Thông tư 21/2012/TT-BGDDT

CIRCULAR

PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF PRIVATE PRESCHOOLS

Pursuant to the Law on Education dated June 14, 2005; Law amending and supplementing a number of Articles of the Law on Education dated November 25, 2009;

Pursuant to the Decree No.32/2008/ND-CP of March 19, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Decree No.75/2006/ND-CP of August 02, 2006 of the Government detailing and guiding the implementation of some Articles of the Education Law and the Decree No.31/2011/ND-CP dated May 11, 2011, amending and supplementing the Decree No.75/2011/ND-CP dated August 02, 2006, detailing and guiding the implementation of a number of Articles of the Law on Education;

Pursuant to the Decree No.115/2010/ND-CP of December 24, 2010 of the Government defining responsibility of state management for education;

At the request of the Director of Preschool Education Department,

The Minister of Education and Training decides:

Article 1. To issue together with this Circular the Regulation on organization and operation of the private pre-schools.

Article 2. This Circular takes effect from August 02, 2012

Article 3. Chief of Office, Director of Preschool Education Department, heads of relevant units of the Ministry of Education and Training; presidents of People's Committees of provinces and cities directly under the Central Government, Directors of the provincial Departments of Education and Training are responsible for the implementation of this Circular./.

REGULATION

ON ORGANIZATION AND OPERATION OF THE PRE-SCHOOLS
(Issued together with the Circular No.21/2012/QD-BGDDT dated June 15, 2012 of the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing and subjects of application

1. This Regulation defines the organization and operation of the private pre-schools including: The establishment, merger, separation, suspension and dissolution of private preschools; organizational structure of management and operation; finance, assets; teachers, staffs and children; inspection, examination, reward and handling of violations.

2. This Regulation applies to the preschools (hereinafter referred to as the schools), children’s nursery founded by people; organizations and individuals participating in private preschool education operation.

3. The schools, children’s nursery founded by people organized their operations in accordance with provisions of the Charters of the preschools and this Regulation.

Article 2. The locations of the schools, children’s nursery founded by people

1. The schools, children’s nursery founded by people are the preschool educational institutions under the national education system, established and invested in construction of material facilities, ensured operational funds by the residential community of hamlets, villages, wards, townships, and supported by the local authorities.

2. The schools, children’s nursery founded by people have their legal entities, seals and are opened their accounts.

Article 3. Residential community at the institutions

Residential community at the institutions is the Vietnamese community living in the same locality, hamlet, village, commune, ward, town or similar residential community with the same interests or common concerns.

Article 4. Duties and rights of the schools, children’s nursery founded by people

1. To organize the nurture, care and education of children from three months old to six years old by pre-school education program issued by the Minister of Education and Training.

2. To mobilize pre-school-age children to school; to organize education for disable children, children with difficult circumstances to integrate; to implement universal preschool education for children at age of five years.

3. To manage officials, teachers and staffs to make the task of nurture, care for and education of children.

4. To mobilize, manage and use the resources in accordance with the law provisions; to construct material facilities and equipment as prescribed by the Ministry of Education and Training, to meet the requirements of care and education for children.

5. To collaborate with families, organizations and individuals to carry out the nurture, care for and education of children; to organize for administrators, teachers, staffs and children to participate in the social activities in the community.

6. To verify the quality of education in accordance with provisions on the verification process and cycle of pre-school education quality issued by the Ministry of Education and Training.

7. To self-control and take responsibility for planning, plan of development, organization of educational activities, construction and development of teachers, mobilization, utilization and management of resources to achieve the objectives of preschool education, contribute to the State to take care education, to meet the requirements of society.

8. To take responsibility for periodical, irregular report according to the provisions and requirements of the relevant agencies.

9. To perform other duties and rights as prescribed by law

Article 5. Preferential policies for the schools, children’s nursery founded by people

1. The schools, children’s nursery founded by people are allocated or lent, leased land by the State; are supported by the local authorities to build material facilities, operation funds; are enjoyed the preferential policies of tax, credit and other policies as prescribed.

2. The State supports budget for the schools, children’s nursery founded by people to pay salaries to teachers (including principals, vice principals) working under labor contract regime according to payroll, salary scale of preschool teachers, to increase salaries periodically, to pay for or enjoy social insurance, unemployment insurance, health insurance for teachers and other policies like teachers with the same training level contracting to work at the public preschool education institutions.

Article 6. Decentralization for management of the schools, children’s nursery founded by people

1. People's Committees of communes, wards and townships (hereinafter collectively referred to as the commune-level People's Committees) manage the schools, children’s nursery founded by people in their respective area.

2. District Departments of Education and Training help the People's Committees of rural, urban districts, towns and provincial cities (hereinafter referred to as district-level People's Committees) to perform the state management function of education for the schools, children’s nursery founded by people in their respective area.

Chapter II

THE ESTABLISHMENT, MERGER, SEPARATION, SUSPENSION AND DISSOLUTION OF THE SCHOOLS, CHILDREN’S NURSERY FOUNDED BY PEOPLE

Article 7. Conditions for permission of the establishment and educational operation for the schools, children’s nursery founded by people.

1. The schools, children’s nursery founded by people are permitted to be established when meeting all the following conditions:

a) Having the scheme of school establishment in accordance with the socio-economic development planning and planning of network of the local educational institutions approved by the competent state agencies;

b) Having the scheme of school establishment clearly defining objectives, tasks, program, and educational content; land, material facilities, equipment, locations planned to build school, organizational structure, resources and finance; the strategic direction of building and development of the school;

c) Having ability of finance, material facilities to meet operational requirements and development of the schools, children’s nursery founded by people.

2. The schools, children’s nursery founded by people are allowed to operate education when meeting all the following conditions:

a) Having the team of teachers and administrators to meet standards, sufficient in quantity, reasonable structure, ensuring the implementation of preschool education program in accordance with the provisions of Article 22 of this Regulation;

b) Having land, school infrastructure, material facilities, equipment, utensils, toys, according to provisions of the Ministry of Education and Training on the categories, quantity, to meet the requirements to maintain and develop activities of education as provided for in Article 29 of this Regulation;

c) The locations for construction of schools, children’s nursery founded by people must ensure safe educational environment for children, teachers and workers;

đ) Having documentation of care and education for children in accordance with provisions of the Ministry of Education and Training;

e) Having decision to allow the establishment of schools, children’s nursery founded by people;

g) Having Regulation of organization, operation and internal expenses of schools, children’s nursery founded by people.

3. For a maximum period of 02 (two) years from the date of the decision on establishment is issued, if the schools, children’s nursery founded by people meet all the conditions specified in Clause 2 of this Article, they shall be permitted to operate education by the competent authority; expiration of the time limit, if it is not eligible for educational operation, the decision on the establishment of the schools, children’s nursery founded by people shall expire.

Article 8. The competence to permit the establishment and educational operation for the schools, children’s nursery founded by people

1. District-level People's Committee presidents decide to permit the establishment of the schools, children’s nursery founded by people;

2. Heads of District- Departments of Education and Training allows educational operation for the schools, children’s nursery founded by people.

Article 9. Dossier requesting for permission of the establishment and educational operation for the schools, children’s nursery founded by people

1. Dossier requesting for permission of the establishment and educational operation for the schools, children’s nursery founded by people includes:

a) A statement requesting for the establishment of the school, children’s nursery founded by people of the representative of the residential community named in the application for the establishment. The statement should be clearly stated the need for the establishment; name of school, children’s nursery; expected location as head office of the organization implementing the nurture, care and education for children of the school, children’s nursery founded by people;

b) A scheme to establish the school, children’s nursery founded by people includes the contents: determination of the conformity with the socio-economic development planning and planning of educational institutions network; objective, task, program and content of education; determination of the source of illegal land use, material facilities, equipment; organizational structure of the operation apparatus; team of teachers and administrators; resources and finance; planning, plan and construction solutions, development of schools, children’s nursery in each stage. The scheme states clearly expected total capital to implement plan and ensures activities of nurture, care for and education of children in first 03 (three) years of the establishment and the subsequent years, with clear explanation of the feasibility and legality of the capital invested in the construction and development of the school, children’s nursery founded by people in each stage;

c) A written certification made by the competent authority of the possibility of finance, material facilities, meeting the operational requirements of schools and children’s nursery; a lawful written determination of the source of land or policy assigning land, borrowing land or the house renting, land leasing contract in principle to build facilities of the school, children’s nursery founded by people with an expected period of leasing at least 05 (five) years;

d) A draft master plan of ground and preliminary schematic design of the buildings on the land used to build the school, children’s nursery founded by people or design of buildings (if there was school), to ensure compatibility with the size of education and the area standard used for the nurture, care for and education of children;

đ) The number of dossier: 01 (one) set.

2. Dossier requesting for permission of educational activities for schools, children’s nursery founded by people includes:

a) A copy of the decision to allow establishment of the school, children’s nursery founded by people;

b) A written request for permission of educational activities for schools, children’s nursery founded by people, including commitment to ensure the safety and nurture, care for and education of children under the program of the Ministry of Education and Training;

c) A detailed report on the status of implementation of the project of investment in establishment of the school, children’s nursery founded by people. The report should be clarified the specific works completed or ongoing: finance, land conditions, material facilities, and equipment for nurture, care for and education of children; team of teachers and administrators;

d) A list, together with curriculum vitae, copies of valid degrees, certificates of the investor, persons who are expected to be principal, vice principal, teachers and staff;

đ) Regulation on organization, operation and internal expenses of the school, children’s nursery founded by people;

e) Documents for the implementation of preschool education programs;

g) A list of the number of classrooms, offices, material facilities and equipment to meet the conditions specified in Article 29 of this Regulation;

h) A legal document certifying the land use right or contract of land allocation, borrowing, leasing or contract of allocation, borrowing, leasing of facilities to be offices of the schools, children’s nursery founded by people with a minimum period of 05 (five) years;

i) A plan of mobilization, management and use of capital, funding to ensure to maintain stability of operation of the school, the children in the period of 05 (five) years, starting from the school, children’s nursery founded by people is permitted admission.

Article 10. The order, procedures for permission of the establishment and educational activities for the school, children’s nursery founded by people

1. The order, procedures for permission of the establishment of the school, children’s nursery founded by people is defined as follows:

a) The representative of the residential community naming in the application for the establishment of the school, children’s nursery founded by people having a complete dossier in accordance with Clause1 of Article 9 of this Regulation, applies in person or by mail to District Department of Education and Training;

b) Within 20 (twenty) working days after receiving complete and valid dossier, the District Department of Education and Training shall preside over and coordinate with the relevant expertise departments to appraise dossier and the actual conditions for establishment of the school, children’s nursery founded by people under the provisions of Clause 1, Article 7 of this Regulation, and submit to the district People's Committee;

c) Within 15 (fifteen) working days from the date of receiving the written appraisal of the district Department of Education and Training, if the school, children’s nursery founded by people meets the conditions set in Clause 1 of Article 7 of this Regulation, the district-level People's Committee president shall make decision to permit the establishment of the school, children’s nursery founded by people. If the school, children’s nursery founded by people does not meet the conditions, the district-level People's Committee presidents shall issue written notice to the district Department of Education and Training and the residential community requesting for establishment of the school, children’s nursery founded by people. The notice must specify the reasons and solutions (if any).

2. The order and procedures for permission of educational activities for school, children’s nursery founded by people is defined as follows:

a) The representative of the residential community naming in the application for educational activities of the school, children’s nursery founded by people having a complete dossier in accordance with Clause 2 of Article 9 of this Regulation, applies in person or by mail to District Department of Education and Training;

b) District Department of Education and Training receives and organizes the appraisal of dossier requesting for permission of educational activities of the residential community. Within 05 (five) working days, if the application is not completed in accordance with provisions of Clause 2 of Article 9 of this Regulation, the District Department of Education and Training shall notify for the school, children’s nursery founded by people to amend, supplement and complete, if the application meets fully the provisions of Clause 2 of Article 9 of this Regulation, then notify the actual appraisal plan to the school, children’s nursery founded by people;

c) Within 20 (twenty) working days from the date of notifying the actual appraisal plan, the district Department of Education and Training presides over and coordinates with the relevant expertise departments to organize the actual appraisal at the school, children’s nursery founded by people;

d) If the school, children’s nursery founded by people meets the conditions set in Clause 2 of Article 7 of this Regulation, the head of district Department of Education and Training shall issue a Decision to permit educational activities. If the school, children’s nursery founded by people has not met the conditions set in Clause 2 of Article 7 of this Regulation, the district Department of Education and Training shall send written notice to the school, children’s nursery founded by people in which specifies the reasons and solutions (if any).

Article 11. Merger, separation, split of the school, children’s nursery founded by people

1. When the school, children’s nursery founded by people is merged, separated, split, it must be met the following requirements:

a) In accordance with planning of preschool educational institution network;

b) Meeting the requirements of socio-economic development of the locality;

c) Ensuring the rights of children, the administrators, teachers and staffs;

d) Contributing to improvement of the quality, performance of nurture, care for and education of children.

2. District-level People's Committee presidents shall decide on permission of the merger, separation, and split of the school, children’s nursery founded by people.

3. Conditions, dossier, order and procedures for the merger, separation, and split of the school, children’s nursery founded by people to establish a new school, children’s nursery founded by people in accordance with Clause 1 of Article 7, Clause 1 of Article 9 and Clause 1 of Article 10 of this Regulation.

Article 12. Suspension of educational activities, dissolution of the school, children’s nursery founded by people

1. Suspension of the educational activities of the school, children’s nursery founded by people

a) The school, children’s nursery founded by people is suspended educational activities upon occurrence of one of the following cases:

- Failing to ensure the quality of nurture, care for and education of children;

- Failing to ensure safety of life for children and administrators, teachers and staffs;

- Violating the provisions of the law on sanction of administrative violations in education at a level required to be suspended;

- Failing to ensure the conditions specified in Clause 2 of Article 7 of this Regulation;

- Having a fraud to be permitted educational activities;

- Person who permits educational activities ultra vires;

- Failing to implement educational activities for a period of 06 (six) months from the date permitted educational activities;

b) Documents for suspension of educational activities of the school, children’s nursery founded by people include:

- A decision to set up the inspection team of the district Department of Education and Training;

- An inspection record;

- Evidences for the school, children’s nursery founded by people’s violation of the cases specified in point a, Clause 1 of this Article;

- Plan to ensure the legal rights of children, teachers, administrators and staffs of the school, children’s nursery founded by people when it is suspended educational activities.

c) The order, procedures for suspension of educational activities for the school, children’s nursery founded by people

- Upon detection of the school, children’s nursery founded by people’s violation of the cases specified in point a, Clause 1 of this Article, the district Department of Education and Training prepares documentation and notifies the acts of violations to the school, children’s nursery founded by people;

- Within 05 (five) working days from the date of notifying the detection of violations to the school, children’s nursery founded by people, head of the district Department of Education and Training shall consider to decision on suspension or not the educational activities of the school, children’s nursery founded by people.

d) The decision on suspension of educational activities for school, children’s nursery founded by people must indicate the reason for suspension, the duration of suspension of activities and measures to guarantee the rights of children, teachers, administrators and staffs in the school. Decision on suspension of educational activities for school, children’s nursery founded by people must be publicized in the mass media;

đ) Expiration of the suspension, if the cause of the suspension is remedied, the head of the district Department of Education and Training shall review, decide to allow re-operation of educational activities of the school, children’s nursery founded by people.

2. Dissolution of the school, children’s nursery founded by people

a) The school, children’s nursery founded by people shall be dissolved upon occurrence of one of the following cases:

- Serious violations of regulations on management, organization and operation of schools, children’s nursery; failing to guarantee the quality of nurture, care for, and education of children;

- Expiration of the suspension, it has not remedied the cause of the suspension;

- Objective and content of operation of schools, children’s nursery founded by people are no longer compatibility with the requirements of socio-economic development of the locality;

- At the request of the representative of the grassroots residential community applying for the establishment of the schools, children’s nursery.

b) Dissolution documents include:

- A decision on the establishment of inspection team of the district-level People's Committee;

- Inspection records;

- Evidences for the school, children’s nursery founded by people’s violation of the cases specified in point a, Clause 2 of this Article;

- A Statement requesting for dissolution of the school, children’s nursery founded by people of the district Department of Education and Training or a Statement requesting for dissolution of the residential community where established he school, children’s nursery. The Statement shall state the reasons for the dissolution, the measures to solve the legitimate rights of children, teachers, administrators and staffs after the school, children’s nursery founded by people is dissolved; settlement plans of finance, assets of the school, children’s nursery founded by people.

c) In case residential community’s representative applied for the establishment of the school, children’s nursery founded by people requests for dissolution, dossier for dissolution includes: a statement requesting for the dissolution of residential community established the school, children’s nursery.

c) The order and procedures for dissolution of the school, children’s nursery founded by people.

- Representative of residential community established the school, children’s nursery founded by people wishing for dissolution; file in person or by post to the district-level People's Committee;

- In case of having detection or report of the agencies, the residential community that the school, children’s nursery violates one of the cases specified at Point a, Clause 2 of this Article, the district Department of Education and Training presides over and coordinates with the relevant expertise departments for a period of 20 (twenty) days, to conduct inspection, verification, preparation of dissolution dossier, notifies the school, children’s nursery founded by people and reports to the district-level People's Committee, in which clearly state the reasons for dissolution;

- Within ten (10) working days from the date of receipt of the dossier requesting for dissolution of the school, children’s nursery founded by people, president of the district-level People's Committee shall consider for decision on dissolution or not of the school, children’s nursery founded by people.

d) The decision on the dissolution of the school, children’s nursery founded by people should state clearly the reason for dissolution, the measures to ensure the rights of children, teachers, administrators and staffs of the school; settlement plan of assets, finance of the school, to ensure publication and transparency. The decision to dissolve the school, children’s nursery founded by people must be publicized in the mass media.

Chapter III

MANAGEMENT ORGANIZATION AND OPERATION

Article 13. Board of Management

1. The Board of Management is an organization representing the ownership of the school, children’s nursery founded by people, nominated by the residential community requesting for the establishment of the school, is responsible for deciding the direction of operation, planning, development plans, organization, personnel, finance, assets, to ensure the implementation of educational objectives, in accordance with the provisions of the law.

2. Organizational structure, internal rules for operation of the Board of Management

a) Organizational structure

- Subjects participating in the Board of Management include representative of the residential community, hamlet, village, commune, ward, town, grassroots government’s representative and those who contributed capital to build and maintain the operation of the school;

- Number of members of the Board of Management shall not exceed 11 (ten) members, including: Chairman of the Board of Management, Secretary and members.

b) Internal rules of operation

- Board of Management regularly meets 3 months per time. The meetings of the Board of Management shall be recognized as valid in the presence of 3/4 (three quarters) of the members of the Board of Management or more. The organization of extraordinary meeting of the Board of Management shall be decided by the President of the Board of Management, but must be at least 1/3 (one third) of the members of the Board of Management to agree. The Resolutions of the Board of Management are approved by voting at the meeting or got written comments. The Resolutions of the Board of Management is built on the principle: each member of the Board of Management has one vote and all decisions are valid only when there are more than half of the members of the Board of Management to agree. Where the number of agreed votes and disagreed votes are equal, the final decision belongs to the Chairman of the Board of Management;

- Documents and Resolutions of the Board of Management shall be signed by the Chairman of the Board of Management. The Resolutions of the Board of Management are publicized in the school, children’s nursery;

- Based on the organizational structure, duties and powers of the Board of Management, the residential community requesting for the establishment of school, children’s nursery sums up a list of personnel, makes the statement and sends to the district Department of Education and Training for decision to recognize the Board of Management;

- The term of the Board of Management is 05 (five) years from the date of recognition decision of the competent authority.

Article 14. Duties and powers of the Board of Management

1. To build orientation of development strategy and direct organization, operation of the school; to develop and promulgate regulations on the regime, standards and norms for revenues collection and expenditures of the school in accordance with the provisions of law and financial management regime; to mobilize the resources of capital to invest in building the school; to approve the annual financial settlement, estimation and supervise the management and use of the school's finance, assets.

2. To construct the Regulation on organization and operation of the school; consider, amend and supplement the regulations, rules of the school as needed.

3. To nominate Principal for head of the district Department of Education and Training to review, and make the decision on recognition; to appoint Vice principal as nominated by the Principal; to approve the general plan of organization of apparatus, staffing and other issues related to the organization, personnel of the school on the basis of the proposal of the Principal; to propose, dismiss the Principal, and remove Vice Principal.

4. To monitor activities, operation of the Principal, Vice-principal to ensure that all of the school activities are implemented in accordance with the provisions of the law.

Article 15. Chairman of the Board of Management

1. Chairman of the Board of Management is the head of the Board of Management, is elected by the Board of Management and is decided to recognize by the head of the district Department of Education and Training at the request of the Board of Management. Chairman of the Board of Management must have good moral quality, intermediate degree or higher; certificate of professional training of preschool education for at least 30 days or certificate of training administrator. Chairman of the Board of Management may concurrently hold the title of principal, if he/she meets the standards specified in Article 16 of this Regulation. The tenure of the Chairman of the Board of Management is 5 (five) years.

2. Duties and powers:

a) Duties:

- To take responsibility before the State and the law for the decisions of the Board of Management;

- To take responsibility before the president of district-level People's Committee and district Department of Education and Training for the entire operation of the school, children’s nursery founded by people;

- To be responsible for the investment and management of material facilities of schools; providing for equipment, tools, toys, teaching and learning materials to meet the needs, quality of nurture, care for, education of children;

- To recruit team of teachers, directly contract to use teachers and staffs in accordance with the law provisions on labor contracts;

- To pay salaries, bonuses, premiums of health insurance, social insurance and other costs for teachers, staffs according to labor contracts under the guidance of the district Department of Education and Training;

- To ensure the safety and quality of nurture, care for and education of preschool children;

- To disclose revenues to parents or guardians of children; to implement revenues and expenditures according to the financial regulations.

b) Powers:

- To sign labor contract with the Principal, Vice Principal after being decided to recognize by the head of district Department of Education and Training;

- To be allowed dealing tuition with parents or guardians of the children;

- To have the right to run the apparatus of organization and use the seal of the school, children’s nursery within the functions, duties and powers assigned; to preside over the activities and organize to implement the decisions of the Board of Management.

3. Where the Chairman of the Board of Management is absent or unable to perform the tasks assigned, the one who is authorized by the Chairman of the Board of Management will exercise the rights and duties of the Chairman of the Board of Management. Where there is no authorized person, the members of the Board of Management shall choose one person to temporarily execute as a substitute for the Chairman of the Board of Management until the Board of Management can elect a new Chairman of the Board of Management.

Article 16. Principal

1. Principal of the school, children’s nursery founded by people is citizen of the Socialist Republic of Vietnam, is decided to recognize by the head of the district Department of Education and Training, as being nominated is not more than 65 years. Tenure of the principal is 05 (five) years.

2. Principal is the person directly managing and administering the activities of the school, children’s nursery; is the one who is responsible before the law, education managing authorities for the organization and administration of professional activities, to ensure quality of nurture, care for, education of children and other activities within the scope of duties and powers assigned.

3. Principal of the school, children’s nursery founded by people must satisfy the following criteria:

a) Having an intermediate degree of preschool teacher or higher; at least 05 years of teaching in the preschool education institutions;

b) Complying fully with the guidelines, policies and laws of the Party and the State;

c) Having the quality of politics, ethics, lifestyle, prestige of expertise, professional skill, good health, capable of organization, management according to functions and tasks assigned, certificate of completion of professional training of education management.

4. Principal of the school, children’s nursery founded by people has the following tasks and powers:

a) To participate in building development planning, setting up and implementation of the plan of care for, and education of children of each school year; to evaluate and report performance results with the commune-level People's Committee, district Department of Education and Training;

b) To establish the professional groups, offices, board of emulation and reward, advisory council in school, children’s nursery; to appoint team heads, deputy heads of professional groups according to regulations;

c) To organize, administer, receive, manage children; to implement the activities of nurture, care for and education of children; to propose reward, approve results of children assessment as prescribed by the Ministry of Education and Training; to ensure order and security, safe, beautiful, clean environment in the school, children’s nursery founded by people;

d) To attend the classes of training politics, expertise, professional, and management skill; to be entitled to receive allowances and other preferential policies as prescribed;

đ) To implement the decisions of the Board of Management; to estimate annual operating funds; periodic reports of finance and activities of the school, children’s nursery according to regulations; to propose measures of mobilization, management and use of resources to the Board of Management for approval; to implement educational society to implement the goals of care for, nurture and education of children and the development of schools, children’s nursery;

e) To implement grassroots regulation of democracy and facilitate the socio-political organizations in the school, children’s nursery to take activities;

g) To be Chairman or Vice Chairman of the recruitment board of teachers; to assign, manage, evaluate and classify; reward, discipline teachers, staffs according to regulations; to implement the regulations of the State, decisions of the Board of Management on wage-labor, wages, bonuses, insurance, social assistance and to implement regime of vacation, holidays as prescribed for administrators, teachers and staffs;

h) To be participated in the meetings of the Board of Management (if not a member) but have no voting rights. In case of necessity, the Principal may reserve her/his opinion of disagreement with the decision of the Board of Management and report to the directly-managing agency of education; may be nominated at the same time as Chairman of the Board of Management if he/she meets fully the criteria specified in Article 15 of this Regulation.

5. In the same time, a person can only be Principal of a school or a children’s nursery founded by people.

Article 17. Board of Supervisory

1. The Supervisory Board nominated by the grassroots residential community, includes 03 to 05 people, including representatives of the founders, teachers, staffs, representatives of parents of children. The Supervisory Board must have at least 01 member having minimum qualification of primary accounting.

2. Principal, accountant shall not be participated in the Board of Supervisory.

3. The Supervisory Board has the following duties and powers: To supervise the activities of the school and take responsibility before the residential community for the development, implementation of tasks as prescribed. To supervise and inspect the activities of the school; of the Board of Management, Principal, Board of School management and other organizations and units in the school. To inspect the validity and legality in the management and operation of the school’s activities and the record of accounting books, financial statements. To evaluate the school's annual financial statements; to examine specifically the issues related to the management and operation of the school’s activities.

Article 18. Vietnamese Communist Party and unions

Vietnamese Communist Party organizations, trade unions, the Ho Chi Minh Communist Youth Union and other social organizations operate under the provisions of law and the charter of each organization in order to help the school, children’s nursery founded by people to implement the educational objectives.

Article 19. Groups of children, preschool classes

1. Children are organized by groups or preschool classes.

a) For groups of children: children from 3 months old to 36 months old are organized into the groups of children. The maximum number of children in a group of children shall be defined as follows:

- A group of children from 3 to 12 months old: 15 children;

- A group of children from 13 to 24 months old: 20 children;

- A group of children from 25 to 36 months old: 25 children.

b) For preschool classes: Children from 3 years old to six years old are organized into preschool classes. The maximum number of children in a preschool class is defined as follows:

- Preschool class of 3 - 4 years: 25 children;

- Preschool class of 4 - 5 years: 30 children;

- Preschool class of 5 - 6 years: 35 children.

c) If the number of children in each group, class is not full 50% of children as prescribed at Points a and b, Clause 1 of this Article, it shall be joined with other groups of children or preschool classes;

d) If a group of children, preschool class has a disabled child, the number of children of the class is reduced 5 children compared to provisions at Point a, Point b, Clause 1 of this Article. Each group of children, preschool class has no more than two children with disabilities;

đ) Each group of children, preschool class must have a sufficient number of teachers under the current regulations.

2. Depending on conditions of localities, the schools, children’s nursery are opened more groups of children or preschool classes (called school sites) in different areas of the same commune, ward and township to facilitate the children to go to school.

3. Each school, children’s nursery founded by people has not got more than 7 school sites.

Article 20. Programs and activities of nurture, care for and education of children.

1. The schools, children’s nursery founded by people are responsible for implementation of preschool education programs issued by the Minister of Education and Training.

2. The schools, children’s nursery, groups of children founded by people organize to operate and evaluate the results of nurture, care for and education of children as stipulated in the charters of the preschools; care for ethnic minority children to be communicated in Vietnamese; children with disabilities to be educated for integration.

3. Having a system of records, books serving the nurture, care for and education of children as stipulated in the charters of the preschools. The full-day schools are required to have daily menu for children to eat and books to keep track of revenues and expenditures for meals of children.

Article 21. The relationship between the schools, children’s nursery founded by people with family and residential community

1. The schools, children’s nursery founded by people initiatively coordinate with the concerned agencies, socio-political organizations and individuals to perform:

a) To propagate and disseminate scientific knowledge of childcare for parents and the community; to coordinate with the health facilities to implement prevention of health, regular medical examination for children;

b) To mobilize resources in the community to take care pre-school education; contribute to build material facilities; educational environment healthy, safely; in order to improve the quality of nurture, care for and education of children.

2. The families are responsible for regular contact and participation in activities of the schools, children’s nursery founded by people to be informed promptly the situation of children, in order to coordinate and unify the nurture, care for and education of children.

3. The Schools, children’s nursery, children group founded by people have the boards of representatives of the children's parents. The board of representatives of the children's parents shall organize and operate under the Charter of the board of representatives of the children's parents issued by the Minister of Education and Training; coordinate, participate in the inspection, supervision of the activities of schools, children’s nursery founded by people to ensure the objective and quality of care for and education of children.

4. Each year, the schools, children’s nursery shall conclude civil contract with boards of representatives of the children's parents or each parent on safety assurance for children.

Chapter IV

TEACHERS, STAFFS AND CHILDREN

Article 22. Standards, duties and powers of teachers, staffs

1. Standards

Teachers, staffs of schools, children’s nursery founded by people must meet the standards of moral quality, qualifications and health provided for in the Education Law and the charter of preschools.

2. Duties and powers

a) To fulfill tasks according to the labor contract signed with the school; to have duties and powers under the provisions of the Education Law and the charter of the preschool;

b) Teachers, staffs are entitled to regime of salaries, wages, paid premiums of social insurance, health insurance and other benefits in accordance with the laws and the regulation on organization and operation of the schools and labor contracts;

Article 23. The teachers and staffs’ behaviors prohibited from doing

1. To insult the honor and dignity, violate children, colleagues.

2. To distort educational content.

3. To treat unfair to children.

4. To cuts the children's rations, to do own work while organizing activities of nurture, care for and education of children.

5. To be off from working hours, teaching, cut the program of nurture, care for and education of children.

6. To have negative expression in nurture, care for and education of children.

Article 24. The rights and duties of children

1. Children in the school, children’s nursery founded by people have the following rights:

a) To be cared, nurtured, educated according to objectives, preschool education plan of the Ministry of Education and Training;

b) To be cared primary health: medical examination, treatment free of charge at the public health facilities;

c) To be participated in the activities to develop their gift. Children with disabilities are cared and educated for integration as prescribed;

d) Clothes must be clean, neat, appropriate to their ages, convenient for playing and learning;

đ) To enjoy other rights as prescribed by law.

2. Requirements for children in the school, children’s nursery founded by people

a) Children should be diligent, participate in the activities of care for and education for children;

b) There are polite words, gestures with civilized hygiene habits suitable to their ages;

c) Personal hygiene for groups of children, preschool class in the schools, children’s nursery and public place.

Chapter V

FINANCE-ASSETS

Article 25. Financial regime

1. The schools, children’s nursery founded by people operate on the principle of self-balance of revenues and expenditures, self-control and self-responsibility of finance, with the support of local government; to implement the provisions of the law on regime of accounting, auditing, and inspection of the competent authorities in accordance with current regulations.

2. To implement the financial management regime, regime of accounting, statistics and policies as prescribed by the State for non-public entities in the field of education.

3. Assets, finance of the private schools under the collective ownership of grassroots residential communities.

Article 26. Funding for operation

The operational funding of the schools, children’s nursery founded by people includes: aid of local governments in finance, infrastructure construction; residential community’s contribution; collection according to the agreement of the parents in principle of sufficient revenues and all expenses; revenues from grants, donations, gifts, or inheritance; tuition fees (if any); other lawful collection sources.

Article 27. Expenditure content

1. Payment for salaries, allowances, wages and bonuses; insurance contributions; union activities; expenses for professional activities, and retraining to improve level of teachers, administrators and staffs of the schools; expenditure for administration; collective welfare, reward.

2. Payment for construction and repair of material facilities, equipment, utensils, toys; teaching and learning materials; for renting material facilities (if any); for depreciation of fixed assets.

3. Payment for investment and development of the school.

4. Expenses for food and all-day service for children (if any).

5. Other legal expenses.

Article 28. Management and use of finance

1. The schools, children’s nursery founded by people must manage strictly, use for the right purposes, effectively loans, mobilized capital as pledged with organizations and individuals lending capital.

2. Contents of the expenditures and spending levels shall be decided by the schools, children’s nursery founded by people and they take responsibility, to ensure compliance with the provisions of the State. The contents of the expenditures should be monitored, fully reflected in the accounting books.

3. The schools, children’s nursery must regularly self-examine, strictly observe the inspection of the superior financial agencies according to provisions of the State for the inspection of use of funds and the increase or decrease of the schools’ capital.

4. Quarterly and annually, the schools, children’s nursery founded by people must set up financial activity reports to send to the line-managing agency, financial agency under the current accounting regime applicable to the facilities providing non-public service; organization of the accounting and statistics in accordance with the law provisions.

5. Every year, the schools, children’s nursery founded by people make publication of financial activities: tuition fees, revenues and expenses.

Article 29. Requirements for material facilities and equipment for the schools, children’s nursery founded by people

1. The schools, children’s nursery founded by people must satisfy the requirements specified in Section 1, Chapter 4, charters of preschools, and the following specific requirements:

a) The schools, children’s nursery are placed in the residential areas suitable to master plan, facilitate the children to school and classes; to ensure regulations on safety and school hygiene;

b) The children’s nursery, school's yard must have walls separating the external part with gate to ensure safety for children.

c) Name of the school, children’s nursery; signboard of the school, children’s nursery founded by people shall comply with the provisions of Article 7 of the charter of preschool.

2. General requirements for the buildings

a) The buildings must be ensured the right standards according to provisions and current sanitary regulations of the schools; block of groups of children, preschool classes must be built separately with the block of service;

b) Arrangement of buildings needs to be ensured safety and meet the requirements of nurture, care for, and education by ages; have exits and to be fully equipped facilities in accordance with provisions on the fire prevention and fighting;

c) It must ensure the conditions for children with disabilities to access and use conveniently.

3. Rooms for nurture, care for and education of children

a) General living room: minimum average area is 1.5 m2 per child; have enough light, airy; cool; floor must be made of cement, brick or wood; with the following minimum equipment:

- Tables, chairs for children's use must be proper standards and adequate for the number of children in the classes;

- Tables, chairs and boards for teachers;

- System of cabinets, shelves, racks containing toys, furniture, documents;

- System of lights, fans;

It can be used the general living room as a place to eat, sleep for preschool children.

b) Bedrooms: minimum average area is 1.2 m2 per child; ensure quiet, cool in summer and warm in winter; with a minimum number of furniture: beds, mats, blankets, pillow, mosquito net, fan...

c) Restrooms: minimum average area is 0.4 m2 per child; it must have enough water for children to use, hand washing faucets, shower. For children’s nursery, it must have chamber-pot chairs or urinal channels for children, toilet for children from 24 - 36 months. For preschools, it must have urinal channels for boys and toilet for girls separately;

d) Porch roof: The minimum width is 1.8 m; 1m high corridor around, ensuring the safety for children.

4. Kitchen

a) Having the area of preliminary treatment, processing, cooking, and delivering food designed and organized according to the one-dimensional chain of activities;

b) The kitchen must meet the following requirements:

- There is enough water for daily life;

- There are enough supplies for children at all-day schools;

- Ensuring food hygiene and safety; refrigerators to store food samples of children at all-day schools as prescribed;

- Ensuring that the disposal of waste is in compliance with regulations and requirements for fire prevention and fighting.

5. Other rooms:

a) Rooms for learning: physical education room, art education room or multi-function room;

b) Management, administration block: office; room of board of school management; management, administration room; medical room.

6. Requirements for equipment, utensil, toys, materials

a) To have adequate equipment, utensils, toys, materials according to the list, provisions of the Ministry of Education and Training and to be used effectively in nurture, care for and education of children. If the equipment, utensils, toys, materials outside the list issued by the Ministry of Education and Training, they must ensure the education, safety, suitableness for pre-school children; not of the list banned from import by the Government;

b) The equipment, utensils, toys, materials are preserved, repaired, replaced, supplemented, updated regularly; there is a system of books serving the nurture, care for and education of children prescribed in Article 25 of the charter of the preschool.

7. Garden: There is a playground, outdoor toys and green trees.

Article 30. Management and use of assets

1. Assets of the school, children’s nursery founded by people include: assets contributed by the residential community, invested by the State upon establishment and part of assets is formed during operation (including assets donated, given as gifts or granted).

2. Annually, the school, children’s nursery founded by people set up an inventory council of asset value and reinvestment, addition of assets; assets that are not needed or out of value, they can be liquidated, sold to recover funds for the school.

Chapter VI

INSPECTION, EXAMINATION, REWARD AND HANDLING OF VIOLATIONS

Article 31. Inspection and examination

1. The school, children’s nursery shall regularly perform self-inspection of the activities in accordance with current regulations.

2. Education management agencies are responsible for examination, inspection of quality in accordance with provisions of the Ministry of Education and Training, the Regulation on organization and operation of private pre-schools and timely resolution of complaints, denunciation of agencies, organizations and individuals in accordance with the Law on Complaints and Denunciations and the Inspection Law.

Article 32. Reward

Collectives, individuals, administrators, teachers and staffs of the schools, children’s nursery founded by people with much contribution to the preschool education are rewarded in accordance with the Law on Emulation and Reward.

Article 33. Handling of violations

1. The schools, children’s nursery founded by people are not let any individual or organization take advantage of their names, use their facilities to carry out illegal activities and implement the behaviors of commercialization of educational activities, for-profit, not in compliance with the objectives, operational projects of the schools.

2. In case of having sufficient evidence to prove that the schools, children’s nursery founded by people fail to abide by the laws of the State, the regulations and rules of the Ministry of Education and Training; fail to guarantee the safety and quality of nurture, care for and education of children; fail to guarantee the minimum requirements for material facilities and equipment; or fail to have decision on permission of the establishment but still operate, depending on the levels of violations, will be handled in one of the following forms:

a) Reprimand;

b) Warning;

c) Handled administrative violations in accordance with current regulations;

d) Suspended the operation with a definite term or dissolve the schools, children’s nursery founded by people./.

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