Vietnam: Suspension of educational operations of a kindergarten, preschool or nursery school

According to Article 8 of Decree No. 46/2017/NĐ-CP of Vietnam’s Government, a kindergarten, preschool or nursery school shall be subject to suspension of its educational operations if:

- it commits any fraudulent act in order to obtain a license for educational operations;

- it fails to meet one of the stipulated eligibility requirements for permission for educational operations in accordance with law;

- the license for its educational operations has been granted ultra vires;

- its educational activities have not been carried out within the duration of 01 year from the licensing date;

- it has committed any violation against regulations on imposition of penalties for administrative offenses arising from educational activities to the extent that the decision on suspension thereof is granted;

- otherwise prescribed by applicable laws and regulations.

The suspension of educational operations shall be carried out as follows:

Step 1: Establish the inspection team

Where it is established that the kindergarten, preschool or nursery school has committed one of the violations as prescribed, the Head of the Sub-department of Education and Training shall decide to establish the inspection team, organize inspection activities and make a report on the field inspection as well as warn the kindergarten, preschool or nursery school about any violation.

Step 2: Decide whether or not the educational operations be suspended

Within the duration of 10 business days from the date of issue of the warning about its violation which has been detected, the Head of the Sub-department of Education and Training shall decide whether or not its educational operations are suspended.

The decision to suspend educational operations of the kindergarten, preschool or nursery school must specify reasons for such suspension, duration of suspension, approaches to ensuring legal rights and benefits of school children, teachers, officers and employees and must be made known to the public through mass media.

Upon expiration of the duration of suspension, if the defaulting kindergarten, preschool or nursery school has succeeded in mitigating causes resulting in such suspension, the Head of the Sub-department of Education and Training shall consider granting a decision on permission for restoration of educational operations which must be made known to the public through mass media. In case of refusal to grant permission for restoration of educational operations, a written notice must be sent to the defaulting school, give clear reasons for such refusal and provide any possible solution.

Nguyen Trinh

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