Vietnam: The act of letting others ‘borrow” degrees/diplomas/certificates shall be severely fined

This is one of the notable contents mentioned at the Decree No. 04/2021/NĐ-CP on penalties for administrative violations against regulations on education, effective from March 10, 2021.

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Vietnam: Severe fine for letting others "borrow" diploma or certificate (Artwork)

Specifically, according to Article 23 of the Decree No. 04/2021/NĐ-CP of the Vietnam’s Government, penalties for violations against regulations on use and disclosure of information on issuance of degrees/diplomas/certificates under management of Ministry of Education and Training of Vietnam are specified as follows:

(1) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

- Using degrees/diplomas/certificates of others;

- Letting others use one’s degrees/diplomas/certificates;

- Using degrees/diplomas/certificates which have been erased, altered or falsified.

The Decree No. 04/2021/NĐ-CP of the Vietnam’s Government has supplemented a fine for the act of letting others use one’s degrees/diplomas/certificates (in comparison with the Decree No. 138/2013/NĐ-CP, there is no provision on fine for this violation). Thus, from March 10, 2021, a person who commits the act of letting others use his/her degrees/diplomas/certificates shall be imposed a fine ranging from VND 5.000.000 to VND 10.000.000.

Concurrently, the Decree No. 04/2021/NĐ-CP has also sharply increased the fine for the act of using degrees/diplomas/certificates of others or using degrees/diplomas/certificates which have been erased, altered or falsified. This fine is ranging from VND 2.000.000 to VND 8.000.000 for each violation in accordance with provisions of the Decree No. 138/2013/NĐ-CP.

(2) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

- Disclosing inadequate information on issuance of degrees/diplomas/certificates on the issuer’s website;

- Disclosing inaccurate information on issuance of degrees/diplomas/certificates on the issuer’s website.

These are new penalties supplemented at the Decree No. 04/2021/NĐ-CP. Currently, the Decree No. 138/2013/NĐ-CP does not stipulate penalties for these 2 violations but has provision on fine for not updating and publishing the information about qualifications and certificates on home website.

(3) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for failing to disclose information on issuance of degrees/diplomas/certificates on the issuer’s website. According to the current provision, this violation is only fined from VND 1.000.000 to VND 2.000.000. Thus, the Decree No. 04/2021/NĐ-CP of the Vietnam’s Government has increased the fine 40 times for this violation compared to this provision of the Decree No. 138/2013/NĐ-CP.

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