Nghị định 79/2015/ND-CP

Decree No. 79/2015/ND-CP dated September 14, 2015, penalties for administrative violations against regulations on vocational education

Nội dung toàn văn Decree No. 79/2015/ND-CP penalties for administrative violations against regulations on vocational education


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 79/2015/ND-CP

Hanoi, September 14, 2015

 

DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON VOCATIONAL 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 Employments dated November 16, 2013;

Pursuant to the Law on Vocational education dated November 27, 2014;

At the request of the Minister of Labor, War Invalids and Social Affairs,

The Government promulgates a Decree on penalties for administrative violations against regulations on vocational education

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with violations, penalties, fines, remedial measures; the power to impose penalties against administrative violations against regulations on vocational education; assessment and issuance of national vocational diplomas

Article 2. Regulated entities

1. Vietnamese organizations and individuals (hereinafter referred to as entities); foreign entities committing administrative violations against regulations on vocational education, assessment and issuance of national vocational diplomas

2. The persons entitled to impose penalties for administrative violations and relevant entities.

3. This Decree does not apply to officials and civil servants who commit administrative violations during the performance of their duties and regulatory agencies that commit violations pertaining to their duties.

4. Point b Clause 7 Article 25 of this Decree shall not be applied to imposition of administrative violations committed by press agencies.

Penalties for administrative violations committed by press agencies shall comply with Article 8 of the Government's Decree No. 159/2013/ND-CP dated November 12, 2013 on penalties for administrative violations against regulations on journalism and publishing.

Article 3. Remedial measures

Apart from the remedial measures in Points a, b, c, d, dd, e, g, h, i of Clause 1 Article 28 of the Law on Actions against administrative violations, any entity committing administrative violations against regulations on vocational education might be compelled to take one or some remedial measures mentioned in Article 5, Clause 9 Article 6, Clause 2 Article 7, Clause 7 Article 8, Clause 5 Article 9, Clause 8 Article 10, Clause 2 Article 11, Clause 5 Article 12, Clause 2 Article 13, Clause 2 Article 14, Clause 8 Article 15, Clause 6 Article 16, Clause 7 Article 17, Clause 3 Article 18, Clause 2 Article 19, Clause 2 Article 20, Clause 3 Article 21, Clause 2 Article 22, Clause 2 Article 23, Clause 5 Article 24, Clause 9 Article 25, Clause 7 Article 26, Clause 3 Article 27, Clause 3 Article 28 of this Decree.

Article 4. Fines incurred by individuals and organizations

1. The maximum fine for a violation against regulations on vocational education incurred by an individual is VND 75,000,000; that incurred by an organization is VND 150,000,000.

2. The fines in Chapter II of this Decree are applied to organizations, except for those in Clause 1 and Clause 2 Article 8; Clause 1, Points a, b, c, d, D Clause 2, Clause 3, Clause 4 and Clause 5 Article 15; Clauses 2, 3, 4 and 5 Article 17; Clause 1 Article 24; Clauses 1, 2 and 6 Article 25; Clause 1, Clause 2, Point a Clause 4 Article 26 of this Decree, which are applied to individuals.

The fine incurred by an organization is twice as much as the fine incurred by an individual for the same violation.

3. The maximum fines imposed by the persons mentioned in Chapter III of this Decree are incurred by individuals; the maximum fines they may impose upon organizations are twice as much as the fines incurred by individuals.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES

Section 1. Violations against regulations on establishment of institutions of vocational education, vocational education quality control organizations, and vocational education organizations.

Article 5. Violations against regulations on establishment and permission for establishment of institutions of vocational education; vocational education quality control organizations

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to return the decision on establishment or decision to permit establishment of the institution/organization under the decision on revocation of a competent authority.

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

a) Falsifying the content of the decision on establishment or decision to permit establishment of the institution/organization;

b) Forging documents to establish/obtain permission for establishment of the vocational education institution or vocational education quality control organization.

3. Fines for establishing a vocational education institution or vocational education quality control organization without permission by a competent authority:

a) From VND 40,000,000 to VND 60,000,000 if the institution/organization established is a vocational education center or vocational education quality control organization;

b) From VND 60,000,000 to VND 80,000,000 if the institution is a vocational secondary school;

c) From VND 80,000,000 to VND 100,000,000 if the institution is a college.

4. Remedial measures:

a) Revoke the decision on establishment or decision to permit establishment of the vocational education institution or vocational education quality control organization if any of the violations mentioned in Point a Clause 2 of this Article is committed;

b) Destroy the decision on establishment of the vocational education institution or vocational education quality control organization if any of the violations mentioned in Point b Clause 2 of this Article is committed;

c) Transfer illegal benefits obtained from the violations mentioned in Point b Clause 2 and Clause 3 of this Article to state budget;

d) Refund collected amounts to the payers if any of the violations in Point b Clause 2 and Clause 3 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable;

dd) Transfer the learners to another vocational education institution or cancel the decision on admission, return the tuition fees to the learners if they cannot be transferred to another vocational education institution if any of the violations in Point b Clause 2 and Clause 3 of this Article is committed;

e) Revoke qualifications/certificates if any of the violations mentioned in Clause 3 of this Article is committed.

Article 6. Violations against regulations on registration of vocational education activities

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to return the certificate of registration of vocational education activities or certificate of registration of additional vocational education activities on schedule under the decision on revocation of a competent authority.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for falsifying the certificate of registration of vocational education activities or certificate of registration of additional vocational education activities.

3. Fines for doing vocational education activities outside the location written on the certificate of registration of vocational education activities or certificate of registration of additional vocational education activities:

a) From VND 5,000,000 to VND 10,000,000 if the institution is a vocational education center;

b) From VND 10,000,000 to VND 20,000,000 if the institution is a vocational secondary school;

c) From VND 20,000,000 to VND 30,000,000 if the institution is a college.

4. Fines for forging documents in the application for registration of vocational education:

a) From VND 5,000,000 to VND 10,000,000 if the institution is a vocational education center;

b) From VND 10,000,000 to VND 20,000,000 if the institution is a vocational secondary school;

c) From VND 20,000,000 to VND 30,000,000 if the institution is a college.

5. Fines for failure to register additional vocational education activities when increasing the capacity of each discipline or vocation compared to the certificate of registration of vocational education activities:

a) From VND 10,000,000 to VND 20,000,000 if the violations is from 10% to under 20%;

b) From VND 20,000,000 to VND 30,000,000 if the violations is from 20% to under 30%;

c) From VND 30,000,000 to VND 40,000,000 if the violations is from 30% to under 40%;

d) From VND 30,000,000 to VND 40,000,000 if the violations is 40% or above.

6. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for failure to apply for registration of vocational education activities in any of the following cases:

a) Addition of a discipline, vocation, or level of training;

b) Partial division, full division, merger, or consolidation of the vocational education institution;

c) Change of governing body or investor of the vocational education institution;

d) Relocation of the headquarter or campus of the training institution;

dd) Establishment of a new campus of institution;

e) Cooperate with another organization or individual in vocational education.

7. Fines for admission of students and provision of training without the certificate of registration of vocational education activities issued by a competent authority:

a) From VND 40,000,000 to VND 60,000,000 if the institution is a vocational education center;

b) From VND 60,000,000 to VND 80,000,000 if the institution is a vocational secondary school;

c) From VND 80,000,000 to VND 100,000,000 if the institution is a college.

8. Additional penalties: Vocational education activities shall be suspended for 01 to 03 months if any of the violations mentioned in Clause 7 of this Article is committed.

9. Remedial measures:

a) Return the certificate of registration of vocational education activities or certificate of registration of additional vocational education activities if any of the violations mentioned in Clause 1 of this Article is committed;

b) Transfer illegal benefits obtained from the violations mentioned in Clause 2 of this Article to state budget;

c) Restore the right to study of learners, return collected amounts to learners if any of the violations mentioned in Clause 4 and Clause 7 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable;

d) Transfer learners to the establishment where vocational education is permitted if any of the violations mentioned in Clause 3 of this Article is committed;

dd) Revoke and destroy the certificate of registration of vocational education activities, certificate of registration of additional vocational education activities if any of the violations mentioned in Clause 4 of this Article is committed.

Article 7. Violations against regulations on organization and operation of vocational education institution

1. Fines for failure to issue the Statute on organization and operation of the vocational education institution:

a) From VND 3,000,000 to VND 5,000,000 if the institution is a vocational education center;

b) From VND 5,000,000 to VND 10,000,000 if the institution is a vocational secondary school;

c) From VND 10,000,000 to VND 15,000,000 if the institution is a college.

2. Remedial measures: Issue the Statute on organization and operation of the vocational education institution if any of the violations mentioned in Clause 1 of this Article is committed.

Section 2. VIOLATIONS AGAINST REGULATIONS ON ADMISSIONS

Article 8. Violations against regulations on enrolment

1. A warning or fines of from VND 300,000 to VND 500,000 shall be imposed for providing false information in the application for enrolment.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for assisting in provision of false info in the application for enrolment.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for announcing enrolment without sufficient information or failure to adhere to announcement of enrolment.

4. A warning or fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for violations against regulations on criteria for determination of enrolment target.

5. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for announcing enrolment in any shape or form without the certificate of registration of vocational education activities issued by a competent authority.

6. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for receiving applications, holding examinations without the certificate of registration of vocational education activities issued by a competent authority.

7. Remedial measures:

a) Cancel the enrolment result or decisions on admissions if any of the violations mentioned in Clause 6 of this Article is committed;

b) Return collected amounts to learners if any of the violations mentioned in Clause 6 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable;

c) Announce termination of enrolment through mass media if any of the violations mentioned in Clause 5 and Clause 6 of this Article is committed.

Article 9. Violations against admission targets

1. Fines for admitting improper learners at the primary level:

a) From VND 300,000 to VND 500,000 if the violation involves fewer than 10 learners;

b) From VND 500,000 to VND 2,000,000 if the violation involves 10 – 19 learners;

c) From VND 2,000,000 to VND 5,000,000 if the violation involves 20 learners or more.

2. Fines for admitting improper learners at the intermediate level:

a) From VND 2,000,000 to VND 5,000,000 if the violation involves fewer than 10 learners;

b) From VND 5,000,000 to VND 10,000,000 if the violation involves 10 – 19 learners;

c) From VND 10,000,000 to VND 20,000,000 if the violation involves 20 learners or more.

3. Fines for admitting improper learners at the college level:

a) From VND 5,000,000 to VND 10,000,000 if the violation involves fewer than 10 learners;

b) From VND 10,000,000 to VND 20,000,000 if the violation involves 10 – 19 learners;

c) From VND 20,000,000 to VND 30,000,000 if the violation involves 20 learners or more.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to adhere to regulations on admission.

5. Remedial measures: Cancel decisions on admission, return collected amounts to learners if any of the violations mentioned in Clause 1, Clause 2, and Clause 3 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable.

Section 3. VIOLATIONS AGAINST THE LAWS ON TRAINING PROGRAMS, CAPACITY OF CLASSES; BRIDGE PROGRAMS EDUCATIONAL ASSOCIATION  

Article 10. Violations against regulations on training programs

1. Fines for insufficient teaching hours of a subject or module according to the training program:

a) From VND 300,000 to VND 500,000 if the violation involves less than 5% of teaching hours;

a) From VND 500,000 to VND 1,000,000 if the violation involves from 5% to less than 10% of teaching hours;

c) From VND 1,000,000 to VND 3,000,000 if the violation involves from 10% to less than 15% of teaching hours;

d) From VND 3,000,000 to VND 5,000,000 if the violation involves from 15% to less than 20% of teaching hours;

dd) From VND 3,000,000 to VND 5,000,000 if the violation involves from 15% to less than 20% of teaching hours;

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

a) Failure to make a training schedule, training plan, plan for assignment of teachers/lecturers;

b) Failure to use or training management forms and books, or use of incorrect ones.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to adhere to regulations on procedures for formulation, appraisal, and issuance of training programs.

4. Fines for issuance training programs with incorrect targets, scope, and structure:

a) From VND 10,000,000 to VND 15,000,000 if the institution is a vocational education center;

b) From VND 15,000,000 to VND 20,000,000 if the institution is a vocational secondary school;

c) From VND 20,000,000 to VND 25,000,000 if the institution is a college.

5. A fine of from VND 3,000,000 to VND 5,000,000 shall be changing the content of a subject or module without permission, failure to organize a graduation thesis defense as prescribed by the vocational education program.

6. A fine of from VND 10,000,000 to VND 20,000,000 or suspension for 6 – 12 months shall be imposed for running a foreign vocational education programs with incorrect time or form.

7. A fine of from VND 20,000,000 to VND 30,000,000 or suspension for 6 – 12 months shall be imposed for running a foreign vocational education programs against the program in the application for registration of vocational education activities.

8. Remedial measures:

a) Formulate a training schedule, training plan, plan for assignment of teachers/lecturers, use training management forms and books as prescribed if any of the violations mentioned in Clause 2 of this Article is committed;

b) Rectify the vocational education program if any of the violations mentioned in Clause 4 of this Article if committed;

c) Make up the teaching hour deficiency; organize graduation thesis defense if any of the violations mentioned in Clause 1 and Clause 5 of this Article is committed;

d) Transfer the admitted learners to another vocational education institution or cancel the decision on admission, return the tuition fees to the learners if they cannot be transferred to another vocational education institution in case any of the violations in Point b Clause 6 and Clause 7 of this Article leads to suspension of the training institution.

Article 11. Violations against regulations on class capacity

1. Fines for exceeding the limits on number of learners in a class:

a) From VND 1,000,000 to VND 3,000,000 if the number of learner in a class exceeds the limit less than 15%;

b) From VND 3,000,000 to VND 5,000,000 if the number of learner in a class exceeds the limit from 15% to less than 30%;

c) From VND 5,000,000 to VND 10,000,000 if the number of learner in a class exceeds the from 30% and above;

2. Remedial measures: Reduce the number of learners in a class according to regulations if any of the violations mentioned in Clause 1 of this Article is committed.

Article 12. Violations against regulations on bridge programs and educational association in vocational education

1. Fines for violations against regulations on bridge programs:

a) From VND 10,000,000 to VND 20,000,000 for running a bridge program without satisfying all conditions;

b) From VND 30,000,000 to VND 40,000,000 for running a bridge program without permission by a competent authority.

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

a) Using a foreign training program whose quality is not certified by a competent authority;

b) Failure to post sufficient information about the educational association programs, partners, location, form of training, time of training, tuition fees, budget, and responsibilities of partners on the website of the training institution.

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

a) Engaging in educational association with a foreign educational institution whose quality is not certified by a quality control organization or a competent authority;

b) Engaging in educational association with a foreign educational institution to provide training in a discipline or vocation that is not on the list of disciplines and vocations permitted for educational association in Vietnam.

c) Engaging in educational association without permission by a competent authority;

d) Engaging in educational association without satisfactory classrooms, equipment, and teaching staff;

dd) Engaging in educational association without signing an educational association contract; signing the educational association contract after the training program is run;

e) Engaging in educational association with an entity without legal status.

4. Additional penalties: Educational association in vocational education shall be suspended for 1 – 3 months if any of the violations mentioned in Point a Clause 2 and Clause 3 of this Article is committed.

5. Remedial measures:

a) Transfer the admitted learners to another vocational education institution or cancel the decisions on admissions, return collected amounts to the learners if any of the violations in Clause 1, Point a Clause 2, and Clause 3 of this Article is committed; collected amounts shall be transferred to state budget if the learners are not identifiable;

b) Provide sufficient and accurate information about the vocational education association program if any of the violations mentioned in Point b Clause 2 of this Article is committed;

c) Conclude an educational association contract if the violation mentioned in Point dd Clause 3 of this Article is committed.

Article 13. Violations against regulations on training contract conclusion

1. Fines incurred by vocational education institution that fails to conclude a training contract or concludes a training contract without sufficient information:

a) From VND 10,000,000 to VND 20,000,000 if the violation involves fewer than 10 learners;

b) From VND 3,000,000 to VND 5,000,000 if the violation involves 10 – 50 learners;

c) From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 learners;

d) From VND 10,000,000 to VND 20,000,000 if the violation involves 101 – 500 learners;

dd) From VND 10,000,000 to VND 20,000,000 if the violation involves more than 500 learners.

2. Remedial measures: conclude the training contract or concludes a training contract with sufficient information as prescribed.

Section 4. VIOLATIONS AGAINST REGULATIONS ON EXAMINATION AND ASSESSMENT OF TRAINING RESULTS

Article 14. Violations against regulations on assessment of learners’ performance

1. Fines for failure to comply with regulations on assessment, ranking, or falsifying result of the semester, school year, score, subject, module, or credits:

a) From VND 1,000,000 to VND 3,000,000 if the violation involves 1 – 4 learners;

b) From VND 3,000,000 to VND 5,000,000 if the violation involves 5 – 9 learners;

c) From VND 5,000,000 to VND 10,000,000 if the violation involves 10 learners or more.

2. Remedial measures: Reassess the learners’ performance if any of the violations mentioned in Clause 1 of this Article is committed.

Article 15. Violations against regulations on examinations and recognition of graduation

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Grading papers against the answers or the rubric;

b) Making a transcript that is inconsistent with the examination result.

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

a) Taking the exam for another learner; assisting another learner in the exam;

b) Bringing illegal documents, devices, or information in the examination room;

c) Doing the exam for another learner or assisting another learner in doing his/her exam;

d) Revealing the code of the exam paper;

dd) Changing content of the exam paper or given grade;

e) Organizing grading of exam papers against regulations.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for swapping exam papers or assisting another person in swapping exam papers.

4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for losing exam papers.

5. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for revealing questions or losing exam topics.

6. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for recognizing graduation of unqualified learners as prescribed.

7. Additional penalties:

a) Annul the transcript if any of the violations mentioned in Point b Clause 1 of this Article is committed;

b) Confiscate the items used for committing the violations mentioned in Point b Clause 2 of this Article is committed.

8. Remedial measures:

a) Regrade the exam papers in accordance with the answers and rubric if the violation mentioned in Point a Clause 1 of this Article is committed;

b) Restore the initial content of the exam paper if the violation mentioned in Point dd Clause 2 of this Article is committed;

c) Hold another examination if any of the violations mentioned in Clause 4 of this Article is committed;

c) Cancel the graduation result of unqualified learners if any of the violations mentioned in Clause 5 of this Article is committed.

Section 5. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT, ISSUANCE AND USE OF VOCATIONAL EDUCATION QUALIFICATIONS

Article 16. Violations against regulations on management, issuance and use of vocational education qualifications

1. A fine of from VND 300,000 to VND 500,000 shall be imposed for failure to present the original or copy or failure to certify the validity of vocational education qualifications issued.

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

a) Failure to make documents or making incomplete documents to issue and manage vocational education qualifications;

b) Issuing vocational education qualifications not conformable with the template certified by a competent authority.

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

a) Printing vocational education qualification templates without using prescribed design;

b) Issuing vocational education qualifications ultra vires.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for issuing vocational education qualifications to unqualified learners.

5. Additional penalties: Suspend the certificate of registration of vocational education activities or certificate of registration of additional vocational education activities for 1 – 3 months if any of the violations mentioned in Clause 4 of this Article is committed.

6. Remedial measures:

a) Issue the original or copy or failure to certify the validity of vocational education qualifications issued if any of the violations mentioned in Clause 1 of this Article is committed;

b) Destroy the printed vocational education qualification template if the violation mentioned in Point a Clause 3 of this Article is committed;

c) Revoke the vocational education qualifications issued if the violation mentioned in Point b Clause 2 or Point b Clause 3 of this Article is committed;

d) Cancel the decision to on graduation recognition and revoke vocational education qualifications issued if any of the violations mentioned in Clause 4 of this Article is committed.

Article 17. Violations against regulations on use and publishing of information about issuance of vocational education qualifications

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to update and publish information about issuance of vocational education qualifications on the website or at the headquarter, campuses of the vocational education institution.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for allowing another person to use one’s vocational education qualification or using vocational education qualification of another person.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for using a vocational education qualification that is falsified but is not liable to criminal prosecution.

4. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for buying, selling, using forged vocational education qualifications that is not liable to criminal prosecution.

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for forging vocational education qualifications that is not liable to criminal prosecution.

6. Additional penalties: Exhibits of violations shall be confiscated if any of the violations mentioned in Clause 3, Clause 4, and Clause 5 of this Article is committed.

7. Remedial measures: Return the vocational education qualification to its owner if any of the violations mentioned in Clause 2 of this Article is committed.

Section 6. VIOLATIONS AGAINST REGULATIONS ON TEACHING STAFF, EDUCATIONAL MANAGER, AND LEARNERS

Article 18. Violations against regulations on management of learners’ profiles

1. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed if the gradebooks, transcripts or documents related to assessment of learners' performance are falsified.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to make learners’ profiles or making incomplete learners’ profiles.

3. Remedial measures:

a) Restore the initial content of the documents if the violation mentioned in Clause 1 of this Article is committed;

b) Make complete learners’ profiles if any of the violations mentioned in Clause 2 of this Article is committed.

Article 19. Violations against regulations on expulsion of learners

1. Fines for expelling learners against regulations:

a) From VND 1,000,000 to VND 3,000,000 if the violation involves fewer than 3 learners;

b) From VND 3,000,000 to VND 5,000,000 if the violation involves 3 – 4 learners;

c) From VND 5,000,000 to VND 10,000,000 if the violation involves 05 learners or more.

2. Remedial measures: Cancel the decision on expulsion; restore the learners’ right to study if any of the violations mentioned in Clause 1 of this Article is committed.

Article 20. Violations against regulations on maintenance of ratio of full-time teachers/lecturers in the vocational education institution

1. Fines for violations against regulations on ratio of full-time teachers/lecturers in the vocational education institution:

a) From VND 5,000,000 to VND 10,000,000 if the institution is a vocational education center;

b) From VND 10,000,000 to VND 20,000,000 if the institution is a vocational secondary school;

c) From VND 20,000,000 to VND 30,000,000 if the institution is a college.

2. Remedial measures: Hire more full-time teachers/lecturers to maintain the mandatory ratio.

Article 21. Violations against regulations on employment of teachers/lecturers

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for each teacher/lecturer that is requested to teach overtime exceeding 1/2 of the standard number of hours per school year; for each educational manager that is requested to teach overtime exceeding 1/3 of the standard number of hours per school year.

2. Fines for employing unqualified teachers/lecturers:

a) From VND 10,000,000 to VND 15,000,000 if the institution is a vocational education center;

b) From VND 15,000,000 to VND 20,000,000 if the institution is a vocational secondary school;

c) From VND 20,000,000 to VND 30,000,000 if the institution is a college.

3. Remedial measures: Hire qualified teachers/lecturers if any of the violations mentioned in Clause 2 of this Article is committed.

Article 22. Violations against regulations on benefits for teachers/lecturers

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to adhere to regulations on provision of refresher courses and time for internship at enterprises for teachers/lecturers.

2. Remedial measures: Adhere to regulations on provision of refresher courses and time for internship at enterprises for teachers/lecturers.

Section 7. VIOLATIONS AGAINST REGULATIONS ON FACILITIES, EQUIPMENT, FINANCE, CONDITIONS FOR ASSURANCE OF VOCATIONAL EDUCATION QUALITY, AND OTHER VIOLATIONS AGAINST REGULATIONS ON VOCATIONAL EDUCATION

Article 23. Violations against regulations on use of teaching materials

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for using unconformable teaching materials.

2. Remedial measures: Hire qualified teachers/lecturers if any of the violations mentioned in Clause 1 of this Article is committed.

Article 24. Violations against regulations on facilities and equipment

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the acts that cause damage to facilities and equipment of the vocational education institution.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to have a library, medical room, and workout area as prescribed.

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to have sufficient area for classrooms, labs, workshops, experiment areas, etc. as prescribed.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to have mandatory training equipment.

5. Remedial measures:

a) Compensate the damage to facilities and equipment if any of the violations mentioned in Clause 1 of this Article is committed;

b) Provide sufficient facilities and equipment if any of the violations mentioned in Clause 2, Clause 3, and Clause 4 of this Article is committed.

Article 25. Violations against regulations on vocational education quality assessment

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for failure to return the vocational education quality assessor’s card under the decision on revocation of a competent authority.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for provision of incorrect information about eligibility for issuance of a vocational education quality assessor’s card.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to return the decision on establishment or decision to permit establishment of the vocational education quality assessment organization on schedule according to the decision on revocation of a competent authority.

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

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

a) Provision of false information in order to carry out inspections of vocational education institutions or vocational education programs;

b) Failure to return the quality assessment certificate of the vocational education institution or vocational education program under the decision on revocation of a competent authority;

c) The vocational education institution granted the certificate of satisfactory vocational education quality fails to carry out internal quality assessment as prescribed.

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

a) Allowing another person to use one’s assessor’s card or using another’s assessor’s card;

b) Providing information about assessment result improperly;

c) Falsifying the report on internal assessment of education quality;

d) Falsifying the result of education quality assessment given by the assessors.

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

a) Using a forged education quality assessment certificate or forged vocational education program quality assessment certificate;

b) Providing false information about the result of quality assessment of the vocational education institution or vocational education program on the mass media.

8. Additional penalties: The education quality assessor’s card shall be suspended for 6 - 12 months if any of the violations mentioned in Clause 6 of this Article is committed.

9. Remedial measures:

a) Return the education quality assessor’s card if any of the violations mentioned in Clause 1 and Clause 2 of this Article is committed;

b) Return the decision on establishment or decision to permit establishment of the vocational education quality assessment organization if any of the violations mentioned in Clause 3 of this Article is committed;

c) Return the vocational education quality assessment certificate or quality assessment certificate of the vocational education program if the violation in Point b Clause 5 of this Article is committed;

d) Make a complete and accurate report on vocational education quality assessment if any of the violations mentioned in Point c and Point d Clause 6 of this Article;

dd) Make a rectification on the mass media if the violation mentioned in Point b Clause 7 of this Article is committed;

e) Destroy the decision on establishment or decision to permit establishment of the vocational education quality assessment organization if any of the violations mentioned in Clause 4 of this Article is committed.

Article 26. Violations against regulations on national vocational skill assessment

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for failure to return the national vocational skill assessor’s card under the decision on revocation of a competent authority.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for making a false report on one’s eligibility to be granted the national vocational skill assessor’s card.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to return the certificate of registration of national vocational skill assessment and issuance of national vocational skill certificates on schedule under the decision on revocation of a competent authority.

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

a) Allowing another person to use one’s assessor’s card or using another’s assessor’s card;

b) Falsifying or certifying incorrect results of vocational skill assessment.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for using forged national vocational skill certificates that is not liable to criminal prosecution.

6. Additional penalties: Suspend the national vocational skill assessor’s card for 6 - 12 months if any of the violations mentioned in Clause 4 of this Article is committed.

7. Remedial measures:

a) Return the national vocational skill assessor’s card if any of the violations mentioned in Clause 1 and Clause 2 of this Article is committed.

b) Return the certificate of registration of national vocational skill assessment and issuance of national vocational skill certificates if any of the violations mentioned in Clause 3 of this Article is committed;

c) Destroy the certificate of registration of national vocational skill assessment and issuance of national vocational skill certificates if any of the violations mentioned in Clause 5 of this Article is committed.

Article 27. Violations against regulations on revenues and expenditures

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to disclose the institution’s revenues and expenditures as prescribed.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for improper revenues and expenditures.

3. Remedial measures:

a) Disclose the revenues and expenditures if the violation mentioned in Clause 1 of this Article is committed;

b) Return collected amounts to learners if the violation mentioned in Clause 2 of this Article is committed. Collected amounts shall be transferred to state budget if learners are not identifiable.

Article 28. Violations against regulations on vocational education information and reports

1. Fines for failure to make periodic reports, reports on admission result, reports on recognition of graduation, reports on internal assessment of vocational education quality punctually:

a) From VND 1,000,000 to VND 3,000,000 if the report is made 15 - 30 days behind schedule;

b) From VND 5,000,000 to VND 10,000,000 if the report is made 31 days or more behind schedule, or report is not made even after a notice is issued.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to publish the targets, training programs, conditions for assurance of teaching and learning quality; tuition fees, exemption and reduction of tuition fees; result of training quality inspection; system of qualifications issued by the vocational education institution and other institutions registered for vocational education activities; jobs after graduation, and measures for inspection and supervision of training quality as prescribed.

3. Remedial measures: publish the information as prescribed in Clause 2 of this Article.

Chapter III

POWER TO IMPOSE ADMINISTRATIVE PENALTIES

Article 29. Power to impose penalties of inspectors

1. Inspectors and persons assigned to carry out inspections of vocational education have the power to:

a) Issue warnings;

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

c) Confiscate the exhibits whose value does not exceed the fine mentioned in Point b of this Clause;

d) Enforce remedial measures mentioned in Points a, c, and dd Clause 1 Article 28 of the Law on Actions against administrative violations.

2. The Chief inspectors of specialized agencies who assist the People’s Committee of the province in vocational education management within the province; chiefs of inspectorates of specialized agencies shall assist the People’s Committee of the province in vocational education management within the province; chiefs of inspectorates of General Directorate of Vocational Training have the power to:

a) Issue warnings;

b) Impose fines of up to VND 37,500,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate the exhibits whose value does not exceed the fine mentioned in Point b of this Clause;

d) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

3. Chiefs of specialized inspectorates of the Ministry of Labor, War Invalids and Social Affairs have the power to impose penalties for administrative violations pertaining to provision of vocational training at intermediate and college level; basic training, training in the form of handing down or apprenticeship; training under 03 months; advanced vocational training for employees; vocational training for rural workers; national vocational skill assessment, including:

a) Issue warnings;

b) Impose fines of up to VND 52,500,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate the exhibits whose value does not exceed the fine mentioned in Point b of this Clause;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

4. Chiefs of specialized inspectorates of the Ministry of Education and Training have the power to impose penalties for administrative violations pertaining to provision of vocational training at intermediate and college level, including:

a) Issue warnings;

b) Impose fines of up to VND 52,500,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate the exhibits whose value does not exceed the fine mentioned in Point b of this Clause;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

5. Chief inspector of the Ministry of Labor, War Invalids and Social Affairs, Director of General Directorate of Vocational Training have the power to impose penalties for administrative violations pertaining to provision of vocational training at intermediate and college level; basic training, training in the form of handing down or apprenticeship; training under 03 months; advanced vocational training for employees; vocational training for rural workers; national vocational skill assessment, including:

a) Issue warnings;

b) Impose fines of up to VND 75,000,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate exhibits;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

6. Chiefs of inspectors of the Ministry of Education and Training have the power to impose penalties for administrative violations pertaining to provision of vocational training at intermediate and college level, including:

a) Issue warnings;

b) Impose fines of up to VND 75,000,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate exhibits;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

7. Chiefs of specialized inspectorates of Ministries have the power to impose penalties for administrative violations committed by affiliated vocational education institutions, including:

a) Issue warnings;

b) Impose fines of up to VND 52,500,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate the exhibits whose value does not exceed the fine mentioned in Point b of this Clause;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

8. Chiefs inspectors of Ministries and ministerial agencies have the power to impose penalties for administrative violations committed by affiliated vocational education institutions, including:

a) Issue warnings;

b) Impose fines of up to VND 75,000,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate exhibits;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

Article 30. Power to impose penalties of Presidents of the People’s Committees

1. Presidents of the People’s Committees of communes have the power to:

a) Issue warnings;

b) Impose fines of up to VND 5,000,000;

c) Confiscate the exhibits whose value does not exceed the fine mentioned in Point b of this Clause.

2. Presidents of the People’s Committees of districts have the power to:

a) Issue warnings;

B) Impose fines of up to VND 37,500,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate the exhibits whose value does not exceed the fine mentioned in Point b of this Clause;

dd) Enforce the remedial measures mentioned in Points a, b, c, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

3. Presidents of the People’s Committees of provinces have the power to:

a) Issue warnings;

b) Impose fines of up to VND 75,000,000;

c) Suspend certificates of registration of vocational education activities, certificates of registration of additional vocational education activities; suspend vocational education activities, vocational education association;

d) Confiscate exhibits;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and those in Article 3 of this Decree.

Article 31. The power to record administrative violations against regulations on vocational education

1. The persons having the power to impose penalties mentioned in Article 29 and Article 30 of this Decree.

2. Officials being members of inspectorates of under inspection decisions issued by heads of central vocational education authorities; chief inspectors of central vocational education authorities, Director of General Directorate of Vocational Training, heads of specialized agencies that assist People’s Committees of provinces in vocational education management within their provinces, chief inspectors of specialized agencies that assist People’s Committees of provinces in vocational education management within their provinces.

3. Officials being members of inspectorates under inspection decisions issued by Ministers, Heads of ministerial agencies, President of the People’s Committees of provinces and districts, the Chief Inspectors of Ministries, Chief Inspectors of provinces and districts.

Chapter IV

IMPLEMENTATION

Article 32. Effect

1. This Decree comes into force from November 01, 2015.

2. This Decree replaces the Government's Decree No. 148/2013/ND-CP dated October 30 on penalties for administrative violations against regulations on vocational education.

3. Some Articles of the Government's Decree No. 138/2013/ND-CP are amended as follows:

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

b) The phrase “trường cao đẳng” in Point d Clause 2 and Point d Clause 3 of Article 5 is removed;

c) The phrase “cao đẳng” in Clause 3 Article 9 and Clause 2 of Article 10 is removed;

d) The phrase “trung cấp chuyên nghiệp” in Clause 2 of Article 17 is removed;

dd) The phrase “trường trung cấp chuyên nghiệp” in Point b Clause 4 of Article 25 is removed.

Article 33. Transition

1. The administrative violations against regulations on vocational training that are committed before the effective date of this Decree and discovered afterwards or still in consideration, the regulations that are advantageous to the violators shall apply.

2. With regard to decisions on penalties for administrative violations against regulations on vocational training issued or implemented before the effective date of this Decree, if the penalized entities still lodge complaints, Decree No. 148/2013/ND-CP and Decree No. 138/2013/ND-CP shall apply.

Article 34. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, and relevant entities are responsible for the implementation of this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 


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Ngày hiệu lực01/11/2015
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