What is the punishment for cheating in the exam?

My best friend brought learning materials into the exam room. Hence, his subject was suspended and he failed in that subject. Recently, I heard a few of my friends say that their test was marked because they violated some rules. I want to ask what the punishment for cheating in the exam is. Thank you.

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

 [1] According to Article 22 of the Education law 2019:

“Article 22. Prohibited activities in educational institutions

1. Disrespect of dignity and honor, committing physical assault towards teachers, staff, labour workers of educational institutions and towards learners.

2. Distortion of educational contents.

3. Cheating in learning, testing, examination, admission.

4. Smoking; alcohol consumption; security and order disruption.

5. Forcing students to take extra classes for money.

6. Forcing contributions in cash or in kind in the name of educational sponsorship or support.”

Cheating on exams is an act that students are not allowed to do. In case your friend commits one of the above acts, they will be administratively sanctioned.

[2] According to Article 13 Decree No. 138/2013/NĐ-CP on penalties for administrative violations pertaining to education:

“Article 13. The violations against the regulations on examination

1. Fines of from VND 2,000,000 to VND 5,000,000 shall be imposed for the disruption or threat of force that hinders the test takers and the organizers, inspectors, proctors, examiners, examination server.

2. Fines from VND 3,000,000 to VND 6,000,000 shall be imposed for providing untrue information about the examination.

3. With regard to the violations against the examination regulations:

a) Fines of from VND 1,000,000 to VND 2,000,000 shall be imposed on entities that bring unallowable documents, instruments to examination rooms, area for marking;

b) Warnings or fines of from VND 2,000,000 to VND 3,000,000 shall be imposed on entities that help test-takers with the test;

c) Fines of from VND 3,000,000 to VND 20,000,000 shall be imposed for impersonating examinees or illegally entering the examination room to help examinees;

d) Fines of from VND 5,000,000 to VND 7,000,000 shall be imposed for the illegal change of the content of the answer sheet or of the score.

dd) Fines of from VND 7,000,000 to VND 10,000,000 shall be imposed on entities who swap the answer sheet;

e) Fines of from VND 8,000,000 to VND 10,000,000 shall be imposed for the scoring unconformable to the regulations.

4. Fines of from VND 10,000,000 to VND 12,000,000 shall be imposed for the loss of exam paper.

5. Fines of from VND 20,000,000 to VND 50,000,000 shall be imposed for entities that reveals or loses the test questions.

6. Remedial measures:

a) Restore the answer sheets or the score that are altered (applied to the violation specified in Point d Clause 3 of this Article);

b) Take measures to ensure the benefit of the examinees whose exam paper is lost.”

Thus, the acts of bringing documents into the examination room will be fined from VND 1,000,000 to VND 2,000,000 and remedial measures may be applied.

Above is FDVN Law Firm's opinion for your request of consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra - FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/