Decision No. 27/2000/QD-BGD on the issuance of the Kindergarten Charter

DECISION

Regarding the issuance of the Kindergarten Charter

 

MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of ministries, ministerial-level agencies, and agencies under the Government;

Based on Decree No. 29/CP dated March 30, 1994 of the Government regarding the tasks, authorities, and organizational structure of the Ministry of Education and Training;

Pursuant to the Education Law dated December 2, 1998;

Based on the proposal of the Director of the Early Childhood Education Department.

 

DECISION:

Article 1. The Kindergarten Charter is hereby promulgated along with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of signature. This Decision replaces Decision No. 435/QĐ dated March 29, 1980 of the Minister of Education issuing the Kindergarten Charter and Decision No. 260 QĐ/UB dated April 28, 1977 of the Central Committee for Women's and Children's Protection issuing the Provisional Charter on Kindergarten Organization.

Article 3. Chairmen of People's Committees of provinces and centrally governed cities; Heads of Offices, Directors of Early Childhood Education Departments, Heads of units related to the Ministry of Education and Training; Directors of Departments of Education and Training are responsible for implementing this Decision./.

 

KINDERGARTEN CHARTER

(Issued together with Decision No. 27/2000/QĐ-BGD dated July 20, 2000)

of the Minister of Education and Training)

 

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Article 1. This Charter stipulates the organization and operation of kindergartens; the organization and individuals participating in early childhood education.

Article 2. The organization and operation of kindergartens and other early childhood educational facilities (nurseries, groups, preschool classes) shall comply with the corresponding provisions of this Charter.

Article 2. Position of the kindergarten

Article 1. The kindergarten is a basic unit of early childhood education within the national education system. It undertakes the nurturing, care, and education of children to help them form the initial elements of personality; prepare children for primary school.

Article 2. The kindergarten has legal personality and its own seal.

Article 3. Tasks and powers of the kindergarten       

The kindergarten has the following tasks and powers:

1. Accepting and managing children within the age range;

2. Organizing nutrition, care, and education of children according to the early childhood care and education program issued by the Ministry of Education and Training;

3. Managing teachers, staff, and children;

4. Managing and using land, premises, equipment, and finances in accordance with the law;

5. Proactively collaborating with parents in the nurturing, care, and education of children; collaborating with various departments, associations, and social organizations to promote knowledge about child-rearing science to families and communities;

6. Organizing for teachers, staff, and children of the kindergarten to participate in social activities within the community;

7. Assisting other early childhood educational facilities in the area;

8. Fulfilling other tasks and powers as prescribed by law.

Article 4.Types of kindergartens:

1. Kindergartens, preschools, preschool classes, nurseries, and groups can be organized in public, semi-public, private, and private types.

2. Semi-public, private, and private early childhood educational facilities are collectively referred to as non-public early childhood educational facilities.

Article 5.Name of the kindergarten

1. The naming of the kindergarten is regulated as follows:

a. For public kindergartens: Kindergarten or Preschool followed by the specific name of the kindergarten.

b. For non-public kindergartens: Kindergarten or Preschool followed by the type of kindergarten (semi-public, private, private).

c. The specific name of the kindergarten.

2. The name of the kindergarten must be recorded on the establishment decision, seal, signboard, and transaction documents.

Article 6.Management Levels

Kindergartens, preschools, and other early childhood educational facilities are managed and directly guided by the District Education and Training Office (hereinafter referred to as the district level).

Article 7.Regulations on the organization and operation of non-public kindergartens.

All non-public kindergartens shall comply with the corresponding provisions of this Charter and the Regulations on the organization and operation of non-public kindergartens decided and promulgated by the Minister of Education and Training.

Article 8: School Rules for Kindergartens

1. Based on this Charter, each public kindergarten shall establish its own school rules.

2. Based on this Charter and the regulations on organization and operation of private kindergartens, each private kindergarten shall establish its own school rules.

Chapter II

ORGANIZATION AND MANAGEMENT

Article 9.Conditions for Establishing a School

A kindergarten shall be considered for establishment when:

1. The establishment of the school is in accordance with the planning of the educational network, meeting the needs for childcare, care, and education of children in the locality.

2. The school is established according to administrative units such as communes, wards, administrative agencies, production and business units, or residential areas; the school must have at least three groups or classes with a minimum of forty children; the school may concentrate at one location or multiple locations depending on specific conditions.

3. Organizations and individuals establishing the school must ensure the following conditions:

a. Having management staff and teachers in accordance with the standards prescribed in Articles 18, 19, and 32 of this Charter.

b. Having material and technical facilities meeting the basic requirements stipulated in Chapter VI of this Charter.

c. Meeting financial conditions as prescribed by the Ministry of Finance.

Article 10.Authority for Establishing Schools and Other Early Childhood Education Facilities

1. Kindergartens and nursery schools are established by the Chairman of the People's Committee of the district.

2. Other early childhood education facilities (nurseries, child groups, kindergarten classes) are established by the Chairman of the People's Committee of the commune, ward, town (hereinafter referred to as the commune level) based on agreement with the Department of Education and Training.

Article 11. Documents and Procedures for Establishing a School

1. The application documents for establishing a school include:

a. An application for establishing a school.

b. Feasibility study with main contents prescribed in Article 9 of this Charter.

c. Proposal on organization and operation.

d. Curriculum vitae of the proposed principal.

2. The procedures for reviewing and approving the establishment of a school are as follows:

a. The People's Committee of the commune (for public and semi-public kindergartens), organizations, and individuals (for private and private kindergartens) shall prepare the application documents in accordance with Clause 1 of this Article.

b. The Department of Education and Training shall receive the application documents; take the lead and coordinate with relevant agencies and the People's Committee of the commune to assess the necessity of establishing the school and the feasibility of the feasibility study prescribed in Article 9 of this Charter; submit to the Chairman of the People's Committee of the district for consideration and decision.

Within thirty days from the date of receiving complete and valid application documents, the competent authority shall be responsible for notifying the result in writing to the organization or individual applying for the establishment of the school.

Article 12. Conditions for Establishing Other Early Childhood Education Facilities

Other early childhood education facilities shall be considered for establishment when:

1. The establishment of the early childhood education facility is in line with the development requirements of early childhood education in the locality;

2. Organizations and individuals applying to establish other early childhood education facilities must have a proposal on organization and operation that ensures:

a. Having teachers in accordance with the standards prescribed in Article 32 of this Charter.

b. Having rooms for different age groups of nurseries and kindergartens ensuring equipment, lighting, and hygiene requirements suitable for childcare, care, and education of children.

Article 13. Documents and Procedures for Establishing Other Early Childhood Education Institutions.

1.Documents for requesting to establish other early childhood education institutions include:

a.Application for establishment;

b.A plan on organization and operation as prescribed in Clause 2, Article 12 of this Ordinance;

c.Curriculum vitae of the person expected to head the early childhood education institution.

2.Procedures for reviewing and approving the establishment of other early childhood education institutions are stipulated as follows:

a.Organizations and individuals prepare documents as prescribed in Clause 1 of this Article.

b.The People's Committee of the commune receives, examines the documents, exchanges and reaches consensus with the Department of Education and Training to make a decision; notifies the result in writing to the organizations and individuals requesting to establish other early childhood education institutions within thirty days from the date of receiving complete valid documents.

Article 14. Merger, Splitting, Suspension of Operation, Dissolution of Kindergartens and Other Early Childhood Education Institutions

1.The authority that decides on establishment has the authority to decide on merger, splitting, suspension of operation, dissolution of kindergartens, nursery schools, and other early childhood education institutions.

2.Procedures for merging, splitting, establishing new kindergartens and other early childhood education institutions follow the provisions of Articles 11 and 13 of this Ordinance.

3.Suspension of operation and dissolution of kindergartens, nursery schools, and other early childhood education institutions shall be carried out according to the general regulations of the Government.

Article 15. Groups, Classes, Branch Schools

1.Children at school are organized into groups or classes.

a.Children aged from 3 months to 36 months are organized into groups. The maximum number of children per group is specified as follows:

From 3 to 6 months: 15 children

From 7 to 12 months: 18 children

From 13 to 18 months: 20 children

From 19 to 24 months: 22 children

From 25 to 36 months: 25 children.

b.Children aged from 37 months to 6 years are organized into classes. The maximum number of children per class is specified as follows:

Class for 4-year-olds: 25 children

Class for 5-year-olds: 30 children

Class for 6-year-olds: 35 children.

c.If the number of children is insufficient to form groups or classes as prescribed above, they may be organized into combined groups or combined classes.

2.Each group or class must have the required number of teachers; if there are two or more teachers, the principal assigns one teacher as the main supervisor.

3.Schools may consist of multiple branch schools located at different points within the same area; if each branch school has two or more groups or classes, the principal appoints one teacher as the overall supervisor.

Article 16. Professional Groups

1. Kindergarten teachers shall be organized into professional groups, including nurseryteacher groups, kindergarten teacher groups, or groups according to age or classgroups. Each professional group shall have a head and one to two deputy headsappointed by the principal.

2. The professional group shall have the following responsibilities:

a. Developing the group's activity plan, assisting members in building and implementingtheir work plans;

b. Organizing training sessions, exchanging experiences; self-improving professionaland vocational skills; participating in assessing the quality and effectiveness ofmembers' work;

c. Proposing rewards and disciplinary actions for teachers.

3. The professional group shall hold regular meetings monthly.

Article 17. Administrative and Management Groups

School staff shall be organized into administrative and management groups to assistthe principal in carrying out tasks serving school activities.

Article 18. Principal

1. The principal of a kindergarten is responsible for managing all school activities.

The principal of a public, semi-public, or recognized private kindergarten shall beappointed by the Chairman of the People's Committee at the district level upon therecommendation of the Director of the Department of Education and Training.

2. The principal must have a minimum educational qualification of a secondaryteaching degree, with at least five years of experience in early childhood education;must be trusted in both ethics and professionalism, and possess organizational andmanagement capabilities.

3. The principal has the following duties and powers:

a. Building and organizing the implementation of the academic year plan;

b. Managing school activities; establishing and appointing heads of professionalgroups, administrative and management groups; establishing school councils;

c. Assigning, managing, and inspecting teachers' and staff's work; proposingrewards and disciplinary actions and ensuring teachers' and staff's rights accordingto national regulations;

d. Administering administrative, financial, and property matters of the school;

đ. Implementing democratic regulations within the school;

e. Managing children and their activities organized by the school; admitting childreninto the school; reviewing assessment results and categorizing children based oncare and education content prescribed by the Ministry of Education and Training;

g. Attending political, professional, and school management training courses andenjoying the rights of principals as stipulated;

h. Proposing to local party committees, authorities, or leaders of the main enterpriseor organization managing the school; coordinating with social forces in the area tomobilize resources to serve the care and education of children at the school.

Article 19. Deputy Principals

1. Each school shall have one to two deputy principals appointed or recognized bythe Chairman of the People's Committee at the district level upon the recommendationof the Director of the Department of Education and Training.

2. Deputy principals assist the principal; they must have a minimum educationalqualification of a secondary teaching degree; have at least three years of experiencein early childhood education; be trusted in both ethics and professionalism; andpossess organizational and management capabilities.

3. Deputy principals have the following duties and powers:

a. Implementing and being responsible to the principal for assigned tasks;

b. Jointly bearing responsibility to superiors for school activities related to theirresponsibilities;

c. Acting on behalf of the principal to manage school activities when authorized.

d. Attending political, professional, and management training courses and enjoyingthe rights of deputy principals as stipulated.

Article 20. School Education Council

1. The school education council is an advisory organization established by theprincipal at the beginning of each academic year and chaired by the principal. Themembers of the council include: the vice-principal, representatives of the Partyorganization, the Teachers' Union, and the Ho Chi Minh Communist Youth Union ofthe school, heads of specialized groups, some excellent and experienced teachers,and the head of the parents' representative board of the school.

When necessary, the principal may invite representatives of local authoritiesand organizations to attend meetings of the school education council.

2. The school education council advises the principal on the development of plansfor childcare and education; evaluates the implementation of the plan by theschool; summarizes innovations, experiences, and proposes measures to improvethe school's operations.

3. Each semester, the school education council convenes at least once.

Article 21. Other councils in the school

1. The competition and award council is established by the principal at thebeginning of the academic year and chaired by the principal. Members of thecouncil include: the vice-principal, representatives of the Party organization,Teachers' Union, and Ho Chi Minh Communist Youth Union of the school, teachersin charge of groups and classes, and heads of specialized groups.

The competition and award council assists the principal in organizingcompetitions and evaluating awards.

The competition and award council convenes at the beginning of the academicyear and at the end of each semester.

2. In addition to the aforementioned council, when necessary, the principal mayestablish other advisory councils. The tasks, composition, and operating timesof these councils are decided by the principal.

Article 22. Party organizations and mass organizations in the kindergarten

1. The Party organization in the kindergarten leads the school and operateswithin the framework of the Constitution and laws.

2. The Teachers' Union, Ho Chi Minh Communist Youth Union, and other socialorganizations operate within the kindergarten according to the provisions oflaw to assist the school in achieving educational goals.

Article 23. Management of assets and finances

1. The management of the school's assets must comply with the regulations of theState. All members of the school have the responsibility to maintain and protectthe school's assets.

2. The management of income and expenditure from the school's financial sourcesmust comply with current State regulations; fully implement accounting, statisticsystems, and periodic reports as prescribed.

 

Chapter III

CHILD CARE, WELFARE AND EDUCATION ACTIVITIES

Article 24. Childcare, care, education programs, curricula, and reference materials

1. The Ministry of Education and Training promulgates and officially implementsunified nationwide:

A childcare and education program for children aged 3 to 36 months.

A care and education curriculum for 3-year-old kindergartners (ages 3-4, 4-5, 5-6).

A care and education program for 26-week-old children who have not attended 3-4,4-5-year-old kindergartens.

2. The Ministry of Education and Training prescribes the list of guidance materialsto implement the program, the list of learning materials, and the referencematerials permitted for use in schools.

Article 25. Implementation of childcare, care, education programs forchildren and academic staffing

1. The school implements the childcare, care, and education program for childrenas promulgated by the Ministry of Education and Training.

2. The school implements the academic staffing as prescribed by the Ministry ofEducation and Training.

3. Based on the childcare, care, and education program for children and theacademic staffing, the school develops a childcare, care, and education plan forchildren and a schedule suitable for local characteristics.

The temporary suspension of accepting children throughout the school due tospecial reasons not specified in the academic staffing must be decided by theChairman of the People's Committee of the district based on the proposal of theDirector of the Department of Education and Training.

Article 26. Activities for nurturing, caring for, and educating children

The activities for nurturing, caring for, and educating children shall be carried out through programs as prescribed:

1. Common activities:

Organizing the reception and dismissal of children;

Organizing personal hygiene care and environmental sanitation education;

Organizing health management and safety for children;

Organizing recreational activities;

Organizing educational activities;

Organizing labor activities;

Organizing festivals, celebrations, outings, and excursions.

2. At boarding schools or residential schools, additional activities include organizing meals and sleep for children.

3. The activities for nurturing, caring for, and educating children also take place through campaigns to disseminate scientific knowledge about nurturing, caring for, and educating children to parents and the community.

Article 27. Record-keeping System

The record-keeping system for monitoring educational activities in schools includes:       

1. For the school:

Comprehensive record book,

Professional monitoring record book,

Resolution record book,

Teacher and staff evaluation record book,

Record book for storing documents and circulars,

Property and financial management record book,

Child meal management record book.

2. For teachers at groups and classes:

Lesson preparation record book,

Child monitoring record book,

Observation and class visit record book,

Group and class property monitoring record book.

Article 28. Evaluation of Results in Nurturing, Caring for, and Educating Children

The assessment of results in caring for and educating children shall be conducted through the following methods:

Regular health checks for children;

Evaluating physical, emotional, intellectual, and aesthetic development of children based on the evaluation guidelines issued by the Ministry of Education and Training.

Chapter IV

TEACHERS

Article 29. Kindergarten Teachers

Teachers are those responsible for nurturing, caring for, and educating children in schools, including principals, vice-principals, and group/class teachers.

Article 30. Duties of Teachers

Group/class teachers have the following duties:

1. Implementing the program and plan for nurturing, caring for, and educating children according to age groups; adhering to professional regulations and school rules;

2. Ensuring absolute safety of children's lives;

3. Being exemplary, loving, respecting, and treating children fairly;

4. Proactively coordinating with parents in nurturing, caring for, and educating children and disseminating scientific knowledge on child-rearing to parents;

5. Cultivating morality; studying culture; enhancing professional skills to improve the quality and effectiveness of nurturing, caring for, and educating children;

6. Implementing decisions made by the principal, subject to supervision by the principal and educational management levels;

7. Adhering to other legal provisions.

Article 31. Rights of Teachers

Kindergarten teachers have the following rights:

1. Being provided conditions by the school to fulfill their duties in nurturing, caring for, and educating children;

2. Enjoying all material and spiritual benefits and being cared for and protected in terms of health according to the regulations and policies for educators;

3. Participating in school management directly or through their organizations;

4. Being sent for further studies to enhance their professional qualifications;

5. Enjoying other rights as stipulated by law.

Article 32. The standard training qualification of teachers

1. The standard qualification for kindergarten teachers is completion of a kindergarten teacher training college.

2. Teachers who have not reached the standard qualification specified in Clause 1 of this Article shall be provided conditions by the school and educational management agencies to study and enhance their qualifications to meet the standard.

3. Teachers with qualifications above the standard shall be provided conditions to utilize their expertise in nurturing, caring for, and educating children.

4. Graduates from vocational high schools, colleges, and universities without teacher training wishing to become kindergarten teachers must undergo specialized kindergarten teacher training courses designed for them at teacher training schools or departments.

Article 33. Conduct, Language, and Dress Code for Teachers

1. The conduct and language of teachers must be exemplary and have an educationalimpact on children.

2. The attire of teachers must be neat and appropriate for childcare, care, andeducation activities.

Article 34. Prohibited Acts

Teachers are prohibited from engaging in the following acts:

Violating the physical body, insulting dignity and personality, and treatingchildren unfairly.

Article 35. Rewards and Handling of Violations

1. Teachers with outstanding achievements shall be commended and awarded titlesof merit and other noble titles for educators.

2. Teachers who commit shortcomings shall be dealt with according to the provisionson administrative penalties in the field of education based on the nature and level ofviolation.

Chapter V

CHILDREN

Article 36. Age and Conditions for Enrollment

Children may be enrolled in school under the following conditions:

1. Children aged from three months to six years old. Children from areas withspecial economic and social difficulties, disabled children, and disadvantaged childrenmay be enrolled at an older age than specified.

2. Not suffering from infectious diseases or dangerous congenital illnesses.

Article 37. Rights of Children

Children have the following rights:

1. To be admitted to schools in their place of residence; to choose schools outsideof their place of residence if those schools have the capacity to accept them.

2. To be respected and protected, and to be treated equally in comprehensive careand education.

3. To participate in activities aimed at developing their talents organized by theschool if conditions permit.

4. To enjoy social allowances if available.

5. To enjoy other rights as prescribed by law.

Article 38. Conduct, Language, and Dress Code for Children

1. The conduct and language of children must be polite, cultured, and appropriatefor the preschool age group.

2. The attire of children must be clean, tidy, suitable for their age, and convenientfor play and study activities.

Article 39. Rewards and Reminders

1. Well-behaved children will be rewarded in the following forms:

Receiving certificates of good behavior

Being awarded in competitions

Being awarded at the end of the academic year

2. Children who make mistakes will be reminded by teachers and parents will beinformed.

Chapter VI

PHYSICAL INFRASTRUCTURE AND EQUIPMENT.

Article 40. Schools

1. Location:

a. The school should be located in the center of residential areas, ensuring safetyand environmental hygiene, and convenience for children to attend school.

b. The school must be surrounded by walls; it must have gates and signs. The signsshould include the following information:

Top left corner:

First line: People's Committee of the district (name of the district, city district,city town, provincial city)

Second line: Department of Education and Training

Center: Name of the school (as stipulated in Clause 1 of Article 5 of this Charter)

Bottom: Address of the school, telephone number (if applicable)

2. Floor Area:

The floor area is defined as a minimum average of 10m²/child for rural and mountainous areas; 6m²/child for urban and town areas (with 50% of the area being gardens).

3. Structure of Buildings:

a. Rooms for the nursery age group;

b. Rooms for the kindergarten age group;

c. Music activity room;

d. Physical training room;

e. Assembly hall;

f. School office;

g. Dining facilities;

h. Gardens;

i. Water supply and sanitation system.

4. Requirements for Design and Construction:

a. The school must be built according to the design model prescribed by the Ministryof Education and Training;

b. The buildings must be constructed solidly;

c. The buildings must ensure warmth in winter and coolness in summer;

d. There must be sufficient natural light and ventilation;

e. The floors must be tiled with glazed tiles.

Article 41. Equipment, Utensils, and Toys

1. The school must have sufficient toys and personal utensils for children inaccordance with the regulations of the Ministry of Education and Training, ensuringthe requirements for nurturing, caring for, and educating children.

2. The school must develop plans for maintaining, repairing, replacing, supplementing,and upgrading equipment, utensils, and toys.

 Chapter VII

SCHOOL, FAMILY, AND COMMUNITY

Article 42. Responsibilities of the School

1. Proactively propose measures to the local Party Committee and administrativeauthorities, cooperate with families and society to build a unified educationalenvironment to achieve the goals of nurturing, caring for, and educating children.

2. Promote and disseminate scientific knowledge about nurturing, caring for, andeducating children to parents and the community.

Article 43. Responsibilities of Families

1. Regularly contact the school to be promptly informed of the situation of theirchildren in order to coordinate with the school in nurturing, caring for, andeducating children.

2. Contribute all amounts as prescribed fully and promptly.

3. Participate in school activities to contribute to improving the quality ofnurturing, caring for, and educating children.

Article 44. Parent-Teacher Association

1. The Parent-Teacher Association shall be elected by the parents or guardiansof the children to represent the parents or guardians in resolving relationshipsbetween the school and the family to enhance the quality and effectiveness ofnurturing, caring for, and educating children.

2. Parent-Teacher Associations at schools include:

a. The Parent-Teacher Association of groups and classes, elected by the parentsof the children in those groups and classes, consisting of from 1 to 3 members,tasked with coordinating with the group and class teachers to encourage familiesin fulfilling their responsibilities and rights regarding nurturing, caringfor, and educating children.

b. The Parent-Teacher Association of the school, elected by the Parent-TeacherAssociations of the groups and classes, consisting of from 3 to 5 members, whowill elect a chairperson. The Parent-Teacher Association of the school is taskedwith coordinating with the School Education Council and the Commune EducationCouncil to implement the cooperative relationships defined in Article 45 of thisRegulation.

Article 45. Cooperative Relationships between the School and Political-SocialOrganizations and Local Mass Organizations

The school must proactively coordinate with the Commune Education Council, theParent-Teacher Association, and individuals and organizations in the communitywith passion and experience in child education to:

Unify viewpoints, content, and methods of education among the school, family,andsociety;

Mobilize all forces in the community to care for preschool education事业；参与幼儿园设施和设备建设；营造健康的教育环境。/。