The Decree 138/2013/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Education

Original Language Title: Nghị định 138/2013/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực giáo dục

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The DECREE sanctioning administrative violations in the field of education _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The base of law handling administrative violations on June 20, 2012;
Pursuant to the law on education of 14 June 2005 and the law on amendments and supplements to some articles of the law on education, November 25, 2009;
Pursuant to the law of higher education on 18 June 2012;
According to the recommendation of the Minister of education and training;
The Government issued the Decree sanctioning administrative violations in the field of education, chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree about violations, fines, punishments, remedial measures, authorized sanctions, thereon up authority for administrative violations in the field of education.
Article 2. Application object 1. Individual organization Vietnam; organizations, foreign individuals have administrative violations in the field of education on the territory of Vietnam.
2. Authority established thereon, sanctioning administrative violations and personal, other related organizations.
Article 3. Fines 1. The levels of maximum fines for individuals is 50 million, with the organization is 100 million.
2. the fines provided for in chapter II of this Decree are fines for organizations, except fines prescribed in clause 5 article 9; Item 1 and item 2 article 11; Paragraph 1 and points a, b, c, d and paragraph 3 article 13; Paragraph 2 and paragraph 3 article 16; Article 20 paragraph 1 and Article 22 paragraph 1 of this Decree are fines for individuals.
The same violations, fines for individuals with part two fines for organizations.
Article 4. Remedy the consequences remedial measures including: 1. the Forced dissolution of the institution, the institution in the Organization, the Organization of educational quality established vires.
2. Forcibly remove text issued vires or unlawful content.
3. Forced cancellation of books, textbooks, lectures, teaching equipment, document contents are not suitable, distort, inciting violence, affecting the customs of peoples.
4. Forced to restore the original state has been changed by adding, edit content exams, transcripts, notes, score, score or votes of the documents relevant to the assessment of learning results and learner's work.
5. Required to ensure the rights of candidates for breach of the test.
6. Forcing the students return for the amount of money collected and bear all costs of the Organization; the case could not be filed with the return of State budget the amounts due to violations that have.
7. Forced the reduction in the number of admissions the following year by the quantity was exceeded; forced transfer of people learning about the venue has licensed educational activities;
8. additional Required courses or educational content is missing under the education regulations.
9. additional Required conditions of full team of teachers, about the physical facilities, instructional equipment to ensure the quality of education or ensure the safe condition of facilities at the school, class.
10. Forced cancellation of exam results, results, results-subjects review essay, the thesis is not properly regulated; review the test dotted, reviews the results of subjects, held back the protection of dissertations, thesis.
11. Forced cancellation of certificate qualification embryos have no right in the content rules.
12. Forced transfer of the eligible school enrolment have been admitted to other institutions or cancel the decision, return the funds collected for the study if not transfer for the institution was illegal recruitment, abolished, was stripped of the license, suspended for educational activities.
Chapter II INFRINGEMENTS, SANCTIONS, SANCTIONS and REMEDIAL MEASURES Item 1 the VIOLATIONS of the PROVISIONS on ESTABLISHED INSTITUTIONS and ORGANIZED EDUCATIONAL ACTIVITIES article 5. Violation of regulations on the establishment of the institution, the institution in the Organization 1. A fine from 5,000,000 VND to 10,000,000 VND for intentional acts erased, corrected misleading content in the establishment decision, allowed the establishment of the institution.
2. Fines for acts of forgery of papers, documents and records to be established, allowing the establishment of the institution are as follows: a VND to 10,000,000 20,000,000) from the Council for the preschool education institutions;
b) From copper to copper 20,000,000 15,000,000 for the common institutions, continuing education center, language Center, Center;
c) From copper to copper 40,000,000 20,000,000 for professional secondary schools;
d) 60,000,000 40,000,000 copper to copper From for colleges and universities.
3. Fines for acts arbitrarily established the institution according to the following penalties: a VND to 10,000,000 20,000,000) from the Council for the preschool education institutions;
b) From copper to 20,000,000 30,000,000 VND for the common institutions, continuing education center, language Center, Center;
c) From copper to 30,000,000 50,000,000 Council for professional secondary schools;
d) From copper to copper 80,000,000 50,000,000 for colleges, universities, Academy.
4. Fines for acts of the organization established in the institution vires according to the following penalties: a VND to 3,000,000 5,000,000) from Council for the Organization in preschool institutions, educational establishments, continuing education center;
b) From copper to copper 10,000,000 5,000,000 for the Organization in a professional middle school;
c copper to copper 20,000,000 10,000,000) for the Organization in higher education establishments.
5. additional sanctions: deprived of the right to use the form, which allows to establish the time from 12 to 24 months for violations of the provisions in paragraph 2 of this Article.
6. remedial measures: a) the Forced transfer of the eligible school enrolment have been admitted to other institutions or cancel the decision, return the funds collected for the study if not transfer for cases were recruited illegally due to violations of the provisions of paragraphs 2 , 3 and 4 of this Article;
b) forced the dissolution of the institution, the institution in the Organization for violation of the provisions of paragraph 3 and paragraph 4 of this Article.
Article 6. Violation of regulations regarding the conditions of organization of educational activities 1. A fine from 5,000,000 VND to 10,000,000 VND for repair, erase behavior misrepresent the content of the decision allowing educational activities.
2. Fine for organizational behavior in educational activities outside the location is permitted according to the following penalties: a VND to 3,000,000 5,000,000 VND) for pre-school educational establishments;
b) From copper to copper 10,000,000 5,000,000 for common institutions, continuing education center, language Center, Center;
c copper to copper 20,000,000 10,000,000) for professional secondary schools;
d) From copper to 20,000,000 30,000,000 VND for the University institution.
3. Fines for acts of forgery of papers, documents and records suggest that allowing educational activities such as the following: a VND to 10,000,000 5,000,000) from the Council for preschool education activities;
b) From copper to 10,000,000 15,000,000 Council for educational activities, continuing education, foreign languages, Informatics;
c copper to copper 20,000,000 15,000,000) for educational activity level professional;
d) From copper to copper 40,000,000 20,000,000 for higher education activities.
4. Fines for organizational behavior in educational activities when not allowed to operate under the following fines: a VND to 10,000,000 5,000,000) from the Council for organizational behavior in educational preschool activities;
b) From copper to copper 20,000,000 10,000,000 for organizational behavior educational activities;
c) From copper to 20,000,000 30,000,000 VND for organizational behavior in educational activity level professional;
d) From 30,000,000 to 50,000,000 copper copper for organizational behavior in educational activities, except for cases specified in point DD Account 4 this;
DD) From copper to 50,000,000 80,000,000 contract organizational behavior with respect to educational activities according to the master's program, Dr.
5. additional sanctions: a) deprived of the right to use the decision to allow the educational activities from 12 to 24 months for violations of the provisions of Paragraph 3 of this article;
b) suspension of educational activities from 12 to 24 months for violations of the provisions of paragraph 4 of this Article.
6. remedial measures: a) Forced the students transfer of location have allowed educational activities for violations of the provisions in paragraph 2 of this Article;
b) forced the transfer of the eligible school enrolment have been admitted to other institutions or cancel the decision, return the funds collected for the study if not transfer for cases were recruited illegally due to violations of the provisions of paragraph 3 and paragraph 4 of this Article.
Article 7. Violating regulations on teaching more 1. Fines for violations of regulations on teaching more according to the following penalties: a VND 1,000,000 to 2,000,000) from the Council for organizational behavior teaching more not sure base material according to the regulations;
b) From copper to 2,000,000 4,000,000 VND for organizational behavior teaching more not right objects;
c) From 4,000,000 6,000,000 for the bronze to bronze organizational behavior teaching more properly licensed content;
d) From copper to copper 12,000,000 6,000,000 for organizational behavior teaching activities more when not yet licensed.
2. additional sanctions: a) deprived of the right to use the license to teach more from 6 to 12 months for violations of the provisions of point b and point c of Paragraph 1 of this article;
b) suspension taught from 12 to 24 months for violations specified in point d of Paragraph 1 of this article.
3. the remedial measures: a full complement) forced the conditions of the facilities for violations of the provisions of art. 1 of this article;
b) Forced to return to the school the funds collected and bear all costs paid back for violations of regulations at points b, c and d of Paragraph 1 of this article.
Section 2 the VIOLATIONS of REGULATIONS on STUDENT RECRUITMENT OPERATIONS article 8. Breach notification regulations, admissions consulting, identify intake

1. A fine of 2,000,000 VND to 4,000,000 VND for recruitment behavior not enough information on the subject of enrollment, level of training, training, training, training locations, records people and tuition of the course or does not comply with the content of the announcement.
2. A fine of 5,000,000 VND to 10,000,000 VND for recruitment behavior education program have foreign elements when not yet licensed the program implementation on the territory of Vietnam.
3. A fine from 10,000,000 to 15,000,000 VND VND for the behavior counseling or advice admission to educational programs have foreign elements on the territory of Vietnam when not yet licensed implementation on the territory of Vietnam.
4. A fine fellow to fellow 20,000,000 15,000,000 words for violations of regulations regarding the criteria determining admission criteria.
5. Fine fellow to 20,000,000 25,000,000 Council for enrolment support acts or support the acquisition of the records of enrollment educational programs have foreign license is done on the territory of Vietnam.
6. Fine fellow to 25,000,000 30,000,000 VND for organisational behaviour recruitment for specialized industry, when not yet licensed.
7. Fine fellow to 40,000,000 60,000,000 Council for organizational behavior in educational programs admissions have foreign elements when not yet licensed implementation on the territory of Vietnam.
8. additional sanctions: expulsion for the alien violations specified in Clause 7 of this.
9. the remedial measures: Forcing the students eligible to transfer the successful have admission into other institutions or cancel the decision, return the funds collected for the study if not transfer for cases were recruited illegally due to violations of the provisions of Clause 6 and Clause 7 of this.
Article 9. Violating the rules of examination 1. Fines for false admissions object behavior in secondary level according to the following penalties: a VND 200,000 to 500,000) from the Council for the wrong team behavior under 10;
b) From 500,000 to 2,000,000 VND VND for the wrong team behavior from 10 to less than 20;
c 2,000,000 5,000,000 to copper) from the Council for the wrong team behavior from the school.
2. Fines for the behavior of admissions training level professional wrong object according to the following penalties: a VND 2,000,000 to 5,000,000) from the Council for the wrong team behavior under 10;
b) From copper to copper 10,000,000 5,000,000 for the wrong team behavior from 10 to under 30;
c copper to copper 20,000,000 10,000,000) for the wrong team behavior from 30 people to school.
3. Sanctions for behavior training admissions, University College degree wrong object according to the following penalties: a VND 15,000,000 to 5,000,000) from the Council for the wrong team behavior under 10;
b) 15,000,000 30,000,000 copper to copper From for wrong team behavior from 10 to under 30;
c) 30,000,000 50,000,000 to copper or copper from the suspension of recruitment of 12 months for the wrong team behavior from 30 people to school.
4. Sanctions for acts of admissions master's level training, Dr. sai object according to the following penalties: a VND to 10,000,000 20,000,000) from the Council for the wrong team behavior to under 5;
b) From copper to copper 40,000,000 20,000,000 for the wrong team behavior from 5 to under 10;
c) From copper to copper or 60,000,000 40,000,000 suspended 12-month enrollment for the wrong team behavior from 10 participants or more.
5. A fine from 5,000,000 VND to 10,000,000 VND for perjury behavior, fake papers in the admissions records to be admitted.
6. Fine from 10,000,000 20,000,000 for copper to copper acts do not perform procedures prescribed in the regulations.
7. remedial measures: a) forced the cancellation of the decision, returned to the school the amount collected and bear all costs of returning the Organization for violation of the provisions of paragraphs 1, 2, 3 and 4 of this Article;
b) forced the cancellation of the successful decision for violation of the provisions in clause 5 of this Article.
Article 10. Breach of rules on admissions criteria 1. Warnings or fines for the behavior of admissions to vocational training beyond the number compared with targets of the competent bodies have been notified or are assigned according to the following penalties: a) caution or a fine from 200,000 to 500,000 Dong Dong for national behavior crossed from 5% to under 10%;
b) fine from 5,000,000 VND 2,000,000 VND to national acts to pass from 10% to under 15%;
c) fine from 5,000,000 VND to 10,000,000 Council for national behavior crossed from 15% to below 20%;
d) fine from 10,000,000 20,000,000 to fellow Council for national behavior crossed from 20% or more.
2. Fines for the behavior of admissions to college level training, undergraduate, masters and doctoral degrees beyond the number compared with targets of the competent authorities have been informed or are assigned according to the following penalties: a VND 2,000,000 to fine) 5,000,000 VND for national behavior crossed from 5% to under 10%;
b) fine from 5,000,000 to 20,000,000 Council Council for national behavior crossed from 10% to 15%;
c) fine from copper to copper 40,000,000 20,000,000 for overcoming recruitment behavior from 15% to below 20%;
d) fine from the copper to copper 60,000,000 40,000,000 for overcoming recruitment behavior from 20% or more.
3. the remedial measures: Forced to reduce the number of admissions the following year by the number of minimum was crossed for violations of the provisions of this Article.
Item 3 the BREACH OF RULES on content, TRAINING, PROGRAM CONTACT INFORMATION, link to article 11. Violation of regulations on the duration, content, educational program 1. A fine from 200,000 to 500,000 Dong Dong for not having enough behavior profile, books prescribed or does not use teaching equipment has been fitted according to regulations.
2. Warnings or fines for acts not taught enough in the training program of a subject under the following fines: a) caution for breach under 5;
b) fined from 200,000 to 500,000 Dong Dong for violation of from 5 to under 10;
c) fine from 500,000 to 1,000,000 VND VND for violation of from 10 to under 15;
d) fine from 1,000,000 to 2,000,000 VND VND for the violation from secretions back up 15.
3. Warnings or fines for acts not taught enough layout in the training program of a subject under the following fines: a) caution for breach under 5;
b) fined from 200,000 to 500,000 Dong Dong for violation of from 5 to under 10;
c) fine from 1,000,000 to 2,000,000 VND VND for violation of from 10 to under 15;
d) fine copper copper 4,000,000 to 2,000,000 for violations from 15 weather is over.
4. A fine of 5,000,000 3,000,000 Dong to Dong for acts arbitrarily add, reduce the content of subjects or not, protection organization projects specified in the education program.
5. A fine of 4,000,000 6,000,000 for copper to copper acts established the Council reviews masters thesis, doctoral thesis when a student has not completed the prescribed curriculum, unfinished dissertation, thesis, or members of the Board reviews masters thesis, thesis is not properly regulated.
6. Fine from 10,000,000 20,000,000 to copper or bronze suspended training from 6 to 12 months for educational activity behavior is not the right time for training or a form of training for the education program have foreign elements.
7. Fine fellow to 20,000,000 30,000,000 VND or suspension training from 6 to 12 months for teaching behavior education program have no foreign elements in accordance with the program in the file license.
8. additional sanctions: suspension training from 6 to 12 months for violations of the provisions of Clause 6 and Clause 7 of this.
9. the remedial measures: a) Forcing additional content subjects or lack of training programs, organize protected dissertations, thesis for violations of the provisions of paragraphs 2, 3, 4 and 5 of this Article;
b) forced the transfer of the eligible school enrolment have been admitted to other institutions or cancel the decision, return the funds collected for the study if not transfer for violations of the provisions of Clause 6 and Clause 7 this Thing to the point of suspension training.
Article 12. Violation of regulations regarding training contact information, link 1. Fines for violations of the regulations on training according to the following penalties: a VND to 10,000,000 20,000,000) from the Council for organizational behavior associate training enough not the prescribed conditions;
b) From 30,000,000 VND to 40,000,000 Council for organizational behavior associate training departments or level of training before being assigned to training.
2. A fine for violations of regulations on training according to the following penalties: a VND to 10,000,000 5,000,000) for acts signed to link incomplete training content information about partner links, venue for training, training forms , training time, the level of tuition fees, the cost of training and the responsibilities of the parties involved links;
b) From copper to copper 20,000,000 10,000,000 for violation of the responsibilities of the parties involved links;
c) From copper to copper 25,000,000 20,000,000 for behavior training level by official rules;
d) From copper to 25,000,000 30,000,000 VND for the behavior associated with training partners are not properly regulated;
DD) From 30,000,000 VND to 40,000,000 Council for training link behavior when no text allowed training of competent State agencies.
3. the remedial measures: a) Forced the students transfer of venue has licensed educational activities for violations specified in point c of Paragraph 2 of this Article;

b) forced the transfer of the eligible school enrolment have been admitted to other institutions or cancel the decision, return the funds collected for the study if not transfer for cases were unauthorized infringement of national provisions in point b of paragraph 1, point d and point VND Account 2 things.
Section 4 the VIOLATION of RULES of the CONTEST, CHECK OUT the LEARNING OUTCOMES ASSESSMENT, article 13. Breach of rules on competition 1. A fine from 5,000,000 VND 2,000,000 VND to for disruptive behavior or threat of force to prevent people and who organized the contest, contest, contest, contest, contest service.
2. A fine of 3,000,000 Dong to Dong 6,000,000 for false information behavior of the exam.
3. Fines for violations of competition rules according to the following penalties: a VND 1,000,000 to 2,000,000) from the Council for bearing behavior of documents, information, items not allowed in the exam room, the area of examination;
b) From copper to copper 3,000,000 2,000,000 for working households behavior of contestants or help candidates test;
c) From copper to copper 5,000,000 3,000,000 for the behavior change or other marking contest examination;
d) From 5,000,000 to 7,000,000 copper copper for writing more behavior or fixing the content of the test or the test point rules;
DD) From copper to 7,000,000 10,000,000 VND for guest behavior test switch;
e copper to copper 10,000,000 8,000,000) for organizational behavior wrong examination regulations.
4. A fine from 10,000,000 12,000,000 contract to contract for breach of the test.
5. Fine fellow to 20,000,000 same 50,000,000 for breach exposing secrets or take examinations.
6. remedial measures: a) Forced to restore the original state has been modified for violations specified in point d of Paragraph 3 of this article;
b) Force secured the rights of candidates for violations of the provisions of paragraph 4 of this Article.
Article 14. Violation of rules of inspection organization, reviews the results of the study 1. Caution or fine for organizational behavior examine, assess learning outcomes of learners do not properly follow the rules of the following penalties: a) caution or a fine from 200,000 to 500,000 Dong Dong for violating in educational establishments, the institution regularly;
b) fine from 1,000,000 to 2,000,000 VND VND for violation of professional secondary school;
c) fine from 5,000,000 VND 2,000,000 VND to for breach of in higher education establishments.
2. remedial measures: Forcing the test organization, reassess the results of the study with regard to violations of the provisions of this Article.
Section 5 the VIOLATION of REGULATIONS on the MANAGEMENT LEVEL, and USE article 15 DEGREES. Violating regulations on management, certificate, diploma-level 1. Fines for violations of regulations on the management of the qualification, the certificate according to the following penalties: a VND 4,000,000 to 8,000,000) from the Council for the behavior not the full set of records as a basis for granting, management qualifications, certificate or embryo handling behavior certificate diploma written , in wrong, broken not properly regulated;
b) From copper to copper 20,000,000 10,000,000 for behavior in embryonic diploma, certificate content rules.
2. Fines for violations of the terms of the grant of a certificate, qualification according to the following penalties: a VND 2,000,000 to 5,000,000) from the Council for issuing behaviour, a certificate with incorrect content regulation;
b) From copper to copper 10,000,000 8,000,000 for the behavioral level diploma, certificate students are not qualified;
c) From copper to copper 40,000,000 20,000,000 for degree-level behavior, certificate authority.
3. the remedial measures: a) forced the cancellation of the embryo, degree certificate was incorrectly printed contents prescribed for violations specified in point b of Paragraph 1 of this article;
b) forced the cancellation of the decision to recognize a graduate-level degree and certificate, for violations of the provisions of point b and point c of Paragraph 2 of this Article.
Article 16. Violating the regulations on use and public information level diploma, certificate 1. A fine from 1,000,000 to 2,000,000 VND VND for acts not updated and publicly available information on the levels of qualifications, the certificate on the information page of the electronic unit.
2. A fine of 2,000,000 8,000,000 copper to copper from for unauthorized use of a degree, certificate of another person or the use of degrees being purged, deleted, repair.
3. A fine from 10,000,000 20,000,000 to copper copper for sale purchase behavior, use fake certificates, diplomas.
4. A fine of 20,000,000 40,000,000 for copper to copper acts fake diplomas, certificates.
5. additional sanctions: confiscated exhibits, means of administrative violations for violations of the provisions of clause 2, 3 and 4 of this Article.
Item 6 the BREACH of REGULATIONS for TEACHERS and LEARNERS of article 17. Violation of regulations on the use of teachers 1. A fine of 2,000,000 to 6,000,000 đồng VND for unauthorized use of unqualified teachers in preschool education, general education.
2. A fine of 4,000,000 VND to 10,000,000 VND for unauthorized use of unqualified teachers in the vocational, education.
3. A fine from 10,000,000 20,000,000 for copper to copper use teaching teacher education programs have incorrect foreign regulations on qualification, language qualifications.
Article 18. Violating regulations on ensuring the rate of teachers, the teaching personnel in the institution to a fine for violations of regulations on the proportion of teachers, the teaching personnel on the total number of teachers, teaching staff in educational institutions under the specific penalties are as follows: 1. From bronze to copper 5,000,000 2,000,000 for violations in educational establishments;
2. From bronze to copper 10,000,000 5,000,000 for violations of professional secondary school;
3. From bronze to copper 20,000,000 10,000,000 for violations in higher education establishments.
Article 19. Violation of the policy against teachers or behavior offend the honor, dignity, invasive physical educators, educational managers 1. Fine of 2,000,000 to 4,000,000 copper copper from for the behavior does not make rules about fostering professional service for teachers.
2. A fine of 5,000,000 10,000,000 for copper to copper acts offended the honor, dignity, invasive physical educators, educational managers.
Article 20. Violating regulations on management of user profile 1. Fine of 2,000,000 to 4,000,000 copper copper from for the behavior to occur, the transcript window repairs point, votes or materials points relevant to the assessment of the learning outcomes of learners.
2.8,000,000 4,000,000 VND to fine copper for acts not set or set to incomplete records management who studied under the rules.
3. the remedial measures: Forcing restore original state has been modified for violations of the provisions of Paragraph 1 of this article.
Article 21. Violation of rules of discipline of the school, mistreated, insulted the honor, the dignity study 1. A fine of 2,000,000 to 6,000,000 đồng VND for disciplinary behavior forced the learner studies not properly regulated.
2. A fine of 5,000,000 10,000,000 for copper to copper acts offended the honor, the dignity, the persecuted, the invasion of the body.
3. additional sanctions: suspension of teaching from 1 month to 6 months for violations of the provisions in paragraph 2 of this Article.
4. remedial measures: forcing the cancellation of the unlawful decision and restore the rights of study participants for violations of the provisions of Paragraph 1 of this article.
Article 22. Violation of regulations of universal education 1. Caution or a fine from 200,000 to 500,000 Dong Dong for fomenting acts do not go to school or skip school for fomenting the learner universal academic levels.
2. Caution or a fine of from 500,000 to 1,000,000 VND VND for acts impedes the schooling of the universal level.
Section 7 the VIOLATION of RULES of the FACILITIES, equipment, and FINANCIAL CONDITIONS that GUARANTEE the QUALITY of Article 23. Violating regulations on management of production, supply and use of books, textbooks, lectures, teaching equipment, document 1. A fine of 4,000,000 6,000,000 for copper to copper acts used books, textbooks, lectures, teaching equipment, material not regulation.
2. A fine of 15,000,000 30,000,000 VND to Council for shopping behavior, receiving books, textbooks, lectures, teaching equipment, document contents are not suitable, distort, inciting violence, affecting the customs of peoples.
3. A fine of 30,000,000 50,000,000 for copper to copper acts produce teaching equipment is not properly regulated.
4. remedial measures: Forcing cancellation of books, textbooks, lectures, documentaries, instructional equipment for violations of the provisions in paragraph 2 and Paragraph 3 of this article.
Article 24. Violation of regulations regarding tuition, fees and other revenues 1. Violating regulations on fees, fees for sanctioned under the provisions of the decree regulating the administrative sanction in the area of fees.
2. A fine of 5,000,000 3,000,000 Dong to Dong for acts not public currency, according to the financial regulation.
3. A fine from 10,000,000 20,000,000 for the bronze to bronze organizational behavior currency the account rules.
4. remedial measures: Forcing students to pay back the amount of money collected and bear all costs of the Organization; the case does not return was then filed on the State budget for violations of the provisions of Paragraph 3 of this article.
Article 25. Violation of conditions of quality assurance or guarantee the safety of the school infrastructure, class 1. Fines for non-secured national acts who studied on faculty or building floor area ratio on particular learner as follows: a VND to 10,000,000 5,000,000) from the Council for having national institutions who studied on faculty pass from 50% to 100% of the quota regulations or building floor area ratio on the only hit from 50% to 90% of the norm Regulation;

b) From copper to copper 20,000,000 10,000,000 for the institution has a student on the Faculty goes beyond 100% from the prescribed norm or building floor area ratio on the only hit under 50% of the prescribed norms.
2. A fine from 10,000,000 20,000,000 for copper to copper acts do not ensure safety of school facilities, class.
3. A fine fellow to 20,000,000 25,000,000 from Council for industry training organization behavior when not enough number of PhD, master of according to the regulations.
4. additional sanctions: suspension of admissions from 12 months to 24 months for violations specified in point b of paragraph 1 and Paragraph 3 of this article.
5. remedial measures: a full complement) forced the conditions on the team, the facilities to ensure quality education for violations of the provisions of paragraph 1 and Paragraph 3 of this article;
b) Forcing the full complement of conditions guaranteeing safety of school facilities, classrooms for violation of the provisions in paragraph 2 of this Article.
Article 26. Violating regulations on quality control for education 1. A fine of 4,000,000 VND to 8,000,000 contract to conduct self assessment results report the quality of institutions is not true reality.
2.8,000,000 fine copper to copper 12,000,000 for acts not to perform self assessment quality of education according to the regulations.
3. Fine fellow to 20,000,000 12,000,000 contract to conduct reviews, announced the results of the quality assessment of the institution is not true reality.
4. Fines for acts of forgery of papers, documents and records to be established the auditing organization quality education as follows: a VND 20,000,000 to 25,000,000) from the Council for the Organization of quality control, universal preschool education;
b) From copper to 25,000,000 30,000,000 VND for the Organization of quality control for education, higher education establishments, professional secondary school.
5. A fine of 30,000,000 VND to 40,000,000 for the copper acts arbitrarily established accreditation organizations of education.
6. remedial measures: Forcing organization educational testing for violations of the provisions of paragraph 4 and Paragraph 5 of this Article.
Chapter III JURISDICTION FORMED THEREON authority SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of EDUCATION article 27. Record-setting authority for administrative violations in the field of education 1. Set thereon authority specified in this record-setting administrative permissions on administrative violations in the scope of the duty, assigned tasks according to the model regulations and is responsible for the preparation of the minutes.
2. The following persons have the authority to establish administrative infringement thereon: a) authority sanctioning administrative violations specified in this Decree while on duty;
b) public servants while performing the duties of State management in the field of education.
Article 28. The authority of the Chairman of the sanctions Committee granted 1. Chairman of people's Committee of the communes, wards and towns have the right: a) caution;
b) impose a fine to the extent of a maximum of 5,000,000 VND for each violation of the provisions of chapter II of this Decree;
c) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph.
2. The Chairman of the district people's Committee, district, town, city in the province have the right to: a) caution;
b) impose a fine to a maximum copper 50,000,000 for each violation of the provisions of chapter II of this Decree;
c) Stripping operations license usage rights, practising certificate has a time limit or suspend activities that the time limit for the Organization, personal jurisdiction under the management hierarchy; confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in article 4 in chapter I of this Decree.
3. The Chairman of the provincial people's Committee, central cities have the right to: a) caution;
b) impose a fine to the extent of a maximum of 100,000,000 VND for each violation of the provisions of chapter II of this Decree;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend activities that the time limit for the Organization, personal jurisdiction under the management hierarchy;
d) confiscated exhibits, means of administrative violations;
e) apply remedial measures specified in article 4 in chapter I of this Decree.
Article 29. The authority sanction of inspection 1. Inspectors are on duty have the right: a) caution;
b) impose a fine to a maximum 500,000 Dong for each violation of the provisions of chapter II of this Decree;
c) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph.
2. The Chief Inspector of education and training has the right: a) caution;
b) impose a fine to a maximum copper 50,000,000 for each violation of the provisions of chapter II of this Decree;
c) Stripping operations license usage rights, practising certificate has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
e) apply remedial measures specified in article 4 in chapter I of this Decree.
3. the head of delegation level specialized Inspection Department has the right to: a) caution;
b) impose a fine to a maximum copper 50,000,000 for each violation of the provisions of chapter II of this Decree;
c) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in article 4 in chapter I of this Decree.
4. the head of delegation of specialized inspection the Ministry has the right to: a) caution;
b) fines to the maximum extent as 70,000,000 Council for each violation of the provisions of chapter II of this Decree;
c) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in article 4 in chapter I of this Decree.
5. The Chief Justice Inspector, ministerial-level agencies have the right to: a) caution;
b) impose a fine to the extent of a maximum of 100,000,000 VND for each violation of the provisions of chapter II of this Decree;
c) Deprived the right to use the license, certificate of practice, active suspension has a time limit;
d) confiscated exhibits, the media breached;
e) apply remedial measures specified in article 4 in chapter I of this Decree.
Article 30. Apply sanctions to expel foreigners who have administrative violations stipulates in paragraph 7 article 8 of this Decree to the extent to make expulsion from Vietnam territory shall follow the Government's Decree on regulating the custody award, according to the administrative procedures and apply sanctions expulsion by administrative procedures.
Chapter IV article 31 ENFORCEMENT TERMS. Effect 1. The Decree has effect as from October 10, 2013.
2. Decree No. 49/2005/ND-CP dated 11 April 2005 of the Government regulation on sanctioning administrative violations in the field of education; Decree No. 40/2010/ND-CP on January 8, 2011 the Government's amendments and supplements to some articles of Decree No. 49/2005/ND-CP dated 11 April 2005 of the Government regulation on sanctioning administrative violations in the field of education most effective since the date this Decree is in effect.
Article 32. Transitional provisions for administrative violations in the field of education to occur before 1 July 2013 that were discovered or are considering, addressed the application of the rules to benefit the Organization, individuals violating.
Article 33. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.