What components are included in the organizational structure of private kindergartens in Vietnam? When are private kindergartens issued with a decision on suspension of operation?
Do private kindergartens have legal status in Vietnam?
Do private kindergartens have legal status in Vietnam?
Position of private preschools, kindergartens and independent preschool education groups or classes is specified in Article 2 of the organizational and operational regulations of private preschools (enclosed with Circular 13/2015/TT- BGDDT of Vietnam) (hereinafter referred to as the Regulations) as follows:
- Private preschools, kindergartens and independent preschool education groups or classes are preschool education establishments under the national education system, and established by social organizations, social-professional organizations, enterprises or individuals upon the approval by competent state authorities. Funding for investment in material facilities and covering operating expenditures are derived from non-state budget.
- Private preschools and kindergartens shall have the legal status, their own accounts and seals.
According to the above article, it can be seen that private preschools and kindergartens shall have the legal status.
What components are included in the organizational structure of private kindergartens?
Organizational structure of private kindergartens is specified in Article 6 of the Regulations as follows:
The organizational structure of a private preschool or kindergarten must adhere to regulations on organizational structure prescribed in the Preschool Charter and correspond to its conditions and scale. A private preschool or kindergarten must consist of the following divisions:
- The Management Council (if any);
- The Supervisory Board;
- The Principal and Deputy Principals;
- Specialized panels;
- The administrative panel;
- Organizations or unions;
- Groups or classes.
In which, the principal of a private preschool or kindergarten is specified in Article 13 of the Regulations as follows:
“Article 13. Principal
1. The Principal of a private preschool or kindergarten must satisfy all of the standards of preschool principal as set forth in the Preschool Charter, is under 65 years of age and must not be an official or public employee of a state agency.
2. The Principal shall directly run and manage operations of the preschool or kindergarten; bear responsibility before the law, higher-level educational authority and the Management Council (if any) for organization and management of specialized activities, child fostering, care and education quality and other operations of such preschool or kindergarten within the ambit of his/her duties and power. The Term of office of a Principal is 5 (five) years.
3. With regard to a private preschool or kindergarten where the Management Council is established, the Principal shall be recommended by the Management Council, appointed by ballot with more than 50% of "yes" votes, approved by the General Meeting of capital-contributing members and the competent state authority under the decision on approval.
4. With regard to a private preschool or kindergarten where the Management Council is established, apart from rights and duties prescribed in the Preschool Charter and regulations in Clause 2 of this Article, the Principal shall also have the following duties and rights:
a) Organize the implementation of decisions of the Management Council;
b) Mobilize, manage and use resources, conduct and manage child fostering, care and education activities and other activities of the preschool or kindergarten as regulated, ensure the quality and the conformity thereof with prevailing laws and the plans approved by the Management Council for the purpose of performing the preschool or kindergarten’s development objectives;
c) Prepare plan for organizational structure, payroll and personnel of the preschool or kindergarten, and submit it to the Management Council for approval; act as the Chairperson or Deputy Chairperson of teacher recruitment board; assign, manage, assess, rank, reward and take disciplinary actions against teachers and employees in compliance with prevailing laws provided that such acts must be approved by the Management Council.
d) Prepare and submit estimates and annual financial statements to the Management Council for approval; implement financial plan in conformity with regulations of the preschool or kindergarten; submit periodical reports to the Management Council and relevant authority on finance and operations of the preschool or kindergarten;
dd) Carry out measures for ensuring security and orders, and protecting the environment and safety in the preschool or kindergarten;
e) The Principal may attend meetings of the Management Council (if he/she is not a member of the Management Council) but does not have the voting right; is responsible for presenting reports to the General Meeting of capital-contributing members on the preschool or kindergarten’s child care and education activities; is entitled to stick to his/her opinions which are inconsistent with decision of the Management Council and report such disagreement to the higher-level educational authority for consideration.
5. Within a given period, an individual is allowed to act as the Principal of the only private preschool or kindergarten.”
When are private kindergartens issued with a decision on suspension of operation?
Taking actions against violations is specified in Article 26 of the Regulations as follows:
(1) Private preschools, kindergartens, preschool education groups and classes are not allowed to give permission to any individual or organization to use their prestige or facilities to commit acts in violation of the law and conduct commercialization activities in the education sector for seeking personal profit and inconsistently with objectives in their operation plans.
(2) In cases where evidence is sufficient to prove that a private preschool, kindergarten, preschool education group or class fails to comply with state laws, regulations and rules adopted by Ministry of Education and Training; fails to ensure safety and quality of child fostering, care and education; fails to satisfy requirements on facilities and equipment; or still carries out educational activities without decision on permission to found and carry out educational activities, one of the following disciplinary measures shall be imposed subject to the level of violation:
a) Written warnings;
b) Penalties for administrative violations as regulated by prevailing laws;
c) Suspension of individual, manager, teacher, employee from the preschool or preschool education establishment, or suspension of educational activities of the preschool or preschool education establishment;
d) Suspension of operation or compulsory dissolution;
dd) Request competent authorities to take actions as regulated by laws.
Thus, if a private preschool, kindergarten, preschool education group or class fails to comply with state laws, regulations and rules adopted by Ministry of Education and Training; fails to ensure safety and quality of child fostering, care and education; fails to satisfy requirements on facilities and equipment; or still carries out educational activities without decision on permission to found and carry out educational activities, the competent authority will suspend the operation if it considers the level of violation to be serious.
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