What is a people-founded school according to the law in Vietnam? What are regulations on conditions and dossier for establishing a people-founded preschool in Vietnam in 2024?

What is a people-founded school according to the law in Vietnam?

According to Point b, Clause 1, Article 47 of the Law on Education 2019, a people-founded school is a school established by the local community, consisting of organizations and individuals at hamlets, villages, communes, precincts, and commune-level towns, who invest in building infrastructure and ensuring operating conditions.

Currently, this type of school is only applicable to preschool education establishments.

What is a people-founded school according to the law in Vietnam? What are regulations on conditions and dossier for establishing a people-founded preschool in Vietnam in 2024?​ (Image from the Internet)

What are conditions for establishing a people-founded preschool in Vietnam in 2024?

Based on Article 3 of Decree 46/2017/ND-CP, the conditions for establishing a people-founded preschool are as follows:

Conditions for establishing public preschool, kindergarten, and nursery schools; permission to establish people-founded amd private kindergartens, and nurseries

1. There must be a scheme for establishing a preschool, kindergarten, or nursery that aligns with the socio-economic development planning and the educational institution network planning of the locality, approved by a competent state management agency.

2. The scheme for establishing the preschool, kindergarten, or nursery must clearly define objectives, tasks, educational programs and contents; land, infrastructure, equipment, proposed site for school construction; organizational structure, resources, and finance; strategic direction for development and growth.

From the above regulations, to establish a people-founded preschool, organizations or individuals must meet two conditions:

- Have a scheme for establishing a nursery that aligns with the socio-economic development planning and the educational institution network planning of the locality, approved by a competent state management agency;

- The scheme for establishing a nursery clearly defines objectives, tasks, educational programs and contents; land, infrastructure, equipment, proposed site for school construction; organizational structure, resources, and finance; strategic direction for development and growth.

What are the current procedures for establishing a people-founded preschool in Vietnam?

Firstly, regarding the authority to establish a people-founded preschool

According to Clause 1, Article 4 of Decree 46/2017/ND-CP, the Chairman of the people-founded Committee at the district level, including districts, towns, and provincial cities (commonly referred to as district-level people-founded Committee), is the competent authority to decide on the establishment of public preschools, kindergartens, and nurseries or permit the establishment of people-founded and private kindergartens and nurseries.

Secondly, regarding the application for establishment

Pursuant to Clause 2, Article 4 of Decree 46/2017/ND-CP (as amended by Decree 135/2018/ND-CP), the application for establishing a people-founded preschool includes:

- A proposal for establishment from the managing agency for public nurseries, or from organizations or individuals for people-founded nurseries, stating the necessity of establishment; name of the nursery; proposed location for the headquarters for child care, nurturing, and education;

- The scheme for establishing a preschool, kindergarten, or nursery;

Thirdly, regarding the procedure for implementation

Based on Clause 3, Article 4 of Decree 46/2017/ND-CP (as amended by Decree 135/2018/ND-CP), the procedure for establishing a people-founded preschool is prescribed as follows:

- The people-founded Committee at the commune level (collectively referred to as commune-level people-founded Committee) if proposing the establishment of a public preschool, kindergarten, or nursery; organizations, or individuals if proposing the establishment of people-founded or private preschools, kindergartens, or nurseries, must submit directly or via postal service one set of applications as prescribed to the district-level people-founded Committee;

- Within 5 working days from the date of receiving a complete and valid application, the district-level people-founded Committee is responsible for directing the Department of Education and Training to organize the appraisal of the conditions for establishing a nursery; within 15 working days, the Department of Education and Training will take the lead, cooperate with other relevant specialized departments to provide appraisal opinions, and submit to the Chairman of the district-level people-founded Committee;

- Within 5 working days from the date of receiving the written appraisal opinions from the Department of Education and Training and other relevant specialized departments, if the conditions are met as prescribed, the Chairman of the district-level people-founded Committee will issue a decision to establish or permit establishment; if the conditions are not met as prescribed, the Chairman of the district-level people-founded Committee will issue a written response stating the reasons.

Additionally, after 2 years from the date the decision to establish or permit establishment comes into effect, if the nursery is not allowed to operate educationally, the decision to establish or permit establishment will be annulled.