Latest organizational structure of preschools in Vietnam

Latest organizational structure of preschools in Vietnam (Internet image) 

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

1. Latest organizational structure of preschools in Vietnam

According to Article 8 of the Charter issued with Circular 52/2020/TT-BGDDT, the organizational structure of a preschool includes school council, principal and vice-principal; emulation and commendation council; disciplinary committee; advisory council; Vietnam Communist Party organization, Union organization, Ho Chi Minh Communist Youth Union organization; divisions of specialities, offices; junior and senior classes. kindergarten classes.

2. Regulations on the Preschool Council in Vietnam

Regulations on the Preschool Council in Vietnam according to Article 9 of the Charter issued with Circular 52/2020/TT-BGDDT are as follows:

- School councils of public preschools

+ A school council of a preschool is the managerial organization of the school that exercises the ownership representative rights of the school and related parties; take responsibility to decide the direction of operation of the school; mobilize and supervise the use of resources meant for the school; associate the school with the community and society, ensuring the implementation of educational objectives in accordance with regulations of the law.

+ Compositions of school councils and procedures for their establishment

++ The composition of a school council includes the provincial secretary; principal; Union chairperson; secretary of Ho Chi Minh Communist Youth Union; representatives of divisions of specialities, offices; representative of the local government, and representative of the parent representation committee. The school council shall have a chairman, secretary, and other members. The number of members shall be an odd number, with the minimum being 7 and the maximum being 13 members.

++ The principal shall rely on the organizational structure, tasks, entitlements, and operations of the school council to make a list of personnel recommended by teachers and organizations or unions of the school and present it to the Chairman of the People's Committee of the district for consideration of establishment decision. The term of office of the school council is 5 years.

If there are changes in the personnel, the principal shall request a competent authority to issue supplement decisions and school council consolidation in writing.

+ Tasks and entitlements of school councils

Resolve on annual objectives, development strategies, and operation plans of the school; resolve regulations on organization and operations of the school; consider, amend, and supplement regulations of the school and present them to competent authorities for approval; resolve on the organization and personnel; resolve on policies on finance and asset use of the school.

Supervise operations of the school; supervise the process of implementing solutions of the school council and the implementation of democratic regulations in operations of the school.

+ Operations of school councils

The school council shall be convened for a meeting at least 3 times per year. In necessary cases or when the principal or at least one-third of the number of the school council members request, the chairman of the school council shall hold an irregular meeting to solve issues that have arisen during the performance of tasks and entitlements of the school. The school council may hold a meeting by sending questionnaires.

A meeting of the school council is valid when at least 3/4 of the members of the council attend it (including the chairman). A resolution of the school council is approved and comes into force when at least 2/3 of the members vote for it. Resolutions of the school council shall be publicly disclosed in the entire school.

The principal shall implement resolutions or conclusions of the school council on the content prescribed in Point c Clause 1 of Article 9 of the Charter issued with Circular 52/2020/TT-BGDDT. If the principal does not agree with resolutions of the school council, he/she shall promptly and directly report and consult with the school's supervisory authority. While waiting to be consulted by the competent agency, the principal shall comply with resolutions of the school council for matters that are not against the current law and the Charter issued with Circular 52/2020/TT-BGDDT.

- School councils of people-founded preschools

+ A school council of a people-founded preschool is the organization that exercises the ownership representative rights of the school recommended by communities that founded the school; take responsibility to decide the direction of operation, master plans, development plans, organization, personnel, finance, and asset of the school, ensuring the implementation of educational objectives in accordance with regulations of the law.

+ Compositions of school councils and procedures for their establishment

The composition of a school council includes the representative of the community, representative of the commune-level local government, persons who contribute capital to construct and maintain operations of the school. The number of members of the school council shall be an odd number with at least 3 persons. 

The principal shall rely on the organizational structure, tasks, entitlements, and operations of the school council to make a list of personnel recommended by teachers and organizations or unions of the school and present it to the Chairman of the People's Committee of the district for consideration of establishment decision. The term of office of the school council is 5 years.

In case the number of members of the school number is reduced by more than 1/3 of the number prescribed in regulations on organization and operation of the school, the chairman of the school council shall hold a meeting to elect additional members for the school council within 30 days from the date of such event.

A member of the school council shall be discharged from duty when he/she is serving a court sentence or in serious violation of regulations on the organization and operation of the school.

A member of the school council shall be dismissed from duty or approved for resignation when he/she sends a written request for withdrawal from the school council; has limited capacity for civil acts; has poor health for current tasks.

+ Tasks and entitlements of school councils

Develop development plans for the school in accordance with regulations of the law.

Develop regulations on organization and operation of the school; consider, amend, and supplement regulations of the school when it is necessary.

Develop and issue regulations methods, standards, and limits for revenue and expenditure of the school in accordance with regulations of the law.

Mobilize investment capital for school construction; approve annual financial estimates and final settlements and supervise the management and use of finance and asset of the school.

Nominate and request for recognition or withdrawal of recognition of the principal or vice-principal and present it to competent authorities for consideration of issuance of decisions.

Approve general plans for organizational structure and issues related to the organization and personnel of the school.

Supervise the performance of resolutions of the school council, implementation of democratic regulations in operations of the school; supervise the principal and chief accountant complying with regulations.

+ Operations of school councils

The school council shall be convened for a meeting at least 3 times per year. A meeting of the school council will be held when at least 2/3 of the total number of members attend it. If the number of members is insufficient as prescribed in regulations, a second meeting shall be held within 7 days from the intended date of the first meeting.

In this case, the meeting will be conducted if there are more than half of the members attend it. The organization of an irregular meeting shall be decided by the chairman of the school council, but it must be agreed on by at least 1/3 of the number of members. The school council may hold a meeting by sending questionnaires.

A resolution of the school council shall be approved by votes or ballots in the meeting and comes into force when it is approved by more than half of the number of members of the school council. Resolutions of the school council shall be publicly disclosed in the school.

The principal shall implement resolutions or conclusions of the school council on the content prescribed in Point c Clause 2 of Article 9 of the Charter issued with Circular 52/2020/TT-BGDDT. If the principal does not agree with resolutions of the school council, he/she shall promptly and directly report and consult with the school's supervisory authority. While waiting to be consulted by the competent agency, the principal shall comply with resolutions of the school council for matters that are not against the current law and this Charter.

- School councils of private preschools

+ A school council of a private preschool is the managerial organization that exercises the representative rights of the investors and related parties; take responsibility to implement the direction of operation of the investors, master plans, development plans, organization, personnel, finance, and asset, ensuring the implementation of educational objectives in accordance with regulations of the law.

+ Compositions of school councils and procedures for their establishment

The composition of a school council includes the representative of the investors and members inside and outside the school. The number of members of the school council shall be an odd number with at least 3 persons. The term of office of the school council is 5 years.

The school council shall be elected and decided by the investors according to their capital contribution rate; the Chairman of the People's Committee of the district shall issue the decision on establishment of the school council. The board of investors shall decide on the supplement and change of the members.

In case the number of members of the school council is reduced by more than 1/3 of the number prescribed in regulations, the chairman of the school council shall hold a meeting with the investors to elect additional members of the council within 30 days from the date of such event.

A member of the school council shall be discharged from duty when he/she is serving a court sentence; seriously violates regulations on the organization and operation of the school; receives written request for discharge from duty from more than half the total number of investors.

A member of the school council shall be dismissed from duty or approved for resignation when he/she sends a written request for withdrawal from the school council; has limited capacity for civil acts; has poor health for current tasks.

The composition of school the council of a private preschool that does not operate for profit is invested by domestic investors including representatives of investors elected and decided by the board of investors according to the capital contribution rate; members inside and outside the school.

Members in the school include inherent members which is the provincial secretary, Union chairperson, and principal; elected members which is the representative of teachers and workers elected by the general conference or conference of delegates of the school. Members outside the school including representatives of managers, educators, businesspeople, and former students elected by the general conference or conference of delegates of the school.

+ Tasks and entitlements of school councils

Develop development plans for the school in accordance with regulations of the law.

Resolve the approval of regulations on the organization and operation of the school; consider, amend, and supplement regulations of the school when it is necessary.

Approve annual financial estimates and final settlements and supervise the management and use of finance and asset of the school.

Approve general plans for organizational structure and issues related to the organization and personnel of the school. Nominate and request recognition or withdrawal of recognition of the principal or vice-principal and present it to competent authorities for consideration of issuance of decisions.

Supervise the performance of resolutions of the school council, implementation of democratic regulations in operations of the school; supervise the principal and chief accountant complying with regulations.

+ Operations of school councils

The school council shall be convened for a meeting at least 3 times per year.

A meeting of the school council will be held when at least 2/3 of the total number of members attend it. If the number of members is insufficient as prescribed in regulations, a second meeting shall be held within 7 days from the intended date of the first meeting. In this case, the meeting will be conducted if there are more than half of the members attend it.

The organization of an irregular meeting shall be decided by the chairman of the school council, but it must be agreed on by at least 1/3 of the number of members. The school council may hold a meeting by sending questionnaires.

A resolution of the school council shall be approved by votes or ballots in the meeting and comes into force when it is approved by more than half of the number of members of the school council. In the event of a tie, the chairman of the council shall have the casting vote. Resolutions of the school council shall be publicly disclosed in the school.

The principal shall implement resolutions or conclusions of the school council on the content prescribed in Point c Clause 3 of Article 9 of the Charter issued with Circular 52/2020/TT-BGDDT. If the principal does not agree with resolutions of the school council, he/she shall promptly and directly report and consult with the school's supervisory authority.

While waiting to be consulted by the competent agency, the principal shall comply with resolutions of the school council for matters that are not against the current law and the Charter issued with Circular 52/2020/TT-BGDDT.

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