Chương 3: Nghị định 138/2013/NĐ-CP Thẩm quyền lập biên bản, thẩm quyền xử phạt vi phạm hành chính trong lĩnh vực giáo dục

Chapter 3.

POWER TO MAKE RECORDS AND IMPOSE PENALTIES FOR ADMINISTRATION VIOLATIONS PERTAINING TO EDUCATION 

Article 27. Power to make records for the violations pertaining to education

1. Persons entitled to make the records prescribed in this Article may make an administrative violation records within the duties and tasks according to the form prescribed in the regulations and shall be responsible for such records.

2. Persons entitled to make administrative violation records are:

Any person who entitled to impose penalties for administrative violations as prescribed in this Decree and is on duty;

b) Any officials who is performing the State management tasks pertaining to education.

Article 28. Entitlement to impose penalties of the President of the People’s Committees

1. Any Presidents of the People’s Committees of communes is entitled to:

Impose warnings;

b) Impose fines of not exceeding VND 5,000,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments serving the administrative violations that not exceeding the maximum penalty prescribed in Point b of this Clause.

2. Any Presidents of the People’s Committees of districts is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 50,000,000 for each violation prescribed in Chapter II of this Decree

c) Revoke the right to enjoyment of operation licenses, practice certificates for a definite time or suspend the operation for a definite time (applied to intra vires organizations and individuals); confiscate the exhibits and instruments for committing the administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause.

d) Adopt the remedial measures prescribed in Article 4 Chapter I of this Decree.

3. Any Presidents of the People’s Committees of provinces is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 100,000,000 for each violation prescribed in Chapter II of this Decree;

c) Revoke the right to enjoyment of operation licenses and practice certificates for a definite time or suspend the operation for a definite time (applied to the intra vires organizations and individuals);

d) Confiscate the exhibits and instruments for committing administrative violations;

e) Adopt the remedial measures prescribed in Article 4 Chapter I of this Decree.

Article 29. Power to impose penalties of inspection 

1. Any inspector who is on duty is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 500,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments for administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause.

2. Any Chief Inspectors of Services of Education and Training is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 50,000,000 for each violation prescribed in Chapter II of this Decree;

c) Revoke the right to enjoyment of operation licenses, practice certificates for a definite time or suspend the operation for a definite time;

d) Confiscate the exhibits and instruments serving the administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause;

e) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

3. Head of the inspectorate of Services is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 5,000,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments serving administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause;

d) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

4. Head of the inspectorate of Ministries is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 70,000,000 for each violation prescribed in Chapter II of this Decree;

c) Confiscate the exhibits and instruments serving administrative violations not exceeding the maximum penalty prescribed in Point b of this Clause;

d) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

5. Any Chief Inspectors of Ministries/ministerial-level agencies is entitled to:

a) Impose warnings;

b) Impose fines of not exceeding VND 100,000,000 for each violation prescribed in Chapter II of this Decree;

c) Revoke the right to enjoyment of operation licenses, practice certificates or suspend the operation for a definite time;

d) Confiscate the exhibits and instruments for committing administrative violations;

e) Apply the remedial measures prescribed in Article 4 Chapter I of this Decree.

Article 30. Expelling 

Any foreigners who commits any administrative violations prescribed in Clause 7 Article 8 of this Decree which is liable to expulsion from Vietnam shall be handled according to the Decree of Government on impoundment and escort under administrative procedures and suffer the penalty according to administrative procedures.

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