What are requirements for establishing a new preschool from November 20, 2024 in Vietnam?

What are requirements for establishing a new preschool from November 20, 2024 in Vietnam?

According to the provisions in Article 3 of Decree 125/2024/ND-CP (effective from November 20, 2024), the conditions for establishing a public nursery, kindergarten, preschool, or for permitting the establishment of a people-founded, private nursery, kindergarten, preschool (hereinafter collectively referred to as preschool) are as follows:

- There must be a proposal for establishment or permission to establish the preschool that aligns with the provincial planning and related local planning where the preschool is headquartered.

- The scheme must clearly define the objectives, tasks, program and content of preschool education; land, facilities, equipment, and proposed construction site; organizational structure; resources and financials; strategic directions for building and developing the preschool.

What are requirements for establishing a new preschool from November 20, 2024 in Vietnam?​ (Image from the Internet)

What are procedures for establishing public, people-founded, private preschools in Vietnam?

The procedures for establishing a public preschool or permitting the establishment of a people-founded, private preschool are regulated in Article 4 of Decree 125/2024/ND-CP as follows:

- The Chairman of the People's Committee of the district-level city, town, or district within the province (hereinafter collectively referred to as the district-level People's Committee) decides on the establishment of a public preschool or permits the establishment of a people-founded, private preschool.

- The application dossier includes:

+ Proposal for the establishment or permission to establish a preschool (following Form No. 01 Appendix I attached to Decree 125/2024/ND-CP); Download

+ Scheme for establishment or permission to establish a preschool (following Form No. 02 Appendix I attached to Decree 125/2024/ND-CP); Download

- Implementation procedure:

+ The commune-level People's Committee (if proposing the establishment of a public preschool); organizations, individuals (if proposing permission to establish a people-founded, private preschool) submit 01 application dossier via the online public service portal, postal service, or directly to the district-level People's Committee;

+ Within 05 working days from the date of receipt of a complete dossier, if the dossier is invalid, the

(i) District-level People's Committee will notify in writing those contents that need amendment for the agency, organization, individual proposing establishment or permission to establish the preschool;

(ii) District-level People's Committee directs the Department of Education and Training to organize the assessment of conditions for establishment or permission to establish the preschool;

+ Within 15 days from receiving the directive from the district-level People's Committee:

(i) The Department of Education and Training presides and cooperates with related specialized departments to assess the conditions for establishment or permission to establish the preschool in the dossier;

(ii) Prepare an assessment report to evaluate the compliance with regulations in Article 3 of Decree 125/2024/ND-CP, submit to the Chairman of the district-level People's Committee for review and decision;

+ Within 05 working days from receiving the assessment report from the Department of Education and Training:

(i) If conditions are met, the Chairman of the district-level People's Committee makes a decision to establish or permit the establishment of the preschool;

(ii) If conditions are not met, a notification in writing is sent to the agency, organization, individual proposing establishment or permission to establish the preschool, indicating the reasons.

The decision to establish or permit the establishment of a preschool (following Form No. 10 Appendix I attached to Decree 125/2024/ND-CP) is publicly announced on mass media.

- After a period of 2 years from the date the decision to establish or permit the establishment of the preschool becomes effective, if the preschool is not permitted to operate educational activities, the Department of Education and Training reports to the Chairman of the district-level People's Committee to revoke the decision of establishment or permission to establish the preschool.

- In the case where the preschool relocates its educational activities, it must meet the conditions and perform the procedures for establishment or permission to establish the preschool, and for permission of preschool educational activities. In the proposal (following Form No. 02 Appendix I attached to Decree 125/2024/ND-CP), the preschool must commit to inherit the rights, obligations, and responsibilities of the preschool proposed for relocation.

Under what circumstances will a preschool in Vietnam be suspended from educational activities?

According to the provision in Clause 1, Article 7 of Decree 125/2024/ND-CP, a preschool will be suspended from educational activities under the following circumstances:

- Committing fraudulent acts to be granted permission for educational activities;

- The person authorizing educational activities lacks adequate authority;

- Educational activities are not initiated within 1 year from the date of being permitted for educational activities;

- Violating legal education regulations subject to administrative sanctions at the level requiring suspension of educational activities;

- Other cases prescribed by law.