How will test takers be penalized? What is the criminal liability for cheating on test scores in Vietnam?
Prohibited acts of cheating on test scores in Vietnam
Pursuant to Article 22 of the Law on Education 2019 on prohibited acts in educational institutions, including:
- Hurt the dignity, honor and infringe upon the bodies of teachers, officials and employees of educational establishments and students.
- Distort the educational content.
- Committing frauds in learning, examination or enrolment.
- Smoking; drinking alcohol and beer; disturbing security and order.
- Force students to take extra classes to collect fees.
- Taking advantage of financial support or support for education to force contributions in cash or in kind.
Thus, as prescribed by law, the act of fraudulence in examination of national high school is one of prohibited acts as prescribed by law.
What are the same as "how? cheating on test scores in Vietnam"
Pursuant to the provisions of Article 14 of Decree 04/2021/ND-CP, violations of exam regulations will be handled as follows:
(1) Fines of from VND 6,000,000 to VND 8,000,000 shall be imposed for the disruption or threat of force that hinders the test takers and the organizers, inspectors, proctors, examiners, examination servers.
(2) Fines of from VND 8,000,000 to VND 12,000,000 shall be imposed for the provision of false information about exams.
(3) To impose fines for acts of violating the regulations on examination at the following levels:
a) Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed for entering the test site without permission; bringing unauthorized materials, information or items to the test room or the marking area;
b) A fine of between VND 2,000,000 and 6,000,000 shall be imposed for acts of doing the tests on examinees' behalf or assisting examinees in doing the tests;
c) Fines of between VND 6,000,000 and 8,000,000 for acts of additionally writing or modifying contents of exams or modifying points of exams in contravention of regulations but not seriously enough to be examined for penal liability;
d) Fines of from VND 8,000,000 to VND 12,000,000 shall be imposed for swapping exam papers that are not liable to criminal prosecution;
dd) Between VND 12,000,000 and 14,000,000 for act of organizing the marking in contravention of regulations but not seriously enough to be examined for penal liability;
e) Fines of from VND 14,000,000 to VND 16,000,000 shall be imposed for the exam for another person or the exam for another person.
(4) A fine of between VND 13,000,000 and 15,000,000 shall be imposed for the act of losing examination papers of examinees.
(5) Remedial measures:
a/ Forcible correction of untruthful information, for acts of violation specified in Clause 2 of this Article;
b) Enforced restoration of initial state which has been changed due to the act of violation prescribed in Point c Clause 3 of this Article;
c/ Forcible assurance of the rights of examinees, for violations specified at Points c, d and e. Clause 3, and Clause 4 of this Article.
Therefore, acts of cheating on test scores in Vietnam shall be administratively sanctioned with different fine levels of VND 6,000,000 and VND 15,000,000 respectively. This fine shall be imposed for violations committed by organizations, except for those prescribed in clause 1 and point a, b, c, d and e of clause 3 of Article 14 in the Decree No. For the same administrative violation, the fine incurred by an individual is half of the fine incurred by an organization.
How will test takers be penalized? What is the criminal liability for cheating on test scores in Vietnam?
What are the cases of complications?
Acts of cheating on test scores in Vietnam shall be handled according to one of the following crimes:
First: Abusing one's positions and powers while performing public duties:
- Pursuant to Article 356 of the Criminal Code 2015 (amended by Point s Clause 1 Article 2 of the Law on amendments to the Criminal Code 2017) as follows:
+ Non-custodial reform for up to 3 years or a prison term of between 1 and 5 years, for the following acts:
Those who abuse their positions and/or powers to act on official duties, thus causing damage to property of between VND 10,000,000 and under VND 200,000,000 or causing other damage to the State's interests, legitimate rights and interests of organizations and/or individuals.
- A fine of between 5 and 10 years of imprisonment shall be imposed for acts of abusing positions and powers while performing official duties as follows:
+ In an organized manner;
+ Committing the crime more than once;
+ Causing property damage of between VND 200,000,000 and under VND 1,000,000,000.
- between 10 and 15 years of imprisonment:
+ Crimes causing property damage of VND 1,000,000,000 or more.
- The offenders may also be banned from holding certain posts for one to five years.
Thus, fraudulent acts of examination venues may bear penal liability for abusing positions and powers to cause other damage to the interests of the State, the legitimate rights and interests of organizations and individuals. Accordingly, a fine of between VND 10,000,000 and under VND 200,000,000 may be imposed. If committing any of the acts specified in Clause 2 of Article 356, the offenders shall be sentenced to between five and ten years of imprisonment.
In addition, according to Article 357 of the 2015 Criminal Code (amended in Point s Clause 1 Article 2 of the Law on amendments to the 2017's Criminal Code), the following regulations are also applied:
- Being sentenced to between one and seven years of imprisonment for acts of:
+ False cases or other personal motives cause damage to property of between VND 10,000,000 and under VND 100,000,000 or cause damage to the State's interests or legitimate rights and interests of organizations or individuals.
- Being sentenced to between 5 and 10 years of imprisonment for acts of:
+ In an organized manner;
+ Committing the crime more than once;
+ Causing property damage of between VND 100,000,000 and under VND 500,000,000.
- Being sentenced to between 10 and 15 years of imprisonment.
+ Committing the crime and causing property damage of between VND 500,000,000 and under VND 1,500,000,000.
- Being sentenced to between 15 and 20 years of imprisonment.
+ Committing the crime and causing property damage of VND 1,500,000,000 or more.
The offenders may also be banned from holding certain posts for one to five years.
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