Decree No. 148/2013/ND-CP on administrative penalties for violations in the vocational training sector

DECREE

Regulations on Administrative Sanctions for Violations in the Vocational Training Sector

________________________

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

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

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

Pursuant to the Education Law on June 14, 2005; the Law Amending and Supplementing Certain Articles of the Education Law on November 25, 2009;

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

The Government issues a Decree prescribing administrative sanctions for violations in the vocational training sector.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of violation, forms of sanction, levels of sanction, measures to remedy consequences, authority to issue administrative violation notices, and authority to impose administrative sanctions for violations in the vocational training sector.

Article 2. Applicability

1. Individuals and organizations committing administrative violations in the vocational training sector.

2. Persons authorized to issue administrative violation notices and impose administrative sanctions, and other individuals and organizations related thereto.

Article 3. Measures to remedy consequences

In addition to the remedial measures prescribed in Points a, b, c, d, đ, e, g, h, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations, individuals and organizations violating administrative regulations in the vocational training sector may also be subject to one or more of the following remedial measures:

1. Requesting the competent authority to revoke the decision to establish or permit establishment.

2. Compelling the recovery of the vocational training activity registration certificate or supplementary vocational training activity registration certificate.

3. Compelling the restoration of learning rights for students and refunding amounts collected from them; if the students cannot be identified, then compelling payment into the State budget.

4. Compelling additional teaching hours to make up for the shortfall.

5. Compelling compliance with the training schedule, training plan, teacher utilization plan, and management forms and records.

6. Compelling the re-establishment of the vocational training curriculum.

7. Compelling the cancellation of admission results.

8. Compelling public announcement of suspension of admissions.

9. Compelling correction on information dissemination means.

10. Compelling compliance with the number of students per class as prescribed.

11. Compelling the deployment and use of qualified teachers and lecturers.

12. Compelling accurate assessment and classification of student academic performance.

13. Compelling issuance of certified copies and confirmation of the legality of vocational certificates and qualifications.

14. Compelling destruction of printed blank vocational certificates and qualifications.

15. Compelling the recovery of issued vocational certificates and qualifications.

16. Compelling full and accurate provision of information related to joint training programs.

17. Compelling the revocation of disciplinary decisions mandating withdrawal from studies.

18. Compelling the recovery of quality vocational training certification cards and national skill assessment certification cards.

19. Compelling the recovery of counterfeit quality vocational training certification, quality program certification, and national skill assessment center certification.

||| Article 4. Provisions on fines for individuals and organizations

1. The maximum fine for individuals in the vocational training sector is 75,000,000 VND, and for organizations is 150,000,000 VND.

2. The fines prescribed in Chapter II of this Decree apply to organizations, except for the fines prescribed in Clause 1, Article 8; Article 14; Clauses 1, 2, and 4 of Article 18; and Clauses 1, 2, and 4 of Article 19.

||| For the same act of administrative violation, the fine amount for organizations is twice the fine amount for individuals.

3. The authority to impose fines for the positions prescribed in Chapter III of this Decree applies to individuals; for organizations, it is twice the authority to impose fines on individuals.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION, LEVELS OF SANCTION AND REMEDIAL MEASURES

Article 5. Violation of regulations on establishing and permitting the establishment of vocational training institutions

1. A fine of between 3,000,000 VND and 5,000,000 VND for the act of not returning the establishment or permission to establish decision as required by the competent authority's revocation decision.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Altering, erasing, or modifying the content of the establishment or permission to establish decision.

b) Fraudulently using false documents to obtain establishment or permission to establish a vocational training institution.

3. Imposing a fine for the act of establishing a vocational training institution without the competent authority's permission, with the following levels:

a) Between 20,000,000 VND and 30,000,000 VND for vocational training centers.

b) Between 30,000,000 VND and 40,000,000 VND for intermediate vocational schools.

c) Between 40,000,000 VND and 50,000,000 VND for higher vocational colleges.

4. Measures to remedy consequences:

Requesting the competent authority to revoke the establishment or permission to establish decision for violations as prescribed in Clause 2 of this Article.

Article 6. Violation of regulations on registration for vocational training activities

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not returning the certificate of registration for vocational training activities, or the supplementary certificate of registration for vocational training activities within the time limit specified in the decision on revocation issued by the competent authority.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of erasing, altering, or changing the content of the certificate of registration for vocational training activities, or the supplementary certificate of registration for vocational training activities.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not registering supplementary vocational training activities when increasing the enrollment scale of each trade beyond the enrollment scale recorded in the certificate of registration for vocational training activities as follows:

a) Up to less than 5% of the enrollment scale for college-level vocational training;

b) Up to less than 20% of the enrollment scale for intermediate-level vocational training;

c) Up to less than 30% of the enrollment scale for basic-level vocational training.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of not registering supplementary vocational training activities when increasing the enrollment scale of each trade beyond the enrollment scale recorded in the certificate of registration for vocational training activities as follows:

a) From 5% to less than 30% of the enrollment scale for college-level vocational training;

b) From 20% to less than 40% of the enrollment scale for intermediate-level vocational training;

c) From 30% to less than 50% of the enrollment scale for basic-level vocational training.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of not registering supplementary vocational training activities when increasing the enrollment scale of each trade beyond the enrollment scale recorded in the certificate of registration for vocational training activities as follows:

a) From 30% to less than 50% of the enrollment scale for college-level vocational training;

b) From 40% to less than 60% of the enrollment scale for intermediate-level vocational training;

c) From 50% to less than 70% of the enrollment scale for basic-level vocational training.

6. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of not registering supplementary vocational training activities when increasing the enrollment scale of each trade beyond the enrollment scale recorded in the certificate of registration for vocational training activities as follows:

a) 50% or more of the enrollment scale for college-level vocational training;

b) 60% or more of the enrollment scale for intermediate-level vocational training;

c) 70% or more of the enrollment scale for basic-level vocational training.

7. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for the act of not registering vocational training activities in any of the following cases:

a) Adding new trades or levels of training;

b) Dividing, splitting, merging, or consolidating vocational training institutions;

c) Changing the managing agency or investor of the vocational training institution;

d) Moving the main office or branch or training facility to another location;

đ) Establishing a new branch or training facility;

e) Collaborating with organizations or individuals to organize vocational training activities.

8. A fine shall be imposed for organizing vocational training without registering the vocational training activities with the competent authority in any of the following amounts:

a) VND 40,000,000 to VND 60,000,000 for basic-level vocational training;

b) VND 60,000,000 to VND 80,000,000 for intermediate-level vocational training;

c) VND 80,000,000 to VND 100,000,000 for college-level vocational training.

9. Additional forms of punishment:

Suspension of vocational training activities for a period of from one month to three months for violations stipulated in Clause 8 of this Article.

10. Measures to address consequences:

a) Compelling the recovery of the certificate of registration for vocational training activities, or the supplementary certificate of registration for vocational training activities for violations stipulated in Clause 2 of this Article;

b) Compelling the restoration of educational rights for learners and refunding to learners any amounts collected for violations stipulated in Clause 8 of this Article; if the learners cannot be identified, then compelling payment into the state budget.

Article 7. Violation of regulations on training programs, contents, and plans

1. A fine shall be imposed for the act of failing to ensure the number of hours of study prescribed under the framework program for each subject or module with one of the following levels:

a) VND 300,000 to VND 500,000 when the violation is less than 5% of the total number of hours of study;

b) VND 500,000 to VND 1,000,000 when the violation is from 5% to less than 10% of the total number of hours of study;

c) VND 1,000,000 to VND 3,000,000 when the violation is from 10% to less than 15% of the total number of hours of study;

d) VND 3,000,000 to VND 5,000,000 when the violation is from 15% to less than 20% of the total number of hours of study;

đ) VND 5,000,000 to VND 10,000,000 when the violation is 20% or more of the total number of hours of study.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Failure to establish a training schedule, training plan, and teacher plan as prescribed;

b) Failure to use or use incorrectly the prescribed forms and records for managing teaching and learning activities.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not complying with the regulations on procedures for organizing, developing, reviewing, and approving vocational training programs.

4. A fine shall be imposed for the act of promulgating a vocational training program that does not conform to the content and structure of the framework vocational training program at different levels of training with one of the following levels:

a) VND 10,000,000 to VND 15,000,000 for the initial vocational level;

b) VND 15,000,000 to VND 20,000,000 for the intermediate vocational level;

c) VND 20,000,000 to VND 25,000,000 for the college vocational level.

5. Measures to remedy consequences:

a) Compel supplementary teaching of the missing hours of study for the act violating Clause 1 of this Article;

b) Compel compliance with the establishment of a training schedule, training plan, teacher plan, and the use of prescribed forms and records for managing teaching and learning activities for the act violating Clause 2 of this Article;

c) Compel the re-establishment of the vocational training program for the act violating Clause 4 of this Article.

Article 8. Violation of regulations on admission

1. A warning or a fine of VND 300,000 to VND 500,000 shall be imposed for the act of falsifying admission application files.

2. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of assisting in falsifying admission application files to gain admission.

3. A fine shall be imposed for the act of violating regulations on the target group and admission criteria for vocational training with one of the following levels:

a) VND 300,000 to VND 500,000 when admitting the wrong person from 01 to less than 05 individuals;

b) VND 500,000 to VND 1,000,000 when admitting the wrong person from 05 to less than 10 individuals;

c) VND 1,000,000 to VND 3,000,000 when admitting the wrong person from 10 to less than 20 individuals;

d) VND 3,000,000 to VND 5,000,000 when admitting the wrong person from 20 to less than 30 individuals;

đ) VND 5,000,000 to VND 10,000,000 when admitting the wrong person from 30 individuals or more.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of announcing admissions through any means before registering for vocational training activities with competent state agencies.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of collecting applications, organizing exams, or conducting admissions before registering for vocational training activities with competent state agencies.

6. Measures to remedy consequences:

a) Compel the cancellation of admission results for the acts violating Clause 3 and Clause 5 of this Article;

b) Compel the refund of collected amounts to students for the acts violating Clause 3 and Clause 5 of this Article; if the student cannot be identified, then compel the payment into the state budget;

c) Compel public announcement of the cessation of admissions for the acts violating Clause 4 and Clause 5 of this Article.

Article 9. Violation of class size regulations

1. A fine shall be imposed for the act of arranging the number of students in a class to exceed the prescribed limit with one of the following levels:

a) From VND 1,000,000 to VND 3,000,000 when exceeding the prescribed limit by less than 15%;

b) From VND 3,000,000 to VND 5,000,000 when exceeding the prescribed limit from 15% to less than 30%;

c) From VND 5,000,000 to VND 10,000,000 when exceeding the prescribed limit by 30% or more.

2. Measures to remedy consequences:

Compel the arrangement of the number of students in a class in accordance with the prescribed regulations for violations stipulated in Clause 1 of this Article.

Article 10. Violation of regulations on ensuring full-time teachers and lecturers

A fine shall be imposed for the act of not having full-time teachers and lecturers for vocational training programs with one of the following levels:

1. From VND 1,000,000 to VND 3,000,000 for vocational training centers;

2. From VND 3,000,000 to VND 5,000,000 for secondary vocational schools;

3. From VND 5,000,000 to VND 10,000,000 for college-level vocational schools.

Article 11. Violation of regulations on using teachers and lecturers

1. A fine shall be imposed for the act of using teachers and lecturers who do not meet the required qualifications for teaching with one of the following levels:

a) From VND 3,000,000 to VND 5,000,000 for初级级职业资格；

b) From VND 5,000,000 to VND 10,000,000 for中级职业资格；

c) From VND 10,000,000 to VND 15,000,000 for高级职业资格。

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using each teacher or lecturer to teach additional hours exceeding 50% of the standard number of hours for the academic year for teachers and lecturers; 33.33% of the standard number of hours for the academic year for each management staff member of the vocational training institution participating in teaching.

3. Measures to remedy consequences:

Compel the arrangement and use of teachers and lecturers who meet the required qualifications for teaching for violations stipulated in Clause 1 of this Article.

Article 12. Violation of regulations on ensuring material conditions

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not organizing libraries, health care, physical training areas as prescribed.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of not ensuring the minimum area for theoretical classrooms, practical classrooms, and workshops.

Article 13. Violation of regulations on evaluating learning outcomes

1. A fine shall be imposed for the act of not fully implementing the regulations on evaluation and classification or distorting the results of evaluation and classification of semester, academic year, or course learning outcomes with one of the following levels:

a) From VND 1,000,000 to VND 3,000,000 for violations involving from 01 to less than 05 persons;

b) From VND 3,000,000 to VND 5,000,000 for violations involving from 05 to less than 10 persons;

c) From VND 5,000,000 to VND 10,000,000 for violations involving 10 persons or more.

2. Measures to remedy consequences:

Compel the evaluation and classification of learning outcomes in accordance with the actual performance of learners for violations stipulated in Clause 1 of this Article.

Article 14. Violation of regulations on graduation examinations

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts of violation:

a) Grading graduation examination papers incorrectly according to the answer key and grading scale;

b) Establishing grade sheets that deviate from the grading results of the examination papers.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Taking an exam on behalf of another person;

b) Illegally transferring materials, devices, or information into the examination room;

c) Revealing the examination paper code;

d) Adding to or altering the examination paper.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of swapping examination papers or assisting others in swapping examination papers.

4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of losing examination papers.

5. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of revealing or losing examination questions.

6. Additional forms of punishment:

Confiscate the items used to commit the violations stipulated in Point b Clause 2 and Clause 3 of this Article.

Article 15. Violation of regulations on vocational certificates and licenses

1. A fine of VND 300,000 to VND 500,000 shall be imposed for the act of not issuing a certified copy or confirming the legality of issued vocational certificates and licenses.

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

a) Not establishing a file or establishing an incomplete file in accordance with regulations for issuing and managing vocational certificates and licenses;

b) Issuing vocational certificates and licenses with contents that do not comply with regulations.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Printing blank forms of vocational certificates and licenses not in accordance with prescribed models;

b) Issuing vocational certificates and licenses not in accordance with prescribed models.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of issuing vocational certificates and licenses to persons who do not meet the criteria.

5. Additional forms of punishment:

Revoking the right to use the certificate of registration for vocational training activities, the supplementary certificate of registration for vocational training activities for a period of from one month to three months for violations stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling the issuance of certified copies or confirmation of the legality of issued vocational certificates and licenses for violations stipulated in Clause 1 of this Article;

b) Compelling the destruction of printed blank forms of vocational certificates and licenses for violations stipulated in Point a, Clause 3 of this Article;

c) Compelling the recovery of issued vocational certificates and licenses for violations stipulated in Point b, Clause 2, Point b, Clause 3 and Clause 4 of this Article.

Article 16. Violation of regulations on joint vocational training programs

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Using foreign training programs without recognition by competent authorities regarding quality;

b) Not providing or providing incomplete information related to joint training programs on the electronic information website of the joint training institution.

2. A fine of from twenty million dong to thirty million dong shall be imposed for one of the following violations:

a) Jointly conducting vocational training with foreign educational institutions without recognition of quality by quality assessment organizations or competent authorities abroad or by competent Vietnamese authorities;

b) Jointly conducting vocational training with foreign educational institutions for trades outside the list of permitted cooperative investment sectors in vocational training in Vietnam.

3. Additional forms of punishment:

Requesting the relevant state authority to suspend joint vocational training activities for a period of from one month to three months for violations stipulated in Point a, Clause 1 and Point a, Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compelling the refund of collected amounts to students for violations stipulated in Point a, Clause 1 and Clause 2 of this Article; if the student cannot be identified, then the amount must be paid into the state budget;

b) Compelling the provision of complete and accurate information related to joint vocational training programs for violations stipulated in Point b, Clause 1 of this Article.

Article 17. Violation of regulations on disciplinary measures leading to termination of studies

1. A fine shall be imposed for the act of imposing disciplinary measures leading to termination of studies not in accordance with regulations, with one of the following levels:

a) From VND 1,000,000 to VND 3,000,000 when the violation affects fewer than three individuals;

b) From VND 3,000,000 to VND 5,000,000 when the violation affects three to fewer than five individuals;

c) From VND 5,000,000 to VND 10,000,000 when the violation affects five or more individuals.

2. Measures to remedy consequences:

Compelling the cancellation of the disciplinary decision and restoration of study rights for the individual affected for violations stipulated in Clause 1 of this Article.

Article 18. Violation of regulations on quality inspection activities for vocational training

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of failing to return the quality inspection officer card for vocational training as decided by the competent authority.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of providing false information about standards and conditions for obtaining a quality inspection officer card for vocational training.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following violations:

a) Providing false information about conditions for conducting quality inspections of vocational training institutions and programs;

b) Failing to return the certificate of quality inspection for vocational training or the certificate of quality inspection for vocational training programs as decided by the competent authority;

c) A vocational training institution that has been certified as meeting quality inspection standards does not conduct self-inspection of vocational training quality as prescribed.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following violations:

a) Allowing others to use the quality inspection officer card;

b) Providing information about inspection results without permission;

c) Distorting the content of the self-inspection report on vocational training quality;

d) Distorting the results of vocational training quality inspection by the quality inspection team.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on any of the following violations:

a) Using counterfeit certificates of quality inspection for vocational training or counterfeit certificates of quality inspection for vocational training programs;

b) Providing false information about the quality inspection results of vocational training institutions or programs through media.

6. Additional forms of punishment:

Suspension of the right to use the quality inspection officer card for vocational training from one to three months for violations stipulated in Clause 4 of this Article.

7. Measures to remedy consequences:

a) Compulsory recovery of the quality inspection officer card for vocational training for violations stipulated in Clause 2 of this Article;

b) Compulsory recovery of counterfeit certificates of quality inspection for vocational training or counterfeit certificates of quality inspection for vocational training programs for violations stipulated at Point a of Clause 5 of this Article;

c) Compulsory correction on media for violations stipulated at Point b of Clause 5 of this Article.

Article 19. Violation of regulations on national skills assessment activities

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of failing to return the national skills assessor card as decided by the competent authority.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of reporting false information about standards and conditions for obtaining a national skills assessor card.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of failing to return the certificate of national skills assessment center within the time limit specified in the decision of the competent state authority.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following violations:

a) Allowing others to use the national skills assessor card;

b) Distorting or falsely confirming the results of skills assessment.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of using counterfeit certificates of national skills assessment centers.

6. Additional forms of punishment:

Suspension of the right to use the national skills assessor card from one to three months for violations stipulated in Clause 4 of this Article.

7. Measures to remedy consequences:

a) Compulsory recovery of the national skills assessor card for violations stipulated in Clause 2 of this Article;

b) Compulsory recovery of counterfeit certificates of national skills assessment centers for violations stipulated in Clause 5 of this Article.

Article 20. Violation of reporting regulations in vocational training

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of submitting periodic reports and reporting on admission results and graduation certification late from 15 to 30 days.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of submitting periodic reports and reporting on admission results and graduation certification late for 31 days or more, or failure to report despite being urged by a written notice.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 21. Inspection Authority

1. Inspectors and persons assigned to perform specialized inspection tasks in vocational training while performing their duties have the right:

a) To issue warnings;

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

c) To confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

d) To apply measures to remedy consequences prescribed at Points a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. The Director of the Department of Labor, Invalids and Social Affairs' Inspectorate, the Head of the Department of Labor, Invalids and Social Affairs' specialized inspection team, and the Head of the General Department of Vocational Training's specialized inspection team have the right:

a) To issue warnings;

b) To impose a fine up to VND 37,500,000;

c) To revoke the certificate of registration for vocational training activities, supplementary registration for vocational training activities for a limited period, or suspend vocational training activities, joint vocational training activities for a limited period;

d) To confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

đ) To apply measures to remedy consequences prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Article 3 of this Decree.

3. The Head of the Department of Labor, Invalids and Social Affairs' specialized inspection team has the right:

a) To issue warnings;

b) To impose a fine up to VND 52,500,000;

c) To revoke the certificate of registration for vocational training activities, supplementary registration for vocational training activities for a limited period, or suspend vocational training activities, joint vocational training activities for a limited period;

d) To confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

đ) To apply measures to remedy consequences prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Article 3 of this Decree.

4. The Director of the Department of Labor, Invalids and Social Affairs' Inspectorate, and the Director of the General Department of Vocational Training have the right:

a) To issue warnings;

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

c) To revoke the certificate of registration for vocational training activities, supplementary registration for vocational training activities for a limited period, or suspend vocational training activities, joint vocational training activities for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Article 3 of this Decree.

Article 22. Penalty Authority of the Chairman of the People's Committee

1. The Chairman of the People's Committee of a district-level city has the right:

a) To issue warnings;

b) To impose a fine up to VND 37,500,000;

c) To revoke the certificate of registration for vocational training activities, supplementary registration for vocational training activities for a limited period, or suspend vocational training activities, joint vocational training activities for a limited period;

d) To confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause of this Article;

đ) To apply measures to remedy consequences prescribed at Points a, b, c, đ, e, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Article 3 of this Decree.

2. The Chairman of the People's Committee of a provincial-level city has the right:

a) To issue warnings;

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

c) To revoke the certificate of registration for vocational training activities, supplementary registration for vocational training activities for a limited period, or suspend vocational training activities, joint vocational training activities for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Article 3 of this Decree.

Article 23. Authority to Draft Administrative Violation Records in the Field of Vocational Training

1. Those who have penalty authority as prescribed in Articles 21 and 22 of this Decree.

2. Members of the inspection team according to the decision of the Minister of Labor, Invalids and Social Affairs, the Director of the Department of Labor, Invalids and Social Affairs' Inspectorate, the Director of the General Department of Vocational Training, the Director of the Department of Labor, Invalids and Social Affairs, and the Director of the Department of Labor, Invalids and Social Affairs' Inspectorate.

3. Members of the inspection team according to the decision of the Minister, the head of a ministry-equivalent agency, the Chairman of the People's Committee of a provincial-level city, the Chairman of the People's Committee of a district-level city, the Director of the Inspectorate, the Director of the Provincial Inspectorate, and the Director of the District Inspectorate.

Chapter IV

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. This Decree takes effect from December 15, 2013.

2. Government Decree No. 116/2009/NĐ-CP dated December 31, 2009, prescribing penalties for administrative violations in the field of vocational training ceases to be effective from the date this Decree takes effect.

Article 25. Transitional Provisions

1. For administrative violations in the field of vocational training occurring before July 1, 2013, but discovered or under consideration and resolution thereafter, the provisions most favorable to the violator shall be applied.

2. For decisions on administrative penalties in the field of vocational training issued or fully executed before the effective date of this Decree, if the individual or organization subject to administrative penalty still appeals, the provisions of Government Decree No. 116/2009/NĐ-CP dated December 31, 2009, prescribing penalties for administrative violations in the field of vocational training shall be applied for resolution.

Article 26. Administrative responsibility

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.