Regulations on dissolution of a kindergarten, preschool and nursery school in Vietnam

Regulations on dissolution of a kindergarten, preschool and nursery school in Vietnam (Internet image)

1. Regulations on dissolution of a kindergarten, preschool and nursery school in Vietnam

Regulations on dissolution of a kindergarten, preschool and nursery school in Vietnam according to Article 9 of Decree 46/2017/ND-CP are as follows:

- A kindergarten, preschool or nursery school shall be closed when one of the following situations occurs:

+ The school has committed serious violations against applicable regulations on organization or operation of a kindergarten, preschool or nursery school.

+ Upon expiration of the duration of suspension of educational operations specified in the suspension decision, causes of such suspension have not yet been corrected;

+ Educational objectives and contents specified in the establishment decision or the decision on permission for establishment of a kindergarten, preschool or nursery school have no longer matched socio-economic development demands;

+ The school is dissolved at the request of the organization or individual that submitted application for establishment of a kindergarten, preschool or nursery school.

- The President of the district-level People’s Committee shall be vested with authority to issue a decision on dissolution of a kindergarten, preschool or nursery school.

- Documentation submitted to request approval of dissolution of a kindergarten, preschool or nursery school shall be composed of the following:

+ The decision on establishment of the inspection team issued by the district-level People’s Committee;

+ The inspection report;

+ The request form for the school dissolution made by the Subdepartment of Education and Training which clearly defines reasons for request for dissolution and present evidences that the school has violated regulations laid down in Point a, b and c Clause 1 of this Article, or the request form for dissolution made by the organization or individual as the school founder that clarifies reasons for such dissolution and approaches to dealing with legal rights and benefits of children, teachers, officers and employees of the school; plans to deal with assets of the dissolved school.

- Implementation procedures:

+ The organization or individual that submitted the application for establishment of a kindergarten, preschool or nursery school shall send 01 set of documents to request dissolution, whether directly or by post, to the district-level People’s Committee;

+ When discovering, or receiving any report from an authority, organization or individual on, the school’s commission of any violation against regulations laid down in Point a, b and c Clause 1 of this Article, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training to undertake and cooperate with relevant subdepartments in verification and completion of preparation of the dissolution documentation which must clarify reasons for such dissolution, and notify the school requesting for dissolution and report to the district-level People’s Committee within the permitted duration of 20 business days; 

+ Within the maximum duration of 10 business days of receipt of the request documentation for such dissolution, the President of the district-level People’s Committee shall consider whether or not a decision on dissolution of the kindergarten, preschool or nursery school is granted; 

+ The decision to dissolve a kindergarten, preschool or nursery school must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of school children, teachers, officers and employees, or plans to deal with the school's property, and ensure public disclosure, transparency as well as must be made known to the public through mass media.

2. Regulatory requirements for establishment of public kindergartens, preschools or nursery schools in Vietnam

Regulatory requirements for establishment of public kindergartens, preschools or nursery schools; permission for establishment of non-public or private kindergartens, preschools or nursery schools in Vietnam according to Article 3 of Decree 46/2017/ND-CP are as follows:

- The proposal for establishment of a kindergarten, preschool or nursery school must be consistent with the local socio-economic and educational network development plan approved by the state regulatory authority.

- The proposal for establishment of a kindergarten, preschool or nursery school must clearly define preschool objectives, missions, curriculum framework and outline; land, facilities, equipment and intended construction site; organization and personnel structure, financial and other resources; guidelines and strategies for construction and development.   

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE