Procedures for establishing public preschool, granting permission to establish private and independent preschool in Vietnam

Procedures for establishing public preschool, granting permission to establish private and independent preschool in Vietnam (Image from the internet)

On October 5, 2024, the Government of Vietnam issued Decree 125/2024/ND-CP stipulating the conditions for educational investment and activities in Vietnam

Procedures for establishing public preschool, granting permission to establish private and independent preschool in Vietnam

(1) The Chairman of the People's Committee of the district, city, district-level town under the province (hereinafter referred to as the district-level People's Committee) decides to establish a public preschool or permit the establishment of a semi-public, private preschool.

(2) The dossier includes:

- Proposal for establishment or permit establishment of a preschool (according to Form No. 01 Appendix I attached to Decree 125/2024/ND-CP);

- Scheme for establishment or permit establishment of a preschool (according to Form No. 02 Appendix I attached to Decree 125/2024/ND-CP).

(3) Implementation procedure:

- The People's Committee of the commune, ward, commune-level town (hereinafter referred to as the commune-level People's Committee) (if proposing to establish a public preschool); organization or individual (if proposing to permit establishment of a semi-public, private preschool) submits 01 set of the dossier stipulated in (2) through the online public service portal or by postal service or directly to the district-level People's Committee;

- Within 05 working days from the date of receiving a complete dossier, if the dossier is not valid, the district-level People's Committee notifies in writing the content that needs amendment to the agency, organization, or individual proposing establishment or permit establishment of a preschool; if the dossier is valid, the district-level People's Committee directs the Department of Education and Training to organize the appraisal of conditions for establishment or permit establishment of a preschool;

- Within 15 days from the date of receipt of the directives from the district-level People's Committee, the Department of Education and Training presides, cooperates with relevant specialized departments, appraises the conditions for establishment or permit establishment of a preschool in the dossier; prepares an appraisal report to evaluate the compliance with regulations in (3); submits to the Chairman of the district-level People's Committee for consideration and decision;

- Within 05 working days from the date of receipt of the appraisal report from the Department of Education and Training, if conditions are met, the Chairman of the district-level People's Committee decides on the establishment or permit establishment of the preschool; if conditions are not met, notifies in writing the agency, organization, or individual proposing the establishment or permit establishment of a preschool and states clearly the reasons.

The decision on establishment or permit establishment of a preschool (according to Form No. 10 Appendix I attached to Decree 125/2024/ND-CP) is publicly announced in the mass media.

(4) After a period of 02 years from the effective date of the decision on establishment or permit establishment of a preschool, if the preschool is not permitted to operate educational activities, the Department of Education and Training reports to the Chairman of the district-level People's Committee to revoke the decision on establishment or permit establishment of the preschool.

(5) In the case of relocating the preschool's educational activities, it must meet the conditions and carry out procedures for establishment or permit establishment of a preschool, and permit the preschool to operate educational activities as stipulated in Decree 125/2024/ND-CP. In the proposal (according to Form No. 02 Appendix I attached to Decree 125/2024/ND-CP), the preschool must commit to inheriting the rights, obligations, and responsibilities of the preschool proposing relocation.

More details can be found in Decree 125/2024/ND-CP which comes into force in Vietnam from November 20, 2024.

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