Regulations on establishing kindergartens in Vietnam

by NguyenThiThuTrang

“Hello, Lawyer X. I am planning to open a private preschool. I have a question about the current regulations on establishing kindergartens in Vietnam. I hope you will reply soon to answer my questions”. Thank you for sending your question to Lawyer X. To be able to provide you with information on how to set up a preschool in Vietnam. We will answer your questions through the following article:

Decree 46/2017/ND-CP
Decree 135/2018/ND-CP
Circular 13/2015/TT-BGDĐT

Kinds of Kindergarten

Article 4 of Circular No. 52/2020/TT-BGDDT stipulating types of preschools:

Public preschools are invested by the State, ensure operating conditions and represent the owner.
People-founded preschools are built by local communities, including organizations and individuals in hamlets, hamlets, hamlets, villages, hamlets, phum, squirrels, communes, wards and townships, investing in building facilities and protecting them ensure operating conditions.
Private preschools are invested by domestic investors or foreign investors and ensure operating conditions.

What is a private kindergarten?

Private preschool is a type of preschool education established by the private sector to attract the number of children in kindergarten and kindergarten age, contributing to the state’s care in the cause of education and meeting social requirements.

Private preschools are established and operate with the permission of competent authorities, in compliance with the regulations of the Ministry of Education and Training and the law.

Conditions for establishing a private Kindergarten

According to Article 3 of Decree 46/2017/ND-CP, conditions for establishing public kindergartens, preschools and kindergartens; To permit the establishment of people-founded and private kindergartens, preschools and kindergartens:

Having a project on establishment of a kindergarten, preschool or nursery school in accordance with the socio-economic development planning and the planning on the network of educational institutions of the locality already approved by the competent state management agency approve.

The project on establishing kindergartens, preschools and kindergartens clearly defines educational objectives, tasks, programs and contents; land, physical facilities, equipment, proposed location for school construction; organizational structure, resources and finance; strategic direction of construction and development.

In addition, private preschools must meet additional conditions specified in Article 5 of Decree 46/2017/ND-CP, amended and supplemented by Decree 135/2018/ND-CP. Consists of:

There is a decision on establishment or approval of the establishment of the Chairman of the district People’s Committee;

Having land, facilities and equipment meeting requirements, maintaining and developing educational activities:

To be located in a residential area that ensures environmental safety and sanitation regulations;

The construction land area includes: Construction area; green areas, roads; playground area. Minimum average area of ​​12 m2/child for delta and midland areas (except cities and towns); 08 m2/child in the area of ​​cities, towns, high mountains and islands;

The campus has a wall separating it from the outside;

The structure of the building block includes:

Group room block, kindergarten class: Common room, bedroom, toilet, patio must comply with regulations;

Block of rooms for learning: Gymnasium, art education or multi-function room;

Kitchen and storage area;

Administrative office block: School office, administrative office, principal’s room, vice-principal’s room, health room, security room, staff room, restrooms for teachers, officials and employees , parking area for teachers, officials and employees;
Playground area includes: Group playground, class and common playground.

Having equipment, utensils, toys, care and education documents for children according to regulations of the Ministry of Education and Training;

Having a management team, teachers and employees sufficient in number, reasonable in structure and meeting the standards of ethical quality, professional qualifications and health to ensure the implementation of the preschool education program and the organization of the program educational activities;

Having sufficient financial resources as prescribed to ensure the maintenance and development of educational activities;

There are regulations on organization and operation.

The process of setting up a private kindergarten

Establishment profile

According to the provisions of Clause 2, Article 4 of Decree 46/2017/ND-CP, amended and supplemented by Clause 1, Article 1 of Decree 135/2018/ND-CP, the dossier includes:

A proposal for establishment of the governing body for public kindergartens, preschools and kindergartens; of an organization or individual, for a people-founded or private kindergarten, preschool, or nursery school, the necessity for establishment must be clearly stated; names of kindergartens, preschools, kindergartens; the proposed location for the head office of the child rearing, care and education organization;
Project on establishment of kindergartens, preschools and kindergartens. In the project, it is necessary to clearly state the estimated total capital to implement the plans and ensure the child rearing, care and education activities in the first 3 years of establishment and the following years, clearly explaining the nature of the children’s education. feasibility and legality of investment capital sources for the construction and development of kindergartens, preschools and kindergartens in each period

The order of execution

Organizations and individuals send 01 set of dossiers directly or by post to the district-level People’s Committees.

Within 5 working days from the date of receipt of a complete and valid application, the district-level People’s Committee is responsible for directing the Education Division to organize the appraisal of the conditions for establishing a kindergarten, preschool or nursery school.

Within 15 working days, the Department of Education shall assume the prime responsibility for, and coordinate with relevant specialized departments in, evaluating opinions and submitting them to the Chairman of the district-level People’s Committee.

Within 05 working days from the date of receiving the appraisal opinion, if the conditions as prescribed are satisfied, the chairperson of the district-level People’s Committee shall issue a decision to establish or permit the establishment. If the conditions are not satisfied, the chairperson of the district-level People’s Committee shall reply in writing and clearly state the reason.

Dossier and procedures for permission to operate

Dossier of application for operating license

Article 6 of Decree 46/2017/ND-, as amended by Clause 3, Article 1 of Decree 135/2018/ND-CP, stipulates the following documents:

A written request for permission for educational activities;
A copy issued from the master book, a certified copy from the original or a copy enclosed with the original for comparison with the decision on establishment or decision on permission for the establishment of a kindergarten, preschool or nursery school;
A list of officials holding key leadership positions, including the principal, vice principals, and heads of specialized groups, clearly stating their trained professional qualifications; a list of teachers, clearly stating their professional qualifications; signed working contracts between kindergartens, preschools, kindergartens and each manager, teacher;
Preschool education program, documents serving the implementation of the preschool education program;
A list of the number of classrooms, working rooms, facilities and equipment meeting the prescribed conditions;
Legal documents: confirmation of land use rights or lease contract for kindergarten, preschool, nursery school with a minimum term of 5 years; confirmation of the existing money managed by kindergartens, preschools and kindergartens, ensuring its legitimacy and commitment that it will only be used for construction investment and expenses for regular school operations kindergartens, preschools, kindergartens after being allowed to conduct educational activities; the plan to raise capital and balance the next capital to ensure the stable operation of kindergartens, preschools and kindergartens for a period of 5 years, starting from the date of enrollment;
Regulations on organization and operation of kindergartens, preschools and kindergartens.

The order of execution

The preschool shall send 01 set of prescribed documents directly or by post to the Department of Education and Training.

The Department of Education and Training receives and organizes the evaluation of applications. If the dossier is not in accordance with the regulations, a written notice of the contents that need to be amended or supplemented shall be sent to the kindergarten, preschool or nursery school within 05 working days from the date of receipt of the application; if the dossier is in accordance with regulations, the plan of actual assessment at the kindergarten, preschool or nursery school shall be notified.

Within 15 working days from the date of notification of the actual appraisal plan, the Department of Education and Training shall assume the prime responsibility for, and coordinate with relevant specialized departments in, organizing the actual appraisal.

Within 05 working days, if the kindergarten, preschool or nursery school meets the prescribed conditions, the Head of the Education and Training Division shall issue a decision to permit educational activities; if the prescribed conditions are not satisfied, a written notice shall be sent to the kindergarten, preschool or nursery school, clearly stating the reason.

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Frequently asked questions

What age children do private preschool institutions include?

Pre-school education is the first level of education in the national education system, laying the foundation for the comprehensive development of Vietnamese people age.

Can the owner of a private preschool facility take classes?

Point b, Clause 3, Article 15 of Circular No. 13/2015/TT-BGDĐT stipulating the rights of class group owners: “to work as a teacher if all conditions and standards are satisfied”. Therefore, if the owner of a private preschool establishment meets the standard qualifications and holds a diploma of intermediate pedagogy for preschool teachers as prescribed in Article 77 of the Law on Education, he or she may work as a direct teacher stand class.

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