates and qualifications for violations stipulated in clause 6 of this Article;

c) Order restoration of rights and legitimate interests of users of certificates and qualifications for violations stipulated in clause 1 of this Article.

Article 15. Violations concerning the use of teachers

1. A fine shall be imposed according to the Decree stipulating administrative penalties for violations of labor laws regarding the failure to enter into a contract or entering into a contract not in accordance with regulations with teachers.

2. A fine shall be imposed on the act of using teachers who do not meet the prescribed standards at the following levels of fines:

a) A fine from VND 3,000,000 to VND 4,000,000 for the act of using teachers teaching vocational training at the primary level who do not meet the standards;

b) A fine from VND 5,000,000 to VND 10,000,000 for the act of using teachers teaching vocational training at the intermediate level or college level who do not meet the standards;

3. A fine from VND 3,000,000 to VND 5,000,000 for the act of using teachers teaching beyond the standard hours as prescribed by law.

4. Measures to remedy consequences Compel compliance with the provisions governing the conclusion of labor contracts with teachers.

Article 16. Violations concerning the guarantee of the ratio of permanent teachers in vocational training institutions

1. A fine shall be imposed on acts violating the regulations on ensuring the ratio of permanent teachers out of the total number of converted teachers at the following levels of fines:

a) A fine from VND 5,000,000 to VND 10,000,000 for the act of failing to ensure the ratio of permanent teachers in vocational training centers;

b) A fine from VND 10,000,000 to VND 15,000,000 for the act of failing to ensure the ratio of permanent teachers in intermediate vocational schools or college-level vocational schools.

2. Additional forms of punishment Suspension of the right to use the Registration Certificate for Vocational Training Activities for a period of three to six months if there is a repeat offense under the violation stipulated in Clause 1 of this Article.

3. Measures to remedy consequences Compel restoration of learning rights for learners in cases of repeat offenses stipulated in Clause 1 of this Article according to the decision of the competent authority.

Article 17. Violations concerning the use of teaching materials and equipment for vocational training and the purchase and use of such equipment

1. A fine from VND 1,000,000 to VND 5,000,000 for the act of purchasing, accepting gifts, and putting into use teaching materials and equipment for vocational training that contravene regulations and do not meet quality requirements, thereby adversely affecting teaching and learning.

2. Measures to remedy consequences:

a) Compel cessation of use, destruction, or recovery of teaching materials and equipment for vocational training as stipulated in Clause 1 of this Article;

b) Compel removal from the territory of Vietnam or destruction of teaching materials and equipment for vocational training for the act of violating the provisions of Clause 1 of this Article by foreign-invested vocational training institutions operating within the territory of Vietnam.

Article 18. Violations concerning payment of wages to vocational trainees and apprentices, tuition fees, service charges, and other income from learners

1. A fine shall be imposed on acts violating the regulations on payment of wages to vocational trainees and apprentices as stipulated in Clause 2 of Article 23 of the Labor Code, as amended, at the following levels of fines:

a) A fine from VND 1,000,000 to VND 2,000,000 when the violation affects fewer than ten vocational trainees and apprentices.

b) A fine from VND 2,000,000 to VND 5,000,000 when the violation affects ten to fifty vocational trainees and apprentices;

c) A fine from VND 5,000,000 to VND 10,000,000 when the violation affects fifty-one to one hundred vocational trainees and apprentices;

d) A fine from VND 10,000,000 to VND 15,000,000 when the violation affects one hundred and one to five hundred vocational trainees and apprentices;

đ) A fine from VND 15,000,000 to VND 20,000,000 when the violation affects five hundred and one or more vocational trainees and apprentices.

2. For violations concerning the collection of tuition fees and service charges, the provisions of Chapter II of Decree No. 106/2003/NĐ-CP dated September 23, 2003 of the Government on administrative penalties in the field of fees and service charges shall apply.

3. Measures to remedy consequences Compel repayment to vocational trainees and apprentices of any outstanding wages owed (if any) and bear all costs of restitution for the violation stipulated in Clause 1 of this Article.

Article 19. Violation of provisions on the conclusion of vocational training contracts

1. Warning or fine shall be imposed on vocational training establishments that are required to conclude vocational training contracts but fail to conclude such contracts or conclude contracts with incomplete contents or objects as prescribed by law, with the following fines:

a) A fine of VND 500,000 to VND 1,000,000 when the violation affects less than 10 trainees;

b) A fine of VND 1,000,000 to VND 3,000,000 when the violation affects from 10 to 50 trainees;

c) A fine of VND 3,000,000 to VND 5,000,000 when the violation affects from 51 to 100 trainees;

d) A fine of VND 5,000,000 to VND 7,000,000 when the violation affects from 101 to 500 trainees;

đ) A fine of VND 7,000,000 to VND 10,000,000 when the violation affects 501 or more trainees.

2. Measures to remedy consequences: Compel compliance with the full and correct conclusion of vocational training contracts as prescribed.

Article 20. Violation of provisions on vocational training and skill enhancement collaboration

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for accepting training collaboration beyond the capacity to ensure classroom space, teaching facilities, and equipment.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for accepting vocational training collaboration without signing a training contract or failing to comply with regulations on vocational training collaboration.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations of vocational training collaboration regulations:

a) Accepting collaboration for training without permission from the competent authority;

b) Collaborating with organizations or individuals lacking legal status for vocational training.

4. Additional form of punishment: Suspension of the right to use the Registration Certificate for Vocational Training Activities for a period of three to six months if there is a repeat offense under Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences

a) Compel compliance with the full and correct conclusion of collaboration training contracts as prescribed when violating Clause 2 of this Article;

b) Compel termination of collaboration training when violating the provisions of Clause 1 and Clause 3 of this Article;

c) Compel refund of all collected fees to trainees and bear all costs of restitution for violations under Clause 1 and Clause 3 of this Article.

Article 21. Violation of provisions on management of trainee records

1. Warning or fine shall be imposed for negligence in management leading to unauthorized alteration of grade sheets, trainee records, or related assessment materials in contravention of regulations, with the following fines:

a) Warning or a fine of VND 200,000 to VND 300,000 when the violation affects from 1 to 2 trainees;

b) A fine of VND 300,000 to VND 500,000 when the violation affects from 3 to 5 trainees;

c) A fine of VND 600,000 to VND 1,000,000 when the violation affects 6 or more trainees.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for failure to establish or establish incomplete management records and ledgers for trainees as prescribed.

3. Measures to remedy consequences

a) Compel restoration to the original state prior to the change for violations under Clause 1 of this Article;

b) Compel establishment of complete management records and ledgers for trainees in accordance with regulations for violations under Clause 2 of this Article.

Article 22. Violation of provisions on disciplinary measures requiring withdrawal from study

1. Warning or imposing a fine for acts contravening the regulations on disciplinary measures requiring students to withdraw from study as follows:

a) Warning or imposing a fine of VND 200,000 to VND 500,000 when violating against one to two students;

b) Impose a fine of from VND 500,000 to VND 1,000,000 for violations involving three to five students;

c) Imposing a fine of VND 1,000,000 to VND 2,000,000 when violating against six to ten students;

d) Imposing a fine of VND 2,000,000 to VND 3,000,000 when violating against eleven or more students.

2. Measures to remedy consequences Ordering the cancellation of incorrect decisions and restoring the right to education for students in cases of violation as stipulated in Clause 1 of this Article.

Article 23. Violation of provisions on vocational counseling activities

1. Imposing a fine of VND 2,000,000 to VND 5,000,000 for acts contravening the regulations on vocational counseling activities as follows:

a) Organizing vocational counseling activities without registering with the competent authority;

b) Not notifying the authority issuing the Certificate of Registration for Vocational Counseling Activities of changes in the main office or opening additional branches within the province or city, or not re-registering vocational counseling activities when moving the main office to another province or centrally governed city.

2. Additional forms of punishment Revoking the right to use the Certificate of Registration for Vocational Counseling Activities for a period of three to six months for acts of violation as specified in Point b Clause 1 of this Article.

3. Measures to remedy consequences Ordering the cessation of vocational counseling activities for acts of violation as specified in Point a Clause 1 of this Article.

Article 24. Violation of provisions on quality assessment activities for vocational training

1. Warning for acts of reporting false information about standards and conditions for obtaining a Quality Assessment Inspector card.

2. Imposing a fine of VND 200,000 to VND 1,000,000 for one of the following acts of violation:

a) Reporting false information to participate in the Quality Assessment Inspection Team;

b) Not returning the Quality Assessment Inspector card when there is a decision to revoke the card.

3. Imposing a fine of VND 2,000,000 to VND 5,000,000 for one of the following acts of violation:

a) Renting, lending, or allowing others to use one's name and Quality Assessment Inspector card;

b) Disclosing inspection results before permission to publish has been granted;

c) Reporting false information about conditions for conducting vocational training facility inspections and program inspections;

d) Not returning the Quality Assessment Certificate for vocational training facilities or programs when the competent authority has decided to revoke it.

4. Imposing a fine of VND 5,000,000 to VND 10,000,000 for the following act of violation:

a) Using forged Quality Assessment Certificates for vocational training facilities and programs;

b) Announcing false information through mass media about the quality of vocational training facilities and programs;

c) Altering the content of self-assessment reports on vocational training quality of vocational training facilities;

d) Altering the results of vocational training quality inspections by the Quality Assessment Inspection Team.

5. Additional forms of punishment

a) Revoking the right to use the Quality Assessment Inspector card indefinitely for acts of violation as stipulated in Clause 1; Point b Clause 2; Points a, b Clause 3; Points c, d Clause 4 of this Article.

b) Revoking the right to use the License or Quality Assessment Certificate for vocational training programs indefinitely for acts of violation as stipulated in Point d Clause 3, Point a Clause 4 of this Article.

6. Measures to remedy consequences Ordering corrections to information published on mass media for violations as specified in Point b Clause 4 of this Article.

Article 25. Violation of reporting regulations in the vocational training sector

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of submitting reports late from 15 days up to less than 30 days compared to the prescribed deadline.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of submitting reports late from 30 days or more compared to the prescribed deadline.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of submitting false reports.

Chapter III COMPETENCE AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Section 1 COMPETENCE TO IMPOSE ADMINISTRATIVE SANCTIONS

Article 26. Competence of the Chairman of the People's Committee at the district, city under district, provincial level to impose administrative sanctions in the vocational training sector

1. The Chairman of the People's Committee of districts, cities under districts, provincial cities (hereinafter referred to collectively as the district level) has the authority to impose administrative sanctions on organizations and individuals within the management scope of the district when they violate the provisions of Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Applying supplementary administrative sanctions as stipulated in Clause 2, Article 7 of this Decree;

d) Applying remedial measures as stipulated in Clause 3, Article 7 of this Decree.

2. The Chairman of the People's Committee of provinces, centrally governed cities (hereinafter referred to collectively as the provincial level) has the authority to impose sanctions on organizations and individuals within the management scope of the province when they violate the provisions of Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Imposing fines up to the maximum level for each violation of the provisions of Chapter II of this Decree;

c) Applying supplementary administrative sanctions as stipulated in Clause 2, Article 7 of this Decree;

d) Applying remedial measures as stipulated in Clause 3, Article 7 of this Decree and other remedial measures within their authority.

Article 27. Competence of specialized inspectors in the vocational training sector to impose administrative sanctions

1. Vocational training inspectors performing official duties have the authority to impose sanctions on acts of administrative violations stipulated in Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscating objects, means used to commit administrative violations in the vocational training sector with a value up to VND 2,000,000;

d) Applying remedial measures as stipulated in Clause 3, Article 7 of this Decree.

2. The Director of the Inspectorate of the Department of Labor, Invalids and Social Affairs has the authority to impose sanctions on acts of administrative violations stipulated in Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Applying supplementary administrative sanctions as stipulated in Clause 2, Article 7 of this Decree;

d) Applying remedial measures as stipulated in Clause 3, Article 7 of this Decree.

3. The Director of the Inspectorate of the Ministry of Labor, Invalids and Social Affairs, the Director of the Inspectorate of the General Administration of Vocational Training have the authority to impose sanctions on acts of administrative violations stipulated in Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Imposing fines up to the maximum level corresponding to each violation of the provisions of Chapter II of this Decree;

c) Applying supplementary administrative sanctions as stipulated in Clause 2, Article 7 of this Decree;

d) Applying remedial measures as stipulated in Clause 3, Article 7 of this Decree.

Article 28. Delegation of authority to impose administrative sanctions in the vocational training sector

In cases where the person authorized to impose administrative sanctions in the vocational training sector as stipulated in Article 26 and Clauses 2 and 3 of Article 27 of this Decree is absent, such authority may be delegated to the deputy. The delegation must be carried out in writing. The deputy who is delegated must bear responsibility for their decisions before the superior and the law.

Article 29. Principles for determining the competence to impose administrative sanctions in the vocational training sector

1. For acts of administrative violations in the vocational training sector that fall under the jurisdiction of multiple persons or state management agencies, the imposition of sanctions shall be carried out by the person or agency that first receives the case.

2. The competence to impose sanctions of the persons specified in Article 26 and Article 27 of this Decree pertains to a single act of administrative violation. In cases of fines, the competence to impose sanctions is determined based on the maximum level of the fine range prescribed for each specific violation.

3. In cases where an individual or organization commits multiple acts of administrative violations simultaneously, the competence to impose sanctions is determined according to the principle stipulated in Clause 3, Article 42 of the Administrative Violations Handling Ordinance.

4. In cases where it is found that a violation of the law on vocational training indicates criminal activity, the file must be immediately transferred to the competent authority for handling as stipulated in Article 62 of the Administrative Violations Handling Ordinance.

Section 2 PROCEDURES FOR ADMINISTRATIVE PENALTIES

Article 30. Procedures for administrative penalties in the vocational training sector

1. The procedures for drafting records of violations and issuing penalty decisions shall comply with the provisions of Articles 21, 22, and 23 of Decree No. 128/2008/ND-CP dated December 16, 2008, of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

2. The imposition of fines, collection of fine payments, and management of fine revenues shall be carried out in accordance with the provisions of Articles 26, 27, and 28 of Decree No. 128/2008/ND-CP dated December 16, 2008, of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

3. The procedures for revoking the right to use decisions on establishment, permits for establishment, and certificates of operation registration shall be implemented in accordance with Article 59 of the Ordinance on Handling Administrative Violations and Article 11 of Decree No. 128/2008/ND-CP dated December 16, 2008, of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

4. The procedures for confiscating and handling contraband items and means of transportation involved in administrative violations in the vocational training sector shall be carried out in accordance with Articles 60 and 61 of the Ordinance on Handling Administrative Violations and Article 34 of Decree No. 128/2008/ND-CP dated December 16, 2008, of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

Article 31. Decision on Administrative Penalties in the Vocational Training Sector

1. Within ten days from the date of drafting the record of violation, the authorized person must issue the decision on administrative penalty; if there are many complex circumstances, this period may be extended but not exceeding thirty days. The form and content of the decision on administrative penalty shall be implemented in accordance with Clause 3 of Article 56 of the Ordinance on Handling Administrative Violations.

2. The penalty decision takes effect from the date of signature, except when another effective date is specified in the penalty decision.

Article 32. Enforcement of Decisions on Administrative Penalties in the Vocational Training Sector

1. Individuals and organizations violating administrative regulations in the vocational training sector must enforce the decision on administrative penalty within ten days from the date they receive the decision on administrative penalty, except in cases provided for in Article 65 of the Ordinance on Handling Administrative Violations. The method of calculating the time limit is specified in Article 9 of Decree No. 128/2008/ND-CP dated December 16, 2008, of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

2. If individuals and organizations violating administrative regulations in the vocational training sector do not voluntarily enforce the decision, they will be subject to compulsory enforcement. Individuals and organizations subject to compulsory enforcement must bear all costs associated with organizing the implementation of compulsory measures. The procedures for compulsory enforcement are stipulated in Articles 66 and 67 of the Ordinance on Handling Administrative Violations.

Chapter IV COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 33. Complaints, reports and resolution of complaints and reports

1. Individuals, organizations, or their legally authorized representatives have the right to file complaints against decisions on administrative penalties, decisions on applying preventive measures and ensuring the enforcement of administrative penalties in the vocational training sector made by competent authorities as stipulated in Articles 26, 27, and 28 of this Decree. The complaint procedures and complaint resolution shall be carried out in accordance with the provisions of Article 118 of the Ordinance on Handling Administrative Violations. The jurisdiction and time limit for filing complaints and resolving complaints shall be applied in accordance with the laws on complaints and reports. Filing a complaint against an administrative penalty decision does not suspend the enforcement of the administrative penalty decision in the vocational training sector.

2. Individuals have the right to report to state agencies with jurisdiction about administrative violations in the vocational training sector committed by other individuals or organizations; report acts of violating the law in handling administrative violations in the vocational training sector committed by penalty-imposing authorities. The jurisdiction, time limit, and procedures for resolving reports shall be governed by the laws on complaints and reports.

Article 34. Handling violations by penalty-imposing authorities in the vocational training sector

Penalty-imposing authorities in the vocational training sector who engage in harassment, tolerance, cover-up, failure to handle, untimely handling, improper handling, or handling beyond their jurisdiction as prescribed shall be subject to disciplinary action or criminal responsibility追究处罚决定执行领域的违法行为，视其性质和程度而定；如果造成损失，则必须依法赔偿。

Article 35. Handling violations by persons subject to administrative penalties in the vocational training sector

Persons subject to administrative penalties in the vocational training sector who commit acts of resisting law enforcement officers, delaying, evading compliance, or other violations shall be subject to administrative penalties or criminal responsibility depending on the nature and degree of the violation; if causing damage, they must compensate according to the law.

Chapter V IMPLEMENTATION PROVISIONS

Article 36. Effective Date

Article 38. Effective Date

This Decree takes effect from March 1, 2010.

This Decree replaces Decree No. 73/2006/NĐ-CP dated July 31, 2006, on administrative penalties in the vocational training sector.

3. All other provisions on administrative penalties in the vocational training sector that conflict with this Decree are abolished.

Article 39. Responsibility for Guidance and Implementation