What are cases of suspension of educational acitivities of preschools in Vietnam?

What are cases of suspension of educational acitivities of preschools in Vietnam?

Based on Clause 1, Article 8 of Decree 46/2017/ND-CP, a preschool is suspended from educational activities when one of the following cases occurs:

- Engaging in fraudulent activities to gain permission to conduct educational activities;

- Failing to ensure one of the conditions for permission to operate educational activities as stipulated in Clauses 2 and 3, Article 5 of Decree 46/2017/ND-CP, specifically failing to ensure one of the following conditions:

+ Having land, premises, physical facilities, and equipment that meet the requirements for maintaining and developing educational activities;

+ Having adequate and properly structured management staff, teachers, and employees meeting the standards to ensure the implementation of the preschool education program and the organization of educational activities.

- The person granting permission for educational activities is not authorized;

- Failing to implement educational activities within one year from the date of permission for educational activities;

- Violating regulations on administrative sanctions in the education field at a level requiring suspension according to current regulations;

- Other cases as prescribed by law.

What are cases of suspension of educational acitivities of preschools in Vietnam?​ (Image from Internet)

What is the authority and procedure for suspending educational activities of a preschool in vietnam?

According to Clauses 2 and 3, Article 8 of Decree 46/2017/ND-CP, the authority and procedure for suspending educational activities of a preschool are as follows:

- Authority to suspend: Head of the Department of Education and Training.

- Procedure:

Step 1: Upon detecting violations, the Head of the Department of Education and Training decides to establish an inspection team, organizes an inspection, prepares an inspection record to evaluate the actual situation, and informs the preschool of the violation;

Step 2: Within 10 working days from the date of informing the preschool about the detected violation, the Head of the Department of Education and Training considers deciding whether to suspend educational activities or not;

The decision to suspend educational activities of a preschool must clearly state the reason for suspension, suspension period, and measures to ensure the legal rights and interests of children, teachers, staff, and must be publicly announced on mass media;

After the suspension period, if the preschool rectifies the causes leading to the suspension, the Head of the Department of Education and Training considers and decides to allow the educational activities to resume and must be publicly announced on mass media. If educational activities are not allowed to resume, a written notice must be sent to the school, clearly stating the reasons and solutions;

What are the consequences if a preschool in Vietnam fails to address the reasons for the suspension of educational activities by the deadline?

Based on point b, Clause 1, Article 9 of Decree 46/2017/ND-CP, the regulation is as follows:

Dissolution of Kindergarten, Preschool, Nursery School

1. A kindergarten, preschool, nursery school is dissolved if it falls into one of the following cases:

a) Serious violation of regulations on the organization and activities of the kindergarten, preschool, nursery school;

b) Expiration of the suspension period of educational activities indicated in the suspension decision without rectifying the causes leading to the suspension;

c) The objectives and operational contents in the establishment decision or permission to establish the kindergarten, preschool, nursery school are no longer suitable with socio-economic development demands;

d) At the request of the organization or individual that proposed the establishment of the kindergarten, preschool, nursery school.

...

Thus, if a preschool does not adress the causes leading to suspension after the suspension period ends, the preschool will be dissolved.

What are the conditions for a preschool to conduct educational activities in Vietnam?

Based on Article 5 of Decree 46/2017/ND-CP (amended by Clause 2, Article 1 of Decree 135/2018/ND-CP), the conditions for a preschool to conduct educational activities are as follows:

(1). Having a decision of establishment or permission for establishment by the Chairman of the district-level People's Committee.

(2). Having land, premises, physical facilities, and equipment that meet the requirements for maintaining and developing educational activities, specifically:

- The kindergarten, preschool, nursery school should be located in residential areas ensuring safety and environmental hygiene regulations;

- The area of the land plot for construction includes: construction area; playground area; green area, and pathways. The minimum average land area is 12 m2 per child in delta and midland areas (except cities and district-level towns); 08 m2 per child in cities, district-level towns, mountainous and island areas;

- The premises of the kindergarten, preschool, nursery school must have a separating wall from the outside;

- The construction structure includes:

+ Group rooms and kindergarten classrooms: activity rooms, sleeping rooms, restrooms, playground ensuring the proper standards;

+ Learning support rooms: physical education room, art education room, or multipurpose room;

+ Food service rooms: kitchen and storage area;

+ Administrative and management rooms include: school office, principal's office, vice-principal's office, administrative management office, health room, security room, staff room, restrooms for teachers, staff, storage for teachers, staff, and parking for teachers, staff;

+ Playgrounds include: individual group/class playgrounds; common playground[9].

- Having equipment, toys, materials, and care and education documents for children according to the Ministry of Education and Training regulations.

(3). Having adequate and properly structured management staff, teachers, and employees meeting the standards to ensure the implementation of the preschool education program and the organization of educational activities.

(4). Having sufficient financial resources to ensure the maintenance and development of educational activities.

(5). Having regulations on the organization and operation of the kindergarten, preschool, and nursery school.