What are the penalties imposed upon universities for violations against regulations on organization of enrolment activities in Vietnam?

What are the penalties imposed upon universities for violations against regulations on organization of enrolment activities in Vietnam?

Pursuant to Article 8 Decree 04/2021/ND-CP as follows:

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 any of the following acts:

a) Announcing enrolment, publishing an enrolment scheme incorrectly or insufficiently according to the current legal regulations;

b) Announcing enrolment without sufficient time as prescribed by current legal regulations.

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

a) Announcing enrolment quotas exceeding the quantity stipulated by the regulations on determining enrolment quotas;

b) Failing to follow the correct enrolment process according to the current legal regulations.

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

a) Failing to announce the minimum entrance quality standards for training disciplines that require such standards;

b) Conducting enrolment not in accordance with the published enrolment scheme.

4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of organizing enrolment for disciplines, specialties, or foreign education programs without permission.

5. Additional penalties: Expulsion of foreigners committing the violations mentioned in Clause 4 of this Article.

6. Remedial measures: Institutions must transfer qualified admitted students to other educational institutions eligible for educational operations or cancel enrolment decisions and refund tuition fees to students if unable to transfer, as per the violation stipulated in Clause 4 of this Article.

And at point b, clause 3, Article 3 Decree 04/2021/ND-CP, the fine amounts are specified as follows:

Forms of penalties and fines in the field of education

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3. Fines in the field of education:

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b) The fine amounts stipulated in Chapter II of this Decree apply to administrative violations committed by organizations, except for the provisions at 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 are the fines imposed on individuals. For the same administrative violation, the fine imposed on individuals is half of that imposed on organizations.

Thus, universities committing violations on organizing enrolment will be penalized as follows:

- For acts of announcing enrolment, publishing an enrolment scheme incorrectly or insufficiently as per legal regulations; announcing enrolment without sufficient time according to legal regulations: A fine ranging from VND 10,000,000 to VND 20,000,000;

- For acts of announcing enrolment quotas exceeding the stipulated quantity; failing to follow the correct enrolment process according to legal regulations: A fine ranging from VND 20,000,000 to VND 30,000,000;

- For acts of failing to announce the minimum entrance quality standards for disciplines requiring such standards; conducting enrolment not as per the published enrolment scheme: A fine ranging from VND 30,000,000 to VND 40,000,000;

- For acts of organizing enrolment for disciplines, specialties, or foreign education programs without permission:

+ Main penalty: A fine ranging from VND 40,000,000 to VND 60,000,000;

+ Additional penalty: Expulsion of foreigners committing the violation;

+ Remedial measures: Institutions must transfer admitted students to other qualified educational institutions or cancel the enrolment and refund tuition fees if unable to transfer.

What are the penalties imposed upon universities for violations against regulations on organization of enrolment activities in Vietnam? (Image from Internet)

How long are universities that violate regulations on enrolment subjects, conditions, and quotas prohibited from self-determining enrolment quotas in Vietnam?

According to point c, clause 1, Article 34 Law on Higher Education 2012 amended by point a, clause 19, Article 1 Amended Higher Education Law 2018:

enrolment quotas and organizing enrolment

1. enrolment quotas are specified as follows:

a) enrolment quotas are determined for training disciplines based on labor market demand, socio-economic development requirements, and conformity with conditions regarding the quantity and quality of lecturers, facilities, employment rate of graduates, and other quality assurance conditions;

b) Higher educational institutions self-determine enrolment quotas; publicly announce enrolment quotas, training quality, and conditions ensuring training quality, and the employment rate of graduates; ensure the announced output standards of the training program;

c) A higher educational institution violating regulations on enrolment subjects, conditions, and quotas shall be handled according to legal regulations and prohibited from self-determining enrolment quotas for 05 years from the date of the conclusion on the violation by a competent state authority.

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Thus, higher educational institutions violating regulations on enrolment subjects, conditions, and quotas will be prohibited from self-determining enrolment quotas for 05 years from the date of the conclusion on the violation by a competent state authority.

What methods can universities use to organize enrolment in Vietnam?

According to clause 2, Article 34 Law on Higher Education 2012 stipulating the enrolment methods:

enrolment quotas and organizing enrolment

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2. Organizing enrolment:

a) enrolment methods include: entrance exams, enrolment review, or a combination of entrance exams and enrolment review;

b) Higher educational institutions autonomously decide the enrolment methods and are responsible for enrolment work.

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Thus, universities can organize enrolment through the following methods:

- Entrance exams;

- Enrolment review;

- Combination of entrance exams and enrolment review.