In Vietnam, Who has the authority to authorize the establishment of kindergartens?
Pursuant to Clause 1, Article 52 of the Education Law 2019, The authority to establish public schools and permit the establishment of people-founded and private schools is prescribed as follows:
1. The following persons have the power to establish public schools or to grant permission to establish people-founded and private schools:
a) Chairwomen/chairmen of district-level People's Committees have the power to decide establishment of junior kindergartens, senior kindergartens, primary schools, lower secondary schools, multi-level schools whose highest level is lower secondary, and day schools for ethnic children, except for the cases prescribed in point d of this clause;
b) Chairwomen/chairmen of provincial People's Committees have the power to decide for upper secondary schools, multi-level schools whose highest level is upper secondary, boarding general education schools for ethnic children, vocational secondary schools under provincial administration, except for the cases prescribed in point c and point d of this clause.
c) Ministers, Heads of ministry-level agencies have the power to decide establishment of vocational secondary schools under their direct management;
d) The Minister of Education and Training has the power to decide establishment of pre-university schools, pedagogical colleges and schools under ministerial management; junior kindergartens, senior kindergartens, primary schools, lower secondary schools, upper secondary schools as proposed by foreign diplomatic representative agencies and/or intergovernmental international organisations;
dd) The Minister of Labour - War Invalids and Social Affairs has the power to decide establishment of colleges, except for pedagogical colleges;
e) The Prime Minister has the power to decide establishment of institutions of higher education.
Thus, the person competent to authorize the establishment of a private kindergarten is the Chairman of the district-level People's Committee, in case the kindergarten is proposed by a foreign diplomatic mission or an intergovernmental international organization, the authorized person is the Minister of Education and Training.
What are the conditions for kindergartens to have educational activities?
Pursuant to Clause 2, Article 49 of this Law, a school is allowed to conduct educational activities when it fully meets the following conditions:
2. The school may operate in education when it:
a) Has land, infrastructure and equipment meeting the requirements on educational operation; location for school construction shall ensure a safe educational environment for learners, teachers and labour workers;
b) Has educational programmes, teaching and learning materials appropriate to each educational level/training qualification; have teachers and managers that are qualified in quality and quantity and consistent in terms of structure, ensuring the implementation of educational programmes and organisation of educational activities;
c) Is financially sufficient, as prescribed by law, to ensure maintenance and development of educational operation; and
d) Has organisational and operational regulations of the school.
3. Within a regulated period of time, if the school guarantees all conditions prescribed in clause 2 of this Article, it shall be granted permission to operate in education by a competent authority; when the period is over, if the school fails to secure conditions prescribed in clause 2 of this Article, the establishment decision or establishment permission shall be revoked.
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