Circular No. 44/2010/TT-BGDĐT Amending and Supplementing Certain Articles of the Kindergarten Regulation issued together with Decision No. 14/2008/QĐ-BGDĐT dated April 7, 2008 of the Minister of Education and Training.

CIRCULAR

Regarding amending and supplementing certain articles of the Kindergarten Regulation issued together with

Decision No. 14/2008/QD-BGDĐT dated April 7, 2008 of the Minister of Education and Training

Giáo dục và Đào tạo

 __________________________________________

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

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. 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,

The Minister of Education and Training DECIDES:

Article 1. To amend and supplement certain articles of the Kindergarten Regulation issued together with Decision No. 14/2008/QD-BGDĐT dated April 7, 2008 of the Minister of Education and Training, as follows:

1. Clause 2, Article 2 shall be amended and supplemented as follows:

"2. Mobilizing preschool children to attend school; organizing inclusive education for children from difficult backgrounds and children with disabilities; implementing universal preschool education for five-year-old children. Conducting self-assessment annually according to the standards set for universal preschool education for five-year-old children, and reporting in writing to the competent authority."

2. Clause 2, Article 7 shall be amended and supplemented as follows:

"2. Signage of the kindergarten:
a) Upper left corner

- First line: People's Committee and the specific name of the district, town, city under province;

- Second line: Department of Education and Training."

3. Article 8 shall be amended and supplemented as follows:

"Article 8. Conditions for establishing kindergartens and allowing educational activities
1. Kindergartens may be established when they meet the following conditions:
a) Having a plan for establishing kindergartens that aligns with the socio-economic development planning and the educational institution network planning of the locality, approved by the competent state authority;
b) The plan for establishing kindergartens clearly defines the objectives, tasks, curriculum, and content of education; land, facilities, equipment, and proposed construction site; organizational structure, resources, and finance; strategic direction for building and developing kindergartens.
2. Kindergartens may engage in educational activities when they meet the following conditions:
a) Having a decision to establish or a decision to allow establishment;
b) Having land, premises, facilities, and equipment as prescribed in Chapter IV of this Regulation, ensuring the requirements for maintaining and developing educational activities;
c) The location for constructing kindergartens must ensure a safe educational environment for learners, teachers, and staff;
d) Having at least three groups or classes with a minimum of 50 children and not more than 20 groups or classes;
đ) Having a Preschool Education Curriculum and childcare and education materials as prescribed by the Ministry of Education and Training;
e) Having a teaching staff and management team meeting the standards, sufficient in number, and appropriately structured to implement the Preschool Education Curriculum and organize educational activities as prescribed in Articles 22 and 24 of this Regulation;
g) Having adequate financial resources as prescribed to ensure the maintenance and development of educational activities;
h) Having regulations on the organization and operation of kindergartens.
3. Within two years, if kindergartens meet the conditions stipulated in Clause 2 of this Article, they will be allowed to engage in educational activities. If they do not meet the conditions within the specified period, the decision to establish or allow establishment will be revoked."

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

"Article 9. Authority to establish or allow establishment, revoke decisions to establish or allow establishment, allow educational activities, suspend educational activities, merge, divide, separate, or dissolve kindergartens.
1. The Chairman of the People's Committee of the district decides to establish public kindergartens or allows the establishment of private or non-public kindergartens.
2. The Director of the Department of Education and Training of the district allows kindergartens to engage in educational activities or suspends their educational activities.
3. The person authorized to establish or allow the establishment of kindergartens has the authority to revoke decisions to establish or allow establishment; decide on mergers, divisions, separations; and dissolve kindergartens. The person authorized to allow educational activities has the authority to decide on suspending educational activities."

5. Article 10 is amended and supplemented as follows:

"Article 10. Documents and procedures for establishing or allowing establishment of kindergartens; allowing educational activities for kindergartens.
1. The documents and procedures for establishing or allowing establishment of kindergartens are as follows:
a) Documents for establishing or allowing establishment of kindergartens include:

- A proposal for establishing kindergartens from the managing agency for public kindergartens, or from organizations or individuals for private or non-public kindergartens, clearly stating the necessity of establishment; the name of the kindergarten; the proposed location for nurturing, caring for, and educating children;

- Plan for establishing kindergartens: confirming alignment with socio-economic development planning and educational institution network planning; objectives, tasks, curriculum, and content of education; land, facilities, and equipment; organizational structure, teaching staff, and management personnel; resources and finance; plans and solutions for building and developing kindergartens in each phase;

In the plan, it should clearly state the estimated total capital required to implement plans and ensure nurturing, caring for, and educating children in the first three years of establishment and subsequent years, with a clear explanation of the feasibility and legality of investment capital for building and developing kindergartens in each phase;

- A document on the principle of land allocation or a preliminary lease agreement for land or premises for constructing kindergartens with a minimum lease term of five years;

- A draft overall layout plan and preliminary architectural design for buildings on the construction site of kindergartens or architectural designs (if there are existing premises), ensuring compatibility with the scale of education and usage area standards for nurturing, caring for, and educating children;
b) The procedures for establishing or permitting the establishment of schools and kindergartens are stipulated as follows:

- For public schools and kindergartens, the People's Committee at the commune level shall handle the application dossier in accordance with point 1c of this Article and submit it to the People's Committee at the district level; for private and privately-run schools and kindergartens, organizations and individuals shall prepare the dossier in accordance with the provisions of point 1c of this Article and submit it to the People's Committee at the district level.

- Within twenty working days from the date of receiving a complete and valid dossier, the People's Committee at the district level shall be responsible for directing the Department of Education and Training and related departments to provide opinions on the dossier review and to conduct on-site reviews of the conditions for establishing schools and kindergartens as specified in point a of Clause 1 of this Article.

- Within fifteen working days from the date of receiving the written opinions of the Department of Education and Training and related departments, if all conditions stipulated in Clause 1 of Article 8 are met, the Chairman of the People's Committee at the district level shall issue a decision to establish public schools and kindergartens or permit the establishment of privately-run schools and kindergartens. If the conditions are not fully met, the Chairman of the People's Committee at the district level shall issue a written response stating the reasons.
2. The dossier and procedures for permitting educational activities for schools and kindergartens are stipulated as follows:
a) The dossier for requesting permission to engage in educational activities includes:

- A certified copy of the Decision on Establishment or Permission to Establish the school or kindergarten;

- A request for permission to engage in educational activities;

- A detailed report on the implementation of the investment project to establish the school or kindergarten. The report must clearly state specific tasks that have been completed or are currently being implemented: land conditions, infrastructure, equipment serving childcare, care, and education of children; teacher staff and management personnel, finance;

- A list of teachers indicating their professional qualifications; employment contracts signed between the school or kindergarten and each teacher;

- A list of key leadership positions including the Principal, Deputy Principals, Heads of Departments and specialized teams indicating their professional qualifications; employment contracts signed between the school or kindergarten and each management personnel;

- Early childhood education curriculum and materials supporting the implementation of the early childhood education curriculum; - A list of classrooms, offices, infrastructure, and equipment meeting the conditions stipulated in Articles 27, 28, 29, and 30 of these Regulations;

- Legal documents confirming the right to use land or lease agreements for the school or kindergarten premises with a minimum term of five years;

- Legal documents confirming the current funds managed by the school or kindergarten, ensuring legality and a commitment to only use them for construction and regular operational costs after obtaining permission for educational activities; plans for raising and balancing capital to ensure stable operation of the school or kindergarten over a five-year period starting from when the school or kindergarten begins enrollment;

- Rules on organization and operation, internal expenditure regulations of the school or kindergarten.
b) The procedures for permitting educational activities for schools and kindergartens are stipulated as follows:

- The Department of Education and Training receives and organizes the review of the dossier requesting permission to engage in educational activities.

- If the dossier lacks the required documents stipulated in point a of Clause 2 of this Article, it will notify the school or kindergarten to amend and supplement the dossier. If the dossier meets all the required documents stipulated in point a of Clause 2 of this Article, it will notify the plan for on-site review at the school or kindergarten.

Within twenty working days from the date of notification of the on-site review plan, the Department of Education and Training will lead and coordinate with relevant departments to organize the on-site review.

- If the school or kindergarten meets the conditions stipulated in Clause 2 of Article 8 of these Regulations, the Director of the Department of Education and Training at the district level will issue a Decision to permit educational activities; if the school or kindergarten does not meet the conditions stipulated in Clause 2 of Article 8 of these Regulations, the Department of Education and Training will notify the school or kindergarten in writing and specify the reasons.

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

"Article 11. Merger, division, separation, suspension of educational activities, dissolution of schools and kindergartens
1. Merger, division, separation of schools and kindergartens
a) The merger, division, or separation of schools and kindergartens must satisfy the following requirements:

- Compliance with the planning of the education facility network;

- Meeting the requirements for economic and social development;

- Ensuring the rights of children, management personnel, teachers, and staff;

- Contributing to improving the quality and effectiveness of childcare, care, and education of children.
b) The dossier includes:

- The proposal for merger, division, or separation of schools and kindergartens;

- A request from the People's Committee at the district level to merge, divide, or separate schools and kindergartens;
c) The procedures for merging, dividing, or separating schools and kindergartens are carried out in accordance with the provisions of Article 10 of these Regulations.
2. Suspension of educational activities of schools and kindergartens
a) Schools and kindergartens are suspended from engaging in educational activities when one of the following situations occurs:

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

- Failing to meet one of the conditions for obtaining permission to engage in educational activities stipulated in Clause 2 of Article 8 of these Regulations;

- The person granting permission to engage in educational activities exceeds their authority;

- Not implementing educational activities from the date of obtaining permission to engage in educational activities;

- Violating administrative penalty regulations in the field of education to the extent that suspension is required; other cases as prescribed by law.
b) The dossier for suspending educational activities of schools and kindergartens includes:

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

- The inspection record;

- Evidence proving that the school or kindergarten has violated one of the situations stipulated in point a of this Clause;

- A plan to ensure the legitimate rights of children, teachers, management personnel, and staff of the school or kindergarten.
c) The procedures for suspending educational activities of schools and kindergartens are stipulated as follows:

- When discovering that schools or kindergartens violate any of the cases stipulated in Point a of this Clause, the Department of Education and Training shall prepare a file and notify the school or kindergarten about the violation;

- Within ten working days from the date of notification to the school or kindergarten regarding the discovery of the violation, the head of the Department of Education and Training shall consider and decide whether to suspend or not to suspend educational activities.
d) The decision to suspend educational activities for schools or kindergartens must clearly specify the reasons for suspension, the duration of suspension, measures to ensure the rights of children, teachers, staff, and employees in the institution. The decision to suspend educational activities for schools or kindergartens must be publicly announced on mass media.
đ) After the suspension period, if the school or kindergarten remedies the causes leading to the suspension, the head of the Department of Education and Training shall consider and decide to allow the resumption of educational activities for the school or kindergarten.
3. Dissolution of Schools and Kindergartens
a) A school or kindergarten will be dissolved when one of the following situations occurs:

- Serious violations of regulations on management, organization, and operation of the school or kindergarten, affecting the quality of childcare and education;

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

- The objectives and content of activities as determined in the establishment decision or permission to establish the school or kindergarten are no longer suitable for economic and social development requirements;

- At the request of the organization or individual establishing the school or kindergarten.
b) The dissolution file includes:

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

- The inspection record;

- A report requesting the dissolution of the school or kindergarten by the Department of Education and Training, which clearly specifies the reasons for the dissolution accompanied by evidence proving that the school or kindergarten has violated one of the first three cases leading to dissolution as stipulated in Point a of Clause 3 of this Article, or a report requesting the dissolution of the school or kindergarten by the organization or individual establishing the school or kindergarten, specifying the reasons for dissolution, measures to resolve the legitimate rights of children, teachers, staff, and employees of the school or kindergarten, and the plan to resolve the assets of the school.
c) The procedures and formalities for dissolving schools and kindergartens are regulated as follows:

- Organizations or individuals establishing schools or kindergartens submit the dissolution application file to the People's Committee at the district level.

In cases where violations leading to dissolution as stipulated in Point a of Clause 3 of this Article are discovered or reported by agencies, organizations, or individuals, the People's Committee at the district level is responsible for directing the Department of Education and Training to take the lead in coordinating with relevant departments within twenty days to conduct inspections and verifications, prepare the dissolution file, clearly stating the reasons for dissolution, notifying the school or kindergarten, and reporting to the People's Committee at the district level.

- Within ten working days from the date of receipt of the dissolution application file for the school or kindergarten, the Chairman of the People's Committee at the district level shall consider and decide whether to dissolve or not to dissolve the school or kindergarten.
d) The decision to dissolve schools or kindergartens must clearly state the reasons for dissolution, provide measures to ensure the rights of children, teachers, staff, and employees in the institution, and plans to resolve the assets of the school, ensuring transparency. The decision to dissolve schools or kindergartens must be publicly announced on mass media.

7. Article 12 shall be amended and supplemented as follows:

"Conditions and Procedures for Registering the Establishment of Independent Preschool Groups and Classes; Merger, Division, Suspension, and Dissolution of Independent Preschool Groups and Classes"

1. Organizations or individuals registering to establish independent preschool groups and classes shall be permitted to establish them by the competent authority when they meet the following conditions:

a) Meeting the needs of families to send their children to care;

b) Having teachers who meet the qualifications specified in Article 38 of these Regulations;

c) Having rooms for nurturing, caring for, and educating children, and equipment, toys, and materials as prescribed in Articles 31, 32, and 33 of these Regulations.

2. The Chairman of the People's Committee at the commune level shall issue permits based on written opinions from the Department of Education and Training regarding independent preschool groups and classes.

3. Registration files and procedures for establishing independent preschool groups and classes:

a) The file includes:

- A report requesting the establishment of an independent preschool group or class;

- Valid certificates and diplomas of teachers teaching in the class.

b) Procedures and steps for registering the establishment of independent preschool groups and classes are regulated as follows:

- Organizations or individuals submit the file to the People's Committee at the commune level. Within five working days from the date of receiving a complete and valid file, the People's Committee at the commune level shall send a written request to the Department of Education and Training to verify the conditions for establishing an independent preschool group or class;

- Within ten days, the Department of Education and Training shall review and inspect the actual conditions, and if the conditions are met, the Department of Education and Training shall provide a written opinion to the People's Committee at the commune level;

- Within ten days from the date of receipt of the reply from the Department of Education and Training, the Chairman of the People's Committee at the commune level shall issue a permit to establish. If the establishment of an independent preschool group or class is not allowed, the Chairman of the People's Committee at the commune level shall issue a notice to the Department of Education and Training and the organization or individual submitting the file, clearly stating the reasons and solutions.

Article 2. This Circular takes effect from February 15, 2011. All previous provisions contrary to this Circular are abolished.

Article 3. The Director of the Office, the Head of the Early Childhood Education Department, the Heads of related units under the Ministry of Education and Training, the Chairmen of the People's Committees of provinces and centrally-administered cities, and the Directors of provincial Departments of Education and Training are responsible for implementing this Circular./.