Compilation of dossiers and procedures for obtaining permission for private preschools to conduct educational activities in Vietnam

What are regulations on dossiers and procedures for obtaining permission for private preschools to conduct educational activities in Vietnam?

Compilation of dossiers and procedures for obtaining permission for private preschools to conduct educational activities in Vietnam

Pursuant to Article 6 Decree 46/2017/ND-CP (amended by Clause 3, Article 1 Decree 135/2018/ND-CP), the procedures for licensing a private kindergarten to operate educational activities is as follows:

* Regarding the dossier includes:

- Proposal for permission to operate educational activities;

- A copy issued from the original register, an authenticated copy from the original or a copy accompanied by the original for comparison of the decision to establish or the decision to permit the establishment of the kindergarten, nursery school;

- List of key management staff including principal, vice-principal(s), head of specialized departments specifying the professional qualifications; list of teachers specifying the professional qualifications; labor contracts signed between the kindergarten, nursery school, and each management staff, teacher;

- Preschool education program, materials for the implementation of the Preschool education program;

- List of educational institutions, working rooms, physical facilities, and equipment meeting the prescribed conditions;

- Legal documents: confirmation of land use rights or lease contract for kindergarten, nursery school headquarters for a minimum period of 05 years; confirmation of available funds managed by the kindergarten, nursery school ensuring legality and commitment to use solely for the investment in construction and regular operational expenses of the kindergarten, nursery school after being permitted to operate educational activities; plan to mobilize capital and balance the next capital to ensure stable operation of the kindergarten, nursery school in the 05-year period starting from the date of admission;

- Regulations on the organization and operation of the kindergarten, nursery school.

* Procedures for implementation:

Step 1: The kindergarten, nursery school submits directly or by mail 01 dossier prescribed in Clause 2, Article 6 of Decree 46/2017/ND-CP (amended by Clause 3, Article 1 Decree 135/2018/ND-CP) to the Department of Education and Training;

Step 2: The Department of Education and Training receives and organizes the appraisal of the dossier. If the dossier is unsatisfactory, it notifies in writing the contents to be amended and supplemented to the kindergarten, nursery school within 05 working days from the date of receipt of the dossier; if the dossier is conformable, it notifies the plan for practical appraisal at the kindergarten, nursery school;

Step 3: Within 15 working days from the date of notification of the practical appraisal plan, the Department of Education and Training presides and cooperates with relevant specialized departments to organize the practical appraisal;

Step 4: Within 05 working days, if the kindergarten, nursery school meets the prescribed conditions, the Head of the Department of Education and Training issues a decision to permit educational activities; if the prescribed conditions are not met, it notifies in writing the reasons to the kindergarten, nursery school.

The Head of the Department of Education and Training permits the kindergarten, nursery school to operate educational activities.

Establishing a Private Kindergarten

Compilation of dossiers and procedures for obtaining permission for private preschools to conduct educational activities in Vietnam​ (Image from Internet)

What are conditions a private preschool to operate in Vietnam?

To operate, a private preschool must meet the conditions stipulated in Article 5 of Decree 46/2017/ND-CP (amended by Clause 2, Article 1 Decree 135/2018/ND-CP), with five detailed conditions as follows:

(1) A decision to establish or permit the establishment by the Chairman of the district-level People's Committee.

(2) Land, premises, physical facilities, and equipment satisfying the requirements for maintaining and developing educational activities, specifically:

+ The kindergarten, nursery school is located in a residential area ensuring safety and environmental sanitation regulations;

+ The construction area includes: Construction area; playground area; green trees, roads. The average construction land area is at least 12 m² per child for plains and midlands (excluding city districts, district-level towns); 08 m² per child for city districts, district-level towns, high mountains, and islands;

For areas with land difficulties, construction area can be replaced by construction floor area ensuring sufficient area as prescribed;

Private and non-public kindergartens, nursery schools can lease premises, facilities, and equipment of the state or public educational institutions not used to organize educational activities as per the law.

Private and non-public kindergartens, nursery schools can lease part or whole house and infrastructure of the state to organize educational activities as per the Government of Vietnam's regulations on encouraging private investment in education, vocational training, health, culture, sports, environment, forensic assessment.

In case of leasing educational equipment not fully utilized by public non-business units in the field of education, it is implemented as per the law on managing and using state property.

+ The kindergarten, nursery school campus has a wall separating it from the outside;

+ Construction blocks include:

++ Block of children and nursery rooms: Common activity room, sleeping room, toilet, play porch ensuring as per standards;

++ Block of learning service rooms: Physical education room, art education room, or multifunctional room;

++ Dining service block: Kitchen and warehouse area;

++ Administrative management block includes: School office, principal's room, vice principal's room, administrative management room, medical room, security room, staff room, teacher, officer, staff toilet, teacher, officer, staff parking area;

++ Playgrounds include: Group/classroom playground; common playground.

- Equipment, toys, utensils, and childcare and education documents as per the Ministry of Education and Training's regulations.

(3) A management staff, teachers, and employees sufficient in number, reasonable in structure, and meeting standards to implement the Preschool education program and organize educational activities.

(4) Sufficient financial resources as per regulations to ensure maintaining and developing educational activities.

(5) Regulations on the organization and operation of the kindergarten, nursery school.

Is a scheme required for establishing a private preschool in Vietnam?

Pursuant to Article 3 of Decree 46/2017/ND-CP, the conditions for establishing a public kindergarten, nursery school; permitting the establishment of a private, non-public kindergarten, nursery school are as follows:

Conditions for Establishing a Public Kindergarten, Nursery School; Permitting the Establishment of a Private, Non-public Kindergarten, Nursery School

1. A scheme for establishing a kindergarten, nursery school suitable with the socioeconomic development planning and local educational network planning approved by competent state management agencies.

2. The scheme for establishing a kindergarten, nursery school clearly identifies the objectives, tasks, program, and educational content; land, physical facilities, equipment, proposed location for school construction; organizational structure, resources, and finance; strategic orientation for the school's development.

Therefore, to establish a private preschool, a scheme approved by competent state management agencies is required.

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