What penalties are imposed on universities failing to exempt tuition fees for disabled students in Vietnam?

Are disabled students exempt from tuition fees in Vietnam?

Pursuant to Clause 2, Article 15 of Decree 81/2021/ND-CP, the regulation on subjects exempt from tuition fees is as follows:

Subjects Eligible for Tuition Fee Exemption

1. Subjects as stipulated by the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution, if they are studying at educational institutions within the national education system.

2. Preschool children and disabled students.

3. Preschool children and students under 16 years old without a means of support, and persons aged 16 to 22 years who are studying at the first level of higher education and are eligible for a monthly social allowance according to Clauses 1 and 2, Article 5 of Decree No. 20/2021/ND-CP dated March 15, 2021, of the Government of Vietnam on policies for social assistance for beneficiaries of social protection. Learners at intermediate or college levels who are orphans of both parents and without any shelter as stipulated by the Law on Vocational Education.

...

Thus, students with disabilities are eligible for tuition fee exemption when studying at educational institutions within the national education system.

What penalties are imposed on universities failing to exempt tuition fees for disabled students in Vietnam? (Image from the Internet)

What penalties are imposed on universities failing to exempt tuition fees for disabled students in Vietnam?

Pursuant to Article 13 of Decree 130/2021/ND-CP, the regulation is as follows:

Violations regarding the responsibility of educational institutions for education for persons with disabilities

1. A fine ranging from VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Failing to ensure the conditions for teaching and learning suitable for persons with disabilities as stipulated by law;

b) Failing to provide means and materials for learning support specifically for persons with disabilities as stipulated by law;

c) Failing to allow persons with disabilities to be exempt from, or reduce, certain subjects or educational content and activities that their abilities cannot meet;

d) Refusing admission to persons with disabilities at an age higher than the stipulated legal age;

dd) Setting admission conditions that restrict persons with disabilities, except in certain cases as stipulated by law;

e) Failing to prioritize admissions for persons with disabilities as stipulated by law;

g) Obstructing the right to education of persons with disabilities.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Failing to exempt or reduce tuition fees, training costs, and other contributions according to the law on education;

b) Failing to upgrade educational facilities to ensure accessibility for persons with disabilities when renovating, repairing educational institutions.

Pursuant to Clause 2, Article 5 of Decree 130/2021/ND-CP on the amount of fines as follows:

Amount of Fines and Authority to Impose Fines

1. The maximum fine for individuals committing administrative violations in the field of social protection, social assistance, and children is VND 50,000,000.

2. The fine for each administrative violation stipulated in Chapter II of this Decree is the fine for the individual violator, except for the provisions in Articles 8, 9, 12, 13, 14, Clause 1 of Article 16, Article 33, and Clause 2 of Article 36 of this Decree. The fine for organizations committing violations is twice the fine for individuals committing violations.

3. The authority to impose fines for administrative violations stipulated from Articles 38 to 45 of this Decree is the authority applied for one administrative violation by individuals; in the case of fines, the authority to impose fines on organizations committing violations is twice the authority to impose fines on individuals.

Thus, universities that fail to exempt tuition fees for students with disabilities as stipulated will be fined from VND 10,000,000 to VND 15,000,000.

What is the prescriptive period for imposing penalties for universities failing to exempt tuition fees for disabled students in Vietnam?

Pursuant to Clause 1, Article 3 of Decree 130/2021/ND-CP on the prescriptive period for imposing penalties:

Prescriptive period for imposing penalties for administrative violations

1. The prescriptive period for imposing administrative penalties in the field of social protection, social assistance, and children is in accordance with Clause 1, Article 6 of the Law on Handling of Administrative Violations.

2. The determination of the end of an administrative violation or an ongoing administrative violation to calculate the prescriptive period for administrative penalties is in accordance with Clause 1, Article 8 of Decree No. 118/2021/ND-CP dated December 23, 2021, by the Government of Vietnam, detailing some articles and implementation measures of the Law on Handling of Administrative Violations.

Pursuant to Point a, Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012 as amended by Point a, Clause 4, Article 1 of the Amended Law on Handling of Administrative Violations 2020:

Prescriptive period for imposing penalties for administrative violations

1. The prescriptive period for imposing administrative penalties is stipulated as follows:

a) The prescriptive period for imposing administrative penalties is 01 year, except for the following cases:

Administrative violations in accounting, invoices, fees, charges, insurance business, price management, securities, intellectual property, construction, fisheries, forestry, investigation, planning, exploration, exploitation, use of water resources, oil and gas activities, and other mineral activities, environmental protection, atomic energy, housing and office management, land, dikes, press, publishing, production, export, import, trading of goods, production, sale of prohibited goods, fake goods, labor management abroad, then the prescriptive period for imposing administrative penalties is 02 years.

Administrative violations in taxation shall be penalized as stipulated by the law on tax management;

...

Thus, the prescriptive period for imposing penalties on universities that do not exempt tuition fees for disabled students is 01 year.