The Government has issued Decree 127/2021/ND-CP amending and supplementing a number of articles of Decree 04/2021/ND-CP stipulating penalties for administrative violations in the field of education. According to yes, there are 5 notable new points as follows:
Article table of contents
05 new points on administrative sanctions in the field of education (Artwork)
1. Increase the maximum fine to 150 million
Decree 127/2021 stipulates that the maximum fine in the field of education for individuals is 75 million VND, for organizations is 150 million VND.
(Previously, the maximum fine in the field of education for individuals was 50 million VND, for organizations was 100 million VND).
Thus, the new regulation has increased the maximum fine in the field of education.
2. Supplementing the principle of administrative sanction in the field of education
Decree 127/2021 adds principles when sanctioning administrative violations in the field of education as follows:
- An administrative violation shall be sanctioned only once.
- Many organizations or individuals commit an administrative violation, each violating organization or individual will be sanctioned for that administrative violation.
3. Supplementing regulations on administrative sanctioning time limit in education
According to Clause 2, Article 1 of Decree 127/2021 , the statute of limitations for sanctioning administrative violations in the field of education is 01 year.
- The time to calculate the statute of limitations for sanctioning administrative violations is prescribed as follows:
+ For an administrative violation that has ended, the statute of limitations is counted from the time of termination of the violation;
+ For administrative violations being performed, the statute of limitations is counted from the time the person competent to perform official duties detects the violation;
+ In case of sanctioning an administrative violation against an organization or individual who is transferred by a person competent to make administrative violation records, the statute of limitations for sanctioning shall be applied according to the above provisions up to the time of issuance of the decision on administrative violation. administrative fines.
- The determination of the administrative violation has ended, the administrative violation is being performed to calculate the statute of limitations for sanctioning administrative violations according to the principles specified in Clause 1, Article 8 of Decree 118/ 2021/ND-CP specifically as follows:
+ Ended administrative violation is an act committed once or many times and there are grounds to determine that the act has been completed before the time a competent agency or person detects an administrative violation;
+ An administrative violation in progress is an act that is happening at the time a competent agency or person detects an administrative violation and that act is still infringing on the state management order.
4. Increase the fine for the act of enrolling in the wrong university, master, or doctorate
Decree 127/2021 amending and supplementing a number of clauses of Article 9 of Decree 04/2021 on penalties for violations of regulations on enrollment subjects, specifically:
- A fine ranging from VND 110 million to VND 150 million shall be imposed for enrolling for university-level training against the wrong subjects specified in the regulations on enrollment of 30 or more learners.
(Previously, the fine was from 70 million VND to 100 million VND).
- A fine ranging from VND 110 million to VND 150 million shall be imposed for enrolling students at master's or doctoral degrees against the wrong subjects specified in the regulations on enrollment of 10 or more learners.
(Previously, the fine for this behavior was VND 70 million to VND 100 million).
5. Increase the maximum penalty for illegal issuance of foreign language proficiency certificates
In Clause 8, Article 1 of Decree 127/2021 stipulates as follows:
A fine ranging from VND 80 million to VND 110 million (instead of VND 100 million) for acts of granting certificates without a decision from a competent authority approving the joint organization of the competency certificate exam. foreign languages.
Thus, the new regulation has raised the maximum fine level for violations on association in organizing foreign language proficiency certification exams to 110 million VND instead of 100 million VND as before.
Decree 127/2021/ND-CP takes effect from January 1, 2022.
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