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The Decree 116/2009/nd-Cp: Provisions On Sanctioning Administrative Violations In The Field Of Vocational

Original Language Title: Nghị định 116/2009/NĐ-CP: Quy định về xử phạt vi phạm hành chính trong lĩnh vực dạy nghề

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The DECREE regulating the sanctioning administrative violations in the field of vocational training _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
The labor code base on 23 June 1994; Law on amendments and supplements to some articles of the labor code on 02 April 2002; Law on amendments and supplements to some articles of the labor code on November 29, 2006;
Pursuant to the law on education, June 14, 2005;
Vocational Law base on November 29, 2006;
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 labor, invalids and Social Affairs, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations in the field of vocational training, sanctions, fines, authority to sanction, sanction procedures and remedial measures.
2. Administrative violations in the field of vocational training are the violations of the provisions of the law on vocational education by the individual, the Organization implemented a way to intentionally or unintentionally but not the crime and in accordance with the Ordinance on handling administrative violations and this Decree are sanctioned administrative offense.
Article 2. Application object 1. Individuals, Vietnam had organized administrative violations in the field of vocational training.
2. Individuals, foreign institutions have administrative violations in the field of vocational training on the territory of Vietnam, unless the international treaties to which the Socialist Republic of Vietnam is a member.
Article 3. Sanction guidelines 1. The sanctioning of administrative violations in the field of vocational training must be conducted justly, promptly, thoroughly. When the administrative violations must have decided to suspend immediately the violation; any consequences due to administrative violations must be fixed in accordance with the provisions of the law.
2. Individuals, organizations sanctioned administrative violations in the field of vocational training when there are administrative violations specified in chapter II of this Decree. The sanctioning of administrative violations in the field of vocational training are by people with authority are specified in section 1 of chapter III of this Decree shall proceed in accordance with the provisions of the law.
3. An administrative violations in the field of vocational training only sanctioned once. A person, an organization that performs many of the administrative violations, the sanctioned according to each violation. Many, many organizations implement an administrative violation, each person, each organization violated are sanctioned.
4. The sanctioning administrative violations in the field of vocational training are based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravating to decide the form and the level of punishment, remedial measures are appropriate.
5. Not sanctioning administrative violations in the case in a situation of legitimate defence, urgent, unexpected events or administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.
Article 4. Extenuating circumstances, aggravating The extenuating, apply in aggravating the sanctioning administrative violations with regard to the violations of the provisions of chapter II of this Decree shall be made according to the provisions of article 8 and article 9 of Ordinance on handling administrative violations.
Article 5. Time sanctioning administrative violations 1. Time sanctioning administrative violations in the field of vocational training is one year from the date of the administrative violations are made. If the above mentioned time limit, no sanction, but still apply remedial measures as prescribed in paragraph 3 article 7 of this Decree.
2. for individuals be prosecuted, indicted or have decided to take the case to trial under criminal proceedings but then decided to suspend the investigation or to suspend the case that behavior that administrative violations in the field of vocational training, the sanctioned administrative offense; in this case, time sanctioning administrative violations is 3 months from the date the competent sanctions get decided to suspend and records violations.
3. Within the time limit specified in paragraph 1, item 2 of this Article if the individual, the Organization has new administrative violations in the field of vocational or deliberately evade, delay the sanctions do not apply time limits stated on that time sanctioning administrative violations were counted back from the time of implementation of new administrative violation or termination Act vi deliberately evade, obstruct the sanction.
Article 6. The time limit is considered to be not yet sanctioned personal administrative violations, the organization sanctioned administrative violations in the field of vocational training, if over one year from the date of decision done executive sanction or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative offense.
Article 7. Sanctions and remedial measures 1. For each administrative violations in the field of vocational, personal, held in violation must bear one of the following sanctions: a) caution;
b) fine.
When applying shape, level specific fines for administrative violations is the average of the frame of the fines corresponding to the behaviors that are specified in chapter II of this Decree. If violations have extenuating circumstances, the fines can reduce lower but not below the minimum level of the frame fine; If violations are aggravating the penalty level can rise higher but not exceed the maximum level of fine frame.
2. Depending on the nature and extent of the violation, individual, organization, administrative violations in the field of vocational training could be applied one or the following additional sanctions: a) deprived of the right to use have limited time or no time limit decision established or the decision to allow establishment, vocational activity registration;
b) confiscated exhibits, the means used to administrative violations.
3. In addition to the fines prescribed in clause 1 and clause 2 of this individual, organization, administrative violations in the field of vocational training also can be applied to one or more remedial measures: a) Forced to restore original state has been changed due to administrative violations cause;
b) forced the cancellation of the results of the test or exam again dots;
c) enforce the additional content section, the program has been mutilated;
d) forced the cancellation of the wrong decision, contrary to the rules of the competent authority;
DD) Forced to restore the rights of study participants; restoring the legitimate rights and interests of the user, certificate of qualification; return to the learners have currency and bear all costs for refunds as a result of administrative violations cause;
e) Forced to revoke the qualification, the certificate was granted illegally;
g) Forced recovery, destruction or terminate the use of the materials and equipment of vocational due to administrative violations cause;
h) forced the revised information on the mass media;
I) Forced to comply fully, according to contracts already signed;
k) forced the destruction of documents and equipment for vocational training was imported illegally due to administrative violations caused.
Chapter II the ADMINISTRATIVE VIOLATIONS in the FIELD of VOCATIONAL TRAINING, FINES and SANCTIONS article 8. Violation of regulations on establishment and registration of vocational activities 1. A fine from 1,000,000 to 2,000,000 VND VND for one of the following violations: a) Do loses the decision established, decided to allow establishment, registration certificate of vocational activities but does not report to the competent authority;
b) Slow job registration with the competent authorities from 3 months to under 6 months, since the expiry of the registration are required.
2. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following violations: a) does not return the registration certificate vocational activities when the competent authority has decided to withdraw;
b) does not inform the certification body registration of training when changing address Head Office of vocational or non-registration of vocational activity when moving the headquarters of vocational to the province, central cities;
Slow c) vocational registration with the competent authorities from 6 months to under 1 year, since the expiry of the registration are required.
3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following violations: a) erased, corrected, supplemented in content creation, decide to allow establishment, registration certificate vocational activity;
b) false report the conditions to be established, allowing the establishment of vocational training establishments;
c) false report the condition to be upgraded, modified as vocational, vocational colleges;
d) false report the conditions to be granted a certificate of registration of vocational activity or added, to change trades training;
DD) the sale, transfer, rent, lease, loan, loan establishment decision, decided to allow establishment, registration certificate of vocational activity;
e) Slow job registration with the competent authorities from 1 year upwards, since the expiry of the registration are required.
4. A fine of 20,000,000 40,000,000 for copper to copper acts establish vocational centres, vocational, vocational colleges that are not yet competent authorities allow.
5. additional sanctions deprived of the right to use without time limit decision established, decided to allow establishment, registration certificate of vocational activities for acts specified in points a, b, c, e, e, paragraph 3 of this article.
6. remedial measures a) Forced to pay back for the learners have currency and bear all costs for refunds due to violations of the provisions of art. 2, clause 3 and clause 4 of this cause.
b) Forced to restore the rights of study participants for violations specified in point a, b, c, e, e, paragraph 3 of this article according to the decision of the competent authority.
Article 9. Violation of regulations on the operation of vocational

1. Fines for acts not Executive decided to suspend active or defunct vocational of the competent authority; continue to function when the time limit activities recorded in the certificate of registration of vocational activities has been discontinued or deactivated when not yet competent allow damage to the school with the following penalties: a VND to 10,000,000 5,000,000) from the Council for vocational training elementary vocational qualifications intermediate occupations;
b) 15,000,000 30,000,000 copper to copper From for vocational training vocational college level.
2. A fine from 10,000,000 20,000,000 for the bronze to bronze organizational behavior career training beginner, intermediate vocational occupations when not yet competent authorities allow.
3. A fine fellow to fellow 30,000,000 20,000,000 words for organizational behavior training the vocational college level career when not yet competent authorities allow.
4. A fine of 30,000,000 copper to copper 40,000,000 for the behavior training advantage to benefit the axis, labor abuse of apprentices.
5. additional sanctions a) deprived of the right to use the term from 3 months to under 1 year decided, decided to allow the establishment of registration certificates, job-training for the acts specified in paragraph 2 and paragraph 3 of this article;
b) deprived of the right to use without time limit decision established, decided to allow the establishment of registration certificates, job-training for the acts specified in paragraph 4 of this Article.
6. remedial measures: a) the Forced return to the learners have currency and bear all costs for the return for violations of the provisions of this Article;
b) Forced to restore the rights of study participants for violations of the provisions of paragraph 1 of this article by the decision of the competent authority.
Article 10. Violate the rules of the program, training plans and content 1. Caution or fine for teaching behavior not enough hours specified in the program for each course or module with the following penalties: a) caution when the breach below the 5% number of hours prescribed for each subject or module;
b) fined from 200,000 to 500,000 Dong Dong when violation from 5% to below 10% of the number of hours stipulated for each subject or module;
c) fine from 500,000 to 1,000,000 copper copper when the violation from 10% to 15% of the number of hours stipulated for each subject or module;
d) fine from 1,000,000 to 2,000,000 transgressions when copper copper from 15% to less than 20% of the number of hours stipulated for each subject or module;
DD) a fine of 2,000,000 VND to 3,000,000 contract violation from 20% or over the number of hours stipulated for each subject or module;
2. A fine of from 1,000,000 to 2,000,000 VND VND for the teaching behavior programs, curriculum regulations.
3. A fine of 5,000,000 3,000,000 Dong to Dong for violations of regulations on the use of forms, training management books.
4. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) violating conditions make subjects or serious impact module to the quality of training are specified in the program coursework or modules;
b) infringe regulations on construction organization, evaluation, issued in vocational programs.
5. A fine from 10,000,000 20,000,000 for the bronze to bronze organizational behavior when no training career programs as specified.
6. the remedial measures Required additional implementation the program was garbled part for violations of the provisions of paragraph 1 of this article.
Article 11. Violation of regulations on the subject, standards, use of admissions and student recruitment authority 1. Caution or a fine from 200,000 to 300,000 Council Council for acts or declarations admission profile abetting the perjury admission record to be admitted.
2. Caution or a fine for violations of regulations on the subject, enrolment standards of training in the primary level of the profession with the following penalties: a) caution when the wrong object, national standards from 10 to 20 people;
b) fined from 200,000 to 500,000 Dong Dong when recruiting the wrong object, standard from 21 to 30 people;
c) fine from 1,000,000 to 2,000,000 copper copper when the wrong object, selection criteria from 31 to 40 people;
d) fine from 5,000,000 3,000,000 Dong to Dong when recruiting the wrong object, standard from the 41 studies back up.
3. Caution or a fine for violations of regulations on the number, object, admission standards to training in intermediate to the following penalties: a) caution when the team crossed from 10% to 15% lower than the number to be admitted or wrong selection object standard, from 5 to 10 people;
b) fined from 200,000 to 500,000 Dong Dong when recruiting crossed from 15% to 20% lower than the number to be admitted or the wrong object, national standard from 11 to 20 people;
c) fine from 1,000,000 to 2,000,000 copper copper when recruiting crossed from 20% to 25% lower than the number to be admitted or the wrong object, national standards from 21 to 30 people;
d) fine from 5,000,000 VND 2,000,000 VND to when the team crossed from 25% to below 30% in comparison with the number to be admitted or the wrong object, national standards from 31 to 40 people;
DD) fine from 5,000,000 VND to 10,000,000 contract when team crossed from 30% or more than the number to be admitted or the wrong object, national standards from the 41 studies back up.
4. Caution or a fine for violations of regulations on the number, object, admission standards in training vocational college level with the following penalties: a) caution when overtaking team under 10% in comparison with the number to be admitted;
b) fine from 5,000,000 VND 2,000,000 VND to hiring crossed from 10% to 15% lower than the number to be admitted or the wrong object, selection standards under 10;
c) fine from 5,000,000 VND to 10,000,000 contract when team crossed from 15% to 20% lower than the number to be admitted or the wrong object, national standards from 10 to 20 people;
d) fine from 10,000,000 20,000,000 to copper copper when the team crossed from 20% to 25% lower than the number to be admitted or the wrong object, national standards from 21 to 30 people;
DD) a fine fellow to 20,000,000 30,000,000 VND from when the team crossed from 25% to 30% in comparison with the number to be admitted or the wrong object, national standards from 31 to 40 people;
e) fine from copper to copper hiring 40,000,000 30,000,000 crossed from 30% or more than the number to be admitted or the wrong object, national standards from the 41 studies back up.
5. A fine from 5,000,000 VND to 10,000,000 VND for recruitment behavior when not yet competent authorities allow.
6. Fine from 10,000,000 20,000,000 to copper copper for behavior acquisition records, examination or examination when the competent authority has not yet been enabled.
7. additional sanctions: a) the seizure of records, documents and declarations to be admitted for violations of the provisions of paragraph 1 of this article;
b) deprived of the right to use the registered certificate vocational activities have duration from 3 months to under 1 year if first violation and stripped of the right to use without a time limit if the second violation for violations of the provisions of paragraphs 2, 3 and 4 of this Article.
8. remedial measures: a) forced the cancellation of the successful result and the decision left the law for violations of the provisions of paragraphs 1, 2, 3 and 4 of this Article;
b) Forced to pay back the sum collected by the study and bear all costs for the return for violations of the provisions of clause 2, 3, 4, 5 and 6 of this Article.
c) Forced to restore the rights of study participants for violations of the provisions of paragraphs 2, 3 and 4 of this decision of the competent authority.
Article 12. Violating the rules of admission to vocational and examinations 1. A fine from 1,000,000 to 2,000,000 VND VND for disruptive behavior or threat of force to prevent the contest Manager, exam, examination, exam service mission.
2. A fine of 1,500,000 3,000,000 Dong to Dong for one of the following behaviors: a) decided to set up the apparatus, assigned officers to undertake works contrary to the regulations apply for the exam;
b) Do loses the test or damage to the extent cannot be test dotted;
c the dot entrance exam) examinations, not correct answers, scale;
d) set up false transcripts with results of the contestant.
3. A fine of 2,000,000 VND to 4,000,000 VND for acts of violence prevented the Manager exam, exam, examination, considered serving contest performing the task.
4. A fine of 4,000,000 VND to 6,000,000 đồng for one of the following violations: a) the Contest instead of others or to help others;
b) documents, information, unauthorized goods into the examination room for the contestants are attending;
c) disclose secret allows the number of the test;
d) Written more on the test or repair of exam candidates.
5. A fine from 10,000,000 to copper copper 6,000,000 for guest behavior test switch or abetting others the contestant's test the switch rating.
6. Fine from 10,000,000 20,000,000 for copper to copper acts expose the secret tests or to take the test.
7. additional sanctions seized the exhibits, the media was using made of violations specified in point b of paragraph 4 and paragraph 5 of this Article.
8. remedial measures a) Forced to restore the original state has been modified with the violations specified in point d of paragraph 2, point d of paragraph 4 and paragraph 5 of this Article;
b) forced the cancellation of the results of the test for countries which breach the provisions of paragraph 1, paragraph 3 and for the countries which benefit from the behavior defined in paragraph 4, 5 and 6 of this Article;
c) forced the test back to dot for violations specified in point c of paragraph 2 of this Article.
Article 13. Violation of regulations on the assessment of learners in vocational establishments 1. Caution or a fine of 300,000 to 500,000 Dong Dong from for the behavior does not fulfill the regulations of the competent agency about reviews, falsify the classified study results in subjects, modules, semester, academic year, of course.

2. the remedial measures Required to repair errors in the classification of learning outcomes of learners for violations of the provisions of paragraph 1 of this article.
Article 14. Violating regulations on management, printing, allocate, use diploma, certificate 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts not made responsible for certifying copies or confirm the legitimacy of degree, certificate already granted.
2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) is not set or set to incomplete, incorrect rules used as a base to record levels and management diploma, certificate;
b) endorse false or falsified records led to the grant of a certificate, qualification for non-eligible.
3. A fine of 5,000,000 10,000,000 for copper to copper acts as a primary certification to craft the rules of law.
4. A fine from 10,000,000 to 15,000,000 Board Council for vocational secondary level by acts contrary to the provisions of the law.
5. Fine fellow to 15,000,000 20,000,000 Council for vocational college acts contrary to the provisions of the law.
6. Fine from 10,000,000 20,000,000 for the bronze until the printing behavior, embryonic release diploma, certificate is not properly regulated.
7. additional sanctions deprived of the right to use the registered certificate vocational activities have duration from 3 months to under 1 year if first violation and stripped of the right to use without a time limit if the second violation for violations of the provisions of paragraphs 2 , 3, 4, 5 and 6 of this Article.
8. remedial measures a) revoke the certificate, qualification for violations specified in point b of paragraph 2, 3, 4 and 5 of this Article;
b) embryonic recovery, degree certificate was in respect of violations of the provisions of paragraph 6 of this Article.
c) Forced to restore the legitimate rights and interests of the user certificate, diploma for violations of the provisions of paragraph 1 of this article.
Article 15. Violation of regulations on the use of teachers 1. A fine according to the Decree of the administrative sanctions on violations of labour law with regard to behaviour contracts or contracts are not properly regulated with the teacher.
2. A fine for unauthorized use of unqualified teachers rules with the following penalties: a) a fine of up to 4,000,000 copper copper 3,000,000 for unauthorized use of primary level teacher profession unqualified;
b) fine from 5,000,000 VND to 10,000,000 VND for teacher use intermediate occupations, vocational colleges are not eligible;
3. A fine of 5,000,000 3,000,000 Dong to Dong for personal use exceeds the standard prescribed by the law.
4. remedial measures Required to comply fully, according to the provisions of labor contracts with the teacher.
Article 16. Violating regulations on ensuring the rate of higher education personnel in vocational establishments 1. Fines for violations of regulations on ensuring the rate of higher education personnel on the total number of teachers exchange with the following penalties: a fine of 5,000,000 VND) to 10,000,000 VND for the behavior does not guarantee the rate of basic teacher training centre;
b) fine from 10,000,000 to 15,000,000 VND VND for the behavior does not guarantee the rate of higher education personnel of vocational, vocational college.
2. additional sanctions deprived of the right to use the registered certificate vocational activities have duration from 3 to 6 months if it for violations of the provisions of paragraph 1 of this article.
3. the remedial measures Required to restore the rights of study participants with respect to re-offending behaviour specified in paragraph 1 of this article by the decision of the competent authority.
Article 17. Violation of regulations on the use of curriculum, the materials used for the sale and purchase of vocational training, vocational equipment 1. A fine from 1,000,000 to 5,000,000 đồng VND for shopping behavior, receiving donations and put to use, the materials used for vocational, vocational equipment rules, does not guarantee the quality of bad influence to teaching, learning.
2. remedial measures: a) the Forced termination of use, destruction or recovery of the syllabus, materials used for vocational, vocational equipment specified in clause 1 of this article;
b) Forcibly taken out of the territory of Vietnam or the forced destruction of the syllabus, materials used for vocational, vocational equipment for violations of the provisions of paragraph 1 of this article of vocational establishments have foreign elements operating on the territory of Vietnam.
Article 18. Breach of rules on pay for apprentices, the profession, about tuition, fees and other revenues from user 1. Fines for violations of pay for apprentices, the improper trades specified in paragraph 2 to article 23 of The Labour Act was amended and supplemented with the following penalties: a) a fine of 1,000,000 to 2,000,000 copper copper when breaches under 10 apprentices , the set of occupations.
b) fine from 5,000,000 VND 2,000,000 VND to when breaches from 10 to 50 apprentices, craft sets;
c) fine from 5,000,000 VND to 10,000,000 VND when breaches from 51 to 100 people, the apprentices;
d) fine from 10,000,000 to 15,000,000 Board Council when breaches from 101 to 500 people, the apprentices;
DD) fine from copper to copper 20,000,000 15,000,000 when breaches from 501 apprentices, set up trades.
2. for the violation of tuition fees, the fees made under the provisions of chapter II of Decree 104/2003/ND-CP dated 23 September 2003 of the Government regulation on administrative sanctions in the area of fees.
3. the remedial measures Required return for apprentices, the profession of public funds owed (if any) and bear all costs reimbursed for violations of the provisions of paragraph 1 of this article.
Article 19. Violating regulations on apprenticeship contracts 1. Caution or fine for vocational institutions in accordance to the contract of apprenticeship but not contracts or contracts not full content, objects under the provisions of the law with the following penalties: a VND 500,000 fine) to 1,000,000 VND when breaches under 10 apprentices;
b) fine from 1,000,000 to 3,000,000 Dong Dong when breaches from 10 to 50 apprentices;
c) fine from 5,000,000 3,000,000 Dong to Dong when breaches from 51 people to 100 apprentices;
d) fine from 5,000,000 to 7,000,000 copper copper when breaches from the 101 to 500 apprentices;
DD) fine from 10,000,000 to copper copper 7,000,000 when breaches from 501 or more apprentices.
2. the remedial measures Required to comply fully, the apprenticeship contracts under the rules.
Article 20. Violation of the provisions in the associated training, vocational training 1. A fine from 5,000,000 to copper copper 3,000,000 for the acts receive training exceed the capacity of classrooms, the facilities of vocational equipment.
2. A fine of 5,000,000 10,000,000 for copper to copper acts receive vocational training links without training or contracts signed after the regulations on vocational training.
3. A fine from 10,000,000 to 15,000,000 VND VND for one of the violations of the regulations on vocational training link below: a) Receive training was not allowed by the competent authority;
b) training links with organisations, individuals have no legal personality on the job.
4. additional sanctions: deprived of the right to use the registered certificate vocational activities have duration from 3 to 6 months if it for violations of the provisions in paragraph 2 and paragraph 3 of this article.
5. remedial measures a) enforce the right, complete the delivery of the contract linking the prescribed training when violation of clause 2 of this Thing;
b) Forcibly terminate the training when the violation of the provisions of paragraph 1 and paragraph 3 of this article;
c) Forced return for apprentices the amount (if any) and bear all costs reimbursed for violations of the provisions of paragraph 1 and paragraph 3 of this article.
Article 21. Violating regulations on management of user profile 1. Warnings or fines for irresponsible behavior in management to occur the repair rules vote points, the profile of the school or the documentation related to the evaluation of learning results wrong regulation with the following penalties: a) caution or a fine from 200,000 to 300,000 Dong Dong when breaches from 1 to 2 cases learning;
b) fined 300,000 VND VND 500,000 came from when the strike from 3 to 5 cases;
c) fine from 600,000 to 1,000,000 copper copper when breaches from 6 cases in the school.
2. A fine of 2,000,000 to 5,000,000 đồng VND from for acts not set or set to incomplete records, the books prescribed learning management.
3. the remedial measures a) Forced to restore the original state has been modified for violations of the provisions of paragraph 1 of this article;
b) Forced to repeat the full record, the school management books as prescribed for the violation of the provisions in paragraph 2 of this Article.
Article 22. Violation of rules of the form the discipline terminated 1. Caution or fine for the behavior rules of discipline that forces the school level studies: a) caution or a fine from 200,000 to 500,000 Dong Dong when breaches from 1 to 2;
b) fine from 500,000 to 1,000,000 copper copper when the strike from 3 to 5 people;
c) fine from 1,000,000 to 2,000,000 copper copper when breaches from 6 to 10 people;
d) fine copper bronze 3,000,000 to 2,000,000 transgressions against 11 people from school.
2. remedial measures forced the cancellation of the wrong decision, restored the rights of a student for violation of the provisions in paragraph 1 of this article.
Article 23. Violating regulations on vocational counselling activities 1. A fine from 5,000,000 to copper copper 2,000,000 for violations of regulations on vocational counselling activities: a) organize vocational counselling activities when not yet registered with the competent authorities;

b) does not inform the certification body registration vocational advice when changing headquarters or open more branches of the base within the province, city or non-registration of vocational counselling activity when moving the base's headquarters to advise the , other central cities.
2. additional sanctions deprived of the right to use the registered certificate vocational consulting activities have duration from 3 to 6 months for violations specified in point b of paragraph 1 of this article.
3. the remedial measures Required to terminate the operation of vocational counselling for violations of the provisions of art. 1 of this article.
Article 24. Violation of operation rules on vocational quality accreditation 1. Caution for falsely reporting the behavior standards, conditions for granting cards in vocational quality accreditation.
2. A fine from 200,000 to 1,000,000 VND VND for one of the following violations: a) untrue reports to be engaged in vocational quality accreditation Group;
b) does not return the card in vocational quality accreditation when it had decided to revoke the accreditation card.
3. A fine of 2,000,000 to 5,000,000 đồng VND from for one of the following violations: a) for rent, lend or let other people use your name and your accreditation card;
b) reveal information about audit results when not allowed to publish;
c) false report the condition to be conduct vocational testing, vocational programs;
d) does not return a certificate of vocational quality accreditation or accreditation certificate vocational program when the competent authority has decided to withdraw.
4. A fine of 5,000,000 VND to 10,000,000 VND for the following violations: a) use fake certificates of vocational quality accreditation and quality control certificate career programs;
b) false alerts on mass media about the quality of vocational and career programs;
c) falsify the content self report vocational quality accreditation of vocational;
d) falsifying results in vocational quality accreditation of vocational quality accreditation.
5. additional sanctions a) deprived of the right to use the card in vocational quality accreditation is not time limit for violations of the provisions of paragraph 1; point b paragraph 2; points a, b, paragraph 3; c, d, paragraph 4 of this Article.
b) deprived of the right to use the license or certificate vocational program auditing indefinitely for violations specified in point d of paragraph 3, art. 4 this.
6. remedial measures forced revised information on the mass media for violations at the point b paragraph 4 of this Article.
Article 25. Breach of rules on reporting in the field of vocational training 1. A fine from 5,000,000 VND 2,000,000 VND to report behavior for slow from 15 days to 30 days compared to the prescribed time limit.
2. A fine of 5,000,000 VND to 10,000,000 VND for the slow reporting behavior from 30 days or more than the specified time limit.
3. A fine from 10,000,000 to 15,000,000 Board Council for falsely reporting behavior.
Chapter III jurisdiction, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS Item 1 Article 26 SANCTIONS AUTHORITY. The authority sanctioning administrative violations in the field of vocational education of the people's Committee Chairman at district level, the 1. Chairman of the district people's Committee, district, town, city in the province (hereinafter referred to as district level) has the right to administrative sanctions for organizations, individuals in the scope of management of the district level when the violation of the provisions of chapter II of this decree with the forms, the following measures: a) caution;
b) a fine of up to 30,000,000 VND;
c) applying additional sanctions prescribed in clause 2 article 7 of this Decree;
DD) apply remedial measures prescribed in paragraph 3 article 7 of this Decree.
2. The Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) has the right to sanction for organizations, individuals in the scope of provincial management when violation of the provisions of chapter II of this decree with the forms, the following measures: a) caution;
b) to the maximum fine for each violation of the provisions of chapter II of this Decree;
c) applying additional sanctions prescribed in clause 2 article 7 of this Decree;
d) apply remedial measures prescribed in paragraph 3 article 7 of this Decree and other remedial measures according to the authority.
Article 27. The authority sanctioning administrative violations in the field of vocational training on specialized vocational inspection 1. Vocational training inspectors are on duty have the right punishment for administrative violations specified in chapter II of this decree with the forms, the following measures: a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, the means used to administrative violations in the field of vocational training worth up to 2,000,000;
d) apply remedial measures prescribed in paragraph 3 article 7 of this Decree.
2. The Chief Inspector of the Department of labor, invalids and Social Affairs has the right to sanction for administrative violations specified in chapter II of this decree with the forms, the following measures: a) caution;
b) a fine of up to 30,000,000 VND;
c) applying additional sanctions prescribed in clause 2 article 7 of this Decree;
d) apply remedial measures prescribed in paragraph 3 article 7 of this Decree.
3. The Chief Inspector of the Ministry of labor, invalids and Social Affairs, the Chief Justice Inspector of the General Department of vocational training has the right to sanction for administrative violations specified in chapter II of this decree with the forms, the following measures: a) caution;
b) impose a fine to a maximum corresponding to each violation of the provisions of chapter II of this Decree;
c) applying additional sanctions prescribed in clause 2 article 7 of this Decree;
d) apply remedial measures prescribed in paragraph 3 article 7 of this Decree.
Article 28. Authorised sanctioning administrative violations in the field of vocational training in case the authority sanctioning administrative violations in the field of vocational training the provisions of article 26 and article 27 paragraph 3, clause 2 of this Decree, the absence is authorized to grant associate. The authorization must be made in writing. Deputies are authorized to bear the responsibility for his decision to grant Chief and before the law.
Article 29. Principle of determining the jurisdiction of sanctioning administrative violations in the field of vocational training 1. For administrative violations in the field of vocational competence in handling of the many, many state regulators, the sanctioning bodies or by accepting the first made.
2. The Authority sanction of those prescribed in article 26 and article 27 of the decree is the authority for an administrative violation. In the case of a fine, sanction authority is determined based on the maximum level of penalty framework prescribed for each specific violations.
3. Individual cases, holding at the same time several violations of the administrative authority to sanction is determined according to the principles specified in paragraph 3 Article 42 of the Ordinance on handling administrative violations.
4. in case it deems violation of laws on vocational criminal signs, they must transfer the right profile for the Agency to have jurisdiction under the provisions of article 62 of the Ordinance on handling administrative violations.
Section 2 article 30 SANCTIONS PROCEDURES. Procedure for sanctioning of administrative violations in the field of vocational training 1. The preparation of the minutes, decisions are subject to the sanctions provided for in articles 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 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.
2. The fine, fine and fine management regime implemented as specified in articles 26, 27 and 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 establishment decision, decided to allow establishment, registration certificates 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 Ordinance amending and supplementing 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 vocational training 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.
Article 31. The decision sanctioning administrative violations in the field of vocational training 1. Within ten days from the date of establishment, the person has the authority to sanction decisions; If there is more complicated then the deadline on may last but not be too thirty days. The form and content of the sanction decisions made according to the provisions in paragraph 3 Article 56 of the Ordinance on handling administrative violations.
2. Decide on sanctions in effect since the date of signing, unless otherwise specified sanctions decision in the effective date.
Article 32. Executive decision sanctioning administrative violations in the field of vocational

1. Individuals, organized administrative violations in the field of vocational training must accept the punishment decision issued within 10 days from the date of delivery of the decision to sanction, except where the provisions of 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.
2. Individuals, organized administrative violations in the field of vocational training does not voluntarily accept the coercive enforcement of the Act. Individuals, organized sexual must bear all expenses for organizing the implementation of coercive measures. Coercive enforcement procedure set forth in article 66 and article 67 of the Ordinance on handling administrative violations.
Chapter IV COMPLAINTS, accusations and HANDLE breach of article 33. Complaints, accusations and complaints, report 1. Individuals, organizations or their legal representatives have the right to appeal against the sanction decision, decided to adopt measures to prevent and sanction secured administrative violations in the field of vocational training of the competent person specified in articles 26, 27 and 28 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 and denunciation. The complainant decided to sanction violation does not make suspension of enforcement of the decision sanctioning administrative violations in the field of vocational training.
2. The individual has the right to report to the competent State agencies of administrative violations in the field of vocational training of individuals and organizations; denouncing the violations of the law in handling administrative violations in the field of vocational training of persons competent to sanction. The authority, the time limit and procedure for resolving accusations under the provisions of the law on complaints and denunciation.
Article 34. Handling breaches authority sanctioning administrative violations in the field of vocational training authority sanctioning administrative violations in the field of vocational behavior, tolerate, cover, not processed or not processed in time, does not properly handle beyond the jurisdiction rules depending on the nature that infringement levels, being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 35. Handle violation against the sanctioned administrative violations in the field of vocational training the person sanctioned administration in vocational fields if there are acts against the person on duty, postpone, evade the executor or other violations, then depending on the nature and extent of the violation which dealt with administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter V PROVISIONS Enacted 36. Effect 1. The Decree has effect from 1 March 2010.
2. This Decree replaces Decree No. 73/2006/ND-CP DATED 31 July 2006 the provisions on sanctioning administrative violations in the field of vocational training.
3. The provisions on sanctioning administrative violations in the field of vocational contrary to this Decree are repealed.
Article 37. Responsibilities and enforcement the Minister of labor, invalids and Social Affairs is responsible for guiding the implementation of this Decree.
The 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.