Vietnam: Procedures for establishment of public kindergartens, preschools or nursery schools

Procedures for establishment of public kindergartens, preschools or nursery schools are specified in Article 3 of Decree No. 46/2017/NĐ-CP of Vietnam’s Government prescribing regulatory requirements for educational investment and business operation as follows:

1. Authority competent to decide on establishment:

The President of the People’s Committee of an urban/rural district or provincially-controlled town shall be accorded authority to grant the decision on establishment of a public kindergarten, preschool and nursery school, or permission for establishment of a non-public or private kindergarten, preschool and nursery school.

2. Submitted documentation, including:

- The application form for approval of establishment of a public kindergarten, preschool and nursery school, including:

+ Necessity for establishment;

+ Proposed name;

+ Location intended for construction of the premises for child care, parenting and education activities.

- The proposal for establishment of a kindergarten, preschool or nursery school that must clearly describe consistency with:

+ The socio-economic development plan and the plan for development of local educational network; objectives, missions, educational curriculum framework and program;

+ Land, facilities and equipment;

+ Organizational system and structure of teachers and administrative officers;

+ Financial and other resources; guidelines and strategies for construction and development, solutions to construction and development of the kindergarten, preschool or nursery school over periods of time.

+ Total proposed capital necessary for execution of plans, provide assurance that child care, parenting and education activities will be performed in a normal manner during 03 first years of establishment and subsequent years;

+ A clear explanation for feasibility and legitimacy of finances for construction and development of a kindergarten, preschool or nursery school over periods of time;

- The written document stating the policy for land allotment, or the agreement in principle on lease and rental of land and affixed building or facilities for construction of a kindergarten, preschool or nursery school of which the minimum term is 05 years;

- The draft general floor plan and preliminary design of architectural facilities built on the land plot intended for construction of a kindergarten, preschool or nursery school, or architectural design (in case the school head office already exists), which must ensure consistency with educational scales and standards of usable floor area used for performing child care, parenting and education activities.

3. Implementation procedures:

- The People’s Committee of a commune, ward or town (in case of application for approval of establishment of a public kindergarten, preschool or nursery school); organization or individual (in case of application for approval of establishment of a non-public or private kindergarten, preschool or nursery school) shall submit an application package, whether directly or by post, to the district-level People’s Committee;

- Within the duration of 20 business days of receipt of all required valid documents, the district-level People’s Committee shall be responsible for commanding the Sub-department of Education and Training and relevant specialized divisions to give their assessment opinions on submitted documents and their assessment of realistic conditions concerning establishment of a kindergarten, preschool or nursery school according to the prescribed subject matters and requirements;

- Within the duration of 15 business days of receipt of written assessment opinions from the Sub-department of Education and Training and other relevant specialized divisions, if all regulatory requirements have been met, the President of district-level People’s Committee shall issue a decision on establishment or approval of establishment; in case of failure to meet stated requirements, the President of the district-level People’s Committee shall send a written response in which reasons for refusal to issue the decision on establishment or approval of establishment should be clearly specified.

Decree No. 46/2017/NĐ-CP of Vietnam’s Government came into force from April 21, 2017.

- Ngoc Duyen -

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