15:34 | 27/07/2024

What are the penalties imposed upon a university for carrying out enrolment against the announced enrolment scheme in Vietnam?

What are the penalties imposed upon a university for carrying out enrolment against the announced enrolment scheme in Vietnam?

What are penalties imposed a university for carrying out enrolment against the announced enrolment scheme in Vietnam?

According to point b, clause 3, Article 8 of Decree 04/2021/ND-CP regarding violations of regulations on organization of enrolment activities:

Violations of regulations on organization of enrolment activities

  1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

a) Announcing admissions or publishing the enrolment scheme not accurately or incompletely as required by current legal regulations;

b) Announcing admissions for less than the required period as stipulated by current legal regulations.

  1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:

a) Announcing admissions quotas exceeding the number stipulated by regulations determining admissions quotas;

b) Not adhering to the admissions process as required by current legal regulations.

3. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following acts:

a) Failing to announce the minimum quality threshold for admissions applicable to programs that require such a threshold;

b) Carrying out enrolment against the announced enrolment scheme.

  1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for organizing admissions for a foreign education program or major without authorization.
  1. Additional penalty: Expulsion of foreigners who commit the violation stipulated in clause 4 of this Article.
  1. Corrective measures: Transferring eligible admitted students to another educational institution that meets the legal operational requirements or canceling the admissions decision and refunding the collected fees to the students if the transfer cannot be carried out for the violation stipulated in clause 4 of this Article.

And According to point b, clause 3, Article 3 of Decree 04/2021/ND-CP regarding the fine levels:

Forms and Levels of Penalties in the Field of Education

...

  1. Fine levels in the field of education:

...

b) The fine levels stipulated in Chapter II of this Decree apply to administrative violations by organizations, except for the provisions in clause 5 of Article 9, clause 2 of Article 11, clause 1 and points a, b, c, d, e of clause 3 of Article 14, point b of clause 3 of Article 21, clause 1 of Article 23, clause 1 of Article 29 of this Decree which specify the fine levels for administrative violations by individuals. For the same administrative violation, the fine level for individuals shall be half of that for organizations.

...

Thus, a university carrying out enrolment against the announced enrolment scheme shall be fined from VND 30,000,000 to VND 40,000,000.

How Are Universities Penalized for Admissions Not Complying with the Announced Admissions Scheme?

What are penalties imposed a university for carrying out enrolment against the announced enrolment scheme in Vietnam? (Image from the Internet)

What are the main contents of the university enrolment scheme in Vietnam?

According to clause 2, Article 11 of the Higher Education Admissions Regulation and College Admissions Regulation in Preschool Education issued with Circular 08/2022/TT-BGDDT, the main contents of the university enrolment scheme include:

- Information introducing the training institution, the majors, and training programs, including information on the decision to open the majors, the language of instruction, faculty, study and research conditions, diplomas, quality assessment results, the graduation rate (out of total enrollments), and the employment rate matching the graduates' qualifications (according to Appendix 3 of the Higher Education Admissions Regulation and College Admissions Regulation in Preschool Education issued with Circular 08/2022/TT-BGDDT);

- Complete information on training costs, tuition fees, admissions service fees, and other service charges for the entire course, each academic year; scholarship policies, tuition fee exemptions and reductions, financial support, dormitory accommodation, and other preferential policies and support for students;

- The admissions plan and scope for each enrollment period within the year (in which the first enrollment period for full-time university and college admission must comply with the general plan issued by the Ministry of Education and Training), including regulations on admissions targets and conditions, admissions methods, selection combination, and admissions quotas for each major, training program; registration process and procedures for candidates and other necessary information for candidates;

- Risk handling plans when implementing the admissions work and the obligations of the training institution.

What is the timelimit for publicizing the university enrolment scheme in Vietnam?

According to clause 3, Article 11 of the Higher Education Admissions Regulation and College Admissions Regulation in Preschool Education issued with Circular 08/2022/TT-BGDDT, the regulations are as follows:

Enrolment scheme

...

  1. The training institution shall announce admissions along with publicizing the enrolment scheme on its electronic information portal and by other appropriate means at least 30 days prior to the first enrollment period’s registration commencement; in case of adjustments or supplements (if any) at least 15 days prior.

Thus, the timelimit for a university to publicize its enrolment scheme is at least 30 days before the first enrollment period's registration commencement. In cases of adjustments or supplements (if any), it must be at least 15 days prior.

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