What is the position of independent preschools in Vietnam?

What is the position of independent preschools in Vietnam?

Based on Article 2 of the Regulation on Organization and Operation of Independent Nursery Groups, Independent Preschool Classes, Independent Preschools of the People-found and Private Type, issued with Circular 49/2021/TT-BGDDT:

Position of Independent Preschool Educational Institutions

An independent preschool institution is an institution belonging to the national education system, invested in physical facilities and operational conditions by investors or the community.

Thus, an independent preschool holds the position of a preschool educational institution within the national education system.

What are the duties and powers of an independent preschool in Vietnam?

Based on Article 3 of the Regulation on Organization and Operation of Independent Nursery Groups, Independent Preschool Classes, Independent Preschools of the People-found and Private Type, issued with Circular 49/2021/TT-BGDDT, an independent preschool has the following duties and powers:

- Develop a plan to implement the preschool education program issued by the Minister of Education and Training; mobilize, use, and manage resources to implement preschool education goals, contributing alongside the State to care for the educational cause, meeting social demands.

- Organize the nurturing, caring for, and educating children from 3 months old to 6 years old according to the preschool education program.

- Ensure the implementation of children's rights and duties.

- Manage and train the team of teachers and staff; those who nurture, care for, and educate children; ensure the quality of nurturing, caring for, educating, and physical and mental safety for children.

- Manage children; organize inclusive education for children with special circumstances, and children with disabilities (if any).

- Report periodically and unexpectedly as regulated and required by management agencies.

- Perform other duties and powers as prescribed by law.

What is the position of independent preschools in Vietnam?​ (Image from the Internet)

Who has the authority to decide the establishment of an independent preschool in Vietnam?

Based on Article 52 of the Law on Education 2019 stipulating the authority and procedures for establishment or approval of establishment; permission for educational activities, suspension of educational activities; merger, division, separation, dissolution of schools as follows:

Authority and Procedures for Establishment or Approval of Establishment; Permission for Educational Activities, Suspension of Educational Activities; Merger, Division, Separation, Dissolution of Schools

1. Authority to establish public schools and approve the establishment of semi-public and private schools is specified as follows:

a) The Chairman of the District People's Committee decides for kindergartens, preschools, primary schools, lower secondary schools, composite schools with the highest grade level being lower secondary, and semi-boarding ethnic minority schools, except in cases specified at point d of this item;

b) The Chairman of the Provincial People's Committee decides for upper secondary schools, composite schools with the highest grade level being upper secondary, boarding ethnic minority schools, and intermediate schools within the province, except in cases specified at points c and d of this item;

c) The Minister or Head of a Ministry or a Ministry-level agency decides for intermediate schools directly under their authority;

d) The Minister of Education and Training decides for preparatory colleges, pedagogical colleges, and schools directly under the Ministry; kindergartens, preschools, primary schools, lower secondary schools, upper secondary schools established at the request of foreign diplomatic missions, international organizations, and joint ventures involving the Government of Vietnam;

e) The Minister of Labor, Invalids, and Social Affairs decides for colleges, except pedagogical colleges;

f) The Prime Minister decides for higher education institutions.

2. The Minister of Education and Training permits the educational activities of higher education institutions. The authority to permit educational activities for schools at other educational levels and training degrees is implemented according to regulations by the Government of Vietnam.

3. The person empowered to establish or approve the establishment of a school has the authority to revoke the establishment or approval decision, merge, divide, separate, or dissolve the school. The person empowered to permit educational activities has the authority to decide on the suspension of educational activities.

In case of school mergers involving different levels of establishment authority, the higher authority decides; if the levels of establishment authority are equal, the equal authorities agree on a decision.

4. The Government of Vietnam details conditions and procedures for establishment or approval of establishment; permission for educational activities, suspension of educational activities; merger, division, separation, and dissolution of schools specified in Articles 49, 50, 51, and 52 of this Law.

The Chairman of the District People's Committee decides regarding kindergartens and preschools.

Thus, the establishment of an independent kindergarten will be decided by the Chairman of the District People's Committee.