Significant Increase in Penalties for Disciplinary Actions Against Students That Do Not Follow Proper Disciplinary Procedures

This is one of the notable content in the Draft Decree on administrative sanctions in the field of education, which is currently open for public comments, replacing Decree 138/2013/ND-CP.

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To be specific: This Draft stipulates that a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

- Discipline a learner in a non-conformable manner;- Insulting the honor, dignity, mistreating, or infringing upon the body of a learner.

It can be seen that the Draft has tightened the regulations on administrative penalties for acts violating the discipline of learners. Any act of disciplining a learner in a non-conformable manner will be subject to a fine ranging from VND 5,000,000 to VND 10,000,000. Currently, Decree 138/2013/ND-CP only stipulates a fine for acts of expelling a learner in a non-conformable manner with a fine ranging from VND 2,000,000 to VND 6,000,000.

At the same time, continuing to inherit the current regulation in Decree 138, the Draft also stipulates that, in addition to being fined, the violator must cancel the disciplinary decision and restore the learning rights of the learner in this case.

Additionally, the Draft raises the fine levels for violations regarding the management of learner records, specifically fining from VND 5,000,000 to VND 10,000,000 for any of the following violations:

- Allowing modification of records or documents related to the assessment of a learner's academic results;- Establishing non-conformable learner management records.

For the act of collecting or keeping a learner's records and documents in a non-conformable manner, the fine will range from VND 10,000,000 to VND 15,000,000.

Currently, Article 20 of Decree 138/2013/ND-CP stipulates the fine levels for violations regarding the management of learner records as follows:

Article 20. Violations of regulations on the management of learner records

1. A fine ranging from VND 2,000,000 to VND 4,000,000 for allowing modifications to transcripts, grade books, score sheets, or documents related to the assessment of a learner's academic results.

2. A fine ranging from VND 4,000,000 to VND 8,000,000 for not establishing or incompletely establishing learner management records as prescribed.

Thus, besides significantly increasing the fine levels for violations regarding the management of learner records as previously stipulated in Decree 138, the Draft also adds fines for acts of collecting or keeping a learner's records and documents in a non-conformable manner (Decree 138 currently does not stipulate fines for this act).

See more contents of the Draft Decree on stipulating fines for administrative violations in the field of education HERE.

Nguyen Trinh

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