Additional regulations on violations on overseas education consulting in Vietnam under Decree 04/2021/ND-CP

Additional regulations on violations on overseas education consulting in Vietnam under Decree 04/2021/ND-CP (Internet image)

Currently, Decree 138/2013/ND-CP does not mention violations related to overseas education consulting or foreign cooperation and investment in the field of education. Decree 04/2021/ND-CP has added many administrative violations and corresponding fines in the above fields. Specifically:

1. Fine up to 50,000,000 VND for continuing providing overseas education consulting services during the suspension period of overseas education consulting services in Vietnam

Violations against regulations on overseas education consulting are specified in Article 16 of Decree 04/2021/ND-CP. Accordingly,

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

• Failing to publicly disclose information about the foreign educational institution or quality accreditation or recognition of that foreign educational institution or its educational programs to persons who want to study abroad;

• Publicly disclosing false information about the overseas education consulting service provider or the foreign educational institution or quality accreditation or recognition of that foreign educational institution or its educational programs to persons who want to study abroad;

• Failing to implement prevailing regulations on reporting.

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for leasing or letting others borrow the certificate of registration of overseas education consulting services.

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

• Providing consulting services or sending students to educational institutions in foreign countries for attending higher education, master or doctoral programs which have not yet been accredited or recognized in such countries;

• Providing consulting services or sending students to educational institutions in foreign countries before entering into contracts with such institutions;

• Failing to enter into overseas education consulting service contracts with students who want to study abroad, or their parents or lawful guardians;

• Failing to perform or partially performing responsibilities and obligations of the overseas education consulting service provider towards students who have used its services and are studying abroad.

- A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for continuing providing overseas education consulting services during the suspension period of overseas education consulting services.

2. Fine of up to 30,000,000 VND for performing fraudulent acts for obtaining the license to establish representative office in Vietnam

New regulations are specified in Article 17 of Decree 04/2021/ND-CP as follows:

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for continuing operations after the validity period specified in the license to establish representative office in Vietnam has expired.

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

• Performing fraudulent acts for obtaining the license to establish representative office;

• Operating against the issued decision on licensing for establishment of representative office or certificate of operation registration.

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for carrying out operations before obtaining the license to establish or operate in Vietnam.

In addition, operations of the representative office of foreign educational institution in Vietnam shall be suspended for a fixed period of 03 - 06 months for performing fraudulent acts for obtaining the license to establish representative office

3. Fine up to 60,000,000 VND for admitting Vietnamese students to a foreign educational program in excess of 50% of total students of that program in Vietnam

Violations against regulations on admission of Vietnamese students to foreign educational programs provided by foreign-invested early childhood institutions or general education institutions are specified in Article 18 of Decree 04/2021/ND-CP as follows:

 fine ranging from VND 30.000.000 to VND 60.000.000 shall be imposed for admitting a number of Vietnamese students to a foreign educational program provided by a foreign-invested early childhood education institution or general education institution in excess of 50% of total students of that program.

In addition, in addition to being fined, the entity committing the violation above shall:

- Be compelled to transfer matriculated learners to other eligible educational institutions

- Cancel matriculation decisions and return collected amounts to learners in case of failed transfer.

4. Fine up to 60,000,000 VND for providing joint education or joint training program against the approval given by a competent authority in Vietnam

Violations against regulations on joint education and training with foreign partners arre specified in Article 18 of Decree 04/2021/ND-CP as follows:

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

• Failing to satisfy one of the eligibility requirements to provide joint education or joint training;

• Performing fraudulent acts for obtaining a competent authority’s approval for joint education or joint training.

- A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for providing joint education or joint training program against the approval given by a competent authority.

- A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed for providing joint education or joint training after the validity period specified in the decision on approval or extension or modification of joint education or joint training activities has expired.

- A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for commission of one of the following violations:

• Providing joint education or joint training before obtaining a competent authority’s written approval;

• Exercising the autonomy in providing joint training programs without satisfying eligibility requirements as prescribed.

For acts of organizing joint education or joint training programs that do not comply with the approved content, the joint education or joint training programs will be suspended for a fixed period of 06 - 12 months.

5. Fine of up to 50,000,000 VND for performing fraudulent acts for issuance of Ielts, Toeic, Toefl... certificates in Vietnam

 Violations against regulations on cooperation in organization of examination for issuance of certificates of foreign language proficiency are specified in Article 20 below:

- A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for commission of one of the following violations:

• Failing to satisfy one of the eligibility requirements to cooperate in organization of examination for issuance of certificates of foreign language proficiency;

• Performing fraudulent acts for obtaining a competent authority’s approval for cooperation in organization of examination for issuance of certificates of foreign language proficiency.

- A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for cooperating in organization of examination for issuance of certificates of foreign language proficiency after the validity period specified in the decision on approval or extension of cooperation has expired.

- A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for issuing certificates before obtaining a decision issued by the authority competent to approve cooperation in organization of examination for issuance of certificates of foreign language proficiency.

In case of cheating to organize exams to issue Ielts, TOEIC, Toefl... certificates, additional sanctions will be applied such as suspension of cooperation activities from 06 months to 12 months.

Above are the outstanding new points added to Decree 04/2021/ND-CP on violations related to study abroad consulting; foreign cooperation and investment in the field of education. Thus, from March 10, 2021, Decree 04/2021/ND-CP officially takes effect and will replace the current Decree 138/2013/ND-CP. Agencies, organizations and individuals need to update these regulations to comply with the law.

Le Thanh

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