Is fabricating student IDs subject to Imprisonment in Vietnam? What are the penalties for using a forged student ID to take exams for other students?
Is fabricating student IDs subject to imprisonment in Vietnam?
According to the provisions at Article 2 of the Student Affairs Regulations issued with Circular 10/2016/TT-BGDDT, students are understood as individuals currently enrolled in a formal undergraduate program at higher education institutions.
Simultaneously, pursuant to Clause 1, Article 15 of the Student Affairs Regulations issued with Circular 10/2016/TT-BGDDT, a student ID is considered a document issued by higher education institutions to manage students during their time at the school.
Based on Article 341 of the Criminal Code 2015 (amended by Clause 126, Article 1 of the 2017 Law Amending the Criminal Code), the regulation is as follows:
Crime of Counterfeiting Seals, Documents of Agencies, Organizations; the Crime of Using Counterfeit Seals or Documents of Agencies, Organizations
1. Anyone who counterfeits seals, documents, or other papers of agencies or organizations, or uses counterfeit seals, documents, or other papers to conduct unlawful acts shall be fined from 30,000,000 VND to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 02 years.
2. The following cases shall be subject to imprisonment from 02 to 05 years:
a) Organized;
b) Committed offenses 02 times or more;
c) Making from 02 to 05 seals, documents, or other papers;
d) Using counterfeit seals, documents, or other papers to commit less serious to serious offenses;
dd) Illegally profiting from 10,000,000 VND to less than 50,000,000 VND;
e) Dangerous recidivism.
3. The following cases shall be subject to imprisonment from 03 to 07 years:
a) Making 06 seals, documents, or other papers or more;
b) Using counterfeit seals, documents, or other papers to commit very serious to particularly serious offenses;
c) Illegally profiting 50,000,000 VND or more.
4. Offenders may also be subject to a fine from 5,000,000 VND to 50,000,000 VND.
Thus, fabricating student IDs could be considered a crime of counterfeiting seals, documents, or other papers of agencies or organizations, and may be subject to criminal prosecution in accordance with the severity of the crime as stated above.
Is fabricating student IDs subject to Imprisonment in Vietnam? What are the penalties for using a forged student ID to take exams for other students?
What are the penalties for using a forged student ID to take exams for other students in Vietnam?
The penalty for using forged student IDs to substitute exam takers is stipulated at Clause 3, Article 14 of Decree 04/2021/ND-CP as follows:
Violations Related to Examinations
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3. Fines for violations related to examinations are as follows:
a) Fines from 1,000,000 VND to 2,000,000 VND for entering examination or marking areas without permission; bringing unauthorized documents, information, or items into the examination room or marking area;
b) Fines from 2,000,000 VND to 6,000,000 VND for doing exams on behalf of others or assisting others in doing exams;
c) Fines from 6,000,000 VND to 8,000,000 VND for adding or altering exam content or scores without authorization but not to the extent of criminal prosecution;
d) Fines from 8,000,000 VND to 12,000,000 VND for substituting exam papers without authorization but not to the extent of criminal prosecution;
dd) Fines from 12,000,000 VND to 14,000,000 VND for organizing unauthorized grading of exams but not to the extent of criminal prosecution;
e) Fines from 14,000,000 VND to 16,000,000 VND for substituting exams for others, taking exams alongside others, or hiring others to take exams on their behalf.
Thus, according to the regulations, individuals caught substituting exams using forged student IDs can be fined from 14,000,000 VND to 16,000,000 VND and may be subject to criminal prosecution for using counterfeit seals, documents, or other papers of agencies or organizations.
Additionally, individuals who hire others to take exams on their behalf will also face fines from 14,000,000 VND to 16,000,000 VND according to the law and be subject to other disciplinary measures by the school.
What Is the statute of limitations for administrative penalties for taking exams for other students in Vietnam?
According to the provisions in Clause 1, Article 3a of Decree 04/2021/ND-CP (supplemented by Clause 2, Article 1 of Decree 127/2021/ND-CP), as follows:
Statute of Limitations for Administrative Penalties
1. The statute of limitations for administrative penalties in the field of education is 01 year.
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Thus, the statute of limitations for administrative penalties for substituting exam takers is 01 year.
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