Vietnam: Fine of up to VND 40 million for ineligible self-opening training industry

Vietnam: Fine of up to VND 40 million for ineligible self-opening training industry (Illustration)

Currently, Vietnam's Decree 138/2013/ND-CP does not stipulate fines for violations on opening training majors or majors. There are many universities that have arbitrarily opened their training majors without meeting the conditions, leading to illegal granting of degrees to students, causing great impacts on society.

The government of Vietnam issued Decree 04/2021/ND-CP, which stipulates the level of fines for violations on opening training majors, with specific fines as follows:

Fine level:

(1) A fine of between VND 10 and 20 million shall be imposed for the act of autonomously opening a training discipline or major that is not in accordance with the order and procedures as prescribed by current law;

(2) A fine of between VND 20-40 million for one of the following acts:

+ Having the autonomy to open a training discipline or major when one of the conditions prescribed for an industry or major is not fully satisfied;

+ Fraud to get permission to open a training discipline or major;

+ Failing to maintain one of the conditions for opening a training discipline or major in accordance with current law.

Additional penalties:

- Suspend educational activities for branches or majors for 6-12 months for acts of failing to maintain one of the conditions for opening a training major or major.

Remedial measures:

- Forcible transfer of enrolled students who are eligible for admission to another educational institution eligible for permission to conduct educational activities or cancel the matriculation decision, return the collected funds to the learners if they cannot be transferred due to the offenses in item (2);

- Forcible re-submission and petition to the competent authority to revoke the decision permitting the opening of a training discipline or training major for fraudulent acts in order to be permitted to open a training discipline or major.

So, from March 10, 2021, if any educational institution has an act of autonomously opening a training discipline or major when it fails to meet one of the prescribed conditions for a major or major, they will be fined up to 40 million VND.

Vietnam's Decree 04/2021/ND-CP, effective from March 10, 2021.

Le Hai

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