What are the requirements for primary school construction project for educational operations in Vietnam?

What are the requirements for primary school construction project for educational operations in Vietnam?

According to Clause 2, Article 17 of Decree 46/2017/ND-CP, amended by Clause 9, Article 1 of Decree 135/2018/ND-CP, the structure of requirements for primary school construction project for educational operations includes:

- Campus perimeter fence; school gate; school nameplate; classrooms; principal’s office, vice-principal’s office; office; meeting room, teachers’ room; library; educational equipment room; computer room; tradition and youth team activity room; school medical room; security room;

- Art education room; audiovisual learning room; student counseling room; support room for inclusive education of students with disabilities; physical education room or multifunctional gym;

- Sanitary facilities for teachers, students, and students with disabilities; garbage collection area and sanitary water supply and drainage system; parking area for students, teachers, and staff; playground area occupying no less than 30% of the school’s land area, ensuring student safety;

- Dining area and rest area ensuring health conditions for day-boarder students.

Additionally, some main condition groups for primary schools to meet educational activity requirements as stipulated in Article 17 of Decree 46/2017/ND-CP, amended by Clause 9, Article 1 of Decree 135/2018/ND-CP, include:

- Having a decision on the establishment or permission to establish the school.

- Land, school premises, facilities, and equipment meeting the requirements for educational activities. (The condition on the structure of primary school facilities falls into this group)

- The school’s location ensures a safe educational environment for students, teachers, and staff.

- Having a curriculum and educational materials prescribed for elementary education.

- Having a qualified, quantitatively sufficient, and structurally balanced team of teachers, managers, and staff to implement the education program.

- Having adequate financial resources as prescribed to maintain and develop educational activities.

Requirements for primary school construction project for educational operations in Vietnam (Image from the Internet)

How to handle the cases where primary school construction projects fail to meet requirements for educational operations in Vietnam?

According to Clause 1, Article 20 of Decree 46/2017/ND-CP, the suspension of educational activities for primary schools is regulated as follows:

Suspension of Educational Activities for primary schools

1. An primary school shall have its educational activities suspended in the following cases:

a) Fraudulent acts to obtain permission for educational activities;

b) Does not ensure one of the conditions for establishment or permission for establishment as stipulated in Article 15 of this Decree and fails to meet the operating conditions of elementary education stipulated in Article 17 of this Decree;

c) The person granting permission for educational activities is not authorized;

d) Fails to commence educational activities within one year from the date of permission;

e) Violates educational law regulations subject to administrative fines leading to suspension;

f) Other violations as prescribed by law.

2. The Head of the Department of Education and Training decides the suspension of educational activities for primary schools.

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When the structure of primary school facilities no longer meets educational activity requirements, the Head of the Department of Education and Training is authorized to decide the suspension of educational activities for the school.

What are the solution for primary schools failing to meet construction project requirements after the suspension period in Vietnam?

According to Article 21 of Decree 46/2017/ND-CP regulating the dissolution of primary schools:

Dissolution of primary schools

1. An primary school shall be dissolved in the following cases:

a) Serious violations of regulations regarding the organization and operation of the school;

b) The suspension period stated in the suspension decision has expired without resolving the reason for suspension;

c) The objectives and operational content in the establishment decision or permission for establishment are no longer suitable for local socio-economic development needs;

d) As requested by the organization or individual proposing the establishment of the primary school.

2. The Chairman of the District People’s Committee decides the dissolution of public primary schools and approves the dissolution of private primary schools.

3. The dossier includes:

a) For dissolution under points a, b, and c of clause 1 of this Article, the dossier includes:

- Proposal for dissolution by the Department of Education and Training;

- Suspension of educational activities dossier;

- Documents on the inability to resolve the cause of suspension;

- Establishment of an inspection team decision;

- Inspection minutes.

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When an primary school still fails to meet structural requirements after the suspension period, the school shall be dissolved. The Chairman of the District People’s Committee decides the dissolution of public primary schools and approves the dissolution of private primary schools.