09:40 | 06/08/2024

What are the penalties imposed upon revoking bachelor's degree against regulations in Vietnam?

What are the penalties imposed upon revoking bachelor's degree against regulations in Vietnam?

What are the penalties imposed upon revoking bachelor's degree against regulations in Vietnam?

A university degree, also known as a bachelor's degree, is a certificate verifying a person's educational attainment upon completion of a university education program at a recognized higher education institution.

According to point b, clause 2, Article 21 of Decree 04/2021/ND-CP on violations of regulations in the issuance and management of diplomas and certificates under the state management scope of the Ministry of Education and Training of Vietnam. To be specific:

Violations of regulations on the issuance and management of diplomas and certificates under the state management scope of the Ministry of Education and Training of Vietnam

1. A fine ranging from 10,000,000 VND to 20,000,000 VND for any of the following acts:

a) Failure to issue or issuing regulations on the preservation, storage, usage, issuance of diplomas and certificates without full content as prescribed by current laws;

b) Failing to ensure material facilities, equipment, fire prevention and fighting measures for the preservation of diplomas, certificates, and records as prescribed by current laws;

c) Issuing decisions to amend and reissue diplomas and certificates non-conformable to current legal procedures, content, authority, and deadlines;

d) Failing to issue diploma copies and certificates as prescribed by current laws.

2. A fine ranging from 20,000,000 VND to 30,000,000 VND for any of the following acts:

a) Issuing diplomas, certificates, or copies of diplomas and certificates not within the prescribed time limits;

b) Revoking or canceling diplomas and certificates non-conformable to current laws;

c) Failing to issue or issuing diploma appendices together with higher education diplomas non-conformable to current laws;

d) Failing to create or creating incomplete or inaccurate records for the issuance and management of diplomas and certificates as prescribed by current laws.

3. A fine ranging from 30,000,000 VND to 40,000,000 VND for any of the following acts:

a) Issuing diplomas, certificates, or copies of diplomas and certificates non-conformable to current laws, except for violations specified in point a, clause 2 of this Article;

b) Committing fraud to obtain diplomas, certificates, or copies of diplomas and certificates.

4. A fine ranging from 40,000,000 VND to 50,000,000 VND for failing to create a database system for managing diplomas and certificates.

5. Remedial measures:

a) Compulsory cancellation of any documents containing unlawful content; cancellation of reissued diplomas and certificates non-conformable to current laws in terms of content or authority for violations specified in point c, clause 1 of this Article;

b) Compulsory cancellation of diplomas, certificates, or copies of diplomas and certificates for violations specified in clause 3 of this Article.

Additionally, point b, clause 3, Article 3 of Decree 04/2021/ND-CP states:

The fines specified in Chapter II of this Decree apply to administrative violations by organizations, except for the provisions 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, and clause 1, Article 29 of this Decree which are the fines for administrative violations by individuals. The fine for the same administrative violation by an individual is half the fine for an organization.

Thus, a university can be fined an administrative penalty ranging from 20,000,000 VND to 30,000,000 VND in the case of revoking non-conformable diplomas to current laws.

When shall a student receive their university degree after completing the program in Vietnam?

According to clause 1 and clause 2, Article 14 of the undergraduate training regulations issued by the Minister of Education and Training under Circular 08/2021/TT-BGDDT on graduation recognition and diploma issuance:

Graduation recognition and diploma issuance

1. Students are considered for graduation and recognized if they meet the following conditions:

a) Accumulate sufficient courses, credits, and complete other mandatory contents as required by the training program, achieving the program's output standards;

b) Achieve an overall GPA from average or higher;

c) At the time of graduation consideration, they are not being prosecuted for criminal responsibility or not under disciplinary suspension.

2. Qualified students are decided to graduate and issued with graduation diplomas by the head of the training institution within 3 months from the time they meet all graduation conditions and fulfill their obligations to the training institution.

...

Thus, qualified students are recognized for graduation and issued graduation diplomas within 3 months from the time they meet all graduation conditions and fulfill their obligations to the training institution.

Students are considered for graduation and recognized if they meet the following conditions:

- Accumulating sufficient courses, credits, and completing other mandatory contents as required by the training program, achieving the program's output standards;

- Achieving an overall GPA from average or higher;

- At the time of graduation consideration, they are not being prosecuted for criminal responsibility or not under disciplinary suspension.

Does the university retain information after issuing bachelor's degree to students in Vietnam?

According to point a, clause 2, Article 22 of the undergraduate training regulations issued by the Minister of Education and Training under Circular 08/2021/TT-BGDDT on policies for reporting, storing, and publicizing information:

Policies for reporting, storing, and publicizing information

...

2. The training institution is responsible for safely storing and preserving documents related to training according to regulations issued by the Ministry of Education and Training of Vietnam.

a) Admission decisions, original transcripts, graduation recognition decisions, and original books for issuing graduation diplomas for students are permanently stored documents at training institutions;

b) Other documents related to admission and training are stored and preserved throughout the training process;

c) Disposal of admission and training documents after the storage period is carried out according to current state regulations.

...

Thus, universities are responsible for safely storing and preserving documents related to training according to the regulations issued by the Ministry of Education and Training of Vietnam, including the original books for issuing graduation diplomas for students, which are permanently stored documents at the university.

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