Circular No. 45/2021/TT-BGDĐT on the construction of safe schools and prevention of accidents and injuries in preschool education institutions

 CIRCULAR

Regulations on the construction of safe schools and prevention of accidents and injuries in preschool education institutions

concerning Children's Day on April 5, 2016;

 

Pursuant to the Education Law dated June 14, 2019;

Operations dated April 6, 2016;t Children's Day on April 5, 2016;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 80/2017/NĐ-CP dated July 17 2017 of the Government stipulating the safe, healthy, friendly educational environment and prevention of school violence;

Based on the proposal of the Director of the Department of Preschool Education;

The Minister of Education and Training issues this Circular stipulating the construction of safe schools and prevention of accidents and injuries in preschool education institutions. 1. This Circular stipulates the construction of safe schools and prevention of accidents and injuries in preschool education institutions, including: contents for building, inspecting, and evaluating safe schools and prevention of accidents and injuries, and responsibilities of relevant agencies, organizations, and individuals.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. This Circular applies to preschool education institutions, including: kindergartens, nursery schools, preschool centers, independent groups, independent kindergarten classes, independent preschool classes, and related organizations and individuals.

1. Safe schools and prevention of accidents and injuries in preschool education institutions are places where children are ensured safety both physically and mentally.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

2. The educational environment includes material and spiritual conditions that affect nurturing, caring, and educating children in preschool education institutions.

3. A safe educational environment is one in which children are protected, treated fairly and kindly; not subjected to abuse or harm; the environment minimizes or completely eliminates factors causing accidents and injuries and negative impacts on mental health; children can easily access their surroundings and are provided with the best conditions for comprehensive development appropriate to their age, gender, and abilities.

4. Accidents and injuries are incidents occurring unintentionally by the subject, caused by external agents, resulting in physical and mental injuries.

CONTENTS OF SAFE SCHOOL CONSTRUCTION AND ACCIDENT AND INJURY PREVENTION IN PRESCHOOL EDUCATION INSTITUTIONS

Chapter II

Article 3. Ensuring a safe educational environment

1. Building an educational environment that ensures safety, accessibility, and fairness for all children. Emphasizing the review of criteria for safe preschool education institutions and accident and injury prevention as specified in the annex to this Circular.

2. Regularly reviewing and inspecting the quality of construction works, material conditions, equipment, toys, means, tools, and machinery serving the nurturing, caring, and educating of children in preschool education institutions, promptly identifying and addressing items that have deteriorated or broken down and pose risks to children's safety.

3. Developing plans to ensure public security, traffic safety; prevent accidents and injuries, drowning; prevent abuse and harm; prevent children from getting lost; prevent fires and explosions; respond to epidemics, disasters, and natural calamities in preschool education institutions.

4. Responding and handling promptly when safety is compromised according to legal procedures and regulations.

5. Establishing and implementing a code of conduct for cultural behavior in preschool education institutions as prescribed.

6. Implementing school health work as prescribed; for preschool education institutions providing boarding meals, ensuring compliance with requirements, conditions, and regulations on food hygiene and safety.

6. Implement school health work in accordance with regulations; for preschool education facilities that organize boarding meals, ensure the implementation of requirements, conditions, and food safety hygiene regulations.

Article 4. Enhancing awareness and professional capacity for management staff, teachers, and employees

1. Training to enhance awareness and professional capacity for management staff, teachers, and employees on preventing and combating injuries, drowning; fire prevention and control; traffic safety; preventing and combating child abuse and exploitation; preventing drowning; food safety assurance work.

2. Training knowledge and skills for emergency response and handling situations involving children such as: accident treatment; first aid skills; natural disaster disasters; disease for management staff, teachers, and employees.

3. Cultivating vocational skills, teacher ethics, and disseminating relevant laws concerning the protection and care of children for management staff, teachers, and employees.

4. Disseminating regulations related to ensuring safety for children, disease prevention, and combating child abuse and exploitation at meetings, specialized activities, and special topic sessions of preschool education institutions.

5. Equipping teachers with sufficient guidance materials to ensure knowledge and skills for the safety and prevention of injuries to children in preschool education institutions.

Article 5. Communication Activities

1. Utilizing internet-connected information technology platforms to communicate and raise awareness among management staff, teachers, and employees in preschool education institutions, families, and communities about building a safe educational environment; implementing measures to control and eliminate unsuitable propaganda content.

2. Promoting and disseminating information about risks, preventive measures, and skills for preventing accidents and injuries to children; about children's rights and issues related to the law if there is a situation of child abuse and exploitation.

3. Promoting responsibility for identifying, reporting, and denouncing acts of child abuse and exploitation within preschool education institutions, at home, and outside the community; promoting the national hotline number 111 for child protection.

4. Establishing communication channels such as suggestion boxes, hotlines, and other appropriate forms; creating conditions to collect information about school safety or report cases of child abuse and exploitation.

5. Establishing a system for recording, monitoring, supervising, and reporting on the construction of safe schools, prevention of injuries; timely prevention and intervention against acts of child abuse and exploitation.

6. Implementing diverse forms of information exchange with parents and caregivers regarding the results of nurturing, caring for, and educating children, and promptly informing about progress or difficulties of children in preschool education institutions.

Article 6. Mobilizing Family and Community Participation

1. Mobilizing family and community participation in activities to build safe schools and prevent injuries in preschool education institutions.

2. Coordinating between schools, families, and communities to review and evaluate criteria for safe schools and injury prevention; proactively coordinating to address risk factors that cause safety issues; mobilizing the participation of relevant units in quality assessment of construction projects and facilities according to regulations.

3. Cooperating with local departments in guiding, inspecting, and supervising preschool education institutions in implementing regulations related to the construction of safe schools and injury prevention.

Article 7. Education of Knowledge and Skills to Ensure Safety for Children

1. Integrate education for children on knowledge and skills to self-protect themselves and prevent harm in childcare, care, and education activities at preschool educational institutions.

2. Enhance education for children on knowledge and skills to ensure safety through experiential and practical handling of situations suitable to their needs and age.

3. Equip toys, materials, and learning resources for educating about safety that are appropriate to the age and local culture of children.

Chapter III

INSPECTION AND EVALUATION OF SAFE PRESCHOOL EDUCATIONAL INSTITUTIONS FOR ACCIDENT PREVENTION AND CONTROL

Article 8. Standards for Safe Preschool Educational Institutions for Accident Prevention and Control

1. During the school year, there shall be no instances of: children being subjected to violence, harm, or severe accidents requiring hospitalization or death; managers, teachers, and staff behaving uncivilly or violating ethical standards for educators; food poisoning or widespread disease outbreaks occurring at preschool educational institutions.

2. The results of evaluating the criteria for safe preschool educational institutions for accident prevention and control as stipulated in the Appendix of this Circular:

a) For kindergartens and independent preschool classes: At least 40 criteria (including 20 mandatory criteria) must be evaluated as "met."

b) For independent nursery groups and independent kindergarten classes: At least 30 criteria (including 15 mandatory criteria) must be evaluated as "met."

1. Prior to the start of the new school year, preschool educational institutions shall organize reviews and evaluations of the criteria for safety and accident prevention and control as stipulated in the Appendix of this Circular. For criteria evaluated as "not met," timely remediation plans shall be established.

2. At the end of the school year, preschool educational institutions shall conduct self-evaluations of the results of building safe schools for accident prevention and control according to the standards set forth in Article 8 of this Circular, and report the results to the Department of Education and Training as required.

1. At the beginning of the school year, the Department of Education and Training shall develop inspection and evaluation plans for the implementation of regulations stipulated in this Circular for preschool educational institutions. Inspections shall be conducted concurrently with other specialized tasks during the school year, with records and notifications of inspection results.

2. At the end of the school year, based on reports from preschool educational institutions, prescribed standards, and inspection and supervision results throughout the school year, the Department of Education and Training shall compile a list of preschool educational institutions meeting the standards for safe schools for accident prevention and control, and report to the Provincial Department of Education and Training.

3. In necessary cases, the Department of Education and Training may organize inspection teams to review the self-evaluation results of preschool educational institutions or take the lead in coordinating with relevant units to form inter-departmental inspection teams to evaluate the results of building safe schools for accident prevention and control within preschool educational institutions.

Chapter IV

 RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

1. Guide, direct, inspect, and supervise the District Departments of Education and Training and affiliated kindergartens (if any) in implementing the contents stipulated in this Circular.

2. Annually organize training sessions, seminars, and evaluations on the work of building safe schools and preventing accidents and injuries in preschool education institutions.

3. Report the results of building safe schools and preventing accidents and injuries in preschool education institutions to the Ministry of Education and Training at the same time as submitting the annual summary report according to regulations.

1. Develop annual activity plans and budget estimates for the work of building safe schools and preventing accidents and injuries in preschool education institutions.

2. Guide preschool education institutions in implementing the contents stipulated in this Circular.

3. Coordinate with relevant units, departments to guide, inspect, and evaluate preschool education institutions within their jurisdiction in implementing related regulations concerning the work of building safe schools and preventing accidents and injuries.

4. Take the lead or delegate responsibility to kindergartens, nursery schools, and preschools within their jurisdiction to carry out inspection and evaluation tasks as stipulated in Clause 1, Article 10 of this Circular.

5. Report the results of building safe schools and preventing accidents and injuries in preschool education institutions to the Department of Education and Training at the same time as submitting the annual summary report according to regulations.

Article 13. Responsibilities of Preschool Education Institutions

1. Issue plans for building safe schools and preventing accidents and injuries in preschool education institutions annually.

2. Management staff, teachers, and employees in preschool education institutions shall implement the contents stipulated in Articles 3, 4, 5, 6, and 7 of this Circular according to their functions and responsibilities.

3. Mobilize the participation of members within preschool education institutions, families, and the community in building safe schools and preventing accidents and injuries.

4. The head of the preschool education institution shall be responsible before higher-level management authorities and the law if they fail to fulfill their duties resulting in safety incidents at the institution.

5. Report the implementation of this Circular in the annual activity summary report submitted to higher-level management authorities; submit ad hoc reports upon request from competent authorities and bear responsibility for the accuracy of the reports.

Article 14. Responsibilities of People's Committees at all levels

1. Direct, implement, and urge the work of building safe schools and preventing accidents and injuries in preschool education institutions within their jurisdiction.

2. Invest resources and funds for the work of building safe schools and preventing accidents and injuries in preschool education institutions.

3. Organize coordination among subordinate agencies, economic and social organizations to carry out the task of building safe schools and preventing accidents and injuries in preschool education institutions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from February 15, 2022.

2. This Circular replaces Circular No. 13/2010/TT-BGDĐT dated April 15, 2010, issued by the Minister of Education and Training, which stipulates the construction of safe schools and prevention of accidents and injuries in preschool education institutions.

3. Chairmen of People's Committees of provinces and centrally governed cities, Directors of Departments of Education and Training, relevant agencies, organizations, and individuals are responsible for enforcing this Circular./.