Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree deals with the violations, fines and remedial measures, the persons entitled to make violation record, impose penalties they can impose upon administrative violation pertaining to education.
Article 2. Regulated entities
1. Vietnamese organizations and individuals; foreign organizations and individuals committing the violation pertaining to education within Vietnam’s territory.
2. Persons entitled to make violation record, impose penalties and relevant organizations and individuals.
Article 3. Fines
1. The maximum fine applied to individuals is VND 50,000,000, the maximum fine applied to organizations is VND 100,000,000.
2. The fines prescribed in Chapter II of this Decree are incurred by organizations, except for the ones prescribed in Clause 5 of Article 9; Clauses 1 and 2 of Article 11; Clause 1 and Points a, b, c, d and dd Clause 3 of Article 13; Clauses 2 and 3 of Article 16; Clause 1 of Article 20 and Clause 1 of Article 22 of this Decree that are incurred by individuals.
The fine incurred by an individual is a haft the fine incurred by an organization having similar violation.
Article 4. Remedial measures
The remedial measures include:
1. Dissolve the educational institutions, organizations affiliated to educational institutions, education quality assessment organizations that are ultra vires founded.
2. Annul the documents that are ultra vires issued or have unlawful contents.
3. Discard books, textbooks, lectures, materials, teaching aids that have unconformable contents or distort, instigate violence, affect the national habits and customs.
4. Restore the exam papers, school reports, mark-books, score sheets or the documents relating to the evaluation of study and training result that are altered.
5. Take measures to ensure the benefit of the examinees whose exam paper is lost.
6. Refund to the learners the collected money and pay the refund expense; otherwise, the money collected from the violation shall be submitted to the State budget.
7. Reduce the enrolments by the excess in the previous year; move the learners to the another educational institution that has been granted permission for education activities;
8. Complete the subjects or education contents according to the educational program.
9. Complete the conditions of educator staff, facilities, teaching aids to ensure the education quality or ensure the safety conditions of education facilities.
10. Cancel the exam result, evaluation result, the result of thesis/dissertation defenses that are unconformable to the regulation; remark the exam papers, re-evaluate the final results, re-organize the thesis/dissertation defenses.
11. Annul the qualification or certificate forms unconformable to the regulations.
12. Transfer the learners who have been admitted and begun the course to another educational institution; otherwise, annul the admission decision, refund the money to learners (applied to educational institutions that have illegally enrolled learners or educational institutions subject to dissolution, permission revocation or education suspension).
Tìm kiếm
Nghị định 138/2013/NĐ-CP (Bản Word)