Sanctions of administrative violations in the field of education in Vietnam: Many additional remedial measures

Sanctions of administrative violations in the field of education in Vietnam: Many additional remedial measures (Illustration)

Specifically, according to the provisions of Article 4 of Vietnam's Decree 04/2021/ND-CP, in addition to the remedial measures specified at Points a, e, and i, Clause 1, Article 28 of the Law on Handling of Administrative and Administrative Violations Administrative violations in the field of education may also be subject to one or several of the following remedial measures:

(1) Forcible cancellation of documents issued without authority or containing illegal content.

(2) Forcible destruction of books, textbooks, lectures, materials, and teaching aids.

(3) Forcing the organization to test and re-evaluate students' results.

(4) Forcible guarantee of the candidate's interests

(5) Forcible transfer of enrolled students who are eligible for admission to another educational institution with permission to conduct educational activities or cancellation of admission decision; return of collected funds to learners if they do not transfer.

(6) Forcible return of students' records and papers

(7) Forcible return of the collected amount and bear all costs of organizing the return.

(8) Forcing to reduce the number of enrollments next year to at least equal to the number of enrollments exceeding the quota.

(9) Forcible withdrawal of diplomas and certificates

(10) Forcible withdrawal of diplomas and certificates

(11) Forcible cancellation of diploma and certificate copies

(12) Forcible cancellation of the results of accreditation or educational accreditation.

(13) Forcing the re-submission and requesting the competent agency to revoke the issued papers and documents

(14) Forcible transfer of learners to places that have been licensed or registered for educational activities

(15) Forcing a sufficient number of periods and study volume or arranging for a sufficient number of periods and study volume to be taught

(16) Forcing the organization to defend the thesis or thesis or to organize the re-defence of the thesis or thesis according to regulations.

(17) To ensure the safety of school and classroom facilities.

(18) Forcing the cancellation of the disciplinary decision and the restoration of the learner's right to study

(19) Forcing to pay the wrong amount to the state budget.

(20) Forced to be made public according to regulations.

(21) Forcing a public apology to the person whose honor and dignity have been offended; infringing on the body, except where the person's honor and dignity have been violated; physically infringing or the legal representative of a minor who requests no public apology.

(22) Forcible return of expenditures that are not in accordance with regulations from funding sources

Compared to the past, in Article 4 of Vietnam's Decree 138/2013/ND-CP, only 12 remedial measures are prescribed for administrative violations in the field of education, including:

• Forcible dissolution of educational institutions, organizations belonging to educational institutions, educational quality accreditation organizations established without authority.

• Forcible cancellation of documents that have been issued improperly or with illegal content.

• Forcible destruction of books, textbooks, lectures, documents, and teaching equipment with inappropriate content, distorting, inciting violence, and affecting the nation's fine customs and traditions.

• Forcing to restore the original state that has been changed due to the act of writing more, editing test content, school records, grade books, report cards, or other documents related to the assessment of the student's learning and training results.

• Forced to ensure the interests of candidates for the act of losing the test.

• Forced to return the amount collected to the learners and bear all costs associated with the return; if it is not possible to return the money, the amount obtained from the violation shall be remitted to the state budget

• Forced to reduce the number of enrollments next year by the number that has been exceeded; Forcible transfer of learners to the location licensed for educational activities;

• Forced to supplement the missing subject or educational content according to the prescribed educational program.

• Enforce the addition of sufficient conditions for teachers, facilities, and teaching equipment to ensure the quality of education or to ensure safe conditions for school and classroom facilities.

• Forcible cancellation of exam results; subject assessment results; dissertation or thesis defense results; re-mark exams; re-evaluate course results; organize the defense of theses and theses.

• Forcible cancellation of printed certificates and diplomas with incorrect contents.

• Forcible transfer of students who are eligible for admission to another educational institution; or cancellation of the matriculation decision; returning the collected funds to the learners if they cannot be transferred to the educational institution that has illegally recruited, is dissolved, has its license revoked, or has its educational activities suspended.

Thus, it is clearly that Vietnam's Decree 04/2021/ND-CP has added more remedial measures for administrative violations in the field of education than before. Specifically, from March 10, 2021, there will be 22 remedial measures for administrative violations in the field of education.

Ty Na

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