The Ministry of Education and Training (MOET) has posted a draft Decree amending and supplementing a number of articles of Decree No. 04/2021/ND-CP of the Government regulating administrative sanctions in the field of education and Decree No. 88/2022/ND-CP of the Government regulating administrative sanctions in the field of vocational education to collect comments.
According to the Ministry, the amendment and supplementation of the Decree is carried out on the basis of major policies of the Party and State on arranging and streamlining the administrative apparatus, perfecting the law, enhancing the strictness, transparency and effectiveness of law enforcement, while meeting practical requirements in the context of organizing a two-level local government model. The draft Decree focuses on amending, supplementing, perfecting and removing many regulations that are no longer suitable for practice.
In order to clarify the violations of educational institutions in the establishment of school councils and the appointment of principals of private higher education institutions and private higher education institutions operating not for profit; in accordance with the provisions of Resolution 71-NQ/TW on breakthroughs in education and training development, the Ministry of Education and Training proposed to amend and supplement Clause 4, Article 7 of Decree No. 04/2021/ND-CP (amended and supplemented by Decree 127/2021/ND-CP) as follows:
4. Fines from VND 40,000,000 to VND 60,000,000 for private universities and private universities operating not for profit that commit one of the following acts:
a) Exceeding 06 months from the date the higher education institution is established, allowing the establishment or conversion of the school type or from the date the school council expires without establishing the school council as prescribed;
b) After 06 months from the date the school council is established, if the school council does not decide to appoint the principal;
c) Not complying with the procedures for establishing school councils or the decision to appoint principals.;
In addition, Article 4 of the Draft Decree proposes to add Clause 4a after Clause 4, Article 7 of Decree No. 04/2021/ND-CP (amended and supplemented by Decree 127/2021/ND-CP) as follows:
4a. Additional penalty:
a) Suspend enrollment activities for 12 months for the acts specified in Points a, b, c, Clause 4 of this Article;
b) Suspend training activities for 12 months for cases that have been suspended from admission activities as prescribed in Point a of this Clause but have not been able to correct their violations;
c) Dissolve higher education institutions in cases where the training activities are suspended according to the provisions of Point b of this Clause but the violation cannot be remedied".
With the above additional penalty proposal, the Ministry of Education and Training said that this is to increase deterrence for violators.
The Ministry of Education and Training solicits comments on the draft Decree until October 16, 2025.
