Decision No. 14/2008/QD-BGDDT Issuing the Kindergarten Charter

Pursuant to …;

Issuing the Kindergarten Charter

MINISTER OF EDUCATION AND TRAINING

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. 85/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, authorities, 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;

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

DECISION:

Article 1. The Kindergarten Charter is hereby issued together with this Decision.

Article 2. This Decision shall take effect fifteen days after its publication in the Official Gazette. This Decision replaces Decision No. 27/2000/QĐ-BGD&ĐT dated July 20, 2000 of the Minister of Education and Training on issuing the Kindergarten Charter and Decision No. 31/2005/QĐ-BGD&ĐT dated October 20, 2005 of the Minister of Education and Training on establishing minimum conditions for kindergarten classes, nursery classes, and independent groups in areas lacking the necessary conditions to establish kindergartens.

Article 3. The Heads of the Ministry of Education and Training’s Office, Department Heads of Early Childhood Education, heads of relevant units under the Ministry of Education and Training, Chairpersons of People's Committees of provinces and centrally-administered cities, Directors of provincial Departments of Education and Training are responsible for implementing this Decision.

CHARTER

KINDERGARTEN
(Issued together with Decision No. 14/2008/QĐ-BGDĐT

dated April 7, 2008 of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. The Kindergarten Charter stipulates matters concerning: the position, tasks, organization, and management of kindergartens, nurseries, and preschools; programs and activities for nurturing, caring for, and educating children; assets of kindergartens, nurseries, preschools, independent groups, and standalone nursery classes; teachers and staff; children; relationships between kindergartens, nurseries, preschools, independent groups, and standalone nursery classes with families and society.

Article 2. This Charter applies to kindergartens, nurseries, preschools, independent groups, and standalone nursery classes; organizations and individuals participating in early childhood education activities.

Article 3. Tasks and Authorities of Kindergartens, Nurseries, Preschools, Independent Groups, and Standalone Nursery Classes

Clause 1. Implementing the nurturing, caring for, and educating of children aged three months to six years according to the early childhood education program issued by the Minister of Education and Training.

Clause 2. Mobilizing preschool-aged children to attend school; organizing inclusive education for children from difficult backgrounds and those with disabilities.

Clause 3. Managing cadres, teachers, and staff to fulfill the tasks of nurturing, caring for, and educating children.

Clause 4. Mobilizing, managing, and utilizing resources in accordance with the law.

Clause 5. Constructing facilities in compliance with standardization and modernization requirements or minimum requirements for particularly difficult regions.

Clause 6. Cooperating with parents, organizations, and individuals to carry out nurturing, caring for, and educating children.

Clause 7. Organizing for managers, teachers, staff, and children to participate in social activities within the community.

Clause 8. Implementing quality assessments for nurturing, caring for, and educating children as prescribed.

9. Performing other tasks and authorities as prescribed by law.

Article 4. Types of Kindergartens, Nurseries, Preschools, Independent Groups, and Standalone Nursery Classes

Kindergartens, nurseries (hereinafter referred to collectively as schools), preschools, independent groups, and standalone nursery classes are organized into types: public, private, and privately-run.

Clause 1. Public schools, preschools, independent groups, and standalone nursery classes are established by state agencies, which invest in building physical infrastructure and ensure funding for regular expenses.

Clause 2. Private schools, preschools, independent groups, and standalone nursery classes are established by local communities, which invest in building physical infrastructure and ensure operational funding, and are supported by local authorities.

Clause 3. Privately-run schools, preschools, independent groups, and standalone nursery classes are established by social organizations, social-professional organizations, economic organizations, or individuals, who invest in building physical infrastructure and ensure operational funding through non-state budget sources.

Article 4.分级管理国家对学校的幼儿园、托儿所、幼儿班和独立学前班的管理

1.区、县、市辖区、省辖市（以下统称县级）人民政府负责管理本行政区域内的公立学校幼儿园。

2.乡、镇、街道（以下统称乡级）人民政府负责管理民办学校幼儿园；私立学校幼儿园以及本行政区域内的幼儿班和独立学前班。

3.教育和培训部门履行对所有类型学校幼儿园、托儿所、幼儿班和独立学前班的国家教育管理职能。

Article 5.学校的幼儿园、托儿所、幼儿班和独立学前班的组织与活动；残疾儿童融合教育

民办学校的幼儿园、托儿所、幼儿班和独立学前班，私立学校的幼儿园、托儿所、幼儿班和独立学前班的组织与活动；残疾儿童融合教育应按照本章程的规定和由教育部部长颁布的民办幼儿园组织与活动规定；私立幼儿园组织与活动规定；为残疾人制定的融合教育规定执行。

Chapter II

幼儿园、学前教育机构、托儿所的位置、任务、组织和管理

学前教育机构、托儿所

Article 6.学校的幼儿园、托儿所的位置和任务

1.学校的幼儿园、托儿所具有法人资格，有自己的银行账户和印章。

2.学校的幼儿园、托儿所在上级主管部门分配的任务下支持同一地区的幼儿班和独立学前班，并根据本章程第2条的规定完成相关任务。

Article 7.学校的幼儿园、托儿所名称及标识

1.学校的幼儿园、托儿所名称如下：

幼儿园（或学前教育机构或托儿所）加上学校的特定名称或托儿所的特定名称。

不得注明公立、民办或私立类型的学校幼儿园、托儿所。

学校幼儿园、托儿所的名称应在成立决定、印章、标识牌上以及交易文件中注明。

2.学校的幼儿园、托儿所标识

a) 左上角

- 第一行：区、县、市辖区、省辖市人民政府及其名称；

- 第二行：教育和培训部门。

b) 中间：根据本条第一款规定的学校幼儿园、托儿所名称；

c) 最后：地址、电话号码、成立决定号或成立许可证号。

Article 8.成立学校的幼儿园、托儿所的条件

当满足以下条件时，有权机关可决定成立或批准成立学校的幼儿园、托儿所：

1.符合教育设施网络规划，满足地方经济发展和社会需求，方便儿童上学。

2.至少有三个幼儿班或独立学前班，每个班级至少有50名儿童，最多不超过15个班级。

3.配备足够的管理人员、教师和员工，符合本章程第16、17和38条的规定。

4.具备符合本章程第四章规定的物质基础和设备。

Article 9. Authority to establish or permit the establishment of schools and kindergartens

The Chairman of the People's Committee at the district level decides on the establishment of public schools and kindergartens and permits the establishment of private and non-state schools and kindergartens.

Article 10. Documents and procedures for establishing schools and kindergartens

1. The documents for requesting the establishment or permission to establish schools and kindergartens include:

a) Proposal for establishing schools and kindergartens;

b) Report on the proposal for establishing schools and kindergartens, organizational structure, and operation of schools and kindergartens; Draft regulations on the operation of schools and kindergartens;

c) Written opinions of relevant agencies regarding the establishment of schools and kindergartens;

d) Report explaining the adoption of opinions from relevant agencies and supplementary reports according to the guidance of the People's Committee at the district level (if applicable);

đ) Brief curriculum vitae accompanied by certified copies of diplomas and certificates of the person intended to be appointed as the principal.

2. Procedures for establishing schools and kindergartens:

a) The People's Committee at the commune level for public schools and kindergartens; organizations and individuals for private and non-state schools and kindergartens shall be responsible for preparing the documents in accordance with Clause 1 of this Article;

b) The Department of Education and Training receives the documents, examines the conditions for establishing schools and kindergartens as stipulated in Article 8 of these Regulations. After examination, if they find that the conditions are met, the Department of Education and Training provides written comments and forwards the establishment documents of schools and kindergartens to the People's Committee at the district level;

c) Within 45 working days from the date of receiving complete valid documents, the People's Committee at the district level issues a decision to establish public schools and kindergartens or permits the establishment of private and non-state schools and kindergartens in accordance with the provisions.

In cases where the establishment of schools and kindergartens is not decided or permitted, the People's Committee at the district level shall issue a written notice to the Department of Education and Training detailing the reasons and solutions.

Article 11. Merger, division, separation, suspension of operations, dissolution of schools and kindergartens

1. Merger, division, separation of schools and kindergartens

a) The merger, division, and separation of schools and kindergartens must meet the following requirements:

- Consistent with the planning of the education facility network;

- Meeting the requirements for economic and social development;

- Contributing to improving the quality and effectiveness of childcare, care, and education for children;

- Ensuring the rights of management staff, teachers, and employees;

b) The Chairman of the People's Committee at the district level issues a decision on the merger, division, and separation of schools and kindergartens;

c) The documents, procedures, and processes for merging, dividing, and separating schools and kindergartens to establish new schools and kindergartens are carried out in accordance with the provisions of Article 10 of these Regulations.

2. Suspension of operations of schools and kindergartens

a) The suspension of operations of schools and kindergartens is implemented when one of the following situations occurs:

- Affecting the lives of children and staff of schools and kindergartens;

- Violating administrative penalty regulations in the field of education to the extent that operations must be suspended;

- Not ensuring normal operations of schools and kindergartens.

b) The Chairman of the People's Committee at the district level issues a decision to suspend operations of schools and kindergartens.

The decision to suspend operations of schools and kindergartens must clearly state the reasons for suspension, specify the duration of suspension; measures to ensure the rights of children, staff, and employees.

The decision to suspend operations of schools and kindergartens must be publicly announced through mass media;

c) The documents, procedures, and processes for suspending operations or allowing operations to resume for schools and kindergartens follow the steps below:

- The People's Committee at the commune level prepares a record and sends it to the Department of Education and Training regarding the violation of regulations by schools and kindergartens as stipulated in point a, Clause 2 of this Article;

- The Department of Education and Training organizes inspections, confirms the reasons for suspending operations of schools and kindergartens, and submits them to the Chairman of the People's Committee at the district level for consideration and issuance of decisions;

- After the suspension period, if the causes leading to the suspension are resolved, the Chairman of the People's Committee at the district level will base their decision on the confirmation records of competent agencies to allow the school to resume operations.

3. Dissolution of schools and kindergartens

a) Schools and kindergartens are dissolved when one of the following situations occurs:

- Seriously violating regulations on management, organization, and operation of schools and kindergartens, affecting the quality of childcare and education for children;

- Exceeding the suspension period without resolving the causes leading to the suspension;

- The objectives and activities in the establishment or permission to establish schools and kindergartens no longer meet the requirements for economic and social development;

- At the legitimate request of the organizations or individuals establishing schools and kindergartens;

b) The Chairman of the People's Committee at the district level issues a decision to dissolve schools and kindergartens.

The decision to dissolve must clearly state the reasons for dissolution, measures to ensure the rights of children, staff, and employees.

The decision to dissolve schools and kindergartens must be publicly announced through mass media.

4. Documents for the merger, division, and separation of schools and kindergartens include:

a) Proposals for the merger, division, and separation of schools and kindergartens;

b) Reports on proposals for the merger, division, and separation of schools and kindergartens;

c) Certifying documents on finance, assets, land, loans, debts, and other related matters.

The submission, receipt, and processing of documents for review and verification of procedures and documents, and the time limit for handling mergers, divisions, and separations of schools and kindergartens are carried out similarly to the establishment of schools and kindergartens.

Article 12. Conditions and procedures for registering the establishment of independent preschool classes and groups; merging, dividing, splitting, suspending, and dissolving independent preschool classes and groups.

1. The Chairman of the People's Committee at the commune level shall grant permission based on the written opinion of the Department of Education and Training regarding independent preschool classes and groups.

2. Organizations and individuals applying to establish independent preschool classes and groups shall be permitted to establish when meeting the following conditions:

a) Meeting the childcare needs of families;

b) Having teachers according to the standards stipulated in Article 38 of this Charter;

c) Having rooms for nurturing, caring for, and educating children, as well as equipment, supplies, toys, and materials as prescribed in Articles 31, 32, and 33 of this Charter.

3. Procedures for registering the establishment of independent preschool classes and groups:

a) Organizations and individuals submit registration files to the People's Committee at the commune level including: a proposal requesting the establishment of an independent preschool class or group accompanied by a copy of the valid certificates of the person expected to manage the educational facility;

b) The Chairman of the People's Committee at the commune level receives, reviews the file, and sends a written request to the Department of Education and Training to inspect the conditions for establishing independent preschool classes and groups.

c) The Department of Education and Training provides a written response to the Chairman of the People's Committee at the commune level. Permission to establish or not to establish must be answered in writing within 25 working days from the date of receiving the valid application file.

4. Nameplate of independent preschool classes and groups

The nameplate of independent preschool classes and groups is specified as follows:

- Top left corner: People's Committee of the commune/township/district and the specific name of the commune/township/district;

- Center: Preschool class, group and the specific name of the preschool class/group; Do not indicate the type of public, private, or non-state preschool class/group.

- Bottom: Address, phone number, establishment decision number or establishment permit number of the preschool class/group.

5. Merging, dividing, splitting, suspending, and dissolving independent preschool classes and groups

a) Merging, dividing, and splitting independent preschool classes and groups must meet the following requirements:

- Meeting the childcare needs of families;

- Ensuring the rights of teachers and staff;

- Contributing to improving the quality and effectiveness of childcare, care, and education activities for children.

b) The People's Committee at the commune level grants permission for merging, dividing, and splitting independent preschool classes and groups;

c) The file, procedure, and process for merging, dividing, and splitting independent preschool classes and groups to establish a new school shall be carried out in accordance with the provisions of Articles 9 and 10 of this Charter;

d) Suspending and dissolving independent preschool classes and groups

- The People's Committee at the commune level prepares a record and sends it to the Department of Education and Training regarding violations by independent preschool classes and groups as stipulated in Point a, Clause 2, Article 11 of this Charter; The Department of Education and Training organizes inspections, confirms the reasons for suspending operations of independent preschool classes and groups, and provides opinions for the People's Committee at the commune level to consider and issue decisions to suspend operations of independent preschool classes and groups;

- After the suspension period, if the causes leading to the suspension are resolved, the Chairman of the People's Committee at the commune level bases on the confirmation record of the Department of Education and Training to consider and decide to allow independent preschool classes and groups to resume operations;

- Independent preschool classes and groups will be dissolved and their operating permits revoked if they violate the provisions stipulated in Clause 3, Article 11 of this Charter.

Article 13. Groups for Toddlers, Kindergarten Classes

1. Children shall be organized into groups for toddlers or kindergarten classes.

a) For toddler groups: children from three months to thirty-six months of age shall be organized into toddler groups. The maximum number of children in each group is specified as follows:

- Toddler groups from three to twelve months old: fifteen children;

- Toddler groups from thirteen to twenty-four months old: twenty children;

- Toddler groups from twenty-five to thirty-six months old: twenty-five children.

b) For kindergarten classes: children from three to six years of age shall be organized into kindergarten classes. The maximum number of children in each class is specified as follows:

- Kindergarten classes for three to four-year-olds: twenty-five children;

- Kindergarten classes for four to five-year-olds: thirty children;

- Kindergarten classes for five to six-year-olds: thirty-five children.

c) If the number of children in each group or class does not reach fifty percent of the maximum number of children specified in Points a and b of Clause 1 of this Article, they may be organized into combined toddler groups or combined kindergarten classes.

d) When a toddler group or kindergarten class includes one child with disabilities who is integrated into the class, the class size shall be reduced by five children. Each toddler group or kindergarten class shall not have more than two children with the same type of disability.

đ) Each toddler group or kindergarten class shall have the required number of teachers according to current regulations. If there are two or more teachers in a group or class, one teacher must be designated as the head teacher.

2. Depending on local conditions, schools and kindergartens may establish additional toddler groups or kindergarten classes at different locations to facilitate children's attendance (referred to as branch schools). The principal shall assign an assistant principal or a teacher to manage each branch school. Each school or kindergarten shall not have more than seven branch schools.

Article 14. Professional Teams

1. A professional team consists of teachers, educational equipment staff, and nutritionists. The team has a team leader and an assistant team leader.

2. The tasks of the professional team include:

a) Developing the team's activity plan weekly, monthly, and annually to implement the program, care, education, and other educational activities for children;

b) Implementing professional training, quality checks, and evaluations of the work of caring for, educating, and managing educational materials, toys, and equipment for children according to the school's or kindergarten's plan;

c) Participating in evaluating and ranking teachers based on the Early Childhood Teacher Competency Standards;

d) Proposing rewards and disciplinary actions for teachers.

3. The professional team shall meet regularly at least once every two weeks.

Article 15. Administrative Team

1. The administrative team comprises health staff, clerical workers, accountants, and other personnel.

2. The tasks of the administrative team include:

a) Developing the team's activity plan weekly, monthly, and annually to support the implementation of the school's or kindergarten's activities related to care and nutrition;

b) Assisting the principal in financial management, asset management, and record keeping for the school or kindergarten;

c) Implementing professional training, quality checks, and evaluations of the work of team members according to the school's or kindergarten's plan;

d) Participating in evaluating and ranking team members.

3. The administrative team shall meet regularly at least once every two weeks.

Article 16. Principal

1. The principal of the school or kindergarten is responsible for organizing and managing all activities and the quality of care, education, and nurturing of children in the school or kindergarten.

2. The principal of a public school or kindergarten is appointed by the Chairman of the People's Committee of the district; for private or independent schools or kindergartens, the principal is recognized upon recommendation by the Director of the Department of Education and Training. The term of office for principals of public schools is five years; at the end of the term, the principal may be reappointed or transferred to another nearby school or kindergarten as required. After each academic year, the principal is evaluated by the competent authority regarding the management of activities and educational quality of the school or kindergarten.

3. The person appointed or recognized as the principal of a school or kindergarten must meet the following criteria:

a) Having a standard qualification of a preschool education diploma, with at least five consecutive years of work experience in early childhood education. In special cases, the time spent working in early childhood education may be less than the prescribed period;

b) Completing the program for cadre management training; having a good reputation in political qualities, moral conduct, professional expertise, organizational and managerial skills, and health.

4. Duties and powers of the Principal

a) Developing plans for the development of the school; establishing and implementing annual educational plans; reporting and evaluating the results before the School Council and competent authorities;

b) Establishing professional teams, administrative teams, and advisory councils within the school or kindergarten; appointing team leaders and deputy leaders. Proposing members of the School Council for approval by the competent authority;

c) Assigning, managing, evaluating, and ranking; participating in the recruitment, transfer process; rewarding and disciplining teachers and staff according to regulations;

d) Managing and using financial resources and assets of the school or kindergarten effectively;

đ) Accepting children, managing children, and activities related to care, education, and nurturing of children in the school or kindergarten; deciding on rewards, approving assessment results of children according to the contents of care, education, and nurturing of children prescribed by the Ministry of Education and Training;

e) Attending political, professional, and management training courses; participating in educational activities for two hours per week; enjoying allowances and preferential policies as prescribed;

f) Implementing democratic regulations at the grassroots level and creating conditions for political and social organizations within the school or kindergarten to operate to improve the quality of care and education for children;

g) Promoting socialization in education and enhancing the role of the school in the community.

Article 17. Deputy Principal

1. The Deputy Principal assists the Principal and is responsible to the Principal. For public schools and kindergartens, the Deputy Principal is appointed by the Chairman of the People's Committee at the district level; for private and non-state schools and kindergartens, the Deputy Principal is recognized based on the proposal of the Director of the Department of Education and Training.

2. A first-class school has two Deputy Principals; a second-class school has one Deputy Principal; an additional Deputy Principal may be arranged if there are five or more branch schools or twenty or more disabled children. The classification of first and second classes for schools and kindergartens is defined in Circular No. 71/2007/TTLT-BGDĐT-BNV dated November 28, 2007, jointly issued by the Ministry of Education and Training and the Ministry of Home Affairs, guiding the staffing norms in public preschool education institutions.

3. The person appointed or recognized as Deputy Principal of a school or kindergarten must meet the following criteria:

a) Hold a preschool teacher's diploma and have at least three consecutive years of work experience in preschool education. In special cases required by the job, the Deputy Principal may have less time working in preschool education according to regulations.

b) Have political integrity, moral character, lifestyle, professional expertise, management capability, and good health.

4. Duties and powers of the Deputy Principal:

a) Be responsible for managing tasks assigned by the Principal;

b) Manage the operation of the school or kindergarten when authorized by the Principal;

c) Attend political, professional, and management training courses; participate in four hours of educational activities per week; and enjoy stipends and preferential policies as prescribed.

Article 18. School Council

1. The School Council for public schools and kindergartens, and the Board of Management for private and non-state schools and kindergartens are collectively referred to as the School Council. The School Council is an organization responsible for deciding on the direction of activities of the school or kindergarten, mobilizing and supervising the use of resources allocated to the school or kindergarten, connecting the school or kindergarten with the community and society, and ensuring the implementation of educational goals.

2. Organizational structure, internal rules, and procedures for establishing the public School Council:

a) Organizational structure:

The public School Council includes representatives from the Communist Party of Vietnam, the School Administration (including the Principal and Deputy Principals), the Trade Union, the Ho Chi Minh Youth Union, specialized department representatives, and office representatives.

The School Council has a Chairperson, Secretary, and other members. The Chairperson of the School Council does not necessarily have to be the Principal. The number of members in the School Council is either seven or nine.

b) Internal rules:

- The School Council convenes regular meetings at least twice per academic year. In necessary cases, when the Principal or at least one-third of the members of the School Council propose, the Chairperson of the School Council has the right to convene extraordinary meetings to address issues arising during the execution of the school or kindergarten's duties and powers. The Chairperson of the School Council may invite local government and social organization representatives to attend the meeting when necessary.

A School Council meeting is considered valid when at least three-quarters of its members are present (including the Chairperson). Resolutions of the School Council are passed and become effective when at least two-thirds of the present members agree. Resolutions of the School Council are publicly announced throughout the school or kindergarten.

- The Principal of the school or kindergarten is responsible for implementing resolutions or conclusions of the School Council regarding matters specified in Clause 3 of this Article. When the Principal disagrees with a resolution or conclusion of the School Council, they must promptly report to seek opinions from the higher-level educational management authority. While awaiting higher-level opinions, the Principal must still implement the resolution or conclusion of the School Council for issues that do not contravene current laws and the Kindergarten Charter.

c) Procedures for establishment:

Based on the organizational structure, duties, powers, and activities of the School Council, the Principal compiles a list of personnel recommended by the teaching staff and organizations and mass organizations of the school or kindergarten, prepares a report proposing the Department of Education and Training to submit to the People's Committee at the district level for a decision to establish the School Council. The Chairperson of the School Council is elected by the members of the council; the Secretary of the School Council is designated by the Chairperson of the School Council. The term of the School Council is five years. Annually, if there are changes in personnel, the Principal prepares a document requesting the competent authority to issue a decision to supplement and improve the School Council.

3. Duties and powers of the public School Council:

a) Decide on objectives, strategies, projects, investment plans, and development plans of the school or kindergarten for each phase and each academic year;

b) Decide on organizational structures, personnel, finance, and assets of the school or kindergarten; introduce candidates for appointment as Principal upon request of the competent authority;

c) Supervise the activities of the school or kindergarten; supervise the implementation of School Council resolutions, and the implementation of democratic regulations in the activities of the school or kindergarten.

4. Functions, duties, powers, composition, organizational structure, procedures for establishment, and internal rules of the Board of Management for private and non-state schools and kindergartens; and private and non-state preschools are implemented according to the Charter on Organization and Operation of Private Preschools, and the Charter on Organization and Operation of Non-State Preschools.

Article 19. Competition and Commendation Council, Advisory Council

1. The Competition and Commendation Council shall be established by the Principal at the beginning of each academic year. The Principal shall serve as the Chairman of the Competition and Commendation Council. Members of the council include: Deputy Principal, Secretary of the Communist Party Branch, Trade Union President, Secretary of the Ho Chi Minh Communist Youth Union, heads of specialized groups, and office group heads.

The Competition and Commendation Council assists the Principal in organizing competition movements and proposing commendation lists for staff, teachers, employees, and children within the school and kindergarten.

The Competition and Commendation Council convenes at the end of each semester and academic year.

2. In cases where necessary, the Principal may establish Advisory Councils to assist the Principal in professional matters and school management. The tasks, authorities, composition, and operating time of these Advisory Councils shall be determined by the Principal.

Article 20. Communist Party Organization and Social Organizations in Schools and Kindergartens

1. The Communist Party organization in the school leads the school and kindergarten and operates within the framework of the Constitution, laws, and the Charter of the Party.

2. The Trade Union, Ho Chi Minh Communist Youth Union, and other social organizations operate within the school and kindergarten according to the provisions of the law and the regulations of each organization to assist the school and kindergarten in achieving educational goals.

Article 21. Property and Financial Management

1. Management of the school's and kindergarten's property shall comply with legal regulations. All members of the school and kindergarten have the responsibility to maintain and protect the school's and kindergarten's property.

2. Management of income and expenditure from various financial sources of the school and kindergarten shall be carried out in accordance with current regulations of the Ministry of Finance and the Ministry of Education and Training.

Chapter III

PROGRAMS AND CHILD CARE ACTIVITIES

NURSING, CARE, AND EDUCATION OF CHILDREN

Article 22. Early Childhood Education Program and Implementation Plan

1. The school, kindergarten, group, and independent preschool class implements the early childhood education program issued by the Minister of Education and Training; develops a nurturing, care, and education plan based on the program, annual task guidance, and local conditions.

2. For children with disabilities, the school and kindergarten implement flexible nurturing, care, and education plans suitable for individual capabilities and in accordance with the regulations on inclusive education for persons with disabilities.

Article 23. Equipment, Utensils, Toys, and Educational Materials for Early Childhood Education Programs

1. Equipment, utensils, toys, and instructional materials used in schools, kindergartens, groups, and independent preschool classes shall comply with the regulations of the Ministry of Education and Training.

2. Schools, kindergartens, groups, and independent preschool classes are responsible for equipping equipment, utensils, toys, and instructional materials for early childhood education programs; encourage teachers to use modern materials and equipment to enhance the quality of nurturing, care, and education of children.

3. Instructional materials for caring for children with disabilities shall comply with the regulations of the Ministry of Education and Training.

Article 24. Activities for Nurturing, Care, and Education of Children

1. Nurturing, care, and education of children are conducted through activities stipulated in the early childhood education program.

2. Nurturing and care activities include: nutritional care; sleep care; hygiene care; health care, and safety assurance.

3. Education activities include: play activities; learning activities; labor activities; festival and holiday activities.

4. Inclusive education activities for children with disabilities in schools and kindergartens shall comply with the regulations on educating disabled and impaired children issued by the Ministry of Education and Training.

5. Nurturing, care, and education of children also occur through activities to disseminate scientific knowledge about nurturing, care, and education of children to parents and the community.

Article 25. System of files and records serving the activities of nurturing, caring for, and educating children

1. For schools

a) Child management file;

b) File managing children with integrated education (if applicable);

c) Human resources management file;

d) Professional management file;

đ) Record book for storing documents and circulars;

e) Property, infrastructure, and financial management file;

f) Boarding management file.

2. For teachers

a) Education plan record book for children;

b) Child monitoring record book: roll call, health check-ups, child observation and evaluation;

c) Professional record book: class observation, educational field trips, recording of professional activity contents;

d) Property monitoring record book for the group of children, kindergarten class.

Article 26. Evaluation of Results of Nurturing, Caring for, and Educating Children

1. Regular health checks for children: twice during one academic year.

2. Monitoring growth charts of children: for children under 24 months old, weigh once a month; for children over 24 months old, weigh once every quarter.

3. Evaluation of children's development: based on the standards for children's development by age issued by the Ministry of Education and Training. Children with disabilities in integrated education are evaluated based on progress towards individual education goals.

Chapter IV

ASSETS OF NURSERY SCHOOLS, KINDERGARTENS, CHILD CARE CENTERS, GROUPS OF CHILDREN, INDEPENDENT KINDERGARTEN CLASSES

ASSETS OF NURSERY SCHOOLS, KINDERGARTENS, CHILD CARE CENTERS

Section I

ASSETS OF NURSERY SCHOOLS, KINDERGARTENS, CHILD CARE CENTERS

Article 27. Schools and Child Care Centers

1. Schools and child care centers shall be located in residential areas suitable to overall planning, convenient for children to attend school; ensuring safety and environmental hygiene regulations.

2. The distance from children's homes to schools and child care centers: in urban areas, towns, industrial zones, resettlement areas, suburban areas, and rural areas, not exceeding 1 km; in areas with special difficulties in socio-economic conditions, not exceeding 2 km.

3. Land area for constructing schools and child care centers includes: construction area; playground area; green space and pathway area. The minimum average land usage per child is 12 square meters in rural and mountainous areas; 8 square meters in urban and town areas.

4. The premises of schools and child care centers shall have walls separating them from the outside using bricks, wood, bamboo, metal, or trimmed greenery as fences. The main gate of schools and child care centers shall display the name of the institution according to Article 7 of this Charter.

5. Structure of buildings:

a) General Requirements

- All constructions must comply with design standards and current regulations on school hygiene.

- Layout of buildings must ensure independence between the group and kindergarten class blocks and service blocks; ensuring safety and educational requirements for each age group; ensuring escape routes in emergencies and fire prevention systems.

- Ensuring accessibility for children with disabilities.

b) Group and kindergarten classroom block

The number of rooms for groups and kindergarten classes shall correspond to the number of groups and classes according to the ages of the school and child care center, ensuring each group and class has its own room for nurturing, caring for, and educating children. The room for nurturing, caring for, and educating children includes:

- Common activity room;

- Sleeping room;

- Bathroom;

- Play porch.

c) Educational support building block: physical education room, art room, or multi-purpose room.

d) Dining organization block: kitchen and storage area.

e) Administrative and management building block includes:

- School office;

- Principal's office;

- Deputy principal's office;

- Administrative and management office;

- Health office;

- Security room;

- Staff room;

- Teachers', staff, and officials' restroom;

- Parking area for teachers, staff, and officials.

6. Garden area including: playground for groups and classes; common playground; playground and green space.

Article 28. Rooms for nurturing, caring for, and educating children

1. Common living room: Ensure 1.5 to 1.8 square meters per child; sufficient natural light and ventilation; cement floor, tiled with light-colored tiles or wooden flooring. The common living room may be used as a place for eating and sleeping for kindergarten children. The common living room shall have the following equipment:

- Desks and chairs for children according to specifications and sufficient for the number of children in the class;

- Desks, chairs, and blackboard for teachers;

- A system of cabinets, shelves, and racks for storing toys, items, and documents;

- Lighting system and fan system.

2. Sleeping room: Ensure 1.2 to 1.5 square meters per child; ensure quietness, coolness in summer, and warmth in winter. The sleeping room shall include the following equipment:

- Beds, mattresses, quilts, pillows, mosquito nets, fans depending on the climate of each region;

- A system of cabinets, shelves, and racks for storing items serving children's sleep.

3. Toilet: Ensure 0.4 to 0.6 square meters per child; for kindergarten children, separate areas for boys and girls. The toilet shall include the following equipment:

- For nursery children:

+ Faucet for hand washing;

+ Toilet seat;

+ May arrange urinal troughs and toilets for children aged 24 to 36 months;

+ Shower faucet;

+ May have water tanks or basins.

- For kindergarten children:

+ Faucet for hand washing;

+ Urinals and toilets for boys and girls;

+ Shower faucet;

+ Water tanks or basins.

4. Play porch

Ensure 0.5 to 0.7 square meters per child, width not less than 2.1 meters; surrounded by railings at a height of 0.8 to 1 meter.

Article 29. Kitchen

1. Ensure 0.3 to 0.35 square meters per child. Includes pre-processing area, processing area, cooking area, food distribution area; designed and organized in a one-way workflow.

2. The kitchen shall have the following equipment:

a) Full utensils for children eating at school; food processing tools ensuring hygiene and food safety;

b) Refrigerator to store samples of children's meals; sufficient water supply, water quality must be certified by health authorities;

c) Ensure proper disposal of waste; Ensure fire prevention and explosion protection requirements.

Article 30. Requirements for equipment, toys, and materials

1. Schools and kindergartens must have sufficient equipment, toys, personal items, and materials as prescribed by the Ministry of Education and Training; effectively utilized in nurturing, caring for, and educating children.

2. Schools and kindergartens using equipment, items, toys, and materials outside the list issued by the Ministry of Education and Training must ensure educational value, safety, and suitability for preschool children.

3. Schools and kindergartens must have plans for preserving, repairing, replacing, supplementing, and upgrading equipment, items, toys, and materials.

PART II

ASSETS OF INDEPENDENT KINDERGARTEN CLASSES AND GROUPS

Article 31. Requirements for independent groups and kindergarten classes

1. Independent groups and kindergarten classes must not be leaky or dilapidated, built solidly or semi-solidly, safely, with sufficient natural light, ventilation, and neat arrangement. Floor is cemented, tiled with light-colored tiles or wooden flooring.

2. Area of rooms for nurturing, caring for, and educating children: Ensure at least 1.5 square meters per child. There must be sufficient clean water for daily activities and drinking water for children.

3. There must be play areas, fences, and safe gates for children, and at least one toilet with 0.4 square meters per child, suitable for age and sufficient for service.

4. Places organizing meals for children must have their own kitchens, safely located far from kindergarten classes and groups; Ensure fire prevention and food hygiene and safety. Implement food inspection procedures.

Article 32. Equipment for an independent group of children

1. There shall be mats or carpets for children to sit and play on, beds for them to sleep in, blankets, pillows, mosquito nets for sleeping, containers for drinking water, shelves for toys, towels and cups for children, sufficient potties for children to use; One chair for the teacher.

2. There shall be minimum equipment for children including: toys, tools, and materials serving play activities and purposeful play.

3. Each child shall have personal items.

4. There shall be tools and materials for those who care for and educate children, including: a set of materials guiding the implementation of childcare and education activities; A record book tracking children; A record book tracking the assets of the children's group; Materials used to disseminate knowledge about raising children to parents.

Article 33. Equipment for an independent kindergarten class

1. There shall be tables and chairs according to standards for children to sit at (especially for five-year-olds): one table and two chairs for two children; One table, one chair, and one board for the teacher; Shelves for tools and toys; Containers for drinking and living water. If it is a boarding class, there shall be boards or beds, blankets, pillows, mosquito nets, and fans to serve children's sleep.

2. There shall be minimum equipment for children including: toys, tools, and materials for play and purposeful learning activities.

3. Each child shall have personal items.

4. There shall be tools and materials for kindergarten teachers including: a set of materials guiding the implementation of childcare and education activities; A record book tracking children; A record book documenting the organization of educational activities for children during the day; Materials used to disseminate knowledge about raising children to parents.

Chapter V

TEACHERS AND STAFF

Article 34. Teachers and Staff

Teachers in early childhood education institutions are persons responsible for nurturing, caring for, and educating children in schools, kindergartens, groups of children, and independent kindergarten classes.

Staff members are persons responsible for supporting the work of nurturing and caring for children in early childhood education institutions.

Article 35. Duties of Teachers

1. Protecting the health and lives of children while they are in school, kindergartens, groups of children, and independent kindergarten classes.

2. Implementing nurturing, caring, and educational tasks for children according to the early childhood education program: planning care and education; Creating an educational environment, organizing nurturing, caring, and educational activities for children; Evaluating and managing children; Being responsible for the quality of nurturing, caring, and educating children; Participating in specialized team activities, school activities, kindergarten activities, group activities, and independent kindergarten class activities.

3. Cultivating morality, maintaining personal integrity, honor, and reputation; Serving as a role model, loving children, treating them fairly and respecting their personalities; Protecting the rights and legitimate interests of children; Cooperating with colleagues.

4. Disseminating scientific knowledge about raising children to parents. Proactively coordinating with families to achieve educational goals for children.

5. Maintaining physical health; Studying culture; Enhancing professional skills to improve the quality of nurturing, caring for, and educating children.

6. Fulfilling civic duties, complying with laws and regulations of the industry, and decisions of the Principal.

Article 36. Duties of Staff Members

1. Fulfilling assigned tasks according to plans and the Principal's division of labor.

2. Adhering to professional rules and regulations and following internal rules of the school, kindergarten, group of children, and independent kindergarten class.

3. Ensuring safety for children during meals and daily activities in school, kindergarten, group of children, and independent kindergarten class. Complying with food safety regulations during meal preparation to prevent poisoning incidents among children.

4. Cultivating morality, maintaining personal integrity, honor, and reputation; Cooperating and assisting colleagues.

5. Maintaining physical health, studying culture, enhancing professional skills to improve the quality of nurturing, caring for, and educating children.

6. Fulfilling civic duties and complying with laws and regulations of the industry, internal rules of the school, and decisions of the Principal.

Article 37. Rights of teachers and staff

1. Ensuring conditions to fulfill tasks of nurturing, caring for, and educating children.

2. Receiving training to improve qualifications, professional development, and enjoying salaries, allowances, and other benefits as prescribed by law when assigned to study to enhance professional qualifications.

3. Enjoying all material and spiritual benefits and being cared for and protected in health according to the regulations and policies stipulated for educators.

4. To have their dignity and reputation protected.

5. To exercise other rights as prescribed by law.

Article 38. Required Qualifications for Teachers and Staff

The required qualification for kindergarten teachers is a graduation certificate from a kindergarten teacher college; the required qualification for school health workers, accountants is a graduation certificate from a vocational college in their respective fields; for cashiers, librarians, secretaries, cooks, and security personnel, they must be trained in their respective job skills.

Article 39. Conduct, Language, and Dress Code for Teachers and Staff

1. Teachers' conduct and language must meet educational requirements for children.

2. Teachers and staff's attire must be neat, clean, and appropriate for nurturing, caring for, and educating children.

Article 40. Prohibited Actions for Teachers and Staff

1. Prohibited actions for teachers:

a) Insulting the dignity, personality, and physically harming children and colleagues;

b) Distorting educational content;

c) Skipping classes; skipping teaching sessions; arbitrarily cutting educational programs;

d) Treating children unfairly;

e) Compelling children to attend extra classes for profit;

f) Reducing children's food portions; engaging in personal activities during organized nurturing, caring, and educational activities.

2. Prohibited actions for staff:

a) Insulting the dignity, personality, and physically harming children and colleagues;

b) Treating children unfairly;

c) Reducing children's food portions; engaging in personal activities during organized nurturing and caring activities.

Article 41. Rewards and Sanctions for Violations

1. Teachers and staff with outstanding achievements will be rewarded, given commendation titles, and other prestigious titles as prescribed.

2. Teachers and staff who violate the provisions of this Charter will be subject to sanctions according to the nature and severity of the violation.

Chapter VI

CHILDREN

Article 42. Age and Health of Preschool Children

1. Preschool children aged three months to six years old can be enrolled in schools, kindergartens, groups, and independent preschool classes.

2. Children suffering from infectious diseases or dangerous congenital diseases will not be accepted into preschool education facilities.

Article 43. Rights of Children and Policies for Children

1. Being nurtured, cared for, and educated according to the preschool education goals and curriculum issued by the Ministry of Education and Training. Children with disabilities will integrate into regular classes as prescribed and have individual education plans.

2. Receiving initial healthcare; free medical examinations and treatments at public healthcare facilities.

3. Participating in activities aimed at developing talents.

4. Reduced fees for public recreational and entertainment services.

5. Enjoying other rights as prescribed by law.

Article 44. Responsibilities of Children

1. Attending school regularly; fully participating in nurturing, caring, and educational activities for children; complying with school regulations.

2. Speaking and behaving politely, having age-appropriate civilized hygiene habits.

3. Wearing clean, neat clothes suitable for their age, convenient for play and study activities.

4. Maintaining personal hygiene, group hygiene, classroom hygiene, school hygiene, kindergarten hygiene, and public place hygiene.

Article 45. Commendation and Reminders

1. Well-behaved children shall be praised, encouraged, and motivated.

2. Children who commit mistakes shall be reminded by teachers and discussed with their families.

Chapter VII

RELATIONSHIP BETWEEN INDEPENDENT KINDERGARTEN,

PRESCHOOL, DAYCARE CENTER, GROUP, AND PRESCHOOL CLASS

WITH FAMILY AND SOCIETY

Article 46. Responsibilities of Independent Kindergarten, Daycare Center, Group, and Preschool Class

1. Independent kindergarten, daycare center, group, and preschool class shall proactively propose measures to the local Party Committee and administrative authorities, coordinate with families and society to unify the scale, development plan of the kindergarten, daycare center, group, and preschool class, educational methods for children, and provide assistance to children in difficult circumstances.

2. Coordinate with relevant agencies, political-social organizations, and individuals to:

a) Promote scientific knowledge on child-rearing and education to parents and the community; implement disease prevention and regular health check-ups for children in independent kindergartens, daycare centers, groups, and preschool classes.

b) Mobilize community resources to support early childhood education; contribute to building infrastructure; create a healthy and safe educational environment; facilitate improvements in childcare, nurturing, and education quality.

Article 47. Responsibilities of Families

1. Regularly contact independent kindergartens, daycare centers, groups, and preschool classes to promptly receive updates on children's conditions to coordinate in childcare, nurturing, and education.

2. Participate in activities of groups, preschool classes, kindergartens, and daycare centers to enhance the quality of childcare, nurturing, and education for children.

Article 48. Parent Representative Councils of Independent Kindergartens, Daycare Centers, Groups, and Preschool Classes

1. Each independent kindergarten, daycare center shall have a Parent Representative Council for each group and preschool class, and a Parent Representative Council for the entire kindergarten or daycare center. Each independent group and preschool class shall have a Parent Representative Council for each group and preschool class.

2. The Parent Representative Councils shall be organized and operate according to the Regulations on Parent Representative Councils issued by the Minister of Education and Training./.