Decree 127/2021/ND-CP amend Decree 04/2021/ND-CP on sanctioning of administrative violations in education

DECREE

On amending and supplementing a number of articles of the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 on sanctioning of administrative violations in education

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Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on 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; the Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

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

Pursuant to the Law on Higher Education dated June 18, 2012; Law on Amending and Supplementing a Number of Articles of the Law on Higher Education dated November 19, 2018;

Pursuant to the Law on Education dated June 14, 2019;

At the proposal of the Minister of Education and Training;

The Government promulgates the Circular on amending and supplementing a number of articles of the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 on sanctioning of administrative violations in education.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 on sanctioning of administrative violations in education

1. To amend and supplement a number of clauses of Article 3 as follows:

a) To amend and supplement Point a Clause 3 Article 3 as follows:

“a) Maximum fine levels applicable to the field of education to be imposed on individuals and organizations are VND 75,000,000 and VND 150,000,000, respectively;”.

b) To add Clause 4 after Clause 3 Article 3 as follows:

“4. An administrative violation shall be sanctioned only once.

If many organizations or many individuals jointly commit an administrative violation, each of them shall be sanctioned for such violation.”.

2. To add Article 3a after Article 3 as follows:

“Article 3a. Statue of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning an administrative violation in education is 1 year.

2. The statute of limitations for sanctioning an administrative violation is counted as follows:

a) For a completed administrative violation specified in Clause 3 of this Article, the statute of limitations is counted from the time when the violation stops;

b) For an in-progress administrative violation defined in Clause 4 of this Article, the statute of limitations is counted from the time the violation is detected by a person competent to perform duty;

c) The statute of limitations for sanctioning administrative violations of an organizations or individual transferred by a person competent to make administrative violation records shall comply with Clause 1 of this Article and Points a and b of this Clause to the time the decision on sanctioning of administrative violations is issued.

3. The determination of completed administrative violations, in-progress administrative violations for calculating the statute of limitations for sanctioning administrative violations shall comply with the principles specified in Clause 1 Article 8 of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations.”.

3. To amend and supplement a number of points of Clause 3 Article 5 as follows:

a) To amend and supplement Point dd Clause 3 Article 5 as follows:

“dd) A fine of between VND 60,000,000 and VND 90,000,000, for colleges with teacher training disciplines;’;

b) To amend and supplement Point e Clause 3 Article 5 as follows:

“e) A fine of between VND 100,000,000 and VND 130,000,000, for higher education institutions.”.

4. To amend and supplement a number of points of Clause 5 Article 6 as follows:

a) To amend and supplement Point d Clause 5 Article 6 as follows:

“d) A fine of between VND 60,000,000 and VND 90,000,000 for colleges with teacher training disciplines ;”;

b) To amend and supplement Point dd Clause 5 Article 6 as follows:

“dd) A fine of between VND 110,000,000 and VND 150,000,000, for higher education institutions; academies and institutes licensed to provide doctoral training.”.

5. To amend and supplement Point a Clause 2 Article 7 as follows:

“a) Inadequately promulgating or failing to fully comply with documents under the education institution’s responsibility in accordance with current laws;”.

6. To amend and supplement a number of clauses of Article 9 as follows:

a) To amend and supplement Point c Clause 3 Article 9 as follows:

“c) A fine of between VND 110,000,000 and VND 150,000,000, for acts of wrongly enrolling 30 learners or more.”;

b) To amend and supplement Point c Clause 4 Article 9 as follows:

“c) A fine of between VND 110,000,000 and VND 150,000,000, for acts of wrongly enrolling 10 learners or more.”.

7. To amend and supplement the title of Clause 4 Article 19 as follows:

“4. A fine of between VND 80,000,000 and VND 110,000,000 shall be imposed for any of the following acts of violation:”.

8. To amend and supplement Clause 3 Article 20 as follows:

“3.  A fine of between VND 80,000,000 and VND 110,000,000 shall be imposed for the acts of granting certificates without obtaining the competent agencies’ decisions on approval of jointly organizing examinations to grant foreign certificates of foreign-language proficiency.”.

9. To amend and supplement Point c Clause 1 Article 35 as follows:

“c) Persons of People’s Public Security forces that are on duty in education.”.

10. To amend and supplement a number of clauses of Article 36 as follows:

a) To amend and supplement Point c Clause 1 Article 36 as follows:

“c) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 20,000,000;”;

b) To amend and supplement Point b Clause 2 Article 36 as follows:

“b) Impose a fine of up to VND 75,000,000;”;

c) To amend and supplement Point d Clause 2 Article 36 as follows:

“d) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 150,000,000;”;

d) To amend and supplement Point b Clause 3 Article 36 as follows:

“b) Impose a fine of up to VND 150,000,000;”.

11. To amend and supplement a number of clauses of Article 37 as follows:

a) To amend and supplement Point c Clause 1 Article 37 as follows:

“c) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 2,000,000;”;

b) To amend and supplement Point b Clause 2 Article 37 as follows:

“b) Impose a fine of up to VND 75,000,000;”;

c) To amend and supplement Point d Clause 2 Article 37 as follows:

“d) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 150,000,000;”;

d) To amend and supplement Point b Clause 3 Article 37 as follows:

“b) Impose a fine of up to VND 105,000,000;”;

dd) To amend and supplement Point d Clause 3 Article 37 as follows:

“d) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 210,000,000;”;

e) To amend and supplement Point b Clause 4 Article 37 as follows:

“b) Impose a fine of up to VND 150,000,000;”.

12. To amend and supplement Article 38 as follows:

“Article 38. Sanctioning competence of Heads of Internal Political Security Divisions, Directors of provincial-level Police Departments, Director of the Vietnam Immigration Department, Director of the Internal Political Security Department

1. Heads of Internal Political Security Divisions may:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means used in administrative violations of a value not exceeding VND 50,000,000;

dd) Apply the remedial measures as specified in Article 4 of this Decree, except for the remedial measures prescribed at Point e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Directors of provincial-level Police Departments may:

a) Impose caution;

b) Impose a fine of up to VND 75,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means used in administrative violations;

dd) Decide on application of the sanction of expulsion;

e) Apply the remedial measures as specified in Article 4 of this Decree, except for the remedial measures prescribed at Point e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Director of the Vietnam Immigration Department, Director of the Internal Political Security Department may:

a) Impose caution;

b) Impose a fine of up to VND 150,000,000;

c) Deprive of the right to use licenses, practice certificates for a definite term or suspend operations for a definite time;

d) Confiscate material evidences and means used in administrative violation;

dd) Decide on application of the sanction of expulsion;

e) Apply the remedial measures as specified in Article 4 of this Decree, except for the remedial measures prescribed at Point e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”.

13. To amend and supplement Article 39 as follows:

“Article 39. Division of competence to sanction administrative violations

1. Competence of chairpersons of People’s Committees at all levels to sanction administrative violations:

a) Chairpersons of commune-level People’s Committees shall sanction the acts of administrative violations specified in Clause 1 Article 11, Point a Clause 3 Article 14, Point a Clause 1 Article 24, Clause 1 Article 25, Clause 1 Article 27, Article 29, Point a Clause 1 Article 31 hereof;

b) Chairpersons of district-level People’s Committees shall sanction the acts of administrative violations specified in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20; Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33; Clause 1 and Points a, b and c Clause 2 Article 34; violations specified at Points a, b, c and d Clause 3 Article 5, and Clauses 3, 4, and Points a, b and c Clause 5 Article 6, Clause 4 Article 8 hereof, except for acts of violation committed by foreigners;

c) Chairpersons of provincial-level People’s Committees shall sanction the acts of administrative violations specified in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7; Clauses 1, 2 and 3 Article 8; Article 9, Article 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; acts of violation specified in Clause 3 Article 5 and Clauses 3, 4 and 5 Article 6, and Clause 4 Article 8 hereof, except for acts of violation committed by foreigners.

2. Competence of inspectorates to sanction administrative violations:

a) Chief inspectors of professional agencies in education under provincial-level People’s Committees and Heads of specialized inspection teams of provincial-level Departments of Education and Training shall sanction the acts of administrative violations specified in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20; Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33; Clause 1 and Points a, b and c Clause 2 Article 34; acts of violation specified at Points a, b, c, d Clause 3 Article 5, and Clauses 3, 4, and Points a, b and c Clause 5 Article 6, and Clause 4 Article 8 hereof, except for acts of violation committed by foreigners;

b) Heads of specialized inspection teams of the Ministry of Education and Training shall sanction the acts of administrative violations specified in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7; Clauses 1, 2, 3, 4 Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Article 10 and Sections 3 and 4 Chapter II; Articles 16, 17, 18; Clauses 1, 2 and 3 Article 19; Clauses 1 and 2 Article 20; Sections 6, 7 and 8 Chapter II; acts of violation specified at Points a, b, c, d, dd Clause 3 Article 5 and Clauses 3, 4, and Points a, b, c, d Clause 5 Article 6, and Clause 4 Article 8 hereof, except for acts of violation committed by foreigners;

c) Chief inspector of the Ministry of Education and Training shall sanction the acts of administrative violations specified in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7; Clauses 1, 2 and 3 Article 8; Articles 9, 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; acts of violation specified in Clause 3 Article 5 and Clauses 3, 4, 5 Article 6 and Clause 4 Article 8 hereof, except for acts of violation committed by foreigners.

3. Competence of Heads of Internal Political Security Divisions, Directors of provincial-level Police Departments, Director of the Vietnam Immigration Department, Director of the Internal Political Security Department to sanction administrative violations:

a) Heads of Internal Political Security Divisions shall sanction the acts of administrative violations specified in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20; Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33; Clause 1 and Points a, b and c Clause 2 Article 34; acts of violation specified at Points a, b, c and d Clause 3 Article 5, and Clauses 3, 4, and Points a, b and c Clause 5 Article 6, Clause 4 Article 8 hereof, except for acts of violation committed by foreigners;

b) Directors of provincial-level Police Departments shall sanction the acts of administrative violations specified in Points a, b, c and d Clause 3 Article 5; Clauses 3, 4 and Points a, b and c Clause 5 Article 6; Clause 4 Article 8 hereof;

c) The Director of the Vietnam Immigration Department shall sanction the acts of administrative violations specified in Clause 3 Article 5 and Clauses 3, 4 and 5 Article 6, and Clause 4 Article 8 hereof;

d) The Director of the Internal Political Security Department shall sanction the acts of administrative violations specified in Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7; Clauses 1, 2 and 3 Article 8; Articles 9, 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; acts of violation specified in Clause 3 Article 5 and Clauses 3, 4, 5 Article 6, Clause 4 Article 8  hereof, except for acts of violation committed by foreigners.”.

Article 2. Replacing and repealing a number of clauses and phrases of the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 on sanctioning of administrative violations in education

1. To repeal Clause 3 Article 2.

2. To replace a number of phrases in some articles and clauses as follows:

a) To replace the phrase “in education at the provincial level” with the phrase “of provincial-level Departments of Education and Training” in Clause 2 Article 37;

b) To replace the phrase “in education at the ministerial level” with the phrase “of the Ministry of Education and Training” in Clause 3 Article 37.

3. To remove some phrases in a number of articles as follows:

a) To remove the phrase “at intermediate level,” in Clause 2 Article 9;

b) To remove the phrase “for foreign educational programs” in Clause 7 Article 11;

c) To remove the phrase “majors” in Article 12.

Article 3. Transitional provisions

1. For acts of administrative violation in education which are committed before the date on which this Decree takes effect, and are later uncovered, or which are being considered and settled, the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 on sanctioning of administrative violations in education shall apply to settle them; except for cases where this Decree does not prescribe the legal liability or prescribe lighter legal liability, for the acts of violation that have been committed before the effective date of the Decree, provisions of this Decree shall prevail for handling such cases.

2. If sanctioned individuals and organizations lodge complaints about decisions on sanctioning administrative violations that have been issued or whose execution has been completed before the date on which this Decree takes effect, the 2012 Law on Handling of Administrative Violations, the Government’s Decree No. 04/2021/ND-CP dated January 22, 2021 on sanctioning of administrative violations in education, and relevant law provisions shall apply to handle them.

Article 4. Effect

This Decree takes effect on January 01, 2022.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces, centrally-run cities shall implement this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

Vu Duc Dam