What are 4 cases of dissolution of private preschools in Vietnam?

What is a private preschool in Vietnam?

Pursuant to Article 2 of the Regulation on the organization and operation of private preschools, issued together with Circular 13/2015/TT-BGDDT, private preschools are early childhood education institutions within the national education system, established by social organizations, professional-social organizations, economic organizations, or individuals when permitted by a competent state authority.

Private preschools have investment capital for building facilities and ensuring operational funding from sources outside the state budget.

What are 4 cases of dissolution of private preschools in Vietnam?

Pursuant to Clause 1, Article 9 of Decree 46/2017/ND-CP, a private preschool can be dissolved in one of the following four cases:

- Serious violations of regulations on the organization and activities of the preschool;

- The expiration of the suspension period stated in the suspension decision but the cause of the suspension has not been remedied;

- The objectives and contents of the activities in the establishment decision or the license to establish the school are no longer suitable for the requirements of socio-economic development;

- Upon the request of the organization or individual that established the preschool (self-initiated dissolution).

What are 4 cases of dissolution of private preschools in Vietnam? (Image from Internet)

Who has the authority to decide the dissolution of private preschools in Vietnam?

Pursuant to Clause 2, Article 9 of Decree 46/2017/ND-CP, it is stipulated as follows:

Dissolution of kindergartens, preschools, nursery schools

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2. The Chairman of the District People's Committee has the authority to decide the dissolution of kindergartens, preschools, and nursery schools.

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Therefore, according to the regulations, the Chairman of the District People's Committee has the authority to decide on the dissolution of private preschools.

What documents are needed to dissolve private preschools in Vietnam?

Pursuant to Clause 3, Article 9 of Decree 46/2017/ND-CP, it is stipulated as follows:

Dissolution of kindergartens, preschools, nursery schools

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3. The dossier includes:

a) The decision to establish the inspection team by the District People's Committee;

b) The inspection report;

c) The proposal for dissolution of the kindergarten, preschool, or nursery by the Department of Education and Training, which clearly states the reasons for the dissolution and includes evidence proving violations of the kindergarten, preschool, or nursery as specified in points a, b, and c of Clause 1 of this Article, or the proposal for dissolution by the organization or individual that established the kindergarten, preschool, or nursery, clearly stating the reasons for the dissolution, measures to handle the legitimate rights and interests of children, teachers, staff, and employees of the kindergarten, preschool, or nursery; the plan to handle the assets of the school.

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To dissolve a preschool, the following 3 types of documents are required:

[1] The decision to establish the inspection team by the District People’s Committee;

[2] The inspection report;

[3] The proposal for dissolution of the preschool by the Department of Education and Training, clearly stating the reasons for the dissolution and providing evidence proving the preschool’s violations as specified in points a, b, and c of Clause 1, Article 9 of Decree 46/2017/ND-CP or the proposal for dissolution by the organization or individual that established the preschool.

The proposal must clearly state the reasons for the dissolution, measures to handle the legitimate rights and interests of children, teachers, staff, and employees of the preschool, and the plan to handle the school’s assets.

What are the procedures for dissolution of private preschools in Vietnam?

Pursuant to Clause 4, Article 9 of Decree 46/2017/ND-CP, it is stipulated as follows:

Step 1: The organization or individual requesting the establishment of the preschool submits directly or by mail one set of documents requesting dissolution to the District People’s Committee;

Step 2: In cases where violations of the preschool are detected or reported by an agency, organization, or individual as specified in points a, b, and c of Clause 1, Article 9 of Decree 46/2017/ND-CP:

The District People’s Committee is responsible for directing the Department of Education and Training to chair, cooperate with relevant departments within 20 working days, conduct inspection and verification, prepare a dossier for dissolution stating the reasons for the dissolution, notify the preschool, and report to the District People’s Committee;

Step 3: Within 10 working days from the receipt of the dossier requesting the dissolution of the preschool, the Chairman of the District People’s Committee reviews and decides whether or not to dissolve the preschool;

Step 4: The dissolution decision must clearly state the reasons for dissolution, specify measures to ensure the legitimate rights and interests of children, teachers, staff, and employees of the preschool; the plan to handle the school’s assets, ensuring transparency and it must be publicly announced in the media.