Circular No. 51/2006/TT-BGDĐT guiding the implementation of certain provisions of Decree No. 49/2005/NĐ-CP dated April 11, 2005 of the Government on administrative penalties in the field of education.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 49/2005/NĐ-CP

dated April 11, 2005 of the Government on administrative penalties for violations in the field of education

Pursuant to Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations 2002;

Pursuant to the Education Law dated June 14, 2005;

Pursuant to Decree No. 49/2005/NĐ-CP dated April 11, 2005 of the Government on administrative penalties for violations in the field of education;

Decree No. Pursuant to Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 85/2006/NĐ-CP dated August 18, 2006 of the Government on the organization and operation of educational inspection;

The Ministry of Education and Training issues guidelines for implementing certain provisions of Decree No.

49/2005/NĐ-CP dated April 11, 2005 of the Government on administrative penalties for violations in the field of education as follows: These Circulars guide the implementation of certain provisions of Decree No. 49/2005/NĐ-CP dated April 11, 2005 of the Government on administrative penalties for violations in the field of education (hereinafter referred to as Decree 49) regarding the determination of violations.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars apply to individuals and organizations in Vietnam, foreign individuals and organizations conducting activities in the field of education in Vietnam with administrative violations as prescribed in Decree 49 and guided herein, except for cases prescribed in paragraphs 3 and 4 of Section I of these Circulars.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

3. Cases not subject to administrative penalties

a) Individuals committing administrative violations in the field of education who have not reached the age of 14;

b) Foreign individuals and organizations entitled to immunity from administrative penalties under the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts of Foreign Countries, and Representative Offices of International Organizations in Vietnam;

c) Cases prescribed in paragraph 5 of Article 3 of Decree 49;

d) Expiration of the time limit for imposing administrative penalties as prescribed in Article 5 of Decree 49;

đ) Acts constituting criminal offenses (in such cases, the file shall be transferred to the competent criminal proceedings authority).

4. Cases not subject to the provisions of Decree 49

For acts of administrative violations in the field of education prescribed in other Decrees of the Government, the forms of punishment, fines, authority to impose penalties, procedures for imposing penalties, and measures to mitigate consequences shall be applied according to the provisions of those Decrees.

II. DETERMINATION OF VIOLATIONS

Determining violations concerning the establishment of educational institutions and the organization of educational activities as prescribed in Article 8 of Decree 49 requires the following bases:

1. a) For schools:

The authority to establish public schools and permit the establishment of private and private schools is stipulated in Clause 1 of Article 51 of the Education Law.

The act of establishing a school illegally as prescribed in Clause 3 of Article 8 of Decree 49 constitutes a violation of Clause 1 of Article 51 of the Education Law.

b) For other educational institutions:

For other educational institutions in early childhood education and general education, the procedures for approval of establishment are stipulated in the Charter of Early Childhood Schools and General Education Schools, the Regulation on Organization and Operation of Early Childhood Educational Institutions, and the Regulation on Organization and Operation of Vocational Training Centers;

For continuing education centers, the procedures for establishment are stipulated in the Regulation on Organization and Operation of Continuing Education Centers;

For foreign language classes, computer classes, application training centers, and foreign language and computer centers, the procedures for establishment are stipulated in the decisions of the Minister of Education and Training on the organization and operation of application training centers and foreign language and computer centers; additional classes that charge fees based on student demand: the procedures for opening classes are stipulated according to the regulations of the Minister of Education and Training on managing additional teaching and learning.

The act of establishing other educational institutions illegally as prescribed in Clause 3 of Article 8 of Decree 49 constitutes a violation of Point b Clause 1 of Article 42 of the Education Law, the Regulation on Organization and Operation of Continuing Education Centers, and the Regulations on Organization and Operation of Application Training Centers and Foreign Language and Computer Centers.

Determining violations concerning the suspension of operations or dissolution of educational institutions as prescribed in Clause 1 of Article 9 of Decree 49, based on the provisions on the authority to suspend operations, merge, divide, and dissolve schools as stipulated in Clause 2 of Article 51 of the Education Law.

2. Determining violations concerning programs, contents, and educational plans as prescribed in Article 10 of Decree 49, based on the provisions in Articles 6, 24, 29, 35, and 41 of the Education Law, and the decisions of the Minister of Education and Training on the issuance of educational programs.

3. Determining violations concerning the objects, standards, quotas, and authority to enroll students, examinations, recognition of graduation, assessment of learning outcomes, management, issuance, and use of certificates in the national education system, management of student files, and disciplinary measures for compulsory withdrawal as prescribed in Articles 11, 12, 13, 14, 17, and 20 of Decree 49, based on the provisions of the School Charter, the Regulation on Organization and Operation of Educational Institutions, the Enrollment Regulation, the Graduation Recognition Regulation, the Final Examination Regulation, and the Management, Issuance, and Use of Certificates Regulation in the National Education System.

4. Determining violations concerning teachers, teacher utilization, ensuring the ratio of full-time teachers and lecturers in educational institutions as prescribed in Articles 15 and 16 of Decree 49, based on the provisions in Article 77 of the Education Law, the School Charter, the Regulation on Organization and Operation of Educational Institutions, and other regulatory documents issued by competent state authorities.

5. Determine violations of the provisions on teachers, the use of teachers, and the guarantee of the ratio of full-time teachers and lecturers in educational institutions as stipulated in Articles 15 and 16 of Decree 49, based on the provisions set forth in Article 77 of the Education Law, the School Regulations, the Rules on the Organization and Operation of Educational Institutions, and other regulatory documents issued by competent state agencies.

6. Determine acts violating the regulations on the use of textbooks and educational materials and the supply and use of educational equipment as stipulated in Article 18 of Decree 49, based on the provisions of the Minister of Education and Training regarding the use of textbooks and educational materials and the supply and use of educational equipment.

7. Determine acts violating the regulations on tuition fees and admission fees as stipulated in Article 19 of Decree 49, based on the provisions of Chapter II of Decree No. 106/2003/NĐ-CP dated September 23, 2003 of the Government on administrative penalties for violations related to fees and charges.

8. Determine acts violating the regulations on universal education as stipulated in Article 21 of Decree 49, based on the provisions of Article 11 and Article 12 of the Education Law and other regulatory documents issued by competent state agencies.

III. IMPLEMENTATION

1. Based on Decree 49 and the guidance provided in this Circular, ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees, and centrally-administered city people's committees shall organize and direct schools, educational institutions, individuals, and organizations involved to strictly comply with the relevant regulations when implementing administrative penalties for violations.

2. Administrative fines collected in the field of education must be deposited into the state budget through accounts opened at the State Treasury. The management and use of fine receipts, as well as the collection, deposit, management, and use of administrative fines, shall be carried out in accordance with the provisions of Circular No. 47/2006/TT-BTC dated May 31, 2006 of the Ministry of Finance guiding the implementation of Decree No. 124/2005/NĐ-CP of the Government on fine receipts and the management and use of funds paid as administrative penalties.

3. Management and handling of confiscated assets and means that are incorporated into the state treasury due to administrative violations shall be implemented according to Circular No. 72/2004/TT-BTC dated July 15, 2004 of the Ministry of Finance guiding the management and handling of confiscated assets and means incorporated into the state treasury due to administrative violations, and Circular No. 04/2006/TT-BTC dated January 18, 2006 of the Ministry of Finance amending and supplementing Circular No. 72/2004/TT-BTC of the Ministry of Finance guiding the management and handling of confiscated assets and means incorporated into the state treasury due to administrative violations.

4. The list of model inspection reports, decision forms, and notification forms used in the imposition of administrative penalties in the field of education is specified in the attached appendix to this Circular.

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

6. During implementation, if any difficulties arise, please report them to the Ministry of Education and Training for coordination and resolution./.