Fine of up to VND 10 million for insulting students in Vietnam

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.

Fines of up to VND 10 million may be imposed for acts that offend the honor, dignity, and body of students.

Accordingly, regulations on fines for violations against regulations on discipline of learners, offending the honor, dignity, and body of learners, violate regulations on policies for learners as follows:

- A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

+ Discipline learners not in accordance with regulations;

+ Infringing upon the honor and dignity of the student, infringing upon the student's body but not to the extent of being examined for penal liability.

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for violations of regulations on policies towards learners.

- Remedial measures:

+ Forcible cancellation of the disciplinary decision and restoration of the learner's right to study for the violations specified at Point a, Clause 1, Article 30 of Decree 88;

+ Forcible public apologies to learners whose honor, dignity, or body have been violated, for the violations specified in Point b, Clause 1, Article 30 of Decree 88, unless the learners or their legal representatives demonstrate that the student's law is insulting to honor, dignity, or body and does not require a public apology;

+ Forcing the correct implementation of policies towards learners for violations specified in Clause 2, Article 30 of Decree 88.

Regulations on fines for acts of offending teachers' honor

In addition, for acts of insulting honor and dignity, infringing upon the status of teachers, officials, employees, and workers in vocational education institutions; violating regulations on policies and regulations for teachers as follows:

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for offending the honor and dignity or infringing on the body of teachers, military officers, public employees, employees or employees in educational establishments. However, not to the point of criminal prosecution.

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for violations of policies towards teachers.

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failing to conduct assessment and grading; failing to develop plans or organize professional and professional training and retraining; failing to arrange teachers to practice at enterprises or professional agencies as prescribed.

- Remedial measures:

+ Forcing a public apology to the person whose honor and dignity were offended; physically infringing on acts of violation specified in section 1, Article 27 of Decree 88, unless the person whose honor, dignity, or body is violated requests not to be publicly apologized;

+ Forcing to strictly comply with regulations on policies and regulations for false teachers with violations specified in Clauses 2 and 3 of Article 27 of Decree 88.

(Currently, Decree 79/2015/ND-CP does not provide for sanctioning of the above violations.)

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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