Will a person using fake diplomas and certificates be prosecuted for criminal liability in Vietnam?

Will a person using fake diplomas and certificates be prosecuted for criminal liability in Vietnam? (Internet image)

Regarding this matter, LawNet would like to answer as follows:

Pursuant to Article 3 of Decision 22/2001/QD-BGDDT, the conditions for training to get the second university diploma in Vietnam are as follows:

- Training for a second university diploma can only be carried out at training institutions permitted by the Ministry of Education and Training in fields that have been permitted to train regular courses after at least two regular courses in that field have graduated.

- The training establishment must send a written proposal to the Ministry of Education and Training. The proposal must specify the number of students to be trained for the second university diploma in each branch and the current size of the formal system of this branch; the conditions to assure the training quality such as teachers, schooling equipment, material bases, teaching and learning materials.

- On the basis of proposals of the training establishments, the annual rates of formal university training and the conditions to ensure quality, the Ministry of Education and Training shall assign the rates of student enrolment for the second university diploma to the eligible establishments

According to the investigating agency, Dong Do University has granted bachelor's diplomas in English to 626 cases. Among them, 193 people were granted diplomas without admission, training, or without meeting the requirements, 23 people participated in studying but because Dong Do University was eligible to provide training programs so the diplomas have no value.

Therefore, those who use fake diplomas issued by Dong Do University will be administratively sanctioned according to Clauses 3 and 5, Article 16 of Decree 138/2013/ND-CP, specifically:

Article 16. Violations against regulations on use and publishing of information about the issuance

3. Fines of from VND 10,000,000 to VND 20,000,000 shall be imposed for the trade or use of false qualifications/certificates.

5. Additional penalties: Confiscating the exhibits and instruments for committing administrative violations against the regulations in clauses 2, 3 and 4 of this Article.

In addition, if any individual uses a fake certificate to commit illegal acts, he or she will be prosecuted for criminal liability for the crime of fabricating an organization's seal or documents and use thereof according to Article 314 of the Penal Code 2015 amended in 2017

Article 341. Fabricating an organization's seal or documents and use thereof

1. Any person who fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence involves 02 - 05 fabricated seals or documents;

d) The fabricated seal or document is used to commit a less serious crime or a serious crime;

dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence involves ≥ 06 fabricated seals or documents;

b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;

c) The illegal profit earned is ≥ VND 50,000,000

4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000

So for people using fake documents will be fined up to 20 million dong; if they use fake documents to commit illegal acts, they will be criminally liable with a minimum sentence of 03 months to a maximum of 07 years and fined from 5 million dong to 50 million dong.

Le Hai

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