Eligibility requirements for establishment of independently-run nursery groups or preschool classes in Vietnam

Eligibility requirements for establishment of independently-run nursery groups or preschool classes in Vietnam
Lê Trương Quốc Đạt

What are the eligibility requirements for establishment of independently-run nursery groups or preschool classes in Vietnam? - Khanh Chi (Long An)

Eligibility requirements for establishment of independently-run nursery groups or preschool classes in Vietnam

Eligibility requirements for establishment of independently-run nursery groups or preschool classes in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Eligibility requirements for establishment of independently-run nursery groups or preschool classes in Vietnam

Eligibility requirements for establishment of independently-run nursery groups or preschool classes in Vietnam according to Article 10 of Decree 46/2017/ND-CP (amended in Decree 135/2018/ND-CP) are as follows:

- Have a staff of teachers satisfying qualification standards as regulated.

- Provide child care, fostering and education rooms that must ensure safety; the area for child care, fostering and education activities must be at least 1.5 m2 per a child; play spaces, fences and guard doors used for protecting safety for children;

Spaces for serving meals to children which are required to have separate kitchens that must meet regulatory safety standards as well as comply with fire prevention and food safety regulations. Provide a clean and adequate amount of tap water and drinking water for children as prescribed by laws.

- Amenities necessary for an independent nursery group:

+ Basic amenities for children such as activity and play mattresses or carpets, nap beds, blankets, pillows, mosquito nets, drinking water containers, supplies, toys and toy storage racks, child towel racks and cup holders, infant potty chairs and materials used for play and deliberate play and practice activities; 

+ Materials for child carers, including instructional kits for child care and education activities; child progress monitoring record-books; record-books for monitoring of assets of the nursery group; materials used for promotion of parents’ knowledge about child care and education.

- Amenities necessary for an independent preschool class:

+ Basic amenities for children such as

++ Desks and chairs meeting stipulated standards for children, especially those under 5 years: sets of one desk and two chairs for two children;

++ One desk, one chair and one whiteboard for teachers;

++ Supplies, toys and shelves for storage;

++ Drinking and tap water tanks;

++ Materials used for deliberate play and educational activities;

There must be wooden sleeping boards or beds, blankets, pillows, mosquito nets and fans for children’s nap in semi-boarding classes;

+ Materials for kindergarten teachers, including

++ Instructional kits for child care and education activities;

++ Child progress monitoring record-books;

++ Journals for monitoring of daily child education activities;

++ Materials used for promotion of parents’ knowledge about child care and education.

- As for areas where the network of early childhood education schools has yet to match preschooling demands, individuals may organize child groups in order to meet parents' demands for child care, fostering and education activities and register such activities with the commune-level People's Committees as well as conform to eligibility requirements for registration of their operations, including:

+ The maximum number of children per a group is 07 children;

+ Carers of preschoolers must have good health, have full capacity for civil conducts and have obtained the certificate of completion of the further improvement course in child care and parenting practices in accordance with applicable regulations;

+ The nursery group must satisfy the minimum facility requirements as follows:

++ It must have the child care and parenting room that covers a minimum area of 15 m2;

++ It must ensure safety, well-ventilated space and fresh air;

++ It must be furnished with safe supplies and toys suitable for children of particular ages;

++ It must provide an adequate amount of personal supplies and equipment used for child care and parenting activities; provide sufficient tap water and drinking water daily for children;

++ It must have toilet rooms and appliances intended for children;

++ It must provide instructional materials for child care and education practices.

2. Procedures for establishment of an independently-run nursery group or preschool class in Vietnam

Procedures and documentation requirements for establishment of an independently-run nursery group or preschool class according to Article 11 of Decree 46/2017/ND-CP (amended in Decree 135/2018/ND-CP) are as follows:

- The President of the commune-level People’s Committee shall be vested with authority to grant the decision to approve establishment of an independent nursery group and preschool class.

- Documentation submitted to request approval of establishment of a nursery group and preschool class shall be composed of the following:

+ The request form for permission for establishment of an independently-run nursery group or preschool class;

+ The non-public or private kindergarten, preschool and nursery school may rent unused head offices, facilities and equipment which are state-controlled or owned by public educational institutions for the purpose of organization of educational activities as per applicable laws and regulations;

+ The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of teacher’s or carer’s degree or certificate.

-  Implementation procedures:

+ The organization or individual shall send 01 set of documents referred to in Clause 2 of Article 11 of Decree 46/2017/ND-CP (amended in Decree 135/2018/ND-CP), whether directly or by post, to the commune-level People’s Committee;

+ The commune-level People’s Committee shall handle and assess the submitted set of documents. 

If the submitted set of documents has been found illicit, a written notification of contents that require modification must be sent to the applicant within the permitted duration of 05 business days of receipt of these documents;

If such submitted documents have been judged valid, the written request for field inspection of eligibility requirements for establishment of an independent nursery group or preschool class must be sent to the Subdepartment of Education and Training;

+ Within the maximum period of 10 business days, the Subdepartment of Education and Training shall conduct the requested field inspection and submit its written opinions to the commune-level People’s Committee to define whether or not the independent nursery group or preschool class satisfies regulatory requirements for establishment;

+ Within the duration of 05 business days of receipt of the written response from the Subdepartment of Education and Training, the President of commune-level People’s Committee shall issue a decision on establishment or approval of establishment;

In case of refusal to issue the decision, a written notification in which reasons for refusal to issue the decision on establishment or approval of establishment should be clearly specified shall be sent to the applicant and the Subdepartment of Education and Training.

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