No. 46/2017/ND-CP (1,5 PAGES)
This Decree deals with regulatory requirements for investment and operation in the education industry, including:
a) Regulatory requirements for establishment, permission for establishment, merger, division, separation, dissolution; permission for educational operations, or suspension of educational operations, of early childhood education institutions, general education institutions, continuing education institutions, specialized schools, universities and academies (hereinafter refer to higher education institution);
b) Regulatory requirements for establishment, permission for establishment, merger, division, separation or dissolution of pedagogy secondary schools, colleges; registration or supplementary registration of vocational and professional education operations for the group of teacher training disciplines; issuance, revocation and suspension of certificates of registration of vocational and professional education operations for the group of teacher training disciplines at the secondary and/or collegiate level;
c) Regulatory requirements for establishment or permission for establishment; registration of educational quality assurance operations; supplementary registration of educational quality assurance operations; suspension of educational quality assurance operations; dissolution of educational quality assurance organizations;
d) Regulatory requirements for conferral of certificates of overseas study consultancy business; suspension of overseas study consultancy business; revocation of certificates of overseas study consultancy business.
Regulatory requirements for investment and business operations of foreign-invested educational institutions, representative offices of foreign educational entities located within the territory of Vietnam, foreign-invested educational subsidiaries, and foreign educational collaborations, shall be subject to regulations laid down in the Decree prescribing foreign cooperation and investment in the education sector.
Procedures and documentation requirements for establishment of public kindergartens, preschools and nursery schools; permission for establishment of non-public or private kindergartens, preschools and nursery schools are as follow:
1. The President of the People’s Committee of an urban/rural district or provincially-controlled town (hereinafter referred to as district-level People’s Committee) shall be accorded authority to grant the decision on establishment of a public kindergarten, preschool and nursery school, or permission for establishment of a non-public or private kindergarten, preschool and nursery school.
2. Submitted documentation, including:
a) 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;
b) The proposal for establishment of a kindergarten, preschool or nursery school that must clearly describe consistency with the socio-economic development plan and the plan for development of local educational network; objectives, missions, educational curriculum framework and program; land, facilities and equipment; organizational system and structure of teachers and administrative officers; financial and other resources; guidelines and strategies for construction and development, solutions to construction and development of the kindergarten, preschool or nursery school over periods of time.
The proposal should specify total proposed capital necessary for execution of plans, provide assurance that child care, parenting and education activities will be performed in a normal manner during 03 first years of establishment and subsequent years, and give a clear explanation for feasibility and legitimacy of finances for construction and development of a kindergarten, preschool or nursery school over periods of time;
c) The written document stating the policy for land allotment, or the agreement in principle on lease and rental of land and affixed building or facilities for construction of a kindergarten, preschool or nursery school of which the minimum term is 05 years;
d) The draft general floor plan and preliminary design of architectural facilities built on the land plot intended for construction of a kindergarten, preschool or nursery school, or architectural design (in case the school head office already exists), which must ensure consistency with educational scales and standards of usable floor area used for performing child care, parenting and education activities.
3. Implementation procedures:
a) The People’s Committee of a commune, ward or town (hereinafter referred to as commune-level People’s Committee; in case of application for approval of establishment of a public kindergarten, preschool or nursery school); organization or individual (in case of application for approval of establishment of a non-public or private kindergarten, preschool or nursery school) shall submit an application package specified in Clause 2 of this Article, whether directly or by post, to the district-level People’s Committee;
b) Within the duration of 20 business days of receipt of all required valid documents, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training and relevant specialized divisions to give their assessment opinions on submitted documents and their assessment of realistic conditions concerning establishment of a kindergarten, preschool or nursery school according to the prescribed subject matters and requirements;
c) Within the duration of 15 business days of receipt of written assessment opinions from the Subdepartment of Education and Training and other relevant specialized divisions, if all regulatory requirements have been met, the President of district-level People’s Committee shall issue a decision on establishment or approval of establishment; in case of failure to meet stated requirements, the President of the district-level People’s Committee shall send a written response in which reasons for refusal to issue the decision on establishment or approval of establishment should be clearly specified.
4. Within the duration of 02 years after the date of entry into force of the decision on establishment or approval of establishment, if the requesting kindergarten, preschool or nursery school fails to obtain permission to perform its educational activities, that decision shall be annulled.
This Decree shall enter into force from April 21, 2017.