What are procedures for merging two preschools in Vietnam?

Is a preschool a public service provider in Vietnam?

Pursuant to Article 2 of the Charter of the Preschool issued together with Circular 52/2020/TT-BGDDT, the position of the preschool as follows:

Position of the preschool

A preschool is an education institution within the national education system, with legal personality, its own account, and its own seal.

In addition, pursuant to clause 1, Article 9 of the Law on Public Employees 2010, public service providers are stipulated as follows:

- A public service provider is an organization established by a state authority, political organization, or socio-political organization according to legal regulations, with legal personality, providing public services, serving state management.

Currently, there are 3 types of preschools: Public, people-founded, and private.

Only public preschools are invested by the State, have legal personality, operate without profit motives, use the state budget for activities, and perform functions (based on Article 4 of the Charter of the Preschool issued along with Circular 52/2020/TT-BGDDT).

Thus, according to the above regulations, public preschools are public service providers.

What are procedures for merging two preschools in Vietnam?​ (Image from the Internet)

What are procedures for merging two preschools in Vietnam?​

*Note: this is the case of merging two preschools that are public service providers.

Step 1: First, the reorganization of a public service provider, including the merger of public service providers, is specified in clause 2, Article 3 of Decree 120/2020/ND-CP as follows:

Explanation of terms

...

2. Reorganization of a public service provider is the arrangement and reorganization of public service providers in the forms of division, separation, merger, consolidation; or adjustment of names, positions, functions, and duties to form a new public service provider.

Also, because a public preschool is a public service provider, the merger of two preschools must meet the conditions in clause 2, Article 5 of Decree 120/2020/ND-CP as follows:

Conditions for establishment, reorganization, and dissolution of public service providers

...

2. Conditions for reorganization of public service providers

a) There are adjustments to functions, tasks, and powers to comply with national sector planning or the network plan of public service providers (if any) approved by the competent authority; ensuring improvement of operational efficiency and meeting the regulations on the minimum number of employees prescribed in point d, clause 1 of this Article;

b) Failure to meet the criteria for establishing a public service provider according to legal regulations;

c) The reorganization of units ensures that the current level of financial autonomy of the unit is not reduced; in the case of consolidating or merging financially autonomous public service providers at different levels, the level of financial autonomy of the public service provider after consolidation or merger is implemented according to the decision of the competent authority;

d) Public service unit abroad: Besides meeting one of the conditions specified in points a, b, and c of this clause, it must ensure compliance with the foreign policy of the Communist Party, the State, and the agreement between the Government of the Socialist Republic of Vietnam and the host country's Government regarding the reorganization and operation of the public service provider.

...

Thus, according to the above regulations, the process of merging two preschools must meet the following conditions:

[1] There are adjustments to functions, tasks, and powers to comply with national sector planning or the network plan of public service providers (if any) approved by the competent authority;

Ensuring improvement of operational efficiency and meeting the regulations on the minimum number of employees prescribed in point d, clause 1, Article 5 of Decree 120/2020/ND-CP;

[2] Failure to meet the criteria for establishing a public service provider according to legal regulations;

[3] The reorganization of units ensures that the current level of financial autonomy of the unit is not reduced; in the case of consolidating or merging financially autonomous public service providers at different levels, the level of financial autonomy of the public service provider after consolidation or merger is implemented according to the decision of the competent authority;

[4] Public service provider abroad: Besides meeting one of the conditions specified in points a, b, and c of clause 2, Article 5 of Decree 120/2020/ND-CP, it must ensure compliance with the foreign policy of the Communist Party, the State, and the agreement between the Government of the Socialist Republic of Vietnam and the host country's Government regarding the reorganization and operation of the public service provider.

Step 2: It is necessary to have a project on reorganizing (merging) two preschools that are public service providers according to Article 16 of Decree 120/2020/ND-CP, specifically as follows:

{1} Content of the project to reorganize public service providers includes:

- The contents specified in clause 2, Article 8 of Decree 120/2020/ND-CP;

- The current organization and operation status of the public service provider before reorganization;

- The plan to handle the organization structure, human resources, finance, assets, land, and other relevant matters;

- Documents from the competent authorities, organizations confirming the finances, assets, land, loans, liabilities, and other relevant matters (if any);

- Regulations on the responsibility of the head of the public service provider and related individuals for implementing the reorganization plan of the public service provider and the time limit for handling.

{2} Content of the proposal for reorganization of a public service provider is done as for the proposal for establishing a public service provider specified in Article 9 of Decree 120/2020/ND-CP.

Step 3: Prepare the dossier for merging two preschools that are public service providers as follows (based on Article 18 of Decree 120/2020/ND-CP):

(1) Scheme to reorganize or dissolve the public service provider;

(2) Proposal to reorganize or dissolve the public service provider;

(3) Draft document of the competent authority or individual deciding on the reorganization or dissolution of the public service provider;

(4) Documents from the competent authorities, organizations confirming completion of financial, asset, land obligations, loans, liabilities, and other relevant matters (if any) in case of dissolving the public service provider.

*Note: The process of soliciting feedback from relevant agencies, organizations; submitting and receiving dossiers; appraisal; dossier handling and time for resolving the reorganization or dissolution of the public service provider is to be carried out as prescribed for the establishment of a public service provider.

Which agency has the authority to decide on the merger of two public service provider preschools in Vietnam?

Pursuant to the provisions of Article 6 of the Charter of the Preschool issued together with Circular 52/2020/TT-BGDDT, which regulates state management levels for preschools as follows:

State management delegation

1. Preschools are established by the Chairman of the district-level People's Committee, and managed by the district-level People's Committee.

2. The Department of Education and Training assists the district-level People's Committee in performing state management functions regarding the nurturing, care, and education of preschools.

Thus, public preschools are managed by district-level People's Committees.

At the same time, Article 24 of Decree 120/2020/ND-CP regulates the authority of the district-level People's Committees to decide on reorganizing public service providers as follows:

Authority and responsibilities of provincial-level People's Committees, provincial-level People's Committee Chairs, district-level People's Committees

...

3. District-level People's Committees decide on establishment, reorganization, and dissolution, and regulate the functions, tasks, powers, and organizational structure of public service providers as stipulated in clause 5, Article 2 of this Decree according to the provisions of law and delegation from provincial-level People's Committees.

Thus, according to the above regulations, the authority to decide on the merger of two public service provider preschools belongs to district-level People's Committees.