Vietnam: What are the conditions for establishing a primary school from November 20, 2024? What are the procedures for establishing a primary school?

What are the conditions for establishing a primary school in Vietnam from November 20, 2024?

Under Article 15 of Decree 125/2024/ND-CP (effective from November 20, 2024), the conditions for establishing a primary school in Vietnam are specified as follows:

- There must be a scheme for the establishment or permission to establish a primary school under provincial planning and other relevant planning of the locality where the school is headquartered.

- The scheme must clearly identify the objectives, tasks, program, and content of primary education; the land, facilities, equipment, the location intended for constructing the school; the organizational structure; resources and finances; and the strategic direction for the construction and development of the school.

What are the conditions for establishing a primary school in Vietnam from November 20, 2024? (Image from the Internet)

What are the procedures for establishing a primary school in Vietnam?

Under Article 16 of Decree 125/2024/ND-CP (effective from November 20, 2024), the procedures for establishing a primary school in Vietnam are specified as follows:

- The Chairperson of the District-level People's Committee decides on the establishment of public primary schools or permits the establishment of private primary schools.

- The application comprises:

+ An application form for the establishment or permission to establish a primary school (according to Form No. 01 Appendix 1 attached to Decree 125/2024/ND-CP);

+ A scheme for the establishment or permission to establish a primary school (according to Form No. 02 Appendix 1 attached to Decree 125/2024/ND-CP).

-Procedures:

Step 1: The Commune-level People's Committee (if applying to establish a public primary school) or entities (if applying for permission to establish a private primary school) send one set of the application prescribed in Clause 2 of this Article via the online public service portal or by post or directly to the District-level People's Committee;

Step 2: Within 5 working days from the date of receipt of a complete application, if the application is not valid, the District-level People's Committee will notify in writing the contents that need to be amended or supplemented to the applicant; if the application is valid, the District-level People's Committee will direct the Division of Education and Training to appraise the conditions for establishment or granting of permission to establish the primary school;

Step 3: Within 15 days from the date of receipt of a valid application, the Division of Education and Training will chair and cooperate with relevant specialized divisions to appraise the conditions for the establishment or granting of permission to establish the primary school; prepare an appraisal report to assess compliance with the regulations in Article 15 of Decree 125/2024/ND-CP; submit to the Chairperson of the District-level People's Committee for consideration and decision;

Step 4: Within 5 working days from the date of receipt of the appraisal report from the Division of Education and Training, if the conditions are met, the Chairperson of the District-level People's Committee will decide on the establishment or granting of permission to establish the primary school; if conditions are not met, a written notification specifying the reasons will be sent to the applicant for establishment or granting of permission to establish the primary school.

The decision on establishment or permission to establish the primary school (according to Form No. 10 Appendix 1 attached to Decree 125/2024/ND-CP) shall be publicly announced through mass media.

Step 5: After 2 years from the effective date of the decision establishing or permission to establish the primary school, if the primary school is not allowed to operate in education, the Division of Education and Training will report to the Chairperson of the District-level People's Committee to revoke the decision to establish or granting of permission to establish the school.

Step 6: If the primary school relocates its educational operation, it must meet the conditions and follow the procedures for establishing or permission to establish the primary school, granting permission for its educational operation as stipulated in Decree 125/2024/ND-CP. In the project (according to Form No. 02 Appendix 1 attached to Decree 125/2024/ND-CP), the primary school must commit to inheriting the rights, obligations, and responsibilities of the school proposed for relocation.

What is the eligibility for educational operation by a primary school in Vietnam?

Under Article 17 of Decree 125/2024/ND-CP (effective from November 20, 2024), the eligibility for educational operation by a primary school in Vietnam is as follows:

- The school must have land, facilities, and equipment that meet the standards for location, scale, area, and minimum facilities for a primary school according to the regulations of the Ministry of Education and Training.

For the inner urban areas of special metropolitan regions, the area for school construction can be replaced with the floor area, ensuring that the floor area is not less than the minimum average land area per student as regulated.

- The school must have educational programs, teaching, and learning materials that meet the requirements of the general primary education program according to the regulations of the Ministry of Education and Training.

- The school must have a sufficient number of management personnel, teachers, staff, and workers who meet the standards to organize educational operations under the requirements of the general primary education program as per the regulations of the Ministry of Education and Training.

- The school must have adequate financial resources to ensure the maintenance and development of educational operations:

+ For private primary schools, the minimum investment is 50 million VND per student (excluding land-use costs). The total minimum investment is calculated based on the time when the anticipated maximum scale is reached, but not less than 50 billion VND. The investment plan must be consistent with the anticipated scale of each phase.

In cases where the private primary school does not construct new facilities but rents or uses existing facilities to implement educational operations, the minimum investment must be at least 70% of the investment level stipulated in point a of this clause;

+ For public primary schools, financial resources are ensured by the competent management authority to meet the requirements of the primary education program.

- The school must have regulations on the organization and operation of the school.