Decree No. 49/2005/ND-CP On Administrative Sanctions for Violations in the Field of Education

DECREE OF THE GOVERNMENT

On administrative offenses in the field of education

THE GOVERNMENT

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

Pursuant to the Education Law dated December 2, 1998;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

promulgates a Decree stipulating the criteria for stratification, ranking framework, and ranking standards for higher education institutions.

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates acts of administrative offenses in the field of education (excluding vocational training not within the scope of this Decree), forms of punishment, fines, authority to impose punishment, procedures for punishment, and measures to remedy consequences.

2. Administrative offenses in the field of education are actions that violate state management regulations in the field of education committed intentionally or negligently by individuals or organizations, which are not criminal offenses and must be punished according to the Administrative Violation Handling Ordinance and this Decree.

3. Acts of administrative offenses in the field of education prescribed in other Government Decrees (hereinafter referred to as related Decrees) shall be governed by those Decrees.

Article 2. Applicability

1. Individuals and organizations of Vietnam committing administrative offenses in the field of education shall be punished according to this Decree and related Decrees.

2. Foreign individuals and organizations committing administrative offenses in the field of education in Vietnam shall be punished according to this Decree and related Decrees, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. Individuals who are minors committing administrative offenses in the field of education shall be handled according to Articles 7, Clause 1 and Clause 3 of the Administrative Violation Handling Ordinance.

Article 3. Principles of Punishment

1. All administrative offenses in the field of education must be discovered promptly and stopped immediately.

The handling of administrative offenses in the field of education must be conducted swiftly, fairly, thoroughly; all consequences caused by such offenses must be remedied in accordance with the law.

2. Individuals and organizations shall only be punished for administrative offenses in the field of education if they commit violations as prescribed in this Decree and other Government Decrees on administrative offense penalties.

3. An administrative offense in the field of education shall only be punished once.

An individual or organization committing multiple administrative offenses in the field of education shall be punished for each separate offense.

Multiple individuals or organizations jointly committing an administrative offense in the field of education shall each be punished.

4. The punishment for administrative offenses in the field of education must be based on the nature and degree of violation, the background of the violator, and mitigating or aggravating circumstances to determine appropriate forms and measures of punishment.

5. Administrative offenses in the field of education shall not be punished in cases of emergency situations, justifiable self-defense, unexpected events, or when the individual committing the offense suffers from mental illness or other diseases that have impaired their ability to understand or control their behavior.

Article 4. Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances applied in the punishment of administrative offenses as prescribed in Chapter II of this Decree shall be implemented according to Articles 8 and 9 of the Administrative Violation Handling Ordinance.

Article 5. Statute of Limitations for Administrative Offenses

1. The statute of limitations for administrative offenses in the field of education is one year, counted from the date the administrative offense was committed; for administrative offenses in the field of education related to finance, intellectual property, construction, environment, housing, land, publishing, export, import, exit, entry, or when the administrative offense is smuggling, producing, or selling counterfeit goods, the statute of limitations is two years; beyond these periods, punishment will not be imposed, but measures to remedy consequences as prescribed in Clause 3, Article 7 of this Decree shall still apply.

2. For individuals who are indicted, prosecuted, or have a case brought to trial under criminal procedure but subsequently have a decision to terminate investigation or terminate the case, if the act of violation has characteristics of an administrative offense in the field of education, they shall be punished for administrative offenses; within three days from the date of issuing the decision to terminate the investigation or terminate the case, the person issuing the decision must send the decision to the authority with the power to punish; in this case, the statute of limitations for administrative offenses is three months, counted from the date the authority receives the decision to terminate the investigation and the case file.

3. Within the time limit prescribed in Clauses 1 and 2 of this Article, if an individual or organization commits a new administrative offense in the field of education or deliberately evades or obstructs punishment, the statute of limitations prescribed in Clauses 1 and 2 of this Article shall not apply. The statute of limitations for administrative offenses shall be recalculated from the date of committing the new administrative offense or from the date of ceasing deliberate evasion or obstruction of punishment.

Article 6. Time limit considered as not having been administratively penalized

An individual or organization punished for an administrative offense in the field of education, if they do not reoffend within one year from the date of completing the punishment decision or from the date the punishment decision becomes ineffective, shall be considered as not having been punished for an administrative offense in the field of education.

Article 7. Forms of Punishment and Measures to Remedy Consequences

1. For each administrative offense in the field of education, the violator must bear one of the following main forms of punishment:

a) Warning;

b) Fine.

When imposing a fine, the specific amount of the fine for a single administrative offense is the midpoint of the fine range prescribed for that offense. If the offense has mitigating circumstances as prescribed in Article 8 of the Administrative Violation Handling Ordinance, the fine may be reduced below the midpoint but not below the minimum level of the fine range; if the offense has aggravating circumstances as prescribed in Article 9 of the Administrative Violation Handling Ordinance, the fine may be increased above the midpoint but not exceed the maximum level of the fine range.

2. Depending on the nature and degree of violation, individuals and organizations violating administrative regulations in the field of education may be subject to one or more of the following additional forms of administrative punishment:

a) Revocation of decisions to establish, licenses, and professional certificates for a limited or unlimited period for individuals and organizations seriously violating the regulations on the use of such decisions, licenses, and certificates;

b) Confiscate property, means of transportation used for administrative violations;

c) Deportation if the violator is a foreign national.

3. In addition to the forms of punishment prescribed in Clauses 1 and 2 of this Article, individuals and organizations violating administrative regulations in the field of education may also be subject to one or more of the following measures to remedy consequences:

a) Compelling restoration to the original state altered due to the administrative violation at the request of the competent authority;

b) Compelling suspension or termination of teaching and educational activities;

c) Compelling cancellation of examination results or re-grading of test papers;

d) Compelling supplementary teaching, practical guidance, and internship sessions in accordance with the number of hours, content, and program as stipulated; providing materials and equipment according to the approved plan;

đ) Compelling revocation of erroneous decisions that contravene the provisions of the competent authority;

e) Compelling restoration of the right to study, legitimate benefits, and correct assessment results of students, ensuring the rights of users of diplomas and certificates;

g) Compelling repayment to students of amounts collected and bearing all costs incurred in organizing repayment due to the administrative violation;

h) Compelling recovery of illegally issued diplomas and certificates;

i) Compelling removal from Vietnam's territory or compelling re-exportation of textbooks, educational materials, and equipment imported illegally due to the administrative violation.

PART II
VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE FIELD
OF EDUCATION, FORMS OF PUNISHMENT AND AMOUNTS OF PUNISHMENT

Article 8. Violations concerning the establishment of educational institutions and organization of educational activities

1. A fine of VND 1,000,000 to VND 2,000,000 for the act of losing decisions to establish, licenses, or professional certificates but failing to report to the competent authority.

2. A fine of VND 5,000,000 to VND 10,000,000 for any of the following acts: erasing, altering, supplementing content, buying, selling, transferring, renting, lending decisions to establish, licenses, or professional certificates contrary to the provisions of the law.

3. A fine for the act of establishing educational institutions unlawfully shall be imposed as follows:

a) VND 5,000,000 to VND 10,000,000 for the act of establishing preschool and general education institutions;

b) VND 10,000,000 to VND 20,000,000 for the act of establishing vocational training centers, continuing education centers, language centers, computer centers;

c) VND 20,000,000 to VND 40,000,000 for higher vocational training institutions;

d) VND 60,000,000 to VND 100,000,000 for higher education institutions and postgraduate institutions.

4. A fine for the act of independently opening classes to teach according to preschool, general education, vocational high school, pre-university preparatory, university entrance exam preparation, higher vocational training, undergraduate, and postgraduate programs without permission from the competent authority or granting permission beyond authority shall be imposed as follows:

a) VND 200,000 to VND 500,000 for preschool classes;

b) VND 500,000 to VND 1,000,000 for general education classes;

c) VND 1,000,000 to VND 2,000,000 for vocational high school training, pre-university preparatory, and university entrance exam preparation classes;

d) VND 2,000,000 to VND 5,000,000 for undergraduate and postgraduate training classes.

6. Additional forms of punishment and remedial measures for the acts prescribed in this Article:

a) Confiscation of evidence for the act mentioned in Clause 2 of this Article;

b) Compelling return to students of amounts collected and bearing all costs incurred in organizing repayment for the acts mentioned in Clauses 3 and 4 of this Article.

Article 9. Violations concerning the operation of educational institutions

1. A fine for the act of failing to comply with the decision of the competent authority regarding suspension of operations or dissolution; operating outside the permitted time frame specified in the license; ceasing operations without authorization causing damage to students shall be imposed as follows:

a) VND 3,000,000 to VND 5,000,000 for preschool and general education institutions;

b) VND 5,000,000 to VND 10,000,000 for vocational training centers, continuing education centers, language centers, computer centers;

c) VND 15,000,000 to VND 30,000,000 for higher vocational training institutions;

d) VND 40,000,000 to VND 60,000,000 for higher education institutions and postgraduate institutions.

2. A fine of VND 5,000,000 to VND 10,000,000 for the act of training and issuing certificates contrary to the provisions of the law.

3. Impose a fine of from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Training and issuing diplomas of the national education system exceeding assigned authority;

b) Training fields and specialties outside assigned authority.

4. Remedial measures for violations prescribed in this Article:

a) Compelling return to students of amounts collected and bearing all costs incurred in organizing repayment for the violations mentioned in Clause 1 and recovering illegally issued diplomas and certificates for the violations mentioned in Clauses 2 and 3 of this Article;

b) Compelling restoration of the right to study lost by students due to the violation mentioned in Clause 1 of this Article according to the decision of the competent authority.

Article 10. Violations concerning educational programs, content, and plans

1. Warning or a fine for the act of not teaching the required number of hours or content (converted into hours) of a subject as stipulated by the competent authority for general education, vocational high schools, higher vocational training, undergraduate, and postgraduate education shall be imposed as follows:

a) Warning for violations under five class hours in a year;

b) A fine of VND 200,000 to VND 500,000 for violations between five and ten class hours in a year;

c) A fine of VND 500,000 to VND 1,000,000 for violations between eleven and fifteen class hours in a year;

d) A fine of VND 1,000,000 to VND 2,000,000 for violations between sixteen and twenty class hours in a year;

đ) A fine of VND 2,000,000 to VND 3,000,000 for violations of twenty-one class hours or more in a year.

2. A fine shall be imposed on the act of teaching or disseminating contents not included in the curriculum, textbooks, or teaching materials as prescribed with the purpose of distorting educational content (but not reaching the level requiring criminal prosecution) according to the following levels of fines:

a) VND 500,000 to VND 1,000,000 for the first violation;

b) VND 1,000,000 to VND 2,000,000 for subsequent violations.

3. Additional sanctions for violations stipulated in this Article:

a) Confiscation of evidence for violations stipulated in Clause 2 of this Article;

b) Deportation if the violator is a foreigner for the acts stipulated in Clause 2 of this Article;

c) Suspension of the right to use licenses or certificates for a limited period for the first violation or indefinitely for repeated violations for the acts stipulated in Clause 2 of this Article.

4. Remedial measures for violations prescribed in this Article:

a) Order cessation of teaching or educational activities for the individual who violates for the acts stipulated in Clause 2 of this Article;

b) Order supplementary teaching sessions and missing content to be made up for violations stipulated in Clause 1 of this Article.

Article 11. Violations concerning the subjects, standards, quotas, and authority for admission

1. A warning or a fine from VND 200,000 to VND 300,000 shall be imposed on the act of falsifying or aiding in the falsification of admission application documents to gain admission.

2. A fine shall be imposed on the act of admitting students to general education levels and grades contrary to the subjects, standards as prescribed by the competent authority with the following levels of fines:

a) A fine from VND 300,000 to VND 500,000 for admitting fewer than three students incorrectly;

b) A fine from VND 1,000,000 to VND 2,000,000 for admitting between three and five students incorrectly;

c) A fine from VND 2,000,000 to VND 3,000,000 for admitting between six and ten students incorrectly;

d) A fine from VND 3,000,000 to VND 5,000,000 for admitting between eleven and fifteen students incorrectly;

đ) A fine from VND 5,000,000 to VND 10,000,000 for admitting sixteen or more students incorrectly.

3. A warning or a fine shall be imposed on the act of admitting students for vocational training beyond the quota, incorrect subjects, or standards as prescribed by the competent authority with the following levels of fines:

a) A warning for admitting beyond less than 5% of the enrollment quota assigned;

b) A fine from VND 200,000 to VND 500,000 for admitting beyond 5% to less than 10% of the enrollment quota assigned or admitting fewer than ten students incorrectly in terms of subjects or standards;

c) A fine from VND 1,000,000 to VND 2,000,000 for admitting beyond 10% to less than 15% of the enrollment quota assigned or admitting between ten and twenty students incorrectly in terms of subjects or standards;

d) A fine from VND 3,000,000 to VND 5,000,000 for admitting beyond 15% to 20% of the enrollment quota assigned or admitting between twenty-one and thirty students incorrectly in terms of subjects or standards;

đ) A fine from VND 6,000,000 to VND 10,000,000 for admitting beyond 20% of the enrollment quota assigned or admitting thirty-one or more students incorrectly in terms of subjects or standards.

4. A fine shall be imposed on the act of admitting students for college, university, and postgraduate training beyond the quota, incorrect subjects, or standards as prescribed by the competent authority with the following levels of fines:

a) A fine from VND 2,000,000 to VND 5,000,000 for admitting beyond less than 5% of the enrollment quota assigned;

b) A fine from VND 5,000,000 to VND 10,000,000 for admitting beyond 5% to less than 10% of the enrollment quota assigned or admitting fewer than ten students incorrectly in terms of subjects or standards;

c) A fine from VND 10,000,000 to VND 20,000,000 for admitting beyond 10% to less than 15% of the enrollment quota assigned or admitting between ten and twenty students incorrectly in terms of subjects or standards;

d) A fine from VND 20,000,000 to VND 40,000,000 for admitting beyond 15% to 20% of the enrollment quota assigned or admitting between twenty-one and thirty students incorrectly in terms of subjects or standards;

đ) A fine from VND 40,000,000 to VND 60,000,000 for admitting beyond 20% of the enrollment quota assigned or admitting thirty-one or more students incorrectly in terms of subjects or standards.

5. A fine shall be imposed on the act of admitting students for national education training and certification beyond the authorized jurisdiction with the following level of fine:

a) A fine from VND 5,000,000 to VND 10,000,000 for announcing admissions (by any means) before being authorized by the competent authority;

b) A fine from VND 10,000,000 to VND 20,000,000 for collecting applications, organizing exams or admissions, or summoning candidates before being authorized by the competent authority.

6. A fine shall be imposed on the act of violating state regulations on admissions for overseas training or at educational institutions with foreign elements operating within Vietnam under general education, vocational training, college, university, and postgraduate programs with the following levels of fines:

a) VND 5,000,000 to VND 10,000,000 for admitting one to five students incorrectly;

b) VND 10,000,000 to VND 20,000,000 for admitting six to ten students incorrectly;

c) VND 20,000,000 to VND 30,000,000 for admitting eleven to fifteen students incorrectly;

d) VND 30,000,000 to VND 40,000,000 for admitting sixteen to twenty students incorrectly;

đ) VND 40,000,000 to VND 50,000,000 for admitting twenty-one to twenty-five students incorrectly;

e) VND 50,000,000 to VND 60,000,000 for admitting twenty-six or more students incorrectly.

7. Additional sanctions for violations stipulated in this Article:

a) Confiscation of evidence for violations stipulated in Clause 1 of this Article;

b) Suspension of the right to use licenses or certificates for a limited period for the first violation and indefinitely for repeated violations for violations stipulated in Clauses 3, 4, and 6 of this Article.

8. Measures to rectify consequences for violations stipulated in this Article:

a) Order cancellation of erroneous decisions resulting from the acts stipulated in Clauses 1, 2, 3, 4, and 5 of this Article;

b) Compel the return of all amounts collected from students and bear all costs for such returns in respect of the acts specified in Clauses 2, Clause 3, Clause 4, Clause 5, and Clause 6 of this Article.

Article 12. Violating regulations on admission examinations to educational institutions and graduation examinations for awarding certificates of the national education system.

1\. Impose a fine of VND 1,000,000 to VND 2,000,000 for acts of disrupting or threatening to use force to obstruct the examination managers, invigilators, graders, or support staff in performing their duties.

2\. Impose a fine of VND 2,000,000 to VND 4,000,000 for acts of using force to obstruct the examination managers, invigilators, graders, or support staff in performing their duties.

3\. Impose a fine of VND 4,000,000 to VND 6,000,000 for any of the following acts:

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 the examination paper.

4\. Impose a fine of VND 6,000,000 to VND 10,000,000 for acts of swapping examination papers or assisting others in swapping examination papers of candidates in violation of the competent authority's regulations.

5\. Impose a fine of VND 1,500,000 to VND 3,000,000 for any of the following violations of examination rules:

a) Issuing decisions to establish organizational structures and assign tasks to officials contrary to the examination rules applicable to that examination period.

b) Causing loss or damage to examination papers 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) Creating grade sheets that deviate from the actual results of the examination papers.

6\. Impose a fine of VND 4,000,000 to VND 6,000,000 for the act of adding or altering the content of examination papers of candidates in violation of regulations.

7\. Impose a fine of VND 10,000,000 to VND 20,000,000 for the act of disclosing secrets or losing examination questions (but not reaching the level requiring criminal prosecution).

8\. Additional penalties for violations stipulated in this Article:

Confiscate objects, means of transportation, or tools used to commit violations stipulated in Clauses 3, Clause 4, Clause 6, and Clause 7 of this Article.

9\. Measures to remedy consequences for violations stipulated in this Article:

a) Compel restoration to the original state altered by the violations stipulated in Clause 4, Point d Clause 5, and Clause 6 of this Article.

b) Compel cancellation of the examination results of the violator (if the violator is a candidate) for the acts stipulated in Clause 1, Clause 2, and of the beneficiary candidate for the acts stipulated in Clauses 3, Clause 4, Clause 6, and Clause 7 of this Article.

c) Compel re-grading of examination papers for violations stipulated in Point c Clause 5 of this Article.

Article 13. Violating regulations on assessing learning outcomes of learners in general secondary schools, vocational high schools, and higher education institutions.

1\. Impose a warning or fine for failing to fully implement the provisions of the competent authority regarding grading, evaluating, and classifying learning outcomes affecting the results of subjects, semesters, or academic years of learners, with the following levels of fines:

a) Issue a warning or impose a fine of VND 100,000 to VND 200,000 for violations in general education.

b) Impose a fine of VND 300,000 to VND 500,000 for violations in vocational high education.

c) Impose a fine of VND 600,000 to VND 1,000,000 for violations in higher education.

2\. Remedial measures for violations stipulated in this Article:

Compel restoration of the accurate assessment and classification of learning outcomes of learners for violations stipulated in Clause 1 of this Article.

Article 14. Violating regulations on managing, issuing, and using certificates and diplomas of the national education system.

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Failure to perform the responsibility of issuing, certifying copies, or confirming the legality of issued certificates and diplomas.

b) Issuing certificates and diplomas containing incorrect information causing obstacles for users.

2\. Impose a fine of VND 500,000 to VND 1,000,000 for the act of using illegal certificates or diplomas.

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

a) Failure to establish or establish incomplete files as required for issuing, managing, or certifying the legality of certificates and diplomas.

b) Confirming false information or altering files leading to the issuance of certificates and diplomas to individuals who do not meet the criteria.

4\. Impose a fine of VND 2,000,000 to VND 3,000,000 for any of the following acts:

a) Issuing or proposing the competent authority to issue illegal certification decisions.

b) Destroying or altering files or documents used as a basis for issuing or certifying the legality of certifications (but not reaching the level requiring criminal prosecution).

5\. Impose a fine of VND 4,000,000 to VND 5,000,000 for any of the following acts:

a) Issuing or proposing the competent authority to issue illegal degree certification decisions.

b) Destroying or altering files or documents used as a basis for issuing or certifying the legality of degrees (but not reaching the level requiring criminal prosecution).

6\. Additional penalties for violations stipulated in this Article:

Suspend the right to use licenses or professional certificates for a limited period if there is a second violation, and indefinitely if the violation continues to recur, for violations stipulated in Clause 3 and Clause 4 of this Article.

7\. Remedial measures for violations stipulated in this Article:

a) Revoke certificates and diplomas for violations stipulated in Point b Clause 1, Clause 2, Point b Clause 3, Point a Clause 4, and Point a Clause 5 of this Article.

b) Compel restoration of the legitimate rights and interests of users of certificates and diplomas for violations stipulated in Clause 1 of this Article.

Article 15. Violating regulations on the use of teachers.

1\. Impose a fine for the act of using teachers who do not meet the prescribed standards according to the following levels of fines:

a) Issue a warning for the act of using kindergarten teachers who do not meet the standards.

b) Impose a fine of VND 1,000,000 to VND 2,000,000 for the act of using primary and secondary school teachers who do not meet the standards.

c) Impose a fine of VND 3,000,000 to VND 4,000,000 for the act of using vocational high school teachers, continuing education centers, language centers, or computer training center teachers who do not meet the standards.

d) Impose a fine of VND 5,000,000 to VND 10,000,000 for the act of using college lecturers who do not meet the standards.

d) A fine of from VND 11,000,000 to VND 15,000,000 for the act of using university lecturers or postgraduate lecturers who do not meet the required standards.

2. Measures to address the consequences of violations of the provisions of this Article:

Order the cessation of teaching activities for teachers who are currently being used and do not meet the required standards as specified in the act provided for in Clause 1 of this Article.

Article 16. Violation of regulations on ensuring the ratio of full-time teachers and lecturers in educational institutions

Impose a fine on acts violating the regulations of the competent authority regarding the ratio of full-time teachers and lecturers to the total number of teachers and lecturers in educational institutions with the following levels of fines:

a) A fine of from VND 2,000,000 to VND 5,000,000 for violations at general education levels;

b) A fine of from VND 5,000,000 to VND 10,000,000 for violations at vocational training centers, continuing education centers, language centers, and computer centers;

c) A fine of from VND 10,000,000 to VND 15,000,000 for violations at college training institutions;

d) A fine of from VND 15,000,000 to VND 20,000,000 for violations at university and postgraduate training institutions.

Article 17. Violation of regulations on managing student records

1. Issue a warning or impose a fine on acts of negligence in management that result in unauthorized alterations to academic transcripts, grade sheets, or other materials related to the assessment of students' learning outcomes, causing adverse effects, with the following levels of fines:

a) Issue a warning or impose a fine of from VND 100,000 to VND 200,000 for violations involving up to two students;

b) Impose a fine of from VND 300,000 to VND 500,000 for violations involving three to five students;

c) Impose a fine of from VND 600,000 to VND 1,000,000 for violations involving six or more students.

2. Impose a fine of from VND 2,000,000 to VND 5,000,000 for the act of failing to establish or inadequately establishing student management files as prescribed by the School Regulations.

3. Measures to address the consequences of violations of the provisions of this Article:

Order the restoration of the original state altered due to the violation of the provisions of Clause 1 of this Article.

Article 18. Violation of regulations on the use of textbooks, educational materials, and the supply and use of educational equipment

1. Impose a fine of from VND 1,000,000 to VND 5,000,000 for the act of making decisions contrary to regulations to purchase, accept gifts, or use textbooks, educational materials, and educational equipment that do not meet quality standards, adversely affecting teaching and learning.

2. Impose a fine of from VND 10,000,000 to VND 15,000,000 for the act of transporting and distributing textbooks, educational materials, and educational equipment contrary to the supply plan prescribed by the competent authority.

3. Measures to address the consequences of violations of the provisions of this Article:

a) Order the removal from Vietnam or re-export of textbooks, educational materials, and educational equipment illegally imported due to the violation of the provisions of Clause 1 of this Article;

b) Order the restoration of the original supply plan altered due to the violation of the provisions of Clause 2 of this Article.

Article 19. Violation of regulations on tuition fees, service charges, and other payments from students

Apply the provisions of Chapter II of Decree No. 106/2003/NĐ-CP dated September 23, 2003, of the Government on administrative penalties for violations concerning fees and service charges.

Article 20. Violation of regulations on disciplinary measures requiring withdrawal from studies

1. Issue a warning or impose a fine on acts of imposing disciplinary measures requiring students to withdraw from studies contrary to regulations, with the following levels of fines:

a) Issue a warning or impose a fine of from VND 200,000 to VND 500,000 for violations involving 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) Impose a fine of from VND 1,000,000 to VND 2,000,000 for violations involving six to ten students;

d) Impose a fine of from VND 2,000,000 to VND 3,000,000 for violations involving eleven or more students.

2. Measures to address the consequences of violations of the provisions of this Article:

Order the cancellation of incorrect decisions and restore the right to study for students affected by the act provided for in Clause 1 of this Article.

Article 21. Violation of regulations on universal education

1. Issue a warning or impose a fine of from VND 50,000 to VND 100,000 for acts obstructing the attendance of students at compulsory education levels.

2. Impose a fine of from VND 100,000 to VND 200,000 for acts of inciting non-attendance or dropout among students at compulsory education levels.

CHAPTER III
AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

Article 22. Authority to impose administrative penalties in the field of education of the Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee of communes, wards, and towns has the authority to impose penalties according to Article 28 of the Law on Handling Administrative Violations for acts of administrative violations in the field of education stipulated in Chapter II of this Decree within their jurisdiction and management authority.

2. The Chairperson of the People's Committee of districts, cities under provinces, and provincial cities has the authority to impose penalties according to Article 29 of the Law on Handling Administrative Violations for acts of administrative violations in the field of education stipulated in Chapter II of this Decree within their jurisdiction and management authority.

3. The Chairperson of the People's Committee of provinces and centrally-administered cities has the authority to impose penalties according to Article 30 of the Law on Handling Administrative Violations for acts of administrative violations in the field of education stipulated in Chapter II of this Decree within their jurisdiction and management authority.

Article 23. Authority to impose administrative penalties in the field of education of the Education Inspectorate

1. An education inspector performing official duties has the authority to impose penalties according to Clause 1 of Article 38 of the Law on Handling Administrative Violations for acts of administrative violations in the field of education stipulated in Chapter II of this Decree.

2. The Chief Inspector of the Department of Education and Training of centrally-administered provinces and cities has the authority to impose penalties according to Clause 2 of Article 38 of the Law on Handling Administrative Violations for acts of administrative violations in the field of education stipulated in Chapter II of this Decree.

3. The Chief Inspector of the Ministry of Education and Training has the authority to impose penalties according to Clause 3 of Article 38 of the Law on Handling Administrative Violations for acts of administrative violations in the field of education stipulated in Chapter II of this Decree.

Article 24. Delegation of authority to impose administrative penalties in the field of education

In the case where the competent authority for administrative violations in the field of education as prescribed in Article 22 and Clause 2, Clause 3 of Article 23 of this Decree is absent, the delegation shall be carried out in accordance with the provisions of Article 14 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations.

Article 25. Principles for determining the authority to impose administrative penalties in the field of education

1. The Chairpersons of People's Committees at all levels have the right to handle administrative violations in the field of education in their localities according to the authority prescribed in Articles 28, 29, and 30 of the Ordinance on Handling Administrative Violations.

2. Education inspectors have the right to impose administrative penalties in the field of education according to the provisions of Article 38 of the Ordinance on Handling Administrative Violations.

Where the violation exceeds the authority of the Director of the Department of Education and Training, the violation file shall be transferred to the Chairman of the Provincial People's Committee for handling according to his authority.

3. In cases where an individual or organization commits multiple administrative violations simultaneously, including those in the field of education, the authority to impose penalties shall be determined according to the principle stipulated in Clause 3 of Article 42 of the Ordinance on Handling Administrative Violations.

4. The authority to expel foreigners who violate administrative regulations in the field of education shall be implemented according to the provisions of Clause 1 of Article 17 of Decree No. 21/2001/NĐ-CP dated May 28, 2001, of the Government detailing the implementation of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam.

5. In cases where the act of violating education laws shows signs of criminal offenses, the file must be immediately transferred to the competent authority for resolution according to the provisions of Article 62 of the Ordinance on Handling Administrative Violations.

Article 26. Procedures for imposing administrative penalties in the field of education

1. The procedures for drafting the record, decision on penalty are carried out according to the provisions of Articles 19, 20, and 21 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations.

2. The imposition and payment of fines must comply with the procedures prescribed in Article 24 and Article 25 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations.

3. The procedure for revoking decisions on establishment, licenses, and practice certificates is implemented according to the provisions of Article 59 of the Ordinance on Handling Administrative Violations and Article 11 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations.

4. The procedures for confiscation and disposal of evidence and means of administrative violations in the field of education are carried out according to Article 60, Article 61 of the Ordinance on Handling Administrative Violations and Article 31 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations.

Article 27. Enforcement of decisions on administrative penalties in the field of education

1. Individuals and organizations that commit administrative violations in the field of education must enforce the penalty decision within ten days from the date they receive the decision, except in cases already provided for in Article 65 of the Ordinance on Handling Administrative Violations. The calculation of the time limit is regulated in Article 9 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations.

2. Individuals and organizations that commit administrative violations in the field of education but do not voluntarily enforce the decision shall be subject to compulsory enforcement. Individuals and organizations subject to compulsory enforcement must bear all costs for organizing the implementation of coercive measures. The procedures for compulsory enforcement are regulated in Article 66 and Article 67 of the Ordinance on Handling Administrative Violations.

PART IV
PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 28. Complaints, accusations, and resolution of complaints and accusations

1. Individuals, organizations, or their lawful representatives have the right to complain about the penalty decision of the competent authority prescribed in Articles 22, 23, and 24 of this Decree. The complaint procedure and resolution of complaints are carried out according to the provisions of Article 118 of the Ordinance on Handling Administrative Violations. The authority and time limit for complaints and resolution of complaints apply according to the Law on Complaints and Accusations. A complaint against a decision on administrative penalties does not suspend the execution of the decision on administrative penalties in the field of education.

2. Individuals have the right to report illegal acts in handling administrative violations in the field of education by the competent authority imposing penalties to state agencies with jurisdiction. The complaint, accusation, and resolution of complaints and accusations are regulated in Article 118 of the Ordinance on Handling Administrative Violations.

Article 29. Handling violations by the competent authority for administrative penalties in the field of education

The competent authority for administrative penalties in the field of education who harasses, tolerates, covers up, fails to handle, or handles improperly, beyond the prescribed authority, shall be dealt with according to the provisions of Article 121 of the Ordinance on Handling Administrative Violations.

Article 30. Handling violations by individuals or organizations penalized for administrative violations in the field of education

Individuals or organizations penalized for administrative violations in the field of education who obstruct public officials, delay, evade enforcement, or commit other violations shall be dealt with according to the provisions of Article 122 of the Ordinance on Handling Administrative Violations.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 31. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette.

Abolish the provisions on administrative penalties in the field of education prescribed in Decree No. 18/2001/NĐ-CP dated May 4, 2001, on the establishment and operation of foreign cultural and educational institutions in Vietnam, and other previous provisions contrary to the provisions of this Decree.

Article 32. Responsibility for guidance and enforcement

The Minister of Education and Training, within the scope of his functions, duties, and powers, is responsible for guiding and organizing the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.