Decree No. 127/2021/ND-CP Amending and supplementing some articles of Decree No. 04/2021/NĐ-CP dated January 22, 2021 of the Government on administrative penalties for violations in the field of education

DECREE

Amending and supplementing some articles of Decree No. 04/2021/NĐ-CP
dated January 22, 2021 of the Government on administrative offenses in the field of educationeducation

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WHEREAS, the Law on Organization of People's Committees, People's Councils dated June 18, 2012;government on June 19, 2015; Law amending and supplementing some articles of the Law on Organization of the Government and the Law on Organization of Local Administration on November 22, 2019;on November 22, 2019;

Pursuant to the Law on Handling Administrative Offenseslpromulgated on June 20, 2012 and the Law amending and supplementing some articles of the Law on Handling Administrative Offenseslpromulgated on November 13, 2020 pursuant to the Higher Education Law promulgated on June 18, 2012 and the Law amending;

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

WHEREAS and supplementing some articles of the Higher Education Law promulgated on November 19, 2018;The Government issues this Decree amending and supplementing some articles of Decree No. 04/2021/NĐ-CP dated January 22, 2021 of the Government on administrative offenses in the field of education.Article 1. Amending and supplementing some articles of Decree No. 04/2021/NĐ-CP dated January 22, 2021 of the Government on administrative offenses in the field of education

Pursuant to the Education Law dated June 14, 2019;

At the proposal of the Minister of Education and Training;

a) Amending and supplementing Point a Clause 3 Article 3 as follows:

"a) The maximum fine for individuals in the field of education is VND 75,000,000, and for organizations is VND 150,000,000;"

1. Amending and supplementing some clauses of Article 3 as follows:

"4. A single administrative offense shall be punished only once. If multiple organizations or individuals jointly commit a single administrative offense, each organization or individual committing the offense shall be punished for that administrative offense."

Article 3a. Statute of limitations for administrative offenses

b) Adding Clause 4 after Clause 3 of Article 3 as follows:

1. The statute of limitations for administrative offenses in the field of education is one year.

2. Supplement Article 3a following Article 3 as follows:

"2. The time point for calculating the statute of limitations for administrative offenses is specified as follows:

a) For completed administrative offenses as stipulated in Clause 3 of this Article, the statute of limitations starts from the date the offense ends;

b) For ongoing administrative offenses as stipulated in Clause 4 of this Article, the statute of limitations starts from the date the competent authority discovers the offense;

c) In cases where administrative offenses against organizations or individuals are handled based on violation reports transferred by the competent authority, the statute of limitations shall be applied according to Clause 1 of this Article and Points a and b of this Clause up to the date of the decision on administrative punishment.

3. Determination of completed administrative offenses and ongoing administrative offenses for calculating the statute of limitations for administrative offenses shall be carried out in accordance with the principle stipulated in Clause 1 of Article 8 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and implementing measures of the Law on Handling Administrative Offenses."

3. Amending and supplementing some points of Clause 3 Article 5 as follows:

a) Amending and supplementing Point đ Clause 3 Article 5 as follows:

"đ) A fine of VND 60,000,000 to VND 90,000,000 for vocational colleges training teacher groups;"

b) Amending and supplementing Point e Clause 3 Article 5 as follows:

"e) A fine of VND 100,000,000 to VND 130,000,000 for higher education institutions."

4. Amending and supplementing some points of Clause 5 Article 6 as follows:

a) Amending and supplementing Point d Clause 5 Article 6 as follows:

"d) A fine of VND 60,000,000 to VND 90,000,000 for vocational colleges training teacher groups;"

b) Amending and supplementing Point đ Clause 5 Article 6 as follows:

"đ) A fine of VND 110,000,000 to VND 150,000,000 for higher education institutions; research institutes, institutes permitted to train doctoral level."

5. Amending and supplementing Point a Clause 2 Article 7 as follows:

"a) Issuing incomplete or failing to fully implement documents within the responsibility of educational institutions as prescribed by current laws;"

6. Amending and supplementing some clauses of Article 9 as follows:

a) Amending and supplementing Point c Clause 3 Article 9 as follows:

"c) A fine of VND 110,000,000 to VND 150,000,000 for recruiting more than 30 students;"

b) Amending and supplementing Point c Clause 4 Article 9 as follows:

"c) A fine of VND 110,000,000 to VND 150,000,000 for recruiting more than 10 students."

7. Amending and supplementing the name of Clause 4 Article 19 as follows:

"3. A fine of VND 80,000,000 to VND 110,000,000 for issuing certificates without the approval of the competent authority for organizing joint examinations to issue foreign language proficiency certificates."

9. Amending and supplementing Point c Clause 1 Article 35 as follows:

"c) Persons belonging to the People's Public Security force performing duties in the field of education."

8. Amend and supplement Clause 3 Article 20 as follows:

a) Amending and supplementing Point c Clause 1 Article 36 as follows:

"c) Seizing contraband items, means of transportation involved in administrative offenses with a value not exceeding VND 20,000,000;"

b) Amending and supplementing Point b Clause 2 Article 36 as follows:

"3. The authorized person shall instruct agencies, organizations, units under, directly under ministries, ministerial-level agencies, provincial People's Committees; People's Committees at the commune level to act as inviting parties."

"b) A fine of up to VND 75,000,000;"

c) Amending and supplementing Point d Clause 2 Article 36 as follows:

"d) Seizing contraband items, means of transportation involved in administrative offenses with a value not exceeding VND 150,000,000;"

d) Amending and supplementing Point b Clause 3 Article 36 as follows:

"b) A fine of up to VND 150,000,000;"

11. Amending and supplementing some clauses of Article 37 as follows:

a) Amending and supplementing Point c Clause 1 Article 37 as follows:

"c) Seizing contraband items, means of transportation involved in administrative offenses with a value not exceeding VND 2,000,000;"

b) Amending and supplementing Point b Clause 2 Article 37 as follows:

c) Amending and supplementing Point d Clause 2 Article 37 as follows:

d) Amending and supplementing Point b Clause 3 Article 37 as follows:

"b) A fine of up to VND 105,000,000;"

d) Amending and supplementing Point b Clause 3 Article 36 as follows:

đ) Amending and supplementing Point d Clause 3 Article 37 as follows:

11. Amending and supplementing some clauses of Article 37 as follows:

"d) Seizing contraband items, means of transportation involved in administrative offenses with a value not exceeding VND 210,000,000;"

e) Amending and supplementing Point b Clause 4 Article 37 as follows:

12. Amending and supplementing Article 38 as follows:

"Article 38. Competence to impose penalties of the Head of the Internal Political Security Department, Director of Provincial Police, Director of the Immigration Management Department, Director of the Internal Political Security Department

1. The Head of the Internal Political Security Department has the right:

"c) Seizing contraband items, means of transportation involved in administrative offenses with a value not exceeding VND 2,000,000;"

d) Seizing contraband items, means of transportation involved in administrative offenses with a value not exceeding VND 50,000,000;

"Article 38. Competence to impose penalties of the Head of the Internal Political Security Department, the Director of Provincial Public Security, the Director of the Immigration Management Department, and the Director of the Internal Political Security Department

1. The Head of the Internal Political Security Department has the authority:

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 violation with a value not exceeding VND 50,000,000;

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

2. The Director of the Provincial Public Security has the authority to:

a) To issue warnings;

b) Impose a fine up to seventy-five million dong;

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;

d) Decide to apply the form of administrative penalty of expulsion;

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

3. The Director of the Immigration Administration Department, the Director of the Political Security Internal Affairs Department have the authority to:

a) To issue warnings;

b) Impose a fine up to one hundred and fifty million dong;

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;

d) Decide to apply the form of administrative penalty of expulsion;

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

13. Amend and supplement Article 39 as follows:

"Article 39. Allocation of Authority to Impose Administrative Penalties

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

a) The Chairperson of the People's Committee at the commune level shall impose penalties for violations of administrative acts prescribed in: Clause 1, Article 11; point a, Clause 3, Article 14; point a, Clause 1, Article 24; Clause 1, Article 25; Clause 1, Article 27; Article 29; point a, Clause 1, Article 31 of this Decree;

b) The Chairperson of the People's Committee at the district level shall impose penalties for violations of administrative acts prescribed in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Article 8; Clauses 1 and 2, point a and b, Clause 3; point a and b, Clause 4; Clause 5, Article 9; Clauses 1, 2, 3 and points a, b, c, Clause 4, Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2, Article 19; Clauses 1 and 2, Article 20; Sections 6 and 7, Chapter II; Articles 30, 31; Clause 2, Article 32; Article 33; Clause 1 and points a, b, c, Clause 2, Article 34; violations prescribed in points a, b, c, d, Clause 3, Article 5 and Clauses 3, 4, points a, b, c, Clause 5, Article 6; Clause 4, Article 8 of this Decree, except in cases where the violator is a foreigner;

c) The Chairperson of the People's Committee at the provincial level shall impose penalties for violations of administrative acts prescribed in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2, and 3, Article 8; Article 9; Article 10; Sections 3, 4, 5, 6, 7, and 8, Chapter II; violations prescribed in Clause 3, Article 5 and Clauses 3, 4, 5, Article 6; Clause 4, Article 8 of this Decree, except in cases where the violator is a foreigner.

2. The authority to impose administrative penalties of the Inspectorate:

a) The Head of the Inspectorate of the specialized agency under the People's Committee at the provincial level and the Chief of the specialized inspection team of the Department of Education and Training shall impose penalties for violations of administrative acts prescribed in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Article 8; Clauses 1 and 2, point a and b, Clause 3; point a and b, Clause 4; Clause 5, Article 9; Clauses 1, 2, 3 and points a, b, c, Clause 4, Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2, Article 19; Clauses 1 and 2, Article 20; Sections 6 and 7, Chapter II; Articles 30, 31; Clause 2, Article 32; Article 33; Clause 1 and points a, b, c, Clause 2, Article 34; violations prescribed in points a, b, c, d, Clause 3, Article 5 and Clauses 3, 4, points a, b, c, Clause 5, Article 6; Clause 4, Article 8 of this Decree, except in cases where the violator is a foreigner;

b) The Chief of the specialized inspection team of the Ministry of Education and Training shall impose penalties for violations of administrative acts prescribed in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2, 3, 4, Article 8; Clauses 1 and 2, point a and b, Clause 3; point a and b, Clause 4; Clause 5, Article 9; Article 10 and Sections 3, 4, Chapter II; Articles 16, 17, 18; Clauses 1, 2, and 3, Article 19; Clauses 1 and 2, Article 20; Sections 6, 7, and 8, Chapter II; violations prescribed in points a, b, c, d, đ, Clause 3, Article 5 and Clauses 3, 4, points a, b, c, d, Clause 5, Article 6; Clause 4, Article 8 of this Decree, except in cases where the violator is a foreigner;

c) The Head of the Inspectorate of the Ministry of Education and Training shall impose penalties for violations of administrative acts prescribed in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2, and 3, Article 8; Articles 9, 10; Sections 3, 4, 5, 6, 7, and 8, Chapter II; violations prescribed in Clause 3, Article 5 and Clauses 3, 4, 5, Article 6; Clause 4, Article 8 of this Decree, except in cases where the violator is a foreigner.

3. The authority to impose administrative penalties of the Heads of the Political Security Internal Affairs Departments, the Directors of the Public Security Departments at the provincial level, the Directors of the Immigration Administration Departments, and the Directors of the Political Security Internal Affairs Departments:

a) The Head of the Political Security Internal Affairs Department shall impose penalties for violations of administrative acts prescribed in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Article 8; Clauses 1 and 2, point a and b, Clause 3; point a and b, Clause 4; Clause 5, Article 9; Clauses 1, 2, 3 and points a, b, c, Clause 4, Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2, Article 19; Clauses 1 and 2, Article 20; Sections 6 and 7, Chapter II; Articles 30, 31; Clause 2, Article 32; Article 33; Clause 1 and points a, b, c, Clause 2, Article 34; violations prescribed in points a, b, c, d, Clause 3, Article 5 and Clauses 3, 4, points a, b, c, Clause 5, Article 6; Clause 4, Article 8 of this Decree, except in cases where the violator is a foreigner;

b) The Director of the Public Security Department at the provincial level shall impose penalties for violations of administrative acts prescribed in: Points a, b, c, and d, Clause 3, Article 5; Clauses 3, 4, and points a, b, c, Clause 5, Article 6; Clause 4, Article 8 of this Decree;

c) The Director of the Immigration Administration Department shall impose penalties for violations of administrative acts prescribed in: Clause 3, Article 5 and Clauses 3, 4, and 5, Article 6; Clause 4, Article 8 of this Decree;
d) The Director of the Political Security Internal Affairs Department shall impose penalties for violations of administrative acts prescribed in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2, and 3, Article 8; Articles 9, 10; Sections 3, 4, 5, 6, 7, and 8, Chapter II; violations prescribed in Clause 3, Article 5 and Clauses 3, 4, 5, Article 6; Clause 4, Article 8 of this Decree, except in cases where the violator is a foreigner."

Article 2. Repeal and replace certain clauses and phrases of Decree No. 04/2021/NĐ-CP dated January 22, 2021, of the Government on administrative penalties in the field of education.

1. Repeal the provision at Clause 3, Article 2.

2. Replace certain phrases in the following articles and clauses:

a) Replace the phrase "in the field of education at the provincial level" with the phrase "of the Department of Education and Training" at Clause 2, Article 37;

b) Replace the phrase "in the field of education at the central level" with the phrase "of the Ministry of Education and Training" at Clause 3, Article 37.

3. Repeal certain phrases in the following articles:

a) Repeal the phrase "college-level" at Clause 2, Article 9;

b) Repeal the phrase "for foreign educational programs" at Clause 7, Article 11;

c) Repeal the phrase "specialized" at Article 12.

Article 3. Transitional Provisions

1. For acts of administrative violations in the field of education that occurred before the effective date of this Decree but were discovered or are under consideration and resolution thereafter, the provisions of Decree No. 04/2021/NĐ-CP dated January 22, 2021, of the Government on administrative penalties in the field of education shall be applied for handling, except where this Decree does not provide for legal liability or provides for lighter legal liability for such acts, in which case the provisions of this Decree shall apply.

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 penalty has filed a complaint, the provisions of the Law on Handling Administrative Violations 2012, Decree No. 04/2021/NĐ-CP dated January 22, 2021, of the Government on administrative penalties in the field of education, and related legal provisions shall be applied to resolve the matter.

Article 4. Effective date

This Decree takes effect from January 1, 2022.

Article 5. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and Chairpersons of municipal People's Committees directly under the Central Government are responsible for organizing the implementation of this Decree.