Vietnam: What is the duration for issuing enrollment announcements by universities?
What is the duration for issuing enrollment announcements by universities in Vietnam?
Under point d, clause 3, Article 22 of the regulation on undergraduate education promulgated in conjunction with Circular 08/2021/TT-BGDDT on reporting, retention and information publication requirements:
Reporting, retention and information publication requirements
...
2. Training institutions shall retain and protect training-related documents according to regulations promulgated by the Ministry of Education and Training.
a) enrollment decisions, original transcripts, decisions on graduation recognition and master registers of awarding of degrees to students shall be permanently retained in training institutions;
b) Other documents pertaining to enrollment and training shall be retained throughout the training process;
c) Admission- and training-related documents no longer retained shall be disposed of in compliance with existing state regulations.
3. Training institutions shall publish the following information on their websites at least 45 days before a training program starts:
a) Training institution regulations and relevant regulations on training management;
b) Decisions to offer new programs and the decisions mentioned in Point b Clause 1 Article 21 for programs to be offered;
c) Quality assurance conditions per existing regulations of the Ministry of Education and Training;
d) Proofs that training programs meet training program standards promulgated by the Ministry of Education and Training;
dd) Enrollment announcements according to existing enrollment regulations;
e) Proofs of meeting the minimum requirements for joint training in part-time mode of study according to regulations in Clauses 2 and 3 Article 5 of this Regulation.
Therefore, universities must issue enrollment announcements on their web portal at least 45 days before organizing training.
What is the duration for issuing enrollment announcements by universities in Vietnam? (Image from the Internet)
What are the penalties imposed on universities failing to issue enrollment announcements within the specified duration in Vietnam?
According to point b, clause 1, Article 8 of Decree 04/2021/ND-CP:
Violations against regulations on organization of enrolment activities
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:
a) Issuing or publicly disclosing an enrolment announcement or enrolment scheme which does not contain correct and accurate information as prescribed;
b) Failing to announce enrolment for a period prescribed by law.
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:
a) Announcing total enrolment in excess of the one determined according to regulations on determination of total enrolment;
b) Failing to comply with enrolment procedures laid down in prevailing regulations.
3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:
a) Failing to disclose the cut-off marks of training disciplines for which the cut-off mark is a requirement;
b) Carrying out enrolment against the announced enrolment scheme.
4. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for foreign training disciplines/majors or programs before obtaining permission.
5. Additional penalties: Foreigners who commit the violation in Clause 4 of this Article shall be deported from Vietnam.
6. Remedial measures: The entity committing the violation in Clause 4 of this Article is compelled to transfer matriculated learners to other eligible educational institutions or cancel matriculation decisions and return collected amounts to learners in case of failed transfer.
Additionally, point b, clause 3, Article 3 of Decree 04/2021/ND-CP stipulates the fines 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.
Therefore, universities failing to issue enrollment announcements within the specified duration in Vietnam may be fined from 10,000,000 VND to 20,000,000 VND.
Does the Chairman of the Provincial People's Committee have the power to impose penalties on universities failing to issue enrollment announcements within the specified duration in Vietnam?
According to clause 2, Article 36 of Decree 04/2021/ND-CP amended by point b, clause 10, Article 1 of Decree 127/2021/ND-CP:
Power of the Chairman of the People's Committee at various levels to impose penalties
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2. The Chairman of the district-level People's Committee (in charge of districts, towns, and provincial cities) has the power to:
a) Impose warnings;
b) Impose fines up to 75,000,000 VND;
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Additionally, Article 39 of Decree 04/2021/ND-CP amended by point b, clause 13, Article 1 of Decree 127/2021/ND-CP stipulates that the Chairman of the Provincial People's Committee has sufficient power to impose penalties on universities failing to issue enrollment announcements within the specified duration in Vietnam.
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