Circular No. 11/2009/TT-BGDĐT stipulates the procedures and formalities for converting public-private partnership kindergartens and schools, private kindergartens and schools, public-private partnership kindergartens to private kindergartens, and public-private partnership kindergartens and schools to public kindergartens and schools. This Circular takes effect from June 23, 2009.
Scope of application
Kindergartens and schools with public-private partnerships, educational institutions; Department of Organization and Cadres, Director of the Ministry of Education and Training's Office; Directors of Departments of Education and Training.
Key points
- Kindergartens and schools with public-private partnerships → must implement the procedures to convert to private, public-private partnership, or public kindergartens and schools as prescribed.
- Conversion procedures → include preparing documents, presenting conversion proposals, and obtaining approval from competent authorities.
- Public-private partnership kindergartens → after converting to public kindergartens, must comply with regulations governing public kindergartens.
- Public-private partnership kindergartens and schools → after converting to public kindergartens and schools, will enjoy preferential policies under Decree No. 69/2008/NĐ-CP.
- The time limit for implementing conversion procedures → starts from the date this Circular becomes effective.
🌐 Social impact of this document
- Positive impacts: Enhance diversification of education models, create conditions for private kindergartens and schools to develop.
- Negative impacts: May cause difficulties in the conversion process for some current educational institutions.
❓ Frequently asked questions
What should public-private partnership kindergartens do to convert to private kindergartens?
Public-private partnership kindergartens and schools must implement conversion procedures as prescribed in this Circular, including preparing documents and presenting conversion proposals.
When does this Circular take effect?
This Circular takes effect from June 23, 2009.
After converting to public kindergartens, what regulations must public-private partnership kindergartens comply with?
After conversion, public-private partnership kindergartens will have to comply with regulations governing public kindergartens.
After converting to public kindergartens and schools, what preferential policies will public-private partnership kindergartens and schools enjoy?
After converting to public kindergartens and schools, kindergartens and schools will enjoy preferential policies under Decree No. 69/2008/NĐ-CP.
Which level of approval is required to implement conversion procedures?
Procedures for converting public-private partnership kindergartens and schools to private or public kindergartens and schools will be approved by competent authorities as prescribed.
Full text
CIRCULAR
REGULATING THE PROCEDURE AND PROCEDURAL REQUIREMENTS FOR CONVERTING PRIVATE NON-GOVERNMENTAL EDUCATIONAL INSTITUTIONS INTO PRIVATE EDUCATIONAL INSTITUTIONS; CONVERTING PUBLICLY FUNDED KINDERGARTENS INTO PRIVATELY FUNDED KINDERGARTENS; CONVERTING PUBLICLY FUNDED EDUCATIONAL INSTITUTIONS INTO PUBLIC EDUCATIONAL INSTITUTIONS
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BASED ON THE GOVERNMENT DECREE NO. 178/2007/NĐ-CP OF DECEMBER 3, 2007, PROVIDING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF MINISTRIES AND GOVERNMENT AGENCIES AT THE MINISTRY LEVEL;
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;
BASED ON THE GOVERNMENT DECREE NO. 43/2006/NĐ-CP OF APRIL 25, 2006, PROVIDING THE RIGHTS TO SELF-GOVERNANCE AND SELF-RESPONSIBILITY FOR THE IMPLEMENTATION OF TASKS, ORGANIZATIONAL STRUCTURE, STAFFING, AND FINANCIAL MANAGEMENT FOR PUBLIC SERVICE UNITS;
BASED ON THE GOVERNMENT DECREE NO. 53/2006/NĐ-CP OF MAY 25, 2006, PROVIDING POLICIES TO ENCOURAGE THE DEVELOPMENT OF NON-PUBLIC SERVICE PROVIDING INSTITUTIONS;
BASED ON THE GOVERNMENT DECREE NO. 69/2008/NĐ-CP OF MAY 30, 2008, PROVIDING POLICIES TO ENCOURAGE SOCIALIZATION IN EDUCATION, VOCATIONAL TRAINING, HEALTHCARE, CULTURE, SPORTS, ENVIRONMENTAL ACTIVITIES;
BASED ON THE MINISTRY OF FINANCE CIRCULAR NO. 71/2006/TT-BTC OF AUGUST 9, 2006, GUIDING THE IMPLEMENTATION OF THE GOVERNMENT DECREE NO. 43/2006/NĐ-CP OF APRIL 25, 2006, PROVIDING THE RIGHTS TO SELF-GOVERNANCE AND SELF-RESPONSIBILITY FOR THE IMPLEMENTATION OF TASKS, ORGANIZATIONAL STRUCTURE, STAFFING, AND FINANCIAL MANAGEMENT FOR PUBLIC SERVICE UNITS;
BASED ON THE MINISTRY OF FINANCE CIRCULAR NO. 91/2006/TT-BTC OF OCTOBER 2, 2006, GUIDING THE IMPLEMENTATION OF THE GOVERNMENT DECREE NO. 53/2006/NĐ-CP OF MAY 25, 2006, PROVIDING POLICIES TO ENCOURAGE THE DEVELOPMENT OF NON-PUBLIC SERVICE PROVIDING INSTITUTIONS;
PURSUANT TO THE PROPOSAL OF THE HEAD OF THE BUREAU OF HUMAN RESOURCES, THE MINISTER OF EDUCATION AND TRAINING DECIDES AS FOLLOWS:
Article 1. ATTACHING HERETO ARE THE REGULATIONS ON THE PROCEDURE AND PROCEDURAL REQUIREMENTS FOR CONVERTING PRIVATE NON-GOVERNMENTAL EDUCATIONAL INSTITUTIONS INTO PRIVATE EDUCATIONAL INSTITUTIONS; CONVERTING PUBLICLY FUNDED KINDERGARTENS INTO PRIVATELY FUNDED KINDERGARTENS; CONVERTING PUBLICLY FUNDED EDUCATIONAL INSTITUTIONS INTO PUBLIC EDUCATIONAL INSTITUTIONS.
Article 2. THIS CIRCULAR SHALL TAKE EFFECT FROM JUNE 23, 2009.
Article 3. THE DIRECTOR OF THE OFFICE, THE HEAD OF THE BUREAU OF HUMAN RESOURCES, THE HEADS OF THE UNITS ASSOCIATED WITH THE MINISTRY OF EDUCATION AND TRAINING, AND THE DIRECTORS OF THE DEPARTMENTS OF EDUCATION AND TRAINING ARE RESPONSIBLE FOR ENFORCING THIS CIRCULAR.
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