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Decree 49/2005/nd-Cp: About Sanctioning Administrative Violations In The Field Of Education

Original Language Title: Nghị định 49/2005/NĐ-CP: Về xử phạt vi phạm hành chính trong lĩnh vực giáo dục

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The DECREE of the Government 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 in March 1998;
Basing the Ordinance on administrative violations processing 2 July 2002;
According to the recommendation of the Minister of education and training, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations in the field of education (vocational areas not in scope of this Decree), sanctions, fines, authority to sanction, sanction procedures and remedial measures.
2. Administrative violations in the field of education are the violations of the provisions of the State management in the field of education by the individual, the Organization implemented a way to intentionally or unintentionally not that crime and under the provisions of the Ordinance on handling administrative violations and this Decree are sanctioned administrative offense.
3. The administrative violations of education are defined in the Decree of the Government (hereafter referred to as the relevant decree) shall apply the provisions of the Decree.
Article 2. Application object 1. Individuals, Vietnam had organized administrative violations in the field of education are sanctioned according to the provisions of this Decree and the related Decree.
2. Individuals, foreign institutions have administrative violations in the field of education in Vietnam are sanctioned as individuals, Vietnam organization according to the provisions of this Decree and the related Decree, except in the case of international treaties to which the Socialist Republic of Vietnam signed or joined otherwise.
3. Individuals are minors have administrative violations in the field of education then dealt with according to the provisions of paragraph 1 and paragraph 3 article 7 of Ordinance on handling administrative violations.
Article 3. Sanction guidelines 1. All administrative violations in the field of education must be detected promptly and must be suspended immediately.
The handling of administrative violations in the field of education must be conducted justly, promptly, thoroughly; any consequences due to administrative violations must be fixed in accordance with the provisions of the law.
2. Individuals, organizations only sanctioned administrative violations in the field of education when there are violations of the provisions of this Decree and the Decree of the Government regulation on sanctioning administrative violations are concerned.
3. An administrative violations in the field of education only sanctioned administrative offense.
A person, an organization that performs many of the administrative violations in the field of education, the sanctioned about each violation.
Many, many organizations implement an administrative violations in the field of education, each person, each organization violated are sanctioned.
4. The sanctioning administrative violations in the field of education are based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravation to decide the form and appropriate disposal measures.
5. Not sanctioning administrative violations in the field of education in the case in a situation of legitimate defence, urgent, unexpected events or administrative violations of the individual mental disease or other diseases that have lost the 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 education is one year from the date of the administrative violations are made; for administrative violations in the field of education is related to the intellectual, financial, construction, environment, housing, land, publish, export, import, exit, entry or administrative violations are acts of smuggling, fake goods production and trafficking, the duration is two years; If the time is not sanctions, but still apply remedial measures 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 the suspension of the case which have sign violations administrative violations in the field of education, the sanctioned administrative offense; within three days from the date of the decision to suspend the investigation, to suspend the case who has the decision to send the decision to the person who has the authority to sanction; in this case, time sanctioning administrative violations is three months from the date of the receiving authority decides 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 education or willfully evading, obstructing the sanctions do not apply time limits specified in paragraph 1, item 2 of this Article. Time sanctioning administrative violations were counted back from the time of implementation of new administrative violations or since the time of the termination behaviour 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 education if over one year from the date of decision done executive sanction from either the most effective sanction decisions without re-offending is regarded as not yet sanctioned administrative violations in the field of education.
Article 7. Sanctions and remedial measures 1. For each administrative violations in the field of education, individuals, organizations suffer a breach in the sanctions: a) caution;
b) fine.
When applying shape, level specific fines for administrative violations is the average of the frame of the fines prescribed for that behavior. If violations have extenuating circumstances as defined in article 8 Ordinance handling administrative violations, the fines can be reduced to lower than average but not below the minimum level of the frame fine; If violations are aggravating as specified in article 9 Ordinance handling administrative violations, the fines could rise higher than average 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 education could be applied one or the additional sanctions: a) deprived of the right to use the form, license, certificate of practice has no time limit or time limit for individuals serious infringement organization, terms of use, the license, the certificate of practice;
b) confiscated exhibits, the means used to administrative violations;
c) deportation if the alien is violated.
3. In addition to the sanctions provided for in paragraph 1, item 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 test or exam again dots;
d) enforce teaching, practice guidelines, additional practice enough, the content, the program as prescribed; document supply, equipment in accordance with the approved plans;

DD) forced the cancellation of the wrong decision, contrary to the rules of the competent authority;
e) Forced to restore academic rights, legitimate interests, the result of properly, guarantee the right of the person who used the degree, certificate;
g) Forced to refund the tuition amount currency and bear all costs the Organization refunded due to administrative violations cause;
h) Forced to revoke the qualification, the certificate was granted illegally;
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.
CHAPTER II the ADMINISTRATIVE VIOLATIONS in the FIELD of education, SANCTIONS and SANCTIONS article 8. Violation of established institutions and organized educational activities 1. A fine from 1.000.000 VND to 2 million contract for breach of decision established, professional licenses, but does not report to the competent authorities.
2. A fine of from 5 million to 10 million dong VND for one of the acts: erasing, fix, additional content, buy, sell, assign, rent, lease, loan, loan establishment, license, certificate of practice contrary to the provisions of the law.
3. Fines for acts established the institution as the unauthorized fines: a VND 5 million to 10 million) from the Council for the establishment of behavior basis, universal preschool education;
b) From 10 million dong to 20 million VND for acts established secondary institutions professional, continuing education center, language Center, Center;
c) From 20 million to 40 million dong VND for college training facility;
d) From 60 million to 100 million dong VND for university training facility, after the University.
4. Fine for open independent classroom behavior to teach according to the preschool education programs, common, vocational, college preparatory, University entrance exams, training colleges, universities and graduate students that are not yet competent authorities allow or allow acts of wrong jurisdiction according to the following penalties : a VND 200,000 to 500,000) from the Council for the preschool class;
b) From 500,000 Dong to 1.000.000 VND for the universal class;
c) From copper to copper 2 million 1.000.000 for secondary professional training, University preparation, University entrance exams;
2 million to 5 million copper From d) contract for training courses, postgraduate University.
6. additional sanctions and remedial measures for the acts specified in this: a) confiscated exhibits for the acts mentioned in clause 2 of this Thing;
b) Forced to return to the school the amount collected and bear all costs the Organization reimbursed for the acts referred to in paragraph 3, paragraph 4 of this Article.
Article 9. Violation of regulations on the operation of the institution 1. Fines for the behavior does not accept the decision of the competent authorities regarding the suspension or dissolution; operating out of a defined period of the license; manually deactivated when not yet competent to inflict damage for learners according to the following penalties: a VND 3 million to 5 million) from the same institution for preschool, universal;
5 million to 10 million dong From b) Council for the training of professional high school, continuing education center, language Center, Center;
c) From 15 million to 30 million đồng VND for college training facility;
d) From 40 million to 60 million đồng VND for university training facility, after the University.
2. A fine of from 5 million to 10 million dong VND for behavior training and certification rules of law.
3. A fine of 20 million to 30 million đồng VND for one of the following violations: a) training and issuing of the national education system too is beyond the authority is delegated;
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 violation referred to in paragraph 1 and to revoke the qualification, the certificate was granted permission for the breach referred to in clause 2 , paragraph 3 of this article;
b) Forced to restore the lost learning rights of learners due to violations of the provisions of paragraph 1 of this article caused by the decision of the competent authority.
Article 10. Violate the rules of the program, content and educational plans 1. Caution or fine for insufficient number of teaching behavior or content knowledge (the forth computer language) courses as specified by the competent authority with regard to primary education, secondary, College, University and graduate according to the following penalties: a) caution for breach under 5 class a class in a school year;
b) fined from 200,000 to 500,000 Dong Dong for violation of from 5 to 10 lessons per grade in a school year;
c) fine from 500,000 Dong to 1.000.000 VND for the violation from 11 to 15 lessons per grade in a school year;
d) fine from 1.000.000 VND to 2 million VND for violation of from 16 to 20 classes a class in a school year;
2 million fine copper) to 3 million contract for the violation from 21 lessons over a class in a school year.
2. Fines for acts teaching or dissemination of the content is not in the curriculum, textbooks, curriculum has rules intended to misrepresent the content of education (but not yet to the level of prejudice to criminal liability) according to the following penalties: a VND to 1.000.000 VND 500,000) for the first offense;
b 1.000.000 VND to 2 million dong) for a second offense.
3. additional sanctions for violation of the provisions of this Article: a) confiscated exhibits for violation of the provisions in paragraph 2 of this Article;
b) deported if the individual violates is alien for the acts specified in paragraph 2 of this Article;
c) Deprived the right to use the term if breached first time or indefinitely if it permits, certificate of practice with respect to the acts specified in paragraph 2 of this Article.
4. remedial measures for violation of the provisions of this Article: a) forced the suspension of teaching, educational activities of individuals violating for the acts specified in paragraph 2 of this Article;
b) enforce additional number and missing content for violation of the provisions in paragraph 1 of this article.
Article 11. Violation of regulations on the subject, criteria, norms and enrolment authority 1. Caution or a fine from 200,000 to 300,000 Dong Dong for perjury or acts of abetting the perjury admission record to be admitted.
2. Fines for the behavior of student enrolment in tertiary school levels wrong object, the standards prescribed by the competent authority with the following penalties: a) a fine of 300. 000 until 500,000 VND for the wrong team offense under 3 students;
b) fine from 1.000.000 VND to 2 million VND for the wrong team offense from 3 to 5 students;
c) fine from 2 million to 3 million dong VND for the wrong team violations from 6 to 10 students;
d a fine of 3 million dong) to 5 million VND for the wrong team offense from 11 to 15 students;
5 million fine) until 10. bronze for violating 000.000. recruited the wrong students 16 and older.
3. Warnings or fines for the behavior of admissions to secondary professional training in excess of the target amount, wrong or standard object as specified by the competent authority with the following penalties: a) caution for recruitment violations exceeded the under 5% of the target number of students Affairs;

b) fined from 200,000 to 500,000 Dong Dong for violating recruiting in excess of 5% to below 10% of the target number of admissions or recruiting under 10 who don't object, standard;
c) fine from 1.000.000 VND to 2 million VND for violating recruiting in excess of from 10% to under 15% target enrollment numbers be assigned or recruited from 10 to 20 people, not academic standards;
d a fine of 3 million dong) to 5 million VND for recruiting violations in excess from 15% to 20% of the target number of admissions or recruiting from 21 to 30 who don't object, standard;
DD) fine to 10 million dong VND 6 million for recruiting violations in excess of 20% of the target number of admissions or recruiting from 31 school not true objects, standard.
4. Fines for the behavior of admissions to training colleges, universities and graduate students in excess of the target amount, wrong or standard object as specified by the competent authority with the following penalties: a VND to 2 million fine) 5 million dong for recruitment violations exceeded the under 5% of the target number of students Affairs;
b) fine from 5 million to 10 million dong VND for recruiting violations in excess of 5% to below 10% of the target number of admissions or recruiting under 10 who don't object, standard;
c) a fine of 10 million dong to 20 million VND for violating recruiting in excess of from 10% to under 15% target enrollment numbers be assigned or recruited from 10 to 20 people, not academic standards;
d) fine from 20 million to 40 million dong VND for recruiting violations in excess from 15% to 20% of the target number of admissions or recruiting from 21 to 30 who don't object, standard;
DD) a fine of 40 million to 60 million đồng VND for violating team exceed the 20% target on the number of admissions or recruiting from 31 school not true objects, standard.
5. Fines for the behavior of admissions to training and qualification level of the national education system in the wrong jurisdiction to be assigned to the following penalties: a VND to 5 million fine) 10 million contract for the recruitment behavior (in all forms) when the competent authority has not yet been allowed;
b) fine from 10 million to 20 million dong VND for the behavior profile acquisition, examination, or admission, summoned contestants when the competent authority has not yet been delivered.
6. Fines for violations of State regulations on the 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 and University, after the College with the following penalties : a VND 5 million to 10 million) from the Council for violating the wrong team from 1 to 5;
b) From 10 million dong to 20 million VND for the wrong team violations from 6 to 10 people;
c) From 20 million to 30 million đồng VND for the wrong team offense from 11 to 15;
d) From 30 million to 40 million dong VND for the wrong team offense from 16 to 20 people;
DD) From 40 million to 50 million dong VND for the wrong team offense from 21 to 25;
e 50 million dong to 60 million) from the Council 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 license, certificate of practice has a time limit if the first violation and indefinitely if it 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 returning the behavior for item 2, clause 3, clause 4, clause 5 and clause 6 of this Article.
Article 12. Violating the rules of examination on the basis of education and examinations for the degree level of the national education system 1. A fine from 1.000.000 VND to 2 million VND for disruptive behavior or threaten the use of force to prevent the contest Manager, exam, examination, exam service mission.
2. A fine of 2 million to 4 million dong VND for acts of violence prevented the Manager exam, exam, examination, considered serving contest performing the task.
3. A fine of 4 million to 6 million dong VND for one of the following behaviors: 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) Do reveal secrets of sawn timber.
4. A fine of 6 million to 10 million dong VND for guest behavior test switch or abetting another person's test the switch hitting contest is not properly regulated by the competent authority.
5. A fine from 1,500,000 VND to 3 million contract for one of the violations of the regulation: a) decided to set up the apparatus, assigned tasks to the officers left with the regulation apply for the exam;
b) losing or damaging the test dotted to be the test that;
c the dot entrance exam) examinations, not correct answers, scale;
d) set up false transcripts with results of test dotted.
6. A fine of 4 million to 6 million dong VND for writing behavior more or fix the content of the exam participants followed the rules.
7. A fine of 10 million dong to 20 million contract for breach exposing secrets or take exams (but not yet to the level of prejudice to criminal liability).
8. additional sanctions for violation of the provisions of this Article: confiscate the exhibits, the means used made violations of the provisions of paragraph 3, clause 4, clause 6 and clause 7 of this.
9. Remedies for breach of the provisions of this Article: a) Forced to restore the original state has been changed due to violations of the provisions of paragraph 4, point d of paragraph 5 and paragraph 6 of this cause;
b) forced the cancellation of the results of the violation (if the contestants) for acts specified in paragraph 1, item 2 and the contestant's benefit for the acts specified in clause 3, clause 4, clause 6, clause 7 of this;
c) forced the test back to dot for violations specified in point c paragraph 5 of this Article.
Article 13. Violation of regulations on the assessment of learners within educational establishments, vocational and higher education 1. Caution or fine for the behavior does not fulfill the regulations of the competent bodies of the dot post, reviews, classified study results affect the outcome of subjects, semester, school year of the school according to the following penalties: a) caution or a fine from 100,000 to 200,000 Council Council for violations in education;
b) fined 300,000 VND VND 500,000 came from for violations in professional secondary education;
c) a fine of 600,000 Dong to 1.000.000 VND for violations in university education.
2. Remedies for breach of the provisions of this Article: Forced to restore the results of reviews, rating the right learning the reality of the learner for violations of the provisions of paragraph 1 of this article.
Article 14. Violating regulations on management, allocate, use the diploma, a certificate of the national education system 1. Caution or a fine from 200,000 to 500,000 Dong Dong for one of the following behaviors:

a) does not make the responsibilities allocated, certified copies or confirm the legality of the qualification, the certificate was granted;
b) issuing certificate has the wrong content, interfere with the users.
2. A fine of from 500,000 Dong to 1.000.000 VND for the behavior using the degree certificate, not legal.
3. A fine from 1.000.000 VND to 2 million contract for one of the following behaviors: a) is not set or set to incomplete records prescribed as a basis to allocate, manage certificates, diplomas;
b) endorse false or falsified records led to the granting of degrees, certificates for non-eligible.
4. A fine of 2 million to 3 million dong VND for one of the following behaviors: a) the decision or proposed decision authorized unauthorized certificate;
b) destroying or falsifying records, the documents used as a basis to allocate or confirm the legality of the certificate (but not yet to the level of prejudice to criminal liability).
5. A fine of 4 million to 5 million dong VND for one of the following behaviors: a) the decision or proposed decision by the authorized issuing illegal;
b) destroying or falsifying records, the documents used as a basis to allocate or confirm the legitimacy of degree (but not yet to the level of prejudice to criminal liability).
6. additional sanctions for violation of the provisions of this Article: the right to use the license, certificate of practice has a time limit if the second violation and indefinitely if it continues for violations of the provisions of paragraph 3, paragraph 4 of this Article.
7. Remedies for breach of the provisions of this Article: a) the revocation of a certificate, qualification for violations specified in point b of paragraph 1, paragraph 2, point b paragraph 3, art. 4 and art. 5 of this Article;
b) Forced to restore the legitimate rights and interests of the user certificate, qualification for the acts specified in paragraph 1 of this article.
Article 15. Violation of regulations on the use of teachers 1. Fines for unauthorized use of unqualified teachers rules according to the following penalties: a) caution for teacher use unqualified nursery;
b) fine from 1.000.000 VND to 2 million contract for the use of the popular teachers not qualified;
c) fine from 3 million to 4 million dong VND for unauthorized use of professional teachers, regular education center, language Center, information center not qualified;
d) fine from 5 million to 10 million dong VND for unauthorized use of college faculty are not eligible;
DD) fine from 11 million to 15 million dong VND for unauthorized use of a university lecturer, graduate students are not eligible.
2. Remedies for violations specified in this: Forcing suspension of teaching, educational activities for the unqualified teachers are using the stated in the acts specified in paragraph 1 of this article.
Article 16. Violating regulations on ensuring the rate of teachers, the teaching personnel in the institution to a fine for violations of the regulations of the competent agencies on ensuring the rate of teachers, the teaching personnel on the total number of teachers, teaching staff in educational institutions with the following penalties : a VND to 2 million fine) 5 million dong for violations in the levels, steps;
b) fine from 5 million to 10 million dong VND for violations in educational institutions of secondary professional, continuing education center, language Center, Center;
c) a fine of 10 million to 15 million dong VND for violations in training colleges;
d a fine of 15 million dong) to 20 million VND for violations at Campus University, postgraduate.
Article 17. Violating regulations on management of user profile 1. Warnings or fines for irresponsible behavior in management to occur the corrected transcript, votes or materials points relevant to the assessment of the learning outcomes of learners wrong regulation, resulting with the following penalties: a) caution or a fine from 100,000 to 200,000 Council Board for violation of from 1 to 2 cases learning;
b) fined 300,000 VND VND 500,000 came from for the strike from 3 to 5 cases;
c) From 600,000 VND to 1.000.000 VND for the violation from 6 cases or more.
2. A fine of 2 million to 5 million dong VND for acts not set or set to incomplete records management the school under the provisions of the Charter School.
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.
Article 18. Violation of regulations on the use of textbooks, educational materials and supplies, use rack 1. A fine from 1.000.000 VND to 5 million VND for the behavior decision-making rules to purchase, receive gifts, used textbooks, educational materials and educational equipment does not guarantee the quality, bad influence to the teaching, learning.
2. A fine of 15 million dong to Dong 10.000.0000 for transport and release behavior of textbooks, materials and equipment the wrong education schemes by the competent regulatory authority.
3. Remedies for breach of the provisions of this Article: a) the Forced taken out of Vietnam territory or forced back the textbooks, materials, educational equipment have entered illegally due to violations of the provisions in clause 1 of this cause;
b) Forced to restore the original plan has been modified due to violations of the provisions in clause 2 of this cause.
Article 19. Violation of regulations regarding tuition, fees and other revenues from the learner to apply under the provisions of chapter II of Decree 104/2003/ND-CP dated 23 September 2003 of the Government regulation on sanctioning administrative violations in the field of fees.
Article 20. Violation of rules of the form the discipline terminated 1. Caution or fine for disciplinary behavior forced the learner studies wrong regulation with the following penalties: a) caution or a fine from 200,000 to 500,000 Dong Dong for violation of from 1 to 2;
b) fine from 500,000 Dong to 1.000.000 VND when breaches from 3 to 5 people;
c) fine from 1.000.000 VND to 2 million VND for the violation from 6 to 10 people;
d) fine from 2 million to 3 million dong VND for the violation from 11 people to school.
2. Remedies for breach of the provisions of this Article: Forcing annulment of the wrong decision and restore the rights of study participants for the acts specified in paragraph 1 of this article.
Article 21. Violation of regulations of universal education 1. Caution or a fine from 50,000 to 100,000 Dong Dong for acts impedes the student's attendance levels, universal degrees.
2. A fine from 100,000 to 200,000 Dong Dong for fomenting acts do not go to school or skip school for students granted, universal degrees.
CHAPTER III JURISDICTION and procedure SANCTIONS Article 22. The authority sanctioning administrative violations in the field of education of the people's Committee Chairman level 1. Chairman of people's Committee of the communes, wards and towns has the right to sanction according to the provisions of article 28 Ordinance handling administrative violations for administrative violations in the field of education stipulated in chapter II of this Decree on the area and the management authority.

2. The Chairman of the district people's Committee, district, town, city in the province has the right to sanction prescribed in article 29 Ordinance handling administrative violations for administrative violations in the field of education stipulated in chapter II of this Decree on the area and the management authority.
3. The Chairman of the provincial people's Committee, central cities have the right to sanction prescribed in article 30 Ordinance handling administrative violations for administrative violations in the field of education stipulated in chapter II of this Decree on the area and the management authority.
Article 23. The authority sanctioning administrative violations of educational inspection 1. Education inspectors are on duty have the right to have the right to sanction prescribed in clause 1 Article 38 Ordinance on handling administrative violations for administrative violations in the field of education stipulated in chapter II of this Decree.
2. The Chief Inspector of education and training to the provinces, central cities have the right to sanction prescribed in item 2 Article 38 Ordinance on handling administrative violations for administrative violations in the field of education stipulated in chapter II of this Decree.
3. The Chief Inspector of the Ministry of education and training has the right to sanction prescribed in paragraph 3 Article 38 Ordinance on handling administrative violations for administrative violations in the field of education stipulated in chapter II of this Decree.
Article 24. Mandate sanctioning administrative violations in the field of education in case the authority sanctioning administrative violations in the field of education stipulated in article 22 and paragraph 2, Article 23, paragraph 3 of this Decree, absent the authorization made under the provisions of article 14 of Decree 135/2003/ND-CP on November 14, 2003 detailing the Government's contest a number of articles of the Ordinance on handling administrative violations.
Article 25. Principle of determining the jurisdiction of sanctioning administrative violations in the field of education 1. Chairman of people's Committee of the authority handling administrative violations in the field of education in their local jurisdiction specified in articles 28, 29, 30 the Ordinance on handling administrative violations.
2. the education inspector have the right sanctioning administrative violations in the field of education according to the provisions of article 38 Ordinance on handling administrative violations.
Cases of violations in excess of authority of the Chief Inspector of education and training, the transfer of records breached to the people's Committee Chairman granted the handle according to the authority.
3. Individual cases, holding at the same time many administrative violations, including violations in the field of education the authority to sanction is determined according to the principles specified in paragraph 3 Article 42 Ordinance handling administrative violations.
4. Authority to expel foreigners personal administrative violations in the field of education are carried out according to the provisions in clause 1 article 17 of Decree 21/2001/ND-CP dated May 28, 2001 detailing the Government's enforcement of the Ordinance on entry, exit, residence of foreigners in Vietnam.
5. in case when found violations of the law on education of crime marks must then transfer the right profile for the Agency to have jurisdiction under the provisions of article 62 Ordinance on handling administrative violations.
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 in articles 19, 20 and 21 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
2. The fines and penalties are subject to the procedure provided for in article 24 and article 25 of Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
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, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
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 31 of Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
Article 27. Executive decision sanctioning administrative violations in the field of education 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, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
2. Individuals, organized administrative violations in the field of education that the Executive is not voluntarily comply. 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 28. Complaints, accusations and complaints, report 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 and denunciation. The appeal decision sanctioning administrative violations do not suspend enforcement of the decision on sanctioning administrative violations in the field of education.
2. The individual has the right to report to the competent State Agency acts against the law in handling administrative violations in the field of education authorized sanctions. Procedures for complaints, accusations and complaints, accusations under the provisions of article 118 of the Ordinance on handling administrative violations.
Article 29. Handling breaches authority sanctioning administrative violations in the field of education authority sanctioning administrative violations in the field of education that harassment, tolerate, cover, not processed or not processed in a timely manner, properly handled, not exceeding the prescribed authority shall be dealt with according to the provisions of article 121 of the Ordinance on handling administrative violations the main.
Article 30. Handle violation against the sanctioned administrative violations in the field of education Who sanctioned administrative violations in the field of education if there are acts against the person on duty, postpone, evade the executor or other violations shall be dealt with according to the provisions of article 122 of the Ordinance on handling administrative violations.
Chapter V PROVISIONS Enacted 31. Effective enforcement of this Decree takes effect after 15 days from the date The report.
Repeal the provisions sanctioning administrative violations in the field of education stipulated in Decree No. 21/2001/ND-CP dated 10 May 2001 regulating the establishment and operation of cultural institutions, foreign education in Vietnam and other provisions contrary to the provisions of this Decree.
Article 32. Responsibilities and enforcement the Minister of education and training within the scope of the functions, duties, his powers have a responsibility to guide and organize the implementation of this Decree.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.