Decree No. 73/2006/ND-CP on administrative sanctions for violations in the vocational training sector

 

DECREE

Provisions on administrative penalties for violations in the vocational training sector

_____________________

 

THE GOVERNMENT

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

Based on the Labor Code dated June 23, 1994; Law Amending and Supplementing Certain Articles of the Labor Code dated April 2, 2002;

Pursuant to the Education Law dated June 14, 2005;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002.

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

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation in the vocational training sector, forms of penalty, fines, authority to impose penalties, procedures for imposing penalties, and measures to remedy consequences.

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

Article 2. Applicability

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

2. Foreign individuals or organizations committing administrative violations in the vocational training sector within the territory of Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a member or has signed provide different provisions, such provisions shall apply.

3. Individuals who are minors committing administrative violations in the vocational training sector shall be handled according to the provisions of Clause 1 and Clause 3, Article 7 of the Ordinance on Handling Administrative Violations.

4. Organizations subject to administrative penalties for their own acts of administrative violation must, after executing the penalty decision, identify the individual responsible for causing the administrative violation to determine their legal liability according to the law.

5. For acts violating the civil service system by officials or civil servants while performing assigned tasks in vocational training activities that do not reach the level of criminal prosecution, they shall be disciplined according to the law on officials and civil servants.

Article 3. Principles of Imposition of Sanctions

1. Administrative penalties for violations in the vocational training sector must be carried out promptly, fairly, and thoroughly. Upon discovering an act of administrative violation, there must be an immediate decision to stop the violation; all consequences caused by the act of administrative violation must be remedied according to the relevant legal provisions.

2. Individuals or organizations subject to administrative penalties for violations in the vocational training sector as defined in Chapter II of this Decree. Administrative penalties for violations in the vocational training sector must be conducted by persons with authority as specified in Section I, Chapter III of this Decree in accordance with the law.

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

4. Administrative penalties for violations in the vocational training sector must be based on the nature and degree of the violation, the background of the violator, and mitigating or aggravating circumstances to decide on appropriate forms of penalty, fine amounts, and remedial measures.

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

Article 4. Mitigating Circumstances and Aggravating Circumstances

Mitigating and aggravating circumstances applied in the imposition of administrative penalties for violations as prescribed in Chapter II of this Decree shall be implemented according to the provisions of Article 8 and Article 9 of the Ordinance on Handling Administrative Violations.

Article 5. Statute of Limitations for Administrative Offense Penalties

1. The statute of limitations for administrative offense penalties in the vocational training sector is one year, counted from the date the administrative offense was committed; for administrative offenses related to finance, intellectual property, construction, environment, housing, land, publishing, export, import, exit, and entry, the statute of limitations is two years; if beyond the aforementioned period, no penalty shall be imposed, but measures to remedy consequences shall still be applied according to Clause 3, Article 7 of this Decree.

2. For individuals who have been indicted, prosecuted, or had a case decided to go to trial under criminal proceedings but later received a decision to terminate investigation or terminate the case, if their actions indicate a violation of administrative offenses in the vocational training sector, they will be subject to administrative offense penalties; in such cases, the statute of limitations for administrative offense penalties is three months from the date the competent authority receives the decision to terminate and the case file.

3. Within the time limit specified in Clause 1 and Clause 2 of this Article, if an individual or organization commits a new administrative offense in the vocational training sector or intentionally avoids or delays the penalty process, the statute of limitations mentioned above shall not apply, and the statute of limitations for administrative offense penalties shall be recalculated from the date of committing the new administrative offense or the date when the intentional avoidance or obstruction of the penalty process ends.

Article 6. Time Considered as Not Having Been Subject to Administrative Offense Penalties

An individual or organization that has been subject to administrative offense penalties in the vocational training sector, if within one year from the date of completing the execution of the penalty decision or from the date the statute of limitations for enforcing the penalty decision expires without reoffending, shall be considered as not having been subject to administrative offense penalties.

Article 7. Forms of Penalty and Measures to Remedy Consequences

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

a) Warning;

b) Fine.

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

2. Depending on the nature and degree of the violation, individuals or organizations violating administrative offenses in the vocational training sector may also be subject to one or more supplementary forms of penalty:

a) Revocation of the establishment decision or permission decision, or the registration certificate for operation, with or without a time limit.

b) Confiscation of objects or means used to commit the administrative offense.

c) Expulsion if the violator is a foreigner.

3. In addition to the forms of penalty prescribed in Clause 1 and Clause 2 of this Article, individuals or organizations violating administrative offenses in the vocational training sector may also be subject to one or more measures to remedy consequences as follows:

a) Compel restoration to the original state altered by the administrative offense.

b) Compel suspension or termination of vocational training activities.

c) Compel cancellation of test results or re-evaluation of examination papers.

d) Compel supplementation of content or programs that were cut.

đ) Compel revocation of erroneous decisions contrary to regulations of competent authorities.

e) Compel restoration of educational rights for learners, restoration of legitimate rights and interests of users of certificates and diplomas; refund all amounts collected from learners and bear all costs for remediation due to the consequences caused by the administrative offense.

g) Compel recovery of illegally issued certificates and diplomas.

h) Compel recovery, destruction, or cessation of use of teaching materials and equipment caused by the administrative offense.

i) Compel removal from Vietnam's territory of teaching materials and equipment imported illegally due to the administrative offense.

Chapter II

VIOLATIONS OF ADMINISTRATIVE OFFENSES IN THE VOCATIONAL TRAINING SECTOR, FORMS OF PENALTIES, AND AMOUNTS OF PENALTIES

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

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

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

b) Delaying the registration of vocational training activities or supplementary registration, change of training profession registration with the competent authority from three months to less than six months after the mandatory registration deadline.

c) Operating independent vocational training classes without permission from the competent authority.

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

a) Not returning the certificate of registration for vocational training activities when the competent authority has decided to revoke it.

b) Not notifying the issuing authority of changes to the main office location of the vocational training institution within the province or city, or failing to re-register the vocational training activities when moving the main office to another province or city.

c) Delaying the registration of vocational training activities or supplementary registration, change of training profession registration with the competent authority for six months or more after the mandatory registration deadline.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

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

b) Establishing a vocational training institution that does not comply with the provisions of the decision on establishment, the decision to permit establishment.

c) Reporting false conditions to obtain establishment or the certificate of registration for vocational training activities.

d) Buying, selling, transferring, leasing, lending decisions on establishment, decisions to permit establishment, or certificates of registration for vocational training activities.

4. A fine of VND 10,000,000 to VND 20,000,000 for establishing a vocational college or vocational training center without permission from the competent authority.

5. A fine of VND 20,000,000 to VND 40,000,000 for establishing a vocational university without permission from the competent authority.

6. Additional forms of punishment:

Revoking indefinitely the decision on establishment, the decision to permit establishment, or the certificate of registration for vocational training activities for violations specified in Clause 3 of this Article.

7. Measures to remedy consequences:

a) Suspending operations for vocational training institutions established or operating contrary to the law as stipulated in Clauses 4 and 5 of this Article.

b) Compelling the return of all amounts collected from students and bearing all costs for restitution caused by the violations specified in Clauses 2, 3, 4, and 5 of this Article.

Article 9. Violations concerning the operation of vocational training institutions

1. A fine for failing to comply with the decision to suspend operations or dissolve the vocational training institution issued by the competent authority; continuing operations after the validity period of the certificate of registration for vocational training activities has expired, or ceasing operations without permission causing damage to students, with the following fines:

a) VND 5,000,000 to under VND 10,000,000 for vocational training centers, vocational colleges, or equivalent training institutions.

b) VND 15,000,000 to VND 30,000,000 for vocational universities or higher vocational training institutions.

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

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Organizing vocational training without a certificate of registration for vocational training activities.

b) Conducting vocational training and issuing higher-level vocational certificates than those permitted by the competent authority.

c) Conducting vocational training in professions not permitted by the competent authority.

4. A fine of VND 15,000,000 to VND 20,000,000 for exploiting the name of vocational training or apprenticeship for personal gain, exploiting labor, or enticing, forcing trainees into illegal activities as stipulated in Article 25 of the Labor Code and Article 20 of the Education Law, without reaching the level of criminal prosecution.

5. Additional forms of punishment:

a) Revoking temporarily the decision on establishment, the decision to permit establishment, or the certificate of registration for vocational training activities for violations specified in Clauses 2 and 3 of this Article.

b) Revoking indefinitely the decision on establishment, the decision to permit establishment, or the certificate of registration for vocational training activities for violations specified in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling the return of all amounts collected from students and bearing all costs for restitution for violations specified in Clause 1 and revoking illegally issued certificates as specified in Clauses 2 and 3 of this Article.

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

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

1. Warning or imposing a fine for the act of teaching less than the prescribed number of class hours or knowledge content (converted into class hours), as stipulated in each integrated learning unit combining theory and practice aimed at enabling learners to have practical skills for a job in a trade (hereinafter referred to as a module) or subject, with the following levels of fines:

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

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

c) Imposing a fine from VND 500,000 to VND 1,000,000 when the violation is between 11% and 15% of the prescribed class hours for each subject or module;

d) Imposing a fine from VND 1,000,000 to VND 2,000,000 when the violation is between 16% and 20% of the prescribed class hours for each subject or module;

đ) Imposing a fine from VND 2,000,000 to VND 3,000,000 when the violation exceeds 21% of the prescribed class hours for each subject or module.

2. Imposing a fine from VND 1,000,000 to VND 2,000,000 for the act of teaching or disseminating content outside the curriculum or textbook with the aim of distorting vocational training content but not reaching the level of criminal prosecution.

3. Imposing a fine from VND 3,000,000 to VND 5,000,000 for the act of violating the conditions for implementing modules as prescribed in the modular vocational training program.

4. Additional forms of administrative punishment:

a) Seizing the evidence for the act prescribed in Clause 2 of this Article;

b) Revoking the right to use the registration activity certificate for a period of three to six months if it is the first violation, and revoking the right to use without a time limit if it is the second or subsequent violations for the act prescribed in Clause 2 of this Article;

c) Expelling if the violator is a foreigner for the act prescribed in Clause 2 of this Article.

5. Measures to remedy consequences:

a) Compelling the completion of the parts of the program that were cut for the act prescribed in Clause 1 of this Article;

b) Compelling the suspension of teaching activities for individuals who commit the acts prescribed in Clauses 2 and 3 of this Article.

Article 11. Violation of regulations on admission objects, standards, quantity, and authority to admit students

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

2. Warning or imposing a fine for the act of violating regulations on admission objects and standards for primary vocational training with the following levels of fines:

a) Warning when admitting the wrong object or standard for 10 to 20 learners;

b) Imposing a fine from VND 200,000 to VND 500,000 when admitting the wrong object or standard for 21 to 30 learners;

c) Imposing a fine from VND 1,000,000 to VND 2,000,000 when admitting the wrong object or standard for 31 to 40 learners;

d) Imposing a fine from VND 3,000,000 to VND 5,000,000 when admitting the wrong object or standard for 41 learners or more.

3. Warning or imposing a fine for the act of violating regulations on quantity, admission objects, and standards for intermediate vocational training with the following levels of fines:

a) Warning when exceeding the assigned admission quota by 5 to under 10% or admitting the wrong object or standard for 5 to 9 learners;

b) Imposing a fine from VND 200,000 to VND 500,000 when exceeding the assigned admission quota by 10% to under 15% or admitting the wrong object or standard for 10 to 20 learners;

c) Imposing a fine from VND 1,000,000 to VND 2,000,000 when exceeding the assigned admission quota by 15% to under 20% or admitting the wrong object or standard for 21 to 30 learners;

d) Imposing a fine from VND 3,000,000 to VND 5,000,000 when exceeding the assigned admission quota by 21% to under 25% or admitting the wrong object or standard for 31 to 40 learners;

đ) Imposing a fine from VND 6,000,000 to VND 10,000,000 when exceeding the assigned admission quota by over 25% or admitting the wrong object or standard for 41 learners or more.

4. Warning or imposing a fine for the act of violating regulations on quantity, admission objects, and standards for higher vocational training with the following levels of fines:

a) Warning when exceeding the assigned admission quota by less than 5%;

b) Imposing a fine from VND 2,000,000 to VND 5,000,000 when exceeding the assigned admission quota by 5% to under 10% or admitting the wrong object or standard for fewer than 10 learners;

c) Imposing a fine from VND 5,000,000 to VND 10,000,000 when exceeding the assigned admission quota by 10% to under 15% or admitting the wrong object or standard for 10 to 20 learners;

d) Imposing a fine from VND 10,000,000 to VND 20,000,000 when exceeding the assigned admission quota by 15% to under 20% or admitting the wrong object or standard for 21 to 30 learners;

đ) Imposing a fine from VND 20,000,000 to VND 40,000,000 when exceeding the assigned admission quota by 20% to under 25% or admitting the wrong object or standard for 31 to 40 learners;

e) Imposing a fine from VND 40,000,000 to VND 60,000,000 when exceeding the assigned admission quota by over 25% or admitting the wrong object or standard for 41 learners or more.

5. Imposing a fine for the act of violating state regulations on admissions for training abroad or at vocational training institutions with foreign elements operating in Vietnam, at a rate of VND 1,500,000 to VND 2,000,000 per learner admitted incorrectly, but the maximum fine shall not exceed VND 60,000,000.

6. Imposing a fine from VND 5,000,000 to VND 10,000,000 for the act of announcing admissions before obtaining permission from the competent authority.

7. Imposing a fine from VND 10,000,000 to VND 20,000,000 for the act of receiving applications, organizing exams, or conducting admissions before obtaining permission from the competent authority.

8. Additional forms of punishment:

a) Revoking the right to use the registration activity certificate for a period of three to six months if it is the first violation and revoking the right to use without a time limit if it is the second or subsequent violations for the acts prescribed in Clauses 2, 3, 4, and 5 of this Article;

b) Seizing falsified application files to obtain admission for the act prescribed in Clause 1 of this Article.

9. Remedial measures:

a) Order the cancellation of the admission results and decisions contrary to the law for the acts specified in Clauses 2, 3, 4, and 5 of this Article;

b) Order the refund of all amounts collected from students and bear all costs for the refund for the acts specified in Clauses 2, 3, 4, 5, 6, and 7 of this Article.

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

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on acts of causing disturbances or threatening to use violence to obstruct the examination managers, invigilators, graders, or service providers in performing their duties.

2. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on acts of using violence to obstruct the examination managers, invigilators, graders, or service providers in performing their duties but not reaching the level requiring criminal prosecution.

3. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on one of the following acts:

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

b) Illegally transferring materials, information, or equipment into the examination room for candidates;

c) Revealing the secret number of the examination paper.

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

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

a) Issuing a decision to establish an organizational structure or assigning staff to undertake examination work contrary to the regulations applicable to the examination period;

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

c) Grading examination admission or graduation papers incorrectly according to the answers or grading scale;

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

6. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on the act of adding to or altering candidates' examination papers.

7. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of revealing the secret of the examination questions or losing the examination questions but not reaching the level requiring criminal prosecution.

8. Additional forms of punishment:

Confiscate the objects and means used to commit violations specified in Clauses 3, 4, 6, and 7 of this Article.

9. Remedial measures:

a) Order the restoration of the original state that was altered for the acts specified in Clause 4, Point d Clause 5, and Clause 6 of this Article;

b) Order the cancellation of the examination results for subjects for candidates who committed the acts specified in Clause 1, Clause 2, and those who benefited from the acts specified in Clauses 3, 4, 6, and 7 of this Article;

c) Order the re-grading of examination papers for the acts specified in Point c Clause 5 of this Article.

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

1. A warning or a fine of VND 300,000 to VND 500,000 shall be imposed on acts of failing to fully implement the regulations of competent authorities regarding evaluation, leading to distortion in the classification of learning outcomes of subjects, study units, semesters, or academic years.

2. Measures to remedy consequences:

Order the correction of errors in the classification of learning outcomes of learners for the acts specified in Clause 1 of this Article.

Article 14. Violations concerning the management, issuance, and use of vocational certificates and diplomas

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

a) Failing to perform the responsibility of issuing, certifying copies, or confirming the legality of issued vocational certificates and diplomas;

b) Issuing vocational certificates and diplomas with incorrect content, causing obstacles for the recipients.

2. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of using illegal vocational certificates and diplomas.

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

a) Failing to establish or establishing incomplete files serving as the basis for issuing and managing vocational certificates and diplomas as prescribed;

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

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

a) Borrowing certificate forms or vocational diploma forms;

b) Issuing vocational certificates and diplomas illegally;

c) Abusing positions, powers, or being negligent leading to the illegal issuance of vocational certificates and diplomas but not reaching the level requiring criminal prosecution;

d) Destroying or distorting files or ledgers serving as the basis for issuing or confirming the legality of vocational certificates and diplomas but not reaching the level requiring criminal prosecution;

đ) Using models of vocational certificates and diplomas contrary to regulations.

5. Additional forms of punishment:

Suspend the right to use the registration activity certificate for a period of three to six months if there is a second violation, and suspend the right indefinitely if the violation continues to occur for the acts specified in Clause 3, Clause 4 of this Article.

6. Measures to remedy consequences:

a) Revoke vocational certificates and diplomas for the acts specified in Point b Clause 1, Clause 2, Points b and c Clause 4 of this Article;

b) Order the restoration of the legitimate rights and interests of users of vocational certificates and diplomas for the acts specified in Clause 1 of this Article.

Article 15. Violation of regulations on the use of teachers

1. A fine of VND 2,000,000 to VND 3,000,000 for the act of not signing a labor contract or signing a labor contract that does not comply with regulations with contractual teachers, lecturers, visiting teachers.

2. A fine for the act of using teachers, lecturers who do not meet the prescribed standards as follows:

a) A fine of VND 3,000,000 to VND 4,000,000 for the act of using vocational school teachers, vocational training center teachers who do not meet the standards.

b) A fine of VND 5,000,000 to VND 10,000,000 for the act of using college vocational lecturers who do not meet the standards.

3. A fine of VND 3,000,000 to VND 5,000,000 for the act of using teachers, lecturers teaching beyond the permitted standard hours as stipulated in Article 69 of the Labor Code amended and supplemented.

4. Measures to remedy consequences:

a) Order to properly and fully conclude labor contracts with contractual teachers, lecturers, visiting teachers in accordance with regulations;

b) Order to suspend teaching activities for teachers, lecturers who do not meet the standards in vocational training institutions as stipulated in Clause 2 of this Article.

Article 16. Violation of regulations on ensuring the ratio of permanent teachers, lecturers in vocational training institutions

1. A fine for violations of regulations on ensuring the ratio of permanent teachers, lecturers over the total number of teachers as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 for failing to ensure the ratio of permanent teachers of vocational secondary schools, vocational training centers.

b) A fine of VND 10,000,000 to VND 15,000,000 for failing to ensure the ratio of permanent lecturers of vocational college schools.

2. Additional forms of punishment:

Suspension of the right to use the registration certificate for vocational training activities for a period of three to six months if the violation is repeated as provided in Clause 1 of this Article.

Article 17. Violation of regulations on the use of textbooks, materials for vocational training and the purchase and use of vocational training equipment

1. A fine of VND 1,000,000 to VND 5,000,000 for the act of purchasing, accepting gifts and putting into use textbooks, materials for vocational training, vocational training equipment contrary to regulations, not meeting quality requirements, adversely affecting teaching and learning.

2. Measures to remedy consequences:

a) Order to stop using, destroy or recover textbooks, materials for vocational training, vocational training equipment as provided in Clause 1 of this Article;

b) Order to remove from Vietnam or destroy textbooks, materials for vocational training, vocational training equipment for the act provided in Clause 1 of this Article of foreign-invested vocational training institutions operating in Vietnam.

Article 18. Violation of regulations on payment of wages to apprentices, trainees, tuition fees, service charges and other income from students

1. A fine for violations of regulations on payment of wages to apprentices, trainees not in accordance with Clause 2 of Article 23 of the Labor Code as amended and supplemented as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 when the violation involves less than ten apprentices, trainees;

b) A fine of VND 2,000,000 to VND 5,000,000 when the violation involves eleven to fifty apprentices, trainees;

c) A fine of VND 5,000,000 to VND 10,000,000 when the violation involves fifty-one to one hundred apprentices, trainees;

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

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

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

3. Measures to remedy consequences:

Order to return to apprentices, trainees any outstanding wages owed (if any) and bear all costs of repayment for the violation provided in Clause 1 of this Article.

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

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

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

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

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

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

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

2. Measures to remedy consequences:

Compel compliance with the full and correct conclusion of vocational training contracts as prescribed.

Article 20. Violation of provisions on joint training and vocational upgrading

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of accepting joint training in fields or trades not within the scope permitted for training as recorded in the certificate of registration for operation or accepting joint training beyond the capacity to ensure classrooms, teaching facilities, and equipment.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of accepting joint training without signing a joint training agreement or with an agreement containing incorrect authority and responsibilities of the parties involved as prescribed by law.

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

a) Accepting joint training without permission from the competent authority;

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

4. Additional forms of administrative punishment:

Suspend the right to use the certificate of registration for training activities for a period of three to six months if there is a repeat offense under Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences:

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

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

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

Article 21. Violation of provisions on management of trainee records

1. A warning or a fine shall be imposed for negligence in management leading to unauthorized alteration of grade sheets, trainee records, or evaluation materials related to learning outcomes, causing consequences, with the following levels of fines:

a) A warning or a fine of VND 100,000 to VND 200,000 when the violation affects one to two trainees;

b) A fine of VND 300,000 to VND 500,000 when the violation affects three to five trainees;

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

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for failing to establish or establishing incomplete records and ledgers for managing trainees as prescribed by the school charter or center operational regulations.

3. Measures to remedy consequences:

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

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

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

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

a) Warning or imposing a fine from VND 200,000 to VND 500,000 when violating with respect to one to two students;

b) Imposing a fine from VND 500,000 to VND 1,000,000 when violating with respect to three to five students;

c) Imposing a fine from VND 1,000,000 to VND 2,000,000 when violating with respect to six to ten students;

d) Imposing a fine from VND 2,000,000 to VND 3,000,000 when violating with respect to eleven or more students.

2. Measures to remedy consequences:

Ordering the cancellation of incorrect decisions and restoring the right to study for students in cases stipulated in Clause 1 of this Article.

Article 23. Violation of provisions on vocational counseling activities

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

1. Organizing vocational counseling activities without registering with the competent authority;

2. Failing to notify the issuing authority of changes in the main office location or opening additional branches within the province or city, or failing to re-register vocational counseling activities when moving the main office to another province or city.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Section 1: AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS

Article 24. Authority to impose administrative sanctions in the field of vocational training of Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee of districts, counties, towns, and cities under provinces (hereinafter referred to collectively as district level) has the authority to impose administrative sanctions on organizations and individuals under their management when violating the provisions of Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Applying supplementary administrative sanctions as provided for in point a and b of Clause 2, Article 7 of this Decree;

d) Applying remedial measures as provided for in points a, b, and đ of Clause 3, Article 7 of this Decree.

2. The Chairperson of the People's Committee of provinces and centrally-administered cities (hereinafter referred to collectively as provincial level) has the authority to impose sanctions on organizations and individuals under their management when violating the provisions of Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Imposing a fine up to the maximum amount for each violation of the provisions of Chapter II of this Decree;

c) Applying supplementary administrative sanctions as provided for in point a and b of Clause 2, Article 7 of this Decree;

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

Article 25. Authority to impose administrative sanctions in the field of vocational training of specialized inspectors in vocational training

1. Vocational training inspectors performing official duties have the authority to impose sanctions as provided for in Clause 1, Article 38 of the Administrative Violations Handling Ordinance on administrative violations stipulated in Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Imposing a fine up to VND 200,000;

c) Confiscating objects and means used for administrative violations in the field of vocational training with a value up to VND 2,000,000;

d) Applying remedial measures as provided for in point a and h of Clause 3, Article 7 of this Decree.

2. The Chief Inspector of the Department of Labor, Invalids, and Social Affairs has the authority to impose sanctions as provided for in Clause 2, Article 38 of the Administrative Violations Handling Ordinance on administrative violations stipulated in Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Applying supplementary administrative sanctions as provided for in point a and b of Clause 2, Article 7 of this Decree;

d) Applying remedial measures as provided for in point a and h of Clause 3, Article 7 of this Decree.

3. The Chief Inspector of the Ministry of Labor, Invalids, and Social Affairs, and the Chief Inspector of the General Department of Vocational Training have the authority to impose sanctions as provided for in Clause 3, Article 38 of the Administrative Violations Handling Ordinance to impose administrative sanctions on administrative violations stipulated in Chapter II of this Decree with the following forms and measures:

a) To issue warnings;

b) Imposing a fine up to the maximum amount corresponding to each violation of the provisions of Chapter II of this Decree;

c) Applying supplementary administrative sanctions as provided for in point a and b of Clause 2, Article 7 of this Decree;

d) Applying remedial measures as provided for in point a and h of Clause 3, Article 7 of this Decree.

Article 26. Delegation of Administrative Offense Penalty Authority in the Field of Vocational Training

In cases where the authorized person to impose administrative penalties in the field of vocational training as stipulated in Article 24 and Clause 2, Clause 3 of Article 25 of this Decree is absent, the deputy authorized to handle administrative violations shall have the authority to process such violations and shall be responsible for their decisions.

Article 27. Principles for Determining the Authority to Impose Administrative Penalties in the Field of Vocational Training

1. For acts of administrative violations in the field of vocational training within the jurisdiction of multiple persons or state management agencies, the penalty shall be carried out by the first person or agency to handle the case.

2. The authority to impose penalties of those persons specified in Article 24 and Article 25 of this Decree is the authority over a single act of administrative violation. In cases of fines, the authority to impose penalties is determined based on the maximum amount of the fine prescribed for each specific act of violation.

3. In cases where individuals or organizations commit multiple acts of administrative violations simultaneously, the authority to impose penalties shall be determined according to the principle stipulated in Clause 3 of Article 42 of the Administrative Violation Handling Ordinance.

4. The authority to deport foreign nationals who violate administrative regulations in the field of vocational training is provided for in Clause 1 of Article 17 of Government Decree No. 21/2001/NĐ-CP dated May 28, 2001 detailing the implementation of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam.

5. In cases where violations of laws on vocational training indicate criminal offenses, the file must be immediately transferred to the competent authority for resolution as stipulated in Article 62 of the Administrative Violation Handling Ordinance.

Section 2: PROCEDURES FOR IMPOSING PENALTIES

Article 28. Procedures for Imposing Administrative Penalties in the Field of Vocational Training

1. The procedures for drafting records and issuing penalty decisions must comply with the provisions of Articles 19, 20, and 21 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing certain provisions of the Administrative Violation Handling Ordinance.

2. The procedures for imposing fines, collecting fines, and managing fine revenues shall be implemented in accordance with the provisions of Articles 24 and 25 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing certain provisions of the Administrative Violation Handling Ordinance.

3. The procedures for revoking the decision to establish, permission to establish, and certificate of registration for activities shall be implemented in accordance with the provisions of Article 59 of the Administrative Violation Handling Ordinance and Article 11 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing certain provisions of the Administrative Violation Handling Ordinance.

4. The procedures for confiscating and handling contraband items and means of transportation involved in administrative violations in the field of vocational training shall be implemented in accordance with Articles 60 and 61 of the Administrative Violation Handling Ordinance and Article 31 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing certain provisions of the Administrative Violation Handling Ordinance.

Article 29. Decision on Administrative Penalties in the Field of Vocational Training

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

2. The penalty decision takes effect from the date of signature, except in cases where the penalty decision specifies a different effective date.

Article 30. Enforcement of Administrative Sanction Decisions in the Field of Vocational Training

1. Individuals and organizations violating administrative regulations in the field of vocational training must enforce the sanction decision within ten days from the date they receive the sanction decision, except for cases stipulated in Article 65 of the Administrative Violation Handling Ordinance. The method of calculating the time limit is specified in Article 9 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain provisions of the Administrative Violation Handling Ordinance.

2. Individuals and organizations violating administrative regulations in the field of vocational training who do not voluntarily comply shall be subject to compulsory enforcement. Individuals and organizations subject to compulsory enforcement must bear all costs associated with organizing the implementation of coercive measures. Procedures for compulsory enforcement are provided for in Articles 66 and 67 of the Administrative Violation Handling Ordinance.

Chapter IV

COMPLAINTS, REPORTS AND VIOLATION HANDLING

Article 31. Complaints, Reports and Resolution of Complaints and Reports

1. Individuals, organizations, or their lawful representatives have the right to complain about decisions on sanctions, decisions applying preventive measures and ensuring the enforcement of administrative sanctions in the field of vocational training made by authorized persons as stipulated in Articles 24, 25, and 26 of this Decree. Complaint procedures and resolution of complaints are carried out according to the provisions of Article 118 of the Administrative Violation Handling Ordinance. Competence and deadlines for complaints and complaint resolution are applied according to the laws on complaints and reports. A complaint against an administrative violation sanction decision does not suspend the enforcement of the administrative sanction decision in the field of vocational training.

2. Individuals have the right to report to state agencies with authority any administrative violations in the field of vocational training committed by other individuals or organizations; report illegal acts in handling administrative violations in the field of vocational training by sanctioning authorities. Authority, deadlines, and procedures for resolving reports are governed by the laws on complaints and reports.

Article 32. Handling Violations Against Authorized Persons Imposing Administrative Sanctions in the Field of Vocational Training

Authorized persons imposing administrative sanctions in the field of vocational training who harass, tolerate, cover up, fail to handle, or handle improperly, beyond their authority, shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Article 33. Handling Violations Against Individuals Subject to Administrative Sanctions in the Field of Vocational Training

Individuals subject to administrative sanctions in the field of vocational training who commit acts of resisting law enforcement officers, delaying, evading compliance, or committing other violations shall be subject to administrative sanctions or criminal responsibility depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 34. Effective Date

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

2. Abolish Article 9 of Decree No. 113/2004/NĐ-CP dated April 16, 2004, of the Government on administrative sanctions for violations of labor laws.

3. All other provisions on administrative sanctions for violations in the field of vocational training that conflict with this Decree are abolished.

Article 35. Responsibilities for guidance and implementation

The Minister of Labor, War Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree./.