Circular No. 28/2011/TT-BGDĐT Amending and Supplementing Certain Provisions of the Regulation on the Organization and Operation of Private Kindergartens Issued Together with Decision No. 41/2008/QĐ-BGDĐT dated July 25, 2008 of the Minister of Education and Training.

CIRCULAR

Regarding the amendment and supplementation of certain Articles of the Private Kindergarten Organization and Operation Regulation issued together with

Decision No. 41/2008/QD-BGDĐT dated July 25, 2008, by the Minister of Education and Training

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

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006, of the Government detailing and guiding the implementation of certain provisions of the Education Law, and Decree No. 31/2011/NĐ-CP dated May 11, 2011, amending and supplementing Decree No. 75/2011/NĐ-CP dated August 2, 2006, detailing and guiding the implementation of certain provisions of the Education Law;

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. 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. 115/2010/NĐ-CP dated December 24, 2010 of the Government stipulating responsibilities for state management of education;

Pursuant to Decision No. 14/2008/QD-BGDĐT dated April 7, 2008, of the Minister of Education and Training promulgating the Kindergarten Charter, Circular No. 44/2010/TT-BGDĐT dated December 30, 2010, and Circular No. 05/2011/TT-BGDĐT dated February 10, 2011, of the Minister of Education and Training on amending and supplementing certain provisions of the Kindergarten Charter.

At the proposal of the Director of the Department of Early Childhood Education, the Minister of Education and Training decides:

Article 1. To amend and supplement certain provisions of the Private Kindergarten Organization and Operation Regulation issued together with Decision No. 41/2008/QD-BGDĐT dated July 25, 2008, of the Minister of Education and Training as follows:

1. Adding Clause 4 to Article 1 as follows:

“4. This document does not apply to the establishment of private kindergartens, nurseries, groups, and independent kindergarten classes with foreign elements.”

a) Persons who have retired or stopped working due to loss of labor capacity but have not yet received the allowance according to the provisions of Clause 7 Article 2 of Decision number 87-CT dated March 1, 1985 of the Chairman of the Council of Ministers on the regime and policies for cadres dispatched to serve in Laos and Cambodia;

“1. Private kindergartens, nurseries, groups, and independent kindergarten classes are educational institutions under the national education system of the Socialist Republic of Vietnam, established by social organizations, social-professional organizations, economic organizations, or individuals upon permission from competent state authorities. The capital for constructing physical facilities and ensuring operating funds comes from sources outside the state budget.”

"2. Regular education inspection collaborators must also meet the following criteria:

“2. Enrolling preschool children in school; organizing inclusive education for children with disabilities and children in difficult circumstances; implementing universal preschool education for five-year-olds.”

4. Article 6 is amended and supplemented as follows:

“Article 6. Conditions for Permission to Establish and Operate Private Kindergartens and Nurseries.

1. Private kindergartens and nurseries are permitted to establish when they meet the following conditions:

a) Having a school establishment project that aligns with local socio-economic development planning and educational institution network planning, approved by competent state authorities;

b) The school establishment project clearly defines objectives, tasks, programs, and educational content; land, physical facilities, equipment, proposed construction site, organizational structure, resources, and finance; strategic directions for building and developing the school;

c) Possessing financial capability and physical facilities that meet the requirements for operation and development of private kindergartens and nurseries.

2. Private kindergartens and nurseries are permitted to operate education when they meet the following conditions:

a) Having a decision permitting the establishment of a private kindergarten or nursery;

b) Having land, school premises, physical facilities, equipment, toys, and playthings according to the types and quantities specified by the Ministry of Education and Training, meeting the requirements for maintaining and developing educational activities as stipulated in Article 29 of this Regulation;

c) The location for establishing a private kindergarten or nursery ensures an educational environment and safety for children, teachers, and staff;

d) Having at least three groups or classes with a minimum of fifty children and no more than twenty groups or classes;

đ) Having a preschool education program and childcare and education materials in accordance with the regulations of the Ministry of Education and Training;

e) Having a management team and teachers who meet the standards, have sufficient numbers, and are reasonably structured to implement the preschool education program as stipulated in Articles 14, 15, 16, 20, and 22 of this Regulation; organizing educational activities as stipulated in Articles 22 and 24 of the Kindergarten Charter;

g) Having an organizational and operational charter for the kindergarten or nursery.

3. Within two years, if a private kindergarten or nursery meets the conditions stipulated in Clause 2 of this Article, it will be permitted to operate education by the competent authority; if it fails to meet these conditions after the specified period, the decision to permit establishment will be revoked.”

5. Article 7 is amended and supplemented as follows:

“Article 7. Authority to Permit Establishment and Operation of Private Kindergartens and Nurseries

1. The Chairman of the People's Committee of the district decides to permit establishment for private kindergartens and nurseries;

2. The Director of the Department of Education and Training permits operation of education for private kindergartens and nurseries;

3. The person authorized to establish or permit establishment has the authority to revoke the establishment permit; decide on mergers, divisions, or dissolutions; and dissolve the kindergarten or nursery. The person authorized to permit operation of education has the authority to decide on suspending educational operations."

6. Article 8 is amended and supplemented as follows:

“Article 8. Documents for Requesting Permission to Establish and Operate Private Kindergartens and Nurseries

1. Documents for requesting permission to establish a private kindergarten or nursery include:

a) A request for permission to establish a private kindergarten or nursery from the organization or individual applying for establishment. The request should clearly state the necessity of establishment; the name of the kindergarten or nursery; and the proposed location for the kindergarten or nursery’s headquarters for nurturing, caring for, and educating children.”

b) The project for establishing private schools and kindergartens: determining its alignment with economic and social development plans and educational institution network planning; objectives, tasks, programs, and educational content; clearly defining land ownership rights, material and equipment facilities; organizational structure; management staff and teachers; resources and finance; planning and solutions for building and developing the school and kindergarten at each stage. The project must specify the total expected capital to implement the plan and ensure nurturing, caring, and educating children in the first three years of establishment and subsequent years, providing clear explanations on the feasibility and legality of investment funds for building and developing private schools and kindergartens at each stage.

c) A confirmation document from the competent authority regarding financial capacity and material conditions meeting the operational requirements of the school and kindergarten. There should be a document in accordance with current laws confirming the origin of the land or the policy of allocating land or a principle lease agreement for renting premises to establish the private school and kindergarten with a minimum lease term of 5 (five) years.

d) A draft overall site planning and preliminary architectural design for buildings constructed on the land for establishing the private school and kindergarten, or architectural designs if existing premises are available, ensuring compliance with educational scale and area standards for nurturing, caring, and educating children.

đ) One (1) set of application files.

2. The application package for permission to operate educational activities for private schools and kindergartens includes:

a) Certified copy of the Decision allowing the establishment of the private school and kindergarten;

b) A request for permission to operate educational activities for the private school and kindergarten;

c) A detailed report on the implementation of the investment project for establishing the private school and kindergarten. The report must clarify specific completed or ongoing tasks: financial matters, land conditions, material and equipment facilities serving nurturing, caring, and educating children; management staff and teachers;

d) A list accompanied by biographies, certified copies of valid diplomas and certificates of the Chairman of the Board of Directors, Board members, investors, and those expected to serve as Principals, Deputy Principals, Heads of departments, and signed employment contracts between the private school and kindergarten and each manager; a list accompanied by biographies, certified copies of valid diplomas and certificates of teachers and staff, commitments to nurture, care for, educate, and ensure safety for children, and signed employment contracts between the private school and kindergarten and each teacher;

đ) Internal organization, operation regulations, and internal expenditure rules of the private school and kindergarten; commitment to ensure safety and implement nurturing, caring, and educating children according to the program of the Ministry of Education and Training;

e) Early childhood education curriculum and materials supporting the implementation of the early childhood education curriculum;

g) List of classroom quantities, office rooms, material and equipment facilities meeting the conditions stipulated in Article 29 of this Regulation;

h) Legal documents confirming land usage rights or lease agreements for the premises of the private school and kindergarten with a minimum term of 5 (five) years;

i) Legal documents confirming the current amount of money managed by the private school and kindergarten, ensuring legality and a commitment to only use it for construction and regular activity costs after obtaining permission to operate educational activities from the competent authority; funding mobilization plans and subsequent financial balancing plans to ensure stable operations of the school and kindergarten over a five-year period starting from when the private school and kindergarten begin enrollment;

k) The application package must be adjusted according to the provisions of the law when transferring, renaming, or changing location;

l) One (1) set of application files.

7. Article 9 is amended and supplemented as follows:

"Article 9. Procedures and formalities for establishing and granting permission to operate educational activities for private schools and kindergartens

1. Procedures and formalities for establishing private schools and kindergartens are regulated as follows:

a) Organizations and individuals applying to establish private schools and kindergartens must submit complete application packages in accordance with Clause 1 of Article 8 of this Regulation, either directly or through postal service to the People's Committee of the district;

b) Within twenty (20) working days from the date of receiving complete and valid applications, the People's Committee of the district shall direct the Department of Education and Training and related specialized departments to review the application package and the conditions for establishing private schools and kindergartens as specified in Clause 1 of Article 6 of this Regulation;

c) Within fifteen (15) working days from the date of receiving the written review opinions of the Department of Education and Training and related specialized departments, if the private school and kindergarten meet all the conditions stipulated in Clause 1 of Article 8 of this Regulation, the Chairman of the People's Committee of the district shall issue a decision allowing the establishment of the private school and kindergarten. If the conditions are not met, the Chairman of the People's Committee of the district shall notify in writing the Department of Education and Training, the organizations and individuals applying to establish the private school and kindergarten. The notification must specify the reasons and proposed solutions (if any).

2. Procedures and formalities for granting permission to operate educational activities for private schools and kindergartens are regulated as follows:

a) Organizations and individuals applying for permission to operate educational activities must submit complete application packages in accordance with Clause 2 of Article 8 of this Regulation, either directly or through postal service to the Department of Education and Training;

b) The Department of Education and Training will receive and organize the review of the application package for permission to operate educational activities submitted by organizations and individuals. If the application package does not meet the requirements stipulated in Clause 2 of Article 8 of this Regulation, the Department of Education and Training will notify the private school and kindergarten to supplement and perfect the application. If the application package meets all the requirements stipulated in Clause 2 of Article 8 of this Regulation, the Department of Education and Training will notify the private school and kindergarten of the actual inspection schedule.

c) Within twenty (20) working days from the date of notification of the plan for on-site inspection, the Department of Education and Training shall take the lead in organizing the on-site inspection at private schools and kindergartens in coordination with relevant specialized departments.

d) If the private school or kindergarten meets the conditions stipulated in Clause 2, Article 6 of this Regulation, the Head of the Department of Education and Training shall issue a Decision to permit educational activities. If the private school or kindergarten does not meet the conditions stipulated in Clause 2, Article 6 of this Regulation, the Department of Education and Training shall notify the private school or kindergarten in writing, specifying the reasons and solutions (if any).

8. Article 10 is amended and supplemented as follows:

Article 10. Merger, division, separation, suspension of educational activities, dissolution of private schools and kindergartens

1. Merger, division, separation of private schools and kindergartens

a) When merging, dividing, or separating, private schools and kindergartens must ensure the following requirements:

- Compliance with the education network planning and meeting the socio-economic development needs of the locality;

- Ensuring safety and the rights of children, contributing to improving the quality and effectiveness of childcare, care, and education activities;

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

b) The conditions, documents, procedures, and formalities for the merger, division, or separation of private schools and kindergartens to establish new private schools and kindergartens shall be implemented in accordance with Clause 1, Article 6, Clause 1, Article 8, and Clause 1, Article 9 of this Regulation.

2. Suspension of educational activities of private schools and kindergartens

a) A private school or kindergarten may have its educational activities suspended if any of the following situations occur:

- Failure to ensure the safety of life for children and teachers, employees, and managers;

- Violation of administrative penalty regulations in the field of education at a level requiring suspension according to current provisions;

- Failure to ensure the quality of childcare, care, and education;

- Failure to meet the conditions stipulated in Clause 2, Article 6 and Clause 2, Article 8 of this Regulation;

- Engaging in fraudulent behavior to obtain permission for educational activities;

- Granting permission for educational activities beyond authority;

- Not conducting educational activities within six (6) months from the date of permission for educational activities.

- Other cases as prescribed by law.

b) Documents for suspending the educational activities of private schools and kindergartens include:

- Decision to establish a verification team by the Department of Education and Training;

- Inspection records;

- Evidence proving that the private school or kindergarten has violated one of the cases specified in point a, Clause 2, Article 10 of this Regulation;

- Plan to ensure the legitimate rights and interests of children, teachers, managers, and employees when the educational activities are suspended.

c) Procedures and formalities for suspending the educational activities of private schools and kindergartens.

- Upon discovering that a private school or kindergarten has violated one of the cases specified in point a, Clause 2, Article 10 of this Regulation, the Department of Education and Training shall prepare the documents and notify the private school or kindergarten about the violation;

- Within five (5) working days from the date of notification to the private school or kindergarten regarding the discovery of the violation, the Head of the Department of Education and Training shall review and decide whether to suspend or not suspend the educational activities of the private school or kindergarten.

d) The Decision to suspend the educational activities of a private school or kindergarten must clearly state the reason for suspension, the duration of suspension, measures to ensure the rights and interests of children, teachers, managers, and employees. The Decision to suspend the educational activities of a private school or kindergarten must be publicly announced through mass media.

đ) At the end of the suspension period, if the cause leading to the suspension has been resolved, the Head of the Department of Education and Training shall review and decide to allow the resumption of educational activities for the private school or kindergarten.

3. Dissolution of private schools and kindergartens

a) A private school or kindergarten may be dissolved if any of the following situations occur:

- Serious violations of management, organization, and operation regulations of the school or kindergarten; failure to ensure the quality of childcare, care, and education;

- Expiration of the suspension period without resolving the cause of the suspension;

- Objectives and activities of the private school or kindergarten no longer align with the socio-economic development needs of the locality;

- At the request of the organization or individual who applied to establish the private school or kindergarten.

b) Documents for dissolution include:

- Decision to establish a verification team by the People's Committee of the district;

- Inspection records;

- Petition for dissolution of the school or kindergarten by the Department of Education and Training, specifying the reasons for dissolution and attaching evidence proving that the school or kindergarten has violated one of the cases specified in point a, Clause 3, Article 10 of this Regulation, or the petition for dissolution by the organization or individual who established the school or kindergarten. The petition should specify the reasons for dissolution, measures to resolve the legitimate rights and interests of children, teachers, managers, and employees after the dissolution of the private school or kindergarten, and plans for financial and asset resolution.

c) Procedures and formalities for dissolving private schools and kindergartens.

- Organizations or individuals establishing schools or kindergartens wishing to dissolve them shall submit the documents directly or via postal service to the People's Committee of the district.

- In cases where violations of one of the situations specified in point a, Clause 3, Article 10 of this Regulation are discovered or reported by agencies, organizations, or individuals, the People's Committee of the district shall direct the Department of Education and Training to take the lead and coordinate with relevant specialized departments within twenty (20) days to conduct inspections, verify, prepare dissolution documents, notify the private school or kindergarten, and report to the People's Committee of the district, specifying the reasons for dissolution.

- Within ten (10) working days from the date of receipt of the dissolution petition for the school or kindergarten, the Chairman of the People's Committee of the district shall review and decide whether to dissolve or not dissolve the private school or kindergarten.

d) The decision to dissolve a private school or kindergarten must clearly state the reasons for dissolution, measures to ensure the rights of children, teachers, staff within the institution; plans for handling assets and finances of the institution, ensuring transparency and openness. The decision to dissolve a private school or kindergarten must be publicly announced on mass media outlets.

9. Article 11 shall be amended and supplemented as follows:

Article 11. Conditions and procedures for establishing, merging, splitting, suspending, dissolving, and allowing the operation of independent private preschool groups and classes

1. Independent private preschool groups and classes are other preschool education facilities under the national education system.

2. Conditions for establishment, documentation, and procedures for establishing independent private preschool groups and classes shall be carried out in accordance with the Kindergarten Charter and this Regulation.

3. Organizations and individuals applying to establish independent private preschool groups and classes shall be permitted to establish when they meet the following conditions:

a) Independent private preschool groups and classes are established solely to achieve the goal of nurturing, caring for, and educating preschool children, meeting the childcare needs of families, being suitable to local demands, and contributing to the State's care for educational endeavors;

b) Having a sufficient number of teachers as stipulated in Article 22 and point d Clause 1 Article 19 of this Regulation;

c) Nurture rooms, care and education equipment, toys, and materials must comply with the provisions set forth in Article 30 of this Regulation;

d) The person named in the application to establish an independent private preschool group or class (hereinafter referred to as the group or class owner) must meet the standards prescribed in Article 16 of this Regulation and provide a commitment to ensure safety for children while they are in the group or class;

đ) The number of children in one private preschool facility does not exceed fifty children;

4. Documentation, procedures, and registration for establishing independent private preschool groups and classes:

a) Documentation includes:

- A proposal requesting permission to establish an independent private preschool group or class;

- Copies of valid certificates and credentials of teachers and the group or class owner;

- Valid land and property certificates;

- One (1) set of documentation

b) Procedures and steps for granting permission to establish independent private preschool groups and classes are as follows:

- Organizations and individuals submit the documentation directly or via postal service to the People's Committee at the commune level. Within five (5) working days from the date of receiving complete and valid documentation, the People's Committee at the commune level will send a letter to the Department of Education and Training requesting inspection of the conditions for establishing the independent private preschool group or class;

- Within ten (10) working days, the Department of Education and Training will review the documentation and conduct an on-site inspection of the independent private preschool group or class. If the conditions stipulated in Clause 3 of this Article are met, the Department of Education and Training will issue a written opinion to the People's Committee at the commune level;

- Within ten (10) working days from the date of receipt of the reply letter from the Department of Education and Training, the Chairman of the People's Committee at the commune level will decide to grant permission to establish the independent private preschool group or class. In cases where establishment is not permitted, the Chairman of the People's Committee at the commune level will notify the Department of Education and Training and the organization or individual who submitted the application. The notification must clearly state the reasons for not granting permission and possible solutions (if applicable);

c) Within six (6) months, if the independent private preschool group or class meets all the conditions stipulated in Clause 3 and point a Clause 4 of this Article, it will be allowed by the competent authority to operate educational activities; if the conditions for operating educational activities are not met beyond the specified period, the decision to permit establishment of the independent private preschool group or class will be revoked.

5. The Chairman of the People's Committee at the commune level grants permission to establish an independent private preschool group or class based on a written request from the Department of Education and Training.

6. Conditions, documentation, procedures, and authority for permitting educational activities for independent private preschool groups and classes.

a) An independent private preschool group or class is permitted to engage in educational activities when it meets the following requirements:

- There is a decision granting permission to establish the independent private preschool group or class;

- The location of the independent private preschool group or class ensures a safe educational environment for children, teachers, and workers;

- It has a preschool education curriculum and minimum childcare and education materials as prescribed by the Ministry of Education and Training;

- It has the minimum conditions regarding teachers, management personnel, and physical infrastructure to ensure safety and quality of childcare and education according to the preschool education curriculum issued by the Ministry of Education and Training, as stipulated in Clause 2, Clause 3 Article 16; Clause 1 Article 19; Article 20; Article 22; Article 30 of this Regulation;

- It has regulations on the organization, operation, and expenditure of the independent private preschool group or class.

b) Documentation, procedures, and authority for permitting educational activities for independent private preschool groups and classes.

- Documentation includes: Certified copies of the Decision granting permission to establish the independent private preschool group or class; a proposal requesting permission for the private school or kindergarten to engage in educational activities; the program and plan for childcare and education of the independent private preschool group or class. One (1) set of documentation.

- Organizations and individuals submit the documentation directly or via postal service to the People's Committee at the commune level. Within five (5) working days from the date of receiving complete and valid documentation, the People's Committee at the commune level will send a letter to the Department of Education and Training requesting inspection and permission for the independent private preschool group or class to operate.

- Within ten (10) working days, the Department of Education and Training shall examine the file and inspect the actual conditions of the independent private kindergarten class or group. If it finds that the conditions stipulated in Clause 3; Point a, Clause 4 of this Article are met, the Department of Education and Training shall issue an educational operation permit for the independent private kindergarten class or group. If the independent private kindergarten class or group does not meet the required conditions for educational operation, the Department of Education and Training shall notify the independent private kindergarten class or group in writing, specifying the reasons and solutions (if any).

- The Head of the Department of Education and Training shall approve or suspend the educational operation of the independent private kindergarten class or group.

7. Merger, division, or separation of independent private kindergarten classes or groups

a) The merger, division, or separation of independent private kindergarten classes or groups must ensure the following requirements:

- Meeting the childcare needs of families and being consistent with the actual conditions of the locality;

- Ensuring safety and the rights of children, contributing to improving the quality and effectiveness of childcare, care, and education activities;

- Ensuring the rights of teachers and staff.

b) The Chairman of the People's Committee at the commune level shall decide on the merger, division, or separation of independent private kindergarten classes or groups;

c) Documents, procedures, and formalities for the merger, division, or separation of independent private kindergarten classes or groups to form new kindergarten classes or groups shall be carried out as follows:

- Documents

+ A request for permission to merge, divide, or separate independent private kindergarten classes or groups from organizations or individuals. In which, the plan for merging, dividing, or separating independent private kindergarten classes or groups must comply with the requirements set forth in the Kindergarten School Charter and this Regulation and the actual conditions of the locality;

+ Valid certificates and licenses of teachers, leaders of independent private kindergarten classes or groups;

+ Valid land use right certificate and property certificate.

- Procedures and formalities

+ Organizations or individuals requesting to merge, divide, or separate independent private kindergarten classes or groups shall submit the documents directly or through postal service to the People's Committee at the commune level;

+ The People's Committee at the commune level shall receive, examine, and within fifteen (15) working days from the date of receipt of complete documents as prescribed, if it finds that the conditions are met, the Chairman of the People's Committee at the commune level shall decide on the merger, division, or separation of independent private kindergarten classes or groups.

8. Suspension or dissolution of the operation of independent private kindergarten classes or groups

a) Suspension of independent private kindergarten classes or groups

- An independent private kindergarten class or group shall be suspended from operation if any of the following situations occur:

+ Failure to ensure safety of life for children and staff;

+ Violation of administrative penalties regulations in the field of education at a level requiring suspension according to current regulations;

+ Failure to ensure the quality of childcare, care, and education of children;

+ Failure to meet one of the conditions stipulated in Clause 3 of this Article; Article 19; Article 20 of this Regulation;

- The suspension operation file includes: Decision to establish inspection team, inspection record, and relevant documents from the Department of Education and Training for cases of violation requiring suspension under this Regulation. The number of files is one (1) set;

- The Department of Education and Training shall cooperate with the People's Committee at the commune level to organize inspections, confirm the reasons for suspension, and issue a decision to suspend the educational operation of the independent private kindergarten class or group. The suspension decision must clearly state the reasons, duration of suspension, and remedial measures;

- Upon completion of the suspension period, if the causes leading to the suspension have been resolved, the Head of the Department of Education and Training shall review and decide to allow the independent private kindergarten classes or groups to resume operations.

b) Dissolution of independent private kindergarten classes or groups

- Independent private kindergarten classes or groups shall be dissolved and their educational operation permits revoked if any of the following situations occur:

+ Serious violation of management, organization, and operation regulations of independent private kindergarten classes or groups;

+ Expiration of the suspension period without resolving the causes leading to the suspension;

+ The objectives and activities of independent private kindergarten classes or groups are no longer in line with the socio-economic development requirements of the locality;

+ At the legitimate request of the organization or individual named in the establishment of the independent private kindergarten class or group.

- The dissolution file of independent private kindergarten classes or groups includes: Decision to establish inspection team, inspection record, and relevant documents from the Department of Education and Training for cases of violation requiring dissolution under this Regulation. The number of files is one (1) set.

- Within twenty-five (25) working days from the date of receipt of complete documents as prescribed, the People's Committee at the commune level shall cooperate with the Department of Education and Training to organize inspections, confirm the reasons for dissolution, propose the Chairman of the People's Committee at the commune level to consider and decide on the dissolution of the independent private kindergarten class or group, while the Head of the Department of Education and Training shall decide to revoke the educational operation permit of the kindergarten class or group.

10. Article 12 is amended and supplemented as follows:

"1. Private schools or kindergartens with two or more capital contributors must have a Board of Directors.

2. The Board of Directors is the sole representative of the ownership rights of private schools or kindergartens, having the authority to make decisions on important issues regarding planning, development plans, organization, personnel, finance, assets, ensuring the implementation of educational goals, in compliance with the provisions of the law.

3. Organizational structure, internal rules of operation, and procedures for establishing the Board of Directors

a) Organizational structure

- Members of the Board of Directors are those who have contributed to building the school;

- The Board of Directors consists of three to eleven members, including the Chairman of the Board; Vice-Chairman of the Board (if necessary), Secretary, and other members.

b) Internal rules of operation

- The Board of Directors shall convene at least once every quarter. Extraordinary meetings may be convened by the Chairman of the Board of Directors when at least one-third (1/3) of the Board members propose such meetings.

- A Board of Directors meeting is recognized as valid when at least three-quarters (3/4) of the Board members are present. The Board of Directors passes resolutions through voting at the meeting or by written ballot. Board members have equal voting rights. A resolution of the Board of Directors becomes effective when more than half of the Board members agree. In case of an equal number of votes, the final decision belongs to the side with the opinion of the Chairman of the Board. Documents and resolutions of the Board of Directors must be signed by the Chairman of the Board. Resolutions of the Board of Directors shall be publicly announced in private schools and kindergartens.

c) Establishment procedures

- The first term Board of Directors is nominated by the organization or individual applying for establishment. From the second term onwards, the establishment of the Board of Directors is carried out according to the principle of secret ballot at the Shareholders' General Meeting and representatives of teachers and staff of the school and kindergarten.

- Based on the organizational structure, tasks, and authorities of the Board of Directors, the organization or individual applying for establishment of the school and kindergarten compiles a list of personnel and submits a report requesting the Department of Education and Training to issue a decision recognizing the Board of Directors.

- The Chairman of the Board of Directors is elected by the Board of Directors members; the Secretary of the Board of Directors is appointed by the Chairman of the Board of Directors. The term of the Board of Directors is five (5) years. Annually, if there are changes in personnel, the Chairman of the Board of Directors prepares a document requesting the competent authority to issue a decision supplementing and improving the Board of Directors.

11. Clause 4, Clause 5 Article 13 are amended as follows:

“4. To resolve urgent requests regarding the supplementation and change of Board of Directors members during the term and to request the Director of the Department of Education and Training to issue a recognition decision.

5. To develop the organizational and operational plan of the school; approve the organizational structure, staffing, and related personnel issues of the school and kindergarten proposed by the Principal; to propose recognition or revocation of the Principal's position, deputy Principal's position, and submit to the Director of the Department of Education and Training for a recognition decision.”

12. Article 14 is amended as follows:

Clause 1 Article 14 is amended as follows:

“1. The Chairman of the Board of Directors is a citizen of the Socialist Republic of Vietnam, serving as the head of the Board of Directors. The Chairman of the Board of Directors is elected by the Board of Directors from among its members through a secret ballot, the candidate must win more than half of the votes when at least two-thirds (2/3) of the Board members participate in the vote, and be recognized by the Director of the Department of Education and Training based on the proposal of the Board of Directors and the provisions of this Article. The term of the Chairman of the Board of Directors is five (5) years.”

b) Point b Clause 4 Article 14 is amended as follows:

“b) Authorities:

- Supervise the Principal and teachers in their professional activities;

- Sign employment contracts with the Principal and Deputy Principal after being recognized by the Director of the Department of Education and Training;

- Be authorized to negotiate tuition fees with parents or guardians of children;

- Have the right to manage the organizational structure, use the seal of the school within the scope of assigned functions, duties, and authorities. Chair activities and implement decisions of the Board of Directors.”

13. Clause 1 Article 15 is amended as follows:

“1. The Principal of the private school and kindergarten is a citizen of the Socialist Republic of Vietnam, recognized by the Director of the Department of Education and Training upon nomination, not exceeding sixty-five (65) years old. The term of the Principal is five (5) years.”

14. Point b Clause 2 Article 22 is supplemented as follows:

“b. Implement nurturing, caring, and educating children according to the preschool education program: planning; building a nurturing and educational environment; organizing activities and being responsible for the quality of nurturing, caring, and educating children; managing and evaluating children's development. Participate in other school activities. Ensure safety for children during their time at the school, kindergarten, group, or independent private preschool class; participate in universalizing preschool education for five-year-old children.”

15. Clause 2 Article 34 is amended as follows:

“2. In cases where there is sufficient evidence proving that the private school, kindergarten, group, or independent private preschool class does not comply with state laws, regulations, and provisions of the Ministry of Education and Training; does not ensure safety and quality of nurturing, caring, and educating children; does not meet minimum requirements for facilities and equipment; or operates without a permit to establish and operate education, depending on the level of violation, they will be handled according to one of the following measures:

a) Written warning; 

b) Administrative fine according to current regulations;

c) Suspension of work for individuals, officials, teachers, or staff members, or suspension of educational activities for the school or educational institution;

d) Suspension of operations or dissolution; 

đ) Recommendation for handling in accordance with the law.”

Article 2. This Circular takes effect from August 29, 2011. Previous regulations contrary to the provisions of this Circular are abolished.

Article 3. The Head of the Office, the Director of the Preschool Education Department, the Heads of relevant units under the Ministry of Education and Training, the Chairmen of Provincial People's Committees, and the Directors of Departments of Education and Training are responsible for implementing this Circular./.