What are the requirements for the location of a preschool in Vietnam when it is established? Is it correct that a preschool in Vietnam shall be fined up to VND 10 million if they organize activities outside of permitted locations?

What are the requirements for the location of a preschool in Vietnam when it is established?

Pursuant to clause 1, Article 5 of the Standard facilities of preschools, primary schools, lower secondary schools, upper secondary schools and mixed-level compulsory educational institutions issued by the Ministry of Education and Training issued together with the Circular 13/2020/TT-BGDDT

Location, Scale, Area

1. Requirements for the location of schools

a) Conform to the local educational development planning;

b) Ensure safety for children, staff, teachers, and employees in the surrounding environment;

c) Have convenient transportation connections for dropping off and picking up children; meet the requirements for fire and explosion prevention.

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The requirements for the location of preschools in Vietnam are as follows:

- Conform to the local educational development planning;

- Ensure safety for children, staff, teachers, and employees in the surrounding environment;

- Have convenient transportation connections for dropping off and picking up children; meet the requirements for fire and explosion prevention.

What are the requirements for the location of a preschool in Vietnam when it is established? Is it correct that a preschool in Vietnam shall be fined up to VND 10 million if they organize activities outside of allowed locations?​ (Image from the Internet)

Is it correct that a preschool in Vietnam shall be fined up to VND 10 million if they organize activities outside of permitted locations?

According to point a, clause 2, Article 6 of Decree 04/2021/ND-CP, the regulations on handling violations regarding the permission to operate educational activities, registration of vocational educational activities, registration, or recognition to perform educational services are as follows:

Violations of regulations on permission to operate educational activities, registration of vocational educational activities, registration, or recognition to perform educational services are subject to the following fines:

1. Fines for acts of failure to ensure one of the conditions for permission to operate educational activities, registration of vocational educational activities; registration, permission to operate or recognize the organization's performance of educational services are as follows:

a) A fine ranging from 5,000,000 VND to 10,000,000 VND for preschools;

b) A fine ranging from 10,000,000 VND to 20,000,000 VND for general education institutions, continuing education institutions, and organizations performing educational services;

c) A fine ranging from 20,000,000 VND to 30,000,000 VND for vocational training schools or colleges with teacher training programs;

d) A fine ranging from 30,000,000 VND to 40,000,000 VND for universities; academies, institutes permitted to train at the doctoral level.

2. Fines for organizing educational activities or performing educational services outside the permitted location, registration, or recognition are as follows:

a) A fine ranging from 5,000,000 VND to 10,000,000 VND for preschools;

b) A fine ranging from 10,000,000 VND to 20,000,000 VND for general education institutions, continuing education institutions, and organizations performing educational services;

c) A fine ranging from 20,000,000 VND to 40,000,000 VND for secondary schools or colleges with teacher training programs;

d) A fine ranging from 40,000,000 VND to 60,000,000 VND for universities; academies, institutes permitted to train at the doctoral level.

Thus, based on the above regulations, preschools organizing educational activities outside the permitted locations are subject to a fine ranging from 5,000,000 VND to 10,000,000 VND.

This fine is applicable to organizations according to point b, clause 3, Article 3 of Decree 04/2021/ND-CP.

Additionally, for the act of organizing preschool activities outside the permitted locations, the schools must carry out remedial measures by transferring students to the permitted or registered educational operation locations. (Based on clause 7, Article 6 of Decree 04/2021/ND-CP).

Does the Chairman of the Communal People's Committee in Vietnam have the authority to impose penalties on preschools operating outside permitted locations?

According to Article 39 of Decree 04/2021/ND-CP (amended by Clause 13, Article 1 of Decree 127/2021/ND-CP) as follows:

Classification of the Authority to Handle Administrative Violations

1. Authority to handle administrative violations of the Chairman of People's Committees at all levels:

a) The Chairman of the Communal People's Committees handle administrative violations stipulated in: Clause 1, Article 11; point a, clause 3, Article 14; point a, clause 1, Article 24; clause 1, Article 25; clause 1, Article 27; Article 29; point a, clause 1, Article 31 of this Decree;

b) The Chairman of the District People's Committees handle administrative violations stipulated in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Article 8; Clauses 1 and 2, points a and b, clause 3, points a and b, clause 4, clause 5, Article 9; Clauses 1, 2, 3, and points a, b, c, clause 4, Article 10; Articles 11, 12, 13, 14, 15, 16, 17, 18; Clauses 1 and 2, Article 19; Clauses 1 and 2, Article 20; sections 6 and 7, Chapter II; Articles 30, 31; clause 2, Article 32; Article 33; clause 1 and points a, b, c, clause 2, Article 34; acts of violation stipulated in points a, b, c, d, clause 3, Article 5 and clauses 3, 4, points a, b, and c, clause 5, Article 6; clause 4, Article 8 of this Decree except in cases where the violator is a foreigner;*

c) The Chairman of the Provincial People's Committees handle administrative violations stipulated in: Clauses 1 and 2, Article 5; Clauses 1 and 2, Article 6; Article 7; Clauses 1, 2, and 3, Article 8; Article 9; Article 10; sections 3, 4, 5, 6, 7, and 8, Chapter II; acts of violation stipulated in clause 3, Article 5 and clauses 3, 4, and 5, Article 6; clause 4, Article 8 of this Decree except in cases where the violator is a foreigner.

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As mentioned above, a fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of organizing preschool activities outside permitted locations.

Based on the authority to handle administrative violations of the Chairman of People's Committees at all levels, only the Chairman of the District People's Committees have the authority to handle cases where preschools operate outside permitted locations.