Circular No. 05/2011/TT-BGDĐT Amending and supplementing Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Kindergarten Charter issued together with Decision No. 14/2008/QD-BGDĐT dated April 7, 2008 of the Minister of Education and Training and amended and supplemented by Circular No. 44/2010/TT-BGDĐT dated December 30, 2010 of the Minister of Education and Training on amending and supplementing the Kindergarten Charter.

CIRCULAR

Regarding amending and supplementing Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of The Kindergarten Charter issued together with Decision No. 14/2008/QĐ-BGDĐT dated April 7, 2008of the Minister of Education and Training, which has been amended and supplemented by Circular No. 44/2010/TT-BGDĐTdated December 30, 2010 of the Minister of Education and Training on amending and supplementing the Kindergarten Charter

 ___________________________________________________

Pursuant to the Education Law dated June 14, 2005; the Law Amending and Supplementing Certain Provisions of the Education Law dated November 25, 2009;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

Pursuant to Decree No. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

At the proposal of the Director of the Department of Early Childhood Education,

The Minister of Education and Training hereby decides:

Article 1. To amend and supplement Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Kindergarten Charter issued together with Decision No. 14/2008/QĐ-BGDĐT dated April 7, 2008 of the Minister of Education and Training, which has been amended and supplemented by Circular No. 44/2010/TT-BGDĐT dated December 30, 2010 of the Minister of Education and Training on amending and supplementing the Kindergarten Charter, as follows:

1. Point d Clause 1 Article 13 shall be amended and supplemented as follows:

"d. Each group of children, kindergarten class shall not have more than two children with the same type of disability. The organization of educational activities for disabled children learning alongside their peers in schools and kindergartens shall be carried out in accordance with the provisions of the Law on Persons with Disabilities and related implementing regulations."

2. Clause 2 Article 16 shall be amended and supplemented as follows:

"2. The Principal shall be appointed by the Director of the Department of Education and Training for public schools and kindergartens, recognized by the Director of the Department of Education and Training for private and non-profit schools and kindergartens according to the appointment or recognition procedures of the competent authority.

The term of office of the Principal of a school or kindergarten is five years. After five years, the Principal will be evaluated and may be reappointed or re-recognized. For public schools and kindergartens, each Principal may only manage one school or kindergarten for no more than two terms.

At the end of each academic year and at the end of each term of service, the Principal of a school or kindergarten will be evaluated by the staff and teachers of the school and the competent authority regarding the management of activities and the quality of education in the school according to the prescribed regulations."

3. Clause 1, Article 17 shall be amended and supplemented as follows:

"1. The Deputy Principal shall be appointed by the Director of the Department of Education and Training for public schools and kindergartens, recognized by the Director of the Department of Education and Training for private and non-profit schools and kindergartens according to the appointment or recognition procedures of the competent authority. The Deputy Principal assists the Principal and is responsible to the Principal and to the law."

4. Point c Clause 2 Article 18 shall be amended and supplemented as follows:

"c) Procedures for establishment:

Based on the organizational structure, tasks, powers, and activities of the School Council, the teaching staff, and other organizations and associations within the school or kindergarten, the candidates are introduced by the School Council and the teaching staff. The Principal compiles a list of candidates and submits it to the Department of Education and Training. The Chairman of the School Council is elected by the members of the Council; the Secretary of the Council is designated by the Chairman of the Council. The Director of the Department of Education and Training recognizes the School Council and the Chairman of the School Council.

The term of office of the School Council is five years. Annually, if there are changes in personnel, the Principal prepares a document requesting the competent authority to recognize and supplement the members of the School Council."

Article 2. This Circular takes effect from March 27, 2011. All previous regulations that conflict with this Circular are abolished.

Article 3. The Head of the Office, Heads of the Early Childhood Education Department, Heads of relevant units under the Ministry of Education and Training, Chairmen of People's Committees of provinces and centrally-administered cities, Directors of Departments of Education and Training are responsible for implementing this Circular./.