Decree No. 79/2015/ND-CP on administrative sanctions for violations in the vocational education sector

 DECREE

Regulations on Administrative Sanctions for Violations in the Field of Vocational Education

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of Law on Handling Administrative Violations dated June 20, 2012;

On the basis of Labor Law dated November 16, 2013;

On the basis of The Vocational Education Law dated November 27, 2014;

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

The Government promulgates this Decree to regulate administrative sanctions for violations in the field of vocational education and national skill certification.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of violation, forms of sanction, levels of sanction, measures to remedy consequences, authority to issue administrative violation reports, and authority to impose sanctions for administrative violations in the field of vocational education and national skill certification.

Article 2. Applicability

1. Vietnamese organizations and individuals; foreign organizations and individuals who commit administrative violations in the field of vocational education and national skill certification within the territory of Vietnam.

2. Individuals and organizations with related authority to issue administrative violation reports and impose sanctions, and other relevant individuals and organizations.

3. This Decree does not apply to civil servants, public officials, and employees who commit administrative violations while performing their official duties or assigned tasks, and state agencies that commit administrative violations within their assigned state management responsibilities.

4. The provisions at Point b, Clause 7, Article 25 of this Decree shall not be applied to impose administrative sanctions on press agencies.

Administrative sanctions against press agencies shall be carried out according to Article 8 of Decree No. 159/2013/NĐ-CP dated November 12, 2013, issued by the Government, regarding administrative sanctions in the fields of journalism and publishing.

Article 3. Measures to remedy consequences

In addition to the remedial measures prescribed in Points a, b, c, d, đ, e, g, h, and i, Clause 1, Article 28 of the Law on Handling Administrative Violations, individuals and organizations committing administrative violations in the field of vocational education may also be subject to one or more remedial measures prescribed in Clause 4, Article 5; Clause 9, Article 6; Clause 2, Article 7; Clause 7, Article 8; Clause 5, Article 9; Clause 8, Article 10; Clause 2, Article 11; Clause 5, Article 12; Clause 2, Article 13; Clause 2, Article 14; Clause 8, Article 15; Clause 6, Article 16; Clause 7, Article 17; Clause 3, Article 18; Clause 2, Article 19; Clause 2, Article 20; Clause 3, Article 21; Clause 2, Article 22; Clause 2, Article 23; Clause 5, Article 24; Clause 9, Article 25; Clause 7, Article 26; Clause 3, Article 27; and Clause 3, Article 28 of this Decree.

Article 4. Provisions on fines for individuals and organizations

1. The maximum fine level in the field of vocational education for individuals is 75,000,000 VND, and for organizations is 150,000,000 VND.

2. The fine levels prescribed in Chapter II of this Decree apply to organizations, except for the fine levels prescribed in Clause 1 and Clause 2, Article 8; Clause 1, Points a, b, c, d, đ, Clause 2, Clause 3, Clause 4, and Clause 5, Article 15; Clauses 2, 3, 4, and 5, Article 17; Clause 1, Article 24; Clauses 1, 2, and 6, Article 25; Clause 1, Clause 2, and Point a, Clause 4, Article 26 of this Decree, which are fine levels applicable to individuals.

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

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

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

Section 1

ACTS OF VIOLATION REGARDING THE ESTABLISHMENT OF VOCATIONAL EDUCATION INSTITUTIONS

QUALITY CONTROL ORGANIZATIONS FOR VOCATIONAL EDUCATION

AND ORGANIZATIONS CONDUCTING VOCATIONAL EDUCATION ACTIVITIES

Article 5. Violations concerning the establishment and permission to establish vocational education institutions; organizing quality assessment of vocational education

1. A fine of VND 3,000,000 to VND 5,000,000 for the act of not returning the establishment decision or permission decision according to the revocation decision of the competent authority.

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

a) Erasing, deleting, altering the content of the establishment decision or permission decision;

b) Fraudulently falsifying documents to obtain establishment or permission for vocational education institutions or quality assessment organizations.

3. A fine for the act of establishing vocational education institutions or quality assessment organizations without permission from the competent authority shall be imposed at one of the following levels:

a) VND 40,000,000 to VND 60,000,000 for vocational training centers or quality assessment organizations;

b) VND 60,000,000 to VND 80,000,000 for secondary vocational schools;

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

4. Measures to remedy consequences:

a) Revoking the establishment decision or permission decision for vocational education institutions or quality assessment organizations for violations stipulated in Point a Clause 2 of this Article;

b) Compelling the cancellation of the establishment decision or permission decision for vocational education institutions or quality assessment organizations for violations stipulated in Point b Clause 2 of this Article;

c) Compelling the return of illegal profits obtained through the implementation of violations stipulated in Point b Clause 2 and Clause 3 of this Article to the state budget;

d) Compelling the refund of collected amounts to organizations or individuals; if the organization or individual cannot be identified, then the amount must be paid into the state budget for violations stipulated in Point b Clause 2 and Clause 3 of this Article;

đ) Compelling the transfer of eligible admitted students to another vocational education institution or canceling the admission decision and refunding the collected fees to the student if the transfer is not possible for violations stipulated in Point b Clause 2 and Clause 3 of this Article;

e) Compelling the recovery of issued certificates, diplomas, and quality assessment certifications for violations stipulated in Clause 3 of this Article.

Article 6. Violations concerning registration for vocational education activities

1. A fine of VND 5,000,000 to VND 10,000,000 for the act of not returning the certificate of registration for vocational education activities or supplementary registration for vocational education activities within the time limit specified in the revocation decision of the competent authority.

2. A fine of VND 10,000,000 to VND 20,000,000 for the act of erasing, deleting, altering the content of the certificate of registration for vocational education activities or supplementary registration for vocational education activities.

3. A fine for the act of conducting vocational education activities outside the location recorded in the certificate of registration for vocational education activities or supplementary registration for vocational education activities shall be imposed at one of the following levels:

a) VND 5,000,000 to VND 10,000,000 for vocational training centers;

b) VND 10,000,000 to VND 20,000,000 for secondary vocational schools;

c) VND 20,000,000 to VND 30,000,000 for college-level vocational schools.

4. A fine for the act of fraudulently falsifying documents in the registration application for vocational education activities.

a) VND 5,000,000 to VND 10,000,000 for vocational training centers;

b) VND 10,000,000 to VND 20,000,000 for secondary vocational schools;

c) VND 20,000,000 to VND 30,000,000 for college-level vocational schools.

5. A fine for the act of not registering supplementary activities for vocational education when increasing the enrollment scale of each specialty or trade beyond the scale recorded in the certificate of registration for vocational education activities shall be imposed at one of the following levels:

a) VND 10,000,000 to VND 20,000,000 for violations ranging from 10% to less than 20%;

b) VND 20,000,000 to VND 30,000,000 for violations ranging from 20% to less than 30%;

c) VND 30,000,000 to VND 40,000,000 for violations ranging from 30% to less than 40%;

d) VND 40,000,000 to VND 50,000,000 for violations of 40% or more.

6. A fine of VND 50,000,000 to VND 70,000,000 for the act of not registering for vocational education activities in one of the following cases:

a) Adding specialties or trades for training or educational levels;

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

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

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

đ) Establishing a new branch or training facility;

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

7. A fine for the act of enrolling students and organizing training before obtaining the certificate of registration for vocational education activities from the competent state authority shall be imposed at one of the following levels:

a) VND 40,000,000 to VND 60,000,000 for vocational training centers;

b) VND 60,000,000 to VND 80,000,000 for secondary vocational schools;

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

8. Additional sanctions: Suspension of vocational education activities for one to three months for violations stipulated in Clause 7 of this Article.

9. Remedial measures:

a) Compelling the return of the certificate of registration for vocational education activities or supplementary registration for vocational education activities for violations stipulated in Clause 1 of this Article;

b) Compelling the return of illegal profits obtained through the implementation of violations stipulated in Clause 2 of this Article to the state budget;

c) Compelling the restoration of learning rights for students and refunding collected amounts to students for violations stipulated in Clause 4 and Clause 7 of this Article; if the student cannot be identified, then the amount must be paid into the state budget;

d) Compelling the transfer of students back to the permitted location for vocational education activities for violations stipulated in Clause 3 of this Article;

đ) Compelling the recovery and destruction of the certificate of registration for vocational education activities or supplementary registration for vocational education activities for violations stipulated in Clause 4 of this Article.

Article 7. Violation of regulations on organizational and operational rules of vocational education institutions

1. A fine shall be imposed for the act of not promulgating the organizational and operational rules of vocational education institutions at one of the following levels:

a) From VND 3,000,000 to VND 5,000,000 for vocational education centers;

b) From VND 5,000,000 to VND 10,000,000 for secondary vocational schools;

c) From VND 10,000,000 to VND 15,000,000 for college-level institutions.

2. Measures to remedy consequences: Compel the promulgation of the organizational and operational rules of vocational education institutions for violations stipulated in Clause 1 of this Article.

Section 2

VIOLATIONS OF REGULATIONS ON ENROLLMENT

Article 8. Violations of regulations on enrollment training

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

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

3. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of announcing enrollment without providing complete information as required or failing to implement the announced enrollment announcement.

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of violating regulations on criteria for determining enrollment quotas.

5. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of announcing enrollment through any form before obtaining the registration certificate for vocational education activities from the competent state authority.

6. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of accepting applications, organizing exams, or conducting admissions before obtaining the registration certificate for vocational education activities from the competent state authority.

7. Measures to remedy consequences:

a) Compel the cancellation of admission results or admission decisions for violations stipulated in Clause 6 of this Article;

b) Compel the refund of all collected fees to students for violations stipulated in Clause 6 of this Article; if the students cannot be identified, the funds shall be deposited into the state budget;

c) Compel public announcement of the cessation of enrollment through mass media for violations stipulated in Clauses 5 and 6 of this Article.

Article 9. Violations of regulations on enrollment targets

1. A fine shall be imposed for the act of enrolling incorrect target groups at the primary level at one of the following levels:

a) From VND 300,000 to VND 500,000 for enrolling less than ten students incorrectly;

b) From VND 500,000 to VND 2,000,000 for enrolling between ten and less than twenty students incorrectly;

c) From VND 2,000,000 to VND 5,000,000 for enrolling twenty or more students incorrectly.

2. A fine shall be imposed for the act of enrolling incorrect target groups at the intermediate level at one of the following levels:

a) From VND 2,000,000 to VND 5,000,000 for enrolling less than ten students incorrectly;

b) From VND 5,000,000 to VND 10,000,000 for enrolling between ten and less than twenty students incorrectly;

c) From VND 10,000,000 to VND 20,000,000 for enrolling twenty or more students incorrectly.

3. A fine shall be imposed for the act of enrolling incorrect target groups at the college level at one of the following levels:

a) From VND 5,000,000 to VND 10,000,000 for enrolling less than ten students incorrectly;

b) From VND 10,000,000 to VND 20,000,000 for enrolling between ten and less than twenty students incorrectly;

c) From VND 20,000,000 to VND 30,000,000 for enrolling twenty or more students incorrectly.

4. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not complying with the provisions of the enrollment regulation.

5. Measures to remedy consequences: Compel the cancellation of admission decisions, return the collected fees to students, and bear all costs of refunds for violations stipulated in Clauses 1, 2, and 3 of this Article; if the students cannot be identified, the funds shall be deposited into the state budget.

Section 3

VIOLATIONS OF REGULATIONS ON TRAINING PROGRAMS; CLASS SIZES; INTERCONNECTED AND LINKED TRAINING

QUALIFICATIONS; CLASS SIZE; INTERCONNECTED AND LINKED TRAINING

Article 10. Violation of training program regulations

1. A fine shall be imposed for the act of not teaching the required number of hours as stipulated in the training program of a subject or module at one of the following levels:

a) VND 300,000 to VND 500,000 for violations under 5% of the required teaching hours;

b) VND 500,000 to VND 1,000,000 for violations from 5% to under 10% of the required teaching hours;

c) VND 1,000,000 to VND 3,000,000 for violations from 10% to under 15% of the required teaching hours;

d) VND 3,000,000 to VND 5,000,000 for violations from 15% to under 20% of the required teaching hours;

đ) VND 5,000,000 to VND 10,000,000 for violations of 20% or more of the required teaching hours.

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

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

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

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for failure to comply with the regulations on procedures for organizing, developing, reviewing, and issuing training programs.

4. A fine shall be imposed for the act of issuing a training program that does not conform to the objectives, scope, and content structure of the training program at one of the following levels:

a) VND 10,000,000 to VND 15,000,000 for vocational education centers;

b) VND 15,000,000 to VND 20,000,000 for junior colleges;

c) VND 20,000,000 to VND 25,000,000 for colleges.

5. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of arbitrarily adding, reducing course content or modules or failing to organize the defense of graduation projects as prescribed in the vocational education program.

6. A fine of VND 10,000,000 to VND 20,000,000 or suspension of training activities for six to twelve months shall be imposed for organizing vocational education activities outside the prescribed training duration or form for foreign vocational education programs.

7. A fine of VND 20,000,000 to VND 30,000,000 or suspension of training activities for six to twelve months shall be imposed for teaching foreign vocational education programs not in accordance with the program in the application for vocational education activities.

8. Measures to remedy consequences:

a) Order to establish a training schedule, training plan, teacher and lecturer plan and use the prescribed forms and records for managing teaching and learning activities for violations as stipulated in Clause 2 of this Article;

b) Order to redevelop the vocational education program for violations as stipulated in Clause 4 of this Article;

c) Order to make up for the missing teaching hours and organize the defense of graduation projects for violations as stipulated in Clause 1 and Clause 5 of this Article;

d) Order to transfer eligible admitted students to another vocational education institution or revoke the admission decision and refund the fees to the students if they cannot be transferred to another vocational education institution for violations as stipulated in Clause 6 and Clause 7 of this Article leading to suspension of training activities.

Article 11. Violation of class size regulations

1. A fine shall be imposed for the act of arranging the number of trainees, students in a class exceeding the prescribed limit at one of the following levels:

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

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

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

2. Measures to remedy consequences: Order to arrange the number of trainees, students in a class in compliance with the regulations for violations as stipulated in Clause 1 of this Article.

Article 12. Violations concerning interconnection and linkage training in vocational education

1. A fine shall be imposed on violations of regulations on interconnection training between different levels in vocational education with one of the following amounts:

a) From VND 10,000,000 to VND 20,000,000 for organizing interconnection training without meeting the required conditions as prescribed;

b) From VND 30,000,000 to VND 40,000,000 for organizing interconnection training in fields or trades or training levels without prior approval from the competent authority.

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

a) Using foreign training programs that have not been recognized by the competent authority regarding quality;

b) Not providing information or providing incomplete information on the website of the linked institution about the joint training program, the partner institution, the location of training, the form of training, the duration of training, tuition fees, training costs, and the responsibilities of the parties involved in the linkage.

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

a) Linking training with a foreign educational institution without being certified by a quality assessment organization or recognized by the competent authority regarding quality;

b) Linking training with a foreign educational institution in fields or trades not included in the list of fields or trades allowed for investment cooperation in the field of vocational education in Vietnam;

c) Linking training without permission from the competent state authority;

d) Linking training without ensuring the conditions for classrooms, facilities, training equipment, and teaching staff as prescribed;

đ) Linking training without signing a joint training agreement or signing such an agreement after training has already commenced;

e) Linking training with organizations or individuals who lack the legal status to organize vocational education activities.

4. Additional forms of punishment: The competent state authority shall propose suspending the joint training activities in vocational education for a period of from one to three months for violations stipulated in Point a Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel the transfer of eligible students who have enrolled to another vocational education institution or revoke their admission decision and refund all collected fees for violations stipulated in Clause 1, Point a Clause 2 and Clause 3 of this Article; if the students cannot be identified for refund, then deposit the amount into the state budget and bear all refund-related expenses;

b) Compel the provision of complete and accurate information related to joint training programs in vocational education for violations stipulated in Point b Clause 2 of this Article;

c) Compel compliance with the requirements for concluding joint training agreements as prescribed for violations stipulated in Point đ Clause 3 of this Article.

Article 13. Violations concerning the conclusion of training contracts

1. A fine shall be imposed on vocational education institutions that do not conclude training contracts or conclude training contracts lacking the required contents as follows:

a) A fine of from VND 1,000,000 to VND 3,000,000 for violations involving fewer than ten students;

b) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving ten to fifty students;

c) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving fifty-one to one hundred students;

d) A fine of from VND 10,000,000 to VND 20,000,000 for violations involving one hundred and one to five hundred students;

đ) A fine of from VND 20,000,000 to VND 30,000,000 for violations involving five hundred and one students or more.

2. Measures to address consequences: Compel the conclusion of training contracts or ensure that the contents of concluded training contracts comply with the prescribed requirements.

Section 4

VIOLATIONS OF REGULATIONS ON INSPECTION, TESTING AND EVALUATION OF TRAINING RESULTS

Article 14. Violation of regulations on assessing academic results

1. A fine shall be imposed for the act of not fully implementing the regulations on assessment and classification or distorting the results of academic assessment and classification for semesters, school years, courses, subjects, modules, credits with one of the following levels:

a) From VND 1,000,000 to VND 3,000,000 for the violation involving from 01 to less than 05 students;

b) From VND 3,000,000 to VND 5,000,000 for the violation involving from 05 to less than 10 students;

c) From VND 5,000,000 to VND 10,000,000 for the violation involving 10 or more students.

2. Measures to remedy consequences: Compel the accurate assessment and classification of academic results according to the actual situation of the students for violations stipulated in Clause 1 of this Article.

Article 15. Violation of regulations on examination, testing, and recognition of graduation

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

a) Grading examination papers or graduation tests incorrectly based on answers or grading scales;

b) Creating grade sheets that deviate from the results of grading examinations or graduation tests.

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

a) Replacing, taking, or accompanying another person in an examination or test;

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

c) Helping candidates complete examination or test papers or assisting candidates in completing examination or test papers;

d) Revealing the identification number of examination or test papers;

đ) Adding or altering examination or test papers or changing the scores of examination or test papers;

e) Organizing the grading of examination or test papers in violation of regulations.

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

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

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

6. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for the act of recognizing graduation for students who do not meet the required conditions for graduation as prescribed.

7. Additional forms of administrative sanction:

a) Invalidate the grade sheet for violations stipulated in Point b Clause 1 of this Article;

b) Confiscate the objects used to commit violations stipulated in Point b Clause 2 of this Article.

8. Measures to remedy consequences:

a) Compel the re-grading of graduation examination or test papers according to the correct answers and grading scales for violations stipulated in Point a Clause 1 of this Article;

b) Compel the restoration of the original state that was altered for violations stipulated in Point đ Clause 2 of this Article;

c) Compel the re-conducting of examinations or tests for violations stipulated in Clause 4 of this Article;

d) Compel the revocation of the results of recognizing graduation for students for violations stipulated in Clause 6 of this Article.

Section 5

VIOLATIONS OF REGULATIONS ON MANAGEMENT, ISSUANCE, AND USE OF EDUCATIONAL CERTIFICATES AND QUALIFICATION CERTIFICATES

Article 16. Violations of regulations on management and issuance of educational certificates and qualification certificates

1. A fine of from VND 300,000 to VND 500,000 shall be imposed for the act of not issuing original copies, certified copies, or not confirming the legality of issued educational certificates and qualification certificates.

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

a) Not establishing files or establishing incomplete files as prescribed for the issuance and management of educational certificates and qualification certificates;

b) Issuing educational certificates and qualification certificates with contents that do not comply with regulations or do not conform to the approved format of certificates and qualifications already confirmed by competent authorities.

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

a) Printing certificate formats for vocational education and training that do not comply with prescribed models;

b) Issuing educational certificates and qualification certificates beyond authority.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of issuing educational certificates and qualification certificates to students who do not meet the prescribed standards.

5. Additional forms of punishment: Suspension of the right to use the registration certificate for vocational education activities, supplementary registration certificate for vocational education activities for a period of from 01 month to 03 months for violations stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compel the issuance of original copies, certified copies, and confirmation of the legality of issued educational certificates and qualification certificates for violations stipulated in Clause 1 of this Article;

b) Compel the destruction of printed certificate formats for vocational education and training for violations stipulated in Point a Clause 3 of this Article;

c) Compel the recovery of issued educational certificates and qualification certificates for violations stipulated in Point b Clause 2 and Point b Clause 3 of this Article;

d) Compel the revocation of the decision to recognize graduation and the recovery of issued educational certificates and qualification certificates for violations stipulated in Clause 4 of this Article.

Article 17. Violations concerning the use and disclosure of information on issuance of vocational education certificates

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of failing to update and disclose information on the issuance of vocational education certificates on the electronic information website or at the main office, branch, or training facility of the vocational education institution.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of allowing others to use or using another person's vocational education certificate.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of using a vocational education certificate that has been erased, altered, or tampered with but not to the extent warranting criminal prosecution.

4. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of buying, selling, or using counterfeit vocational education certificates but not to the extent warranting criminal prosecution.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of forging vocational education certificates but not to the extent warranting criminal prosecution.

6. Additional administrative sanctions: Confiscation of contraband items and means of violation for violations stipulated in Clauses 3, 4, and 5 of this Article.

7. Measures to remedy consequences: Compelling the return of vocational education certificates to the person named in such certificates for violations stipulated in Clause 2 of this Article.

Chapter 6

VIOLATIONS OF PROVISIONS ON TEACHERS, EDUCATION MANAGEMENT STAFF IN VOCATIONAL EDUCATION, AND STUDENTS

Article 18. Violations concerning the management of student records

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for the act of allowing alterations to grade books, score sheets, or other materials related to the assessment of students' academic performance.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to establish or establishing incomplete student management files as prescribed.

3. Measures to remedy consequences:

a) Compel restoration to the original state prior to alteration for violations stipulated in Clause 1 of this Article;

b) Compel establishment of complete student management files for violations stipulated in Clause 2 of this Article.

Article 19. Violations concerning the form of disciplinary action requiring withdrawal from studies

1. A fine shall be imposed for the act of imposing disciplinary action requiring withdrawal from studies contrary to regulations, with one of the following levels:

a) VND 1,000,000 to VND 3,000,000 for violations involving fewer than three students;

b) VND 3,000,000 to VND 5,000,000 for violations involving three to fewer than five students;

c) VND 5,000,000 to VND 10,000,000 for violations involving five or more students.

2. Measures to remedy consequences: Compelling the revocation of the disciplinary decision and restoring the right to study for the students involved for violations stipulated in Clause 1 of this Article.

Article 20. Violations concerning the guarantee of the ratio of full-time teachers and lecturers in vocational education institutions

1. A fine shall be imposed for violations concerning the ratio of full-time teachers and lecturers in the specialized field or trade being trained in vocational education institutions, with one of the following levels:

a) VND 5,000,000 to VND 10,000,000 for vocational training centers;

b) VND 10,000,000 to VND 20,000,000 for secondary vocational schools;

c) VND 20,000,000 to VND 30,000,000 for college-level vocational schools.

2. Measures to remedy consequences: Compelling the allocation of sufficient full-time teachers and lecturers in accordance with the prescribed ratio for violations stipulated in Clause 1 of this Article.

Article 21. Violations concerning the use of teachers and lecturers

1. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for each teacher or lecturer who teaches additional hours exceeding half the standard number of hours of the school year for teachers and lecturers; one-third of the standard number of hours of the school year for personnel engaged in teaching at vocational education institutions.

2. A fine shall be imposed for using teachers and lecturers who do not meet the required standards for teaching as follows:

a) VND 10,000,000 to VND 15,000,000 for vocational education centers;

b) VND 15,000,000 to VND 20,000,000 for junior colleges;

c) VND 20,000,000 to VND 30,000,000 for college-level vocational schools.

3. Measures to address consequences: Compel the arrangement and use of teachers and lecturers who meet the required standards for teaching for violations stipulated in Clause 2 of this Article.

Article 22. Violations concerning policies for teachers and lecturers

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for failing to comply with regulations on professional training and arranging time for practical training at enterprises for teachers and lecturers.

2. Measures to address consequences: Compel compliance with regulations on professional training and arrange practical training at enterprises for teachers and lecturers for violations stipulated in Clause 1 of this Article.

Section 7

VIOLATIONS OF REGULATIONS ON INFRASTRUCTURE, TRAINING EQUIPMENT, FINANCE, QUALITY ASSURANCE CONDITIONS FOR VOCATIONAL EDUCATION AND OTHER VIOLATIONS IN THE FIELD OF VOCATIONAL EDUCATION

Article 23. Violations concerning the use of textbooks and teaching materials

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for using textbooks and teaching materials that do not comply with regulations.

2. Measures to address consequences: Compel the use of textbooks and teaching materials that comply with regulations for violations stipulated in Clause 1 of this Article.

Article 24. Violations concerning the assurance of infrastructure and training equipment conditions

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for causing damage to the infrastructure of vocational education institutions.

2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for failing to organize libraries, health care facilities, and physical training areas as prescribed.

3. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for failing to ensure minimum land area for construction; minimum area for theoretical classrooms, practical classrooms, workshops, experimental stations, and farms as prescribed.

4. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for failing to ensure minimum training equipment as prescribed.

5. Measures to remedy consequences:

a) Compel the remediation of damage to infrastructure for violations stipulated in Clause 1 of this Article;

b) Compel the provision of full infrastructure and training equipment conditions for violations stipulated in Clauses 2, 3, and 4 of this Article.

Article 25. Violations concerning quality assurance activities in vocational education

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for failing to return the vocational education quality assurance inspector card as decided by the competent authority.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for providing false information about the criteria and conditions for obtaining a vocational education quality assurance inspector card.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for failing to return the decision to establish or permit the establishment of a quality assurance organization as prescribed in the decision to revoke issued by the competent state authority.

4. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for using a forged decision to establish or permit the establishment of a quality assurance organization.

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

a) Providing false information about the conditions for conducting quality assurance of vocational education institutions and programs;

b) Failing to return the certificate of quality assurance of vocational education institutions or programs as decided by the competent authority;

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

6. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for one of the following violations:

a) Allowing others to use or using another person's quality assurance inspector card;

b) Providing false information about the results of quality assurance;

c) Altering the content of the self-assessment report on quality assurance;

d) Altering the results of quality assurance conducted by the quality assurance team.

7. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for one of the following violations:

a) Using a forged certificate of quality assurance of vocational education institutions or programs;

b) Providing false information about the results of quality assurance of vocational education institutions or programs through mass media.

8. Additional form of punishment: Revocation of the right to use the vocational education quality assurance inspector card for six to twelve months for violations stipulated in Clause 6 of this Article.

9. Remedial measures:

a) Compel the return of the vocational education quality assurance inspector card for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Compel the return of the decision to establish or permit the establishment of a quality assurance organization for violations stipulated in Clause 3 of this Article;

c) Compel the return of the certificate of quality assurance of vocational education institutions or programs for violations stipulated in Point b Clause 5 of this Article;

d) Compel the submission of a complete and accurate quality assurance report for violations stipulated in Points c and d Clause 6 of this Article;

đ) Compel correction through mass media for violations stipulated in Point b Clause 7 of this Article;

e) Order the annulment of the decision to establish or the decision permitting the establishment of an organization for vocational education quality assessment in cases of violation as stipulated in Clause 4 of this Article.

Article 26. Violations concerning national occupational skill evaluation activities

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

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of reporting inaccurately about the criteria and conditions for issuing a national occupational skill evaluator card.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of failing to return the certificate of evaluation and issuance of national occupational skill certificates within the time limit specified in the decision of the competent state authority.

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

a) Allowing others to use or using another person's national occupational skill evaluator card;

b) Distorting or confirming incorrect evaluation results of occupational skills.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of using a forged certificate of evaluation and issuance of national occupational skill certificates without reaching the level of criminal prosecution.

6. Additional form of punishment: Revocation of the right to use the national occupational skill evaluator card for six to twelve months for violations as stipulated in Clause 4 of this Article.

7. Measures to remedy consequences:

a) Order the return of the national occupational skill evaluator card for violations as stipulated in Clause 1 and Clause 2 of this Article;

b) Order the return of the certificate of evaluation and issuance of national occupational skill certificates for violations as stipulated in Clause 3 of this Article;

c) Order the destruction of the certificate of evaluation and issuance of national occupational skill certificates for violations as stipulated in Clause 5 of this Article.

Article 27. Violations concerning financial receipts and expenditures

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of failing to publicly disclose financial receipts and expenditures as prescribed.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of improperly handling financial receipts and expenditures.

3. Measures to remedy consequences:

a) Order the public disclosure of all financial receipts and expenditures for violations as stipulated in Clause 1 of this Article;

b) Order the refund of collected amounts to students; if refund is not possible, then deposit into the state budget for violations as stipulated in Clause 2 of this Article.

Article 28. Violations concerning information and reporting systems in vocational education

1. A fine shall be imposed on the act of delayed periodic reporting, reporting admission results, graduation certification results, self-assessment results of vocational education quality, and other reports with one of the following levels:

a) From VND 1,000,000 to VND 3,000,000 for delayed reporting from 15 to 30 days;

b) From VND 5,000,000 to VND 10,000,000 for delayed reporting of 31 days or more or failure to report despite urging letters.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of failing to publicly disclose training objectives, training programs; quality assurance conditions for teaching and learning; tuition fees and exemptions/reductions; training quality assessment results; the system of diplomas and certificates of the vocational education institution and other institutions registered for vocational education activities; job positions after graduation and measures to monitor and supervise training quality as prescribed.

3. Measures to remedy consequences: Order the public disclosure of the information as stipulated in Clause 2 of this Article.

Chapter III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 29. Competence to Impose Penalties of Inspectors

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

a) To issue warnings;

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

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

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

2. The Chief Inspector of the specialized agency assisting the People's Committee of the province in performing state management functions over vocational education within the provincial territory, the Head of the specialized inspection team of the specialized agency assisting the People's Committee of the province in performing state management functions over vocational education within the provincial territory, and the Head of the specialized inspection team of the General Department of Vocational Training have the right:

a) To issue warnings;

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

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

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

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

3. The Head of the specialized inspection team of the Ministry of Labor, Invalids and Social Affairs has the right to impose penalties for administrative violations in the field of vocational education concerning the organization and operation of vocational training at intermediate level, college level according to trades; primary level training; vocational training through apprenticeship, master-apprentice training, internship training; training under three months; training and upgrading workers' skills in enterprises; improving workers' occupational skills; vocational training for rural laborers; national skill assessment activities, including:

a) To issue warnings;

4. The Head of the Transport Inspection Department of the Ministry of Transport has the power:

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

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

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

4. The Head of the specialized inspection team of the Ministry of Education and Training has the right to impose penalties for administrative violations in the field of vocational education concerning the organization and operation of vocational training at intermediate level, college level according to specialties, including:

a) To issue warnings;

4. The Head of the Transport Inspection Department of the Ministry of Transport has the power:

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

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

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

5. The Chief Inspector of the Ministry of Labor, Invalids and Social Affairs, the Director of the General Department of Vocational Training have the right to impose penalties for administrative violations in the field of vocational education concerning the organization and operation of vocational training at intermediate level, college level according to trades; primary level training; vocational training through apprenticeship, master-apprentice training, internship training; training under three months; training and upgrading workers' skills in enterprises; improving workers' occupational skills; vocational training for rural laborers; national skill assessment activities, including:

a) To issue warnings;

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

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

d) Confiscate contraband and means of administrative violation;

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

6. The Chief Inspector of the Ministry of Education and Training has the right to impose penalties for administrative violations in the field of vocational education concerning the organization and operation of vocational training at intermediate level, college level according to specialties, including:

a) To issue warnings;

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

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

d) Confiscate contraband and means of administrative violation;

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

7. The Head of the specialized inspection team of the Ministry has the right to impose penalties for administrative violations in the field of vocational education concerning educational institutions directly under the Ministry, including:

a) To issue warnings;

4. The Head of the Transport Inspection Department of the Ministry of Transport has the power:

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

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

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

8. The Chief Inspector of the Ministry, agency equivalent to a ministry has the right to impose penalties for administrative violations in the field of vocational education concerning educational institutions directly under the Ministry, including:

a) To issue warnings;

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

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

d) Confiscate contraband and means of administrative violation;

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

Article 30. Competence to impose administrative penalties of the Chairman of the People's Committee

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

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

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

c) Imposing a fine up to VND 37,500,000;

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

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

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

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

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

c) To revoke the right to use certificates of registration for vocational education activities, certificates of supplementary registration for vocational education activities for a limited period, or suspend vocational education activities, joint training vocational education activities for a limited period;

d) Confiscate contraband and means of administrative violation;

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

Article 31. Competence to draw up an administrative violation record for administrative violations in the vocational education sector

1. Those persons authorized to impose administrative penalties as prescribed in Articles 29 and 30 of this Decree.

2. Officials and civil servants who are members of inspection teams according to the inspection decision of the head of the central state management agency for vocational education, the Director of the Central Inspectorate of the state management agency for vocational education at the central level, the General Director of the Vocational Training General Department, the head of the specialized agency assisting the provincial People's Committee in performing state management functions in the vocational education sector within the province, the Director of the specialized agency assisting the provincial People's Committee in performing state management functions in the vocational education sector within the province.

3. Officials and civil servants who are members of inspection teams according to the inspection decision of the Minister, the head of a ministry-level agency, the Chairman of the provincial People's Committee, the Chairman of the district People's Committee, the Director of the Ministry Inspectorate, the Director of the provincial Inspectorate, the Director of the district Inspectorate.

Chapter IV
IMPLEMENTING PROVISIONS

Article 32. Effectiveness

1. This Decree takes effect from November 1, 2015.

2. Replaces Decree No. 148/2013/NĐ-CP dated October 30, 2013 of the Government stipulating administrative penalties in the vocational training sector.

3. Amends some articles of Decree No. 138/2013/NĐ-CP dated October 22, 2013 of the Government stipulating administrative penalties in the education sector as follows:

a) Abolishing Point c Clause 2, Point c Clause 3, Point b Clause 4 Article 5; Point c Clause 2, Point c Clause 3, Point c Clause 4 Article 6; Clause 2 Article 9; Clause 1 Article 10; Point b Clause 1 Article 14 and Clause 2 Article 18;

b) Removing the phrase "college" in Point d Clause 2, Point d Clause 3 Article 5;

c) Removing the phrase "college" in Clause 3 Article 9 and Clause 2 Article 10;

d) Removing the phrase "intermediate vocational" in Clause 2 Article 17;

đ) Removing the phrase "intermediate vocational school" in Point b Clause 4 Article 26.

Article 33. Transitional Provisions

1. For administrative violations in the vocational training sector, intermediate vocational education, college, comprehensive technical-vocational education occurring before the date this Decree takes effect but discovered afterwards or under consideration and resolution, provisions favorable to organizations and individuals violating the law shall be applied.

2. For decisions on administrative penalties in the vocational training sector, intermediate vocational education, college, comprehensive technical-vocational education issued or fully executed before the effective date of this Decree, if the individual or organization subject to administrative penalty still lodges a complaint, the provisions of Decree No. 148/2013/NĐ-CP dated October 30, 2013 of the Government stipulating administrative penalties in the vocational training sector and Decree No. 138/2013/NĐ-CP dated October 22, 2013 of the Government stipulating administrative penalties in the education sector shall be applied to resolve the matter.

Article 34. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.

 PRIME MINISTER

CHAIRMAN

Nguyen Tan Dung