Decree No. 88/2022/ND-CP on administrative sanctions for violations in the vocational education sector

DECREE

Regulations on Administrative Sanctions in the Field of Vocational Education

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On the basis of Law on Government Organization dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on Handling Administrative Violations dated June 20, 2012; Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

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

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

On the basis of Law on Education dated June 14, 2019;

On the basis of Labor Code dated November 20, 2019;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree to stipulate administrative sanctions for violations in the field of vocational education.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative sanction, levels of administrative sanction, measures to remedy consequences of administrative violations, authority to record administrative violations, authority to impose administrative sanctions, specific monetary fines according to each position for administrative violations in vocational education activities and national vocational skill certification activities (hereinafter referred to as the field of vocational education).

2. Acts of administrative violation in the field of vocational education not specified in this Decree shall be handled according to regulations on administrative sanctions in related state management fields, including:

a) Administrative sanctions for violations concerning organizing vocational education activities for persons with disabilities shall be implemented according to the Government's regulations on administrative sanctions in the field of social assistance and child protection;

b) Administrative sanctions for violations concerning expenditures subject to control through the State Treasury, property management and use shall be implemented according to the Government's regulations on administrative sanctions in the field of property management and use; thrift and anti-waste; national reserves; State Treasury;

c) Administrative sanctions for violations concerning labor contract systems, working hours, rest periods for teachers under labor contracts; violations concerning training, upgrading, and enhancing workers' vocational skills shall be implemented according to the Government's regulations on administrative sanctions in the field of labor, social insurance, and sending Vietnamese workers abroad under contracts;

d) Administrative sanctions for violations concerning service charges in the field of vocational education shall be implemented according to the Government's regulations on administrative sanctions in the field of price, fee, and invoice management;

Article 2. Applicability

1. Vietnamese individuals and organizations; foreign individuals and organizations (hereinafter referred to as individuals and organizations) as stipulated in Clauses 2, 3, 4, and 5 of this Article commit administrative violations in the field of vocational education as prescribed in this Decree.

2. Organizations subject to administrative sanctions as prescribed in this Decree are legal entities under civil law or other organizations established in accordance with the law, including:

a) Colleges, secondary vocational schools, vocational training centers (hereinafter referred to as vocational education institutions);

b) Vocational training centers - continuing education centers;

c) Representative offices of foreign vocational education institutions in Vietnam;

d) Higher education institutions granted certificates to conduct vocational education activities at college and secondary levels in specialized fields or projects approved by the Prime Minister for investment (hereinafter referred to as higher education institutions specializing in vocational education);

e) Normal colleges and secondary normal schools that have registered vocational education activities in fields managed by the Ministry of Labor, Invalids, and Social Affairs;

f) Schools organized by state agencies, political organizations, socio-political organizations, and people's armed forces conducting vocational education activities;

g) Enterprises organizing vocational education activities (hereinafter referred to as enterprises);

h) Employment service centers organizing vocational education activities;

i) Quality assurance organizations in vocational education;

j) Organizations assessing and issuing national vocational skill certificates;

k) Institutions providing supplementary teacher training in vocational education under the responsibility of the Ministry of Labor, Invalids, and Social Affairs;

l) Training and research institutions entrusted with the task of providing training for occupational standards of vocational education professionals under the responsibility of the Ministry of Labor, Invalids, and Social Affairs;

m) Organizations operating educational consulting services, activities sending Vietnamese citizens abroad for study, teaching, scientific research, and academic exchanges at various levels of vocational education (excluding secondary normal schools and normal colleges);

n) Other organizations participating in vocational education activities, joint training programs at various levels of vocational education;

3. Branches of colleges, secondary vocational schools; branches, representative offices of legal entities, organizations.

4. Households engaged in vocational training classes.

5. Individuals participating in vocational education activities, quality assurance in vocational education, national vocational skill assessment; individuals who are not civil servants, public officials, or vocational staff going abroad for study, teaching, scientific research, and academic exchanges at various levels of vocational education.

6. Persons authorized to record administrative violations, impose administrative sanctions, and other individuals and organizations related to administrative sanction activities in the field of vocational education as prescribed in this Decree.

Article 3. Forms of administrative penalties, maximum fines, authority to impose penalties, and principles for applying penalties to repeated administrative violations; responsibilities of Ministers, Heads of ministerial-level agencies, Chairpersons of all levels of People's Committees, heads of agencies and units with authority to handle administrative violations in the vocational education sector; measures to suspend operations as stipulated in Clause 1, Article 20 of the Vocational Education Law and related Decrees in the vocational education sector

1. Principal forms of administrative penalties

a) Warning;

b) Fine.

2. Additional forms of punishment

a) Confiscation of objects and means used in committing administrative violations;

b) Expel;

c) Suspension of activities for a specified period;

d) Revocation of licenses and professional certificates for a specified period.

3. Maximum fines in the vocational education sector

a) The maximum fine for individuals in the vocational education sector is 75,000,000 VND, and for organizations it is 150,000,000 VND;

b) The fine for each administrative violation specified in Chapter II of this Decree shall be the fine for organizations, except for the provisions in Clause 4 and Clause 5, Article 11, Clause 1 and Clause 2, Article 16, Clauses 1, 2, and 3, Article 21, Point a, Clause 3, Article 22, Clause 1, Article 23, Clause 1, Article 27, Point b, Clause 1, Article 30, Clause 1, Article 34, Clause 1, Article 35, and Clause 1, Article 36 of this Decree, which shall be the fine for individuals;

c) For the same administrative violation, the fine for individuals shall be half the fine for organizations;

d) Households or families operating training classes that violate the provisions of this Decree shall be subject to fines as if they were individuals.

4. Authority to impose administrative penalties for positions specified in Articles 38, 39, 40, and 41 of this Decree applies to administrative violations committed by organizations; in cases of fines, the authority to impose penalties on individuals who commit violations is half the authority to impose penalties on organizations that commit violations.

5. Ministers, Heads of ministerial-level agencies, Chairpersons of all levels of People's Committees, heads of agencies and units with authority to handle administrative violations in the vocational education sector have the responsibility to identify and correct errors in decisions on handling administrative violations issued by themselves or their subordinates, and promptly amend, supplement, or revoke such decisions, or issue new decisions according to Articles 13 and 14 of Government Decree No. 118/2021/NĐ-CP dated December 23, 2021 detailing certain provisions and implementing measures of the Administrative Violations Handling Law.

6. In cases where individuals or organizations repeatedly commit administrative violations, such behavior shall be considered an aggravating circumstance for determining administrative penalties.

7. Measures to suspend operations as stipulated in Clause 1, Article 20 of the Vocational Education Law and related Decrees in the vocational education sector

When discovering administrative violations as specified in Point a, Clause 4, Article 6; Clauses 3, 7, and 8, Article 7; Point c, Clause 2, Article 8; Clauses 5, 6, and 7, Article 19; Clause 5, Article 22; Points b and c, Clause 2, Article 24; Article 31; Point d, Clause 2, and Point d, Clause 7, Article 35, and Clause 3, Article 36 of this Decree, the person authorized to record administrative violations as stipulated in Article 37 of this Decree must prepare a report assessing the severity of the violation, the reasons for suspension, and immediately transfer the report to the competent authority responsible for suspending vocational education activities, foreign joint training programs, quality assessment of vocational education, national skill certification, to consider and decide on suspending operations in accordance with regulations.

Article 4. Measures to remedy consequences

In addition to the forms of administrative punishment prescribed in Clause 1 and Clause 2, Article 3 of this Decree, individuals and organizations violating administrative regulations may also be subject to measures to remedy consequences as stipulated in Points a, e, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and the following measures:

1. Compel the submission of reports to competent authorities as prescribed.

2. Compel the return of altered or tampered documents, certificates, licenses, and practice certificates to the competent authority that issued them.

3. Compel the transfer of eligible admitted students to another vocational education institution meeting the conditions for organizing vocational education activities or back to the training location specified in their vocational education activity registration certificate or supplementary registration certificate, or revoke the admission decision, refund all collected fees from the student, and bear all costs of refunding.

4. Compel the storage of records and documents related to the organization of vocational teacher professional development programs and the professional qualification standards for vocational education specialists as prescribed.

5. Compel the revocation of admission results; revoke academic performance, examination, assessment results, and graduation certification; recover and revoke diplomas, certificates, or copies thereof already issued; revoke disciplinary decisions and restore the right to study for the student; revoke national occupational skill assessment results.

6. Compel the re-conducting of examinations, assessments, and academic performance evaluations for students.

7. Compel the supplementary registration of vocational education activities.

8. Compel the assurance of students' rights; refund all collected fees from students; refund state budget support received; refund improperly expended funds.

9. Compel the public disclosure of diploma and certificate issuance; practice licenses and certificates; conditions for organizing vocational education activities; conditions for conducting national occupational skill certification.

10. Compel the recovery of documents issued without proper authority or containing illegal content; compel the issuance of regulations and rules as prescribed.

11. Compel the implementation of school health work as prescribed.

12. Compel the assurance of sufficient conditions for organizing vocational education activities, international training cooperation, quality assessment of vocational education, and national occupational skill certification activities.

13. Compel the development, review, and issuance of training programs and teaching materials; update training programs.

14. Compel the delivery of sufficient hours, minimum workload, and knowledge of subjects or modules within the training program; use the correct training program.

15. Compel the creation, use, and recording of complete content in management forms and ledgers.

16. Compel the use of staff with counseling certificates for studying abroad.

17. Compel the approval of diploma and certificate templates; report on diploma and certificate templates; issue decisions to amend diplomas and certificates.

18. Compel the establishment of files managing the printing, confidentiality, distribution, use, recovery, and cancellation of diploma and certificate templates; ensure material infrastructure, equipment, and fire prevention facilities.

19. Compel the construction of a database for managing diplomas and certificates and updating diploma and certificate data.

20. Compel the issuance and distribution of diplomas, certificates, or copies thereof; return diplomas, certificates, or copies thereof to the competent authority issuing the diplomas and certificates as prescribed.

21. Compel the use of teachers and instructors meeting the required number, conditions, and standards as prescribed; compel compliance with teacher policies; compel the allocation of sufficient full-time teachers for each training field.

22. Compel public apology to those whose dignity, personality, or physical integrity has been violated, except when the victim requests no public apology.

23. Compel the establishment, storage, and preservation of student files; return student files and papers; require students to supplement their files as prescribed.

24. Compel the provision of sufficient conditions regarding land area usage, material infrastructure, equipment, tools, and training means.

25. Compel the cancellation of textbooks, teaching materials, lectures, and teaching aids.

26. Compel the provision of information on vocational education quality assessment results, external evaluation file contents, and external evaluation outcomes.

27. Compel the conduct of self-assessment of vocational education quality.

Article 5. Statute of limitations for administrative violations and enforcement of remedial measures

1. The statute of limitations for administrative violations in the vocational education sector is one year.

2. The time point for calculating the statute of limitations for administrative violations in the vocational education sector shall be implemented according to the provisions at points b, c, and d of Clause 1, Article 6 of the Law on Handling Administrative Violations.

3. Determining the completion of an administrative violation act and the ongoing administrative violation act for calculating the statute of limitations for administrative violations shall be carried out according to the provisions at Clause 1, Article 8 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and implementing measures of the Law on Handling Administrative Violations.

4. Enforcement of remedial measures

a) For remedial measures prescribed in Clauses 1, 2, 9, 10, 16, 17, 18, 19, 20, 21, 23, 25, and 26 of Article 4 of this Decree, the deadline for enforcing remedial measures is fifteen working days from the date the individual or organization receives the decision on administrative violation penalty;

b) For remedial measures prescribed in Clauses 4, 6, 7, 13, 15, 22, and 27 of Article 4 of this Decree, the deadline for enforcing remedial measures is thirty working days from the date the individual or organization receives the decision on administrative violation penalty;

c) For remedial measures prescribed in Clauses 3, 5, 8, 11, and 12 of Article 4 of this Decree, the deadline for enforcing remedial measures is sixty working days from the date the individual or organization receives the decision on administrative violation penalty;

d) For remedial measures prescribed in Clause 14 and Clause 24 of Article 4 of this Decree, the deadline for enforcing remedial measures is ninety working days from the date the individual or organization receives the decision on administrative violation penalty;

đ) In cases where the decision on administrative violation penalty or the decision on applying remedial measures specifies the enforcement period, it shall be implemented according to the period stated in the decision.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF ADMINISTRATIVE PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Section 1

VIOLATIONS OF PROVISIONS ON ESTABLISHING, PERMITTING TO ESTABLISH, DIVIDING, SEPARATING, MERGING, DISSOLVING, RENAMING VOCATIONAL EDUCATION INSTITUTIONS; BRANCHES OF COLLEGES AND VOCATIONAL SCHOOLS; REPRESENTATIVE OFFICES OF FOREIGN EDUCATIONAL ORGANIZATIONS IN VIETNAM; REGISTERING VOCATIONAL EDUCATION ACTIVITIES; ORGANIZING ACTIVITIES OF VOCATIONAL EDUCATION INSTITUTIONS, CONTINUOUS VOCATIONAL EDUCATION CENTERS, BUSINESSES; STAFFING PROFESSIONAL TEACHER TRAINING FOR VOCATIONAL EDUCATION; STAFFING PROFESSIONAL QUALIFICATION STANDARDS FOR TECHNICAL CIVIL SERVICE SPECIALISTS IN VOCATIONAL EDUCATION

Article 6. Violations of provisions on establishing, permitting to establish, dividing, separating, merging, dissolving, renaming vocational education institutions; branches of colleges and vocational schools; representative offices of foreign educational organizations in Vietnam

1. A fine of from five million to ten million dong for the act of using the wrong name according to the establishment decision, permission to establish, renaming decision of vocational education institutions, establishment permit of representative offices of foreign educational organizations in Vietnam to organize vocational education activities.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Not requesting the competent authority to issue a new permit when losing or damaging the establishment permit of the representative office of foreign educational organizations in Vietnam;

b) Not returning the establishment decision, permission to establish, division, separation, merger, dissolution, renaming decision of vocational education institutions, branch of college, vocational school, establishment permit of representative offices of foreign educational organizations in Vietnam according to the revocation decision of the competent authority.

3. A fine of from fifteen million to twenty million dong for the act of erasing, altering the content of the establishment decision, permission to establish, division, separation, merger, dissolution, renaming decision of vocational education institutions, branch of college, vocational school, establishment permit of representative offices of foreign educational organizations in Vietnam but not reaching the level of criminal prosecution.

4. A fine of from thirty million to forty million dong for one of the following acts:

a) Fraudulent filing to obtain the competent authority's decision to establish, permit to establish vocational education institutions but not reaching the level of criminal prosecution;

b) Fraudulent filing to obtain the competent authority's decision to establish, permit to establish branches of colleges, vocational schools; representative offices of foreign educational organizations in Vietnam; decisions to divide, separate, merge, dissolve, rename vocational education institutions but not reaching the level of criminal prosecution.

5. A fine for the act of establishing, permitting to establish, dividing, separating, merging, dissolving, renaming vocational education institutions, branches of colleges, vocational schools; representative offices of foreign educational organizations in Vietnam without permission from the competent authority according to the following levels of fines:

a) A fine of from twenty million to forty million dong for vocational training centers;

b) A fine of from forty million to sixty million dong for vocational schools, branches of vocational schools;

c) A fine of from sixty million to eighty million dong for colleges, branches of colleges;

d) A fine of from eighty million to one hundred million dong for representative offices of foreign educational organizations in Vietnam.

6. Additional form of punishment: Deportation of foreigners who commit violations stipulated in Clause 4 and Clause 5 of this Article.

7. Measures to remedy consequences:

a) Compel correction of false information or information that may cause confusion for violations stipulated in Clause 1 of this Article;

b) Compel application for issuance of a new establishment permit for violations stipulated in point a of Clause 2 of this Article;

c) Compel the submission of the decision to establish, permit establishment, decision to divide, split, merge, dissolve, change the name of vocational education institutions, branch of colleges, secondary vocational schools, license to establish representative offices of foreign organizations and vocational education institutions in Vietnam for acts violating the provisions set forth in point b, Clause 2, Article this;

d) Compel the submission of the decision to establish, permit establishment, decision to divide, split, merge, dissolve, change the name of vocational education institutions, branch of colleges, secondary vocational schools, license to establish representative offices of foreign organizations and vocational education institutions in Vietnam that have been erased, altered for acts violating the provisions set forth in Clause 3, Article this;

đ) Compel the submission of the illegal profits obtained to the state budget for acts violating the provisions set forth in Clauses 1, 3, 4, and 5, Article this;

e) Compel the transfer of students who meet the admission criteria to another qualified vocational education institution for educational activities or revoke the admission decision and refund all collected fees to the students and bear all costs of refund if the transfer cannot be made for acts violating the provisions set forth in Clause 3, Clause 4, points a, b, and c, Clause 5, Article this;

g) Compel the revocation of the decision to establish, permit establishment, decision to divide, split, merge, dissolve, change the name of vocational education institutions, branch of colleges, secondary vocational schools; license to establish representative offices of foreign organizations and vocational education institutions in Vietnam for acts violating the provisions set forth in Clause 4 and Clause 5, Article this.

Article 7. Violations concerning registration of vocational education activities, autonomous decisions on opening majors and training programs; registration of joint training activities with foreign countries, autonomous joint training activities with foreign countries

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Failure to report to the competent authority when losing, damaging, or tearing the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities, certificate of registration for joint training activities with foreign countries;

b) Failure to submit the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities, certificate of registration for joint training activities with foreign countries according to the revocation decision of the competent authority.

2. Fine from VND 15,000,000 to VND 20,000,000 for acts of erasing, altering the content in the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities, certificate of registration for joint training activities with foreign countries but not reaching the level of criminal prosecution.

3. Fine from VND 30,000,000 to VND 40,000,000 for acts of falsifying documents to obtain the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities, certificate of registration for joint training activities with foreign countries but not reaching the level of criminal prosecution.

4. Fine from VND 40,000,000 to VND 50,000,000 for acts of failing to register supplementary vocational education activities in one of the following cases:

a) Adding new majors, professions, levels of training;

b) Dividing, splitting, merging vocational education institutions, vocational training centers - general education centers, and enterprises;

c) Establishing a branch with training activities; transferring the main office or branch or training location to another place, where the branch or training location is the direct place organizing training;

d) Adding additional training locations outside the training locations already registered in the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities;

đ) Changing the name of the enterprise.

5. Fine for acts of failing to register supplementary vocational education activities when enrolling more than the total enrollment scale/year of majors, professions within the same group of majors, professions at Level III or between professions at the primary level with the same name as the profession at the college level, secondary level or between professions at the primary level within the same group of training professions at the primary level at each training location registered in the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities according to the following fine levels:

a) Fine from VND 30,000,000 to VND 40,000,000 for acts of enrolling more than 11% to 15%;

b) Fine from VND 40,000,000 to VND 50,000,000 for acts of enrolling more than 16% to 20%;

c) Fine from VND 50,000,000 to VND 60,000,000 for acts of enrolling more than 21% to 25%;

d) Fine from VND 60,000,000 to VND 70,000,000 for acts of enrolling more than 26% to 30%;

đ) Fine from VND 70,000,000 to VND 80,000,000 for acts of enrolling more than 31% to 35%;

e) Fine from VND 80,000,000 to VND 90,000,000 for acts of enrolling more than 36% to 40%;

g) Fine from VND 90,000,000 to VND 100,000,000 for acts of enrolling more than 41% or more.

6. Fine from VND 50,000,000 to VND 60,000,000 for acts of making autonomous decisions on opening majors and training programs, autonomous decisions on joint training activities with foreign countries but not reporting the conditions for ensuring autonomous vocational education activities, autonomous joint training activities with foreign countries to the competent authority issuing the certificate of registration for vocational education activities, certificate of registration for joint training activities with foreign countries.

7. Fine from VND 60,000,000 to VND 70,000,000 for one of the following acts:

a) Organizing vocational education activities according to the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities issued beyond the authority;

b) Organizing joint training activities with foreign countries according to the certificate of registration for joint training activities with foreign countries issued beyond the authority.

8. A fine shall be imposed on the act of enrolling students and organizing training before obtaining from the competent authority a certificate of registration for vocational education activities according to the following levels of fines:

a) A fine of VND 20,000,000 to VND 40,000,000 for vocational education centers, vocational education centers - regular education, enterprises;

b) A fine of VND 40,000,000 to VND 60,000,000 for secondary vocational schools; schools of state agencies, political organizations, political-social organizations; schools of the People's Armed Forces;

c) A fine of VND 60,000,000 to VND 80,000,000 for college-level institutions, higher education institutions specializing in specific fields.

9. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on the act of independently deciding to open training programs and majors, independently deciding to collaborate with foreign countries in training when not meeting the conditions for such independent decisions.

10. Additional forms of punishment:

a) Suspension of vocational education activities for a period of 01 to 03 months for violations stipulated in points a, b, c, and d of Clause 5 of this Article;

b) Suspension of vocational education activities for a period of 03 to 06 months for violations stipulated in points đ, e, and g of Clause 5 of this Article.

11. Remedial measures:

a) Compel the reporting to the competent authority as prescribed for violations stipulated in point a of Article 1;

b) Compel the return of the certificate of registration for vocational education activities, the supplementary certificate of registration for vocational education activities, and the certificate of registration for collaborative training activities with foreign countries for violations stipulated in point b of Article 1, Article 2;

c) Compel the return of illegal profits obtained into the State budget for violations stipulated in Articles 2, 3, and 8 of this Article;

d) Compel the return and recommend the competent authority to revoke the certificate of registration for vocational education activities, the supplementary certificate of registration for vocational education activities, and the certificate of registration for collaborative training activities with foreign countries for violations stipulated in Article 3 and Article 7 of this Article;

đ) Compel the cancellation of academic results, examination, test, and graduation certification of learners; compel the recovery and cancellation of diplomas, certificates, or copies thereof already issued; compel the assurance of learners' rights for violations stipulated in Article 3, point a and d of Clause 4, Articles 7, 8, and 9 of this Article;

e) Compel the transfer of learners to the training location specified in the certificate of registration for vocational education activities, the supplementary certificate of registration for vocational education activities, or transfer to another vocational education institution meeting the conditions for organizing vocational education activities for violations stipulated in point a and d of Clause 4 of this Article;

g) Compel the supplementary registration of vocational education activities for violations stipulated in points b, c, and đ of Clause 4 and Article 5 of this Article;

h) Compel a reduction in the number of enrollment quotas for the following year by at least the number of excess enrollments beyond the scale due to not obtaining a supplementary certificate of registration for vocational education activities for violations stipulated in Article 5 of this Article;

i) Compel the reporting of conditions ensuring independent decision-making for opening training programs and majors, and conditions ensuring independent decision-making for collaborative training with foreign countries to the competent authority issuing the certificate of registration for vocational education activities, the certificate of registration for collaborative training activities with foreign countries for violations stipulated in Article 6 of this Article;

k) Compel the refund of all amounts collected from learners and bear all costs of refunding for violations stipulated in Articles 3, 7, 8, and 9 of this Article; if the learner cannot be identified for refund, then deposit into the State budget.

Article 8. Violations concerning the organization and management of vocational education institutions, vocational education and regular training centers, enterprises.

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failing to fully disclose contents regarding the operation of vocational education activities as required for vocational education institutions, vocational education and regular training centers, enterprises.

b) Implementing incomplete or incorrect reporting systems as prescribed.

c) Preparing periodic and ad hoc reports with inaccurate contents as prescribed.

d) Not performing or performing incorrectly the duty of accountability as prescribed.

đ) Issuing documents with inaccurate or incomplete contents within the responsibility of issuing such documents for vocational education institutions, vocational education and regular training centers, enterprises.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Failing to issue sufficient regulations and rules within the responsibility of issuing for vocational education institutions, vocational education and regular training centers, enterprises.

b) Failing to disclose contents regarding the organization of vocational education activities as required for vocational education institutions, vocational education and regular training centers, enterprises.

c) Failing to disclose conditions ensuring the organization of vocational education activities for each training field after obtaining the certificate of registration for vocational education activities, additional certificate of registration for vocational education activities on their own website; not sending the results of disclosure to the Department of Labor, Invalids and Social Affairs where the vocational education activities take place.

d) Failing to implement reporting systems within the responsibility of vocational education institutions, vocational education and regular training centers, enterprises as prescribed.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Failing to propose the establishment of a school council or recognition of the board of management of a college or secondary technical school.

b) Issuing documents beyond authority or containing contents contrary to the law.

c) Failing to implement school health work or implementing it without ensuring the prescribed contents.

d) Fraudulently submitting documents to obtain the decision of competent authorities recognizing a high-quality school but not reaching the level of criminal prosecution.

4. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for continuing to conduct enrollment and training activities during the period when vocational education activities are suspended or the right to use the certificate of registration for vocational education activities is revoked.

5. Measures to remedy consequences:

a) Order to disclose according to the provisions for violations of Clause a, Paragraph 1, Clauses b and c, Paragraph 2 of this Article.

b) Order to issue regulations and rules; implement reporting systems, duties of accountability or correct false information for violations of Clauses b, c, d and đ, Paragraph 1, Clauses a and d, Paragraph 2 of this Article.

c) Order to revoke documents issued beyond authority or containing contents contrary to the law for violations of Clause b, Paragraph 3 of this Article.

d) Order to implement school health work according to the provisions for violations of Clause c, Paragraph 3 of this Article.

đ) Order to return and recommend competent authorities to revoke the decision recognizing a high-quality school for violations of Clause d, Paragraph 3 of this Article.

e) Recommend competent authorities to revoke the certificate of registration for vocational education activities, additional certificate of registration for vocational education activities for violations of Paragraph 4 of this Article.

g) Order to transfer students to another vocational education institution meeting the conditions for organizing vocational education activities; order to refund all fees collected from students and bear all costs of refund; ensure the rights of students for violations of Paragraph 4 of this Article.

Article 9. Violation of regulations on professional training for vocational education teachers and standard qualification training for specialized vocational education staff

1. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of erasing, altering, or distorting the content of decisions assigning the implementation of professional training for vocational education teachers or decisions assigning tasks to organize standard qualification training for specialized vocational education staff, but not reaching the level of criminal prosecution.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of failing to retain records and documents regarding the organization of professional training for vocational education teachers and standard qualification training for specialized vocational education staff as prescribed.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of falsifying records to obtain assignments from competent authorities to implement professional training for vocational education teachers or organize standard qualification training for specialized vocational education staff, but not reaching the level of criminal prosecution.

4. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of organizing professional training for vocational education teachers and standard qualification training for specialized vocational education staff without being assigned tasks by competent authorities as prescribed.

5. Measures to remedy consequences:

a) Order the violator to return the decision assigning the implementation of professional training for vocational education teachers and the decision assigning the task to organize standard qualification training for specialized vocational education staff to the competent authority issuing such decisions for violations under Clause 1 of this Article;

b) Order the violator to retain records and documents regarding the organization of professional training for vocational education teachers and standard qualification training for specialized vocational education staff as prescribed for violations under Clause 2 of this Article;

c) Order the violator to return and recommend the competent authority to revoke the decision assigning the task to implement professional training for vocational education teachers and the decision assigning the task to organize standard qualification training for specialized vocational education staff for violations under Clause 3 of this Article;

d) Order the violator to cancel the admission decision, refund all collected fees to the students, and bear all costs related to the refund for violations under Clause 4 of this Article; if the student cannot be identified, the amount shall be paid into the State budget;

e) Order the violator to recall and cancel certificates already issued and bear all costs associated with recalling and canceling the certificates for violations under Clause 4 of this Article.

Section 2

VIOLATIONS OF REGULATIONS ON ENROLLMENT ACTIVITIES

Article 10. Violations of regulations on organizing enrollment

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Announcing enrollment with incorrect or inaccurate information about the profession, level of training, scale of enrollment per year, location of training as stated in the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities, certificate of registration for joint training activities with foreign countries, or in the decision on self-management to open professions and trades for training, decision on self-management to jointly train with foreign countries;

b) Announcing enrollment for higher vocational college, intermediate vocational college, and basic vocational college training programs that do not match the training duration specified in the training program decided and promulgated by the head of the vocational education institution, vocational education center - general education center, school of state agencies, political organizations, political-social organizations, people's armed forces, specialized higher education institutions, or enterprises;

c) Announcing enrollment with incorrect target groups for higher vocational college, intermediate vocational college, and basic vocational college training programs as prescribed.

2. A fine of from 20,000,000 VND to 40,000,000 VND shall be imposed for one of the following acts:

a) Not implementing the enrollment process correctly;

b) Accepting enrollment applications, organizing examinations, or conducting admissions before obtaining the certificate of registration for vocational education activities or supplementary certificate of registration for vocational education activities from the competent authority, or before reporting to the competent authority on the conditions ensuring self-management to decide on opening professions and trades for training as prescribed;

c) Conducting enrollment for professions and trades for training without meeting the conditions for self-management to decide on opening professions and trades for training as prescribed.

3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of not announcing the admission threshold for higher vocational college training programs that have set an admission threshold.

4. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on the act of organizing examinations or admissions for students in professions and trades for training or foreign training programs without obtaining the certificate of registration for joint training activities with foreign countries from the competent authority or without reporting to the competent authority on the conditions ensuring self-management to decide on joint training with foreign countries.

5. Additional forms of punishment:

a) Deport foreigners for violations under Clause 4 of this Article;

b) Suspend vocational education activities for a period of from 12 to 18 months for violations under point c of Clause 2 of this Article.

6. Measures to remedy consequences:

a) Order the violator to correct false information for violations under Clause 1 of this Article;

b) Order the violator to cancel the admission results for violations under points b and c of Clause 2 and Clause 4 of this Article;

c) Order the violator to refund all collected fees to the students and bear all costs related to the refund for violations under point b of Clause 2 and Clause 4 of this Article;

d) Order the violator to publicly announce the suspension of enrollment on their website and through mass media for violations under Clause 1, point b and c of Clause 2, Clause 3, and Clause 4 of this Article;

d) Compel the transfer of eligible admitted students to another vocational education institution that meets the conditions for organizing vocational education activities, engaging in joint training with foreign countries, or revoke the admission decision, refund all collected fees from the student, and bear all refund costs if the student cannot be transferred for violations as stipulated in points b and c, Clause 2, and Clause 4 of this Article.

Article 11. Violations concerning the enrollment targets and application forms

1. Imposing fines for enrolling students incorrectly at the primary level according to the following penalty levels:

a) From VND 1,000,000 to VND 3,000,000 for enrolling less than 10 students incorrectly;

b) From VND 3,000,000 to VND 5,000,000 for enrolling between 10 and less than 30 students incorrectly;

c) From VND 5,000,000 to VND 10,000,000 for enrolling 30 or more students incorrectly.

2. Imposing fines for enrolling students incorrectly at the intermediate level according to the following penalty levels:

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

b) From VND 10,000,000 to VND 20,000,000 for enrolling between 10 and less than 30 students incorrectly;

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

3. Imposing fines for enrolling students incorrectly at the college level according to the following penalty levels:

a) From VND 10,000,000 to VND 20,000,000 for enrolling less than 10 students incorrectly;

b) From VND 20,000,000 to VND 30,000,000 for enrolling between 10 and less than 30 students incorrectly;

c) From VND 30,000,000 to VND 40,000,000 for enrolling 30 or more students incorrectly.

4. Imposing a fine of from VND 10,000,000 to VND 15,000,000 for altering or tampering with documents in the application form to secure admission to vocational education programs but not reaching the level of criminal prosecution.

5. Imposing a fine of from VND 15,000,000 to VND 20,000,000 for falsifying application forms to benefit from policies for students in vocational education but not reaching the level of criminal prosecution.

6. Additional penalties: Suspension of enrollment activities for a period of three to six months for violations as stipulated in point c, Clause 2, and point c, Clause 3 of this Article.

7. Measures to remedy consequences:

a) Compel the revocation of the admission decision; compel the refund of all collected fees from the student and bear all refund costs for violations as stipulated in Clauses 1, 2, and 3 of this Article if the violation is not due to the student's fault or involves the fault of both the violator and the student;

b) Compel the revocation of admission results, academic performance, examination results, graduation certification outcomes, and the recovery of issued diplomas and certificates for violations as stipulated in Clauses 4 and 5 of this Article;

c) Compel the return of altered or tampered documents to the issuing authority for violations as stipulated in Clause 4 of this Article;

d) Compel the repayment of all support received or benefits obtained from the state budget for violations as stipulated in Clause 5 of this Article.

Section 3

VIOLATIONS CONCERNING TRAINING PROGRAMS AND TEXTBOOKS; CONTINUING EDUCATION PROGRAMS FOR VOCATIONAL TEACHERS, STANDARDS FOR PROFESSIONAL CERTIFICATIONS OF VOCATIONAL CIVIL SERVANTS; CLASS SIZE; JOINT AND JOINT TRAINING PROGRAMS

Article 12. Violations concerning the provisions on construction, examination, issuance, updating, and use of training programs and teaching materials; vocational education teacher training programs and occupational qualification standards training programs for specialized civil servants in vocational education.

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for failing to update the training program as prescribed.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for not complying with the procedures for organizing the construction, examination, and issuance of training programs and teaching materials as prescribed.

3. A fine shall be imposed for constructing and issuing training programs and vocational education teacher training programs that do not conform to the objectives, structure, content, and minimum knowledge volume as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for regular training programs as stipulated in points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law.

b) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for primary level training programs and vocational education teacher training programs for primary level teachers.

c) A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for intermediate level training programs and vocational education teacher training programs for intermediate level teachers and college-level teachers.

d) A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for college-level training programs.

4. A fine shall be imposed for failing to construct and issue training programs and teaching materials and vocational education teacher training programs as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for regular training programs as stipulated in points a, b, c, and d of Clause 1, Article 40 of the Vocational Education Law.

b) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for primary level training programs and vocational education teacher training programs for primary level teachers.

c) A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for intermediate level training programs and vocational education teacher training programs for intermediate level teachers and college-level teachers.

d) A fine of VND 40,000,000 to VND 50,000,000

shall be imposed for college-level training programs.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for failing to have sufficient training programs and teaching materials and vocational education teacher training programs.

6. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for failing to compile or select and issue occupational qualification standards training programs for specialized civil servants in vocational education based on programs issued by the Ministry of Labor, Invalids, and Social Affairs.

7. A fine shall be imposed for using inappropriate training programs for industries, occupations, and training levels approved by competent authorities in vocational education activity registration certificates, supplementary vocational education activity registration certificates, and foreign joint training activity registration certificates to organize teaching for students as follows:

a) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for primary level training programs.

b) A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for intermediate level training programs.

c) A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for college-level training programs.

8. Additional sanctions: Suspension of enrollment activities for a period of six to twelve months for violations as stipulated in Clause 7 of this Article.

9. Remedial measures:

a) Order to update, construct, and issue training programs and vocational education teacher training programs ensuring compliance with objectives, structure, content, and minimum knowledge volume as prescribed for violations as stipulated in Clauses 1, 3, and 4 of this Article;

b) Order to provide additional teaching to cover the missing minimum content and knowledge volume as prescribed for violations as stipulated in Clause 3 of this Article;

c) Order to have sufficient training programs and teaching materials and vocational education teacher training programs for violations as stipulated in Clause 5 of this Article;

d) Order to compile or select and issue occupational qualification standards training programs for specialized civil servants in vocational education as prescribed for violations as stipulated in Clause 6 of this Article;

đ) Order to cancel examination results, graduation certification, and revoke issued diplomas and certificates; order to use the correct registered vocational education training program with the competent authority for teaching students for violations as stipulated in Clause 7 of this Article.

Article 13. Violation of regulations on organizing teaching activities

1. Fine from VND 3,000,000 to VND 5,000,000 for one of the following acts:

a) Not organizing teaching activities according to the training plan, training schedule, timetable, teaching plan, lesson plans;

b) Not organizing teaching activities in accordance with the theoretical training time structure, practical training time for each subject, module within the training program.

2. Warning or fine shall be imposed for the act of not providing sufficient number of teaching hours or minimum volume of study and knowledge for subjects or modules in the training program as follows:

a) Warning shall be imposed for violations under 5% of the total number of teaching hours;

b) A fine from VND 500,000 to VND 1,000,000 shall be imposed for violations from 5% to less than 10% of the total number of teaching hours;

c) A fine from VND 1,000,000 to VND 5,000,000 shall be imposed for violations from 10% to less than 15% of the total number of teaching hours;

d) A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for violations from 15% to less than 20% of the total number of teaching hours;

đ) A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for violations of 20% or more of the total number of teaching hours.

3. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of organizing students to defend graduation theses without meeting the required conditions.

4. Additional sanctions: 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 one month to three months for acts violating Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel to provide sufficient number of teaching hours, volume of study, and minimum knowledge for subjects or modules in the training program for acts violating Clause 2 of this Article;

b) Compel to invalidate examination results, final subject/module examination results for acts violating Points d and đ of Clause 2 of this Article;

c) Compel to invalidate graduation thesis evaluation results for acts violating Clause 3 of this Article.

Article 14. Violation of regulations on class size

Fine shall be imposed for the act of arranging the number of students exceeding the prescribed class size as follows:

1. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed when the class size exceeds from 30% to less than 50%.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed when the class size exceeds 50% or more.

Article 15. Violation of regulations on joint training and cooperative training

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of organizing joint training without meeting the required conditions.

2. Fine shall be imposed for the act of violating regulations on cooperative training as follows:

a) A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of signing a cooperative training contract without all the required contents of cooperative training; rights and responsibilities of the main unit and the cooperating unit in cooperative training as prescribed;

b) A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of violating the rights and obligations of the parties involved in cooperative training as prescribed;

c) A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of cooperative training without ensuring the required conditions for cooperative training as prescribed.

3. Additional sanctions: Suspension of joint training activities for a period of from twelve months to twenty-four months for health-related professions or suspension of vocational education activities for a period of from three months to six months for other professions when there is a violation of Clause 1 of this Article.

4. Measures to remedy consequences:

a) Compel to ensure the required conditions for joint training or transfer admitted students who meet the admission requirements to another vocational education institution or revoke the admission decision, academic results, examination results, graduation recognition results, and recover the issued graduation certificates for students, refund all collected fees from students and bear all refund costs for acts violating Clause 1 of this Article; if the student cannot be identified for refund, then deposit into the state budget;

b) Compel to ensure the required conditions for cooperative training or transfer admitted students who meet the admission requirements to another vocational education institution, refund all collected fees from students and bear all refund costs for acts violating Point c of Clause 2 of this Article; if the student cannot be identified for refund, then deposit into the state budget.

Section 4

VIOLATIONS OF REGULATIONS ON EXAMINATION, TESTING, EVALUATION OF STUDY RESULTS; SAMPLES AND MANAGEMENT BOOKS FOR TRAINING

Article 16. Violation of regulations on examination, testing, organization of academic performance assessment, and recognition of graduation

1. A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed for acts of causing disturbance or threatening to use violence to obstruct participants in examinations or tests, organizers of examinations or tests, inspectors, invigilators, graders, and those providing services for examinations or tests, but not reaching the level of criminal prosecution.

2. A fine shall be imposed for violations of regulations on organizing examinations, testing, and grading according to the following levels of fines:

a) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for entering the examination or test area without permission; carrying unauthorized materials, items, or equipment into the examination room or grading area.

b) A fine of from VND 2,000,000 to VND 6,000,000 shall be imposed for doing the exam on behalf of candidates or assisting candidates in completing their exams.

c) A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed for adding or altering the content of examination papers or grades contrary to regulations, but not reaching the level of criminal prosecution.

d) A fine of from VND 8,000,000 to VND 12,000,000 shall be imposed for swapping examination papers or test papers, but not reaching the level of criminal prosecution.

đ) A fine of from VND 12,000,000 to VND 14,000,000 shall be imposed for grading examinations or tests in violation of regulations, but not reaching the level of criminal prosecution.

e) A fine of from VND 14,000,000 to VND 16,000,000 shall be imposed for taking the exam on behalf of others or accompanying others in the exam, or asking others to do the exam on their behalf or take the exam on their behalf.

3. A fine of from VND 13,000,000 to VND 15,000,000 shall be imposed for losing candidates' examination papers or test papers.

4. A fine shall be imposed for organizing examinations, testing, and assessing academic results of learners in violation of regulations according to the following levels of fines:

a) A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for violating the regulations with respect to one to five learners.

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for violating the regulations with respect to six to ten learners.

c) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for violating the regulations with respect to eleven or more learners.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for recognizing graduation for learners who have not met the required conditions for graduation as stipulated.

6. Measures to remedy consequences:

a) Compel the assurance of candidates' rights for violations specified in point c and đ clause 2 and clause 3 of this Article;

b) Compel the cancellation of examination results for violations specified in points b, d, and e clause 2 of this Article;

c) Compel the reorganization of examinations, testing, and reassessment of academic results for learners for violations specified in clause 4 of this Article;

d) Compel the cancellation of graduation recognition results for violations specified in clause 5 of this Article.

Article 17. Violation of regulations on training management forms and records

1. A warning or a fine shall be imposed for violations of regulations on training management forms and records for regular training programs as stipulated in points a, b, c, and d clause 1 Article 40 of the Vocational Education Law with the following levels of fines:

a) A warning shall be imposed for insufficient recording in training management forms and records;

b) A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for failing to record training management forms and records;

c) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to establish teacher lists, student registration forms, training plans, and student academic progress tracking records as prescribed.

2. A fine shall be imposed for insufficient recording in training management forms and records for primary, intermediate, and college levels according to the following levels of fines:

a) A fine of from VND 500,000 to VND 1,000,000 shall be imposed for primary level training management forms and records;

b) A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for intermediate level training management forms and records;

c) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for college level training management forms and records.

3. A fine shall be imposed for failing to record training management forms and records for primary, intermediate, and college levels according to the following levels of fines:

a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for primary level training management forms and records;

b) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for intermediate level training management forms and records;

c) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for college level training management forms and records.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for establishing training schedules, training plans, class timetables, attendance registers, enterprise training monitoring records, and student management registers that do not meet the prescribed content.

5. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to establish or use training schedules, training plans, class timetables, attendance registers, enterprise training monitoring records, and student management registers.

6. A fine shall be imposed for violations of regulations on managing training files and documents for college and intermediate levels according to the following levels of fines:

a) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to store files and documents that must be stored for at least one year from the date the principal signed the decision to recognize graduation.

b) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for failing to store files and documents that must be stored for at least five years from the date the principal signed the decision to recognize graduation.

c) A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for failing to store files and documents that must be stored for at least ten years from the date the principal signed the decision to recognize graduation.

d) A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for failing to store files and documents that must be stored permanently.

7. A fine shall be imposed for destroying training management forms and records for college and intermediate levels in violation of regulations but not reaching the level of criminal prosecution according to the following levels of fines:

a) A fine of from 10,000,000 VND to 20,000,000 VND for the act of destroying records and documents that must be stored for at least one year from the date the principal signs the decision recognizing graduation.

b) A fine of from 20,000,000 VND to 30,000,000 VND for the act of destroying records and documents that must be stored for at least five years from the date the principal signs the decision recognizing graduation.

c) A fine of from 30,000,000 VND to 40,000,000 VND for the act of destroying records and documents that must be stored for at least ten years from the date the principal signs the decision recognizing graduation.

d) A fine of from 40,000,000 VND to 50,000,000 VND for the act of destroying records and documents that must be stored permanently.

8. A fine of from 20,000,000 VND to 40,000,000 VND for the act of not establishing a destruction committee, not issuing a decision on destruction of records and documents, not preparing a record of destruction, and other related documents concerning the destruction of management records and documents for higher vocational education and intermediate vocational education.

9. Additional form of punishment: Revocation of the certificate of registration for vocational education activities, supplementary certificate of registration for vocational education activities for a period of from three months to six months for the violation stipulated in Clause 7 of this Article.

10. Measures to address consequences:

a) Compel the construction and recording of training management forms, ledgers in accordance with regulations for the violations stipulated in Clauses 1, 2, 3, and 4 of this Article.

b) Compel the construction and use of sufficient training management forms, ledgers in accordance with regulations for the violations stipulated in Clause 5 of this Article.

c) Compel the re-establishment and storage of training records, documents, forms, ledgers in accordance with regulations for the violations stipulated in Clauses 6 and 7 of this Article.

Section 5

VIOLATIONS OF PROVISIONS ON INTERNATIONAL COOPERATION, BUSINESS ACTIVITIES OF EDUCATIONAL CONSULTANCY SERVICES FOR STUDY ABROAD, LEARNING ABROAD, TEACHING, RESEARCH AND EXCHANGE IN VOCATIONAL EDUCATION

Article 18. Violation of provisions on the operation of representative offices of foreign vocational education organizations in Vietnam

1. A fine of from 10,000,000 VND to 20,000,000 VND for continuing operations after the expiration of the term specified in the permit to establish a representative office of a foreign vocational education organization in Vietnam.

2. A fine of from 20,000,000 VND to 30,000,000 VND for operating outside the scope recorded in the permit to establish a representative office of a foreign vocational education organization in Vietnam.

3. A fine of from 30,000,000 VND to 50,000,000 VND for operating without having been granted a permit to establish a representative office of a foreign vocational education organization in Vietnam by the competent authority.

4. Additional form of punishment: Deportation of foreigners who commit the violation stipulated in Clause 3 of this Article.

5. Measures to remedy consequences: Compel the return of illegal profits obtained into the state budget for the violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 19. Violation of provisions on joint training programs with foreign countries

1. A fine for the act of enrolling students incorrectly for the primary level joint training program according to the following fines:

a) From VND 1,000,000 to VND 3,000,000 for enrolling less than 10 students incorrectly;

b) From VND 3,000,000 to VND 5,000,000 for enrolling between 10 and less than 30 students incorrectly;

c) From VND 5,000,000 to VND 10,000,000 for enrolling 30 or more students incorrectly.

2. A fine for the act of enrolling students incorrectly for the intermediate level joint training program according to the following fines:

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

b) From VND 10,000,000 to VND 20,000,000 for enrolling between 10 and less than 30 students incorrectly;

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

3. A fine for the act of enrolling students incorrectly for the college level joint training program according to the following fines:

a) From VND 10,000,000 to VND 20,000,000 for enrolling less than 10 students incorrectly;

b) From VND 20,000,000 to VND 30,000,000 for enrolling between 10 and less than 30 students incorrectly;

c) From VND 30,000,000 to VND 40,000,000 for enrolling 30 or more students incorrectly.

4. A fine for the act of using the wrong training program of the profession, level of training approved by the competent authority in the certificate of registration for joint training with foreign countries to organize teaching for students according to the following fines:

a) A fine of from 20,000,000 VND to 30,000,000 VND for the primary level joint training program.

b) A fine of from 30,000,000 VND to 40,000,000 VND for the intermediate level joint training program.

c) A fine of from 40,000,000 VND to 50,000,000 VND for the college level joint training program.

5. A fine of from 40,000,000 VND to 50,000,000 VND for the act of using teachers who do not meet the requirements of professional qualifications or language proficiency in teaching joint training programs with foreign countries in Vietnam as prescribed.

6. A fine for the act of failing to ensure the classroom area for theoretical classes, workshops, internships, experimental production facilities for learning and teaching at the college, intermediate, and primary levels of joint training programs with foreign countries according to the following fines:

a) A fine of from 10,000,000 VND to 20,000,000 VND for failing to ensure an average area of at least 4 square meters per seat to less than 5 square meters per seat.

b) A fine of from 20,000,000 VND to 30,000,000 VND for failing to ensure an average area of at least 3 square meters per seat to less than 4 square meters per seat.

c) A fine of from 30,000,000 VND to 40,000,000 VND for failing to ensure an average area of at least 2 square meters per seat to less than 3 square meters per seat.

d) A fine of from 40,000,000 VND to 50,000,000 VND for failing to ensure an average area of at least 1 square meter per seat to less than 2 square meters per seat.

đ) A fine of from 50,000,000 VND to 60,000,000 VND for failing to ensure an average area of less than 1 square meter per seat.

7. A fine for the act of failing to ensure sufficient training equipment and tools as prescribed in the joint training program and corresponding to the scale of training of the joint training profession according to the following fines:

a) A fine of from 5,000,000 VND to 10,000,000 VND for failing to have sufficient training equipment and tools from 10% to less than 20%.

b) A fine of from 10,000,000 VND to 20,000,000 VND for failing to have sufficient training equipment and tools from 20% to less than 30%.

c) A fine of from 30,000,000 VND to 50,000,000 VND for failing to have sufficient training equipment and tools from 30% to less than 50%.

d) A fine of from 50,000,000 VND to 70,000,000 VND for failing to have sufficient training equipment and tools from 50% or more.

8. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed for continuing to engage in joint training activities during the period when such activities have been suspended or the right to use the registration certificate for joint training activities with foreign countries has been revoked.

9. Additional sanctions: Suspension of joint training activities with foreign countries for a period of from three to six months for violations stipulated in point c, clause 1, point c, clause 2, and clause 3 of this Article.

10. Measures to address consequences:

a) Compel the cancellation of admission decisions; compel the refund of all amounts collected from students and bear all costs associated with the refund for violations stipulated in clauses 1, 2, and 3 of this Article; if the student cannot be identified for the refund, then deposit the amount into the state budget.

b) Compel the cancellation of examination results, graduation recognition certificates, and the recovery of issued diplomas and certificates for violations stipulated in clause 4 of this Article; compel the use of the registered joint training program approved by the competent authority to teach students.

c) Compel the allocation and use of qualified teachers in accordance with the number and structure of joint training programs for violations stipulated in clause 5 of this Article.

d) Compel the supplementation of sufficient conditions regarding infrastructure, equipment, and teaching tools for violations stipulated in clauses 6 and 7 of this Article.

đ) Recommend the competent authority to revoke the registration certificate for joint training activities with foreign countries for violations stipulated in clause 8 of this Article.

Article 20. Violations concerning business operations of overseas study consulting services at various educational levels in vocational education.

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Providing inaccurate and untruthful advice on conditions related to the quality assessment status of training programs and foreign educational institutions; tuition fees, estimated living expenses, and related fees; living conditions, policies for part-time work as prescribed by the receiving country; difficulties, risks, and uncertainties that may arise during the study abroad process.

b) Failing to publicly display information at the headquarters and on the organization's website regarding matters related to the business operation of overseas study consulting services as prescribed.

c) Failing to report on enrollment and sending Vietnamese citizens abroad for study; failing to report on the business operation of overseas study consulting services as prescribed.

d) Failing to retain records of applications sent to send Vietnamese citizens abroad for study as prescribed.

đ) Using overseas study consultants without the required certification.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Not signing an overseas study consulting contract with individuals seeking to study abroad or their parents or legal guardians, or signing a contract that does not comply with prescribed content and principles.

b) Failing to fulfill or fully fulfill the responsibilities and obligations of the overseas study consulting service provider towards students who have been advised and sent abroad for study.

3. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following acts:

a) Delegating or leasing or lending the business registration certificate for overseas study consulting services.

b) Accepting delegation from another overseas study consulting service provider to conduct overseas study consulting services for individuals seeking to study abroad.

4. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed for continuing to organize overseas study consulting services during the suspension period.

5. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for organizing overseas study consulting services before obtaining the business registration certificate from the competent authority.

6. Additional sanctions: Suspension of overseas study consulting services for a period of from three to six months for violations stipulated in clauses 2 and 3 of this Article.

7. Measures to remedy consequences:

a) Compel the correction of false information on the violator's website for violations stipulated in point a, clause 1 of this Article.

b) Compel the public display of prescribed information for violations stipulated in point b, clause 1 of this Article.

c) Compel the implementation of reporting and retention of complete records as prescribed for violations stipulated in points c and d, clause 1 of this Article.

d) Compel the use of certified overseas study consultants as prescribed for violations stipulated in point đ, clause 1 of this Article.

đ) Compel the return of illegal gains to the state budget for violations stipulated in clauses 3, 4, and 5 of this Article.

e) Compel the refund of all amounts collected from individuals and bear all costs associated with the refund for violations stipulated in clauses 4 and 5 of this Article; if the individual cannot be identified for the refund, then deposit the amount into the state budget.

g) Recommend the competent authority to revoke the business registration certificate for overseas study consulting services for violations stipulated in clause 4 of this Article.

Article 21. Violations concerning regulations on going abroad for study, teaching, scientific research, and academic exchange at all levels of vocational education

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of making false declarations or altering documents in the application file to obtain permission to go abroad for study, teaching, scientific research, and academic exchange but not reaching the level of criminal prosecution.

2. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on the act of voluntarily dropping out of school, leaving work, or unilaterally terminating the contract during the period of being sent abroad for training or not obtaining a graduation certificate or diploma from the overseas training institution.

3. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on the act of taking advantage of going abroad for study, teaching, scientific research, and academic exchange to engage in labor activities or to remain abroad illegally without being threatened or coerced in any form and not falling under the category of criminal prosecution.

4. Measures to remedy consequences:

a) Order the return and recommend the competent authority to revoke the decision to send Vietnamese citizens abroad for study, teaching, scientific research, and academic exchange for violations stipulated in Clause 1 of this Article;

b) Order compensation for all expenses received and bear all costs of compensation as prescribed for violations stipulated in Clauses 1, 2, and 3 of this Article.

Chapter 6

VIOLATIONS OF REGULATIONS ON MANAGEMENT, ISSUANCE AND USE OF VOCATIONAL EDUCATION CERTIFICATES AND DIPLOMAS; TEACHING PROFESSIONAL CERTIFICATES AND OCCUPATIONAL PROFESSIONAL TRAINING CERTIFICATES FOR VOCATIONAL EDUCATION SPECIALISTS

Article 22. Violations concerning management and issuance of vocational education certificates and diplomas; teaching professional certificates for vocational education and occupational professional training certificates for vocational education specialists

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Not issuing a decision to approve the sample of certificates and diplomas as prescribed;

b) Not reporting the sample of certificates and diplomas to the competent authority as prescribed;

c) Issuing a decision to amend certificates and diplomas not in accordance with the prescribed procedures, formalities, contents, deadlines, and authorities;

d) Not ensuring material conditions, fire prevention equipment to store certificates and diplomas;

đ) Not implementing the issuance of copies of certificates and diplomas to students as prescribed;

e) Not establishing or establishing incomplete and inaccurate information management files for printing, using, issuing, recalling, and canceling certificate and diploma samples; not storing issuance files of certificates and diplomas as prescribed;

g) Not specifying the establishment of serial numbers and identification symbols for certificate and diploma samples to serve the purpose of confidentiality, identification, and counterfeiting prevention;

h) Printing certificate and diploma samples with incorrect content as prescribed;

i) Implementing the cancellation of certificate and diploma samples not in accordance with regulations.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Issuing certificates and diplomas or copies of certificates and diplomas not within the prescribed time limit;

b) Recalling, canceling certificates and diplomas of students not in accordance with regulations.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Fraudulently obtaining certificates and diplomas or copies of certificates and diplomas but not reaching the level of criminal prosecution;

b) Issuing certificates and diplomas to students not in accordance with the prescribed model;

c) Issuing certificates and diplomas to students beyond the prescribed authority.

4. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of not building a database system for managing certificates and diplomas.

5. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on the act of not updating vocational education certificates issued by the institution on the authorized agency's vocational education certificate search website.

6. A fine shall be imposed on the act of issuing certificates and diplomas to students not in accordance with the name of the training program or the training program not registered in the vocational education activity registration certificate, supplementary vocational education activity registration certificate, vocational education joint training activity registration certificate with foreign countries; the training program not listed in the decision on autonomous opening of training programs, decision on autonomous joint training with foreign countries; issuing certificates and diplomas to students who do not meet the graduation requirements as prescribed but not reaching the level of criminal prosecution according to the following fines:

a) A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on the violation involving less than ten students;

b) A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed on the violation involving ten to less than twenty students;

c) A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed on the violation involving twenty to less than thirty students;

d) A fine of from VND 100,000,000 to VND 120,000,000 shall be imposed on the violation involving thirty to less than forty students;

đ) A fine of from VND 120,000,000 to VND 150,000,000 shall be imposed on the violation involving forty or more students.

7. Additional forms of administrative sanction:

a) Suspension of the right to use the vocational education activity registration certificate, supplementary vocational education activity registration certificate for a period of three to six months for violations stipulated in point c, Clause 3, Clause 4 of this Article;

b) Suspension of vocational education activities for a period of six to twelve months for violations stipulated in points a and b, Clause 6 of this Article;

c) Suspension of vocational education activities for a period of twelve to eighteen months for violations stipulated in points c, d, and đ, Clause 6 of this Article.

8. Measures to remedy consequences:

a) Order approval of the sample of certificates and diplomas as prescribed for violations stipulated in point a, Clause 1 of this Article;

b) Order reporting the sample of certificates and diplomas to the competent authority as prescribed for violations stipulated in point b, Clause 1 of this Article;

c) Order issuance of a decision to amend certificates and diplomas as prescribed for violations stipulated in point c, Clause 1 of this Article;

d) Order ensuring sufficient material conditions, fire prevention equipment as prescribed for violations stipulated in point d, Clause 1 of this Article;

đ) Order implementation of issuance of copies of certificates and diplomas as prescribed for violations stipulated in point đ, Clause 1 of this Article;

e) Order to establish a record for managing the printing, security, distribution, use, recovery, cancellation, and destruction of blank certificates and diplomas, and to store records in accordance with the regulations concerning violations specified in Point e and g, Clause 1, Article of this Law;

g) Order to cancel blank certificates and diplomas for violations specified in Point h, Clause 1, Article of this Law;

Order to distribute certificates and diplomas or copies thereof in accordance with the regulations concerning violations specified in Point a, Clause 2, Article of this Law;

Order to correct false information about the revocation or cancellation of certificates and diplomas of learners not in accordance with regulations; reissue certificates and diplomas to learners and bear all costs associated with such reissuance for violations specified in Point b, Clause 2, Article of this Law;

Order to return certificates and diplomas or copies thereof to the competent authority issuing such certificates and diplomas for violations specified in Point a, Clause 3, Article of this Law;

Order to revoke and cancel issued certificates and diplomas and reissue them to learners in accordance with regulations for violations specified in Points b and c, Clause 3, Article of this Law;

Order to establish a database for managing issued certificates and diplomas for learners for violations specified in Clause 4, Article of this Law;

Order to update data on issued certificates and diplomas for learners on the official website for certificate verification for violations specified in Clause 5, Article of this Law;

Order to revoke and cancel certificates and diplomas for violations specified in Clause 6, Article of this Law;

Order to ensure the rights and interests of learners for violations specified in Clause 6, Article of this Law;

Article 23. Violations concerning the use and public disclosure of information on issuance of certificates and diplomas for vocational education;

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Using another person's certificates and diplomas or allowing others to use one's own certificates and diplomas;

b) Using certificates and diplomas that have been erased or altered to change their content.

2. Fine from 20,000,000 VND to 30,000,000 VND for failing to publicly disclose or inaccurately disclosing information on the issuance of certificates and diplomas on the institution’s electronic information website.

3. Additional sanctions: Confiscation of certificates and diplomas that have been erased or altered to change their content for violations specified in Point b, Clause 1, Article of this Law.

4. Measures to remedy consequences:

a) Order to return and recommend the competent authority to revoke certificates and diplomas for violations specified in Article of this Law;

b) Order to fully and accurately disclose information on the issuance of certificates and diplomas on the institution’s electronic information website for violations specified in Article of this Law.

Section 7

VIOLATIONS OF REGULATIONS CONCERNING TEACHERS, INSTRUCTORS AND LEARNERS

Article 24. Violations concerning the use of teachers and instructors

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Failure to enter into contracts with visiting lecturers as prescribed;

b) Assigning teachers to teach beyond the prescribed lecture hour limit.

2. Fine for using teachers and instructors who do not meet the required qualifications, standards, and levels to teach college, intermediate, basic level programs, and other vocational training programs, or whose expertise does not match the trained specialty according to the following fines:

a) Fine from 5,000,000 VND to 10,000,000 VND for using instructors for regular training programs as specified in Points a, b, c, and d, Clause 1, Article 40 of the Vocational Education Law;

b) Fine from 10,000,000 VND to 15,000,000 VND for using teachers to teach at the basic level;

c) Fine from 15,000,000 VND to 20,000,000 VND for using teachers to teach at the intermediate and college levels.

3. Measures to remedy consequences: Order to assign and use teachers who meet the required qualifications, standards, levels, and match the trained specialty for violations specified in Clause 2, Article of this Law.

Article 25. Violation of provisions on ensuring the ratio of permanent teachers

1. A fine shall be imposed for the act of not ensuring the ratio of permanent teachers according to each field, profession, and level of training as follows:

a) A fine from VND 5,000,000 to VND 10,000,000 for primary-level training;

b) A fine from VND 10,000,000 to VND 20,000,000 for secondary-level training and college-level training.

2. Measures to remedy consequences: Compel to ensure the ratio of permanent teachers teaching according to each field, profession, and level of training as prescribed for violations under Clause 1 of this Article.

Article 26. Violation of provisions on ensuring the ratio of students to teachers

1. A fine shall be imposed for the act of not ensuring the ratio of students to teachers as follows:

a) A fine from VND 5,000,000 to VND 10,000,000 for violations exceeding the student-to-teacher ratio by 30% to less than 50%;

b) A fine from VND 10,000,000 to VND 20,000,000 for violations exceeding the student-to-teacher ratio by 50% to less than 100%;

c) A fine from VND 20,000,000 to VND 40,000,000 for violations exceeding the student-to-teacher ratio by 100% or more.

2. Additional form of punishment: Suspension of vocational education activities for a period of three to six months for violations under point c, Clause 1 of this Article.

3. Measures to remedy consequences: Compel to ensure the student-to-teacher ratio as prescribed for violations under Clause 1 of this Article.

Article 27. Insulting the reputation, dignity, assaulting the body of teachers, managers, officials, staff, workers in vocational education institutions; violation of regulations on policies and provisions for teachers

1. A fine from VND 5,000,000 to VND 10,000,000 for acts of insulting the reputation, dignity, or assaulting the body of teachers, managers, officials, staff, or workers in vocational education institutions but not reaching the level requiring criminal prosecution.

2. A fine from VND 10,000,000 to VND 15,000,000 for acts violating policies concerning teachers.

3. A fine from VND 15,000,000 to VND 20,000,000 for acts of failing to conduct evaluations and classifications; failing to develop plans and organize specialized and vocational training; failing to arrange for teachers to undergo internships at enterprises or specialized agencies as prescribed.

4. Measures to remedy consequences:

a) Compel to publicly apologize to the person whose reputation or dignity has been insulted; whose body has been assaulted for violations under Clause 1 of this Article, except when the person whose reputation or dignity has been insulted or whose body has been assaulted requests not to have a public apology;

b) Compel to comply with regulations on policies and provisions concerning teachers for violations under Clause 2 and Clause 3 of this Article.

Article 28. Violation of provisions on managing student records

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Altering records and documents related to the assessment of learning outcomes of students;

b) Establishing student management records not in accordance with regulations;

c) Violating regulations on storing and preserving student records.

2. A fine from VND 10,000,000 to VND 15,000,000 for the act of improperly retaining student records and documents.

3. A fine from VND 15,000,000 to VND 20,000,000 for the act of failing to adequately manage records and documents of foreign students as prescribed.

4. Measures to remedy consequences:

a) Compel to establish, store, preserve, and manage student records and documents in accordance with regulations for violations under point b and c, Clause 1 and Clause 3 of this Article;

b) Compel to return student records and documents for violations under Clause 2 of this Article.

Article 29. Violation of provisions on the conclusion of training contracts

1. A fine shall be imposed for the act of concluding a training contract that does not fully comply with the prescribed contents according to the following levels of fines:

a) A fine from VND 1,000,000 to VND 3,000,000 for violations involving fewer than 10 students;

b) A fine from VND 3,000,000 to VND 5,000,000 for violations involving 10 to fewer than 50 students;

c) A fine from VND 5,000,000 to VND 10,000,000 for violations involving 50 to fewer than 100 students;

d) A fine from VND 10,000,000 to VND 20,000,000 for violations involving 100 to fewer than 200 students;

đ) A fine from VND 20,000,000 to VND 30,000,000 for violations involving 200 or more students.

2. A fine shall be imposed for the act of not concluding a training contract according to the following levels of fines:

a) A fine from VND 5,000,000 to VND 10,000,000 for violations involving fewer than 10 students;

b) A fine from VND 10,000,000 to VND 20,000,000 for violations involving 10 to fewer than 50 students;

c) A fine from VND 20,000,000 to VND 30,000,000 for violations involving 50 to fewer than 100 students;

d) A fine from VND 30,000,000 to VND 40,000,000 for violations involving 100 to fewer than 200 students;

đ) A fine from VND 40,000,000 to VND 50,000,000 for violations involving 200 or more students.

Article 30. Violations of regulations on disciplining students; insulting the honor, personality, and physically assaulting students; violating regulations on policies towards students

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Disciplining students in violation of regulations;

b) Insulting the honor, personality, and physically assaulting students but not to the extent of being criminally prosecuted.

2. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for violations of regulations on policies towards students.

3. Measures to remedy consequences:

a) Order the revocation of the disciplinary decision and restore the right to study of the student for violations of the provisions at point a, Clause 1 of this Article;

b) Order a public apology to the student whose honor, personality, or body was insulted or assaulted for violations of the provisions at point b, Clause 1 of this Article, except when the student or the lawful representative of the student requests no public apology;

c) Order compliance with policies towards students for violations of the provisions at Clause 2 of this Article.

Section 8

VIOLATIONS OF PROVISIONS ON MINIMUM LAND AREA, INFRASTRUCTURE, TRAINING EQUIPMENT; FINANCE; QUALITY CONTROL OF VOCATIONAL EDUCATION; EVALUATION AND ISSUANCE OF NATIONAL SKILL CERTIFICATES

Article 31. Violations of regulations on conditions regarding minimum land area, infrastructure, equipment, tools, and training facilities

1. A fine shall be imposed for the act of failing to ensure the minimum land area for vocational education institutions according to the following levels of fines:

a) A fine from VND 5,000,000 to VND 10,000,000 for failing to ensure from 10% to less than 20% of the minimum land area;

b) A fine from VND 10,000,000 to VND 20,000,000 for failing to ensure from 20% to less than 30% of the minimum land area;

c) A fine from VND 20,000,000 to VND 30,000,000 for failing to ensure from 30% to less than 50% of the minimum land area;

d) A fine from VND 30,000,000 to VND 50,000,000 for failing to ensure from 50% to less than 70% of the minimum land area;

đ) A fine from VND 50,000,000 to VND 70,000,000 for failing to ensure 70% or more of the minimum land area.

2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of failing to have sufficient infrastructure, equipment, tools, and training facilities as required by the primary level training program or the regular training program as stipulated in points a, b, c, and d, Clause 1, Article 40 of the Vocational Education Law.

3. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of failing to provide dormitories, libraries, health rooms, physical training areas as required.

4. A fine shall be imposed for the act of failing to provide sufficient office space, administrative areas, and academic offices to meet the organizational structure of departments, majors, and specialized units ensuring the minimum average area for intermediate and higher vocational training programs according to the following levels of fines:

a) A fine from VND 10,000,000 to VND 15,000,000 for failing to ensure the minimum average area for intermediate vocational training;

b) A fine from VND 15,000,000 to VND 20,000,000 for failing to ensure the minimum average area for higher vocational training.

5. A fine shall be imposed for the act of failing to ensure the minimum classroom area for theoretical classes, laboratories, practical workshops, internships, and experimental production bases for higher, intermediate, and primary vocational training programs according to the following levels of fines:

a) A fine from VND 10,000,000 to VND 20,000,000 for failing to ensure the minimum average area of at least 4.5 m2 per seat to less than 5.5 m2 per seat for higher and intermediate vocational training and from 3 m2 per seat to less than 4 m2 per seat for primary vocational training;

b) A fine from VND 20,000,000 to VND 30,000,000 for failing to ensure the minimum average area of at least 3.5 m2 per seat to less than 4.5 m2 per seat for higher and intermediate vocational training and from 2 m2 per seat to less than 3 m2 per seat for primary vocational training;

c) A fine from VND 30,000,000 to VND 40,000,000 for failing to ensure the minimum average area of at least 2.5 m2 per seat to less than 3.5 m2 per seat for higher and intermediate vocational training and from 1 m2 per seat to less than 2 m2 per seat for primary vocational training;

d) A fine from VND 40,000,000 to VND 50,000,000 for failing to ensure the minimum average area of at least 1.5 m2 per seat to less than 2.5 m2 per seat for higher and intermediate vocational training and less than 1 m2 per seat for primary vocational training;

đ) A fine from VND 50,000,000 to VND 60,000,000 for failing to ensure the minimum average area of less than 1.5 m2 per seat for higher and intermediate vocational training.

6. A fine shall be imposed for the act of failing to ensure sufficient training equipment for each vocational training program at the higher and intermediate levels according to the following levels of fines:

a) A fine of VND 5,000,000 to VND 10,000,000 for the act of not having sufficient training equipment and tools from 10% to less than 20%.

b) A fine of VND 10,000,000 to VND 20,000,000 for the act of not having sufficient training equipment and tools from 20% to less than 30%.

c) A fine of VND 30,000,000 to VND 50,000,000 for the act of not having sufficient training equipment and tools from 30% to less than 50%.

d) A fine of VND 50,000,000 to VND 70,000,000 for the act of not having sufficient training equipment and tools from 50% or more.

7. A fine shall be imposed on the act of not providing sufficient theoretical classrooms, laboratories, practical and internship rooms, production testing facilities to organize training for each vocational college and intermediate level program according to the following levels of fines:

a) A fine of VND 10,000,000 to VND 30,000,000 for the act of failing to ensure training for one to three programs.

b) A fine of VND 30,000,000 to VND 50,000,000 for the act of failing to ensure training for four to five programs.

c) A fine of VND 50,000,000 to VND 70,000,000 for the act of failing to ensure training for six or more programs.

8. Measures to remedy consequences: Compel to supplement sufficient conditions regarding land area usage, material infrastructure, training equipment, tools, and means for acts violating the provisions of Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.

Article 32. Violations concerning procurement, acceptance, and use of textbooks, teaching materials, lecture notes, reference materials, and teaching aids.

1. A fine of VND 30,000,000 to VND 50,000,000 for the act of procuring, accepting, and using textbooks, teaching materials, lecture notes, reference materials, and teaching aids containing content harmful to national defense, national security, territorial sovereignty, maritime and island territories, community interests, and world peace and security; distorting state policies, laws, opposing the Socialist Republic of Vietnam; dividing the whole people's solidarity bloc, distorting history; inciting violence, promoting war of aggression; adversely affecting culture, morality, customs and traditions; spreading superstition, religion, outdated customs, social evils but not reaching the level of criminal prosecution.

2. Additional form of punishment: Suspension of vocational education activities for a period of three to six months for violations stipulated in Clause 1 of this Article.

3. Measures to remedy consequences: Compel the destruction of sets of textbooks, teaching materials, lecture notes, reference materials, and teaching aids for violations stipulated in Clause 1 of this Article.

Article 33. Violations concerning management and use of non-official development assistance grants and aid from foreign agencies, organizations, and individuals in vocational education institutions.

1. A fine shall be imposed on violations concerning the management and use of non-official development assistance grants and aid from foreign agencies, organizations, and individuals in vocational education institutions according to the following levels of fines:

a) A fine of VND 5,000,000 to VND 10,000,000 for violations concerning procedures for solicitation and receipt of aid.

b) A fine of VND 20,000,000 to VND 40,000,000 for violations concerning management and use of aid.

2. Measures to remedy consequences: Compel repayment of funds improperly spent from the solicited aid sources for violations stipulated in Point b, Clause 1 of this Article; in cases where the organization or individual to repay cannot be identified, the funds shall be remitted to the state budget.

Article 34. Violations concerning management and use of assets; revenue and expenditure of vocational education institutions, vocational education centers - continuing education, enterprises

1. A fine shall be imposed on acts of destroying or intentionally damaging assets at private vocational education institutions, vocational education institutions with foreign investment, enterprises but not reaching the level to be criminally prosecuted according to the following levels of fines:

a) A fine from VND 1,000,000 to VND 5,000,000 for the act of intentionally damaging assets such as machinery, equipment, other assets with a book value under VND 100,000,000 per unit of asset;

b) A fine from VND 5,000,000 to VND 10,000,000 for the act of intentionally damaging assets such as machinery, equipment, other assets with a book value of VND 100,000,000 or more per unit of asset;

c) A fine from VND 10,000,000 to VND 20,000,000 for the act of intentionally damaging assets such as office premises, material facilities for organizing vocational education activities, motor vehicles.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) Collecting amounts that do not belong to service fees, charges in the field of vocational education contrary to the regulations of the competent authority;

b) Expenditure contrary to the regulations of the competent authority for expenditures not included in the state budget.

3. Measures to remedy consequences:

a) Compel restoration of the original condition of the asset that has been changed due to administrative violations; in cases where the original condition of the asset cannot be restored, it must be returned in cash or an asset with equivalent functionality and utility value compared to the original asset for violations stipulated in Clause 1 of this Article;

b) Compel repayment of the collected amount and bear all costs of organizing repayment for violations stipulated in point a of Clause 2 of this Article; in cases where the person responsible for repayment cannot be identified, the amount shall be paid into the state budget;

c) Compel payment into the state budget of the amount expended incorrectly for violations stipulated in point b of Clause 2 of this Article.

Article 35. Violations concerning quality assessment activities in vocational education

1. A fine shall be imposed on the violations of quality assessment personnel in vocational education according to the following levels of fines:

a) A fine from VND 1,000,000 to VND 3,000,000 for the act of not returning the quality assessment personnel card as decided by the competent authority;

b) A fine from VND 3,000,000 to VND 5,000,000 for the act of providing false personal information to join external evaluation teams;

c) A fine from VND 5,000,000 to VND 10,000,000 for the act of providing false information about standards and conditions for obtaining a quality assessment personnel card;

d) A fine from VND 10,000,000 to VND 15,000,000 for the act of allowing others to use or using another person's quality assessment personnel card;

đ) A fine from VND 15,000,000 to VND 20,000,000 for the act of providing inaccurate information about the results of quality assessment or arbitrarily providing information related to the content of work and assessment results of external evaluation teams without permission from the quality assessment organization or the competent authority;

e) A fine from VND 20,000,000 to VND 25,000,000 for the act of distorting the content of the external evaluation report but not reaching the level to be criminally prosecuted;

g) A fine from VND 25,000,000 to VND 30,000,000 for the act of distorting the results of external evaluation but not reaching the level to be criminally prosecuted.

2. A fine shall be imposed on the violations of organizations conducting quality assessment activities in vocational education according to the following levels of fines:

a) A fine from VND 10,000,000 to VND 15,000,000 for the act of not reporting to the competent authority when losing the certificate of qualification for quality assessment activities or not returning the certificate of qualification for quality assessment activities as decided by the competent authority;

b) A fine from VND 15,000,000 to VND 20,000,000 for the act of erasing, altering the content in the certificate of qualification for quality assessment activities but not reaching the level to be criminally prosecuted;

c) A fine from VND 30,000,000 to VND 40,000,000 for the act of falsifying documents to obtain the certificate of qualification for quality assessment activities from the competent authority but not reaching the level to be criminally prosecuted;

d) A fine from VND 40,000,000 to VND 50,000,000 for the act of failing to meet the conditions for quality assessment activities after being granted the certificate of qualification for quality assessment activities.

3. Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:

a) Not returning the certificate of meeting the standard for quality assessment of vocational education institutions or the certificate of meeting the standard for quality assessment of vocational education programs as decided by the competent authority;

b) Erasing, altering the content of documents to obtain the certificate of meeting the standard for quality assessment of vocational education institutions or the certificate of meeting the standard for quality assessment of vocational education programs from the quality assessment organization but not reaching the level to be criminally prosecuted;

c) Conducting self-assessment of vocational education quality not in accordance with prescribed procedures and formalities.

4. A fine from VND 15,000,000 to VND 20,000,000 for the act of reporting the results of self-assessment of vocational education institution quality or vocational education program quality inaccurately.

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

a) Providing false information about the conditions for conducting quality assessment of vocational education institutions, quality assessment of vocational education programs or not publicly disclosing information as prescribed;

b) Not publicly announcing the certificate of meeting the standard for quality assessment of vocational education institutions or the certificate of meeting the standard for quality assessment of vocational education programs or the results of external evaluation to obtain the certificate of meeting the standard for quality assessment of vocational education as prescribed.

6. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

a) Fraudulently submitting documents to obtain from the organization certifying the quality of vocational education a certificate of meeting the standards for certifying the quality of vocational education institutions or a certificate of meeting the standards for certifying the quality of vocational education programs, but not reaching the level of criminal prosecution;

b) Failing to conduct self-assessment of the quality of vocational education for two years or more.

7. A fine shall be imposed for violations of regulations on certifying the quality of vocational education according to the following levels of fines:

a) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for disseminating false information about the results of certifying the quality of vocational education institutions or certifying the quality of vocational education programs through mass media;

b) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for establishing an external evaluation team in violation of regulations or failing to update the database of external evaluation results into the national database on certifying the quality of vocational education or failing to store external evaluation result files and documents as prescribed;

c) A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for conducting external evaluations of vocational education institutions or vocational education programs in violation of procedures and formalities;

d) A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for certifying the quality of vocational education in an unfair and dishonest manner, resulting in certification results that are inconsistent with reality.

8. Additional forms of punishment:

a) The quality assurance evaluator's card shall be revoked for a period of six months to twelve months for violations stipulated in points b, đ, e, and g of Clause 1 of this Article;

b) Seize the quality assurance evaluator's card as evidence for violations stipulated in points c and d of Clause 1 of this Article.

9. Remedial measures:

a) Order the return of the quality assurance evaluator's card for violations stipulated in point a of Clause 1 of this Article;

b) Order the provision of complete and accurate information about the certification results, contents of external evaluation files, and external evaluation outcomes for violations stipulated in points đ, e, and g of Clause 1 of this Article;

c) Order the return of the certificate of meeting the conditions for conducting quality assurance certification of vocational education for violations stipulated in point a (except in cases where it is lost without reporting to the competent authority) and point b of Clause 2 of this Article;

d) Order the return and recommend the competent authority to revoke the certificate of meeting the conditions for conducting quality assurance certification of vocational education for violations stipulated in point c of Clause 2, points a and b of Clause 3 of this Article;

đ) Order the assurance of all conditions for conducting quality assurance certification of vocational education for violations stipulated in point d of Clause 2 of this Article;

e) Order the correction of false information about the results of self-assessment of the quality of vocational education institutions or vocational education programs for violations stipulated in Clause 4 of this Article;

g) Order the correction of false information about the conditions for conducting quality assurance certification of vocational education institutions or vocational education programs for violations stipulated in point a of Clause 5 of this Article;

h) Order the public announcement of the certificate of meeting the standards for certifying the quality of vocational education institutions or the certificate of meeting the standards for certifying the quality of vocational education programs or the external evaluation results to obtain the certificate of meeting the standards for certifying the quality of vocational education for violations stipulated in point b of Clause 5 of this Article;

i) Order the return and recommend the organization certifying the quality of vocational education to revoke the certificate of meeting the standards for certifying the quality of vocational education institutions or the certificate of meeting the standards for certifying the quality of vocational education programs for violations stipulated in point a of Clause 6 and point d of Clause 7 of this Article;

k) Order the conduct of self-assessment of the quality of vocational education for violations stipulated in point b of Clause 6 of this Article;

l) Order the correction of false information about the results of certifying the quality of vocational education institutions or vocational education programs disseminated through mass media for violations stipulated in point a of Clause 7 of this Article;

m) Order the updating of the database of external evaluation results for violations stipulated in point b of Clause 7 of this Article.

Article 36. Violation of regulations on national vocational skill assessment and certification activities

1. A fine shall be imposed for violations by national vocational skill assessors according to the following levels of fines:

a) A fine of from VND 3,000,000 to VND 5,000,000 for the act of not returning the national vocational skill assessor card as decided by the competent authority;

b) A fine of from VND 5,000,000 to VND 10,000,000 for the act of allowing others to use or using the national vocational skill assessor card of another person;

c) A fine of from VND 10,000,000 to VND 15,000,000 for the act of falsifying information in the application dossier to obtain the national vocational skill assessor card but not reaching the level of criminal prosecution;

d) A fine of from VND 10,000,000 to VND 15,000,000 for the act of conducting assessments of professional knowledge, technical skills, practical work skills, and occupational safety and health procedures of participants in national vocational skill assessments without complying with the regulations on the process of conducting assessments and issuing national vocational skill certificates as prescribed.

2. A fine shall be imposed for violations by organizations conducting national vocational skill assessments according to the following levels of fines:

a) A fine of from VND 10,000,000 to VND 15,000,000 for the act of not requesting the competent authority to reissue the certificate of operation for national vocational skill assessment and certification when lost or damaged; not returning the certificate of operation for national vocational skill assessment and certification as decided by the competent authority;

b) A fine of from VND 15,000,000 to VND 20,000,000 for the act of erasing, altering the content in the certificate of operation for national vocational skill assessment and certification but not reaching the level of criminal prosecution;

c) A fine of from VND 20,000,000 to VND 30,000,000 for the act of not publicly disclosing the conditions for ensuring the operation of national vocational skill assessment and certification as prescribed.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Not ensuring the conditions for conducting national vocational skill assessment and certification before implementing such assessments and certifications;

b) Losing the results of knowledge tests or practical test results of participants or failing to store the test results as prescribed.

4. Impose a fine of VND 40,000,000 to VND 50,000,000 for one of the following acts:

a) Falsifying the dossier to obtain the certificate of operation for national vocational skill assessment and certification from the competent authority or falsifying the results of knowledge tests or practical tests for non-participants or proposing to issue national vocational skill certificates for non-participants but not reaching the level of criminal prosecution;

b) Altering the results of national vocational skill assessment and certification but not reaching the level of criminal prosecution;

c) Not conducting national vocational skill assessment and certification activities within twenty-four months from the date of issuance of the certificate of operation for national vocational skill assessment and certification.

5. Impose a fine of VND 50,000,000 to VND 60,000,000 for one of the following acts:

a) Conducting national vocational skill assessments without ensuring the prescribed procedures and processes;

b) Failing to update data on national vocational skill certification into the system of diplomas and certificates as prescribed.

6. Additional form of administrative penalty: Revocation of the right to use the national vocational skill assessor card for six to twelve months for violations stipulated in point b, Clause 1 of this Article.

7. Measures to remedy consequences:

a) Compelling the return of the national vocational skill assessor card for violations stipulated in point a, Clause 1 of this Article;

b) Compelling the return and recommending the competent authority to revoke the national vocational skill assessor card for violations stipulated in points c and d, Clause 1 of this Article;

c) Compelling the return of the certificate of operation for national vocational skill assessment and certification to the competent authority for violations stipulated in point a (except in cases where the certificate of operation for national vocational skill assessment and certification is lost) and point b, Clause 2 of this Article;

d) Compelling the public disclosure of the conditions for ensuring the operation of national vocational skill assessment and certification for violations stipulated in point c, Clause 2 of this Article;

e) Compelling the provision of sufficient conditions to organize national vocational skill assessment and certification activities for violations stipulated in point a, Clause 3 of this Article;

f) Compelling the storage of the results of knowledge tests and practical test results of participants in national vocational skill assessments for violations stipulated in point b, Clause 3 of this Article (except in cases where the results of knowledge tests and practical test results of participants are lost);

g) Compelling the cancellation of the results of national vocational skill assessments; revoking issued national vocational skill certificates for violations stipulated in points a and b, Clause 4 of this Article;

h) Compelling the return and recommending the competent authority to revoke the certificate of operation for national vocational skill assessment and certification for violations stipulated in Clause 4 of this Article;

i) Compelling the updating of data on national vocational skill certification for violations stipulated in point b, Clause 5 of this Article.

Chapter III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND IMPOSE PENALTIES

Article 37. Competence to draw up administrative violation records

1. The persons authorized to impose administrative penalties as provided for in Articles 38, 39, 40, and 41 of this Decree.

2. Civil servants of the Department of Labor - Invalids and Social Affairs at the district level, the Department of Labor - Invalids and Social Affairs, the General Department of Vocational Education and Training, the Ministry of Labor - Invalids and Social Affairs, civil servants of ministries and ministerial-level agencies, members of the People's Army and the Public Security Force while performing their duties, inspecting, or checking vocational education in accordance with legal normative documents or administrative documents issued by competent authorities.

Article 38. Competence of the Chairpersons of People's Committees at various levels to impose penalties

1. The Chairperson of the People's Committee of communes, wards, towns (hereinafter referred to as commune level) has the authority:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding VND 20,000,000;

d) To apply measures to remedy consequences as stipulated in point a, Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. The Chairperson of the People's Committee of districts, towns, cities under provinces (hereinafter referred to as district level) has the authority:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Article 4 of this Decree.

3. The Chairperson of the People's Committee of provinces, centrally governed cities (hereinafter referred to as provincial level) has the authority:

a) To issue warnings;

b) To impose fines up to VND 150,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Article 4 of this Decree.

Article 39. Competence of specialized inspectors in the field of vocational education to impose penalties

1. Inspectors and persons assigned to perform specialized inspection tasks in the field of vocational education while performing their duties have the authority:

a) To issue warnings;

b) To impose a fine up to 1,000,000 dong;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding VND 2,000,000;

d) To apply measures to remedy consequences as stipulated in point a, Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. The Chief Inspector of the Department of Labor - Invalids and Social Affairs, the Head of the specialized inspection team of the Department of Labor - Invalids and Social Affairs, the Head of the specialized inspection team of the General Department of Vocational Education and Training have the authority:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding VND 150,000,000;

đ) To apply measures to remedy consequences as stipulated in Article 4 of this Decree.

3. The Head of the specialized inspection team in the field of vocational education of the Ministry of Labor - Invalids and Social Affairs has the authority:

a) To issue warnings;

b) To impose fines up to VND 105,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding VND 210,000,000;

đ) To apply measures to remedy consequences as stipulated in Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Labor - Invalids and Social Affairs, the Director-General of the General Department of Vocational Education and Training have the authority:

a) To issue warnings;

b) To impose fines up to VND 150,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Article 4 of this Decree.

Article 40. Competence of the Public Security Force to impose penalties

1. The Station Commander, the Team Leader of the People's Police Officers while performing their duties have the authority:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

2. The Chief of the Public Security Office at the commune level, the Chief of the Public Security Post, the Chief of the Public Security Gate Post at industrial zones, export processing zones, the Chief of the Public Security Gate Post at international airports have the authority:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding VND 5,000,000;

d) To apply measures to remedy consequences as stipulated in point a, Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The Chief of the Public Security Office at the district level, the Head of the internal security department under the Provincial Public Security Service, the Head of the administrative management department under the Provincial Public Security Service, the Head of the Public Security Office at the provincial level (Head of the internal security department, Head of the administrative management department, Head of the social order investigation department) have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To confiscate objects and means of transportation involved in administrative violations with a value not exceeding VND 60,000,000;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) To apply measures to remedy consequences as stipulated in Article 4 of this Decree, except for the measures to remedy consequences as stipulated in point e, Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The Director of the Public Security Service of provinces, centrally governed cities (hereinafter referred to as provincial level) has the authority:

a) To issue warnings;

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

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) To decide on the application of expulsion as a form of penalty;

e) To apply measures to remedy consequences as stipulated in Article 4 of this Decree, except for the measures to remedy consequences as stipulated in point e, Clause 1, Article 28 of the Law on Handling Administrative Violations.

5. The Director of the Internal Security Department, the Director of the Administrative Management Department, the Director of the Social Order Investigation Department have the authority:

a) To issue warnings;

b) To impose fines up to VND 150,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Article 4 of this Decree, except for the measures to remedy consequences as stipulated in point e, Clause 1, Article 28 of the Law on Handling Administrative Violations.

6. The Director of the Immigration Management Department has the authority:

a) To issue warnings;

b) To impose fines up to VND 150,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To decide on the application of expulsion as a form of penalty;

e) To apply measures to remedy consequences as stipulated in Article 4 of this Decree, except for the measures to remedy consequences as stipulated in point e, Clause 1, Article 28 of the Law on Handling Administrative Violations.

Article 41. Competence to impose penalties of diplomatic representative agencies, consular agencies, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad.

The Heads of Diplomatic Missions, Consular Offices, and Other Bodies Authorized to Perform Consular Functions of the Socialist Republic of Vietnam abroad have the right to:

1. To issue warnings.

2. A fine of up to 150,000,000 VND.

3. Confiscate objects and means used in committing administrative violations.

4. Apply the measures to remedy consequences prescribed in Article 4 of this Decree, except for the measures to remedy consequences prescribed in point e, Clause 1, Article 28 of the Law on Handling Administrative Violations.

Article 42. Delimitation of competence to impose administrative penalties.

1. The Chairpersons of People's Committees at all levels have the competence to impose penalties as provided for in Article 38 of this Decree and the functions, tasks, and powers delegated to them for violations stipulated in:

a) Clauses 1, 2, and 3 of Article 6; clauses 2, 3, 4, 6, 7, 8, and 9 of Article 7; Article 8; clause 1, point a and b clause 2, clause 3 of Article 10; clause 1, point a and b clause 2, point a and b clause 3, clause 4 and 5 of Article 11; clauses 1, 2, 3, 4, and 7 of Article 12; Articles 13, 14, 16, and 17; clauses 1 and 2 of Article 18; point a and b clause 1, point a and b clause 2, clauses 4, 5, 6, 7, and 8 of Article 19; Article 20; Article 21; clauses 1, 2, 3, 4, and 5 of Article 22; Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, and 34 of this Decree;

b) Clauses 4 and 5 of Article 6; clause 4 of Article 10; clause 3 of Article 18 of this Decree, except in cases where the violator is a foreigner.

2. Specialized inspectors in the vocational education sector have the competence to impose penalties as provided for in Article 39 of this Decree and the functions, tasks, and powers delegated to them for administrative violations stipulated in Chapter II of this Decree, except for violations stipulated in clauses 4 and 5 of Article 6; clause 4 of Article 10; clause 3 of Article 18 of this Decree in cases where the violator is a foreigner.

3. Competence to impose penalties of the People's Public Security

The People's Public Security has the competence to impose penalties as provided for in Article 40 of this Decree and the functions, tasks, and powers delegated to them for violations stipulated in clause 1, point a clause 2, clauses 3, 4, and 5 of Article 6; point a clause 1, clauses 2 and 3 of Article 7; clause 1, point b and d clause 3, clause 4 of Article 8; clause 1, point b and d clause 3, clause 4 of Article 9; point a and b clause 1, clauses 2, 3, and 4 of Article 10; clause 1, point a and b clause 2, point a and b clause 3, clause 4 and 5 of Article 11; clauses 1, 2, and 3 of Article 16; clause 1 and 3 of Article 18; point a and b clause 1, point a and b clause 2 and clause 8 of Article 19; clauses 3, 4, and 5 of Article 20; clause 1 and 3 of Article 21; clause 3 of Article 22; clause 1 of Article 23; clause 1 of Article 27; Article 28; clause 1 of Article 30; Article 33; clause 1 of Article 34; point b and c clause 2, point b clause 3, point a clause 6 of Article 35; point b clause 2 and clause 3 of Article 36 of this Decree.

4. The heads of diplomatic representative agencies, consular agencies, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad have the competence to impose penalties as provided for in Article 41 of this Decree and the functions, tasks, and powers delegated to them for violations stipulated in Article 21 of this Decree.

Chapter IV
IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Decree takes effect from December 12, 2022.

2. Decree No. 79/2015/NĐ-CP dated September 14, 2015 of the Government prescribing administrative penalties in the field of vocational education shall cease to be effective from the date this Decree takes effect.

Article 44. Transitional Provisions

1. For administrative violations in the field of vocational education occurring before the date this Decree takes effect but discovered afterwards or under consideration and resolution, this Decree's provisions shall apply if this Decree does not provide for legal responsibility or provides for lighter legal responsibility.

2. For decisions on administrative penalties in the field of vocational education that have been issued or fully executed before the effective date of this Decree, if individuals or organizations subject to such penalties still lodge complaints, the provisions of Decree No. 79/2015/NĐ-CP dated September 14, 2015 of the Government prescribing administrative penalties in the field of vocational education shall apply for resolution.

Article 45. Responsibility for organizing implementation

The Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for organizing the implementation of this Decree.