What are penalties for teaching less than the required number of hours in the field of vocational education in Vietnam?

What are penalties for teaching less than the required number of hours in the field of vocational education in Vietnam?

Based on Clause 2, Article 13 of Decree 88/2022/ND-CP, the penalties for not failing to teach the required number of hours are as follows:

Violations of teaching organization regulations

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2. A warning or a fine shall be imposed for failing to teach the required number of hours, study load, or minimum knowledge of the subjects or modules in the training program at the following penalty levels:

a) A warning for violations amounting to less than 5% of the total teaching hours;

b) A fine ranging from VND 500,000 to VND 1,000,000 for violations between 5% and less than 10% of the total teaching hours;

c) A fine ranging from VND 1,000,000 to VND 5,000,000 for violations between 10% and less than 15% of the total teaching hours;

d) A fine ranging from VND 5,000,000 to VND 10,000,000 for violations between 15% and less than 20% of the total teaching hours;

dd) A fine ranging from VND 10,000,000 to VND 20,000,000 for violations of 20% or more of the total teaching hours.

Therefore, the lightest penalty for failing to teach the required number of hours is a warning if the shortfall is less than 5% of the total teaching hours, and the highest penalty is VND 20,000,000 if the shortfall exceeds 20% of the total teaching hours.

Note: These penalties are administrative penalties applicable to individuals who violate the regulations.

For organizations, the penalty for the above-mentioned violation is stipulated at Point c, Clause 3, Article 3 of Decree 88/2022/ND-CP as follows:

Forms of sanctions, fines, powers handling administrative violations, and principles for applying sanctions for repeated administrative violations; responsibility of Ministers, Heads of ministerial-level agencies, Presidents of People's Committees at all levels, Heads of authorities, and units competent to handle administrative violations in vocational education; suspension measures specified in Clause 1, Article 20 of the Law on Vocational Education and other Decrees in the field of vocational education

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3. Fine levels in the field of vocational education

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c) For the same administrative violation, the fine for an individual is half of the fine for an organization;

Therefore, the administrative penalty for organizations is twice the penalty for individuals. Thus, organizations violating the regulations on teaching the required number of hours can be fined up to VND 40,000,000.

Additionally, individuals and organizations that violate the regulations are responsible for implementing remedial measures specified at Point a, Clause 5, Article 13 of Decree 88/2022/ND-CP and Point b, Clause 5, Article 13 of Decree 88/2022/ND-CP as follows:

- Must teach the required number of hours, complete the study load, and provide the minimum knowledge of the subjects or modules in the training program for violations specified at Clause 2, Article 13 of Decree 88/2022/ND-CP;

- Must annul the examination results or final module exams for violations specified at Points d and đ, Clause 2, Article 13 of Decree 88/2022/ND-CP.

What are penalties for teaching less than the required number of hours in the field of vocational education in Vietnam?​ (Image from the Internet)

What is the statute of limitations for administrative sanctions in the field of vocational education in Vietnam?

According to the provisions of Article 5 of Decree 88/2022/ND-CP on the statute of limitations for administrative sanctions in the field of vocational education:

Statute of limitations for administrative sanctions and implementation of remedial measures

1. The statute of limitations for administrative sanctions in the field of vocational education is 01 year.

2. The point in time to calculate the statute of limitations for administrative sanctions in the field of vocational education shall comply with the provisions at Points b, c, and d, Clause 1, Article 6 of the Law on Handling Administrative Violations.

3. The determination of the administrative violation that has ended, the ongoing administrative violation for calculating the statute of limitations for administrative sanctions shall comply with the provisions of Clause 1, Article 8 of Decree No. 118/2021/ND-CP dated December 23, 2021, of the Government on providing detailed regulations and measures for implementing the Law on Handling Administrative Violations.

The statute of limitations for administrative sanctions in the field of vocational education is 01 year.

To be specific, the time of calculating the statute of limitations for administrative sanctions complies with the provisions at Points b, c, and d, Clause 1, Article 6 of the Law on Handling Administrative Violations 2012 (supplemented by Point b, Clause 72, Article 1 of the Law on Handling Administrative Violations (Amended) 2020) as follows:

+ For administrative violations that have ended, the statute of limitations is calculated from the time the violation ends.

+ For ongoing administrative violations, the statute of limitations is calculated from the time the violation is discovered;

- In the case of administrative sanctions against individuals or organizations referred to the administrative handling authorities by the prosecuting authorities, the statute of limitations shall apply according to the above regulations.

The time during which the prosecuting authorities handle and review the case shall be included in the statute of limitations for administrative sanctions.

- Within the statutory time limits mentioned above, if individuals or organizations deliberately evade or obstruct the sanctioning process, the statute of limitations for administrative sanctions shall be recalculated from the time the evasion or obstruction ends.

What are duties of vocational education teachers in Vietnam?

According to the provisions of Clause 1, Article 13 of Circular 07/2023/TT-BLDTBXH, vocational education teachers are required to perform 05 duties as follows:

- Teaching at the primary vocational level; evaluating the learning outcomes and graduation exam results of learners;

- Participating in professional and operational activities within the subject, department, or vocational education institution; applying scientific and technical advances or technical innovations into teaching and practical professions;

- Participating in compiling curricula, teaching materials; providing feedback on the development of curricula, content of modules assigned for teaching; designing and constructing specialized classrooms; designing, improving, or self-producing vocational education equipment and tools;

- Studying, professional training, and professional skill improvement; practicing at enterprises or specialized agencies; attending classes, exchanging teaching experiences; participating in training other teachers according to professional development needs of the subject, department, or vocational education institution;

- Guiding internships, combining practice with production labor; training learners for participating in skill competitions at various levels.