Cases of dissolution of a kindergarten, preschool and nursery school in Vietnam

Specifically, according to Article 9 of Decree No. 46/2017/NĐ-CP of Vietnam’s Government, a kindergarten, preschool or nursery school shall be closed when one of the following situations occurs:

- The school has committed serious violations against applicable regulations on organization or operation of a kindergarten, preschool or nursery school.

- Upon expiration of the duration of suspension of educational operations specified in the suspension decision, causes of such suspension have not yet been corrected;

- Educational objectives and contents specified in the establishment decision or the decision on permission for establishment of a kindergarten, preschool or nursery school have no longer matched socio-economic development demands;

- The school is dissolved at the request of the organization or individual that submitted the application for establishment of a kindergarten, preschool or nursery school.

Documentation submitted to request approval of dissolution of a kindergarten, preschool or nursery school shall be composed of the followings: The decision on establishment of the inspection team issued by the district-level People’s Committee; The inspection report; The request form for the school dissolution made by the Sub-department of Education and Training or the request form for dissolution made by the organization or individual as the school founder that clarifies reasons for such dissolution and approaches to dealing with legal rights and benefits of children, teachers, officers and employees of the school; plans to deal with assets of the dissolved school.

The dissolution of a kindergarten, preschool and nursery school shall follow the following steps:

Step 1: Submitting dossier

The organization or individual that submitted the application for establishment of a kindergarten, preschool or nursery school shall send 01 set of documents to request dissolution, whether directly or by post, to the district-level People’s Committee.

When discovering, or receiving any report from an authority, organization or individual on, the school’s commission of any violation against regulations, the district-level People’s Committee shall be responsible for commanding the Sub-department of Education and Training to undertake and cooperate with relevant sub-departments in verification and completion of preparation of the dissolution documentation which must clarify reasons for such dissolution, and notify the school requesting for dissolution and report to the district-level People’s Committee within the permitted duration of 20 business days.

Step 2: Issuing the decision to dissolve a kindergarten, preschool or nursery school

Within the maximum duration of 10 business days of receipt of the request documentation for such dissolution, the President of the district-level People’s Committee shall consider whether or not a decision on dissolution of the kindergarten, preschool or nursery school is granted.

Nguyen Trinh

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