Decree 88/2022/ND-CP: To increase number of penalties for administrative violations in field of vocational education in Vietnam

Lawnet would like to answer your questions as follows:

On October 26, 2022, the Government of Vietnam issued Decree 88/2022/ND-CP stipulating penalties for administrative violations in the field of vocational education.

Accordingly, Decree 88 stipulates a series of increases in penalties for administrative violations in the field of vocational education, for example:

A maximum fine of VND 150,000,000 shall be imposed for granting diplomas or certificates to learners who do not meet the prescribed graduation requirements, but not to the extent of being investigated for criminal liability.

Fines shall be imposed according to the following fines:

+ A fine ranging from VND 40,000.00 and VND 60,000,000 shall be imposed for violations with less than 10 learners;

+ A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for violations from 10 to under 20 learners;

+ A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for violations from 20 to under 30 learners;

+ A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for violations from 30 to less than 40 learners;

+ A fine ranging from VND 120,000,000 to VND 150,000,000 shall be imposed for violations of 40 or more learners.

(Decree 79/2015/ND-CP stipulates a fine ranging from VND 20,000,000 to VND 30,000,000 for the above acts)

At the same time, compared to Decree 88, the additional forms of penalties and remedial measures for the above violations are as follows:

* Additional penalties:

+ Suspend vocational education activities for a term of 06 to 12 months for violations with less than 20 learners;

+ Suspend vocational education activities for a term of 12 to 18 months for violations of 20 or more learners.

* Remedial measures:

+ Forcible revocation or cancellation of diplomas and certificates;

+ Enforce the rights and interests of learners.

Fines for the act of enrolling the wrong students at the elementary level:

+ From 1,000,000 VND to 3,000,000 VND for incorrect enrollment of less than 10 students;

+ From 3,000,000 VND to 5,000,000 VND for incorrect enrollment of 10 to under 30 learners;

+ From 5,000,000 VND to 10,000,000 VND for incorrect enrollment of 30 students or more.

Fines for the act of enrolling the wrong subjects for intermediate level students:

+ From 5,000,000 VND to 10,000,000 VND for incorrect enrollment of less than 10 students;

+ From 10,000,000 VND to 20,000,000 VND for incorrect enrollment of 10 to under 30 learners;

+ From 20,000,000 VND to 30,000,000 VND for incorrect enrollment of 30 students.

Fines for the act of enrolling in the wrong college-level subjects:

+ From 10,000,000 VND to 20,000,000 VND for incorrect enrollment of fewer than ten students;

+ From 20,000,000 VND to 30,000,000 VND for incorrect enrollment of 10 to 30 students;

+ From 30,000,000 VND to 40,000,000 VND for incorrect enrollment of 30 students.

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for erasing or correcting papers in the enrollment application in order to be admitted to vocational education qualifications but not to the extent of being prosecuted for criminal liability.

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for cheating on enrollment documents in order to enjoy the policy of lying to learners in vocational education but not to the extent of being prosecuted for penal liability.

* Additional penalties: suspension of enrollment activities for a period of 3 to 6 months for violations specified in Point c, Clause 2 and Point c, Clause 3 of Decree 88.

* Remedial measures:

- Forcible cancellation of the admission decision; forcible refund of the student's collected amounts and bear all reimbursement costs for the violations specified in Clauses 1, 2 and 3 of Article 11 of Decree 88 if the violation is not due to the learner's fault or there is fault of both the subject of the violation and the learner;

- Forcible cancellation of matriculation results, results of study, examination and examination, consideration for recognition of graduation, revocation of diplomas and graduation certificates granted to learners, for violations specified in Clause 4 and Clause 5, Article 11 of Decree 88;

- Forcible return of erased or corrected papers to the issuing authority for violations specified in Clause 4, Article 11 of Decree 88;

- Forcible refund of amounts supported or enjoyed from the state budget, for acts of violation specified in package 5, Article 11 of Decree 88.

See also Decree 88/2022/ND-CP, which takes effect from 12/12/2022 and replaces Decree 79/2015/ND-CP.

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