THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness ---------------
No.: 40/2011/ND-CP	Ha Noi, June 08, 2011

 

DECREE

AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE DECREE NO. 49/2005/ND-CP DATED APRIL 11, 2005 OF THE GOVERNMENT STIPULATING THE SANCTION OF ADMINISTRATIVE VIOLATION IN THE AREA OF EDUCATION.

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Education dated June, 14, 2005; the Law amending and supplementing some articles of the Law on Education dated November 25, 2009;

Pursuant to the Ordinance on Handling of Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

Considering the proposal of the Minister of Education and Training,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 49/2005/ND-CP dated April 11, 2005 of the Government stipulating the sanction of administrative violation in the area of education as follows:

1. Clause 3 of Article 7 is amended and supplemented as follows:

“3. In addition to the form of sanctions specified in Clauses 1 and 2 of this Article, the individuals and organizations committing administrative violations in the area of education may also be subject to one or more remedial measures as follows:

a) Coercively restoring the initial state that has been changed due to administrative violation as required by the competent agencies.

b) Coercively suspending or terminating the activities of teaching and education.

c) Coercively canceling the exam subject results or remarking of examination papers.

d) Coercively teaching, guiding practice and additional probation for enough periods and content and curriculum as prescribed; providing materials and equipment in accordance with the approved plans.

dd) Coercively canceling the decision contrary to that of the competent agencies

e) Coercively restorating the learners’ study interests and guaranteeing the right for person using diplomas or certificates.

g) Coercively reimbursing the learners the amount of money collected and bearing all expenses for organizing the reimbursement due to acts of administrative violation.

h) Coercively revoking diplomas and certificates conferred illegally

i) Coercively bringing out of the territory of Vietnam or re-exporting books, materials, educational equipment imported illegally due to acts of administrative violation.

k) Coercively complementing the conditions fully to ensure the safety for the learners and teachers.

l) Coercively the training facility to comply with the notice of that training facility

m) Stopping the implementation of joint training contract.”

2. Article 8 is amended ans supplemented as follows:

“Article 8. Violating regulations on establishing educational facility

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of losing the decision of establishment, licenses or practice certificates without making declarations with competent agencies.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts of erasement, correction, modifying or adding contents of purchasing, selling, transferring, renting, leasing, borrowing or lending the decision of establishment, licenses or practice certificates in contravention of the law provisions.

3. A fine of between VND 10,000,000 and 100.000.000 shall be imposed for the act of establishing educational facility illegally based on the specific rate of fine for each level as follows:

a) Between VND 10,000,000 and 20,000,000 for the act of establishing the preschool or general educational facility.

b) Between VND 20,000,000 and 30,000,000 for the act of establishing the intermediate vocational training school, constant education centers, foreign language or informatics centers;

c) Between VND 40,000,000 and 60,000,000 for collegial training schools;

d) Between VND 60,000,000 and 100,000,000 for universities;

4. A fine of between 500,000 and 10,000,000 imposed for the acts of organizing educational activities under the program of preschool, general education, intermediate vocational education, collegial and under-graduate and post-graduate education, without permission of the competent agencies or act of giving ultra vires permission at the fine levels as follows:

a) Between VND 500,000 and 100,000 for preschool education.

b) Between VND 1,000,000 and 2,000,000 for general education.

c) Between VND 3,000,000 and 5,000,000 for intermediate vocational and collegial education.

d) Between VND 5,000,000 and 10,000,000 for under-graduate and post-graduate education

5. Additional sanctioning forms and remedial measures to be imposed for the acts prescribed in this Article:

a) Confiscating material evidences and depriving the license for the acts prescribed in Clause 2 of this Article

b) Coersively suspending the educational activities and reimbursing the learners the amount of money collected and bearing all expenses for organizing the reimbursement for the acts prescribed in clause 3 and 4 of this Article.”

3. Supplementing clause 1a and 1b after clause 1 of Article 9 and clause 2, 3 and 4 of Article 9 are amended as follows:

 “1a. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of failing to comply with the content of the notice concerning the enrolment and training of the unit.

1b. Fines shall be imposed for the acts of violation in the joint training at the fine level as follows:

a) Between VND 5, 000,000 and 10.000.000 shall be imposed upon joint training without ensuring the order and procedures as prescribed.

b) Between VND 10, 000,000 and 20.000.000 shall be imposed for the acts of signing contract with the training coordination unit not in accordance with the regulations on the joint training.

2. Between VND 10, 000,000 and 20.000.000 shall be imposed for the acts of training and certificate granting not in accordance with regulations of the law.

3. Between VND 40, 000,000 and 60.000.000 for one of the following violating acts:

a) Training and granting diplomas of the national education system beyond one's vested competence;

b) Training disciplines or specialties beyond one's vested competence.

4. Remedial measures for violations prescribed in this Article include:

a) Coercively reimbursing the amount of money already collected from learners and bearing all expenses for organizing the reimbursement for violating acts specified in Clause 1 and revoking the diplomas or certificates already illegally granted for violations specified in Clauses 2 and 3 of this Article;

b) Coercively restoring the learners' study interest, which has been deprived of due to violation acts specified in Clause 1of this Article under decisions of competent agencies.

c) Coercing the training facility to comply with the notice for the acts of violation of regulation as prescribed in clause 1a of this Article; stopping the performance of the joint training contract for the acts of violation of regulation as prescribed in clause 1b of this Article”

4. Clause 1 of Article 10 is amended and supplemented as follows:

“1. Caution or fines between VND 200,000 and 3,000,000 shall be imposed for the acts of failing to teach insufficient periods or failing to arrange for teaching of sufficient period or knowledge contents (converted into periods) of study subjects as prescribed by the competent agencies for general education, intermediate vocational education, collegial, under-graduate and post-graduate education, at the following fine levels:

a) Caution shall be imposed for violations committed of less than 5 periods for a class in a school year;

b) A fine of between VND 200,000 and 500,000 shall be imposed for a violation committed between 5 and 10 periods for a class in a school year;

c) A fine of between VND 500,000 and 1000,000 shall be imposed for a violation committed between 11 and 15 periods for a class in a school year;

d) A fine of between VND 1.000,000 and 2,000,000 shall be imposed for a violation committed between 16 and 20 periods for a class in a school year;

dd) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for a violation committed from 21 periods or more for a class in a school year;

5. Article 11 is amended and supplemented as follows:

“Article 11. Violation of regulations on enrolment subjects, criteria, norms and competence

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of falsely declaring or joining hands with others in making false declaration of enrolment files for the purpose of being enrolled.

2. A fine of between VND 1,000,000 and 20,000,000 shall be imposed for the acts of enrolling the learners into the preschool and general levels with wrong subjects and or not in conformity with criterias as prescribed with the following fine levels:

a) Between VND 1,000,000 and 2,000,000 for violations of wrong enrolment from 1 to 5 learners;

b) Between VND 2,000,000 and 3,000,000 for violations of wrong enrolment from 6 to 10 learners;

c) Between VND 3,000,000 and 5,000,000 for violations of wrong enrolment from 11 to 15 learners;

d) Between VND 5,000,000 and 10,000,000 for violations of wrong enrolment from 16 to 50 learners;

dd) Between VND 10,000,000 and 20,000,000 for violations of wrong enrolment from 51 learners or more;

3. Caution or fine of between VND 3,000,000 and 15,000,000 shall be imposed for acts of enrolling students for intermediate vocational training in excess of quotas, enrolling wrong subjects or not in conformity with criteria as prescribed with the following fine levels:

a) Caution for enrollment in excess of the assigned enrolment quotas by less than 10%;

b) A fine of between VND 3,.000,000 and 5,000,000 for enrollment in excess of the assigned enrolment quotas by between 10% and under 10% or enrolling less than 10 learners being wrong subjects or not in conformity with criteria;

c) A fine of between VND 5,.000,000 and 10,000,000 for enrollment in excess of the assigned enrolment quotas by between 15% and under 20% or enrolling from 10 to 20 learners being wrong subjects or not in conformity with criteria;

d) A fine of between VND 10,.000,000 and 15,000,000 for enrollment in excess of the assigned enrolment quotas by 20% or more or enrolling from 21 learners or more being wrong subjects or not in conformity with criteria;

4. A fine of between VND 10,000,000 and 80,000,000 shall be imposed for acts of enrolling students for collegial, undergraduate or postgraduate training in excess of quotas, enrolling wrong subjects or not in conformity with the standard as prescribed with the following fine levels:

a) Between VND 10,000,000 and 20,000,000 for the acts of enrolling in excess of the assigned enrolment quotas by between 5% and under 10%;

b) Between VND 20,000,000 and 40,000,000 for the acts of enrolling in excess of the assigned enrolment quotas by between 10% and under 15% or enrolling less than 10 learners being wrong subjects or not in conformity with criteria;

c) Between VND 40,000,000 and 60,000,000 for the acts of enrolling in excess of the assigned enrolment quotas by between 15% and under 20% or enrolling from 10 to 20 learners being wrong subjects or not in conformity with criteria;

d) Between VND 60,000,000 and 80,000,000 for the acts of enrolling in excess of the assigned enrolment quotas by 20% or more or enrolling from 21 learners or more being wrong subjects or not in conformity with criteria;

5. Fines shall be imposed for acts of enrolling learners for training and granting diplomas of the national education system not in accordance with the assigned competence with the following fine levels:

a) Between VND 5,000,000 and 10,000,000 for the acts of announcing the enrolment (in any form) without permission of the competent agencies;

b) Between VND 20,000,000 and 30,000,000 for acts of receiving files or organizing examinations or consideration for enrolment, summoning examinees without having been assigned by the competent agencies.

6. A fine of between VND 5,000,000 and 60.000.000 shall be imposed for the acts of violating the regulations on enrolment of learners for overseas training or training at educational establishments involving foreign elements and operating in the Vietnamese territory under the general education, intermediate vocational education, collegial, undergraduate or postgraduate programs, at the following fine levels:

a) Between VND 5,000,000 and 10,000,000 for acts of wrongly enrolling between 1 and 5 learners;

b) Between VND 10,000,000 and 20,000,000 for acts of wrongly enrolling between 6 and 10 learners;

c) Between VND 20,000,000 and 30,000,000 for acts of wrongly enrolling between 11 and 15 learners;

d) Between VND 30,000,000 and 40,000,000 for acts of wrongly enrolling between 16 and 20 learners;

dd) Between VND 40,000,000 and 50,000,000 for acts of wrongly enrolling between 21 and 25 learners;

e) Between VND 50,000,000 and 60,000,000 for acts of wrongly enrolling from 26 learners or more;

7. Additional sanctioning forms to be imposed for violations prescribed in this Article include:

a) Confiscating material evidences for violations specified in Clause 1 of this Article;

b) Depriving the right to use licenses or practice certificates for a definite time for the first-time violations or for an indefinite time for recidivism, with regard to violations specified in Clauses 3, 4 and 6 of this Article.

8. Remedial measures to be imposed for violations specified in this Article include:

a) Coersively cancelling wrong decisions due to acts specified in Clauses 1, 2, 3, 4 and 5 of this Article;

b) Coersively reimbursing the amount of money already collected from learners and bearing all expenses for the reimbursement for acts mentioned in Clauses 2, 3, 4, 5 and 6 of this Article.”

6. Clause 4 and point c, clause 5 of Article 12 are amended and supplemented as follows:

“4. A fine of between VND 6,000,000 and 10,000,000 shall be imposed for acts of fraudulently altering examination papers or joining hands with others in altering examination papers of examinees.

c) Marking the entrance or graduation examination papers not according to model solutions or answers or marking scales and orders;

7. Article 13 is amended and supplemented as follows:

Article 13. Violation of regulations on assessment of the learners’ study results in general education, intermediate vocational education and tertiary education establishments.

1. Caution or fine of between VND 200,000 and 2,000,000 shall be imposed for acts of failing to fully observing the competent agencies' regulations on marking examination papers, assessment and classification of study results, thus affecting results of subjects, semesters or school years of the learners at the following levels:

a) Caution or fine of between VND 200,000 and 500,000 shall be imposed for violation acts at the general education establishments;

b) A fine of between VND 500,000 and 1,000,000 for violation acts at the intermediate vocational education establishments;

c) A fine of between VND 1,000.000 and 2,000,000 for acts of violation at the tertiary education establishment.

2. Remedial measure to be imposed for violations prescribed in this Article:

Coersively restoring the result of examination, assessment or classification of actual study results of the learners, for violation acts prescribed in Clause 1 of this Article.

8. Clause 2, 3, 4 and 5 of Article 14 are amended and supplemented as follows:

“2. A fine of between VND 1,000.000 and 2,000,000 shall be imposed for the acts of using unlawful diplomas or certificates.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Failing to make or making incomplete dossiers as prescribed to serve as basis for granting or management of diplomas or certificates;

b) Giving untruthful certification or falsifying dossiers, thus leading to the granting of diplomas or certificates to unqualified persons.

4. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the following acts:

a) Between VND 3,000,000 and 5,000,000 shall be imposed for the acts of destroying or falsifying dossiers or documents which serve as basis for granting or certifying legality of certificates

b) Between VND 5,000.000 and 7,000.000 đồng shall be imposed for the acts of making decisions on illegal grant of certificates;

5. A fine shall be imposed for the acts of violation of management and grant of diplomas at the following fine levels:

a) Between VND 7,000,000 and 10,000,000 shall be imposed for the acts of destroying or falsifying dossiers or documents which serve as basis for granting or certifying legality of diplomas.

b) Between VND 10,000.000 and 15,000.000 đồng shall be imposed for the acts of making decisions on illegal grant of diplomas;

9. Clause 1 of Article 15 is amended and supplemented as follows:

“1. Caution or fine between VND 500,000 and 15,000,000 shall be imposed for the acts of employing teachers who are unqualified for the training level at the following fine levels:

a) Caution or fine of between VND 500,000 and 1,000,000 for the acts of employing unqualified preschool teachers.

b) A fine between VND 1,000,000 and 2,000,000 for the atcs of employing unqualified general education teachers.

c) A fine of between VND 3,000,000 and 5,000,000 for acts of employing unqualified intermediate vocational education teachers, unqualified teachers of constant education centers, foreign language centers or informatics centers;

d) A fine of between VND 5,000,000 and 10,000,000 for the acts of employing unqualified college teachers;

dd) A fine of between VND 11,000,000 and 15,000,000 for the acts of employing unqualified undergraduate or postgraduate education teachers.

10. Supplementing Article 16a after 16 as follows:

“Article 16a. Violating regulations on the conditions of material facility and assurance for the activities of teaching and learning in educational facilities

1. Caution or fine of between 5,000,000 and 10,000,000 for the acts of failing to ensure enough conditions of material facilities and letting accident occur for the learners or teachers at the following fine levels:

a) Caution shall be imposed for the acts of failing to ensure enough conditions of material facilities for the learners or teachers.

b) A fine of between 5,000,000 and 10,000,000 shall be imposed for the acts of letting accident occur for the learners or teachers.

2. Remedial measures:

Supplementing the conditions in order to ensure the conformity with regulations on conditions of material for the learners and teachers.”

11. Supplementing Article 16b after 16a as follows:

“ Article 16b. Maltreating and illtreating the learners; violating human dignity and teacher’s body.

1. Phạt tiền từ 1.000.000 đồng đến 3.000.000 đồng đối với hành vi ngược đãi, hành hạ người học.

A fine between VND 1,000,000 to VND 3,000,000 for the acts of maltreating and illtreating the learners.

2. A fine between VND 3,000,000 to VND 5,000,000 for the acts of violating human dignity and teacher’s body.”

12. Clause 1 and 3 of Article 17 is amended and supplemented as follows:

“1. Caution or fine of between VND 200.000 and 2,000,000 shall be imposed for the acts of irresponsibility in the management of resulting in modification of school records, score sheets or documents related to the assessment of study results of learners in contravention of regulations at the following fine levels:

a) Caution or a fine of between VND 200,000 and 500,000 shall be imposed for the violation involving 1 or 2learners;

b) A fine of between VND 500,000 and 1,000,000 shall be imposed for the violation involving 3 or 5 learners;

c) A fine of between VND 1.000,000 and 2,000,000 shall be imposed for the violation involving 6 learners or more;

3. Remedial measures to be imposed for violations prescribed in this Article:

Coersively restoring the initial state, which has been altered due to violation acts prescribed in Clause 1 of this Article and fully supplementing dossier due to violation acts prescribed in Clause 2 of this Article.”

13. Clause 1 of Article 18 is amended and supplemented as follows:

“1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the acts of making decisions in contravention of regulations on purchase or reception of gifts, use of textbooks or educational materials and equipment which are not up to standards, thus badly affecting the teaching and learning activities.

14. Clause 1 of Article 20 is amended and supplemented as follows:

“1. Caution or fine between VND 200,000 and 10,000,000 shall be imposed for the acts of deciding to discipline learners by way of forcing them to drop their schoolings in contravention of regulations at the following levels:

a) A caution or a fine of between VND 200,000 and 500,000 for a violation involving one or two learners;

b) A fine of between VND 1,000.000 and 2,000,000 for a violation involving between 3 and 5 learners;

c) A fine of between VND 3,000.000 and 4,000,000 for a violation involving between 6 and 10 learners;

d) A fine of between VND 5,000.000 and 10,000,000 for a violation involving 11 learners or more;

15. Article 21 is amended and supplemented as follows:

“Article 21. Violation of regulations on educational universalization

1. Caution or fine of between VND 200,000 and 500,000 shall be imposed for acts of hindering learners of universalized study grades or levels from going to school.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of instigating learners of universalized study grades or levels not to go school or to drop out.

16. Article 24 is amended and supplemented as follows:

“Article 24. Authorized sanction of administrative violations in education

The persons who have a competence to sanction administrative violations in education as prescribed in Article 22 and Clauses 2 and 3 of Article 23 of this Decree are authorized to comply with the provisions of Article 41 of the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations in 2008. "

17. Article 26 is amended and supplemented as follows:

“Article 26. Procedures for sanctioning administrative violations in education

1. Procedures for making written records or sanctioning decisions shall comply with the provisions of Articles 21, 22 and 23 of the Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations in 2002 and the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations in 2008.

2. The imposition and payment of fines must comply with the procedures prescribed in Articles 26 and 28 of the Government's Decree No. 128/2008/NĐ-CP dated December 16, 2008, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations in 2002 and the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations in 2008.

3. Procedures for depriving of the right to use the decisions of establishment, licenses or practice certificates shall comply with the provisions of Article 59 of the Ordinance on Handling of the Administrative Violations and Article 11 of the Government's Decree No. 134/2003/ND-CP dated November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations in 2002 and the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations in 2008.

4. Procedures for confiscating and handling material evidences and means used for committing administrative violations in education shall comply with the provisions of Articles 60 and 61 of the Ordinance on Handling of Administrative Violations and Article 34 of the Government's Decree No. 128/2008/NĐ-CP dated December 16, 2008, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations in 2002 and the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations in 2008.

18. Clause 1 of Article 27 is amended and supplemented as follows:

“1. Individuals or organizations that commit administrative violations in education must abide by sanctioning decisions within 10 days after they are handed such sanctioning decisions, except for cases prescribed in Article 65 of the Ordinance on Handling of Administrative Violations. The method of counting time limits is prescribed in Article 9 of the Government's Decree No. 128/2008/NĐ-CP dated December 16, 2008, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations in 2002 and the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations in 2008.

19. Clause 1 of Article 28 is amended and supplemented as follows:

“1. Individuals, organizations or their lawful representatives may lodge complaints about sanctioning decisions of competent persons defined in Articles 22, 23 and 24 of this Decree. The procedures for lodging and settling complaints shall comply with the provisions of Article 118 of the Ordinance on Handling of Administrative Violations. The competence and time limits for lodging or settling complaints shall comply with the provisions of the Law on Complaints and Denunciations. The complaint about decisions on sanctioning of administrative violations shall not suspend the execution of decisions on sanctioning administrative violations in education.”

Article 2. Effect

This Decree takes effect on August 01, 2011

The provisions that are contrary to this Decree are annulled.

Article 3. Responsibilities for implementation

The Ministers, the Heads of the ministerial-level agencies, the heads of the Government-run agencies and the Chairmans of the People's Committees of the centrally-run provinces and cities are liable to implement this Decree.

 

ON BEHALF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung