DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON VOCATIONAL EDUCATION AND TRAINING

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on penalties for administrative violations dated June 20, 2012, and the Law on amendments to the Law on penalties for administrative violations dated November 13, 2020;

Pursuant to the Law on Employment dated November 16, 2013;

Pursuant to the Law on Vocational Education and Training dated November 27, 2014;

Pursuant to the Law on Education dated June 14, 2019;

Pursuant to the Labour Code dated November 20, 2019;

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The Government promulgates a Decree prescribing penalties for administrative violations against regulations on vocational education and training.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with administrative violations, penalties, fines, remedial measures, power to record administrative violations, power to impose penalties, and specific fines imposed by authorized title holders for the administrative violations against regulations on vocational education and training, assessment and issuance of national occupation skills certificates (hereinafter referred to as “vocational education and training field").

2. Penalties for other administrative violations in the vocational education and training field which are not prescribed in this Decree shall be imposed in accordance with regulations on penalties for administrative violations in relevant state management fields. To be specific:

a) Penalties for administrative violations against regulations on provision of vocational education and training for persons with disabilities shall be imposed in accordance with the Government’s regulations on penalties for administrative violations involving social support, social protection and children affairs; 

b) Penalties for administrative violations against regulations on expenditures of which payment is controlled by the State Treasury, and management and use of public property shall be imposed in accordance with the Government’s regulations on penalties for administrative violations in the fields of management and use of public property; thrift practice and waste combat; national reserves; state treasury;

c) Penalties for administrative violations against regulations on employment contracts, work and rest hours of teachers working under employment contracts; regulations on provision of basic and advanced occupational training, and occupational skills development for workers shall be imposed in accordance with the Government’s regulations on penalties for administrative violations in the fields of labour, social insurance and Vietnamese guest worker programs;

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Article 2. Regulated entities

1. Vietnamese and foreign organizations and persons (hereinafter referred to as “entities”) that are mentioned in clauses 2, 3, 4, and 5 of this Article and commit any administrative violations in the vocational education and training field prescribed in this Decree.

2. Organizations that are liable to administrative penalties as prescribed in this Decree are juridical persons as defined in the Civil Code or other organizations duly established in accordance with regulations of law, including:

a) Vocational colleges, vocational secondary schools and vocational education and training centers (hereinafter referred to as “vocational education and training institutions”);

b) Vocational - continuing education centers;

c) Representative offices in Vietnam of foreign vocational education and training institutions;      

d) Higher education institutions issued with certificate of registration of vocational education and training activities to provide college-level and intermediate-level training programs in specific professional vocations/majors or under projects of which investment guidelines have been approved by the Prime Minister (hereinafter referred to as “higher education institutions providing specific professional training programs”);

dd) Pedagogical colleges and pedagogical vocational secondary schools that have completed procedures for registration of provision of vocational education and training programs in vocations/majors under the state management of the Ministry of Labour, War Invalids and Social Affairs of Vietnam;

e) Schools of State agencies, political organizations, socio-political organizations, and people’s armed forces that provide vocational education and training;

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h) Employment service centers providing vocational education and training;

i) Vocational education and training accreditation organizations;

k) Organizations in charge of assessing and issuing national occupation skills certificates;

l) Institutions providing pedagogical training programs for teachers in vocational education and training under the state management of the Ministry of Labour, War Invalids and Social Affairs of Vietnam;

m) Research and training institutions that are assigned to provide title standards-based training programs for public employees in the vocational education and training field under the state management of the Ministry of Labour, War Invalids and Social Affairs of Vietnam;

n) Organizations providing overseas education consulting services or sending Vietnamese citizens abroad for studying, teaching, conducting scientific research and academic exchange at all training levels in the vocational education and training field (except pedagogical secondary education and college levels);

o) Other organizations engaging in vocational education and training or performing joint training programs at different levels of vocational education and training.

3. Campuses of colleges and of vocational secondary schools; branches and representative offices of juridical persons or organizations.

4. Household businesses or family households providing vocational training classes.

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6. Persons that have the power to record administrative violations, impose administrative penalties, and other organizations and individuals involved in the imposition of penalties for administrative violations in the vocational education and training field in accordance with regulations of this Decree.

Article 3. Penalties, fines, power to impose penalties and rules for imposing penalties for repeated violations; responsibilities of Ministers, heads of ministerial agencies, Chairpersons of People’s Committees at all levels, heads of agencies/units competent to impose penalties for violations in vocational education and training field; suspension of vocational education and training activities as prescribed in Clause 1 Article 20 of the Law on vocational education and training and Decrees on vocational education and training

1. Primary penalties

a) Warning;

b) Fines.

2. Additional penalties

a) Confiscation of the exhibits and instrumentalities for committing administrative violations;

b) Deportation;

c) Suspension of operations for a fixed period;

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3. Fines for violations in the vocational education and training field

a) The maximum fine for a violation in the vocational education and training field imposed upon an individual is VND 75.000.000; that imposed upon an organization is VND 150.000.000;

b) The fine for each of the administrative violations specified in Chapter II of this Decree shall be imposed upon the violating organization, except the fines specified in Clauses 4 and 5 Article 11, Clauses 1 and 2 Article 16, Clauses 1, 2 and 3 Article 21, Point a Clause 3 Article 22, Clause 1 Article 23, Clause 1 Article 27, Point b Clause 1 Article 30, Clause 1 Article 34, Clause 1 Article 35, and Clause 1 Article 36 of this Decree which shall be imposed upon the violating individuals;

c) The fine imposed upon an individual is half of that imposed upon an organization for committing the same administrative violation;

d) When committing violations as prescribed in this Decree, household businesses or family households providing vocational training classes shall incur the same fines as violating individuals.

4. The penalties imposed by the title holders prescribed in Articles 38, 39, 40 and 41 of this Decree are incurred by organizations; a title holder shall have the right to impose a fine which is half of that incurred by an organization upon an individual for committing the same administrative violation.

5. Ministers, heads of ministerial agencies, Chairpersons of People’s Committees at all levels, and heads of agencies/units competent to impose penalties for violations in vocational education and training field shall assume responsibility to detect decisions on imposition of administrative penalties which they have issued or have been issued by their subordinates but contain errors, and promptly correct, modify or invalidate such erroneous decisions and issue new decisions in accordance with the provisions of Articles 13 and 14 of the Government's Decree No. 118/2021/ND-CP dated December 23, 2021.

6. The repeat of a violation shall be taken into account as an aggravating factor when considering imposing penalties for that violation.

7. Suspension of operations prescribed in Clause 1 Article 20 of the Law on vocational education and training and Decrees on vocational education and training

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Article 4. Remedial measures

In addition to the penalties prescribed in Clause 1 and Clause 2 Article 3 of this Decree, violating entities may be liable to the remedial measures mentioned in Points a, e and i Clause 1 Article 28 of the Law on Penalties for Administrative Violations and the following remedial measures:

1. Enforced submission of reports to competent authorities as prescribed.

2. Enforced return of documents, licenses or practicing certificates which have been erased or altered to issuing authorities.

3. Enforced transfer of matriculated learners to another vocational education and training institution eligible to provide vocational education and training or another training location issued with certificate of registration of vocational education and training activities or certificate of registration of additional vocational education and training activities or enforced cancellation of matriculation decision, return of collected amounts to learners and payment of all costs of such return.

4. Enforced retention of documents about pedagogical training programs for teachers in vocational education and training, and title standards-based training programs for public employees in the vocational education and training field as prescribed.

5. Enforced cancellation of matriculation results; learners’ performance, examination, test and graduation results; enforced revocation or invalidation of issued diplomas/certificates or their duplicates; cancellation of disciplinary decisions and restoration of learners’ right to learn; cancellation of national occupational skills assessment results.

6. Enforced organization of examination, test and re-assessment of learners’ performance.

7. Enforced registration of additional vocational education and training activities.

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9. Enforced disclosure of information on issuance of diplomas/certificates; licenses/practicing certificates; conditions for organizing vocational education and training activities, assessment and issuance of national occupation skills certificates as prescribed.

10. Enforced revocation of diplomas issued ultra vires or containing unlawful information; enforced promulgation of regulations and rules as prescribed.

11. Enforced performance of school health activities as prescribed.

12. Enforced satisfaction of conditions for organizing vocational education and training activities, joint training programs with foreign partners, vocational education and training accreditation, assessment and issuance of national occupation skills certificates.

13. Enforced formulation, appraisal and issuance of training programs and syllabi; updating of training programs.

14. Enforced provision of adequate training duration, learning volume or minimum quantity of knowledge of each subject or module of the training program or provision of correct training program.

15. Enforced preparation, use and recording of adequate information in training management forms and books.

16. Enforced employment of persons who possess certificates of completion of training courses in overseas education consultancy.

17. Enforced approval of templates of blank diplomas/certificates; submission of reports on templates of blank diplomas/certificates; issuance of decisions to modify diplomas/certificates.

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19. Enforced establishment of diploma/certificate management database, and updating of diploma/certificate data.

20. Enforced issuance of diplomas/certificates or their duplicates; enforced return of diplomas/certificates or their duplicates to issuing authorities as prescribed.

21. Enforced employment of adequate teachers and trainers who must meet conditions and standards as prescribed; enforced implementation of policies for teachers; enforced arrangement of adequate full-time teachers for each training vocation/major.

22. Enforced issuance of public apology to persons whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected persons.

23. Enforced preparation, retention and management of learner profiles; return of documents to learners; request for submission of additional documents by learners;

24. Enforced satisfaction of requirements regarding minimum land areas, material facilities, training equipment, tools and instruments.

25. Enforced cancellation of textbooks, syllabi, teaching materials and equipment.

26. Enforced provision of information on results of vocational education and training accreditation, external assessment documents and results.

27. Enforced conduct of internal assessment of vocational education and training quality.

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1. The prescriptive period of an administrative violation in the vocational education and training field is 01 year.

2. Determination of prescriptive periods of administrative violations in the vocational education and training field shall comply with the provisions of Points b, c and d Clause 1 Article 6 of the Law on Penalties for Administrative Violations.

3. Determination of whether an administrative violation has been completed or is ongoing for the purpose of calculation of the prescriptive period of that violation shall comply with the provisions of Clause 1 Article 8 of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021.

4. Implementation of remedial measures

a) Remedial measures specified in Clauses 1, 2, 9, 10, 16, 17, 18, 19, 20, 21, 23, 25 and 26 Article 4 of this Decree must be implemented within 15 working days from the date on which the violating entity receives the decision on imposition of administrative penalties;

b) Remedial measures specified in Clauses 4, 6, 7, 13, 15, 22 and 27 Article 4 of this Decree must be implemented within 30 working days from the date on which the violating entity receives the decision on imposition of administrative penalties;

c) Remedial measures specified in Clauses 3, 5, 8, 11 and 12 Article 4 of this Decree must be implemented within 60 working days from the date on which the violating entity receives the decision on imposition of administrative penalties;

d) Remedial measures specified in Clauses 14 and 24 Article 4 of this Decree must be implemented within 90 working days from the date on which the violating entity receives the decision on imposition of administrative penalties;

dd) If a decision on imposition of administrative penalties or decision to enforce remedial measures indicates the time limit for completing remedial measures, the remedial measures must be implemented within that time limit.

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ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

Section 1. VIOLATIONS AGAINST REGULATIONS ON ESTABLISHMENT, LICENSING FOR ESTABLISHMENT, SPLIT-OFF, SLIT-UP, MERGER, DISSOLUTION, RENAMING OF VOCATIONAL EDUCATION AND TRAINING INSTITUTIONS; CAMPUSES/BRANCHES OF VOCATIONAL SECONDARY SCHOOLS AND COLLEGES; REPRESENTATIVE OFFICES IN VIETNAM OF FOREIGN VOCATIONAL EDUCATION AND TRAINING INSTITUTIONS; REGISTRATION OF VOCATIONAL EDUCATION AND TRAINING ACTIVITIES; ORGANIZATION OF OPERATIONS OF VOCATIONAL EDUCATION AND TRAINING INSTITUTIONS, VOCATIONAL - CONTINUING EDUCATION CENTERS, ENTERPRISES; PEDAGOGICAL TRAINING PROGRAMS FOR TEACHERS IN VOCATIONAL EDUCATION AND TRAINING; TITLE STANDARDS-BASED TRAINING PROGRAMS FOR PUBLIC EMPLOYEES IN VOCATIONAL EDUCATION AND TRAINING FIELD

Article 6. Violations against regulations on establishment, licensing for establishment, split-off, slit-up, merger, dissolution, renaming of vocational education and training institutions; campuses/branches of vocational secondary schools and colleges; representative offices in Vietnam of foreign vocational education and training institutions

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for using a name other than that specified in the establishment decision, decision on establishment licensing, decision on renaming of a vocational education and training institution, license for establishment of representative office in Vietnam of a foreign vocational education and training institution when organizing vocational education and training activities.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for commission of one of the following violations:

a) Failing to apply for re-issuance of license for establishment of representative office in Vietnam of a foreign vocational education and training institution when it has been lost or damaged;

b) Failing to return the establishment decision, decision on establishment licensing, decision on split-off, slit-up, merger, dissolution or renaming of a vocational education and training institution, campus or branch of a vocational secondary school or college, or representative office in Vietnam of a foreign vocational education and training institution according to a revocation decision issued by a competent authority.

3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for erasing, altering or falsifying the establishment decision, decision on establishment licensing, decision on split-off, slit-up, merger, dissolution or renaming of a vocational education and training institution, campus or branch of a vocational secondary school or college, or representative office in Vietnam of a foreign vocational education and training institution, if not liable to criminal prosecution.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

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b) Forging documents to obtain a competent authority’s decision to establish or to license the establishment of a campus or branch of a vocational secondary school or college, or representative office in Vietnam of a foreign vocational education and training institution, or decision on split-off, slit-up, merger, dissolution or renaming of a vocational education and training institution, if not liable to criminal prosecution.

5. The following fines shall be imposed for establishment, licensing for establishment, split-off, slit-up, merger, dissolution or renaming of a vocational education and training institution, campus or branch of a vocational secondary school or college, or representative office in Vietnam of a foreign vocational education and training institution before obtaining permission from a competent authority:

a) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violating entity is a vocational education and training center;

b) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violating entity is a vocational secondary school or its campus or branch;

c) A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed if the violating entity is a college or its campus or branch;

d) A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed if the violating entity is a representative office in Vietnam of a foreign vocational education and training institution.

6. Additional penalties: Foreigners who commit any of the violations prescribed in Clause 4 and Clause 5 of this Article shall be deported from Vietnam.

7. Remedial measures:

a) The entity committing the violation in Clause 1 of this Article is compelled to correct false or misleading information;

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c) The entity committing the violation in Point b Clause 2 of this Article is compelled to return the establishment decision, decision on establishment licensing, decision on split-off, slit-up, merger, dissolution or renaming of a vocational education and training institution, campus or branch of a vocational secondary school or college, or representative office in Vietnam of a foreign vocational education and training institution;

d) The entity committing the violation in Clause 3 of this Article is compelled to return the erased or altered establishment decision, decision on establishment licensing, or decision on split-off, slit-up, merger, dissolution or renaming of a vocational education and training institution, campus or branch of a vocational secondary school or college, or representative office in Vietnam of a foreign vocational education and training institution to competent authorities;

dd) The violating entity is compelled to transfer profits illegally obtained from any of the violations in Clauses 1, 3, 4 and 5 of this Article to state budget;

e) The entity committing any of the violations in Clause 3, Clause 4, Points a, b and c Clause 5 of this Article is compelled to transfer matriculated learners to another vocational education and training institution eligible to provide vocational education and training or cancel the matriculation decision, return collected amounts to learners and incur all return fees if it cannot transfer learners to another vocational education and training institution;

g) Enforced revocation of the establishment decision, decision on establishment licensing, decision on split-off, slit-up, merger, dissolution or renaming of a vocational education institution, or campus or branch of a vocational secondary school or college, or the license to establish representative office in Vietnam of foreign vocational education institution in case of the violations in Clause 4 and Clause 5 of this Article.

Article 7. Violations against regulations on registration of vocational education and training activities, autonomy in opening of training vocations/majors; registration of and autonomy in joint training with foreign partners

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for commission of one of the following violations:

a) Failing to submit reports to competent authorities on the case where the certificate of registration of vocational education and training activities, certificate of registration of additional vocational education and training activities, or certificate of registration of joint training with foreign partners is lost, damaged or otherwise destroyed;

b) Failing to return the certificate of registration of vocational education and training activities, certificate of registration of additional vocational education and training activities, or certificate of registration of joint training with foreign partners according to a competent authority’s revocation decision.

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3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for forging documents submitted to a competent authority to obtain a certificate of registration of vocational education and training activities, certificate of registration of additional vocational education and training activities, or certificate of registration of joint training with foreign partners, if not liable to criminal prosecution.

4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for failing to apply for registration of additional vocational education and training activities in one of the following cases:

a) Addition of new training vocations, majors or levels;

b) Split-off, slit-up or merger of a vocational education and training institution, vocational - continuing education center, or enterprise;

c) Establishment of a campus or branch in charge of organizing training activities; relocation of head office, or campus, branch or training location that directly organizes training activities;

d) Addition of training location other than the one specified in the certificate of registration of vocational education and training activities, or certificate of registration of additional vocational education and training activities;

dd) Renaming of an enterprise.

5. The following fines shall be imposed for failing to apply for registration of additional vocational education and training activities when enrolling a number of learners in excess of total enrolment per year of vocations/majors classified in the same group of level-III vocations/majors or elementary-level vocations which have the same names with college-level or intermediate-level vocations/majors or elementary-level vocations in the same group of elementary-level vocations at each training location issued with certificate of registration of vocational education and training activities, or certificate of registration of additional vocational education and training activities:

a) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if 11% - 15% of total enrollment is exceeded;

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c) A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed if 21% - 25% of total enrollment is exceeded;

d) A fine ranging from VND 60.000.000 to VND 70.000.000 shall be imposed if 26% - 30% of total enrollment is exceeded;

dd) A fine ranging from VND 70.000.000 to VND 80.000.000 shall be imposed if 31% - 35% of total enrollment is exceeded;

e) A fine ranging from VND 80.000.000 to VND 90.000.000 shall be imposed if 36% - 40% of total enrollment is exceeded;

g) A fine ranging from VND 90.000.000 to VND 100.000.000 shall be imposed if 41%, or more, of total enrollment is exceeded.

6. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for exercising the autonomy in opening training vocations/majors or cooperating with foreign partners in providing joint training programs but failing to submit reports on satisfaction of eligibility requirements for exercising the autonomy in vocational education and training activities or performing joint training with foreign partners to the competent authority that has issued the certificate of registration of vocational education and training activities, or certificate of registration of joint training with foreign partners.

7. A fine ranging from VND 60.000.000 to VND 70.000.000 shall be imposed for commission of one of the following violations:

a) Organizing vocational education and training according to a certificate of registration of vocational education and training activities or certificate of registration of additional vocational education and training activities issued ultra vires;

b) Providing joint training programs with foreign partners according to a certificate of registration of joint training with foreign partners issued ultra vires.

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a) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violating entity is a vocational education and training center, vocational - continuing education center, or enterprise;

b) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violating entity is a vocational secondary school, or a school of a State agency, political organization, socio-political organization, or people’s armed forces;

c) A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed if the violating entity is a college or higher education institution providing specific professional training programs.

9. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for exercising the autonomy in opening training vocations/majors or cooperating with foreign partners in providing joint training programs but failing to satisfy eligibility requirements for such activities.

10. Additional penalties:

a) Vocational education and training activities shall be suspended for a fixed period of 01 – 03 months in case of commission of the violation in Point a, b, c or d Clause 5 of this Article;

b) Vocational education and training activities shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Point dd, e or g Clause 5 of this Article.

10. Remedial measures:

a) The entity committing the violation in Point a Clause 1 of this Article is compelled to submit reports to competent authorities as prescribed;

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c) The violating entity is compelled to transfer profits illegally obtained from any of the violations in Clauses 2, 3 and 8 of this Article to state budget;

d) Enforced return and revocation of the certificate of registration of vocational education and training activities, certificate of registration of additional vocational education and training activities, or certificate of registration of joint training with foreign partners in case of commission of any of the violations in Clause 3 and Clause 7 of this Article;

dd) Enforced cancellation of learners’ performance, examination, test and graduation results; enforced revocation or cancelation of issued diplomas/certificates or their duplicates; enforced assurance of learners’ rights and benefits in commission of any of the violations in Clause 3, Points a and d Clause 4, Clauses 7, 8 and 9 of this Article;

e) The entity committing the violation in Point a or d Clause 4 of this Article is compelled to transfer learners to another training location issued with a certificate of registration of vocational education and training activities or certificate of registration of additional vocational education and training activities, or to another eligible vocational education and training institution;

g) The entity committing any of the violations in Points b, c and dd Clause 4 and Clause 5 of this Article is compelled to apply for registration of additional vocational education and training activities;

h) The entity committing the violation in Clause 5 of this Article is compelled to reduce the number of learners to be enrolled in the following year by at least the excess percentage of total enrolment due to failure to obtain the certificate of registration of additional vocational education and training activities;

i) The entity committing the violation in Clause 6 of this Article is compelled to submit reports on satisfaction of eligibility requirements for exercising the autonomy in opening training vocations/majors or performing joint training with foreign partners to the competent authority that has issued the certificate of registration of vocational education and training activities, or certificate of registration of joint training with foreign partners;

k) The entity committing any of the violations in Clauses 3, 7, 8 and 9 of this Article is compelled to return collected amounts to learners and incur all return fees; such collected amounts shall be paid to state budget if payers are not identifiable.

Article 8. Violations against regulations on organization of vocational education and training institutions, vocational - continuing education centers, and enterprises

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a) Disclosing inadequate information on organization of vocational education and training activities according to regulations on information disclosure by vocational education and training institutions, vocational - continuing education centers, and enterprises;

b) Improperly or partially implementing regulations on reporting;

c) Submitting periodical or ad hoc reports which fail to have accurate contents as prescribed;

d) Failing to perform or improperly performing accountability as prescribed;

dd) Promulgating documents containing inaccurate or inadequate contents with regard to the documents to be promulgated by vocational education and training institutions, vocational - continuing education centers, and enterprises.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) Failing to fully promulgate regulations and rules under the jurisdiction of vocational education and training institutions, vocational - continuing education centers, and enterprises;

b) Failing to disclose information on organization of vocational education and training activities according to regulations on information disclosure by vocational education and training institutions, vocational - continuing education centers, and enterprises;

c) Failing to disclose conditions for organizing vocational education and training activities with regard to each training vocation/major after obtaining the certificate of registration of vocational education and training activities or certificate of registration of additional vocational education and training activities on its website; failing to send disclosure results to the Department of Labour, War Invalids and Social Affairs of province or city where vocational education and training activities are provided;

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3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Failing to apply for establishment of school council or recognition of Board of Directors of vocational secondary school or college;

b) Promulgating documents ultra vires or those containing unlawful contents;

c) Failing to perform school health activities or failing to ensure prescribed contents of school health activities;

d) Forging documents to obtain a competent authority’s decision on accreditation of high quality school, if not liable to criminal prosecution.

4. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed for continuing enrolment or organization of training activities during the suspension period of vocational education and training activities or certificate of registration of vocational education and training activities.

5. Remedial measures:

a) The entity committing the violation in Point a Clause 1, or Point b or c Clause 2 of this Article is compelled to make information disclosure as prescribed;

b) The entity committing the violation in Point b, c, d or dd Clause 1, or Point a or d Clause 2 of this Article is compelled to promulgate regulations and rules, submit reports, perform accountability or correct false information as prescribed;

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d) The entity committing the violation in Point c Clause 3 of this Article is compelled to perform school health activities as prescribed;

dd) Enforced return and revocation of decision on accreditation of high quality school in case of commission of the violation in Point d Clause 3 of this Article;

e) Proposed revocation of certificate of registration of vocational education and training activities, or certificate of registration of additional vocational education and training activities in case of commission of the violation in Clause 4 of this Article;

g) The entity committing the violation in Clause 4 of this Article is compelled to transfer learners to another eligible vocational education and training institution; return collected amounts to learners and incur all return fees; ensure learners’ rights and benefits.

Article 9. Violations against regulations on pedagogical training programs for teachers in vocational education and training, and title standards-based training programs for public employees in vocational education and training field

1. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for erasing, altering or falsifying the decision on assignment of task of providing pedagogical training programs for teachers in vocational education and training or title standards-based training programs for public employees in vocational education and training field, if not liable to criminal prosecution.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to retain documents about the provided pedagogical training programs for teachers in vocational education and training, or title standards-based training programs for public employees in the vocational education and training field as prescribed.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for forging documents to be assigned by a competent authority with the task of providing pedagogical training programs for teachers in vocational education and training or title standards-based training programs for public employees in vocational education and training field, if not liable to criminal prosecution.

4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for providing pedagogical training programs for teachers in vocational education and training or title standards-based training programs for public employees in vocational education and training field before obtaining a competent authority’s assignment decision.

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a) The entity committing the violation in Clause 1 of this Article is compelled to return the decision on assignment of task of providing pedagogical training programs for teachers in vocational education and training or title standards-based training programs for public employees in vocational education and training field to the issuing authority;

b) The entity committing the violation in Clause 2 of this Article is compelled to retain documents about the provided pedagogical training programs for teachers in vocational education and training or title standards-based training programs for public employees in vocational education and training field as prescribed;

c) Enforced return and revocation of the decision on assignment of task of providing pedagogical training programs for teachers in vocational education and training or title standards-based training programs for public employees in vocational education and training field in case of commission of the violation in Clause 3 of this Article;

d) The entity committing the violation in Clause 4 of this Article is compelled to cancel the matriculation decision, return collected amounts to learners and incur all return fees; such collected amounts shall be paid to state budget if payers are not identifiable;

dd) The entity committing the violation in Clause 4 of this Article is compelled to revoke or cancel issued certificates and incur all revocation or cancellation costs.

Section 2. VIOLATIONS AGAINST REGULATIONS ON ENROLMENT

Article 10. Violations against regulations on organization of enrolment activities

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Issuing an announcement of enrolment which does not contain correct and accurate information about training vocations/majors, training levels, total enrolment per year, and training location as specified in the certificate of registration of vocational education and training activities, certificate of registration of additional vocational education and training activities, certificate of registration of joint training with foreign partners, or decision to grant autonomy in opening training vocations/majors or cooperating with foreign partners in providing joint training programs;

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c) Issuing an announcement of enrolment containing false information about eligibility requirements for enrolment in college, intermediate or elementary training level.

2. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Failing to comply with enrolment procedures;

b) Receiving admission applications, organizing entrance exams or enrolment without entrance exams before obtaining a certificate of registration of vocational education and training activities, or certificate of registration of additional vocational education and training activities, or before submitting reports on satisfaction of eligibility requirements for exercising the autonomy in opening training vocations/majors as prescribed;

c) Enrolling candidates for training vocations/majors but failing to satisfy eligibility requirements for exercising the autonomy in opening training vocations/majors as prescribed.

3. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for failing to disclose the cut-off marks of college-level training vocations/majors for which the cut-off mark is a requirement.

4. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for organizing entrance exams or considering enrolment of candidates without entrance exams for foreign training vocations/majors or foreign training programs before obtaining certificate of registration of joint training with foreign partners, or without submitting reports on satisfaction of eligibility requirements for exercising the autonomy in cooperating with foreign partners in providing joint training programs.

5. Additional penalties:

a) Foreigners who commit the violation in Clause 4 of this Article shall be deported from Vietnam;

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6. Remedial measures:

a) The entity committing the violation in Clause 1 of this Article is compelled to correct false information;

b) The entity committing the violation in Point b or c Clause 2 or Clause 4 of this Article is compelled to cancel matriculation results;

c) The entity committing the violation in Point b Clause 2 or Clause 4 of this Article is compelled to return collected amounts to learners and incur all return fees;

d) The entity committing the violation in Clause 1, Point b or c Clause 2, Clause 3 or Clause 4 of this Article is compelled to publish the suspension of enrolment on its website and on the mass media;

dd) The entity committing the violation in Point b or c Clause 2 or Clause 4 of this Article is compelled to transfer matriculated learners to another vocational education and training institution eligible to provide vocational education and training or joint training programs with foreign partners, or cancel the matriculation decision, return collected amounts to learners and incur all return fees if such transfer of learners is failed.

Article 11. Violations against regulations on eligible candidates and admission application

1. The following fines shall be imposed for admitting unqualified learners at elementary level:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if the violation involves fewer than 10 learners;

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c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 30 learners or more.

2. The following fines shall be imposed for admitting unqualified learners at intermediate level:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves fewer than 10 learners;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 10 – 30 learners;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 30 learners or more.

3. The following fines shall be imposed for admitting unqualified learners at college level:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves fewer than 10 learners;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 10 – 30 learners;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves 30 learners or more.

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5. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for forging admission applications in order to benefit from policies for learners in the vocational education and training field, if not liable to criminal prosecution.

6. Additional penalties: Enrolment activities of the entity committing the violation in Point c Clause 2 or Point c Clause 3 of this Article shall be suspended for a fixed period of 03 – 06 months.

7. Remedial measures:

a) The entity committing the violation in Clause 1, 2 or 3 of this Article is compelled to cancel the matriculation decision; return collected amounts to learners and incur all return fees if the violation is committed through no fault of learners or both the violating entity and learners are at fault;

b) Enforced cancellation of matriculation results, learners’ performance, examination, test and graduation results, and revocation of diplomas/certificates issued to learners in case of commission of the violation in Clause 4 or 5 of this Article;

c) The entity committing the violation in Clause 4 of this Article is compelled to return the erased and/or altered documents to issuing authorities;

d) Enforced return of support amounts or amounts received from state budget in case of commission of the violation in Clause 5 of this Article.

Section 3. VIOLATIONS AGAINST REGULATIONS ON TRAINING PROGRAMS AND SYLLABI; PEDAGOGICAL TRAINING PROGRAMS FOR TEACHERS IN VOCATIONAL EDUCATION AND TRAINING, AND TITLE STANDARDS-BASED TRAINING PROGRAMS FOR PUBLIC EMPLOYEES IN VOCATIONAL EDUCATION AND TRAINING FIELD; CLASS SIZE; BRIDGE PROGRAMS AND JOINT TRAINING PROGRAMS

Article 12. Violations against regulations on formulation, appraisal, issuance, updating and use of training programs and syllabi; pedagogical training programs for teachers in vocational education and training, and title standards-based training programs for public employees in vocational education and training field

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2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to follow procedures for formulation, appraisal and issuance of training programs and syllabi as prescribed.

3. The following fines shall be imposed for formulating and issuing training programs or pedagogical training programs for teachers in vocational education and training with incorrect objectives, structure or contents, or which fail to ensure minimum amount of knowledge as prescribed:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves continuing training programs as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law on Vocational Education and Training;

b) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves elementary-level training programs or pedagogical training programs for teachers of elementary-level vocational education and training programs;

c) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves intermediate-level training programs or pedagogical training programs for teachers of intermediate- or college-level vocational education and training programs;

d) A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed if the violation involves college-level training programs.

4. The following fines shall be imposed for failing to formulate and issue training programs/syllabi or pedagogical training programs for teachers in vocational education and training:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves continuing training programs/syllabi as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law on Vocational Education and Training;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves elementary-level training programs/syllabi or pedagogical training programs for teachers of elementary-level vocational education and training programs;

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d) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves college-level training programs/syllabi.

5. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to have adequate training programs/syllabi or pedagogical training programs for teachers in vocational education and training.

6. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed failing to compile or select title standards-based training programs for public employees in vocational education and training field on the basis of framework program issued by the Ministry of Labour, War Invalids and Social Affairs of Vietnam.

7. The following fines shall be imposed for using incorrect training programs of the training vocations, majors or levels as specified in the issued certificate of registration of vocational education and training activities, certificate of registration of additional vocational education and training activities, or certificate of registration of joint training with foreign partners:

a) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves elementary-level training programs;

b) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves intermediate-level training programs;

c) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves college-level training programs.

8. Additional penalties: Enrolment activities of the entity committing the violation in Clause 7 of this Article shall be suspended for a fixed period of 06 – 12 months.

9. Remedial measures:

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b) The entity committing the violation in Clause 3 of this Article is compelled to make up deficiencies in teaching contents or minimum quantity of knowledge;

c) The entity committing the violation in Clause 5 of this Article is compelled to have adequate training programs/syllabi or pedagogical training programs for teachers in vocational education and training;

d) The entity committing the violation in Clause 6 of this Article is compelled to compile or select title standards-based training programs for public employees in vocational education and training field as prescribed;

dd) The entity committing the violation in Clause 7 of this Article is compelled to cancel examination, test and graduation results, and revoke diplomas/certificates issued to learners; use the correct training programs submitted to competent authorities when applying for registration of vocational education and training activities.

Article 13. Violations against regulations on organization of teaching activities

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

a) Failing to organize teaching activities according to training plan, training schedule or timetable, teaching plan or lesson planning register;

b) Failing to comply with the structure of theoretical and practical training hours of each subject or module specified in the training program.

2. A warning or the following fines shall be imposed for failing to provide adequate teaching hours or learning volume or minimum quantity of knowledge of each of the subjects or modules included in a training program:

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b) A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if the violation involves 5% - 10% of total teaching hours;

c) A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed if the violation involves 10% - 15% of total teaching hours;

d) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 15% - 20% of total teaching hours;

dd) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 20% of total teaching hours or more.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for organizing graduation thesis defense for ineligible learners.

5. Remedial measures:

a) The entity committing the violation in Clause 2 of this Article is compelled to make up deficiencies in teaching hours, learning volume and minimum quantity of knowledge of the subjects or modules included in training programs;

b) The entity committing the violation in Point d or dd Clause 2 of this Article is compelled to cancel subject or module completion test or exam results;

c) Graduation thesis assessment results shall be cancelled if the violation in Clause 3 of this Article is committed.

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The following fines shall be imposed for arranging the number of learners in excess of the prescribed class size:

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if the class size is exceeded by 30% - 50%.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the class size is exceeded by 50% or more.

Article 15. Violations against regulations on bridge programs and joint training programs

1. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for providing bridge programs but failing to meet eligibility requirements as prescribed.

2. The following fines shall be imposed for violations against regulations on joint training:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for concluding a joint training contract which does not contain adequate information about joint training activities, rights and responsibilities of the presiding entity and of the cooperating entity as prescribed;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for committing a violation involving rights and obligations of parties of the joint training contract;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for providing joint training programs but failing to meet eligibility requirements as prescribed.

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4. Remedial measures:

a) The entity committing the violation in Clause 1 of this Article is compelled to maintain its satisfaction of eligibility requirements to provide bridge programs, or transfer matriculated learners to another eligible vocational education and training institution, or cancel matriculation decision, learners’ performance, examination, test and graduation results, revoke graduation diplomas issued to learners, return collected amounts to learners and incur all return fees; such collected amounts shall be paid to state budget if payers are not identifiable;

b) The entity committing the violation in Point c Clause 2 of this Article is compelled to maintain its satisfaction of eligibility requirements to provide joint training programs, or transfer matriculated learners to another eligible vocational education and training institution, return collected amounts to learners and incur all return fees; such collected amounts shall be paid to state budget if payers are not identifiable;

Section 4. VIOLATIONS AGAINST REGULATIONS ON EXAMINATION, TEST AND ASSESSMENT OF LEARNERS’ PERFORMANCE; TRAINING MANAGEMENT FORMS AND BOOKS

Article 16. Violations against regulations on examination, test, assessment of learners’ performance and graduation recognition

1. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be imposed for disrupting or threatening to use violence to obstruct candidates and organizers, inspectors, supervisors, examiners and supporting staff of exams/tests, if not liable to criminal prosecution.

2. The following fines shall be imposed for committing violations against regulations on organization of exams, tests and marking:

a) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for entering the area where an exam or test is organized or marking activities are performed without permission; bringing documents, tools or equipment which are not allowed/prohibited to the exam room or marking area;

b) A fine ranging from VND 2.000.000 to VND 6.000.000 shall be imposed for doing the exam for another candidate or providing assistance for another candidate during the exam session;

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d) A fine ranging from VND 8.000.000 to VND 12.000.000 shall be imposed for swapping test/exam papers, if not liable to criminal prosecution;

dd) A fine ranging from VND 12.000.000 to VND 14.000.000 shall be imposed for organizing marking of test/exam papers against regulations, if not liable to criminal prosecution;

e) A fine ranging from VND 14.000.000 to VND 16.000.000 shall be imposed for knowingly personating another person or having another person personate at an exam.

3. A fine ranging from VND 13.000.000 to VND 15.000.000 shall be imposed for losing test/exam papers.

4. The following fines shall be imposed for organizing tests, exams or assessment of learners’ performance against regulations:

a) A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 01 - 05 learners;

b) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 06 - 10 learners;

c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 11 learners or more.

5. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for recognizing graduation of unqualified learners.

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a) The entity committing the violation in Point c or dd Clause 2, or Clause 3 of this Article is compelled to ensure rights and benefits of candidates;

b) Test/exam results shall be invalidated in case of commission of the violation in Point b, d or e Clause 2 of this Article;

c) The entity committing the violation in Clause 4 of this Article is compelled to hold another test/exam or re-assess learners’ performance;

d) Graduation recognition results shall be cancelled if the violation in Clause 5 of this Article is committed.

Article 17. Violations against regulations on training management forms and books

1. A warning or the following fines shall be imposed for committing violations against regulations on training management forms/books used for continuing training programs as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law on Vocational Education and Training:

a) A warning shall be imposed for failing to record adequate information in training management forms/books;

b) A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed for failing to record information in training management forms/books;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to compile the list of teachers, student information sheets, training plan, and learners’ performance monitoring book as prescribed.

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a) A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if the violation involves elementary-level training management forms/books;

b) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if the violation involves intermediate-level training management forms/books;

c) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if the violation involves college-level training management forms/books.

3. The following fines shall be imposed for failing to record information in forms/books used for management of elementary-, intermediate or college-level training:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves elementary-level training management forms/books;

b) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves intermediate-level training management forms/books;

c) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves college-level training management forms/books.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for formulating training schedule, training plan, timetable, class record book, training monitoring book kept by enterprise, or student management book which does not contain adequate information as prescribed.

5. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failing to formulate or use training schedule, training plan, timetable, class record book, training monitoring book kept by enterprise, or student management book.

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a) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for failing to retain documents which must be retained for a minimum period of at least 01 year from the day on which the graduation recognition decision is signed by the principal;

b) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to retain documents which must be retained for a minimum period of at least 05 years from the day on which the graduation recognition decision is signed by the principal;

c) A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed for failing to retain documents which must be retained for a minimum period of at least 10 years from the day on which the graduation recognition decision is signed by the principal;

d) A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed for failing to retain documents which must be retained for a permanent period.

7. The following fines shall be imposed for destroying forms/books used for management of intermediate or college-level training against regulations, if not liable to criminal prosecution:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for destroying documents which must be retained for a minimum period of at least 01 year from the day on which the graduation recognition decision is signed by the principal;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for destroying documents which must be retained for a minimum period of at least 05 years from the day on which the graduation recognition decision is signed by the principal;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for destroying documents which must be retained for a minimum period of at least 10 years from the day on which the graduation recognition decision is signed by the principal;

d) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for destroying documents which must be retained for a permanent period.

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9. Additional penalties: Certificate of registration of vocational education and training activities, or certificate of registration of additional vocational education and training activities shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Clause 7 of this Article.

10. Remedial measures:

a) The entity committing any of the violations in Clauses 1, 2, 3 and 4 of this Article is compelled to formulate and record adequate information in training management forms/books;

b) The entity committing the violation in Clause 5 of this Article is compelled to formulate and use training management forms/books;

c) The entity committing any of the violations in Clause 6 and Clause 7 of this Article is compelled to re-prepare and retain training management forms, books and documents.

Section 5. VIOLATIONS AGAINST REGULATIONS ON INTERNATIONAL COOPERATION, PROVISION OF OVERSEAS EDUCATION CONSULTING SERVICES, VIETNAMESE CITIZENS TRAVELLING ABROAD FOR STUDYING, TEACHING, CONDUCTING SCIENTIFIC RESEARCH AND ACADEMIC EXCHANGE IN VOCATIONAL EDUCATION AND TRAINING FIELD

Article 18. Violations against regulations on operation of representative offices in Vietnam of foreign vocational education and training organizations or institutions

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for continuing operations when the validity period  specified in the license to establish representative office in Vietnam of foreign vocational and training education institution has expired.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for carrying out operations beyond the scope of the license to establish representative office in Vietnam of foreign vocational and training education institution.

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4. Additional penalties: Foreigners who commit the violation in Clause 3 of this Article shall be deported from Vietnam.

5. Remedial measures: The violating entity is compelled to transfer profits illegally obtained from any of the violations in Clauses 1, 2 and 3 of this Article to state budget.

Article 19. Violations against regulations on joint training with foreign partners

1. The following fines shall be imposed for admitting unqualified learners to elementary-level joint training programs:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if the violation involves 10 learners;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if the violation involves 10 – 30 learners;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 30 learners or more.

2. The following fines shall be imposed for admitting unqualified learners to intermediate-level joint training programs:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves fewer than 10 learners;

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c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 30 learners or more.

3. The following fines shall be imposed for admitting unqualified learners to college-level joint training programs:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves fewer than 10 learners;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 10 – 30 learners;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves 30 learners or more.

4. The following fines shall be imposed for using incorrect training programs of the training vocations, majors or levels as specified in the issued certificate of registration of joint training with foreign partners:

a) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves elementary-level joint training programs;

b) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves intermediate-level joint training programs;

c) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves college-level joint training programs.

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6. The following fines shall be imposed for failing to ensure minimum areas of theory classrooms, practice or internship facilities, and experimental production plants to meet elementary-, intermediate- or college-level teaching and learning requirements in vocations/majors included in joint training programs with foreign partners:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to provide an average area of at least 04 m²/seat - 05 m²/seat;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to provide an average area of at least 03 m²/seat - 04 m²/seat;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failing to provide an average area of at least 02 m²/seat - 03 m²/seat;

d) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for failing to provide an average area of at least 01 m²/seat - 02 m²/seat;

dd) A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for failing to provide an average area of less than 01 m²/seat.

7. The following fines shall be imposed for failing to provide adequate number of training equipment and devices as described in joint training programs and in proportion to training scales of provided vocations/majors:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if 10% - 20% of the prescribed number of training equipment and devices is not ensured;  

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if 20% - 30% of the prescribed number of training equipment and devices is not ensured; 

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d) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed if 50%, or more, of the prescribed number of training equipment and devices is not ensured. 

8. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed for continuing running joint training programs during the suspension period of joint training activities performed in cooperation with foreign partners or certificate of registration of joint training with foreign partners.

9. Additional penalties: The provision of joint training programs with foreign partners by the entity committing the violation in Point c Clause 1, Point c Clause 2 or Clause 3 of this Article shall be suspended for a fixed period of 03 – 06 months.

10. Remedial measures:

a) The entity committing any of the violations in Clauses 1, 2 and 3 of this Article is compelled to cancel the matriculation decision, return collected amounts to learners and incur all return fees; such collected amounts shall be paid to state budget if payers are not identifiable;

b) The entity committing the violation in Clause 4 of this Article is compelled to cancel examination, test and graduation results, and revoke diplomas/certificates issued to learners; use the correct training programs submitted to competent authorities when applying for registration of joint training with foreign partners;

c) The entity committing the violation in Clause 5 of this Article is compelled to arrange an adequate number of qualified teachers according to the structure of joint training vocations/majors;

d) The entity committing the violation in Clause 6 or 7 of this Article is compelled to satisfy requirements as to material facilities, training equipment and devices;

dd) Proposed revocation of the certificate of registration of joint training with foreign partners in case of commission of the violation in Clause 8 of this Article.

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1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Providing dishonest or inaccurate information about requirements regarding quality accreditation of overseas training programs and educational institutions; estimated tuition fees, subsistence allowance and related costs; living conditions, part-time job rules for international students of host countries; difficulties, risks and disadvantages that students may face during their study abroad;

b) Failing to openly post information on overseas education consulting services at the head office and on the website of the overseas education consulting service provider;

c) Failing to submit reports on enrolment and sending of Vietnamese citizens abroad for studying; failing to submit reports on provision of overseas education consulting services;

d) Failing to retain documents on sending of Vietnamese citizens abroad for studying;

dd) Using consultants who fail to possess certificate of completion of training courses in overseas education consultancy as prescribed.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Failing to enter into overseas education consulting service contracts with students or their parents or lawful guardians or entering into such contracts which fail to have adequate contents and follow principles laid down in laws;

b) Failing to perform or partially performing responsibilities and obligations of the overseas education consulting service provider towards students who have used its services and are studying abroad.

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a) Authorizing or leasing or letting others borrow the certificate of registration of overseas education consulting services;

b) Providing consulting services for persons who wish to study abroad with authorization from another overseas education consulting service provider.

4. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed for continuing providing overseas education consulting services during the suspension period of overseas education consulting services.

5. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for providing overseas education consulting services before obtaining certificate of registration of overseas education consulting services.  

6. Additional penalties: The provision of overseas education consulting services shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Clause 2 or Clause 3 of this Article.

7. Remedial measures:

a) The entity committing the violation in Point a Clause 1 of this Article is compelled to publish the correction of false information on its website;

b) The entity committing the violation in Point b Clause 1 of this Article is compelled to openly post information as prescribed;

c) The entity committing the violation in Point c or d Clause 1 of this Article is compelled to submit reports and retain adequate documents as prescribed;

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dd) The violating entity is compelled to transfer profits illegally obtained from any of the violations in Clauses 3, 4 and 5 of this Article to state budget;

e) The entity committing any of the violations in Clauses 4 and 5 of this Article is compelled to return collected amounts to payers and incur all return fees; such collected amounts shall be paid to state budget if payers are not identifiable;

g) Proposed revocation of certificate of completion of training courses in overseas education consultancy in case of commission of the violation in Clause 4 of this Article.

Article 21. Violations against regulations on travelling abroad for studying, teaching, conducting scientific research and academic exchange at different vocational education and training levels

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for providing false information or altering documents submitted when applying for permission to travel abroad for studying, teaching, or conducting scientific research and academic exchange, if not liable to criminal prosecution.

2. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for deliberately dropping out of school or quitting job or unilaterally terminating contracts while attending an overseas training course or failing to obtain graduation diplomas/certificates from overseas training institution.

3. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for taking advantage of studying, teaching or conducting scientific research and academic exchange for illegally working or staying in a foreign country without any threat of force or coercion, if not liable to criminal prosecution.

4. Remedial measures:

a) Enforced return and proposed revocation of the decision to appoint Vietnamese citizen to study, teach, or conduct scientific research or academic exchange abroad in case of commission of the violation in Clause 1 of this Article;

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Section 6. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT, ISSUANCE AND USE OF VOCATIONAL EDUCATION AND TRAINING DIPLOMAS/CERTIFICATES; CERTIFICATES OF COMPLETION OF PEDAGOGICAL TRAINING PROGRAMS OR TITLE STANDARDS-BASED TRAINING PROGRAMS FOR PUBLIC EMPLOYEES IN VOCATIONAL EDUCATION AND TRAINING FIELD

Article 22. Violations against regulations on management and issuance of vocational education and training diplomas/certificates; certificates of completion of pedagogical training programs or title standards-based training programs for public employees in vocational education and training field

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Failing to issue the decision to approve templates of blank diplomas/certificates as prescribed;

b) Failing to submit reports on templates of blank diplomas/certificates to competent authorities as prescribed;

c) Issuing decisions to modify diplomas/certificates against procedures and regulations on contents, time limits and issuing authority;

d) Failing to satisfy requirements regarding material facilities, fire and explosion prevention and control equipment for keeping diplomas/certificates;

dd) Failing to issue duplicates of diplomas/certificates to learners as prescribed;

e) Failing to prepare or preparing documents containing inadequate or inaccurate information on printing, use, issuance, revocation or cancellation of blank diplomas/certificates; failing to retain documents on issuance of diplomas/certificates as prescribed;

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g) Printing blank diplomas/certificates whose contents do not comply with those on the prescribed templates;

i) Performing destruction of blank diplomas/certificates against regulations.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) Failing to issue diplomas/certificates or their duplicates within the prescribed time limits;

b) Revoking or invalidating diplomas/certificates of learners against regulations.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Performing fraudulent acts for obtaining diplomas/certificates or their duplicates, if not liable to criminal prosecution;

b) Issuing diplomas/certificates to learners without using the prescribed templates;

c) Issuing diplomas/certificates to learners ultra vires.

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5. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for failing to update issued vocational education and training diplomas/certificates on the portal for searching of vocational education and training diplomas/certificates of the competent authority.

6. The following fines shall be imposed for issuing diplomas/certificates indicating incorrect training vocations/majors or the training vocations/majors which are not specified in the certificate of registration of vocational education and training activities, certificate of registration of additional vocational education and training activities, certificate of registration of joint training with foreign partners, or decision to grant autonomy in opening training vocations/majors or cooperating with foreign partners in providing joint training programs; issuing diplomas/certificates to unqualified learners, if not liable to criminal prosecution:

a) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves less than 10 learners;

b) A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed if the violation involves 10 - 20 learners;

c) A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed if the violation involves 20 - 30 learners;

d) A fine ranging from VND 100.000.000 to VND 120.000.000 shall be imposed if the violation involves 30 - 40 learners;

dd) A fine ranging from VND 120.000.000 to VND 150.000.000 shall be imposed if the violation involves 40 learners or more.

7. Additional penalties:

a) Certificate of registration of vocational education and training activities, or certificate of registration of additional vocational education and training activities shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Point c Clause 3 or Clause 4 of this Article;

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c) Vocational education and training activities shall be suspended for a fixed period of 12 – 18 months in case of commission of the violation in Point c, d or dd Clause 6 of this Article.

8. Remedial measures:

a) Enforced approval of blank diplomas/certificates according to regulations in case of commission of the violation in Point a Clause 1 of this Article;

b) The entity committing the violation in Point b Clause 1 of this Article is compelled to submit reports on templates of blank diplomas/certificates to competent authorities as prescribed;

c) The entity committing the violation in Point c Clause 1 of this Article is compelled to issue decisions to modify diplomas/certificates according to regulations;

d) The entity committing the violation in Point d Clause 1 of this Article is compelled to satisfy requirements regarding material facilities, fire and explosion prevention and control equipment;

dd) The entity committing the violation in Point dd Clause 1 of this Article is compelled to issue duplicates of diplomas/certificates according to regulations;

e) The entity committing the violation in Point e or g Clause 1 of this Article is compelled to prepare and retain documents on management of printing, security, issuance, use, revocation and cancellation of blank diplomas/certificates according to regulations;

g) The entity committing the violation in Point h Clause 1 of this Article is compelled to destroy blank diplomas/certificates according to regulations;

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i) The entity committing the violation in Point b Clause 2 of this Article is compelled to correct false information on revocation or destruction of diplomas/certificates against regulations; re-issue diplomas/certificates to learners and incur all re-issue fees;

k) The entity committing the violation in Point a Clause 3 of this Article is compelled to return diplomas/certificates or their duplicates to issuing authorities;

l) The entity committing the violation in Point b or c Clause 3 of this Article is compelled to revoke or destroy the issued diplomas/certificates and re-issue diplomas/certificates to learners according to regulations;

m) The entity committing the violation in Clause 4 of this Article is compelled to establish a database for management of issued diplomas/certificates;

n) The entity committing the violation in Clause 5 of this Article is compelled to update information on issued diplomas/certificates on the portal for searching of diplomas/certificates of the competent authority;

o) The entity committing the violation in Clause 6 of this Article is compelled to revoke or destroy issued diplomas/certificates;

p) The entity committing the violation in Clause 6 of this Article is compelled to ensure learners’ rights and benefits.

Article 23. Violations against regulations on use and disclosure of information on issuance of vocational education and training diplomas/certificates

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

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b) Using diplomas/certificates which have been erased, altered or falsified.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to disclose or disclosing inadequate or inaccurate information on issuance of diplomas/certificates on the issuer’s website.

3. Additional penalties: The exhibits, which are erased, altered or falsified diplomas/certificates, of the violation in Point b Clause 1 of this Article shall be confiscated.

4. Remedial measures:

a) Enforced return and proposed revocation of diplomas/certificates in case of commission of the violation in Clause 1 of this Article;

b) The entity committing the violation in Clause 2 of this Article is compelled to disclose adequate and accurate information on issuance of diplomas/certificates on its website.

Section 7. VIOLATIONS AGAINST REGULATIONS ON TEACHERS, TRAINERS AND LEARNERS

Article 24. Violations against regulations on employment of teachers and trainers

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

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b) Arranging teachers to teach in excess of the maximum teaching hours as prescribed.

2. The following fines shall be imposed for employing unqualified teachers or trainers to deliver college-, intermediate- or elementary-level training programs and other vocational training programs, or to teach in vocations/majors different from their specialties:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if they are employed to deliver continuing training programs as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law on Vocational Education and Training;

b) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if they are employed to deliver elementary-level training programs;

c) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if they are employed to deliver college- or intermediate-level training programs.

3. Remedial measures: The entity committing the violation in Clause 2 of this Article is compelled to employ qualified teachers and arrange them to teach vocations/majors appropriate to their specialties.

Article 25. Violations against regulations on full-time teachers

1. The following fines shall be imposed for failing to the prescribed number of full-time teachers for each training vocation/major or training level:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves elementary-level training programs;

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2. Remedial measures: The entity committing the violation in Clause 1 of this Article is compelled to ensure the prescribed number of full-time teachers for each training vocation/major or training level.

Article 26. Violations against regulations on student-teacher ratio

1. The following fines shall be imposed for failing to maintain the prescribed student-teacher ratio:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the prescribed student-teacher ratio is exceeded by 30% - 50%;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the prescribed student-teacher ratio is exceeded by 50% - 100%;

c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the prescribed student-teacher ratio is exceeded by 100% or more.

2. Additional penalties: Vocational education and training activities shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Point c Clause 1 of this Article.

3. Remedial measures: The entity committing the violation in Clause 1 of this Article is compelled to ensure the prescribed student-teacher ratio.

Article 27. Harming honor or dignity, or bodily harming teachers, managers, officials, public employees and workers of vocational education and training institutions; violations against policies and regulations on teachers

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2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for committing violations against policies for teachers.

3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to carry out assessment and ranking of teachers; failing to develop and implement professional training plans; failing to arrange teachers to attend internships at enterprises or specialized agencies as prescribed.

4. Remedial measures:

a) The entity committing the violation in Clause 1 of this Article is compelled to issue public apology to persons whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected persons;

b) The entity committing the violation in Clause 2 or 3 of this Article is compelled to strictly comply with policies for and regulations on teachers.

Article 28. Violations against regulations on management of learner profiles

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:

a) Altering documents related to assessment of learners’ performance;

b) Making learner profiles against regulations;

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2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for receiving and keeping documents of learners against regulations.

3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to sufficiently manage documents of foreign learners as prescribed.

4. Remedial measures:

a) The entity committing the violation in Point b or c Clause 1 or Clause 3 of this Article is compelled to make, retain, keep and manage documents of learners in accordance with regulations;

b) The entity committing the violation in Clause 2 of this Article is compelled to return documents to learners as prescribed.

Article 29. Violations against regulations on conclusion of training contracts

1. The following fines shall be imposed for concluding a training contract which fails to contain adequate information as prescribed:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if the violation involves fewer than 10 learners;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if the violation involves 10 - 50 learners;

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d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 100 - 200 learners;

dd) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 200 learners or more.

2. The following fines shall be imposed for failing to conclude training contracts:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves fewer than 10 learners;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 10 - 50 learners;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 50 - 100 learners;

d) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves 100 - 200 learners;

dd) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves 200 learners or more.

Article 30. Violations against regulations on learner discipline; harming honor or dignity or bodily harming learners; violations against policies for learners

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a) Taking disciplinary actions against learners against regulations;

b) Harming honor or dignity or bodily harming learners, if not liable to criminal prosecution.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for committing violations against policies for learners.

3. Remedial measures:

a) The entity committing the violation in Point a Clause 1 of this Article is compelled to cancel disciplinary decisions and restore learners’ right to learn;

b) The entity committing the violation in Point b Clause 1 of this Article is compelled to issue public apology to learners whose honor or dignity is harmed or who are bodily harmed, unless otherwise demanded by affected learners or their lawful representatives;

c) The entity committing the violation in Clause 2 of this Article is compelled to strictly comply with policies for learners.

Section 8. VIOLATIONS AGAINST REGULATIONS ON MINIMUM LAND AREAS, MATERIAL FACILITIES AND TRAINING EQUIPMENT; FINANCE; VOCATIONAL EDUCATION AND TRAINING ACCREDITATION; ASSESSMENT AND ISSUANCE OF NATIONAL OCCUPATION SKILLS CERTIFICATES

Article 31. Violations against regulations on minimum land areas, material facilities, training equipment, tools and instruments

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a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to ensure 10% - 20% of the minimum land area;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to ensure 20% - 30% of the minimum land area;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to ensure 30% - 50% of the minimum land area;

d) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for failing to ensure 50% - 70% of the minimum land area;

dd) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for failing to ensure 70%, or more, of the minimum land area.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to have mandatory material facilities, training equipment, tools and instruments for providing elementary-level training programs or continuing training programs as prescribed in Points a, b, c and d Clause 1 Article 40 of the Law on Vocational Education and Training.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to have a dorm, library, medical room and workout area as prescribed.

4. The following fines shall be imposed for failing to arrange sufficient working, administration or managerial areas which correspond to the structure of specialized departments, faculties and subjects and ensure the minimum average area for intermediate- and college-level training programs:

a) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for failing to ensure the minimum average area for intermediate-level training programs;

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5. The following fines shall be imposed for failing to ensure minimum areas of theory classrooms, laboratories, practice or internship facilities, and experimental production plants to meet elementary-, intermediate- or college-level teaching and learning requirements:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to provide an average area of at least 4,5 – 5,5 m²/seat for intermediate- or college-level training programs, or of at least 03 – 04 m²/seat for elementary-level training programs;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to provide an average area of at least 3,5 – 4,5 m²/seat for intermediate- or college-level training programs, or of at least 02 – 03 m²/seat for elementary-level training programs;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failing to provide an average area of at least 2,5 – 3,5 m²/seat for intermediate- or college-level training programs, or of at least 01 – 02 m²/seat for elementary-level training programs;

d) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for failing to provide an average area of at least 1,5 – 2,5 m²/seat for intermediate- or college-level training programs, or of less than 01 m²/seat for elementary-level training programs;

dd) A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for failing to provide an average area of less than 1,5 m²/seat for intermediate- or college-level training programs.

6. The following fines shall be imposed for failing to provide adequate training equipment and devices for each intermediate- or college-level training vocation or major:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if 10% - 20% of the prescribed number of training equipment and devices is not ensured;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if 20% - 30% of the prescribed number of training equipment and devices is not ensured;

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d) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed if 50%, or more, of the prescribed number of training equipment and devices is not ensured.

7. The following fines shall be imposed for failing to provide sufficient theory classrooms, laboratories, practice or internship facilities, and experimental production plants for each intermediate- or college-level training vocation or major:

a) A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed if the violation involves 01 – 03 training vocations/majors; 

b) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed if the violation involves 04 – 05 training vocations/majors; 

c) A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed if the violation involves 06 training vocations/majors or more.

8. Remedial measures: Enforced satisfaction of requirements regarding minimum land areas, material facilities, training equipment, tools and devices in case of commission of any of the violations in Clauses 1 through 7 of this Article.

Article 32. Violations against regulations on purchase, receipt and use of textbooks, syllabi, teaching materials and equipment

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for purchasing, receiving or using textbooks, syllabi, teaching materials and equipment whose contents cause harm to the national defense or security, sovereignty over national borders, territorial seas and islands, community benefits, or international peace and security; distort the State guidelines, policies and regulations, or fight against the Government of the Socialist Republic of Vietnam; weaken or destroy the great national unity or distort history; provoke or advocate a war of aggression; adversely influence cultural and moral values as well as fine traditions and customs; distribute or disseminate superstitious or unlawful religious activities, unsound customs or social evils, if not liable to criminal prosecution.

2. Additional penalties: Vocational education and training activities shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Clause 1 of this Article.

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Article 33. Violations against regulations on management and use of donations and grants other than ODA given by foreign agencies, organizations and individuals to vocational education and training institutions

1. The following fines shall be imposed for committing violations against regulations on management and use of grants other than ODA given by foreign agencies, organizations and individuals to vocational education and training institutions:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for committing violations against regulations on mobilization and receipt of grants;

b) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for committing violations against regulations on management and use of grants.

2. Remedial measures: The entity committing the violation in Point b Clause 1 of this Article is compelled to return improperly paid amounts of donations and grants; such amounts shall be paid to state budget if recipients cannot be identified.

Article 34. Violations against regulations on management and use of assets, revenues and expenses of vocational education and training institutions, vocational - continuing education centers, and enterprises

1. The following fines shall be imposed for deliberately destroying or causing damage to assets of a private vocational education and training institution, foreign-invested vocational education and training institution or enterprise, if not liable to criminal prosecution:

a) A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed for deliberately destroying assets which are machinery, equipment or other assets and whose book value is less than VND 100.000.000/piece of assets;

b) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for deliberately destroying assets which are machinery, equipment or other assets and whose book value is VND 100.000.000/piece of assets or higher;

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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:

a) Receiving payments other than service prices and fees in the vocational education and training field against regulations of competent authorities;

b) Making payments against regulations of competent authorities in respect of payments which are not covered by state budget.

3. Remedial measures:

a) The entity committing the violation in Clause 1 of this Article is compelled to restore the original conditions of the asset which have been changed by the violation; in case of failure to restore the original conditions of the asset, the violating entity is required to make cash payment or provide another asset which has the same uses and value with the damaged asset;

b) The entity committing any of the violations in Point a Clause 2 of this Article is compelled to return collected amounts and incur all return fees; such collected amounts shall be paid to state budget if payers are not identifiable;

c) The entity committing any of the violations in Point b Clause 2 of this Article is compelled to return improperly paid amounts to state budget.

Article 35. Violations against regulations on vocational education and training accreditation

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to return the accreditor card according to a competent authority’s revocation decision;

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c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for providing false information on satisfaction of eligibility requirements and standards for the purpose of obtaining an accreditor card;

d) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for allowing another person to use one’s accreditor card or using another’s accreditor card;

dd) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for providing false information about accreditation results or deliberately providing information concerning assessment tasks and results of the external assessment team before obtaining permission from the accreditation organization or competent authorities;

e) A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed for falsifying external assessment documents, if not liable to criminal prosecution;

g) A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed for falsifying results given by the external assessment team, if not liable to criminal prosecution.

2. The following fines shall be imposed for violations committed by an accreditation organization:

a) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for failing to submit report to competent authorities on the loss of certificate of eligibility to provide vocational education and training accreditation services or failing to return the certificate of eligibility to provide vocational education and training accreditation services according to a competent authority's revocation decision;

b) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for erasing, altering or falsifying the certificate of eligibility to provide vocational education and training accreditation services, if not liable to criminal prosecution;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for forging documents for the purpose of obtaining the certificate of eligibility to provide vocational education and training accreditation services, if not liable to criminal prosecution;

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3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for commission of one of the following violations:

a) Failing to return the certificate of conformity with accreditation standards for a vocational education and training institution or program according to competent authority's revocation decision;

b) Erasing, altering or falsifying documents submitted to the accreditation organization for the purpose of obtaining the certificate of conformity with accreditation standards for a vocational education and training institution or program, if not liable to criminal prosecution;

c) Conducting internal assessment of vocational education and training quality against procedures and regulations.

4. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for providing false information about results of internal assessment of a vocational education and training institution or program.

5. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) Providing false information about conditions for accreditation of vocational education and training institutions/programs, or failing to disclose information as prescribed;

b) Failing to publicly disclose the certificate of conformity with accreditation standards for a vocational education and training institution or program, or external assessment results which are used as the basis for issuance of certificate of conformity with accreditation standards.

6. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

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b) Failing to conduct internal assessment of vocational education and training quality for 02 years or longer.

7. The following fines shall be imposed for committing violations against regulations on vocational education and training accreditation:

a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for posting false information about accreditation results of vocational education and training institutions/programs on the mass media;

b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for establishing an external assessment team against regulations or failing to update the national database on vocational education and training accreditation with external assessment results or failing to retain documents on external assessment results as prescribed;

c) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failing to comply with procedures for external assessment of a vocational education and training institution or program;

d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for failing to ensure objectivity and honesty in conducting vocational education and training accreditation resulting in false accreditation results.

8. Additional penalties:

a) The accreditor card shall be suspended for a fixed period of 06 – 12 months in case of commission of the violation in Point b, dd, e or g Clause 1 of this Article;

b) The exhibit, which is the accreditor card, of the violation prescribed in Point c or d Clause 1 of this Article shall be confiscated.

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a) The entity committing the violation in Point a Clause 1 of this Article is compelled to return the accreditor card as prescribed;

b) The entity committing the violation in Point dd, e or g Clause 1 of this Article is compelled to provide adequate and accurate information on accreditation results, external assessment documents and results;

c) Enforced return of the certificate of eligibility to provide vocational education and training accreditation services in case of commission of the violation in Point a (except the case of failure to submit report on loss of certificate to competent authorities) or Point b Clause 2 of this Article;

d) Enforced return and proposed revocation of the certificate of eligibility to provide vocational education and training accreditation services in case of commission of the violation in Point c Clause 2, or Point a or b Clause 3 of this Article;

dd) The entity committing the violation in Point d Clause 2 of this Article is compelled to maintain its satisfaction of eligibility requirements to provide vocational education and training accreditation services;

e) The entity committing the violation in Clause 4 of this Article is compelled to correct false information about results of internal assessment of a vocational education and training institution or program;

g) The entity committing the violation in Point a Clause 5 of this Article is compelled to correct false information about conditions for accreditation of vocational education and training institutions or programs;

h) The entity committing the violation in Point b Clause 5 of this Article is compelled to to publicly disclose the certificate of conformity with accreditation standards for a vocational education and training institution or program, or external assessment results which are used as the basis for issuance of certificate of conformity with accreditation standards;

i) Enforced return and proposed revocation of the certificate of conformity with accreditation standards for a vocational education and training institution or program in case of commission of the violation in Point a Clause 6 or Point d Clause 7 of this Article;

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l) The entity committing the violation in Point a Clause 7 of this Article is compelled to correct false information about accreditation results of vocational education and training institutions or programs on the mass media;

m) The entity committing the violation in Point b Clause 7 of this Article is compelled to update external assessment results.

Article 36. Violations against regulations on assessment and issuance of national occupation skills certificates

1. The following fines shall be imposed for violations committed by a national occupational skills assessor (hereinafter referred to as “assessor”):

a) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failing to return the assessor card according to a competent authority’s revocation decision;

b) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for allowing another person to use one’s assessor card or using another’s assessor card;

c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for forging documents included in the application for issuance of assessor card, if not liable to criminal prosecution;

d) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for carrying out assessment of professional/technical knowledge, practice skills and compliance with occupational safety and health processes of candidates without complying with regulations laid down in procedures for assessment and issuance of national occupation skills certificates.

2. The following fines shall be imposed for violations committed by a national occupational skills assessment organization:

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b) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for erasing, altering or falsifying the certificate of eligibility to assess and issue national occupation skills certificates, if not liable to criminal prosecution;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to publicly disclose the satisfaction of eligibility requirements to carry out assessment and issuance of national occupation skills certificates as prescribed.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Failing to maintain the satisfaction of eligibility requirements before carrying out assessment and issuance of national occupation skills certificates;

b) Losing theory/practice test results of candidates or failing to retain test results as prescribed.

4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for commission of one of the following violations:

a) Forging documents for obtaining the certificate of eligibility to assess and issue national occupation skills certificates or forging theory/practice test results or proposing issuance of national occupation skills certificates to persons who do not attend assessment tests, if not liable to criminal prosecution;

b) Falsifying results of assessment and issuance of national occupation skills certificates, if not liable to criminal prosecution;

c) Failing to carry out operations within 24 months after obtaining the certificate of eligibility to assess and issue national occupation skills certificates.

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a) Failing to follow procedures for assessment of national occupation skills;

b) Failing to update the diplomas/certificates system with information on issuance of national occupation skills certificates.

6. Additional penalties: The assessor card shall be suspended for a fixed period of 06 – 12 months in case of commission of the violation in Point b Clause 1 of this Article.

7. Remedial measures:

a) The entity committing the violation in Point a Clause 1 of this Article is compelled to return the assessor card as prescribed;

a) Enforced return and proposed revocation of the assessor card in case of commission of the violation in Point c or d Clause 1 of this Article;

c) Enforced return of the certificate of eligibility to assess and issue national occupation skills certificates to competent authorities in case of commission of the violation in Point a (except the case of loss of the certificate) or Point b Clause 2 of this Article;

d) The entity committing the violation in Point c Clause 2 of this Article is compelled to publicly disclose the satisfaction of eligibility requirements to carry out assessment and issuance of national occupation skills certificates;

dd) The entity committing the violation in Point a Clause 3 of this Article is compelled to maintain the satisfaction of eligibility requirements to carry out assessment and issuance of national occupation skills certificates;

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g) Enforced cancellation of national occupation skills assessment results; enforced revocation of the issued national occupation skills certificates in case of commission of the violation in Point a or b Clause 4 of this Article;

h) Enforced return and proposed revocation of the the certificate of eligibility to assess and issue national occupation skills certificates in case of commission of the violation in Clause 4 of this Article;

i) The entity committing the violation in Point b Clause 5 of this Article is compelled to update information on issuance of national occupation skills certificates.

Chapter III

POWER TO RECORD AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 37. Power to make records of administrative violations

The following officers shall have the power to make records of administrative violations:
1. The officers that have the power to impose administrative penalties mentioned in Articles 38 through 41 of this Decree.

2. Officials of district-level Departments of Labour, War Invalids and Social Affairs, provincial Departments of Labour, War Invalids and Social Affairs, Directorate of Vocational Education and Training, the Ministry of Labour, War Invalids and Social Affairs of Vietnam, Ministries, ministerial agencies, people’s army or people's public security forces that are on duty or performing inspection tasks relating to vocational education and training according to legislative documents or administrative documents issued by competent authorities or officers.

Article 38. Power to impose penalties of Chairpersons of People’s Committees at all levels

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a) Issue warning;

b) Impose a fine up to VND 10.000.000;

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 20.000.000;

d) Impose the remedial measures specified in Point a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chairpersons of People’s Committees of urban/rural districts, district-level towns and provincial cities (hereinafter referred to as “district-level") shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 75.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

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3. Chairpersons of People’s Committees of provinces or central-affiliated cities (hereinafter referred to as “provincial-level") shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 150.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Article 4 of this Decree.

Article 39. Power to impose penalties of inspectors in vocational education and training field

1. On-duty inspectors and persons assigned to carry out specialized inspections in the vocational education and training field shall have the power to:

a) Issue warning;

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c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 2.000.000;

d) Impose the remedial measures specified in Point a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chief Inspectors of provincial Departments of Labour, War Invalids and Social Affairs, heads of specialized inspection teams established by provincial Departments of Labour, War Invalids and Social Affairs, and heads of specialized inspection teams established by the Directorate of Vocational Education and Training shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 75.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 150.000.000;

dd) Impose the remedial measures specified in Article 4 of this Decree.

3. Heads of specialized inspection teams in the vocational education and training field established by the Ministry of Labour, War Invalids and Social Affairs of Vietnam shall have the power to:

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b) Impose a fine up to VND 105.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth up to VND 210.000.000;

dd) Impose the remedial measures specified in Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Labour, War Invalids and Social Affairs of Vietnam, and Director General of the Directorate of Vocational Education and Training shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 150.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

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Article 40. Power to impose penalties of people’s public security forces

1. On-duty heads of police stations and leaders of soldiers of people’s public security forces shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 1.500.000.

2. Commune-level police chiefs, heads of police posts, heads of police stations at border gates and export processing zones, heads of police stations at international airports shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 2.500.000;

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 5.000.000;

d) Impose the remedial measures specified in Point a Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

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a) Issue warning;

b) Impose a fine up to VND 30.000.000;

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 60.000.000;

d) Suspend licenses/practicing certificates or suspend operations for fixed periods;

dd) Impose the remedial measures specified in Article 4 of this Decree, except those specified in Points e and i Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

4. Directors of Provincial-level Police Departments shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 75.000.000;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

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dd) Issue deportation decisions;

e) Impose the remedial measures specified in Article 4 of this Decree, except those specified in Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

5. Directors of the Internal Political Security Department, the Police Department for Administrative Management of Social Order, and the Investigation Police Department for Social Order-related Crimes shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 150.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Article 4 of this Decree, except those specified in Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

6. Director of the Immigration Department shall have the power to:

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b) Impose a fine up to VND 150.000.000;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Issue deportation decisions;

e) Impose the remedial measures specified in Article 4 of this Decree, except those specified in Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

Article 41. Power to impose penalties of diplomatic missions, consular missions, and other overseas missions authorized to perform consular tasks of the Socialist Republic of Vietnam

Heads of diplomatic missions, consular missions and other overseas missions authorized to perform consular functions of the Socialist Republic of Vietnam shall have the power to:

1. Issue warning.

2. Impose a fine up to VND 150.000.000.

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4. Impose the remedial measures specified in Article 4 of this Decree, except those specified in Point e Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

Article 42. Determination of power to impose penalties

1. Chairpersons of People’s Committees at all levels shall have the power to impose penalties according to the provisions of Article 38 of this Decree and within the ambit of their assigned functions, tasks and powers, for the violations prescribed in:

a) Clauses 1, 2 and 3 Article 6; Clauses 2, 3, 4, 6, 7, 8 and 9 Article 7; Article 8; Clause 1, Points a and b Clause 2, Clause 3 Article 10; Clause 1, Points a and b Clause 2, Points a and b Clause 3, Clauses 4 and 5 Article 11; Clauses 1, 2, 3, 4 and 7 Article 12; Articles 13, 14, 16 and 17; Clauses 1 and 2 Article 18; Points a and b Clause 1, Points a and b Clause 2, Clauses 4, 5, 6, 7 and 8 Article 19; Article 20; Article 21; Clauses 1, 2, 3, 4 and 5 Article 22; Articles 23, 24, 25, 26, 27, 28, 29, 30, 31, 33 and 34 of this Decree;

b) Clauses 4 and 5 Article 6; Clause 4 Article 10; Clause 3 Article 18 of this Decree, unless the violating entities are foreigners.

2. Inspectors in the vocational education and training field shall have the power to impose penalties according to the provisions of Article 39 of this Decree and within the ambit of their assigned functions, tasks and powers, for the violations prescribed in Chapter II of this Decree, except cases of violation specified in Clauses 4 and 5 Article 6; Clause 4 Article 10; Clause 3 Article 18 of this Decree where the violating entities are foreigners.

3. Power to impose penalties of people’s public security forces

People’s public security forces shall have the power to impose penalties according to the provisions of Article 40 of this Decree and within the ambit of their assigned functions, tasks and powers, for the violations prescribed in Clause 1, Point a Clause 2, Clauses 3, 4 and 5 Article 6; Point a Clause 1, Clauses 2 and 3 Article 7; Clause 1, Points b and d Clause 3, Clause 4 Article 8; Clauses 1 and 3 Article 9; Points a and b Clause 1, Clauses 2, 3 and 4 Article 10; Clause 1, Points a and b Clause 2, Points a and b Clause 3, Clauses 4 and 5 Article 11; Clauses 1, 2 and 3 Article 16; Clauses 1 and 3 Article 18; Points a and b Clause 1, Points a and b Clause 2 and Clause 8 Article 19; Clauses 3, 4 and 5 Article 20; Clauses 1 and 3 Article 21; Clause 3 Article 22; Clause 1 Article 23; Clause 1 Article 27; Article 28; Clause 1 Article 30; Article 33; Clause 1 Article 34; Points b and c Clause 2, Point b Clause 3, Point a Clause 6 Article 35; Point b Clause 2 and Clause 3 Article 36 of this Decree.

4. Heads of diplomatic missions, consular missions, and other overseas missions authorized to perform consular tasks of the Socialist Republic of Vietnam shall have the power to impose penalties according to the provisions of Article 41 of this Decree and within the ambit of their assigned functions, tasks and powers, for the violations prescribed in Article 21 of this Decree.

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IMPLEMENTATION

Article 43. Effect

1. This Decree comes into force from December 12, 2022.

2. The Government’s Decree No. 79/2015/ND-CP dated September 14, 2015 prescribing penalties for administrative violations against regulations on vocational education and training shall cease to have effect from the effective date of this Decree.

Article 44. Transition

1. Regulations hereof shall apply to the violations in the vocational education and training field which have been committed before the effective date of this Decree but detected afterwards or are put under consideration if this Decree does not provide for legal liability or impose less serious legal liability.

2. In case a violating entity files a complaint against a decision on imposition of penalties for administrative violations in the vocational education and training field which has been issued or implemented before the effective date of this Decree, such complaint shall be settled in accordance with the Decree No. 79/2015/ND-CP dated September 14, 2015.

Article 45. Implementation responsibility

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial-level People’s Committees shall organize the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam

Nghị định 88/2022/NĐ-CP quy định xử phạt vi phạm hành chính trong lĩnh vực giáo dục nghề nghiệp