What are conditions for establishing a private primary school in Vietnam?

What are conditions for establishing a private primary school in Vietnam?

Pursuant to Article 15 of Decree 46/2017/ND-CP:

To be permitted to establish a private primary school, the school must have a project to establish the school that aligns with the network planning of educational institutions approved by the competent state management agency, meets the socio-economic development needs of the locality, and facilitates children to attend school to ensure the implementation of universal primary education.

The establishment project identifies clear objectives, tasks, educational programs, facilities, equipment, location, and estimated land area for the construction of the school; the organization, resources, and finances; strategic directions to build and develop the school.

Who has the authority to grant permission to establish a private primary school in Vietnam?

Pursuant to Article 16 of Decree 46/2017/ND-CP:

Procedures for establishing a public primary school or permitting the establishment of a private primary school

1. The Chairperson of the district People's Committee decides on the establishment of public primary schools or permits the establishment of private primary schools.

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4. After a period of 02 years from the effective date of the decision to establish or permit the establishment, if the primary school is not allowed to operate in education, the Department of Education and Training shall report to the Chairperson of the district People’s Committee to decide to cancel the decision to establish or permit the establishment of the school.

Therefore, the person with the authority to permit the establishment of a private primary school is the Chairperson of the district People’s Committee.

Additionally, if the private primary school is not permitted to operate in education after a period of 02 years from the effective date of the decision to permit the establishment, the Department of Education and Training shall report to the Chairperson of the district People’s Committee to decide to cancel the decision to permit the establishment of the school.

What are conditions for establishing a private primary school in Vietnam?​ (Image from the Internet)

What are the procedures for permitting the establishment of a private primary school in Vietnam?

Pursuant to Article 8 of the Regulations on Primary Schools issued together with Circular 28/2020/TT-BGDDT:

Conditions, procedures for establishment; conditions for educational activities; merger, division, suspension of activities, dissolution of primary schools, and other educational institutions

1. Conditions, procedures for establishing public primary schools, permitting the establishment of private primary schools; conditions, procedures for primary schools to operate in education; merger, division of primary schools; suspension of educational activities for primary schools; dissolution of primary schools shall be implemented according to the regulations of the Government of Vietnam on conditions for investment and operation in the field of education.

2. Conditions, procedures for other educational institutions to implement primary education programs; suspension, revocation of permits for other educational institutions to implement primary education programs shall be implemented according to the regulations of the Government of Vietnam on conditions for investment and operation in the field of education.

3. Conditions for primary schools and other educational institutions to implement primary education programs must meet the minimum standards as per current regulations.

Pursuant to Article 16 of Decree 46/2017/ND-CP, amended by Clause 8 of Article 1 of Decree 135/2018/ND-CP, the procedures for permitting the establishment of a private primary school are as follows:

- Organizations or individuals wishing to establish a private primary school shall submit directly or by post 01 file as prescribed in Clause 2 of Article 16 Decree 46/2017/ND-CP to the Department of Education and Training;

- The Department of Education and Training receives the dossier. Within 05 working days from the date of receipt of the dossier, if the dossier is unsatisfactory, it shall notify in writing the contents that need to be amended or supplemented for the organization or individual.

Within 15 working days from the date of receipt of a complete and valid dossier, the Department of Education and Training shall take the lead, in cooperation with relevant specialized departments, to evaluate the dossier and assess the actual conditions for permitting the establishment of the primary school.

If the conditions are met, the Head of the Department of Education and Training shall provide a written opinion and send the dossier requesting permission to establish the school to the district People’s Committee;

- Within 05 working days from the date of receipt of a complete and valid dossier, the Chairperson of the district People’s Committee shall decide to permit the establishment.

If the establishment permit is not granted, a written notice shall be given to the Department of Education and Training, the organization, and the individual requesting the establishment, specifying the reason.

Pursuant to Clause 2 of Article 16 Decree 46/2017/ND-CP, (amended and repealed by Article 1 and Article 2 of Decree 135/2018/ND-CP), the dossier includes:

- A written proposal for the establishment of the school;

- The school establishment scheme;

- The curriculum vitae accompanied by a copy issued from the original register, a certified copy from the original, or a copy with the original for comparison of valid diplomas or certificates of the proposed principal;