Disciplinary measures for students violating university training rules in Vietnam

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1. Disciplinary measures for students violating university training rules in Vietnam

According to Article 9 of Circular 10/2016/TT-BGDDT, violating students may, depending on the nature, extent and consequence of their violation, receive warnings, reprimands or may be subject to one of the following disciplinary actions:

(1) A disciplinary action represented in the form of reprimand shall be imposed on students who commit less serious violations for the first time;

(2) A disciplinary action represented in the form of warning shall be imposed on reprimanded students who continue to commit violations, or those who commit less serious violations in a continual manner, or those who commit violations for the first time which are relatively serious;

(3) A disciplinary action represented in the form of fixed-term academic suspension shall be imposed on students who breach rules and regulations or commit serious violations against regulations on student's prohibited acts during the warning period; those who contravene laws and are subject to a suspended sentence. As the case may be, Heads of higher education establishments may consult training rules to make decisions on the suspension term, i.e. the term of one semester, one academic year or the term the same as the suspended sentence period.

(4) A disciplinary action represented in the form of forced expulsion shall be imposed on students who continue to breach rules during the fixed-term suspension period, or commit violations for the first time which have extremely serious nature or level and cause adverse effects on their higher education establishments and society; those who contravene laws and serve jail sentences.

Note:

- A disciplinary action which is at least a warning must be recorded into student administration documentation and informed to student's families.

- Where students are subject to fixed-term suspension or expulsion, higher education establishments must inform local authorities and student's families for their coordination in supervision and education of these students.

- Details of violation and disciplinary framework shall be prescribed in the Appendix hereto attached.

2. Disciplinary procedures and documentation for disciplinary consideration for students violating university training rules in Vietnam

According to Article 10 of Circular 10/2016/TT-BGDDT stipulating the order, procedures and documents for disciplinary consideration for students violating university regulations as follows:

* Disciplinary procedures:

- Violating students shall be forced to write self-criticism reports in which appropriate disciplinary actions imposed on them are clearly stated. If these students fail to comply, the Student Reward and Discipline Board shall proceed to hold a meeting that discusses and agrees on disciplinary actions to be imposed on these students based on available evidence;

- Head teachers of classes attended by these students shall join meetings with all students in these classes, discuss and agree on recommended disciplinary measures on which departments or student affairs units will then make their decisions;

- Departments or student affairs units shall make their assessment before recommending the Student Reward and Discipline Board to make its decision on these recommended measures;

- The Board will then convene a meeting over disciplinary actions to be imposed which is attended by Board members, representatives of class attended by violating students and violating students themselves. If violating students who have been invited to such meeting are absent (for no sound reasons) and do not submit their self-criticism reports, the Board shall hold the meeting as planned and charge them with lack of organizational self-discipline.

The Board shall then vote on disciplinary actions to be applied and request Heads of higher education establishments to issue written decisions on approval of these actions.

* Student’s disciplinary documentation:

- Self-criticism reports (whenever available);

- Minutes of the meeting in which other students give their opinions on violating students;

- Reports issued by host departments or student affairs units;

- Other relevant documents.

3. Invalidation of disciplinary decisions for students violating university training rules in Vietnam

According to Article 11 of Circular 10/2016/TT-BGDDT stipulating the invalidation of disciplinary decisions for students violating university training rules

- With respect to students subject to the disciplinary action represented in the form of reprimand:

+ After 03 months of receipt of the disciplinary decisions, if students do not repeat violations or do not commit any violation to the extent that they have to be subject to disciplinary actions, disciplinary decisions shall be invalidated by default, and their rights and benefits will be restored from the date on which such decisions are invalidated.

- With respect to students subject to the disciplinary action represented in the form of warning:

+ After 06 months of receipt of the disciplinary decisions, if students do not repeat violations or do not commit any violation to the extent that they have to be subject to disciplinary actions, disciplinary decisions shall be invalidated by default, and their rights and benefits will be restored from the date on which these decisions are invalidated.

- With respect to students subject to fixed-term suspension:

+ After expiration of the suspension period, students shall be obliged to submit certificates of accomplishment of citizen's obligations issued by local jurisdictions (communes, wards or townlets) where they reside;

+ Certificates of competent authorities for completion of the suspended sentence period, to higher education establishments to seek their decision on whether they are permitted to continue their learning if all requirements are fully satisfied.

- Competent authorities issuing disciplinary decisions shall clearly provide terms and conditions which specify the disciplinary duration that starts from the date of issue of these decisions and end on the date of expiration of the disciplinary duration in accordance with regulations in force.

Note:

- If individual students and classes of students have found that rewards or disciplinary actions are not based on reasonable grounds, they shall be entitled to file their complaints to relevant departments or divisions or Heads of higher education establishments;

if these higher education establishments continue to issue unreasonable decisions after receipt of such appeals, an appeal shall be sent to competent authorities in accordance with laws on appeal and denunciation. (Article 13 of Circular 10/2016/TT -BGDDT).

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