Shall the chairman of the district-level People's Committee direct the implementation of projects for development of preschool education in Vietnam?

I would like to learn about establishing a preschool affiliated to a university in Vietnam. Which agency has the authority to allow the establishment of a preschool affiliated to a university. Shall the chairman of the district-level People's Committee direct the implementation of projects for development of preschool education in Vietnam?

Which agency has the authority to allow the establishment of a preschool affiliated to a university in Vietnam?

Currently, the decentralization of educational management is specified in Decree 127/2018/ND-CP. Specifically, in Article 9 of Decree 127/2018/ND-CP stipulating the responsibility for state management of education by Chairpersons of commune-level People’s Committees as follows:

(1) Issue a decision on establishment or permit the establishment, withdraw the establishment decision or decide to permit the establishment, acquisition, full or partial division, dissolution, conversion or name changing of state and private education institutions as regulated, including kindergartens, preschools, primary schools, lower-secondary schools, general schools with various educational stages of which the highest stage is lower-secondary education, ethnic minority day-boarding schools, community education centers and other education institutions under state management performed by district-level People's Committees.

(2) Decide to appoint, dismiss, transfer, commend or discipline the head and deputy of the Division of Education and Training according to the standards for job positions and procedures regulated by laws.

(3) Decide to recruit or give authorization for recruitment of educational employees under current regulations, arrange employees according to their job positions, admit, appoint, dismiss, transfer, commend or discipline the heads and deputies of state education institutions specified in Clause 1 this Article or change their job positions, ethnic minority boarding schools in districts which do not provide upper-secondary education and other education institutions under their management upon consideration of the plan prepared by the Department of Education and Training and assessment of the Domestic Affair Division.

(4) Decide to establish the school’s council, admit, appoint and dismiss Chairperson thereof, supplement or replace members of state school’s councils, admit or not to admit the board of directors, chairperson and deputy chairperson of such board of directors, principles and deputy principles of state and private schools under management of district-level People’s Committees according to standards for job titles and procedures regulated by laws.

(5) Decide or send a proposal of commendation for organizations and individuals with great contributions to education development in districts to the competent authority for ratification purposes.

(6) Carry out inspection and deal with complaints and denunciation, and handle education-related violations committed in education institutions under their management as per law provisions.

(7) Send periodic reports on education in districts to the Department of Education and Training, provincial People’s Councils and People' Committees as regulated.

(8) Carry out other duties as per law provisions.

Thus, preschools in general and preschools affiliated to universities are eligible for the authority of the Chairman of the district-level People's Committee.

Shall the chairman of the district-level People's Committee direct the implementation of projects for development of preschool education in Vietnam?

Responsibility for state management of education by district-level People’s Committees are specified in Article 8 of Decree 127/2018/ND-CP as follows:

(1) Propose plans, programs and projects for development of preschool education, primary education and secondary education in districts in accordance with the provincial education strategy and socio-economic development plan in districts to the district-level People's Council for ratification purposes.

(2) Provide guidelines for implementation of plans, programs and projects for development of preschool education, primary education and secondary education in districts which are approved by the competent authority and execute legal documents on education.

(3) Rearrange and reorganize preschools, primary schools and lower-secondary schools in districts in consistent with real conditions of districts, ensure sufficient education administrators and employees to run the scheme according to their job positions as assigned, satisfy conditions for education quality assurance, apply the mode of full-day studying in preschools, primary schools and lower-secondary schools, take charge of representing the educational activities, education quality, administration of educational staff and learners in education institutions and implement education development policies under their management.

(4) Stipulate functions, duties and rights of the Division of Education and Training under the Government’s regulations and the guidance of the Ministry of Education and Training.

(5) Provide guidelines and carry out visit inspection to education institutions under their management in terms of education quality assurance.

(6) Universalize education, eradicate illiteracy, establish national standard schools and create a learning environment for people in districts.

(7) Provide guidelines on use, evaluation, training, re-training of educational staff and employees in education institutions under their management and implementation of policies intended for such staff and employees as regulated and regularly add information on the teaching staff and education administrators under their management to the national database of education.

(8) Ensure that financial resources, assets, facilities and land funds are all available, implement policies on private sector involvement for education, mobilize resources for education development and issue regulations to ensure autonomy and responsibility for representing the task performance and education quality applied to education institutions under their management.

(9) Check the compliance with law provisions by education institutions under state management performed by district-level People's Committees.

(10) Provide guidelines for statistical work and send notification and annual as well as irregular reports on education in districts as required by district-level People’s Committees and the Department of Education and Training.

(11) Carry out other duties as per law provisions.

According to the above provisions, the district-level People's Committees shall direct and provide guidelines for implementation of plans, programs and projects for development of preschool education instead of the chairman of the district-level People's Committees.

What are the regulations on assigning the responsibilities of educational management for the above-mentioned entities?

Requirements for assigning responsibilities for state management of education are specified in Article 3 of Decree 127/2018/ND-CP as follows:

- Ensure consistency and improvement of efficiency and effectiveness in state management of education

- Ensure correlation among duties, rights, responsibilities and financial and human resources with conditions for education quality assurance and other necessary conditions to perform the task assigned

- Specify duties, rights and responsibilities for state management of various level People's Committees and relevant agencies

Thus, the establishment of preschools affiliated to universities in particular and preschools in general are eligible for the authority of the chairman of the district-level People's Committee. The district-level People's Committees shall direct and provide guidelines for implementation of plans, programs and projects for development of preschool education in Vietnam.

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