Nghị định 138/2013/ND-CP

DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS PERTAINING TO EDUCATION

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

Pursuant to the Law on Actions against administrative violations dated June 20, 2012;

Pursuant to the Law on Education dated June 14, 2015 and the Law on amendments to a number of articles of the Law on Education dated November 11, 2009;

Pursuant to the Law on Higher Education dated June 18, 2012;

At the request of the Minister of Education and Training;

The Government promulgates the Decree on penalties for administrative violations pertaining to education,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree deals with the violations, fines and remedial measures, the persons entitled to make violation record, impose penalties they can impose upon administrative violation pertaining to education.

Article 2. Regulated entities

1. Vietnamese organizations and individuals; foreign organizations and individuals committing the violation pertaining to education within Vietnam’s territory.

2. Persons entitled to make violation record, impose penalties and relevant organizations and individuals.

Article 3. Fines

1. The maximum fine applied to individuals is VND 50,000,000, the maximum fine applied to organizations is VND 100,000,000.

2. The fines prescribed in Chapter II of this Decree are incurred by organizations, except for the ones prescribed in Clause 5 of Article 9; Clauses 1 and 2 of Article 11; Clause 1 and Points a, b, c, d and dd Clause 3 of Article 13; Clauses 2 and 3 of Article 16; Clause 1 of Article 20 and Clause 1 of Article 22 of this Decree that are incurred by individuals.

The fine incurred by an individual is a haft the fine incurred by an organization having similar violation.

Article 4. Remedial measures

The remedial measures include:

1. Dissolve the educational institutions, organizations affiliated to educational institutions, education quality assessment organizations that are ultra vires founded.

2. Annul the documents that are ultra vires issued or have unlawful contents.

3. Discard books, textbooks, lectures, materials, teaching aids that have unconformable contents or distort, instigate violence, affect the national habits and customs.

4. Restore the exam papers, school reports, mark-books, score sheets or the documents relating to the evaluation of study and training result that are altered.

5. Take measures to ensure the benefit of the examinees whose exam paper is lost.

6. Refund to the learners the collected money and pay the refund expense; otherwise, the money collected from the violation shall be submitted to the State budget.

7. Reduce the enrolments by the excess in the previous year; move the learners to the another educational institution that has been granted permission for education activities;

8. Complete the subjects or education contents according to the educational program.

9. Complete the conditions of educator staff, facilities, teaching aids to ensure the education quality or ensure the safety conditions of education facilities.

10. Cancel the exam result, evaluation result, the result of thesis/dissertation defenses that are unconformable to the regulation; remark the exam papers, re-evaluate the final results, re-organize the thesis/dissertation defenses.

11. Annul the qualification or certificate forms unconformable to the regulations.

12. Transfer the learners who have been admitted and begun the course to another educational institution; otherwise, annul the admission decision, refund the money to learners (applied to educational institutions that have illegally enrolled learners or educational institutions subject to dissolution, permission revocation or education suspension).

Chapter 2.

VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

SECTION 1. THE VIOLATIONS AGAINST REGULATIONS ON EDUCATIONAL INSTITUTIONS ESTABLISHMENT AND EDUCATIONAL ORGANIZATION

Article 5. Violations against the regulations on the establishment of educational institutions and organizations affiliated to the educational institutions

1. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the acts of purposeful erasing or altering that falsify the contents of establishment decision or establishment permission of educational institutions.

2. With regard to the forgery of documents in the application for the establishment permission of educational institution:

a) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed on preschool educational institutions that committed the violation;

b) Fines of from VND 15,000,000 to VND 20,000,000 shall be imposed on compulsory educational institutions, continuing education centers, foreign language centers, information technology centers that committed the violation;

c) Fines of from VND 20,000,000 to VND 40,000,000 shall be imposed on vocational intermediate schools that committed the violation;

d) Fines of from VND 40,000,000 to VND 60,000,000 shall be imposed on colleges and universities that committed the violation.

3. With regard to the establishment of educational institutions without permission:

a) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed on the preschool educational institutions that committed the violation;

b) Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed on compulsory educational institutions, continuing education centers, foreign language centers, information technology centers that committed the violation;

c) Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed on vocational intermediate schools that committed the violation;

d) Fines of from VND 50,000,000 to VND 80,000,000 shall be imposed on colleges, universities and academies that committed the violation.

4. With regard to the ultra vires establishment of organization affiliated to educational institutions:

a) Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed on organizations affiliated to preschool educational institutions, compulsory educational institutions, continuing education centers that committed the violation;

b) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations affiliated to vocational intermediate schools that committed the violation;

c) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed on organizations affiliated to higher educational institutions that committed the violation.

5. Additional penalties: the right to enjoyment of establishment decision, establishment permission shall be suspended for 12 to 34 months (applied to the violations specified in Clause 2 of this Article).

6. Remedial measures:

a) Learners who have been admitted and begun the course shall be transferred to another educational institution or get the admission decision annulled and get the money refunded (applied to educational institutions that have committed the violations specified in clauses 2, 3 and 4 of this Article);

b) Educational institutions, organizations affiliated to educational institutions that commit the violations specified in Clauses 3 and 4 of this Article shall be dissolved.

Article 6. The violations against the regulations on conditions for educational organization

1. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the acts of erasing or altering that falsify the contents of education permission decision.

2. With regard to the education location other than the permitted ones:

a) Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed on preschool educational institutions that committed the violation;

b) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed on the compulsory educational institutions, continuing education centers, foreign language centers, information technology centers that committed the violation;

c) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed on vocational intermediate schools that committed the violation;

d) Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed on higher educational institutions that committed the violation;

3. With regard to the forgery of documents in the application for the education permission:

a) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for preschool education;

b) Fines of from VND 10,000,000 to VND 15,000,000 shall be imposed for compulsory education, continuing education, foreign language and information technology education;

c) Fines of from VND 15,000,000 to VND 20,000,000 shall be imposed for vocational intermediate education;

d) Fines of from VND 20,000,000 to VND 40,000,000 shall be imposed for higher education;

4. With regard to the education without permission:

a) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for preschool education;

b) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for compulsory education;

c) Fines of from VND 20,000,000 to VND 30,000,000 shall be imposed for vocational intermediate education;

d) Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for higher education, except for the cases prescribed in Point dd of this Clause;

dd) Fines of from VND 50,000,000 to VND 80,000,000 shall be imposed for the education in doctoral or master’s programs.

5. Additional penalties:

a) The right to enjoyment of education permission decision shall be suspended for 12 to 34 months (applied to the violations specified in Clause 3 of this Article);

b) The education shall be suspended for 12 to 24 months (applied to the violations specified in Clause 4 of this Article).

6. Remedial measures:

a) Learners shall be transferred to another institution that has been granted education permission (applied to the violations prescribed in Clause 2 of this Article);

b) Learners who have been admitted and begun the course shall be transferred to another educational institution or get the admission decision annulled and get the money refunded (applied to the violations specified in Clauses 3 and 4 of this Article).

Article 7. The violations against the regulations on extra-teaching

1. With regard to the violations against the regulations on extra-teaching:

a) Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed for teaching with facilities unconformable with the regulations;

b) Fines of from VND 2,000,000 to VND 4,000,000 shall be imposed for teaching the subjects unconformable with the regulations;

c) Fines of from VND 4,000,000 to VND 6,000,000 shall be imposed for teaching the contents unconformable with the regulations;

d) Fines of from VND 6,000,000 to VND 12,000,000 shall be imposed for extra-teaching without permission.

2. Additional penalties:

a) The right to enjoyment of tutorial permission shall be suspended for 6 to 12 months (applied to the violations prescribed in Points b and c Clause 1 of this Article);

b) The tutorial shall be suspended for 12 to 24 months (applied to the violations prescribed in Point d Clause 1 of this Article).

3. Remedial measures:

a) The facility conditions shall be fulfilled (applied to the violations prescribed in Point a Clause 1 of this Article);

b) Violators shall refund the money to learners and bear the expense for the refund (applied to the violations prescribed in points b, c and d Clause 1 of this Article).

SECTION 2. VIOLATIONS AGAINST THE REGULATIONS ON ENROLMENT

Article 8. Violations against the regulations on enrolment announcement, consultancy activities and the admission target determination

1. Fines of from VND 2,000,000 to VND 4,000,000 shall be impose for the announcement of insufficient information about enrolment subjects, education level, education form, education duration, education location, learner's dossier and tuition fees or the unconformity with the enrolment announcement

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for making announcement of enrolment for an international program without permission for running it in Vietnam.

3. Fines of from VND 10,000,000 to VND 15,000,000 shall be imposed for the study abroad counsel or enrolment consultancy on an international program without permission in Vietnam.

4. Fines of from VND 15,000,000 to VND 20,000,000 shall be imposed for the violations against the regulations on criteria for determining the admission target.

5. Fines of from VND 20,000,000 to VND 25,000,000 shall be imposed for the support for the enrolment for an international program without permission in Vietnam.

6. Fines of from VND 25,000,000 to VND 30,000,000 shall be imposed for the enrolment for disciplines, majors without permission.

7. Fines of from VND 40,000,000 to VND 60,000,000 shall be imposed for the organization of enrolment for an international program without permission in Vietnam.

8. Additional penalties: A foreigner that commits a violation specified in Clause 7 of this Decree shall be expelled from Vietnam.

9. Remedial measures: Learners who have been admitted and begun the course shall be transferred to another educational institution or get the admission decision annulled and get the money refunded (applied to the violations specified in clauses 6 and 7 of this Article);

Article 9. VIOLATIONS AGAINST THE REGULATION ON ENROLMENT SUBJECTS

1. With regard to the enrolment for high school education:

a) Fines of from VND 200,000 to VND 500,000 shall be imposed for the wrong enrolment of fewer than 10 learners;

b) Fines of from VND 500,000 to VND 2,000,000 shall be imposed for the wrong enrolment of 10 to 20 learners;

c) Fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the wrong enrolment of at least 20 learners;

2. With regard to the enrolment for vocational intermediate education:

a) Fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the wrong enrolment of fewer than 10 learners;

b) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the wrong enrolment of 10 to 30 learners;

c) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the wrong enrolment of at least 30 learners;

3. With regard to the enrolment for higher education:

a) Fines of from VND 5,000,000 to VND 15,000,000 shall be imposed for the wrong enrolment of fewer than 10 learners;

b) Fines of from VND 15,000,000 to VND 30,000,000 shall be imposed for the wrong enrolment of 10 to 30 learners;

c) Fines of from VND 30,000,000 to VND 50,000,000 or a 12-month suspension shall be imposed for the wrong enrolment of at least 30 learners;

4. With regard to the enrolment for doctoral or master’s program:

a) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the wrong enrolment of fewer than 5 learners;

b) Fines of from VND 20,000,000 to VND 40,000,000 shall be imposed for the wrong enrolment of 5 to 10 learners;

c) Fines of from VND 40,000,000 to VND 60,000,000 or a 12-month suspension shall be imposed for the wrong enrolment of at least 10 learners;

5. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the perjury, forgery of documents in the enrolment application to pass the entrance exam.

6. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the unconformity with the procedures prescribed in the enrolment regulations.

7. Remedial measures:

a) Violators shall annul the admission decision, refund the money to learners and pay the expense for the refund (applied to the violations prescribed in clauses 1, 2, 3 and 4 of this Article);

b) The violations prescribed in clause 5 of this Article shall get the admission decision annulled;

Article 10. Violations against the regulation regarding the admission target

1. With regard to the enrolment for vocational intermediate education exceeding the admission target defined or allocated by a competent agency:

a) Warnings or fines of from VND 200,000 to VND 500,000 shall be imposed for the excess of 5% to < 10%;

b) Warnings or fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the excess of 10% to < 15%;

c) Warnings or fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the excess of 10% to < 15%;

d) Warnings or fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the excess of ≥ 20%.

2. With regard to the enrolment for higher education and doctorial/master's program exceeding the admission target defined or allocated by a competent agency:

a) Warnings or fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the excess of 5% to < 10%;

b) Warnings or fines of from VND 5,000,000 to VND 20,000,000 shall be imposed for the excess of 10% to < 15%;

c) Warnings or fines of from VND 20,000,000 to VND 40,000,000 shall be imposed for the excess of 15% to < 20%;

d) Warnings or fines of from VND 40,000,000 to VND 60,000,000 shall be imposed for the excess of ≥ 20%;

3. Remedial measures: The enrolments shall be reduced by the excess of the previous year (applied to the violations prescribed in this Article).

SECTION 3. VIOLATIONS AGAINST REGULATIONS ON BRIDGE PROGRAM AND JOINT TRAINING PROGRAM

Article 11. Violations against regulations on time limit, contents, programs of education

1. Fines of from VND 200,000 to VND 500,000 shall be imposed for the unconformity of documents, records according to the regulations or for the failure to use teaching aids that are equipped according to the regulations.

2. With regard to the unconformity of teaching period amount to the training program of a subject:

a) Warnings shall be imposed for the violation that involves fewer than 5 teaching periods;

b) Fines of from VND 200,000 to VND 500,000 shall be imposed for the violation that involves from 5 to under 10 teaching periods;

c) Fines of from VND 500,000 to VND 1,000,000 shall be imposed for the violation that involves from 10 to under 15 teaching periods;

d) Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed for the violation that involves 15 teaching periods or more;

3. With regard to the failure to arrange sufficient teaching period in accordance with the training program of a subject:

a) Warnings shall be imposed for the violation that involves fewer than 5 teaching periods;

b) Fines of from VND 200,000 to VND 500,000 shall be imposed for the violation that involves from 5 to under 10 teaching periods;

c) Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed for the violation that involves from 10 to under 15 teaching periods;

d) Fines of from VND 2,000,000 to VND 4,000,000 shall be imposed for the violation that involves 15 teaching periods or more;

4. Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed for the adjustment of the subject contents without permission or the failure to organize the thesis defenses according to the regulation in the education program.

5. Fines of from VND 4,000,000 to VND 6,000,000 shall be imposed for the formation of evaluation board for master’s theses, doctoral dissertation when the learners have not completed the amount of curriculum according to the regulation or have not completed the theses and dissertations or the members of the evaluation board is unconformable with the regulations.

6. Fines of from VND 10,000,000 to VND 20,000,000 or a suspension for 6 to 12 months shall be imposed for the education that is carried out at unconformable time and in an unconformable form to the regulations on international education program.

7. Fines of from VND 20,000,000 to VND 30,000,000 or a suspension for 6 to 12 months shall be imposed for running an international program unconformable with the approved program.

8. Additional penalties: A suspension for 6 to 12 months shall be imposed for the violations specified in Clauses 6 and 7 of this Article.

9. Remedial measures:

a) Complete the subjects or education contents according to the educational program, reorganize the thesis/dissertation defenses (applied to the regulation in clauses 2, 3, 4 and 5 of this Article;

b) Transfer the learners who have passed the entrance exam and have fulfilled the entrance procedures to another educational institution or annul the admission decision, refund the money to learners (applied to the violations specified in Clauses 6 and 7 liable to be suspended)

Article 12. The violations against the regulations on bridge program or joint program

1. With regard to bridge program:

b) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the organization of bridge programs without sufficient conditions;

b) Fines of from VND 30,000,000 to VND 40,000,000 shall be imposed for the organization of bridge program in a particular discipline or at a particular level without being assigned by a competent authority.

2. With regard to the organization of joint program education:

a) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the entities signing the joint program education contract that provides insufficient information about the partner, place of education, form of education, duration and fees of education, expenditure on the education and responsibilities of the parties;

b) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the violation against the responsibilities of the parties;

c) Fines of from VND 20,000,000 to VND 25,000,000 shall be imposed for running joint programs to issue regular certificates against the rules;

d) Fines of from VND 25,000,000 to VND 30,000,000 shall be imposed for the joint program education with an ineligible party;

dd) Fines of from VND 30,000,000 to VND 40,000,000 shall be imposed for running joint programs without permit issued by a regulatory agency.

3. Remedial measures:

a) The learners shall be transferred to another institution that has been granted education permission (applied to the violations prescribed in Clause 2 of this Article).

b) Learners who have been admitted and begun the course shall be transferred to another educational institution or get the admission decision annulled and get the tuition fee refunded (applied to the violations specified in Point b Clause 1, Clauses d and dd Clause 2 of this Article).

SECTION 4. VIOLATIONS AGAINST THE REGULATION ON EXAMINATION AND EVALUATION

Article 13. The violations against the regulations on examination

1. Fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the disruption or threat of force that hinders the test takers and the organizers, inspectors, proctors, examiners, examination server.

2. Fines of from VND 3,000,000 to VND 6,000,000 shall be imposed for providing untrue information about the examination.

3. With regard to the violations against the examination regulations:

a) Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed on entities that bring unallowable documents, instruments to examination rooms, area for marking;

b) Warnings or fines of from VND 2,000,000 to VND 3,000,000 shall be imposed on entities that help test-takers with the test;

c) Fines of from VND 3,000,000 to VND 20,000,000 shall be imposed for impersonating examinees or illegally entering the examination room to help examinees;

d) Fines of from VND 5,000,000 to VND 7,000,000 shall be imposed for the illegal change of the content of the answer sheet or of the score.

dd) Fines of from VND 7,000,000 to VND 10,000,000 shall be imposed on entities who swap the answer sheet;

e) Fines of from VND 8,000,000 to VND 10,000,000 shall be imposed for the scoring unconformable to the regulations.

4. Fines of from VND 10,000,000 to VND 12,000,000 shall be imposed for the loss of exam paper.

5. Fines of from VND 20,000,000 to VND 50,000,000 shall be imposed for entities that reveals or loses the test questions.

6. Remedial measures:

a) Restore the answer sheets or the score that are altered (applied to the violation specified in Point d Clause 3 of this Article);

b) Take measures to ensure the benefit of the examinees whose exam paper is lost.

Article 14. VIOLATIONS AGAINST THE REGULATION ON TESTING AND EVALUATION

1. With regard to the testing and evaluation unconformable to the regulations:

a) Warnings or fines of from VND 200,000 to VND 500,000 shall be imposed for the violations at compulsory educational institutions, continuing educational institutions;

b) Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed for the violations at vocational intermediate schools;

c) Fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the violations at higher educational institutions;

2. Remedial measures: Carry out the retest, re-evaluation (applied to the violations specified in this Article)

SECTION 5. VIOLATIONS AGAINST THE REGULATIONS ON MANAGEMENT, ISSUANCE AND USE OF QUALIFICATIONS AND CERTIFICATES

Article 15. Violations against the regulations on management and issuance of qualifications and certificates

1. With regard to the violations against the regulations on management of qualifications and certificates:

a) Fines of from VND 4,000,000 to VND 8,000,000 shall be imposed for the lack of documents as the basis for issuance, management of qualifications, certificates or the illegal handling of qualification/certificate forms that are incorrectly printed;

b) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the printing of qualifications/certificates that is unconformable to the regulations;

2. With regard to the violations against the regulations on issuance of qualifications/certificates:

a) Fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the issuance of unconformable qualifications/certificates;

b) Fines of from VND 8,000,000 to VND 10,000,000 shall be imposed for the issuance of qualifications/certificates to unsatisfactory learners;

c) Fines of from VND 20,000,000 to VND 40,000,000 shall be imposed for the ultra vires issuance of qualifications/certificates;

3. Remedial measures:

a) Annul the qualification/certificate forms that are unconformable to the regulation (applied to the violations specified in Point b Clause 1 of this Article);

b) Cancel the decision on graduation recognition and issuance of degree/diploma or certificate (applied to the violations specified in Points b and c Clause 2 of this Article);

Article 16. Violations against regulations on use and publishing of information about the issuance

1. Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed for not updating and publishing the information about qualifications and certificates on home website.

2. Fines of from VND 2,000,000 to VND 8,000,000 shall be imposed on entities that use qualifications/certificates of other people or qualifications/certificates that have been erased or altered.

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the trade or use of false qualifications/certificates.

4. Fines of from VND 20,000,000 to VND 40,000,000 shall be imposed for the falsification of qualifications/certificates.

5. Additional penalties: Confiscating the exhibits and instruments for committing administrative violations against the regulations in clauses 2, 3 and 4 of this Article.

SECTION 6. THE VIOLATIONS AGAINST THE REGULATIONS TOWARD EDUCATORS AND LEARNERS

Article 17. Violations against regulations on use of educator capital

1. Fines of from VND 2,000,000 to VND 6,000,000 shall be imposed for the use of educators unconformable to the regulations concerning preschool education and compulsory education.

2. Fines of from VND 4,000,000 to VND 10,000,000 shall be imposed for the use of educators unconformable to the regulations concerning vocational intermediate education and higher education.

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for assigning educators who are not qualified in terms of professional skills and foreign language skills to run an international program.

Article 18. Violations against the regulation on the rates of teachers, full-time lecturers in the educational institutions

With regard to the violations against the regulation on the rates of teachers, full-time lecturers in the educational institutions:

1. Fines of VND 2,000,000 to VND 5,000,000 shall be imposed for the violations at compulsory educational institutions;

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the violations at vocational intermediate schools;

3. Fines of VND 10,000,000 to VND 20,000,000 shall be imposed for the violations at higher educational institutions;

Article 19. Violations against the policies on educators or violations of insulting educators and education managers

1. Fines of from VND 2,000,000 to VND 4,000,000 shall be imposed for the unconformity with the regulations on fostering for professional skills and proficient for educators.

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the violations of insulting the honor, dignity, body of educators and education managers.

Article 20. Violations against the regulation on learner’s dossier management

1. Fines of from VND 2,000,000 to VND 4,000,000 shall be imposed on people who are responsible for the alteration of school reports, mark-books, score-sheets relating to the evaluation of study result.

2. Fines of VND 4,000,000 to VND 8,000,000 shall be imposed on entities who fail to draw up learners dossiers sufficiently as prescribed in the regulations.

3. Remedial measures: Restore the school reports, mark-books, score-sheets that are altered (applied to the violation specified in Clause 1 of this Article).

Article 21. Violations against the regulations on taking disciplinary actions against learners, maltreating, insulting learners

1. Fines of from VND 2,000,000 to VND 6,000,000 shall be imposed for illegal expulsion of learners from school;

2. Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for the violations of maltreating, insulting the learners

3. Additional penalties: A suspension for 6 to 12 months shall be imposed for the violations against the regulation in Clause 2 of this Article.

4. Remedial measures: Annul the unlawful decision and revive the right to study of learner (applied to the violations specified in Clause 1 of this Article).

Article 22. The violations against the regulations on education universalization

1. Warnings or fines of from VND 200,000 to VND 500,000 shall be imposed on entities that incite learners being subjects of education universalization not to go to school or to leave school.

2. Warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed on entities that hinder learners being subjects of education universalization from going to school.

SECTION 7. VIOLATIONS AGAINST THE REGULATION ON FACILITIES, EQUIPMENT, FINANCIAL MATTERS AND OTHER QUALITY ASSURANCE CONDITIONS

Article 23. Violations on management, production, supply and use of books, textbooks, lectures, materials and teaching aids

1. Fines of from VND 4,000,000 to VND 6,000,000 shall be imposed for the use of books textbooks, lectures, materials and teaching aids unconformable to the regulations.

2. Fines of from VND 15,000,000 to VND 30,000,000 shall be imposed for the purchase, adoption of books, textbooks, lectures, materials, teaching aids that have unconformable contents or distort, instigate violence, affect the national habits and customs.

3. Fines of from VND 30,000,000 to VND 50,000,000 shall be imposed for production of teaching aids unconformable to the regulations;

4. Remedial measures: Discard books, textbooks, lectures, materials, teaching aids (applied to the violations specified in Clauses 2 and 3 of this Article).

Article 24. The violations against the regulations on fees and charges for education and other receipts

1. Violations against the regulation on fees and charge for education shall be handled according to the regulations in the Decree providing for administrative penalties pertaining to fees and charges.

2. Fines of from VND 3,000,000 to VND 5,000,000 shall be imposed for the unconformity with the regulations on receipts and expenditures;

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the illegal collection of fees and charges.

4. Remedial measures: Refund to the learners the collected money and pay the refund expense; if the refund is impossible, the money collected from the violation shall be submit to the State budget (applied to the violations specified in Clause 3 of this Article).

Article 25. Violations against the regulations on assurance of quality and safety conditions for facilities

1. With regard to the unconformity with the regulations on the ratio of learners to lecturers and the ratio of classrooms to learners:

a) Fines of from VND 5,000,000 to VND 10,000,000 shall be imposed on educational institutions whose student-lecturer ratio is 50% to 100% exceeding the norm or classroom-student ratio is only 50% to 90% of the norm.

b) Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed on educational institutions whose student-lecturer ratio is at least 100% exceeding the norm or classroom-student ratio is under 50% of the norm.

2. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for violations against the regulations on assurance of quality and safety conditions for facilities.

3. Fines of from VND 20,000,000 to VND 25,000,000 shall be imposed for the education with the number of doctors and masters unconformable with the regulations.

4. Additional penalties: A suspension for 12 to 24 months shall be imposed for the violations specified in Point b Clause 1 of this Article.

5. Remedial measures:

a) Complete the conditions of teacher staff, facilities to ensure the education quality (applied to the violations specified in Clauses 1 and 3 of this Article);

b) Complete the conditions for safety of facilities (applied to the violations specified in Clause 2 of this Article);

Article 26. The violations against the regulations on education quality assessment

1. Fines of from VND 4,000,000 to VND 8,000,000 shall be imposed for the self-evaluation of education quality unconformable to the reality.

2. Fines of from VND 8,000,000 to VND 12,000,000 shall be imposed on entities who fail to carry out the self-evaluation of education according to the regulations.

3. Fines of from VND 12,000,000 to VND 20,000,000 shall be imposed for the evaluation and publishing of education quality evaluation result unconformable to the reality.

4. With regard to the forgery of documents of the applications for foundation of education quality assessment organization:

a) Fines of from VND 20,000,000 to VND 25,000,000 shall be imposed for entities committing the violation pertaining to preschool education;

b) Fines of from VND 25,000,000 to VND 30,000,000 shall be imposed for entities committing the violation pertaining to higher education, vocational intermediate education;

5. Fines of from VND 30,000,000 to VND 40,000,000 shall be imposed for the illegal foundation of education quality assessment organization.

6. Remedial measures: Dissolve the education quality assessment organization (applied to the violation specified in Clauses 4 and 5 of this Article).

Chapter 3.

POWER TO MAKE RECORDS AND IMPOSE PENALTIES FOR ADMINISTRATION VIOLATIONS PERTAINING TO EDUCATION

Article 27. Power to make records for the violations pertaining to education

1. Persons entitled to make the records prescribed in this Article may make an administrative violation records within the duties and tasks according to the form prescribed in the regulations and shall be responsible for such records.

2. Persons entitled to make administrative violation records are:

Any person who entitled to impose penalties for administrative violations as prescribed in this Decree and is on duty;

b) Any officials who is performing the State management tasks pertaining to education.

Article 28. Entitlement to impose penalties of the President of the People’s Committees

1. Any Presidents of the People’s Committees of communes is entitled to:

Impose warnings;

b) Impose fines of not exceeding VND 5,000,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments serving the administrative violations that not exceeding the maximum penalty prescribed in Point b of this Clause.

2. Any Presidents of the People’s Committees of districts is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 50,000,000 for each violation prescribed in Chapter II of this Decree

c) Revoke the right to enjoyment of operation licenses, practice certificates for a definite time or suspend the operation for a definite time (applied to intra vires organizations and individuals); confiscate the exhibits and instruments for committing the administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause.

d) Adopt the remedial measures prescribed in Article 4 Chapter I of this Decree.

3. Any Presidents of the People’s Committees of provinces is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 100,000,000 for each violation prescribed in Chapter II of this Decree;

c) Revoke the right to enjoyment of operation licenses and practice certificates for a definite time or suspend the operation for a definite time (applied to the intra vires organizations and individuals);

d) Confiscate the exhibits and instruments for committing administrative violations;

e) Adopt the remedial measures prescribed in Article 4 Chapter I of this Decree.

Article 29. Power to impose penalties of inspection

1. Any inspector who is on duty is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 500,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments for administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause.

2. Any Chief Inspectors of Services of Education and Training is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 50,000,000 for each violation prescribed in Chapter II of this Decree;

c) Revoke the right to enjoyment of operation licenses, practice certificates for a definite time or suspend the operation for a definite time;

d) Confiscate the exhibits and instruments serving the administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause;

e) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

3. Head of the inspectorate of Services is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 5,000,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments serving administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause;

d) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

4. Head of the inspectorate of Ministries is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 70,000,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments serving administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause;

d) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

5. Any Chief Inspectors of Ministries/ministerial-level agencies is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 100,000,000 for each violation prescribed in Chapter II of this Decree;

c) Revoke the right to enjoyment of operation licenses, practice certificates or suspend the operation for a definite time;

d) Confiscate the exhibits and instruments for committing administrative violations;

e) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

Article 30. Expelling

Any foreigners who commits any administrative violations prescribed in Clause 7 Article 8 of this Decree which is liable to expulsion from Vietnam shall be handled according to the Decree of Government on impoundment and escort under administrative procedures and suffer the penalty according to administrative procedures.

Chapter 4.

IMPLEMENTATION

Article 31. Effect

1. This Decree takes effect on December 10, 2013

2. This Decree annuls the Decree No. 49/2005/NĐ-CP dated April 11, 2005 by the Government and the Decree No. 40/2011/NĐ-CP dated June 08, 2011 by the Government.

Article 32. Transitional provisions

With regard to administrative violations against the regulations on education that are committed before July 01, 2013 and discovered afterwards, the regulations that are more favorable to the offenders shall be applied.

Article 33. Responsibilities

The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree./.