Decree No. 79 2015 ND-CP on penalties for administrative violations against regulations on vocational education

Decree No. 79 2015 ND-CP on penalties for administrative violations against regulations on vocational education tài liệu...

Trang 1

THE GOVERNMENT

Decree No 79/2015/ND-CP dated September 14, 2015 of the Government on penalties for administrative violations against regulations on vocational education

Pursuant to the Law on Government organization dated December 25, 2001; Pursuant to the Law on Actions against administrative violations dated June

20, 2012;

Pursuant to the Law on Employments dated November 16, 2013;

Pursuant to the Law on Vocational education dated November 27, 2014;

At the request of the Minister of Labor, War Invalids and Social Affairs,

The Government promulgates a Decree on penalties for administrative

violations against regulations on vocational education

Chapter I

GENERAL PROVISIONS

Article 1 Scope of adjustment

This Decree deals with violations, penalties, fines, remedial measures; the power to impose penalties against administrative violations against regulations

on vocational education; assessment and issuance of national vocational

diplomas

Article 2 Subject of application

1 Vietnamese organizations and individuals (hereinafter referred to as entities);foreign entities committing administrative violations against regulations on vocational education, assessment and issuance of national vocational diplomas

2 The persons entitled to impose penalties for administrative violations and relevant entities

3 This Decree does not apply to officials and civil servants who commit

administrative violations during the performance of their duties and regulatory agencies that commit violations pertaining to their duties

4 Point b Clause 7 Article 25 of this Decree shall not be applied to imposition

of administrative violations committed by press agencies

Penalties for administrative violations committed by press agencies shall

comply with Article 8 of the Government's Decree No 159/2013/ND-CP dated

Trang 2

November 12, 2013 on penalties for administrative violations against

regulations on journalism and publishing

Article 3 Remedial measures

Apart from the remedial measures in Points a, b, c, d, dd, e, g, h, i of Clause 1 Article 28 of the Law on Actions against administrative violations, any entity committing administrative violations against regulations on vocational

education might be compelled to take one or some remedial measures

mentioned in Article 5, Clause 9 Article 6, Clause 2 Article 7, Clause 7 Article

8, Clause 5 Article 9, Clause 8 Article 10, Clause 2 Article 11, Clause 5 Article

12, Clause 2 Article 13, Clause 2 Article 14, Clause 8 Article 15, Clause 6 Article 16, Clause 7 Article 17, Clause 3 Article 18, Clause 2 Article 19, Clause

2 Article 20, Clause 3 Article 21, Clause 2 Article 22, Clause 2 Article 23, Clause 5 Article 24, Clause 9 Article 25, Clause 7 Article 26, Clause 3 Article

27, Clause 3 Article 28 of this Decree

Article 4 Fines incurred by individuals and organizations

1 The maximum fine for a violation against regulations on vocational

education incurred by an individual is VND 75,000,000; that incurred by an organization is VND 150,000,000

2 The fines in Chapter II of this Decree are applied to organizations, except for those in Clause 1 and Clause 2 Article 8; Clause 1, Points a, b, c, d, D Clause 2, Clause 3, Clause 4 and Clause 5 Article 15; Clauses 2, 3, 4 and 5 Article 17; Clause 1 Article 24; Clauses 1, 2 and 6 Article 25; Clause 1, Clause 2, Point a Clause 4 Article 26 of this Decree, which are applied to individuals

The fine incurred by an organization is twice as much as the fine incurred by anindividual for the same violation

3 The maximum fines imposed by the persons mentioned in Chapter III of this Decree are incurred by individuals; the maximum fines they may impose upon organizations are twice as much as the fines incurred by individuals

Trang 3

Article 5 Violations against regulations on establishment and permission for establishment of institutions of vocational education; vocational

education quality control organizations

1 A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to return the decision on establishment or decision to permit

establishment of the institution/organization under the decision on revocation of

a competent authority

2 A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any

of the following violations:

a) Falsifying the content of the decision on establishment or decision to permit establishment of the institution/organization;

b) Forging documents to establish/obtain permission for establishment of the vocational education institution or vocational education quality control

organization

3 Fines for establishing a vocational education institution or vocational

education quality control organization without permission by a competent authority:

a) From VND 40,000,000 to VND 60,000,000 if the institution/organization established is a vocational education center or vocational education quality control organization;

b) From VND 60,000,000 to VND 80,000,000 if the institution is a vocational secondary school;

c) From VND 80,000,000 to VND 100,000,000 if the institution is a college

4 Remedial measures:

a) Revoke the decision on establishment or decision to permit establishment of the vocational education institution or vocational education quality control organization if any of the violations mentioned in Point a Clause 2 of this

Article is committed;

b) Destroy the decision on establishment of the vocational education institution

or vocational education quality control organization if any of the violations mentioned in Point b Clause 2 of this Article is committed;

c) Transfer illegal benefits obtained from the violations mentioned in Point b Clause 2 and Clause 3 of this Article to state budget;

Trang 4

d) Refund collected amounts to the payers if any of the violations in Point b Clause 2 and Clause 3 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable;

dd) Transfer the learners to another vocational education institution or cancel the decision on admission, return the tuition fees to the learners if they cannot

be transferred to another vocational education institution if any of the violations

in Point b Clause 2 and Clause 3 of this Article is committed;

e) Revoke qualifications/certificates if any of the violations mentioned in

Clause 3 of this Article is committed

Article 6 Violations against regulations on registration of vocational

3 Fines for doing vocational education activities outside the location written onthe certificate of registration of vocational education activities or certificate of registration of additional vocational education activities:

a) From VND 5,000,000 to VND 10,000,000 if the institution is a vocational education center;

4 Fines for forging documents in the application for registration of vocational education:

Trang 5

5 Fines for failure to register additional vocational education activities when increasing the capacity of each discipline or vocation compared to the

certificate of registration of vocational education activities:

a) From VND 10,000,000 to VND 20,000,000 if the violations is from 10% to under 20%;

b) From VND 20,000,000 to VND 30,000,000 if the violations is from 20% to under 30%;

c) From VND 30,000,000 to VND 40,000,000 if the violations is from 30% to under 40%;

d) From VND 30,000,000 to VND 40,000,000 if the violations is 40% or above

6 A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for failure to apply for registration of vocational education activities in any of the following cases:

a) Addition of a discipline, vocation, or level of training;

b) Partial division, full division, merger, or consolidation of the vocational education institution;

c) Change of governing body or investor of the vocational education institution;d) Relocation of the headquarter or campus of the training institution;

dd) Establishment of a new campus of institution;

e) Cooperate with another organization or individual in vocational education

7 Fines for admission of students and provision of training without the

certificate of registration of vocational education activities issued by a

8 Additional penalties: Vocational education activities shall be suspended for

01 to 03 months if any of the violations mentioned in Clause 7 of this Article is committed

Trang 6

a) Return the certificate of registration of vocational education activities or certificate of registration of additional vocational education activities if any of the violations mentioned in Clause 1 of this Article is committed;

b) Transfer illegal benefits obtained from the violations mentioned in Clause 2

of this Article to state budget;

c) Restore the right to study of learners, return collected amounts to learners if any of the violations mentioned in Clause 4 and Clause 7 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable;

d) Transfer learners to the establishment where vocational education is

permitted if any of the violations mentioned in Clause 3 of this Article is

committed;

dd) Revoke and destroy the certificate of registration of vocational education activities, certificate of registration of additional vocational education activities

if any of the violations mentioned in Clause 4 of this Article is committed

Article 7 Violations against regulations on organization and operation of vocational education institution

1 Fines for failure to issue the Statute on organization and operation of the vocational education institution:

2 Remedial measures: Issue the Statute on organization and operation of the vocational education institution if any of the violations mentioned in Clause 1

of this Article is committed

Section 2 VIOLATIONS AGAINST REGULATIONS ON ADMISSIONS Article 8 Violations against regulations on enrolment

1 A warning or fines of from VND 300,000 to VND 500,000 shall be imposed for providing false information in the application for enrolment

2 A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for assisting in provision of false info in the application for enrolment

Trang 7

3 A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for announcing enrolment without sufficient information or failure to adhere to announcement of enrolment.

4 A warning or fines of from VND 5,000,000 to VND 10,000,000 shall be imposed for violations against regulations on criteria for determination of

enrolment target

5 A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for announcing enrolment in any shape or form without the certificate of

registration of vocational education activities issued by a competent authority

6 A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for receiving applications, holding examinations without the certificate of

registration of vocational education activities issued by a competent authority

a) Cancel the enrolment result or decisions on admissions if any of the

violations mentioned in Clause 6 of this Article is committed;

b) Return collected amounts to learners if any of the violations mentioned in Clause 6 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable;

c) Announce termination of enrolment through mass media if any of the

violations mentioned in Clause 5 and Clause 6 of this Article is committed

Article 9 Violations against admission targets

1 Fines for admitting improper learners at the primary level:

a) From VND 300,000 to VND 500,000 if the violation involves fewer than 10 learners;

b) From VND 500,000 to VND 2,000,000 if the violation involves 10 – 19 learners;

c) From VND 2,000,000 to VND 5,000,000 if the violation involves 20 learners

or more

2 Fines for admitting improper learners at the intermediate level:

a) From VND 2,000,000 to VND 5,000,000 if the violation involves fewer than

10 learners;

b) From VND 5,000,000 to VND 10,000,000 if the violation involves 10 – 19 learners;

Trang 8

c) From VND 10,000,000 to VND 20,000,000 if the violation involves 20 learners or more.

3 Fines for admitting improper learners at the college level:

a) From VND 5,000,000 to VND 10,000,000 if the violation involves fewer than 10 learners;

c) From VND 20,000,000 to VND 30,000,000 if the violation involves 20 learners or more

4 A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to adhere to regulations on admission

5 Remedial measures: Cancel decisions on admission, return collected amounts

to learners if any of the violations mentioned in Clause 1, Clause 2, and Clause

3 of this Article is committed; collected amounts shall be transferred to state budget if the payers are not identifiable

Section 3 VIOLATIONS AGAINST THE LAWS ON TRAINING

PROGRAMS, CAPACITY OF CLASSES; BRIDGE PROGRAMS

EDUCATIONAL ASSOCIATION

Article 10 Violations against regulations on training programs

1 Fines for insufficient teaching hours of a subject or module according to the training program:

a) From VND 300,000 to VND 500,000 if the violation involves less than 5%

of teaching hours;

a) From VND 500,000 to VND 1,000,000 if the violation involves from 5% to less than 10% of teaching hours;

c) From VND 1,000,000 to VND 3,000,000 if the violation involves from 10%

to less than 15% of teaching hours;

d) From VND 3,000,000 to VND 5,000,000 if the violation involves from 15%

to less than 20% of teaching hours;

dd) From VND 3,000,000 to VND 5,000,000 if the violation involves from 15% to less than 20% of teaching hours;

Trang 9

a) Failure to make a training schedule, training plan, plan for assignment of teachers/lecturers;

b) Failure to use or training management forms and books, or use of incorrect ones

3 A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to adhere to regulations on procedures for formulation, appraisal, and issuance of training programs

4 Fines for issuance training programs with incorrect targets, scope, and

5 A fine of from VND 3,000,000 to VND 5,000,000 shall be changing the content of a subject or module without permission, failure to organize a

graduation thesis defense as prescribed by the vocational education program

6 A fine of from VND 10,000,000 to VND 20,000,000 or suspension for 6 – 12months shall be imposed for running a foreign vocational education programs with incorrect time or form

7 A fine of from VND 20,000,000 to VND 30,000,000 or suspension for 6 – 12months shall be imposed for running a foreign vocational education programs against the program in the application for registration of vocational education activities

a) Formulate a training schedule, training plan, plan for assignment of

teachers/lecturers, use training management forms and books as prescribed if any of the violations mentioned in Clause 2 of this Article is committed;

b) Rectify the vocational education program if any of the violations mentioned

in Clause 4 of this Article if committed;

c) Make up the teaching hour deficiency; organize graduation thesis defense if any of the violations mentioned in Clause 1 and Clause 5 of this Article is committed;

d) Transfer the admitted learners to another vocational education institution or cancel the decision on admission, return the tuition fees to the learners if they

Trang 10

cannot be transferred to another vocational education institution in case any of the violations in Point b Clause 6 and Clause 7 of this Article leads to

suspension of the training institution

Article 11 Violations against regulations on class capacity

1 Fines for exceeding the limits on number of learners in a class:

a) From VND 1,000,000 to VND 3,000,000 if the number of learner in a class exceeds the limit less than 15%;

b) From VND 3,000,000 to VND 5,000,000 if the number of learner in a class exceeds the limit from 15% to less than 30%;

c) From VND 5,000,000 to VND 10,000,000 if the number of learner in a class exceeds the from 30% and above;

2 Remedial measures: Reduce the number of learners in a class according to regulations if any of the violations mentioned in Clause 1 of this Article is committed

Article 12 Violations against regulations on bridge programs and

educational association in vocational education

1 Fines for violations against regulations on bridge programs:

a) From VND 10,000,000 to VND 20,000,000 for running a bridge program without satisfying all conditions;

b) From VND 30,000,000 to VND 40,000,000 for running a bridge program without permission by a competent authority

a) Using a foreign training program whose quality is not certified by a

competent authority;

b) Failure to post sufficient information about the educational association

programs, partners, location, form of training, time of training, tuition fees, budget, and responsibilities of partners on the website of the training institution

3 A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Engaging in educational association with a foreign educational institution whose quality is not certified by a quality control organization or a competent authority;

Trang 11

b) Engaging in educational association with a foreign educational institution to provide training in a discipline or vocation that is not on the list of disciplines and vocations permitted for educational association in Vietnam.

c) Engaging in educational association without permission by a competent authority;

d) Engaging in educational association without satisfactory classrooms,

equipment, and teaching staff;

dd) Engaging in educational association without signing an educational

association contract; signing the educational association contract after the

training program is run;

e) Engaging in educational association with an entity without legal status

4 Additional penalties: Educational association in vocational education shall besuspended for 1 – 3 months if any of the violations mentioned in Point a Clause

2 and Clause 3 of this Article is committed

a) Transfer the admitted learners to another vocational education institution or cancel the decisions on admissions, return collected amounts to the learners if any of the violations in Clause 1, Point a Clause 2, and Clause 3 of this Article

is committed; collected amounts shall be transferred to state budget if the

learners are not identifiable;

b) Provide sufficient and accurate information about the vocational education association program if any of the violations mentioned in Point b Clause 2 of this Article is committed;

c) Conclude an educational association contract if the violation mentioned in Point dd Clause 3 of this Article is committed

Article 13 Violations against regulations on training contract conclusion

1 Fines incurred by vocational education institution that fails to conclude a training contract or concludes a training contract without sufficient information:a) From VND 10,000,000 to VND 20,000,000 if the violation involves fewer than 10 learners;

c) From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 learners;

Trang 12

d) From VND 10,000,000 to VND 20,000,000 if the violation involves 101 –

Section 4 VIOLATIONS AGAINST REGULATIONS ON

EXAMINATION AND ASSESSMENT OF TRAINING RESULTS

Article 14 Violations against regulations on assessment of learners’

performance

1 Fines for failure to comply with regulations on assessment, ranking, or

falsifying result of the semester, school year, score, subject, module, or credits:a) From VND 1,000,000 to VND 3,000,000 if the violation involves 1 – 4 learners;

c) From VND 5,000,000 to VND 10,000,000 if the violation involves 10

learners or more

2 Remedial measures: Reassess the learners’ performance if any of the

violations mentioned in Clause 1 of this Article is committed

Article 15 Violations against regulations on examinations and recognition

of graduation

a) Grading papers against the answers or the rubric;

b) Making a transcript that is inconsistent with the examination result

a) Taking the exam for another learner; assisting another learner in the exam;b) Bringing illegal documents, devices, or information in the examination room;c) Doing the exam for another learner or assisting another learner in doing his/her exam;

Trang 13

dd) Changing content of the exam paper or given grade;

e) Organizing grading of exam papers against regulations

3 A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for swapping exam papers or assisting another person in swapping exam papers

4 A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for losing exam papers

5 A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for revealing questions or losing exam topics

6 A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for recognizing graduation of unqualified learners as prescribed

Section 5 VIOLATIONS AGAINST REGULATIONS ON

MANAGEMENT, ISSUANCE AND USE OF VOCATIONAL

EDUCATION QUALIFICATIONS

Article 16 Violations against regulations on management, issuance and use

of vocational education qualifications

1 A fine of from VND 300,000 to VND 500,000 shall be imposed for failure topresent the original or copy or failure to certify the validity of vocational

education qualifications issued

Định dạng
Số trang	27
Dung lượng	106,73 KB