Vietnam: How are universities which enroll a number of learners in excess of total enrolment punished?

How are universities which enroll a number of learners in excess of total enrolment punished?

Pursuant to Clause 3, Article 10 of Decree 04/2021/ND-CP of Vietnam's Government:

Violations against regulations on total enrolment

1. The following fines shall be imposed for enrolling a number of learners at upper secondary education level in excess of total enrolment as prescribed:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;

b) A fine ranging from VND 3.000.000 to VND 6.000.000 shall be imposed if 10% - 15% of total enrollment is exceeded;

c) A fine ranging from VND 6.000.000 to VND 10.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;

d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.

2. The following fines shall be imposed for enrolling a number of learners for college- or intermediate-level teacher training programs in excess of total enrolment determined according to regulations on determination of total enrolment:

a) A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;

b) A fine ranging from VND 4.000.000 to VND 10.000.000 shall be imposed if 10% - 15% of total enrollment is exceeded;

c) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;

d) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.

3. The following fines shall be imposed for enrolling a number of learners at higher education level in excess of total enrolment determined according to regulations on determination of total enrolment:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if 03% - 10% of total enrollment is exceeded;

b) A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed if 10% - 15% of total enrollment is exceeded;

c) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed if 15% - 20% of total enrollment is exceeded;

d) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed if 20%, or more, of total enrollment is exceeded.

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5. Remedial measures: The entity committing any of the violations in Clauses 1, 2, 3 and 4 of this Article is compelled to reduce number of learners to be enrolled in the following year by at least the excess percentage of total enrolment.

And according to point b, Clause 3, Article 3 of Decree 04/2021/ND-CP, the fine levels are specified as follows:

Penalties and fines

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3. Fines:

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b) The fines prescribed in Chapter II of this Decree shall be imposed upon violating organizations, except the fines prescribed in Clause 5 Article 9, Clause 2 Article 11, Clause 1 and Points a, b, c, d, e Clause 3 Article 14, Point b Clause 3 Article 21, Clause 1 Article 23, Clause 1 Article 29 of this Decree which shall be imposed upon violating individuals. The fine imposed upon an individual is half of that imposed upon an organization for committing the same administrative violation.

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Thus, a university committing the act of enrolling students beyond its quota will be fined from 5,000,000 VND to 70,000,000 VND.

At the same time, the offending university will also be subject to a remedial measure requiring it to reduce the enrollment quota for the following year by at least the number of students enrolled beyond the quota.

How are universities which enroll a number of learners in excess of total enrolment punished? (Image from the Internet)

Do Chairpersons of district-level people’s committees have the authority to fine a university for enrolling a number of learners in excess of total enrolment?

According to point b, Clause 1, Article 39 of Decree 04/2021/ND-CP, the power to impose penalties is regulated as follows:

Determination of power to impose penalties

1. Power to impose administrative penalties of Chairpersons of people’s committees at all levels:

a) Chairpersons of commune-level people’s committees shall have the power to impose penalties for the administrative violations prescribed 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 of this Decree;

b) Chairpersons of district-level people’s committees shall have the power to impose penalties for the administrative violations prescribed in Clauses 1 and 2 Article 5; Clause 1 and Points а, b, c Clause 2 Article 6; Clauses 1, 2 and 3 Article 7; Clauses 1, 2 and 3 Article 8; Clauses 1 and 2, Point a Clause 3, Point a Clause 4 and Clause 5 Article 9; Clause 1, Clause 2, Points a, b, c Clause 3 and Points a, b Clause 4 Article 10; Article 11; Article 12; Clause 1 and Points a, b, c, d Clause 2 Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1 Article 19; Clause 1 Article 20; Clauses 1, 2, 3, 4 Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 2 Article 32; Article 33; Clause 1 and Points a, b, c Clause 2 Article 34; Points a, b, c Clause 3 Article 5; Clauses 3, 4 and Points a, b Clause 5 Article 6 of this Decree where the violating entities are Vietnamese citizens;

c) Chairpersons of provincial-level people’s committees shall have the power to impose penalties for the administrative violations prescribed 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, 8 Chapter II; Clause 3 Article 5; Clauses 3, 4 and 5 Article 6; Clause 4 Article 8 of this Decree where the violating entities are Vietnamese citizens.

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And according to Clause 2, Article 36 of Decree 04/2021/ND-CP, amended by Clause 10, Article 1 of Decree 127/2021/ND-CP, it is regulated as follows:

Power to impose penalties of Chairpersons of People’s Committees at all levels

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2. Chairpersons of People’s Committees of urban/rural districts, district-level towns and provincial cities (hereinafter referred to as “district-level") shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 75.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 150.000.000;

dd) Impose the remedial measures specified in Article 4 of this Decree.

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Thus, the Chairman of the district-level People's Committee has the authority to impose fines up to 75,000,000 VND. Therefore, the Chairman of the district-level People's Committee has the authority to fine a university for enrolling students beyond its quota.

What are the regulations on the enrollment quota for universities?

Based on Clause 1, Article 34 of the Higher Education Law 2012, amended by point a, Clause 19, Article 1 of the Amended Higher Education Law 2018, the enrollment quotas for universities are regulated as follows:

- Enrollment quotas are determined by discipline, training group based on market labor demand, socio-economic development requirements, and in accordance with the conditions on the quantity and quality of teaching staff, facilities, the employment rate of graduates from the university, and other quality assurance conditions;

- Universities shall determine their own enrollment quotas; publicly announce their enrollment quotas, training quality, and quality assurance conditions, the employment rate of graduates; ensure that the announced program outcomes are met;

- Universities violating regulations on subjects, conditions, enrollment quotas shall be handled according to the law and shall not be able to determine their own enrollment quotas for 05 years from the date a violation is concluded by a competent state agency.