Are there penalties for cheating on examination scores in Vietnam?
Are there penalties for cheating on examination scores in Vietnam? Can I be criminally prosecuted for cheating on examination scores in Vietnam?
Hello, I'm a 10th grader at M High School. In the last exam of the second semester, my school had an incident that was also a bit big. At the time of marking the exam, there was Mr. G who surreptitiously corrected the examination scores of a friend that he taught, but later he was found out by the school. We also heard that the teacher was disciplined or something, but I don't know how. So let me ask if the teacher unlawfully changes the student's test scores, will there be any penalties? Please advise.
Are there penalties for cheating on examination scores in Vietnam?
According to Clauses 3 and 5, Article 14 of Decree 04/2021/ND-CP, violations against regulations on examination, it is stipulated that:
3. The following fines shall be imposed for violations against regulations on examination:
a) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for entering the area where an exam is organized or marking activities are performed without permission; bringing documents, information carriers, or tools/equipment which are not allowed/prohibited to the exam room or marking area;
b) A fine ranging from VND 2.000.000 to VND 6.000.000 shall be imposed for doing the exam for another candidate or providing assistance for another candidate during an exam session;
c) A fine ranging from VND 6.000.000 to VND 8.000.000 shall be imposed for unlawfully changing the contents of exam papers or the given grades, if not liable to criminal prosecution;
d) A fine ranging from VND 8.000.000 to VND 12.000.000 shall be imposed for swapping exam papers, if not liable to criminal prosecution;
dd) A fine ranging from VND 12.000.000 to VND 14.000.000 shall be imposed for organizing marking of exam papers against regulations, if not liable to criminal prosecution;
e) A fine ranging from VND 14.000.000 to VND 16.000.000 shall be imposed for knowingly personating another person or having another person personate at an exam.
5. Remedial measures:
a) The entity committing the violation in Clause 2 of this Article is compelled to correct false information;
b) The entity committing the violation in Point c Clause 3 of this Article is compelled to restore the initial state which has been altered due to the violation;
c) The entity committing the violation in Point c, d or dd Clause 3, or Clause 4 of this Article is compelled to ensure rights and benefits of candidates.
At Point b, Clause 3, Article 3 of Decree 04/2021/ND-CP, there are regulations on fines between individuals and organizations:
3. Fines:
b) The fines prescribed in Chapter II of this Decree shall be imposed upon violating organizations, except the fines prescribed in 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 shall be imposed upon violating individuals. The fine imposed upon an individual is half of that imposed upon an organization for committing the same administrative violation.
Thus, the act of cheating scores is a violation of the law and is subject to administrative penalties in Vietnam. The penalty is from 6,000,000 VND to 8,000,000 VND and is forced to restore the original score.
Can I be criminally prosecuted for cheating on examination scores in Vietnam?
Pursuant to Article 356 of the Penal Code 2015 as amended by Point s Clause 1 Article 2 of the Law amending the Penal Code 2017 abuse of power or position in performance of official duties is prescribed:
1. Any person who, for personal gain or other self-seeking purposes, abuses his/her power or position in performance of official duties to act against his/her official duties and as a result causes property damage assessed at from VND 10,000,000 to under VND 200,000,000 or otherwise infringes upon state interests, lawful rights and interests of another organization or individual shall face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The property damage caused by the offence is assessed at from VND 200,000,000 to under VND 1,000,000,000.
3. If The property damage caused by the offence is assessed at ≥ VND 1,000,000,000, the offender shall face a penalty of 10 - 15 years' imprisonment.
4. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years, liable to a fine of from VND 10,000,000 to VND 100,000,000.
Therefore, the act of cheating on test scores, in addition to being administratively sanctioned, can be criminally prosecuted in Vietnam.
Best Regards!
