The court ruled that the National Economics University was 'at fault' and ordered it to pay 87 million VND in compensation to the former student.

The appellate court partially accepted Mr. Duong The Hao's appeal, determining that the National Economics University "was partly at fault" for issuing his graduation certificate late and ordered it to pay 87 million VND in compensation.

Mr. Duong The Hao, a former student of the National Economics University, leaves the court after the appeal hearing on the afternoon of December 11 - Photo: GIANG LONG

After half a day of appellate proceedings, on the afternoon of December 11th, the Hanoi People's Court issued a ruling partially accepting the appeal of Mr. Duong The Hao in the lawsuit demanding 46 billion VND in compensation from the National Economics University for allegedly withholding his graduation certificate for 25 years.

Previously, in mid-June, the People's Court of Hai Ba Trung District (formerly) rejected all of Mr. Hao's claims in the lawsuit. The first-instance judgment determined that the National Economics University was not at fault for the late issuance of graduation certificates to former students.

Following the initial trial, Mr. Hao appealed the entire verdict.

Former student claims diploma withheld for 25 years, school denies it.

In his lawsuit, Mr. Hao stated that he enlisted in the army in 1977 and served for four years at the Technical Department of the Air Defense - Air Force Command. After being discharged in 1981, he passed the entrance exam for the economics faculty of the University of Economics and Planning (the predecessor of the current National Economics University), graduating in 1984.

In 1989, he completed his graduation exams in all subjects, received a certificate confirming his completion, and waited for his diploma. However, after completing the course, Mr. Hao did not receive his diploma or many important personal documents.

He was formerly the deputy director of an industrial cooperative and ran for the position of acting director of another enterprise. Because he did not submit a university degree to the company, he was unable to continue in the position.

At both the first-instance and appellate trials, Mr. Hao presented the view that the National Economics University's withholding of his graduation certificate had caused a series of consequences and damages to him, such as preventing him from registering his marriage, birth, and enrolling his children in public schools in Hanoi.

He was also denied access to work, the right to buy land or property, the benefits of demobilized soldiers, and opportunities for advancement.

Mr. Hao said he lives like a "homeless person, without an identity card or passport, unable to travel abroad, unable to buy or sell real estate, and although he has money to start a business, he cannot register it under his name."

After repeatedly sending letters to the school without success, in 2018 the former student filed a lawsuit and was subsequently awarded a diploma by the school.

However, on the other hand, representatives from the school presented several arguments asserting that the school "did not withhold" Mr. Hao's diploma as alleged.

The school representative presented some documents claiming that Mr. Hao was initially a student in the 26th cohort of the Industrial Engineering program (academic year 1984-1988). However, during his studies, he was held back and transferred to the 27th cohort.

Regarding the reason why Mr. Hao was not granted graduation in 1989, the school stated that he had violated examination regulations, leading to a temporary suspension of his graduation. According to regulations, students who commit such violations may have their graduation suspended for 1-2 years.

A school representative confirmed that "Mr. Hao only sent a letter to the school in 2017 asking if he could be issued a diploma and retrieve his documents." The school held a meeting to assign staff to directly search for the documents and found Mr. Hao's file "in a drawer."

According to the school representative, the delay in returning the records was due to "objective reasons." During that time, the school repeatedly moved locations, many staff members retired or passed away, and managing the records became difficult.

Former student receives 87 million VND in compensation.

At today's appeal hearing, the panel of judges agreed with the first-instance judgment, stating that Mr. Hao's personal documents submitted upon enrollment only included a self-declared resume, original birth certificate, original high school transcript, original military service record, and original discharge decision. Therefore, since Mr. Hao's enrollment documents did not include a household registration book, there is no basis to conclude that the school retained this document.

The judging panel presented an analysis, stating that students are responsible for complying with the school's regulations and rules. Students of the National Economics University are responsible for knowing the graduation regulations and proactively contacting the school regarding receiving their diplomas and personal records. Therefore, the court ruled that the school's failure to complete these procedures upon graduation is not the responsibility of the students.

According to the verdict, between 1989 and 2017, there was no documentation showing that former student Duong The Hao proactively contacted the school to request a diploma and other documents.

In August 2017, the school received a request from Mr. Hao for a graduation certificate and responded that they could not find his personal records or his name in the university graduation certificate register. Therefore, the school stated that they did not have sufficient grounds to issue him a certificate.

However, in July 2019, after Mr. Hao filed his first lawsuit, the school found his records and awarded him his diploma. The appellate court ruled that this was a contradiction, and that the school had provided inaccurate information.

The appellate court's ruling this afternoon stated that the National Economics University was not at fault in the period before 2017. However, the university was at fault in the period from providing Mr. Hao with incorrect information to finding the necessary documents and issuing his diploma. Therefore, the university is responsible for compensating Mr. Hao for damages during this period, totaling 21 months and 22 days, the ruling stated.

In his lawsuit, Mr. Hao demanded that the school compensate him for various expenses totaling tens of billions of dong, but the appellate court ruled that there was no basis for the claim.

The judging panel unanimously agreed to calculate the damages based on the legal provisions regarding the regional minimum wage, arriving at the figure of 87 million VND that the National Economics University must compensate former student Duong The Hao.

ROYAL

Source: https://tuoitre.vn/toa-tuyen-dai-hoc-kinh-te-quoc-dan-co-loi-phai-boi-thuong-87-trieu-dong-cho-cuu-sinh-vien-20251211134119696.htm