Decree 04/2021/ND-CP on sanctioning of administrative violations in education
A person shall get fined up to VND 10 million for lending others diplomas for use purpose
Specifically, the maximum fine to be imposed for any of the following acts of violation increases from VND 8 million (according to current regulations) to VND 10 million: Using others’ diplomas and certificates; Lending others diplomas and certificates for use purpose; Using erased or falsified diplomas and certificates. In addition, a fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the acts of failing to disclose information on the grant of diplomas and certificates on the institutions’ websites.
Remarkably, a fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of violations of offending honor and dignity, infringing the body of teachers and education administrators in education institutions that are not serious enough for penal liability examination. Simultaneously, public apology to persons whose honor and dignity has been offended; persons whose body is infringed is required, unless such persons request no public apology.
Besides, the Government regulates a fine of between VND 5,000,000 and VND 10,000,000 imposed for any of the acts of disciplining learners in contravention of current law regulations or offending honor and dignity, infringing the body of learners that are not serious enough for penal liability examination.
This Decree takes effect from March 10, 2021.
For further details of the Decree 04/2021/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
Hanoi, January 22, 2021
On sanctioning of administrative violations in education
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
Pursuant to the Law on Higher Education dated June 18, 2012 and the Law Amending and Supplementing a Number of Articles of the Law on Higher Education dated November 19, 2018;
Pursuant to the Law on Vocational Education dated November 27, 2014;
Pursuant to the Education Law dated June 14, 2019;
At the proposal of the Minister of Education and Training;
The Government hereby promulgates the Decree on sanctioning of administrative violations in education.
Article 1. Scope of regulation
This Decree stipulates acts of administrative violations, sanctioning forms and levels, and remedial measures; competence to make written records and impose sanction of administrative violations, and specific fine levels for administrative violations according to each title in education.
Article 2. Subjects of application
1. Vietnamese and foreign organizations and individuals (hereinafter referred to as organizations and individuals) that commit acts of administrative violations specified in this Decree on Vietnam's territory.
Organizations that may be sanctioned for administrative violations according to this Decree include:
a) Early childhood education institutions; general education institutions; continuing education institutions; intermediate schools and colleges with teacher training disciplines; higher education institutions; academies and institutes established by the Prime Minister in accordance with the Law on Science and Technology, licensed to provide doctoral training (hereinafter referred to as academies and institutes licensed to provide doctoral training);
b) Specialized schools and other education institutions; Vietnam-based representative offices of foreign education institutions; Vietnam-based branches of foreign-invested education institutions; education institutions within the political organizations, socio-political organizations, socio-politico-professional organizations, social organizations and socio-professional organizations other than those specified at Point a, Clause 1 of this Article and institutions being legal entities other than education institutions providing early childhood education, general education program; training at intermediate and college levels with teacher training disciplines; training at bachelor’s, master’s and doctor’s levels; improving the professional qualifications and skills within the ambit of the state management of the Ministry of Education and Training;