Law Company

https://attorneyinvietnam.com

Regulations related to establishment, investment of foreign-invested preschool education institutions

 

CONTENTS
 		 DETAILS LEGAL BASIS
Procedures
 
(i) Issuance of the IRC;
(ii) Issuance of the decision permitting establishment;
(iii) Issuance of the decision permitting the educational operation and announcement of such decision on the website of the licensing agency.
 Clause 3 Article 31 Decree 86/2018/ND-CP
Authority Department of Education and Training  
Conditions Investment capital: have an investment rate of at least thirty (30) million VND per child (excluding land use fees). The minimum total investment capital amount is calculated as at the time when the proposed [training] scale is at its highest. The investment capital plan must be consistent with the proposed scale of each phase.
 		 Clause 1 Article 35 Decree 86/2018/ND-CP
Facilities and equipment:

(i) The school must be situated at a single location in a good environment. The building area of the school shall be calculated on the number of groups of classes and number of children with an average of at least 8 square metres per child in the case of urban and town areas, and 12 square metres per child in the case of rural areas;

(ii) There must be classrooms, sleeping [siesta] rooms for the children and other functional rooms of an appropriate area [size] with appropriate lighting, furniture, equipment and apparatus for caring for and teaching children;

(iii) There must be a school office, manager's office, administrative office, medical room [or infirmary], security [guard's] room, and staffroom of an appropriate area and with appropriate facilities, equipment and apparatus serving management and the care and education of children;

(iv) There must be a clean water supply and water drainage system, and appropriate toilets with sanitary equipment ensuring safety, cleanliness and sufficiency for the operation of the school;

(v) If the school provides meals for the children then the kitchen must be organized on the one-way format with appropriate equipment and apparatus ensuring food safety and hygiene;

(vi) There must be a playground, walls surrounding the school, and a school gate with the name sign clearly showing the name of the school;

(vii) There must be trees and greenery in the school area, and the entire construction design and equipment, apparatus and toys of the school must ensure absolute safety for children.
 Clause 2 Article 36 Decree 86/2018/ND-CP
Education program:
 
  • Must express the educational objectives, must not have any contents detrimental to national defence and security or community interests; must not propagate religion or distort history or have a negative impact on the culture, ethics and traditional customs of Vietnam, and must ensure interconnection between the various study and training levels [or grades].
  • Students being Vietnamese citizens studying at a foreign educational program/curriculum at a preschool or school with FOC must study educational content being development of the Vietnamese language, specifically as follows:
  1. Objectives: help children establish and form a vocabulary and Vietnamese language skills (hearing, speaking, reading and writing) in order for them to be able to study and communicate as appropriate for their age; and to provide the children with initial knowledge about Vietnamese language, Vietnamese culture and Vietnamese people.
  2. Duration: No less than 2 sessions/week and 25-35 minutes/session.

Clause 1 Article 37 Decree 86/2018/ND-CP



Clause 1 Article 6 Circular 04/2020/TT-BGDDT



 
Teaching staff

Lecturers must have at least a college degree or equivalent, and be trained in the disciplines [subjects] they are assigned to teach;

(i) The maximum number of kids within 01 group or 01 class shall be specified as follows:
 
For children of crèche age:
  • From 03 – 12 months old: 15 kids per group;
  • From 13 – 24 months old: 20 kids per group;
  • From 25 – 36 months old: 25 kids per group.
For children of kindergarten age:
  • From 03 – 04 years old: 25 kids per class;
  • From 04 – 05 years old: 30 kids per class;
  • From 05 – 06 years old: 35 kids per class.
(ii) The number of teachers within 01 group or class shall be specified as follows:
  • For children of crèche age: 05 kids per teacher;
  • For children of kindergarten age: 10 - 12 kids per teacher.
 Article 38 Decree 86/2018/ND-CP
Enrolling Vietnamese students: permitted to enroll Vietnamese students to study foreign educational programs [curricula]. The number of Vietnamese students studying a foreign curriculum must be less than 50% of the total number of students studying the foreign curriculum at the Education Institutions.
 		 Article 39 Decree 86/2018/ND-CP
Authority
 		 A provincial people's committee issues a decision permitting establishment of a primary school or elementary school, except for a pre-school or elementary school as proposed by a foreign diplomatic rep office or inter-governmental international institution.. Clause 3 Article 40 Decree 86/2018/ND-CP
Application documents
(i) Request for permission to establish the EI on standard form No. 13;

(ii) A certified true copy or copy enclosed with an original of the investment registration certificate;
 
A detailed project on establishing the educational institutions, using form No. 14, specifying: name of the EI; educational objectives and tasks; scope of the educational operation; qualifications to be issued; and proposed structure of the organizational, management and executive operation. Specific proposals/forecast namely a plan on formulation, development and the scale of training of the EI in each period, clarifying the ability to satisfy the requirements on educational quality;
 
(iii) Certified copy or copy enclosed with the original for comparison purposes of the written approval to establish the EI in the locality and in-principle approval on land lease from the provincial people's committee in the locality where the EI is proposed to be established, or in-principle approval of land lease or lease of already available material facilities in accordance with regulations;

(iv) A detailed plan for renting or contributing facilities or a detailed project on investment in building facilities, including both description and detailed design of the educational institutions;

(v) Evidence of capacity to satisfy the financial requirements.
 Clause 2 Article 41 Decree 86/2018/ND-CP
Procedures
The Investor shall send 01 set of documents in person or by post to Department of Education and Training:

(i) Within five (5) business days from receipt of a complete application file, the agency receiving it sends it to the relevant agencies and units to request their opinions; but if the application file is inadequate in terms of the requirements in article 43 above, then within five (5) business days the agency which received the file notifies the investor either in person or by sending a response in the post or by email;

(ii) Within ten (10) business days after receipt of a request for opinions, the agencies and units concerned provide their written responses;

(iii) Within 30 business days from the days after receipt of the complete and valid application documents, the agency receiving it prepares an evaluation report and sends the report to the relevant authority for its decision on approving the establishment of foreign-invested educational institutions. If the application documents are not approved, within 05 business days after receipt of an opinion from the relevant authority, the agency which received the file notifies the investor either in person or by sending a response in the post or by email, setting out the reasons for refusal to provide permission.
 
 Article 4 Decree 86/2018/ND-CP
 
II. APPROVAL FOR AN EDUCATIONAL OPERATION
 
Conditions
(i) There is a decision permitting establishment of the educational institution, namely the preschool;

(ii) Invested capitals, facilities, equipment, educational programs and teaching staff satisfy the requirements as stipulated above;

(iii)The Educational Institution has rules on its organization and operation.
 
 Article 45 Decree 86/2018/ND-CP
Application documents
(i) An application form, using form No. 16;

(ii) A certified copy or a copy enclosed with an original of the decision on approving the establishment of the foreign-invested educational institutions (namely the pre-school);

(iii) Rules on organization and operation of the educational institution;

(iv) Report on the progress of implementation of the investment project, and the status of capital contribution and loan and the total amount of investment capital already implemented/realized;

(v) Explanatory report on the EI or its campus satisfying the conditions about invested capital, facilities and equipment, education program, teaching staff, enclosed with:
  • A list of principals (director), deputy principal (deputy director), head of various department and chief accountant;
  • List and CVs of senior staff, teachers and lecturers (faculty members and any parttime staff);
  • The scale of study [what levels or grades], the training standard and sector/faculties;
  • Curricula, teaching plans, study materials, and a list of text books and reference materials;
  • Students eligible for enrolment, and the enrolment rules and time limits;
  • Training rules;
  • Training scale (range of students);
  • Rules on study/tuition and other relevant fees;
  • Rules on testing, assessment, and recognition of completion of subjects and modules; and on training standards;
  • Standard forms of the diplomas and certificates [qualifications] to be used.
 Article 46 Decree 86/2018/ND-CP
Authority
 		 The Director of the Department of Education and Training Clause 2 Article 47 Decree 86/2018/ND-CP
Procedures
i. The investor shall send 01 set of application documents in person or by post to Department of Education and Training.

ii. Within twenty (20) business days after receipt of a file complete in terms of the requirements in article 46 above, the agency receiving the file co-ordinates with other relevant agencies and units to evaluate the conditions and then makes a submission to the authority concerned to issue a decision permitting the operation;

If the application file is incomplete, then within five (5) business days after receipt the agency receiving the file provides written notice to the investor either in person, or by sending a response in the post or by email.

If the EI fails to satisfy the conditions for an educational operation, then within five (5) business days after receipt of an opinion from the relevant authority, the agency which received the file provides a written response to the investor, setting out the reasons for the refusal.
 Article 48 Decree 86/2018/ND-CP
Bạn đã không sử dụng Site, Bấm vào đây để duy trì trạng thái đăng nhập. Thời gian chờ: 60 giây