Nghị định 127/2021/NĐ-CP sửa đổi Nghị định 04/2021/NĐ-CP xử phạt hành chính giáo dục mới nhất

THE GOVERNMENT OF VIETNAM
——-

THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.: 127/2021/ND-CP

Hanoi, December 30, 2021

 

DECREE

 AMENDMENTS TO
GOVERNMENT’S DECREE NO. 04/2021/ND-CP DATED JANUARY 22, 2021 PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON EDUCATION

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

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

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

Pursuant to the Law on Higher Education dated
June 18, 2012 and the Law on amendments to the Law on Higher Education dated
November 19, 2018;

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

At the request of the Minister of Education and
Training of Vietnam;

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Article 1.
Amendments to Government’s Decree No. 04/2021/ND-CP dated January 22, 2021

1. Some Clauses of
Article 3 are amended as follows:

a) Point a Clause 3
Article 3 is amended as follows:

“a) The maximum fine
for a violation in education field imposed upon an individual is VND
75.000.000; that imposed upon an organization is VND 150.000.000;”.

b) Clause 4 is added
following Clause 3 Article 3 as follows:

“4. Penalties for an
administrative violation shall be imposed once only.

If multiple entities
commit the same administrative violation, penalties shall be imposed separately
upon each of such violating entities.”.

2.
Article 3a is added following Article
3 as follows:

“Article 3a.
Prescriptive period

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2. Determination of
prescriptive period:

a) The prescriptive
period of a completed administrative violation prescribed in Clause 3 of this
Article begins at the time of completion of that violation;

b) The prescriptive
period of an ongoing administrative violation prescribed in Clause 4 of this
Article begins when that violation is detected by a competent law enforcement
officer;

c) The prescriptive
period of an administrative violation transferred from an officer competent to
record that administrative violation by the time of issuance of the penalty
imposition decision shall be determined in accordance with the provisions of
Clause 1 of this Article and Points a, b of this Clause.

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

3. Some Points of
Clause 3 Article 5 are amended as follows:

a) Point dd Clause 3
Article 5 is amended as follows:

“dd) A fine ranging
from VND 60.000.000 to VND 90.000.000 shall be imposed if the violation
involves a college providing teacher training programs;”;

b) Point e Clause 3
Article 5 is amended as follows:

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4. Some Points of
Clause 5 Article 6 are amended as follows:

a) Point d Clause 5
Article 6 is amended as follows:

“d) A fine ranging
from VND 60.000.000 to VND 90.000.000 shall be imposed if the violation
involves a college providing teacher training programs;”;

b) Point dd Clause 5
Article 6 is amended as follows:

“dd) A fine ranging
from VND 110.000.000 to VND 150.000.000 shall be imposed if the violation
involves a higher education institution, academy or institute providing
doctoral training programs.”.

5.
Point a Clause 2 Article 7 is amended
as follows:

“a) Failing to
promulgate or implement adequate documents within the jurisdiction of
educational institutions as prescribed by law;”.

6. Some Clauses of
Article 9 are amended as follows:

a) Point c Clause 3
Article 9 is amended as follows:

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b) Point c Clause 4
Article 9 is amended as follows:

“c) A fine ranging
from VND 110.000.000 to VND 150.000.000 shall be imposed if the violation
involves 10 learners or more.”.

7.
Heading of Clause 4 Article 19 is
amended as follows:

“4. A fine ranging
from VND 80.000.000 to VND 110.000.000 shall be imposed for commission of one
of the following violations:”.

8.
Clause 3 Article 20 is amended as
follows:

“3. A fine ranging
from VND 80.000.000 to VND 110.000.000 shall be imposed for issuing
certificates before obtaining a decision issued by the authority competent to
approve cooperation in organization of examination for issuance of certificates
of foreign language proficiency.”.

9.
Point c Clause 1 Article 35 is
amended as follows:

“c) Persons of the
People’s Public Security forces who are performing their tasks in education
field.”.

10. Some Clauses of
Article 36 are amended as follows:

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

b) Point b Clause 2
Article 36 is amended as follows:

“b) Impose a fine up
to VND 75.000.000;”;

c) Point d Clause 2
Article 36 is amended as follows:

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

d) Point b Clause 3
Article 36 is amended as follows:

“b) Impose a fine up
to VND 150.000.000;”;

11. Some Clauses of
Article 37 are amended as follows:

a) Point c Clause 1
Article 37 is amended as follows:

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b) Point b Clause 2
Article 37 is amended as follows:

“b) Impose a fine up
to VND 75.000.000;”;

c) Point d Clause 2
Article 37 is amended as follows:

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

d) Point b Clause 3
Article 37 is amended as follows:

“b) Impose a fine up
to VND 105.000.000;”;

dd) Point d Clause 3
Article 37 is amended as follows:

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

e) Point b Clause 4
Article 37 is amended as follows:

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12.
Article 38 is amended as follows:

“Article 38. Power
to impose penalties of Heads of provincial-level internal political security
divisions, Directors of provincial-level police departments, Director of
Immigration Department, Director of Internal Political Security Department

1. Heads of
provincial-level internal political security divisions shall have the power to:

a) Issue warning;

b) Impose a fine up
to VND 50.000.000;

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

d) Confiscate the
exhibits and instrumentalities for committing administrative violations worth
up to VND 50.000.000;

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

2.
Directors of Provincial-level Police
Departments shall have the power to:

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b) Impose a fine up
to VND 75.000.000;

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

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

dd) Issue
deportation decisions;

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

3.
Director of Immigration Department, Director of Internal Political
Security Department shall have the power to:

a) Issue warning;

b) Impose a fine up
to VND 150.000.000;

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

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dd) Issue
deportation decisions;

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

13.
Article 39 is amended as follows:

“Article 39.
Determination of power to impose penalties

1. Power to impose
administrative penalties of Chairpersons of people’s committees at all levels:

a) Chairpersons of
commune-level people’s committees shall have the power to impose penalties for
the administrative violations prescribed in Clause 1 Article 11, Point a Clause
3 Article 14, Point a Clause 1 Article 24, Clause 1 Article 25, Clause 1
Article 27, Article 29, Point a Clause 1 Article 31 of this Decree;

b) Chairpersons
of district-level people’s committees shall have the power to impose penalties
for the administrative violations prescribed in
Clauses 1 and 2 Article 5, Clauses 1 and 2 Article 6, Article 7, Article 8;
Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5
Article 9; Clauses 1, 2, 3 and Points a, b, c Clause 4 Article 10; Articles 11,
12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2 Article 19; Clauses 1 and 2 Article
20; Sections 6 and 7 Chapter II; Articles 30, 31; Clause 2 Article 32, Article
33; Clause 1 and Points a, b, c Clause 2 Article 34; the administrative
violations prescribed in Points a, b, c, d
Clause 3 Article 5 and Clauses 3, 4, Points a, b and c Clause 5 Article 6,
Clause 4 Article 8 of this Decree, unless the violating entities are
foreigners;

c) Chairpersons of
provincial-level people’s committees shall have the power to impose penalties
for the administrative violations prescribed in Clauses 1 and 2 Article 5,
Clauses 1 and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Article 9,
Article 10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative
violations prescribed in Clause 3 Article 5, and
Clauses 3, 4 and 5 Article 6, Clause 4 Article 8 of this Decree, unless the
violating entities are foreigners.

2. Power to impose
administrative penalties of inspectors:

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b) Heads of
specialized inspection teams established by the Ministry of Education and
Training of Vietnam shall have the power to
impose penalties for the administrative violations prescribed in Clauses 1 and
2 Article 5, Clauses 1 and 2 Article 6, Article 7; Clauses 1, 2, 3, 4 Article
8; Clauses 1 and 2, Points a and b Clause 3, Points a and b Clause 4, Clause 5
Article 9; Article 10 and Sections 3, 4 Chapter II; Articles 16, 17, 18;
Clauses 1, 2 and 3 Article 19; Clauses 1 and 2 Article 20; Sections 6, 7 and 8
Chapter II; the administrative violations prescribed in Points a, b, c, d, dd
Clause 3 Article 5 and Clauses 3, 4, Points a, b, c, d Clause 5 Article 6,
Clause 4 Article 8 of this Article, unless the violating entities are foreigners;

c) The Chief
Inspector of the Ministry of Education and Training of Vietnam shall have the power to impose penalties for the
administrative violations prescribed in Clauses 1 and 2 Article 5, Clauses 1
and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Article 9, Article
10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative violations
prescribed in Clause 3 Article 5, and Clauses 3, 4 and 5 Article 6, Clause 4
Article 8 of this Decree, unless the violating entities are foreigners.

3. Power to impose
penalties of Heads of provincial-level internal political security divisions,
Directors of provincial-level police departments, Director of Immigration
Department, and Director of Internal Political Security Department:

a) Heads of provincial-level
internal political security divisions shall have the power to impose penalties
for the administrative violations prescribed in Clauses 1 and 2 Article 5,
Clauses 1 and 2 Article 6, Article 7, Article 8; Clauses 1 and 2, Points a and
b Clause 3, Points a and b Clause 4, Clause 5 Article 9; Clauses 1, 2, 3 and
Points a, b, c Clause 4 Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18;
Clauses 1 and 2 Article 19; Clauses 1 and 2 Article 20; Sections 6 and 7
Chapter II; Articles 30, 31; Clause 2 Article 32, Article 33; Clause 1 and
Points a, b, c Clause 2 Article 34; the administrative violations prescribed in
Points a, b, c, d Clause 3 Article 5 and Clauses 3, 4, Points a, b and c Clause
5 Article 6, Clause 4 Article 8 of this Decree, unless the violating entities
are foreigners;

b) Directors of
provincial-level police departments shall have the power to impose penalties
for the administrative violations prescribed in Points a, b, c and d Clause 3
Article 5; Clauses 3, 4 and Points a, b, c Clause 5 Article 6; Clause 4 Article
8 of this Decree;

c) Director of the
Immigration Department shall have the power to impose penalties for the
administrative violations prescribed in Clause 3 Article 5, and Clauses 3, 4
and 5 Article 6, Clause 4 Article 8 of this Decree;

d) Director of the
Internal Political Security Department shall have the power to impose penalties
for the administrative violations prescribed in Clauses 1 and 2 Article 5,
Clauses 1 and 2 Article 6, Article 7, Clauses 1, 2 and 3 Article 8; Articles 9,
10; Sections 3, 4, 5, 6, 7 and 8 Chapter II; the administrative violations
prescribed in Clause 3 Article 5, and Clauses 3, 4, 5 Article 6, Clause 4
Article 8 of this Decree, unless the violating entities are foreigners.”.

Article 2.
Replacement and abrogation of some clauses, phrases in Government’s Decree No.
04/2021/ND-CP dated January 22, 2021

1.
Clause 3 Article 2 is abrogated.

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a) The phrase “trong
lĩnh vực giáo dục cấp Sở” (“in education field established by provincial
Departments”) in Clause 2 Article 37 is replaced
with the phrase “của Sở Giáo dục và Đào tạo” (“established by Provincial
Departments of Education and Training”);

b) The phrase “trong
lĩnh vực giáo dục cấp Bộ” (“in education field established by Ministries”) in Clause 3 Article 37 is replaced with the phrase
“của Bộ Giáo dục và Đào tạo” (“established by the Ministry of Education and
Training of Vietnam”).

3. The followings
are abrogated:

a) The phrase “trung
cấp,” (“intermediate-“) in Clause 2 Article 9;

b) The phrase “đối với
chương trình giáo dục của nước ngoài” (“mode when providing foreign
educational programs”) in Clause 7 Article 11;

c) The phrase
“chuyên ngành” (“majors”) in Article 12.

Article 3.
Transition

1. Penalties for the
administrative violations in education field which have been committed before
the effective date of this Decree but detected afterwards or are put under
consideration shall be imposed in accordance with the Government’s Decree No.
04/2021/ND-CP dated January 22, 2021; if this Decree does not provide for legal liability or impose less
serious legal liability on such violations, regulations of this Decree shall
prevail.

2. In case a
violating entity files a complaint against a penalty imposition decision which
has been issued or implemented before the effective date of this Decree, such
complaint shall be settled in accordance with the 2012 Law on Penalties for
Administrative Violations and the Government’s Decree No. 04/2021/ND-CP dated
January 22, 2021, and relevant regulations of law.

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This Decree comes
into force from January 01, 2022.

Article 5.
Responsibility for implementation

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

 

 

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

Vu Duc Dam