Dear Company, I am planning to establish a private nursery and kindergarten group with a scale of approximately 50 children. I would like to request your legal consultation on the necessary legal requirements to be granted an operating license in accordance with current regulations.
Answer:
1. Personnel Requirements
a) Head of the Establishment: The head of the independent preschool institution can be an individual or an individual representing an organization applying for the establishment. The following standards must be met:
- Must be a citizen of the Socialist Republic of Vietnam;
- Have good moral character and ethics;
- Be under 65 years of age;
- Be in good health;
- Possess at least a high school diploma.
b) Professional Manager: Appointed under a labor contract by the head of the independent preschool institution. This role can be concurrently held by the head, a teacher, or staff member if they meet the following criteria:
- Good moral character;
- Good health;
- Hold a college degree or higher in early childhood education;
- Have at least 3 years of experience in the field of early childhood education.
c) Teachers and Staff: Teachers and staff must meet professional ethics standards, have appropriate training and qualifications, professional competence, and be in good health, including:
- A college degree or higher in early childhood education;
- A certificate of professional development meeting the standards for preschool teacher ranking;
- Good moral character.
Note: In the case of accepting children with disabilities, teachers must have undergone training in inclusive education for children with disabilities.
Legal basis: Articles 11, 12, and 13 of Circular No. 49/2021/TT-BGDĐT.
2. Organization of Nursery Groups and Kindergarten Classes
With a scale of approximately 50 children, your institution must comply with the following regulations:
a) Nursery Groups:
- Age 03–12 months: maximum 12 children;
- Age 13–24 months: maximum 20 children;
- Age 25–36 months: maximum 25 children.
b) Kindergarten Classes:
- Age 3–4 years: maximum 25 children;
- Age 4–5 years: maximum 30 children;
- Age 5–6 years: maximum 35 children.
Note: If the number of children in each nursery group or kindergarten class is less than 50% of the maximum number prescribed above, it may be organized as a combined nursery group with no more than 20 children, a combined kindergarten class with no more than 30 children, or a combined preschool class with no more than 22 children.
General conditions:
- Each group or class may include no more than 01 child with a disability for inclusive education;
- Each group/class must have a minimum of 02 teachers;
- The total number of children in an independent preschool institution must not exceed 70.
Legal basis: Articles 14 of Circular No. 49/2021/TT-BGDĐT.
3. Requirements on Care, Education, and Nutrition Program
- The program must be based on the Early Childhood Education Program issued by the Ministry of Education and Training;
- Organize health check-ups for children at least once per school year;
- Assess children’s nutritional status using growth charts: monthly for children under 24 months, and every 3 months for children aged 24 months and above;
- For children with disabilities in inclusive education, there must be an individual plan for care and education.
Legal basis: Articles 15 of Circular No. 49/2021/TT-BGDĐT.
4. Facilities and Financial Requirements
a) Location:
- Ensure safety, environmental hygiene, fire prevention, and rescue compliance;
- Buildings for child care and education must not exceed 03 floors.
b) Infrastructure:
- Classrooms: one room per group/class; minimum 1.5 m² per child, not less than 24 m² in total;
- Restrooms: one restroom per group/class; minimum 0.4 m² per child; properly equipped for each age group. If shared, must be connected to the classrooms via hallways that are convenient and easily supervised;
- Indoor play area: minimum 0.5 m² per child, or outdoor playground: minimum 1.0 m² per child;
- Dining areas (if meals are served): kitchen area of at least 0.3 m² per child, not less than 10 m², and must be independent or separated from classrooms by doors;
- Separate restrooms for teachers and staff;
- Safe installation of window grills, stair railings, and electrical equipment;
- Sufficient supply of drinking and domestic water for children, meeting quality standards as regulated.
c) Teaching Aids and Materials:
- Must meet at least the minimum requirements of the Ministry of Education and Training, appropriate to the age and number of children in each group/class.
d) Financial and Asset Management:
- All members of the preschool institution are responsible for maintaining and protecting common property;
- The management of revenues and expenditures from all financial sources must comply with current regulations;
- The institution must annually disclose information on facilities and financial revenues and expenditures.
Legal basis: Articles 17, 18, 19 and 20 of Circular No. 49/2021/TT-BGDĐT.
