Penalties for Issuing Diplomas and Certificates to Students Who Do Not Meet Graduation Requirements: How Much?
Statute of Limitations for Administrative Penalties in the Field of Vocational Education
According to the provisions in Clause 1, Article 5, Decree 88/2022/ND-CP, the statute of limitations for administrative penalties in the field of vocational education is as follows:
- The statute of limitations for administrative penalties in the field of vocational education is 01 year.
- The starting point for calculating the statute of limitations for administrative penalties in the field of vocational education is specified in points b, c, and point d, Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012 (amended and supplemented by point b, Clause 72, Article 1, Law on Handling of Administrative Violations, amended 2020).
To be specific, the starting point for calculating the statute of limitations for administrative penalties is as follows:
- For concluded administrative violations, the statute of limitations is calculated from the time the violating act ends.
- For ongoing administrative violations, the statute of limitations is calculated from the time the violating act is discovered.
- In cases where administrative penalties are imposed on individuals or organizations by the competent authorities, the statute of limitations is applied according to the above provisions.
The period during which the competent authorities conduct proceedings and review is included in the statute of limitations for administrative penalties.
- If within the specified time period, individuals or organizations intentionally evade or hinder the penalties, the statute of limitations for administrative penalties will be recalculated from the time the evasion or hindrance is terminated.
Fine for issuing diplomas and certificates to students who do not meet graduation requirements
Forms of Sanctions and Financial Penalties for Administrative Violations in the Field of Vocational Education
According to Clause 1 and Clause 2, Article 3, Decree 88/2022/ND-CP regarding this content:
Forms of sanctions, financial penalties, authority to impose penalties, and principles of application for repeated administrative violations; responsibilities of Ministers, heads of ministerial-level agencies, Presidents of People's Committees at all levels, heads of agencies, and units with authority to handle administrative violations in the field of vocational education; measures to suspend activities as stipulated in Clause 1, Article 20 of the Law on Vocational Education and Decrees in the field of vocational education.
1. Main forms of sanctions
a) Warning;
b) Fine.
2. Additional forms of sanctions
a) Confiscation of violating objects and administrative violation means;
b) Expulsion;
c) Temporary suspension of operations;
d) Revocation of licenses or practice certificates for a fixed period.
3. Financial penalties in the field of vocational education
a) The maximum fine in the field of vocational education is VND 75,000,000 for individuals and VND 150,000,000 for organizations;
b) The fines for each administrative violation stipulated in Chapter II of this Decree are the fines for organizations, except for the provisions in Clauses 4 and 5 of Article 11, Clauses 1 and 2 of Article 16, Clauses 1, 2, and 3 of Article 21, point a, Clause 3 of Article 22, Clause 1 of Article 23, Clause 1 of Article 27, point b, Clause 1 of Article 30, Clause 1 of Articles 34, 35, and 36 of this Decree, which are the fines for individuals;
c) For the same administrative violation, the fine for individuals is 1/2 of that for organizations;
d) Business households, families running vocational training classes that violate the provisions of this Decree are subject to fines like individuals.
The main forms of sanctions for violations in the field of vocational education include warnings and fines. Additionally, there may be expulsion, suspension, or revocation of licenses and practice certificates.
The maximum fine in the field of vocational education is VND 75,000,000 for individuals and VND 150,000,000 for organizations.
Fine for Issuing Diplomas and Certificates to Students Who Do Not Meet Graduation Requirements
The fines for issuing diplomas and certificates to students who do not meet graduation requirements as stipulated, without reaching the level of criminal prosecution, are regulated in Clause 6, Article 22, Decree 88/2022/ND-CP as follows:
- A fine from VND 40,000,000 to VND 60,000,000 for violations involving fewer than 10 students;
- A fine from VND 60,000,000 to VND 80,000,000 for violations involving 10 to fewer than 20 students;
- A fine from VND 80,000,000 to VND 100,000,000 for violations involving 20 to fewer than 30 students;
- A fine from VND 100,000,000 to VND 120,000,000 for violations involving 30 to fewer than 40 students;
- A fine from VND 120,000,000 to VND 150,000,000 for violations involving 40 or more students.
The above fines also apply to violations not reaching the level of criminal prosecution in the following cases:
- Issuing diplomas and certificates to students that do not match the training majors or to majors not listed in the vocational education activity registration certificate, additional registration certificate for vocational education activities, or registration certificate for joint vocational training activities with foreign institutions.
- Majors not listed in the decision on self-determination to open training majors or the decision on self-determination to establish joint training with foreign institutions.
In addition to administrative fines as stipulated above, the violator is required to withdraw and cancel the diplomas and certificates issued unlawfully. Moreover, the violating institution may also face suspension of vocational education activities.
Decree 88/2022/ND-CP is effective from December 12, 2022.
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