What are cases in which preschools are suspended in Vietnam?

What are cases in which preschools are suspended in Vietnam?

Pursuant to Article 8 of Decree 46/2017/ND-CP, there are 6 cases in which a preschool is suspended as follows:

[1] Engaging in fraudulent activities to obtain permission for educational operations;

[2] Failing to ensure one of the conditions for educational operations as stipulated in Clauses 2 and 3, Article 5 of Decree 46/2017/ND-CP;

[3] Unauthorized individuals granting permission for educational operations;

[4] Failing to initiate educational activities within one year from the date of receiving permission;

[5] Violating administrative penalty regulations in the field of education, warranting suspension under current laws;

[6] Other cases as prescribed by law.

What are procedures for suspension of a preschool in Vietnam engaging in fraud to be allowed to operate?

Pursuant to Clause 3, Article 8 of Decree 46/2017/ND-CP, the procedures for suspension of a preschool in Vietnam engaging in fraud to be allowed to operate are as follows:

Step 1) Upon discovering that the kindergarten, nursery school, or daycare center has violated one of the cases listed in Clause 1 of this Article, the Head of the Division of Education and Training will decide to establish an inspection team, conduct an inspection, make an inspection record evaluating the actual condition, and notify the kindergarten, nursery school, or daycare center of the violation;

Step 2) Within 10 working days from the date of notifying the kindergarten, nursery school, or daycare center of the detected violation, the Head of the Division of Education and Training will consider whether to suspend the educational operations;

Step 3) The decision to suspend educational operations must clearly state the reasons for suspension, the suspension period, measures to ensure the legal rights and interests of children, teachers, and staff, and must be publicly announced on the mass media;

* After the suspension period, if the kindergarten, nursery school, or daycare center rectifies the causes leading to the suspension, the Head of the Division of Education and Training will examine and decide on the resumption of educational operations, and it must be publicly announced on the mass media. If resumption is not permitted, a written notification must be provided to the institution, stating the reasons and solutions.

* The dossier for requesting the resumption of educational operations includes:

- The petition for resumption of educational operations;- The decision to establish the inspection team;- The inspection record.

* The procedures for resuming educational operations of a kindergarten, nursery school, or daycare center is carried out in accordance with Clause 3, Article 6 of Decree 46/2017/ND-CP.

What are cases in which preschools are suspended in Vietnam?​ (Image from Internet)

Will a preschool in Vietnam that is suspended and still fails to rectify the violation be dissolved?

Pursuant to Clause 1, Article 9 of Decree 46/2017/ND-CP, the dissolution of kindergartens, nursery schools, and daycare centers is regulated as follows:

Dissolution of kindergartens, nursery schools, and daycare centers

1. A kindergarten, nursery school, or daycare center will be dissolved in the following cases:

a) Serious violations of organization and operation regulations for kindergartens, nursery schools, and daycare centers;

b) Failure to rectify the causes leading to suspension after the suspension period specified in the suspension decision;

c) The objectives and activities stated in the establishment or operation permission decision are no longer suitable for socio-economic development requirements;

d) At the request of the organization or individual establishing the kindergarten, nursery school, or daycare center.

2. The Chairman of the district People’s Committee decides to dissolve kindergartens, nursery schools, and daycare centers.

3. The dossier includes:

a) The decision to establish the inspection team by the district People’s Committee;

b) The inspection record;

c) The petition for dissolution by the Division of Education and Training, clarifying the reasons for dissolution along with evidence proving that the kindergarten, nursery school, or daycare center has violated regulations in points a, b, and c, Clause 1 of this Article or the petition for dissolution by the organization or individual establishing the kindergarten, nursery school, or daycare center, stating the reasons for dissolution, measures to ensure the legal rights and interests of children, teachers, and staff and the asset resolution plan.

4. Procedure:

a) The organization or individual that requested to establish the kindergarten, nursery school, or daycare center submits a dossier directly or by post to the district People’s Committee;

b) If violations are detected or reported by the agency, organization, or individual regarding the kindergarten, nursery school, or daycare center as stipulated in points a, b, and c, Clause 1 of this Article, the district People’s Committee is responsible for directing the Division of Education and Training to preside over and collaborate with related departments within 20 working days to conduct an inspection, verify and prepare a dissolution dossier clearly stating the reasons for dissolution, notify the kindergarten, nursery school, or daycare center, and report to the district People’s Committee;

c) Within 10 working days from the date of receipt of the dissolution dossier, the Chairman of the district People’s Committee considers and decides whether to dissolve the kindergarten, nursery school, or daycare center;

d) The decision to dissolve the kindergarten, nursery school, or daycare center must clearly state the reasons for dissolution, measures to ensure the legal rights and interests of children, teachers, and staff, and the asset resolution plan, ensuring transparency, and must be publicly announced on mass media.

Thus, a preschool that is suspended and still fails to rectify the violation after the suspension period will be dissolved.