On December 18, 2020, the Government issued Decree 04/2021/ND-CP stipulating the sanctioning of administrative violations in the field of education (“Decree 04“). Accordingly, Decree 04 has increased the fine for the group of violations on using and publishing diplomas and certificates in contravention of regulations. As follows:

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

• a) Using diplomas and certificates of others;
• b) Letting others use their diplomas or certificates;
• c) Using diplomas and certificates which have been erased or corrected to falsify the contents.

       2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

• a) Disclosing inadequate information about the granting of diplomas and certificates on the unit’s website;
• b) Inaccurate publicity of information about the diploma and certificate issuance on its website.

        3. A fine of between VND 20,000,000 and 40,000,000: For the act of not disclosing information about the degree or certificate issuance on the unit’s website.

        4. Additional sanction: Confiscation of material evidence being diplomas and certificates erased, corrected, falsified the contents for acts of using erased diplomas or certificates, falsifying the contents.

         5. Remedial measures:

• a) Forcible publicity as prescribed
• b) Forcible correction of information

Previously, the penalty for the group of violations on the use and publicity of diplomas and certificates in contravention of regulations is specified in Article 16 of Decree 138/2013/ND-CP, specifically as follows:

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for failure to update and publicize information on the issue of diplomas or certificates on their website.
2. A fine of between VND 2,000,000 and 8,000,000 shall be imposed for acts of using diplomas or certificates of others or using certificates that have been erased, erased or modified.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of buying, selling or using fake diplomas or certificates.
4. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for acts of forging diplomas or certificates.
5. Forms of additional sanctions: Confiscation of material evidences and means of administrative violations

Decree 04 was born, replacing Decree 138/2013/ND-CP. Decree 04 takes effect from March 10, 2021.

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