Circular No. 09/2015/TT-BGDĐT amending and supplementing certain provisions of the Kindergarten Regulation issued together with Decision No. 14/2008/QD-BGDĐT dated April 7, 2008 of the Minister of Education and Training, which has been amended and supplemented by Circulars No. 44/2010/TT-BGDĐT dated December 30, 2010 and No. 05/2011/TT-BGDĐT dated February 10, 2011 of the Minister of Education and Training.

CIRCULAR

Amending and supplementing some articles of the Kindergarten Charter issued together with Decision No. 14/2008/QD-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 and Circular No. 05/2011/TT-BGDĐT dated February 10, 2011Circular No. 44/2010/TT-BGDĐT dated December 30, 2010 and Circular No. 05/2011/TT-BGDĐT dated February 10, 2011of the Minister of Education and Training

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

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; Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of 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; Decree No. 07/2013/NĐ-CP dated January 9, 2013 of the Government regarding the amendment of point b clause 13 Article 1 of Decree No. 31/2011/NĐ-CP dated May 11, 2011 of the Government amending and supplementing certain provisions of 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 issues this Circular amending and supplementing some articles of the Kindergarten Charter issued together with Decision No. 14/2008/QD-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 and Circular No. 05/2011/TT-BGDĐT dated February 10, 2011 of the Minister of Education and Training

Article 1. Amending and supplementing some articles of the Kindergarten Charter issued together with Decision No. 14/2008/QD-BGDĐT dated April 7, 2008 of the Minister of Education and Training as follows:

1. Article 4分级处理管理国家对学校的幼儿园、托儿所、幼儿班的级别 shall be amended and supplemented as follows:

"Article 4. Grading management of state administration over schools, kindergartens, groups of children, independent kindergarten classes

1. The People's Committee of districts, counties, towns directly under provinces (hereinafter referred to collectively as district level) shall perform the function of state management over education for schools and kindergartens.

2. The People's Committee of communes, wards, towns (hereinafter referred to collectively as commune level) shall perform the function of state management over education for groups of children and independent kindergarten classes.

3. The Department of Education and Training shall perform the function of advising the People's Committee at the district level to implement state management over education for schools, kindergartens, groups of children, and independent kindergarten classes."

2. Supplementing Clause 4, Clause 5, Clause 6 to Article 12 Conditions and procedures for registering the establishment of groups of children, independent kindergarten classes; merging, splitting, suspending, dissolving groups of children, independent kindergarten classes as follows:

"4. Merging, splitting, and separating groups of children, independent kindergarten classes:

a) Merging, splitting, and separating groups of children, independent kindergarten classes must meet the following requirements:

- Comply with the provisions of Article 13 of this Charter.

- Ensure safety and rights of children and teachers.

- Contribute to improving the quality of child care, education, and nurturing.

b) Authority and procedures for merging, splitting groups of children, independent kindergarten classes to establish groups of children, independent kindergarten classes shall be implemented according to the provisions of Clause 3 of this Article; to establish schools and kindergartens shall be implemented according to the provisions of Articles 9 and 10 of this Charter.

5. Suspension of educational activities of groups of children, independent kindergarten classes

- Groups of children, independent kindergarten classes shall be suspended from educational activities when one of the following situations occurs:

+ Not meeting the conditions stipulated in point b, point c Clause 1 of this Article;

+ Violating administrative penalties regulations in the field of education to the extent that suspension is required according to current regulations.

- The People's Committee at the commune level shall cooperate with the Department of Education and Training to organize inspections, prepare inspection records. Based on the inspection record, the Chairman of the People's Committee at the commune level shall decide to suspend educational activities of groups of children, independent kindergarten classes. The suspension decision must clearly state the reasons, duration of suspension, and corrective measures. The suspension decision must be publicly announced through mass media.

- During the period of suspension, if the organization or individual has corrected the violations and submitted a request, the People's Committee at the commune level shall cooperate with the Department of Education and Training to organize verification inspections, prepare verification records. The Chairman of the People's Committee at the commune level shall consider and decide to allow the groups of children, independent kindergarten classes to resume educational activities.

6. Dissolution of groups of children, independent kindergarten classes

- Groups of children, independent kindergarten classes shall be dissolved when one of the following situations occurs:

+ Exceeding the suspension period without correcting the causes leading to suspension;

+ Seriously violating organizational activity regulations;

+ At the request of the organization or individual establishing the group of children, independent kindergarten class.

- The People's Committee at the commune level shall cooperate with the Department of Education and Training to organize inspections, prepare inspection records. Based on the inspection record, the Chairman of the People's Committee at the commune level shall decide to revoke the establishment permit and dissolve the group of children, independent kindergarten class. The dissolution decision must clearly state the reasons, measures to ensure the legitimate interests of children and teachers. The dissolution decision must be publicly announced through mass media."

3. Clause 2 Article 26 Evaluation of results of child care, education shall be amended and supplemented as follows:

"2. Conduct height and weight measurements, record and monitor growth charts for children under 24 months old once a month, for children aged 24 months and above once every quarter."

4. Clause 3 Article 27 Schools, kindergartens shall be amended and supplemented as follows:

"3. The land area for constructing schools and kindergartens includes: construction area; playground area; green space and walkway area. The minimum average land usage area per child is 12 square meters for flatland and midland areas; 8 square meters for urban and mountainous areas.² For areas with difficult land conditions, floor area can be substituted for land usage area provided it meets the specified requirements, the People's Committee at the district level shall be responsible for preparing a report on the substitution plan and must obtain approval from the People's Committee at the provincial level."² for a child in urban areas, district towns, and highland regions.

In areas with difficult land conditions, the usable land area may be replaced by the constructed floor area while ensuring compliance with the prescribed area requirements. The People's Committee at the district level shall be responsible for preparing a proposal to report on the use of the replacement area and such proposal must be approved by the People's Committee at the provincial level.”

5. Clause 3 and Clause 4 of Article 28 on Nurseries for Child Care, Education, and Development shall be amended and supplemented as follows:

“3. Toilet room: Ensure 0.4 to 0.6 meters per child; for kindergarten children, separate spaces for boys and girls. The toilet room shall be adjacent to the common activity room, facilitating use and easy observation. The toilet room shall have the following facilities:² - For nursery children: faucet for hand washing; potty chair; may include urinal trough and toilet seat for children aged 24 to 36 months; shower faucet; covered basin or water storage tank.

- For kindergarten children: faucet for hand washing; urinals and toilets for boys and girls; shower faucet; covered basin or water storage tank.

4. Play porch: Ensure 0.5 to 0.7 meters per child, with a width of no less than 2.1 meters; surrounded by guardrails 0.8 to 1 meter high, using vertical bars with a distance between bars not exceeding 0.1 meters”.

This Circular takes effect from June 26, 2015.² The Director of the Office, the Head of the Early Childhood Education Department, the Heads of relevant units under the Ministry of Education and Training; the Chairpersons of Provincial People's Committees directly under the Central Government; the Directors of Departments of Education and Training are responsible for implementing this Circular./.

Article 2. Effective Date

This Circular takes effect from June 26, 2015.

Article 3. Responsibility for Implementation

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