Conditions for establishing kindergartens and nurseries

The Government has just issued Decree 46/2017/ND-CP regulating the conditions for investment and operation in the education sector. In particular, the Decree specifically regulates the establishment, suspension, and dissolution of public, private, and non-public kindergartens, preschools, and nurseries.

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Decree stipulating conditions for establishing public kindergartens, preschools and nurseries; permitting the establishment of private and non-public kindergartens, preschools and nurseries, including:

1- Have a project to establish a kindergarten, preschool, or nursery school in accordance with the socio-economic development plan and the local educational facility network plan approved by a competent state management agency.

2- The project to establish a kindergarten, preschool, or nursery school clearly defines the goals, tasks, programs, and educational content; land, facilities, equipment, and planned location for school construction; organizational structure, resources, and finance; and strategic directions for construction and development.

The conditions for kindergartens, preschools, and nurseries to conduct educational activities are: 1- Having a decision to establish or a decision to permit the establishment of the Chairman of the People's Committee at the district level; 2- Having land, school premises, facilities, and equipment that meet the requirements, maintain and develop educational activities; 3- Having a team of managers, teachers, and employees that is sufficient in number, reasonable in structure, and meets the standards to ensure the implementation of the preschool education program and the organization of educational activities; 4- Having sufficient financial resources according to regulations to ensure the maintenance and development of educational activities; 5- Having regulations on the organization and operation of kindergartens, preschools, and nurseries.

Suspend educational activities if conditions are not met.

The Decree stipulates that kindergartens, preschools, and nurseries shall have their educational activities suspended when one of the following cases occurs:

1- Committing fraud to obtain permission to conduct educational activities;

2- Not ensuring one of the conditions for permission to conduct educational activities specified in Clause 2 and Clause 3, Article 5 of this Decree;

3- Persons who permit unauthorized educational activities;

4- Not carrying out educational activities within 01 year from the date of permission to carry out educational activities;

5- Violating regulations on administrative sanctions in the field of education at a level that requires suspension according to current regulations;

6- Other cases as prescribed by law.

The Head of the Department of Education and Training decided to suspend educational activities of kindergartens, preschools, and nurseries.

Dissolution if there is serious violation of regulations on organization and operation

In addition, the Decree also stipulates that kindergartens, preschools, and nurseries will be dissolved when one of the following cases occurs:

1- Serious violations of regulations on organization and operation of kindergartens, preschools and nurseries;

2- The period of suspension of educational activities stated in the decision to suspend activities has expired without resolving the cause leading to the suspension;

3- The objectives and contents of activities in the decision to establish or permit the establishment of kindergartens, preschools, and nurseries are no longer suitable to the requirements of socio-economic development;

4- At the request of organizations and individuals proposing to establish kindergartens, preschools, and nurseries.

The Chairman of the District People's Committee decides to dissolve kindergartens, preschools, and nurseries.

According to Chinhphu.vn