Circular No. 09/2025/TT-BGDĐT stipulates on decentralization, classification, and determination of authority to perform state management tasks of two-level local governments regarding preschool education.

CIRCULAR

Regulations on decentralization, delegation, and determination of authority

to perform state management tasks of two-level local administration

in education preschool

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Pursuant to Decree No. 37/2025/NĐ-CP dated February 26, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 142/2025/NĐ-CP dated June 12, 2025 of the Government on determining the authority of two-level local administrations in the field of state management by the Ministry of Education and Training;

Pursuant to Decree No. 143/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of state management by the Ministry of Education and Training;

At the proposal of the Director of the Legal Department;

The Minister of Education and Training promulgates this Circular to regulate decentralization, delegation, and determination of authority for performing state management tasks of two-level local administrations in preschool education. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates decentralization, delegation, and determination of authority for performing state management tasks of two-level local administrations in preschool education as prescribed in legal documents issued by the Minister of Education and Training.

Article 2. This Circular applies to central administrative agencies, local authorities, preschool educational institutions, and other organizations and individuals concerned.

Article 3. Principles of decentralization, delegation, and determination of authority

Clause 1. Ensuring compliance with the Constitution; consistent with principles and regulations on decentralization, delegation, and determination of authority stipulated in the Law on the Organization of the Government, the Law on the Organization of Local Administration, and Government Decrees on decentralization, delegation, and determination of authority regarding preschool education.

Clause 2. Ensuring appropriate decentralization, delegation, and determination of tasks and powers among levels of local administration in accordance with the tasks, powers, and capabilities of the agencies and authorized persons; avoiding overlap, duplication, or omission of functions and tasks between different levels of local administration and among agencies and organizations under local administration in performing state management tasks in preschool education.

Clause 3. Ensuring that it does not affect the implementation of international treaties and agreements in the field of education to which the Socialist Republic of Vietnam is a party.

Clause 4. Resources for implementing decentralization, delegation, and determination of authority shall be guaranteed from the state budget as prescribed.

Article 4. Regarding fees and charges

When administrative procedures are processed and require payment of fees and charges as prescribed by laws on fees and charges, citizens and organizations must pay such fees and charges simultaneously when submitting administrative procedure request forms to the receiving agency. The amount of fees and charges, their management, and use shall be carried out according to the provisions of the Government, the Minister of Finance, or the People's Councils at the provincial level for corresponding fees and charges.

Article 4. Principles for Exploitation and Use of Electronic Data

Administrative agencies have the responsibility to exploit electronic data already available in the National Population Database and other specialized databases to supplement information in the administrative procedure files of individuals and organizations conducted electronically, without requiring individuals and organizations to submit or present documents whose information has been extracted from these databases; except in cases where such data is used for purposes of verifying and rechecking the authenticity of the information, documents, and materials that have been digitized.

Chapter II

DELEGATION, GRADATION AND DEFINITION OF AUTHORITY TO PERFORM STATE MANAGEMENT TASKS OF LOCAL AUTHORITIES AT TWO LEVELS IN EARLY CHILDHOOD EDUCATION

Article 5. Implementation of Provisions on the Charter of Early Childhood Education Schools

1. Replace the authority or phrase "People's Committee of the district level and the name of the district-level unit", "Department of Education and Training", "People's Committee of the district level" with "People's Committee of the commune level" in Article 5, Clause 1 of Article 6 of the Charter of Early Childhood Education Schools issued together with Circular No. 52/2020/TT-BGDĐT dated December 31, 2020 of the Minister of Education and Training (hereinafter referred to as Circular No. 52/2020/TT-BGDĐT).

Article 6. Implementation of Provisions on the Organization and Operation of Independent Kindergartens, Independent Preschool Classes, and Private and Publicly Funded Kindergartens

1. The authority to guide state management in education for the People's Committee of the commune level and to provide professional guidance and implementation for independent preschool educational facilities as stipulated in Clause 3 and Clause 4 of Article 22 of the Regulation on the Organization and Operation of Independent Kindergarten Groups, Independent Preschool Classes, and Private and Publicly Funded Kindergartens issued together with Circular No. 49/2021/TT-BGDĐT dated December 31, 2021 of the Minister of Education and Training (hereinafter referred to as Circular No. 49/2021/TT-BGDĐT) shall be carried out by the Department of Education and Training.

2. Replace the phrase "Department of Education and Training" with "People's Committee of the commune level" in Article 21, Article 22; replace the phrase "Department of Education and Training" with "Department of Education and Training" in Clause 1 of Article 23; replace the phrase "People's Committee of the district level" with "People's Committee of the province level" in Clause 7 of Article 22 and Clause 4 of Article 23 of Circular No. 49/2021/TT-BGDĐT, except for the provisions in Clause 1 of this Article.

3. Remove the phrase "People's Committee of the district level and" in Clause 8 of Article 22 of Circular No. 49/2021/TT-BGDĐT.

Article 7. Implementation of Regulations on the Selection of Educational Toys Used in Early Childhood Education Facilities

Replace the authority or phrase "Department of Education and Training" with "People's Committee of the commune level" in Article 13, Article 14 of Circular No. 47/2020/TT-BGDĐT dated December 31, 2020 of the Minister of Education and Training regarding the selection of toys and learning materials used in early childhood education facilities.

Article 8. Implementation of Regulations on Building Safe Schools and Preventing Accidents in Early Childhood Education Facilities

Replace the authority or phrase "Department of Education and Training" with "People's Committee of the commune level" in Article 9, Article 10, Article 11, and Article 12 of Circular No. 45/2021/TT-BGDĐT dated December 31, 2021 of the Minister of Education and Training regarding the construction of safe schools and prevention of accidents in early childhood education facilities.

Article 9. Organization to implement regulations on compiling, reviewing, approving, and selecting materials for use in preschool education institutions.

Replace the authority or phrase "Department of Education and Training" with the phrase "People's Committee of Commune Level" in Article 14 and Article 15 of Circular No. 30/2021/TT-BGDĐT dated November 5, 2021, issued by the Minister of Education and Training regarding the compilation, review, approval, and selection of materials for use in preschool education institutions.

Article 10. Organization to implement the Program for Introducing English to Preschool Children

1. The authority to guide the Program for Introducing English to Preschool Children as stipulated in Clause 3, Section VII of the Program for Introducing English to Preschool Children issued together with Circular No. 50/2020/TT-BGDĐT dated December 31, 2020, by the Minister of Education and Training (hereinafter referred to as Circular No. 50/2020/TT-BGDĐT) shall be carried out by the Department of Education and Training.

2. Replace the authority or phrase "Department of Education and Training" with the phrase "People's Committee of Commune Level" in Clause 3, Section VII of Circular No. 50/2020/TT-BGDĐT except for the provisions set forth in Clause 1 of this Article.

Article 11. Organization to implement the Preschool Education Program

The authority to guide the implementation of the Preschool Education Program as stipulated in Clause 1, Part Four of the Preschool Education Program issued together with Circular No. 17/2009/TT-BGDĐT dated July 25, 2009, by the Minister of Education and Training, which has been amended and supplemented by Circular No. 28/2016/TT-BGDĐT dated December 30, 2016, and Circular No. 51/2020/TT-BGDĐT dated December 31, 2020, by the Minister of Education and Training shall be carried out by the Department of Education and Training.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from July 1, 2025.

2. This Circular shall cease to be effective from March 1, 2027, except for cases where laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister, or Circulars of the Minister of Education and Training have provisions on authority, state management responsibilities, procedures, and formalities stipulated in this Circular adopted or issued from July 1, 2025, and become effective before March 1, 2027, then the corresponding provisions in this Circular shall cease to be effective at the time these legal documents come into effect.

3. During the period when the provisions of this Circular are effective, if the provisions on authority, state management responsibilities, procedures, and formalities in this Circular differ from those in related legal documents promulgated before July 1, 2025, they shall be implemented according to the provisions of this Circular.

4. The Director of the Office, Heads of the Legal Affairs Department, Head of the Early Childhood Education Department, Heads of units under the Ministry of Education and Training related to this matter; Chairmen of People's Committees of provinces and centrally governed cities; Directors of Departments of Education and Training; Chairmen of People's Committees of communes; relevant agencies, organizations, units, and individuals are responsible for implementing this Circular./.