Vietnam: What are the cases of suspension of educational operations of a kindergarten?

What are the cases of suspension of educational operations of a kindergarten in Vietnam?

Under Clause 1, Article 8 of Decree 46/2017/ND-CP on the suspension of educational operations of a kindergarten in Vietnam:

Suspension of educational operations of a kindergarten, preschool or nursery school

1. A kindergarten, preschool or nursery school shall be subject to suspension of its educational operations if:

a) it commits any fraudulent act in order to obtain a license for educational operations;

b) it fails to meet one of the stipulated eligibility requirements for permission for educational operations in accordance with Clause 2 and Clause 3 Article 5 hereof;

c) The license for its educational operations has been granted ultra vires;

d) Its educational operations have not been carried out within the duration of 01 year from the licensing date;

dd) it has committed any violation against regulations on imposition of penalties for administrative offences arising from educational operations to the extent that the decision on suspension thereof is granted;

e) otherwise prescribed by applicable laws and regulations.

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Thus, a kindergarten may be suspended from educational operations under the following cases:

- It comamits any fraudulent act in order to obtain a license for educational operations;

- It fails to meet one of the stipulated eligibility requirements for permission for educational operations in accordance with Clause 2 and Clause 3 Article 5 Decree 46/2017/ND-CP:

+ Own land, school head office, facilities and equipment ;

+ Manage a staff of administrative officers, teachers and employees.

- The license for its educational operations has been granted ultra vires;

- Its educational activities have not been carried out within the duration of 01 year from the licensing date;

- It has committed any violation against regulations on imposition of penalties for administrative offences arising from educational activities to the extent that the decision on suspension thereof is granted;

- Otherwise prescribed by applicable laws and regulations.

What are the cases of suspension of educational operations of a kindergarten in Vietnam? (Image from the Internet)

What are the procedures for suspension of educational operations of a kindergarten in Vietnam?

According to Clause 3, Article 8 of Decree 46/2017/ND-CP, the procedures for suspension of educational operations of a kindergarten in Vietnam are as follows:

Step 1:

When a kindergarten is found to violate one of the cases leading to suspension, the Head of the Division of Education and Training shall decide to establish an inspection team, organize the inspection, compile an inspection report evaluating the actual situation, and notify the kindergarten of the violation;

Step 2:

Within 10 working days from the date of notifying the kindergarten of the violation, the Head of the Division of Education and Training shall consider deciding whether to suspend the educational operations;

* The decision to suspend educational operations of a kindergarten must clearly state the reason for suspension, the duration of suspension, measures to ensure the rights and legal interests of children, teachers, staff, and employees in the kindergarten, and must be publicly announced on mass media;

What are the cases of dissolution of a kindergarten in Vietnam?

According to Clause 1, Article 9 of Decree 46/2017/ND-CP, a kindergarten shall be dissolved under one of the following circumstances:

- The school has committed serious violations against applicable regulations on organization or operation of a kindergarten.

-Upon expiration of the duration of suspension of educational operations specified in the suspension decision, causes of such suspension have not yet been corrected;

- Educational objectives and contents specified in the establishment decision or the decision on permission for establishment of a kindergarten have no longer matched socio-economic development demands;

- The school is dissolved at the request of the organization or individual that submitted application for establishment of a kindergarten.

What are the licensing requirements for the educational operations of kindergartens in Vietnam?

According to Article 5 of Decree 46/2017/ND-CP, amended by Clause 2 Article 1 of Decree 135/2018/ND-CP, the licensing requirements for the educational operations of kindergartens in Vietnam include:

Requirement (1) Obtain the decision on establishment or the decision on approval of establishment, issued by the President of the district-level People’s Committee.

Requirement (2) Own land, school head office, facilities and equipment that meet requirements, help maintain and develop educational activities as well as satisfy the following specific requirements:

+ The preschool education group/class, preschool or kindergarten must be located within the precincts of a residential zone in compliance with regulations on safety and environmental sanitation;

+ The total area of project site is divided into multiple spaces used for building infrastructural facilities, playgrounds, roads and growing landscaping plants. The average area of project site must be at least 12 m2 per a child in lowland, delta and midland regions (except municipal and urban regions); 08 m2 per a child in municipal, urban, mountainous and island regions;

+ The preschool education group/class, preschool or kindergarten must build walls to separate its space from the outside;

+ The construction project is divided into the following blocks:

++ Block of child care and nursery education classrooms, e.g. general activity gathering classrooms, sleeping classrooms, toilets and play grounds, which must ensure conformity with the specified regulations;

++ Block of learning classrooms, e.g. physical education classrooms, art education classrooms or multifunctional classrooms;

++ Block of dining rooms, e.g. kitchen spaces and warehouses;

++ Block of administrative rooms, e.g. school offices, rector’s offices, vice rector’s offices, administrative management offices, healthcare rooms, security rooms, staff rooms, toilets intended for teachers, officers, employees, and parking lots for teachers, officers and employees;

++ Playgrounds, e.g. play grounds for child groups or classes; commonly-shared play spaces.

Requirement (3) Employ an adequate staff of administrative officers, teachers and employees that are structured in a proper manner and meet stipulated standards for provision of early childhood education programs and organization of educational activities. 

Requirement (4) Maintain a sufficient amount of financial resources as required by laws in order to ensure continued operation and development of educational activities.

Requirement (5) Have the statutes of organization and operations of the preschool education group/class, preschool or kindergarten