Vietnam's Decree 04/2021/ND-CP on administrative sanctions in field of education available

Recently, the government of Vietnam issued Decree 04/2021/ND-CP regulating administrative sanctions in the field of education, replacing Decree 138/2013/ND-CP. In particular, this decree details the sanctioning forms for organizations and individuals that commit violations.

Vietnam: Decree 04/2021/ND-CP on administrative sanctions in the field of education (Illustration)

Specifically, according to Article 3 of Vietnam's Decree 04/2021/ND-CP, sanctioning forms and fine levels in the field of education are prescribed as follows:

(1) The primary type of sanction:

- Warning;

- Monetary fine.

(2) Additional punishment

- Confiscation of material evidence and means of administrative violations;

- Expulsion;

- Suspension of operations for a definite period.

(3) The level of fines in the educational field:

- The maximum fine in the field of education for individuals is 50,000,000 VND; for organizations it is 100,000,000 VND.

- The fine level specified in Chapter II of Vietnam's Decree 04/2021/ND-CP shall be applied to administrative violations committed by organizations, except for the provisions in Clause 5, Article 9, Clause 2, Article 11, and Clause 1. and Points a, b, c, d, e, clause 3; Article 14, point b, clause 3; Article 21, clause 1; Article 23, clause 1; and Article 29 of Vietnam's Decree 04/2021/ND-CP are fines for individual administrative violations.

Note: For the same administrative violation, the fine level for an individual is half of the fine level for an organization.

In addition to stipulating sanctions for violations in the field of education, Decree 04/2021/ND-CP also specifically stipulates remedial measures that can be applied to education violations. with violating organizations and individuals. In addition to the remedial measures specified at Points a, e, and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations, administrative violations in the field of education may also be subject to the application of one or more 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) Forcible 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.Okay,

(6) Forcible return of students' records and papers

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

(8) Forcible reduction of 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) Forcible 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) Imposing a sufficient number of periods and study volume or arranging for a sufficient number of periods and study volume to be taught

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

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

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

(19) Forced to compel the payment of an incorrect amount to the state budget.20. Forced publicity 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

See more administrative violations in the field of education and corresponding fines in Vietnam's Decree 04/2021/ND-CP effective March 10, 2021.

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