The Ministry of Education and Training published 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 increase deterrence against violators, the Ministry of Education and Training proposes to amend and supplement a number of points and clauses of Article 9 of Decree No. 04/2021/ND-CP (amended and supplemented by Decree 127/2021/ND-CP) regulating cases of violations of regulations on enrollment subjects.
Article 7. Amend and supplement a number of points and clauses of Article 9. Specifically as follows:
1. Amend and supplement Clause 6 as follows:
6. Additional penalty: Suspend enrollment activities from 12 months to 18 months from the date of the conclusion of violation by the competent authority for enrollment majors that violate the provisions of Point c, Clause 3 and Point c, Clause 4 of this Article.
2. Amend and supplement Point b, Clause 7 as follows:
b) Forcing the learner to negotiate with the learner to transfer the admitted learners to another educational institution eligible for educational activities or other training majors of the training institution or transferring to the same major at another training institution when meeting the prescribed conditions or canceling the admission decision, returning the funds collected from the learner and resolving the consequences if the learner does not accept the transfer agreement for the violation of the provisions of Clauses 1, 2, 3 and 4 of this Article if the learner is not at fault.
Currently, Clauses 3 and 4, Article 6 of Decree No. 04/2021/ND-CP (amended and supplemented by Decree 127/2021/ND-CP) stipulates:
3. Fines for university-level training admissions that violate the subjects specified in the admission regulations are according to the following fines:
a) Fine from VND 10,000,000 to VND 30,000,000 for the act of incorrectly recruiting less than 10 students;
b) Fine from VND 30,000,000 to VND 70,000,000 for the act of incorrect recruitment from 10 students to less than 30 students;
c) Fine from VND 110,000,000 to VND 150,000,000 for the act of recruiting 30 or more students incorrectly.
4. Fines for admission to master's and doctoral training for the wrong subjects specified in the admission regulations are according to the following fines:
a) Fine from VND 20,000,000 to VND 40,000,000 for the act of incorrectly recruiting less than 05 students;
b) Fine from VND 40,000,000 to VND 70,000,000 for the act of incorrect recruitment from 05 students to less than 10 students;
c) Fine from VND 110,000,000 to VND 150,000,000 for the act of recruiting 10 or more students incorrectly.
Thus, if Clause 6, Article 9 is amended and supplemented as above, the act of recruiting incorrect university degrees from 30 students or more or recruiting incorrect master's and doctoral training degrees from 10 students or more may be suspended from admission activities for 12 months to 18 months from the date of the conclusion of violation by the competent authority.
The Ministry of Education and Training solicits comments on the draft Decree until October 16, 2025.
