Will a preschool in Vietnam be suspended from operation if it is allowed to operate without proper authorization?

Will a preschool in Vietnam be suspended from operation if it is allowed to operate without proper authorization?

Based on Article 8 of Decree 46/2017/ND-CP stipulating the suspension of educational activities of kindergartens, preschools, and childcare centers:

Suspension of educational activities of kindergartens, preschools, and childcare centers

1. Kindergartens, preschools, and childcare centers will be suspended when one of the following cases occurs:

a) Acts of fraud to be allowed to operate educational activities;

b) Failing to meet any of the conditions for being allowed to operate educational activities as stipulated in Clauses 2 and 3 of Article 5 of this Decree;

c) The person granting permission for educational activities is unauthorized;

d) Failure to initiate educational activities within 1 year from the date permission is granted;

dd) Violations of the regulations on administrative penalties in the field of education to the extent of suspension as per current regulations;

e) Other cases as prescribed by law.

2. The Head of the Department of Education and Training decides on the suspension of educational activities of kindergartens, preschools, and childcare centers.

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The above regulation indicates that the person granting permission for educational activities without proper authority is one of the cases subject to suspension.

Thus, according to the above regulation, if a preschool operates but is permitted without proper authority, it will be suspended.

Additionally, The Head of the Department of Education and Training decides on the suspension of educational activities of kindergartens, preschools, and childcare centers.

Will a preschool in Vietnam be suspended from operation if it is allowed to operate without proper authorization?​ (Image from the Internet)

What is the procedure for suspending educational activities of preschools in Vietnam?

Based on Clause 3, Article 8 of Decree 46/2017/ND-CP:

Step 1: Upon discovering that a kindergarten, preschool, or childcare center violates one of the cases stipulated in Clause 1, Article 8 of Decree 46/2017/ND-CP, the Head of the Department of Education and Training decides to establish an inspection team, conducts inspections, drafts inspection reports evaluating the actual situation, and notifies the kindergarten, preschool, or childcare center about the violation;

Step 2: Within 10 working days from the date of notification to the kindergarten, preschool, or childcare center of the violation, the Head of the Department of Education and Training considers whether to suspend or not suspend educational activities;

Step 3: The decision to suspend educational activities of kindergartens, preschools, and childcare centers must clearly state the reason for suspension, suspension period, measures to ensure the rights and legitimate interests of children, teachers, staff, and employees in the school and must be publicly announced through mass media;

Step 4: After the suspension period, if the kindergarten, preschool, or childcare center rectifies the reasons leading to the suspension, the Head of the Department of Education and Training reviews and decides to allow educational activities to resume, which must be publicly announced through mass media. If permission to resume educational activities is not granted, a written notification stating the reasons and directions for resolution should be sent to the school.

What is the procedure for preschools in Vietnam to resume activities after suspension?

Based on Article 8 of Decree 46/2017/ND-CP, the process for preschools to resume activities after suspension is as follows:

* The application for resuming educational activities includes:

- A proposal for permission to resume educational activities;

- A decision to establish the inspection team;

- The inspection report.

* The process for permitting kindergartens, preschools, and childcare centers to resume educational activities is carried out according to the provisions of Clause 3, Article 6 of Decree 46/2017/ND-CP (amended by Clause 3, Article 1 of Decree 135/2018/ND-CP), specifically as follows:

Step 1: The kindergarten, preschool, or childcare center submits directly or via postal service 01 set of documents stipulated in Clause 2, Article 6 of Decree 46/2017/ND-CP to the Department of Education and Training;

Step 2: The Department of Education and Training receives and reviews the documents. If unsatisfactory, a written notification specifying the required corrections or supplements is sent to the kindergarten, preschool, or childcare center within 05 working days from the date of receipt; if conformable, a plan for actual inspection at the kindergarten, preschool, or childcare center is announced;

Step 3: Within 15 working days from the date of announcing the inspection plan, the Department of Education and Training, in cooperation with related specialized departments, organizes an actual inspection;

Step 4: Within 05 working days, if the kindergarten, preschool, or childcare center meets the stipulated conditions, the Head of the Department of Education and Training issues a decision allowing resumption of educational activities; if not, a written notification specifying the reasons is sent to the kindergarten, preschool, or childcare center.