From November 20, 2024, when will preschools in Vietnam be suspended from educational activities if educational activities are not implemented?

From November 20, 2024, when will preschools in Vietnam be suspended from educational activities if educational activities are not implemented?

Pursuant to point d, clause 1 of Article 7 of Decree 125/2024/ND-CP (effective from November 20, 2024), the suspension of educational activities for preschools is regulated as follows:

Suspension of educational activities for kindergartens, preschools, daycare centers

1. A kindergarten, preschool, or daycare center will have its educational activities suspended in the following cases:

a) Committing fraud to be allowed educational activities;

b) Failing to meet any conditions for educational activities as specified in clauses 2 and 3 of Article 5 of this Decree;

c) The individual granting permission for educational activities lacks the necessary authority;

d) Failing to initiate educational activities within 1 year from the date of being permitted to operate educational activities;

dd) Violating administrative sanctions in the educational field at a level that requires suspension according to current regulations;

e) Other cases as prescribed by law.

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Thus, a preschool that does not initiate educational activities within 1 year from the date of being permitted will have its educational activities suspended.

From November 20, 2024, when will preschools in Vietnam be suspended from educational activities if educational activities are not implemented?​ (Image from the Internet)

What are procedures for suspending educational activities of preschools in Vietnam?

Based on clause 3, Article 7 of Decree 125/2024/ND-CP, the procedures for suspending educational activities of preschools in Vietnam are as follows:

Step 1: Upon detecting the preschool's violation of one of the cases regulated in clause 1, Article 7 of Decree 125/2024/ND-CP, the Head of the Education and Training Department decides to organize an inspection to assess the actual situation, prepares an inspection report, and informs the preschool of the violation;

Step 2: Within 10 days from the notification of the violation to the preschool, the Head of the Education and Training Department, based on the severity of the violation, decides on the suspension of educational activities and reports to the district-level People’s Committee.

The decision to suspend educational activities of the preschool (according to Form No. 10 Appendix 1 attached to Decree 125/2024/ND-CP) is publicly announced through mass media;

Step 3: During the suspension period, if the cause leading to the suspension is rectified, the preschool must notify in writing with evidence to the Head of the Education and Training Department.

Within 7 working days from receiving the preschool’s notification, the Head of the Education and Training Department decides to allow the preschool to resume educational activities and publicly announces it through mass media;

In cases of suspension as stipulated at point b, clause 1, Article 7 of Decree 125/2024/ND-CP, within 5 working days from the suspension decision, the Head of the Education and Training Department re-evaluates the educational operation conditions of the preschool. If they meet the regulations in Article 5 of Decree 125/2024/ND-CP, a decision will be made to allow the preschool to resume educational activities and publicly announce it through mass media.

Will a preschool in Vietnam be dissolved if it remains suspended without rectifying the cause?

According to clause 1, Article 9 of Decree 125/2024/ND-CP regarding the dissolution of preschools:

Dissolution of preschools

1. A preschool can be dissolved under the circumstances specified in clause 2 of Article 51 of the Education Law.

2. The Chairman of the district-level People's Committee decides on the dissolution of the preschool.

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As per clause 2, Article 51 of the Education Law 2019:

Merger, division, separation, dissolution of schools

1. The merging, division, and separation of schools must ensure the following:

a) Appropriate to the socio-economic development planning and the network planning of educational institutions according to the Planning Law;

b) Meeting the needs of socio-economic development;

c) Ensuring the rights and benefits of teachers and learners;

d) Contributing to the improvement of quality and efficiency in education.

2. Schools shall be dissolved under the following circumstances:

a) Committing serious violations of management, organization, and operation regulations;

b) Failing to rectify the causes leading to the suspension of educational activities after the suspension period;

c) The objectives and activities in the establishment decision or permission are no longer suitable to the socio-economic development needs;

d) Failure to ensure educational quality;

dd) At the request of the organization or individual that established the school.

3. The decision on merging, division, separation, dissolution of the school must specify the reasons, measures to ensure the rights and benefits of educators, educational managers, learners, and workers in the school, and must be publicly announced in the media.

Thus, if a preschool fails to rectify the causes leading to the suspension after the suspension period, it will be dissolved.