Fines of up to 5 million VND for disciplining students not in accordance with the regulations in Vietnam

Fines of up to 5 million VND for disciplining students not in accordance with the regulations in Vietnam (Artwork).

According to the provisions of Article 28 of Vietnam's Decree 04/2021/ND-CP, fines shall be imposed on teachers and instructors who violate regulations on discipline of learners; offend the honor, dignity, and body of learners; and violate regulations on policies for learners. Specifically,

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

• Disciplining students is not permitted under current law.

• Infringing upon the honor and dignity of the student, infringing upon the student's body, but not to the extent of criminal prosecution.

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for policy violations against learners.

Note: The fines in this regulation apply to organizations. For individuals, for the same administrative violation, the fine level is only 1/2 of the fine level for organizations.

At the same time, the remedial measure for disciplinary actions against learners in contravention of regulations is to force the cancellation of the disciplinary decision and restore the learner's right to study; force to publicly apologize to those whose honor and dignity have been offended; infringe upon the honor and dignity of the student; infringe upon the student's body, except for the case where the person's honor and dignity are violated; or physically infringe upon the legal representative of the student who is a minor who requests no public apology.

Compared with the past, in Article 21 of Vietnam's Decree 138/2013/ND-CP stipulating the fine levels for violations of regulations on student discipline, mistreatment, and insulting the honor and dignity of learners, as follows:

• A fine ranging from VND 2,000,000 to VND 6,000,000 shall be imposed for disciplinary acts of forcing learners to quit school in contravention of regulations;

• A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for offending honor and dignity, ill-treating or infringing upon the student's body.

Thus, according to the above provisions, the fine level for disciplining students in violation of regulations has increased sharply compared to the past. Therefore, from March 1, 2021, schools that discipline students who do not comply with the regulations will be fined from 5 million to 10 million VND. In particular, teachers who discipline students who do not comply with the regulations will be fined up to 5 million VND. At the same time, teachers who commit acts of insulting honor and dignity or infringing on students' bodies will also be fined up to 5 million VND.

Ty Na

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