What is the penalty for hindering people with learning disabilities?

Lawyer Nguyen Thi Hoai Anh, YouMe Law Company Limited replied:

Article 13, Chapter II Decree No. 130/2021/ND-CP stipulating penalties for administrative violations in the field of social protection, assistance and children, regulations on violations of regulations on educational responsibilities for children People with disabilities at educational institutions are as follows:

1. Fine from 5,000,000 VND to 10,000,000 VND for one of the following acts:

a) Failure to ensure appropriate teaching and learning conditions for people with disabilities as prescribed by law;

b) Failure to provide learning support facilities and materials specifically for people with disabilities as prescribed by law;

c) Do not allow people with disabilities to be exempted or reduced from certain subjects or educational content and activities that the abilities of people with disabilities cannot meet;

d) Refuse admission to people with disabilities at higher ages as prescribed by law;

d) Set admission conditions that restrict people with disabilities, except for some cases prescribed by law;

e) Failure to give admission priority to people with disabilities as prescribed by law;

g) Obstructing the learning rights of people with disabilities.

2. Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:

a) Failure to exempt or reduce tuition fees, training costs and other contributions according to the provisions of education law;

b) Failure to renovate or upgrade teaching and learning facilities to ensure accessibility for people with disabilities when renovating or repairing educational facilities.

Clause 2, Article 5 of Decree No. 130/2021/ND-CP stipulating penalties for administrative violations in the field of social protection, assistance and children stipulates the fine level and sanctioning authority as follows:

2. The fine for each administrative violation specified in Chapter II of this Decree is the fine for the individual violator, except for the provisions in Articles 8, 9, 12, 13, 14, Clause 1 Article 16, Article 33 and Clause 2, Article 36 of this Decree. The fine for violating organizations is twice the fine for violating individuals.

Thus, educational institutions that hinder people with disabilities from learning will be fined from 5,000,000 VND to 10,000,000 VND according to the above regulations.