Which document stipulates regulations on dissolution of preschools in Vietnam? What are cases of dissolution of preschools in Vietnam?

Which document stipulates regulations on dissolution of preschools in Vietnam?

Based on Article 1 of Decree 46/2017/ND-CP, the scope of this decree is as follows:

Scope of Regulation

1. This Decree stipulates the conditions for investment and operation in the educational sector, including:

a) Establishing, allowing to establish, merging, dividing, separating, dissolving; authorizing educational activities, suspending educational activities for: Pre-school educational institutions; general educational institutions; regular educational institutions; special schools; universities, academies (hereinafter collectively referred to as universities);

b) Establishing, allowing to establish, merging, dividing, separating, dissolving pedagogical intermediate schools, pedagogical colleges; registering, supplementing registration of vocational education activities for teacher training fields; issuing, revoking, suspending vocational education accreditation certificates for teacher training fields at the intermediate and college levels;

c) Establishing, allowing to establish; registering educational quality accreditation activities; registering to supplement educational quality accreditation activities; suspending educational quality accreditation activities; dissolving educational quality accreditation organizations;

d) Registering for a business license for study abroad consulting services; suspending business of study abroad consulting services; revoking the business license for study abroad consulting services.

2. The conditions for investment and operation of educational institutions with foreign investment, representative offices of foreign educational institutions in Vietnam, branches of educational institutions with foreign investment; transnational educational cooperation activities are implemented according to the regulations of the Decree on foreign cooperation and investment in the educational sector.

As such, the dissolution of a kindergarten will be carried out according to the provisions of Decree 46/2017/ND-CP.

Which document stipulates regulations on dissolution of preschools in Vietnam? What are cases of dissolution of preschools in Vietnam?​ (Image from the Internet)

What are cases of dissolution of preschools in Vietnam?​

Based on Clause 1, Article 9 of Decree 46/2017/ND-CP, the dissolution of kindergarten, preschool, and daycare centers is regulated as follows:

Dissolution of Kindergartens, Preschools, Daycare Centers

1. Kindergartens, preschools, daycare centers are dissolved in one of the following cases:

a) Serious violations of the regulations on the organization and operation of kindergartens, preschools, daycare centers;

b) Expiry of the suspension period of educational activities as mentioned in the suspension decision without correction of the reasons leading to the suspension;

c) Objectives and operational content in the establishment or permitted establishment decision of the kindergarten, preschool, daycare center no longer align with socioeconomic development requirements;

d) At the request of the organization or individuals who proposed the establishment of the kindergarten, preschool, daycare center.

...

Thus, according to the regulations, there are 4 cases where preschools can be dissolved including:

Case [1]: Serious violations of regulations on the organization, operation of kindergartens, preschools, daycare centers;

Case [2]: Expiry of the suspension period of educational activities as mentioned in the suspension decision without correction of the reasons leading to the suspension;

Case [3]: Objectives and operational content in the establishment or permitted establishment decision of the kindergarten, preschool, daycare center no longer align with socioeconomic development requirements;

Case [4]: At the request of the organization or individuals who proposed the establishment of the kindergarten, preschool, daycare center.

What are procedures for applying for dissolution of preschools in Vietnam?

Based on Clause 3, Article 9 of Decree 46/2017/ND-CP, the procedures for applying for dissolution of preschools in Vietnam are carried out as follows:

Application includes:*

[1] Decision on the establishment of the inspection team by the District People's Committee;

[2] Inspection minutes;

[3] Proposal for the dissolution of the kindergarten, preschool, daycare center by the Department of Education and Training, clearly stating the reason for the dissolution with accompanying evidence proving that the kindergarten, preschool, daycare center violated the regulations in Points a, b, and c of Clause 1, Article 9 of Decree 46/2017/ND-CP or a proposal for dissolution by the organization or individual establishing the kindergarten, preschool, daycare center, clearly stating the reason for dissolution, measures to resolve the rights and legal benefits of children, teachers, staff, and employees of the kindergarten, preschool, daycare center; plan for handling the school's assets.

Procedures:*

Step 1: Organizations or individuals who proposed the establishment of the kindergarten, preschool, daycare center submit directly or by post 01 set of documents proposing the dissolution to the District People's Committee;

Step 2: In case of detection or report from agencies, organizations, or individuals about the kindergarten, preschool, daycare center committing violations stated in Points a, b, and c of this Clause, the District People's Committee is responsible for directing the Department of Education and Training to take the lead, cooperate with relevant departments within 20 working days to inspect, verify, and prepare dissolution documentation stating the reason for the dissolution, notify the kindergarten, preschool, daycare center and report to the District People's Committee;

Step 3: Within 10 working days from the date of receipt of the dissolution proposal documentation, the Chairman of the District People's Committee shall consider and decide whether to dissolve the kindergarten, preschool, daycare center;

Step 4: The decision to dissolve the kindergarten, preschool, daycare center must clearly state the reason for dissolution, stipulate measures to ensure the rights, legal interests of children, teachers, staff, and employees in the school; plan for handling the school's assets, ensure publicity, transparency, and must be publicly announced in the mass media.

Additionally, the authority to decide on the dissolution of a preschool will be the Chairman of the District People's Committee.