The Decree 30/2010/nd-Cp: Modifying, Supplementing A Number Of 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

Original Language Title: Nghị định 40/2011/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 49/2005/NĐ-CP ngày 11 tháng 4 năm 2005 của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực giáo dục

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DECREE amending and supplementing a number of 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on education, June 14, 2005; Law on amendments and supplements to some articles of the law on education, November 25, 2009;
Basing the Ordinance on administrative violations processing 2 July 2002;
Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Considering the recommendation of the Minister of education and training, the DECREE: article 1. Modifying, supplementing a number of 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 are as follows: 1. Paragraph 3 article 7 be amended and supplemented as follows: "4. In addition to the sanctions provided for in paragraph 1 , paragraph 2 of this Article, personal, organizational administrative violations in the field of education also can be applied to one or more remedial measures: a) Forced to restore original state has been changed due to administrative violations inflicted upon the request of the competent authority.
b) Forced to suspend or terminate the operation of the teaching, education.
c) forced the cancellation of the results of the tests or the dots back test.
d) enforce teaching, practice guidelines, additional practice enough, the content, the program as prescribed; document supply, equipment according to the approved plan.
DD) forced the cancellation of the decision is contrary to the regulations of the competent authorities.
e) Forced to restore the rights of study participants, guarantee the right of people to be used, the degree certificate.
g) Forced to refund the tuition amount currency and bear all costs the Organization refunded due to administrative violations caused.
h) Forced to revoke the qualification, the certificate was issued.
I) Forcibly taken out of the territory of Vietnam or forced back the textbooks, materials, educational equipment have been imported illegally due to administrative violations caused.
k) Required the full complement of conditions to ensure the safety of the school, who taught.
l) Required training done properly informed of the main training facility.
m) Stops execution of contract training. "
2. Article 8 is amended and supplemented as follows: "article 8. Violation of regulations on the establishment of the institution 1. A fine from 1,000,000 to 2,000,000 VND VND for the breach to form, license, certificate of practice but do not report to the competent authorities.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the acts: erased, corrected, additional content, buy, sell, assign, rent, lease, loan, loan establishment, license, certificate of practice contrary to the provisions of the law.
3. A fine from 10,000,000 to 100,000,000 đồng VND for established acts of unauthorized institution according to the specific penalties for each of the following levels: a VND to 10,000,000 20,000,000) from the Council for the establishment of behavior basis, universal preschool education.
b) From copper to 20,000,000 30,000,000 VND for acts established professional secondary school, continuing education center, language Center, information center.
c copper to copper 60,000,000 40,000,000) for College.
d) From copper to copper 100,000,000 60,000,000 for the University.
4. A fine of from 500,000 to 10,000,000 VND VND for organizational behavior in educational activity according to the program, universal preschool education, vocational, College, University, masters and doctoral not yet competent authorities allow or allow acts of wrong jurisdiction according to the specific fines here : a VND 500,000 to 1,000,000) from the Council for early childhood education.
b) From 1,000,000 to 2,000,000 copper copper for general education.
c) From copper to copper 5,000,000 3,000,000 for professional education, College.
d) From 5,000,000 10,000,000 to fellow Council for university education, masters and PhD.
5. additional sanctions and remedial measures for the acts specified in this: a) confiscated exhibits and deprived of the right to use the license for the acts specified in paragraph 2 of this Article.
b) forced the suspension of educational activities and return to the school the amount collected and bear all costs the Organization reimbursed for the acts specified in paragraph 3, paragraph 4 of this Article. "
3. additional account 1a, 1b and article 9 paragraph 1 follows item 2, 3, 4 article 9 be amended and supplemented as follows: "1a. A fine from 5,000,000 VND to 10,000,000 VND for the behaviour does not comply with the content of the notice of enrollment, training of the unit.
1B. Fines for violations in training under the following specific penalties: a VND to 10,000,000 5,000,000 VND) when training does not guarantee the sequence, the prescribed procedure.
b) From copper to copper 20,000,000 10,000,000 for acts signed to the combined training units are not properly rule on the training link.
2. A fine from 10,000,000 20,000,000 for copper to copper behavior training and certification are not rules of law.
3. Fine fellow to 40,000,000 60,000,000 Council for one of the following violations: a) training, issuing of national education systems beyond the jurisdiction assigned to it.
b), specialized training in addition to the jurisdiction assigned to it.
4. remedial measures for violation of the provisions of this Article: a) Forced to return to the school the funds collected and bear all costs the Organization reimbursed for violations of the provisions of paragraph 1 and revoke the degree, the certificate was granted permission for violation of the provisions in paragraph 2 , paragraph 3 of this Article.
b) Forced to restore the rights of the people by the violations specified in clause 1 of this cause as determined by the competent authority.
c) forced the institution to comply with notices of violations specified in paragraph 1a of this Article; stop the execution of contract training for violations specified in point b, paragraph 1b of this. "
4. Paragraph 1 article 10 be amended and supplemented as follows: "1. Caution or impose a fine of 200,000 to 3,000,000 đồng VND for the behavior is not enough to teach or not to teach the number layout or content knowledge (the forth computer language) courses as specified by the competent authority for education , professional secondary, College, University, masters and Ph.d. under the following specific penalties: a) caution for breach under 5 lessons in a school year.
b) fined from 200,000 to 500,000 Dong Dong for violation of from 5 to 10 lessons in a school year.
c) fine from 500,000 to 1,000,000 VND VND for violation from 11 to 15 lessons in a school year.
d) fine from 1,000,000 to 2,000,000 VND VND for violation of from 16 to 20 lessons in a school year.
DD) a fine of 2,000,000 VND to 3,000,000 đồng for violation from 21 lessons or over in one year. "
5. Article 11 is amended and supplemented as follows: "article 11. Violation of regulations on the subject, criteria, indicators and admissions authority.
1. A fine of from 500,000 to 1,000,000 VND VND for perjury or acts of abetting the perjury admission record to be admitted.
2. A fine of from 1,000,000 VND to 20,000,000 Council for national acts who studied at the preschool level, the wrong object, common standards in accordance with the following specific penalties: a VND 1,000,000 to 2,000,000) from the Council for the wrong team violations from 1 to 5.
b) From copper to copper 3,000,000 2,000,000 transgressions against the wrong team from 6 to 10.
c) From copper to copper 5,000,000 3,000,000 for violating the wrong team from 11 to 15.
d) From 5,000,000 10,000,000 for copper to copper breached the wrong team from 16 to 50.
DD) From copper to copper 20,000,000 10,000,000 for the wrong team offense from 51 people school.
3. Caution or fine from the copper to copper 15,000,000 3,000,000 for the behavior of admissions to professional training in excess of the target amount, the wrong object or the prescribed standards with the following specific penalties: a) caution for breach of transcended team under 10% in comparison with the target enrollment number was delivered.
b) fine from 5,000,000 to copper copper 3,000,000 for violating recruiting in excess of from 10% to 15% lower than the target number of admissions or recruiting under 10 students do not object, the standard.
c) fine from 5,000,000 VND to 10,000,000 VND for violating recruiting beyond from 15% to less than 20% of the target number of students assigned or recruited from 10 to 20 students are not the right audience, standard.
d) fine from 10,000,000 to 15,000,000 Board fellow for recruiting violations exceeded the targets upwards from 20% in the number of admissions or recruiting from 21 students over the right object, not the standard.
4. A fine from 10,000,000 VND to 80,000,000 contract for admission to training behavior of College, University, masters and Ph.d. in excess of the target amount or the wrong object, standard in accordance with the following specific penalties: a VND to 10,000,000 20,000,000) from the Council for violating team crossed from 5% to below 10% of the target number of students Affairs.
b) From copper to copper 40,000,000 20,000,000 for recruiting violations in excess of from 10% to 15% lower than the target number of admissions or recruiting under 10 who do not object, the standard.
c copper to copper 60,000,000 40,000,000) for violating recruiting beyond from 15% to less than 20% of the target number of students assigned or recruited from 10 to 20 people, not academic criteria.
d) 60,000,000 to 80,000,000 copper copper From for recruiting violations exceeded the targets upwards from 20% in the number of admissions or recruiting from 20 people upwards not learned the right audience, standard.
5. Fines for the behavior of admissions to diploma level, training of national education system the wrong jurisdiction to be assigned according to the following penalties:

a bronze to copper 10,000,000 5,000,000) for acts of recruitment (in all forms) when the competent authority has not yet been enabled.
b) From copper to copper 30,000,000 20,000,000 for records acquisition behavior, organized competition or selection, summoned contestants when the competent authority has not yet been delivered.
6. Fines from 5,000,000 Dong to Dong 60,000,000 for violations of regulations on admission to training abroad or in educational establishments have foreign elements operating on the territory of Vietnam under the program of general education, vocational, College, University, masters Ph.d., according the following specific penalties: a VND to 10,000,000 5,000,000) from the Council for the wrong team violations from 1 to 5.
b) From copper to copper 20,000,000 10,000,000 for violating the wrong team from 6 to 10.
c) From copper to 20,000,000 30,000,000 VND for the wrong team offense from 11 to 15.
d) From copper to copper 40,000,000 30,000,000 for the wrong team offense from 16 to 20.
DD) From copper to copper 50,000,000 40,000,000 for the wrong team offense from 21 to 25.
e) From copper to copper 60,000,000 50,000,000 for violating the false enrolment from 26 people learn more.
7. additional sanctions for violation of the provisions of this Article: a) confiscated exhibits for violation of the provisions in paragraph 1 of this article.
b) deprived of the right to use the licence term if the first violation and not the term if re-fined for violation of the provisions of paragraph 3, paragraph 4 and paragraph 6 of this Article.
8. remedial measures for violation of the provisions of this Article: a) forced the cancellation of the erroneous decision by the acts specified in paragraph 1, item 2, item 3, clause 4 and clause 5 of this Article.
b) Forced to pay back the sums collected by the learner and bear all costs for the return for the acts specified in clause 2, clause 3, clause 4, clause 5 and clause 6 of this. "
6. Paragraph 4 and point c paragraph 5 article 12 be amended and supplemented as follows: "4. the fine from 10,000,000 to copper copper 6,000,000 for guest behavior test switch or abetting another person's test the switch hitting contest.
c the dot entrance exam) examinations, not correct answers, scale; not the right process. "
7. Article 13 is amended and supplemented as follows: "article 13. Violation of regulations on the assessment of learners within educational establishments, vocational and higher education 1. Caution or a fine from 200,000 to 2,000,000 VND VND for the behavior does not fulfill the regulations of the competent authorities, test dotted about the articles, reviews, classified study results affect the outcome of subjects, semester, academic year according to the learner's specific fines here : a) caution or a fine from 200,000 to 500,000 Dong Dong for violations in educational establishments.
b) fine from 500,000 to 1,000,000 VND VND for violations at the institution level professional.
c) fine from 1,000,000 to 2,000,000 VND VND for violations in higher education establishments.
2. Remedies for breach of the provisions of this Article: Forcing restore test results, reviews, classified study of real right for violation of the provisions in paragraph 1 of this article. "
8. Item 2, 3, 4, 5 article 14 be amended and supplemented as follows: "2. A fine of from 1,000,000 to 2,000,000 VND VND for the behavior using the degree certificate, not legal.
3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following behaviors: a) Not established or incomplete records prescribed as a basis to allocate, manage, qualification certificate.
b) endorse false or falsified records led to the granting of degrees, certificates for non-eligible.
4. A fine of 3,000,000 Dong to Dong 7,000,000 for regulatory violations, examination under the following specific penalties: a VND to 3,000,000 5,000,000 VND) for acts of destroying or falsifying records, the documents used as a basis to allocate or confirm the legality of the certificate.
b) From 5,000,000 to 7,000,000 Council Council for decision-making behavior of unauthorized certificate.
5. Fines for regulatory violations, granting degrees under the following specific penalties: a VND 7,000,000 to 10,000,000) from the Council for the behavior destroy or falsify records, documents used as a basis to allocate or confirm the legitimacy of degree.
b) From copper to copper 15,000,000 10,000,000 for behavior decision improperly issuing prescriptions. "
9. Paragraph 1 article 15 be amended and supplemented as follows: "1. Caution or a fine of from 500,000 Dong to 15,000,000 Board for teacher use substandard regulations on level of training under the following specific penalties: a) caution or a fine of from 500,000 to 1,000,000 VND VND for the behavior using the preschool teacher.
b) fine from 1,000,000 to 2,000,000 VND VND for the behavior using the popular teacher.
c) fine from 5,000,000 3,000,000 Dong to Dong for unauthorized use of professional teacher, teaching in continuing education center, language Center, information center.
d) fine from 5,000,000 VND to 10,000,000 VND for unauthorized use of College teaching faculty.
DD) fine from copper to copper 15,000,000 11,000,000 for unauthorized use of the Faculty teach undergraduate, master's and doctoral training. "
10. additional Article 16a after article 16 as follows: "article 16a. Violation of regulations regarding facilities conditions ensure safe for teaching and learning activities in the institution.
1. Caution or a fine from 5,000,000 VND to 10,000,000 VND for acts not sure enough about the condition and facility to the accident for people who study or teach according to the specific penalties: a) caution against acts doesn't guarantee enough conditions on the base material for learners or the teacher.
b) fine from 5,000,000 VND to 10,000,000 VND for the behavior to the accident for people who learn, teach.
2. remedial measures: additional conditions to ensure the regulations on physical conditions for learners, who teaches. "
11. the following Article 16a 16b supplement as follows: "article 16b. Abuse, torture; invasion of the dignity, the teacher's body.
1. A fine of 1,000,000 to 3,000,000 đồng VND for mistreatment, abuse behaviour.
2. A fine of 5,000,000 3,000,000 Dong to Dong for dignity infringement, teacher's body. "
12. Paragraph 1, 3 article 17 be amended and supplemented as follows: "1. Caution or a fine from 200,000 to 2,000,000 VND VND for irresponsible behavior in management to occur the corrected transcript, the shared points, votes or materials points relevant to the assessment of the learning outcomes of learners following these rules wrong specific fines here : a) caution or a fine from 200,000 to 500,000 Dong Dong for violation of from 1 to 2 cases.
b) fine from 500,000 to 1,000,000 VND VND for breaches from 3 to 5 case studies.
c) fine from 1,000,000 to 2,000,000 VND VND for the violation from 6 cases or more.
3. Remedies for breach of the provisions of this Article: Forced to restore original state has been changed due to violations of the provisions of paragraph 1 of this article and the full complement of records due to violations of the provisions in paragraph 2 of this Article. "
13. Article 18 paragraph 1 be amended and supplemented as follows: "1. A fine from 10,000,000 to 15,000,000 VND VND for the incorrect decision behavior regulations to purchase, receive gifts, used textbooks, educational materials and educational equipment does not guarantee the quality, bad influence to the teaching , learning ".
14. Paragraph 1 article 20 be amended and supplemented as follows: "1. Caution or a fine from 200,000 to 10,000,000 Council Council for disciplinary behavior forced the learner studies not properly regulated under the following specific penalties: a) caution or a fine from 200,000 to 500,000 Dong Dong for violation of from 1 to 2.
b) fine from 1,000,000 to 2,000,000 copper copper when the strike from 3 to 5.
c) fine from copper to 3,000,000 4,000,000 VND for the violation from 6 to 10.
d) fine from 5,000,000 VND to 10,000,000 VND for the violation from 11 people to school. "
15. Article 21 is amended and supplemented as follows: "article 21. Violation of regulations of universal education 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts impedes the schooling of the universal level.
2. A fine of from 1,000,000 to 2,000,000 VND VND for fomenting acts do not go to school or skip school for the learner universal academic levels. "
16. Article 24 is amended and supplemented as follows: "article 24. Authorised sanctioning administrative violations in the field of education authority sanctioning administrative violations in the field of education stipulated in article 22 and paragraph 2, Article 23, paragraph 3 of this Decree shall be authorized to perform under the provisions of article 41 of the revised Ordinance, supplementing some articles of the Ordinance on handling administrative violations in 2008. "
17. Article 26 is amended and supplemented as follows: "article 26. Procedure for sanctioning of administrative violations in the field of education 1. Record-setting procedures, decided to sanction is made according to the provisions of article 21, 22 and 23 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.
2. The fines and penalties must follow the procedure prescribed in article 26 and Article 28 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.

3. procedure deprived the right to use the form, license, certificate of practice made under the provisions of article 59 of the Ordinance on handling administrative violations and article 11 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.
4. procedures for confiscating and handling exhibits, means of administrative violations in the field of education made under article 60, article 61 of Ordinance on handling administrative violations and article 34 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008. "
18. Paragraph 1 article 27 be amended and supplemented as follows: "1. Individuals, organized administrative violations in the field of education must approve the decision to sanction within 10 days from the date of delivery of the decision, unless sanction has been prescribed in article 65 of the Ordinance on handling administrative violations. Calculation of the time limit specified in article 9 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008. "
19. Article 28 paragraph 1 be amended and supplemented as follows: "1. Individuals, organizations or their legal representatives have the right to appeal against the decision to sanction of the competent person specified in articles 22, 23 and 24 of this Decree. The procedure of complaints and complaints made under the provisions of article 118 of the Ordinance on handling administrative violations. The authority and the time limit complaints, complaint resolution to apply under the provisions of the law on complaints, accusations. The appeal decision sanctioning administrative violations do not suspend enforcement of the decision on sanctioning administrative violations in the field of education. "in article 2. Effective enforcement of this Decree in effect enforced since January 1st, 2011.
The previous provisions contrary to the provisions of this Decree are repealed.
Article 3. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.