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 particular, the Ministry of Education and Training proposed to amend and supplement violations of regulations on implementing educational linkages, training linkages with foreign countries and additional fines and penalties for violations.
Article 15. Amend and supplement a number of points and clauses of Article 19. Specifically as follows:
1. Add points c and d to Clause 1 as follows:
c) Not publicly disclosing or not fully disclosing relevant information about the training program linked to foreign countries as prescribed;
d) Not conducting the assessment of the joint training program as prescribed.
Currently, Clause 1, Article 19 of Decree No. 04/2021/ND-CP (amended and supplemented by Decree 127/2021/ND-CP) stipulates:
Fine from VND 30,000,000 to VND 40,000,000 for one of the following acts:
a) Not ensuring one of the conditions for implementing educational linkages and training linkages;
b) Fraud to be approved by competent authorities to implement educational linkages and training linkages.
Thus, if the above points c and d are added to Clause 1, Article 19, the act of not publicly disclosing or not disclosing complete information related to the training program linked to foreign countries as prescribed; not conducting the assessment of the training linked program as prescribed may be subject to a fine of up to VND 40,000,000.
In addition, the Ministry also proposed to amend and supplement Clause 2, Clause 5, Clause 6, Article 19 as follows:
2. Amend and supplement Clause 2 as follows:
2. Fine from VND 60,000,000 to VND 80,000,000 for one of the following acts:
a) Organizing the teaching of joint educational and training programs abroad that are not in accordance with the content approved by competent authorities;
b) The teaching staff does not meet the requirements of the law and the regulations of the training program linked to abroad;
3. Amend and supplement Clause 5 as follows:
5. Additional penalty:
Suspend educational and training activities from 12 months to 24 months for violations specified in Clause 1 and Clause 2 of this Article;
4. Amend and supplement Clause 6 as follows:
6. Remedial measures:
Forced to negotiate with the learner to transfer the enrolled learners to another educational institution that is eligible for educational activities or another training sector of the training institution or to transfer to the same industry at another training institution when meeting the prescribed conditions or cancel the admission decision, return the funds collected for the learner and resolve the consequences if the learner does not accept the transfer agreement for the violation of the provisions of Clause 4 of this Article.
The Ministry of Education and Training solicits comments on the draft Decree until October 16, 2025.
