Question:
My husband and I are both teachers. We want to open a private kindergarten where we live . What conditions do we need to meet and what procedures do we need to follow?
Answer:
To establish a private kindergarten, you need to follow these two steps:
Step 1: Implementation the procedures to establish the private kindergarten.
Step 2: Application for a license for the operation of the private kindergarten.
1. Implementation the procedures to establish the private kindergarten
a. Conditions:
The proposal for establishment of a kindergarten, preschool or nursery school must be consistent with the local socio-economic and educational network development plan approved by the state regulatory authority.
The proposal for establishment of a kindergarten, preschool or nursery school must clearly define preschool objectives, missions, curriculum framework and outline; land, facilities, equipment and intended construction site; organization and personnel structure, financial and other resources; guidelines and strategies for construction and development.
Legal basic: Article 3 of Decree 46/2017/NĐ-CP.
b. Competent authority: District-level People’s Committee
c. Processing duration: 25 business days
d. Submitted documentation:
The application form for approval of establishment of a public kindergarten, preschool and nursery school prepared by a host entity, or permission for establishment of a non-public or private kindergarten, preschool and nursery school prepared by an organization or individual in which necessity for establishment, proposed name and location intended for construction of the premises for child care, parenting and education activities must be clearly specified.
The proposal for establishment of a kindergarten, preschool or nursery school.
Legal basic: Clause 2 Article 4 of Decree 46/2017/NĐ-CP (point b clause 2 Article 4 of the Decree 46/2017/NĐ-CP amended by clause 1 Article 1 of the Decree 135/2018/NĐ-CP)
2. Application for a license for the operation of the private kindergarten
a. Conditions:
Obtain the decision on establishment or the decision on approval of establishment, issued by the President of district-level People’s Committee
Own land, school head office, facilities and equipment that meet requirements, help maintain and develop educational activities as well as satisfy the following specific requirements:
The kindergarten, preschool or nursery school must be located within the precincts of a residential zone in compliance with regulations on safety and environmental sanitation;
The total area of project site is divided into multiple spaces used for building infrastructural facilities, playgrounds, roads and growing landscaping plants. The average area of project site must be at least 12 m2 per a child in lowland, delta and midland regions (except municipal and urban regions); 08 m2 per a child in municipal, urban, mountainous and island regions;
The kindergarten, preschool or nursery school must build walls to separate its space from the outside;
The construction project;
Equipment, toys, supplies, instructional materials on child care and education must be available in accordance with regulations laid down by the Ministry of Education and Training.
Employ an adequate staff of administrative officers, teachers and employees that are structured in a proper manner and meet stipulated standards for provision of early childhood education programs and organization of educational activities.
Maintain a sufficient amount of financial resources as required by laws in order to ensure continued operation and development of educational activities.
Have the statutes of organization and operations of the kindergarten, preschool or nursery school.
Legal basic: Article 5 of the Decree 46/2017/NĐ-CP (amended by Decree 135/2018/NĐ-CP into force from 20/11/2018)
b. Competent authority: The Subdepartment of Education and Training
c. Processing duration: 20 business days
d. Submitted documentation:
Original: The request form for the license to carry out educational operations;
Copy: the decision on establishment or the decision on approval of establishment of the kindergarten, preschool or nursery school;
Original: The list of officers holding important positions, such as the rector, vice rectors, heads of divisions, departments or specialized groups, with their professional qualifications; employment contracts signed between a kindergarten, preschool or nursery school and each administrative officer; The list of teachers with their professional qualifications; employment contracts signed between a kindergarten, preschool or nursery school and each teacher;
Copy: Early childhood education curriculum and syllabus for offer of early childhood education program; The inventory of classrooms, working rooms, facilities and equipment items meeting stipulated requirements;
Copy: The legal confirmation document on the title to land or the agreement on rental of a kindergarten, preschool or nursery school of which the minimum term is 05 years; The legal confirmation document on the available amount of money currently managed by a kindergarten, preschool or nursery school to ensure legitimacy and compliance with the commitment that such amount is only used for paying construction and other recurrent costs incurred by the kindergarten, preschool or nursery school upon receipt of permission for educational operations; the plan for capital mobilization and allocation which assures stable operations of the kindergarten;
The statutes of organization and operation, and rules and regulations on internal expenditure, of the kindergarten, preschool or nursery school.
Legal basic: Article 5 of Decree 46/2017/NĐ-CP (amended by clause 3 Article 1 of the Decree 135/2018/NĐ-CP into force from 20/11/2018)
