Quyết định 14/2008/QD-BGDDT

DECISION

ON ENACTING THE STATUTES OF NURSERY SCHOOLS

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to the Government's Decree No. 178/2007/ND-CP dated December 03, 2007 defining the functions, tasks, powers and organizational structure of Ministries and Ministry-level agencies;

Pursuant to the Government's Decree No. 85/2003/ND-CP dated July 18, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006 elaborating and providing guidance on the implementation of a number of articles of the Law on Education;

After considering the request of the Director of the Early Childhood Education Department,

HEREBY DECIDES

Article 1. The Statutes of nursery schools are attached hereto.

Article 2. This Decision shall enter into force after 15 days from the date of being published on the Official Gazette. This Decision shall supersede the Decision No. 27/2000/QD-BGD&DT of the Minister of Education and Training dated July 20, 2000 on enacting the statutes of nursery schools and the Decision No. 31/2005/ QD-BGD&DT of the Minister of Education and Training dated October 20, 2005 on enacting Regulations on the minimum conditions for operation of independent nursery classes, preschool education classes and preschool groups facing many difficulties in establishing nursery schools in underprivileged areas.

Article 3. Mr. (Mrs.) Chief of the Office, the Director of the Early Childhood Education Department, the Heads of relevant entities affiliated to the Ministry of Education and Training, the Presidents of the People’s Committees of centrally-governed cities and provinces, and the Directors of Departments of Education and Training, shall be responsible for enforcing this Decision.

STATUTES

OF NURSERY SCHOOLS
(Issued together with the Decision No. 14 /2008/QD-BGDDT of the Ministry of Education and Training dated April 7, 2008)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. The Statutes of nursery schools provide for the status, duties, organization and management of nursery schools, preschools or preschool education establishments; child parenting, caring and training programs and activities; assets of nursery schools, preschools, preschool education establishments, or independent preschool education groups or classes; teachers and employees; children; relationship of nursery schools, preschools, or preschool education establishments, or independent preschool education groups or classes with families and society. 

2. These Statutes shall be applied to nursery schools and preschools, preschool education establishments, or independent preschool education groups and classes; natural and legal entities involved in preschool education activities. 

Article 2. Duties and powers of nursery schools, preschools, and preschool education establishments, or independent preschool education groups and classes

1. Make necessary arrangements for parenting, caring for and educating children aged between three months and six years by complying with the preschool education program adopted by the Minister of Education and Training 

2. Encourage preschool-aged children to go to school; develop inclusive education programs for disadvantaged and disabled children.  

3. Manage administrators, teachers and employees to fulfill their duties to foster, care for and educate children.

4. Mobilize, administer and utilize various resources in accordance with laws.

5. Develop facilities to meet standardization, modernization or minimum requirements for extremely disadvantaged areas.

6. Liaise with children's families, organizations or individuals to perform fostering, parenting and education activities.

7. Provide opportunities for administrators, teachers and employees and children to get involved in social responsibility and community contribution activities.

8. Conduct inspection of child fostering, care and education quality as provided by laws and regulations.

9. Perform other functions and powers in accordance with laws.

Article 3. Types of nursery schools, preschools, preschool education establishments, or independent preschool education groups and classes

Nursery schools and preschools (hereinafter referred to as preschool), and preschool education establishments, or independent preschool education groups and classes, shall be organized on a public, people-founded and private basis. 

1. Public preschools, preschool education establishments, groups and classes shall be established, equipped with facilities and provided with adequate budget for regular expenditure by state agencies.

2. People-founded preschools, preschool education establishments, groups and classes shall be established, equipped with facilities, provided with adequate operating budget by local communities, and accorded supports or subsidies by local governments.

3. Private preschools, preschool education establishments, groups and classes shall be established, equipped with facilities and provided with operating funds derived from nonstate budget.

Article 4. Delegation of authority over preschools, preschool education establishments, independent preschool education groups and classes

1. The People’s Committee of an urban district, a suburban district, a district-level town and a provincial city (hereinafter referred to as district-level) shall exercise its delegated authority to manage public preschools and preschool education establishments operating within these district-level territories.  

2. The People’s Committee of a commune, ward or commune-level town (hereinafter referred to as commune-level) shall exercise its delegated authority to manage people-founded preschools and preschool education establishments; private preschools, preschool education establishments, and independent preschool education groups and classes operating within these commune-level territories. 

3. The Division of Education and Training shall exercise its governmental authority concerning education matters in respect of preschools, preschool education establishments, independent preschool education groups and classes operating in areas that fall within its remit.

Article 5. Organization and operation of people-founded preschools, preschool education establishments, groups and classes; private preschools, preschool education establishments, groups and classes; inclusive education for disabled children

Organization and operation of people-founded preschools, preschool education establishments, groups and classes; private preschools, preschool education establishments, groups and classes; inclusive education for disabled children, shall be subject to regulations set out in these Statutes, organizational and operational rules of people-funded nursery schools; organizational and operational rules of private nursery schools; rules of inclusive education for the handicapped or disabled, adopted by the Minister of Education and Training.

Chapter 2

STATUS, DUTIES, ORGANIZATION AND MANAGEMENT OF NURSERY SCHOOLS, PRESCHOOLS AND PRESCHOOL EDUCATION ESTABLISHMENTS

Article 6. Status and duties of preschools and preschool education establishments

1. Preschools and preschool education establishments must have the legal status, their own accounts and stamps.

2. Preschools and preschool education establishments must give supports to independent preschool education groups or classes as designated by competent authorities and carry out duties referred to in Article 2 hereof.

Article 7. Name of preschools, preschool education establishments; name sign of preschools and preschool education establishments

1. Naming of a preschool or preschool education establishment shall be subject to the following regulations:

Specify the school category (nursery school, preschool or preschool education establishment) and give the registered name of a nursery school or kindergarten.

Prohibit displaying the public, people-founded or private form of a preschool or preschool education establishment.

Decide on the name of a preschool or preschool education establishment as stated in the establishment decision of a preschool or preschool education establishment, or seen on its stamp or name sign as well as other transactional documents.

2. The name sign of a preschool or preschool education establishment is designed as follows:

a) At the upper left corner

- The first line: The People's Committee of a suburban district, an urban district, a district-level town or a provincial city, and its name;

- The second line: The Division of Education and Training.

b) In the centre: Name of a preschool or preschool education establishment expressly given under the provisions of Clause 1 of this Article;

c) At the bottom: Address, telephone number, establishment decision or license number of a preschool or preschool education establishment.

Article 8. Condition for foundation of preschools and preschool education establishments

Preschools and preschool education establishments shall be founded under the competent authority's decision or permission provided that they meet the following conditions:

1. Conform to the plan for development of the educational institution network, meet local socio-economic development requirements, and facilitate children’s going to school. 

2. Have at least 03 preschool education groups or classes attended by at least 50 children per each, but have no more than 15 preschool education groups or classes.  

3. Have an adequate staff of administrators, teachers and employees that meet standards stated in Article 16, 17 and 38 hereof.

4. Operate with facilities and equipment provided in accordance with provisions of Chapter 4 hereof.

Article 9. Authority to found or grant permission to found preschools and preschool education establishments

The Chairpersons of district-level People’s Committees may grant a decision on foundation of a public preschool or preschool education establishment, and a permission for foundation of a people-founded or private preschool or preschool education establishment.

Article 10. Application dossiers and procedures for foundation of preschools and preschool education establishments

1. Application dossiers for foundation or permission for foundation of preschools and preschool education establishments are composed of the followings:

a) Project report for inception of a preschool or preschool education establishment;

b) Statement on the project for foundation of a preschool or preschool education establishment, its organizational and operational structure; Draft rules for its operations;

c) Written opinions from relevant entities about foundation of a preschool or preschool education establishment;

d) Report on responses to opinions from relevant entities and any additional report made under the directive opinion from the district-level People’s Committee (where applicable);

dd) Resume and attached qualifications or certificates owned by the recommended principal.

2. Procedures for foundation of a preschool or preschool education establishment:

a) The commune-level People’s Committee, and organization or individual, shall be responsible for formulating application dossiers for foundation of, respectively a public preschool or preschool education establishment, and a people-founded or private preschool or preschool education establishment, as provided in Clause 1 of this Article; 

b) The Division of Education and Training shall receive such application dossiers and consider eligibility conditions for foundation of that preschool or preschool education establishment as referred to in Article 8 hereof.  After such consideration, if all conditions are met, the Division of Education and Training shall send its written opinions and submit such application dossiers to the district-like People's Committee;

c) Within a period of 45 working days of receipt of all valid dossiers, the district-level People’s Committee may grant a decision on foundation of a public preschool or preschool education establishment, or a permission for foundation of a people-founded or private preschool or preschool education establishment in accordance with laws and regulations.

Where the decision on foundation or the permission for foundation of that preschool or preschool education establishment is pending, the district-like People’s Committee must send a written notification to the Division of Education and Training in which reasons should be clearly stated and possible solutions are suggested.  

Article 11. Merger, division, splitting, suspension of operation or dissolution of preschools or preschool education establishments

1. Merger, division or splitting of a preschool or preschool education establishment

a) Merger, division or splitting of a preschool or preschool education establishment must conform to the following requirements:

- Correspond to the plan for development of educational institution network;

- Meet socio-economic development needs;

- Make a contribution to improving quality and efficiency of parenting, caring and education operations;

- Assure rights and benefits of administrators, teachers and employees;

b) The Chairperson of district-level People’s Committee shall be accorded authority to grant the decision on merger, division or splitting of a preschool or preschool education establishment;  

c) Application dossiers, processes and procedures for merger, division or splitting of preschools or preschool education establishments for the purpose of founding new ones must comply with provisions set forth in Article 10 hereof.

2. Suspension of operation of preschools or preschool education establishments

a) Operation of preschools or preschool education establishments is suspended in the event that one of the following situations occurs:

- Pose risks to life of children, administrators or teachers;

- Contravene regulations on imposition of penalties for any administrative violation arising in the educational sector to the extent where such violation results in suspension;

- Fail to maintain normal operations.

b) The Chairperson of district-level People’s Committee may grant the decision on suspension of operation of a preschool or preschool education establishment.

The decision on suspension of operation of that preschool or preschool education establishment must clearly specify reasons for such suspension and suspension time; measures to be taken to protect rights and interests of children, administrators, teachers and employees.  

Such decision must be made available to the public through mass media;

c) Application dossiers, processes and procedures for suspension of operation of a preschool or preschool education establishment must adhere to the following steps:

- The commune-level People’s Committee shall send the Division of Education and Training a statement on violations committed by a preschool or preschool education establishment as stipulated in Point a, Clause 2 of this Article; 

- The Division of Education and Training shall check and verify reasons for suspension of operation of preschools or preschool education establishments for the district-level People's Committee's consideration and grant of its decision;

- Upon expiry of such suspension, if causes for suspension are remedied, the Chairperson of district-level People's Committee may rely on written confirmations provided by competent authorities to consider or decide to permit operational resumption.

3. Dissolution of preschools and preschool education establishments:

a) A preschool or preschool education establishment is subject to dissolution in the event that one of the following situations occurs:

- Commit serious violations against regulations concerning management, organization or operation of such preschool or preschool education establishment which has caused impacts on child care and education quality;

- Upon expiry of such suspension, fail to mitigate causes resulting in such suspension;

- Realize that objectives and operational scope referred to in the decision on foundation or permission for foundation of such preschool or preschool education establishment no longer meet socio-economic development needs;

- Suspend its operation as duly requested by founding organizations or individuals;

b) The Chairperson of district-level People’s Committee may grant the decision on dissolution or termination of a preschool or preschool education establishment.

The decision on dissolution or termination must include reasons for dissolution or termination, and measures to be taken to protect rights and benefits of children, administrators, teachers and employees.

Such decision must be made available to the public through mass media.

4. Application dossiers for merger, division or splitting of a preschool or preschool education establishment include the following documents:

a) Project report on merger, division or splitting of such preschool or preschool education establishment;

b) Statement on the project for merger, division or splitting of such preschool or preschool education establishment;

c) Written confirmations in respect of finance, assets, real estate, loans, debts and other related issues.

Submission of application dossiers, acceptance of application dossiers, processing of application dossiers for inspection and verification of procedures and other dossiers, and time limit for processing of application dossiers for merger, division or splitting of such preschool or preschool education establishment, shall be the same as those for foundation thereof.   

Article 12. Conditions and procedures for registration of independent preschool education groups or classes; merger, division, splitting, suspension, dissolution or termination of independent preschool education groups or classes

1. The Chairperson of commune-level People’s Committee may grant his/her permission for operation of independent preschool education groups or classes after taking into account written opinions obtained from the Division of Education and Training.

2. Organizations or individuals applying for registration of preschool education groups or classes shall be granted the permission for foundation thereof by the competent authority provided that they meet the following conditions:

a) Satisfy families’ needs for sending children to school;

b) Have a teaching staff that meets standards referred to in Article 38 hereof;

c) Have rooms for child fostering, parenting, care and education, and equipment, furniture, toys and learning materials referred to in Article 31, 32 and 33 hereof. 

3. Procedures for registration of independent preschool education groups or classes:

a) Organizations or individuals apply for registration with the commune-level People’s Committee, which includes the application form for foundation of a preschool or preschool education establishment, enclosing a copy of valid qualification or certificate of the recommended manager thereof;  

b) The Chairperson of commune-level People’s Committee may accept and consider these documents and send the Division of Education and Training a written request for inspection of conditions for foundation of an independent preschool education group or class.

c) The Division of Education and Training shall deliver their written opinions to the Chairperson of commune-level People's Committee. Permission for foundation or refusal of permission for foundation must be confirmed in writing by the Chairperson of commune-level People’s Committee within the maximum period of 25 working days of receipt of valid dossiers.

4. Name sign of independent preschool education groups or classes:

The name sign of independent preschool education groups or classes shall be subject to the following regulations:

- At the upper left corner: The People’s Committee of a commune/ ward, commune-level town or name of thereof;

- In the center: Preschool education class or group and registered name thereof. The form of such class or group, whether public, people-founded or private, is not displayed.   

- At the bottom: Address, telephone number, establishment decision or license number of such group or class.

5. Merger, division, splitting, suspension, dissolution or termination of independent preschool education groups or classes

a) Merger, division or splitting of an independent preschool education group or class must conform to the following requirements:

- Satisfy families’ needs for sending children to school;

- Assure rights and benefits of teachers and employees;

- Make a contribution to improving quality and efficiency of child parenting, care and education operations.

b) The commune-level People’s Committee may give permission for merger, division or splitting of independent preschool education groups or classes;

c) Application dossiers, processes and procedures for merger, division or splitting of independent preschool education groups or classes for the purpose of founding new ones must comply with regulations set out in Article 9 and 10 hereof;

d) Suspension, dissolution or termination of independent preschool education groups or classes

- The commune-level People’s Committee shall send the Division of Education and Training a statement on violations committed by a preschool education groups or classes against regulations laid down in Point a, Clause 2 of this Article; the Division of Education and Training shall examine and verify reasons for such suspension and submit its opinions to the commune-level People’s Committee for its consideration and grant of its decision on suspension thereof;

- Upon expiry of such suspension, if causes for suspension are remedied, the Chairperson of commune-level People's Committee may rely on written confirmations provided by the Division of Education and Training to consider or decide to permit resumption of operation thereof;

- Independent preschool education groups or classes shall be subject to dissolution, termination or revocation of their licenses if any violation against regulations laid down in Clause 3 Article 11 hereof arises.

Article 13. Preschool education groups or classes

1. Children attending preschool education groups or classes shall be subject to the following regulations:

a) In respect of preschool education groups: Children aged from 3 months to 36 months are eligible to attend preschool education groups. The maximum number of children attending a preschool education group shall be provided for as follows:

- The preschool education group attended by children aged from 3 to 12 months: 15 children;

- The preschool education group attended by children aged from 13 to 24 months: 20 children;

- The preschool education group attended by children aged from 25 to 36 months: 25 children.

b) In respect of preschool education classes: Children aged from 3 to 6 years are eligible to attend preschool education classes. The maximum number of children attending a preschool education class shall be provided for as follows:

- A preschool education class attended by children aged 3-4 years: 25 children;

- A preschool education class attended by children aged 4-5 years: 30 children;

- A preschool education class attended by children aged 5-6 years: 35 children.

c) If the number of children per each group or class is less than 50% compared with the maximum number of children referred to in Point a, b Clause 1 of this Article, a combined group or class;

d) Where there is one disabled child offered an inclusive education program in a preschool education group or class, the number of preschoolers per a classroom shall be reduced by 5 children.  The fact that two children with the same disability have to attend a preschool education group or class is impermissible.

dd) The number of teachers in each preschool education group or class must be subject to applicable laws and regulations. If a preschool education group or class has at least 2 teachers, one teacher must be appointed as a principal teacher.

2. Subject to local conditions, a preschool or preschool education establishment may establish its preschool group or class in different areas to provide children with more opportunities to go to school (hereinafter referred to as school subsidiary). The President shall assign one Vice President or one class teacher to take charge of a school subsidiary. Each preschool or preschool education establishment shall not be allowed to run more than 7 school subsidiaries.   

Article 14. Specialized panel

1. A specialized panel is composed of teachers, school equipment and catering service employees  A specialized panel has both head and vice head.

2. A specialized panel shall take on the following roles:

a) Set the schedule of its activities by academic weeks, months or years for execution of child fostering, care and education programs or plans and other educational activities;

b) Hold refresher and professional improvement courses, inspect and assess quality and efficiency of child fostering, parenting, care and education activities, and manage use of school materials, furniture, supplies, toys, equipment of its members according to the plan of a preschool or preschool education establishment;  

c) Participate in assessment and ranking of teachers in conformity with the Professional Standards for nursery teachers;  

d) Propose any reward for or disciplinary action against teachers.

3. Members of a specialized panel shall hold a regular meeting at least once every two weeks.

Article 15. Administrative panel

1. An administrative panel is composed of employees tasked with school healthcare, paperwork, accounting and other employees.

2. An administrative panel shall take on the following roles:

a) Set the schedule of its activities by academic weeks, months or years to perform child care and nutrition program operations of a preschool or preschool education establishment;

b) Assist the President in managing finances, assets and keeping custody of documents or records of a preschool or preschool education establishment;

c) Hold refresher and professional improvement courses, inspect and assess quality and performance of its members in accordance with the plan of a preschool or preschool education establishment;  

d) Participate in assessment and ranking of its members.  

3. Members of an administrative panel shall hold its regular meeting at least once every two weeks.

Article 16. President

1. The President of a preschool or preschool education establishment is responsible for conducting and managing activities and child fostering, care and education quality of his/her preschool or preschool establishment.

2. The President of a public preschool or preschool education establishment shall be subject to the appointment by the Chairperson of district-level People’s Committee. The President of a people-founded or private preschool or preschool education establishment shall be subject to the accreditation at the request of the Head of the Division of Education and Training.    The term of office for a public preschool’s President is 5 years; after expiration of his/her term of office, (s)he may be re-appointed or transferred to another nearby preschool or preschool education establishment upon request. After each academic year, a President shall be subject to the competent authority’s assessment of his/her performance in management of operations and educational quality of his/her preschool or preschool education establishment.  

3. The person appointed or accredited as a President of a preschool or preschool education establishment is required to meet the following standards:

a) Hold an associate degree in Early Childhood Education and have a minimum of 5 years’ consecutive experience in Early Childhood Education. In certain special circumstances where any special work demand arises, the person appointed or accredited as a President may have fewer years of experience in Early Childhood Education than those stipulated by laws and regulations;

b) Graduate from executive training program; earn his/her prestige regarding political credentials, ethical standards, lifestyle, professional skills and practices; have competence in organizing and managing preschools or preschool education establishments, and demonstrate his/her good health.

4. Duties and powers of a President

a) Develop the school development plan; draw up and implement the educational plan in specific academic years; submit a review and assessment report on plan execution outcomes to the School Council and competent authorities;

b) Establish specialized or administrative panels and advisory councils in a preschool or preschool education establishment; appoint the head and vice head thereof.  Recommend members of the School Council for the competent authority’s decision;

c) Assign, manage, assess and rank, participate in the employee recruitment and transfer process for, and reward and impose any disciplinary action against, teachers or employees in accordance with laws and regulations;

d) Administer and utilize financial resources and assets of a preschool or preschool education establishment in an effective manner;

dd) Accept children, manage children and activities such as fostering, parenting, caring for and educating children in his/her preschool or preschool education establishment; grant a reward decision, approve child assessment results in conformity with the Ministry of Education and Training’s regulations on child fostering, care and education activities;  

e) Attend political, professional and managerial practice improvement classes; participate in 2 hours per week of educational activities; have access to benefits, allowances and incentive policies in accordance with laws and regulations;

f) Implement the grassroots democracy regulations and facilitate activities of socio-political organizations in a preschool or preschool education establishment in order to improve child care and education quality;

g) Call for private-sector involvement in education and capitalize on the preschool’s roles in communities.

Article 17. Vice President

1. The Vice President of a public preschool or preschool education establishment shall assist and be accountable to the President, and be appointed by the Chairperson of district-level People’s Committee. The Vice President of a people-founded or private preschool or preschool education establishment shall be subject to the accreditation at the request of the Head of the Division of Education and Training.    

2. A first-rank preschool shall have 2 Vice Presidents; a second-rank preschool shall have 1 Vice President; if there are at least 5 school subsidiaries or at least 20 disabled children, a preschool or preschool education establishment may assign 1 more Vice President.  The first or second rank of a preschool or preschool education establishment shall be provided for in the Joint Circular No. 71/2007/TTLT-BGDDT-BNV adopted by the Ministry of Education and Training, and the Ministry of Home Affairs, dated November 28, 2007 on providing guidance on state personnel limitations for public nursery schools.

3. The person appointed or accredited as a Vice President of a preschool or preschool education establishment is required to meet the following standards:

a) Hold an associate degree in Early Childhood Education and have a minimum of 3 years' consecutive experience in Early Childhood Education. In certain special circumstances where any special work demand arises, the person appointed or accredited as a Vice President may have fewer years of experience in Early Childhood Education than those stipulated by laws and regulations;

b) Earn his/her prestige regarding political credentials, ethical standards, lifestyle, professional skills and practices; have competence in managing preschools or preschool education establishments, and demonstrate his/her good health.

4. Duties and powers of a Vice President:

a) Assume administrative duties assigned by the President;

b) Manage activities of his/her preschool or preschool education establishment as authorized by the President;

c) Attend political, professional and managerial practice improvement classes; participate in 4 hours per week of educational activities; have access to benefits, allowances and incentive policies in accordance with laws and regulations.

Article 18. School Council

1. School Council and Management Council shall, respectively for public preschools or preschool education establishments, and people-founded or private ones, be generally called School Council.    The School Council shall be responsible for making decisions on the aims and objectives of operations of preschools or preschool education establishments, and mobilize and supervise utilization of resources meant for them, and connect them with community and society, and ensure all educational objectives are met.

2. Organizational structure, operational rules and procedures for establishment of the School Council of a public preschool:

a) Organizational structure:  

The School Council of a public preschool is composed of representative(s) from Vietnam’s Communist Party organizations, Board of Rectors (including President and Vice Presidents), representative(s) from the Trade Union, representative(s) from the Communist Youth Union of Ho Chi Minh City, representative(s) from specialized and administrative panel.  

The School Council has a Chairperson, Secretary and other members. The Chairperson of a School Council is not necessarily a preschool President. The number of members in a School Council is 7 or 9 persons.

b) Operational rules:

- The School Council shall hold a regular meeting at least twice every academic year. Whenever necessary and at the request of the President or at least one third of the School Council’s members, the Chairperson of the School Council may convene a special meeting to deal with any issues arising in the implementation of duties and powers of his/her preschool or preschool education establishment. The Chairperson of a School Council may invite representatives from local governments and entities to attend its meeting whenever necessary.

The meeting session of a School Council shall be considered legitimate if it is attended by at least three fourths of the School Council’s members (including the Chairperson). The resolution shall be ratified by the School Council and enter into force by agreement of at least two thirds of the Council members attending the meeting.   Resolutions of the School Council shall be made available to all of people in a preschool or preschool education establishment;

- The President of a preschool or preschool education establishment shall be responsible for implementing resolutions or conclusions of the School Council with regard to contents stipulated in Clause 3 of this Article. Where the President disagrees over any resolution or conclusion of the School Council, such disagreement must be promptly reported to the higher-level educational authority for any advice. Whilst waiting for such advice, the President must obey that resolution or conclusion of the School Council with respect to any matter which is not inconsistent with applicable laws and nursery school's statutes.

c) Establishment procedures:

After taking into consideration the organizational structure, duties, powers and operations of the School Council, the President shall compile a list of personnel recommended by teachers, organizations or unions of a preschool or preschool education establishment, and send a request to the Division of Education and Training for submission to the district-level People's Committee for its decision on establishment of a School Council.  The Chairperson of a School Council shall be appointed by Council members; the Secretary of a School Council shall be designated by the Chairperson of a School Council. The term of a School Council is 5 years. Every year, if there is any change to personnel, the President shall submit a written request to the competent authority for its decision on provision of additional personnel or enhancement of organizational structure of a School Council.

3. Duties and powers of a School Council for a public preschool:

a) Make a decision on objectives, strategies, projects and plans for school investment and development over periods and academic years;

b) Make a decision on organization, staffing, finance and assets of a preschool or preschool education establishment; recommend a person for appointment as a preschool President at the competent authority’s request; 

c) Supervise activities of a preschool or preschool education establishment; supervise implementation of resolutions of a School Council and democracy regulations for operations of a preschool or preschool education establishment.

4. Functions, duties, powers, composition, organizational structure, establishment procedures and operational regulations of a Management Council for people-founded and private preschools or preschool education establishment shall conform to their respective organizational and operational regulations.

Article 19. Emulation and award council, Advisory council

1. Emulation and award council shall be established by the President in the beginning of each academic year. The President is the Chairperson of the Emulation and Reward Council. Council members include the Vice President, the Secretary of a Vietnam Communist Party Branch, the Chairperson of a Trade Union, the Secretary of Communist Youth Union of Ho Chi Minh City, the Head of the specialized panel and the Head of the administrative panel.

The Emulation and Reward Council shall assist the President in organizing emulative movements and proposing the list of administrators, teachers, employees and children deserving of awards in a preschool or preschool education establishment.

The emulation and award council shall hold academic semester and year-end meetings.

2. Whenever necessary, the President may establish Advisory Councils assisting the President in respect of professional and managerial affairs in his/her preschool. Duties, powers, composition and operational time of an Advisory Council shall be subject to the President's regulations.

Article 20. Vietnam Communist Party organizations and unions in a preschool or preschool education establishment

1. Vietnam Communist Party organizations in a preschool shall play its role as a leader of that preschool or preschool education establishment, and operate under the Constitution, laws and Communist Party's statutes.

2. The Trade Union, Communist Youth Union of Ho Chi Minh City and other social organizations shall operate in a preschool or preschool education establishment in accordance with laws and regulations and their respective statutes in order to help such preschool or preschool education establishment reach its educational objectives.

Article 21. Asset and financial management

1. Asset management of each preschool or preschool education establishment shall comply with prevailing laws and regulations.  All members of a preschool or preschool education establishment shall be responsible for conserving and protecting property within their preschool or preschool education establishment.

2. Management of receipts and expenditures derived from financial resources of a preschool or preschool education establishment shall be subject to the applicable regulations adopted by the Ministry of Finance and the Ministry of Education and Training.

Chapter 3

CHILD FOSTERING, PARENTING, CARE AND EDUCATION PROGRAMS AND ACTIVITIES

Article 22. Education program, plan for education program execution

1. A preschool, preschool education establishment, independent preschool education group or class shall execute the Early Childhood Education program adopted by the Minister of Education and Training; develop the plan for child fostering, parenting, care and education by taking into consideration programs, guidelines of an academic year and respective local conditions.

2. With regard to disabled children, the child fostering, parenting, care and education plan of a preschool or preschool education establishment must be tailor-made and pay attention to their respective ability as well as comply with regulations on inclusive education for the handicapped or disabled.

Article 23. School equipment, furniture, toys and materials for the early childhood education program

1. School equipment, furniture, toys and instructional materials used in a preschool, preschool education establishment, or independent preschool education group or class, shall comply with regulations adopted by the Ministry of Education and Training.  

2. A preschool, preschool education establishment, or independent preschool education group or class, shall be responsible for providing preschool education equipment, furniture, toys and materials; encourage teachers to use modern materials or equipment to improve child fostering, parenting, care and education quality.

3. Instructional materials for disabled child care shall be subject to regulations adopted by the Ministry of Education and Training.

Article 24. Child fostering, parenting, care and education activities

1. Child fostering, parenting, care and education shall be effected through activities referred to in the early childhood education program.

2. Child fostering and parenting activities include nutritional care, sleep care; sanitary care; health care and safety assurance.

3. Child education activities include play, learning, labour, celebration and ceremony-related activities.

4. Inclusive education for disabled children in a preschool or preschool education establishment shall comply with regulations on disabled and handicapped child education adopted by the Ministry of Education and Training.

5. Child fostering, parenting, care and education shall also be effected by means of disseminating scientific knowledge about child care and education to parents and communities.

Article 25. Documentation system for child fostering, parenting, care and education activities

1. With respect to preschools

a) Children management files and records;

b) Files and records of children provided with inclusive education programs (if available);

c) Personnel management files and records;

d) Specialized department’s management files and records;

dd) Documents and communications records;

e) Assets, facilities and financial management files and records; 

f) Semi-boarding management files and records.

2. With respect to teachers

a) Child education schedule books;

b) Child monitoring books: child attendance check, health examination and assessment;

c) Specialized books: class observations, visits and meeting minutes;

d) Assets records of preschool education groups or classes.

Article 26. Assessment of outcomes of child fostering, parenting, care and education activities

1. Hold regular health examination for children twice an academic year.

2. Monitor the child development diagram: Check the weight of children under 24 months old on a monthly basis; check that of children above 24 months old on a quarterly basis.

3. Assess the development of children: conform to regulations on children's age-appropriate development standards adopted by the Ministry of Education and Training. Disabled children attending inclusive education programs shall be subject to child development assessment based on the educational objectives of a single child.

Chapter 4

ASSETS OF NURSERY SCHOOLS, PRESCHOOLS, PRESCHOOL EDUCATION ESTABLISHMENTS, INDEPENDENT PRESCHOOL EDUCATION GROUPS AND CLASSES

Section I. PROPERTY OF NURSERY SCHOOLS, PRESCHOOLS, PRESCHOOL EDUCATION ESTABLISHMENTS, OR INDEPENDENT PRESCHOOL EDUCATION GROUPS AND CLASSES

Article 27. Preschools, preschool education establishments

1. Preschools or preschool education establishments must be located in residential quarters in uniformity with the general planning and ensure children’s easy access to school; meet statutory safety and environmental sanitation requirements.

2. Children’s distance to get preschools or preschool education establishments: less than 1 km with respect to cities, district-level towns, commune-level towns, industrial zones, residential resettlement areas, suburban or rural areas; less than 2 km for areas facing extreme socio-economic difficulties.

3. The size of land lot for construction of a preschool or preschool education establishment covers that for construction, playgrounds, trees and pathways.    The minimum usable space is 12 m² per each child in respect of those located in rural and mountain areas; 8 m² per each child in respect of those located in municipal and district-level town areas.

4. A preschool or preschool education establishment must be surrounded by brick, wooden, bamboo or metal walls or fenced by trimmed trees.  At the main gate of a preschool, preschool education establishment, a name sign thereof must be placed in accordance with Article 7 hereof.

5. Construction of school blocks:

a) General requirements:

- Blocks to be built must meet design standards and applicable school sanitation regulations.

- Blocks for preschool education groups, classes and catering services must be separated; safety and age-appropriate educational requirements must be met; exit doors and fire safety systems must be in place.

- Children shall have easy access to these facilities.

b) Block of rooms for preschool education groups or classes

The number of rooms for preschool education groups or classes must be proportional to that of age-appropriate groups or classes, and ensure that each group or class has its own child fostering, care and education room.    A child fostering, parenting, care and education room is designed to include:

- Social hall;

- Rest and nap room;

- Restroom;

- Playground area.

c) Block of rooms for learning purposes is divided into physical, fine arts or multi-functional rooms.

d) Block of table rooms is divided into cooking and warehousing areas.

e) Block of administrative rooms comprises:

- School office;

- President’s room;

- Vice President’s room;

- Administrative office;

- Medical room;

- Guard room;

- Staff room;

- Restroom area for teachers, administrators and employees;

- Parking space for teachers, administrators and employees.

6. Garden is designed to include playground intended for preschool education groups or classes; commonly-shared playground, tree-planted playground.

Article 28. Child fostering, parenting, care and education room

1. Social hall must provide a space of 1.5 - 1.8 m² per each child, be naturally illuminated and well-ventilated with cemented, brightly-tiled or wooden floor.   The social hall can be used for snack, meal, nap and rest purposes for preschoolers. The social hall is equipped with the following furniture items:

- Tables and chairs that meet approved standards and are adequate for the number of children attending preschool classes;

- Teacher’s desks, chairs and whiteboards;

- Cabinets, shelves, racks for storage of toys, items and materials;

- Lights and fans.

2. Rest and nap room: The room size is 1.2 – 1.5 m² per a child; the room must be soundproofed, air-conditioned in summer and warm in winter. The room is equipped with the followings:

- Beds, bed frames, mats, mattresses, blankets, cushions, mosquito nets and fans, depending on specific regional climate;

- Cabinets, shelving and racking systems for child nap or sleep items.

3. Restroom: The room size must be 0.4 – 0.6 per a child; with regard to preschoolers, the separate male and female restroom should be available. The restroom is equipped with the followings:

- Nursery children:

+ Hand-wash water taps;

+ Potty chair;

+ Gutters or toilet seats for children aged from 24 to 36 months;

+ Showers;

+ Water pools or tanks.

- Preschool children:

+ Hand-wash water taps;

+ Urinating and stooling areas for male and female preschoolers;

+ Showers;

+ Water storage pools or tanks.

4. Playground area.

The area size is 0.5 – 0.7 per a child with not less than 2.1 m in breadth and protective banisters that have 0.8 – 1m in height.

Article 29. Kitchen

1. The kitchen size is 0.3 – 0.35 per a child. It includes food raw material preparation, processing, cooking and meal portioning areas, and is designed and operated by employing the one-way line.

2. The kitchen is equipped with the followings:

a) Have a full amount of items to serve meals for semi-boarding children; Have food processing appliances that meet food hygiene and safety requirements;

b) Prepare the fridge to store food samples from semi-boarding children’s meals; provide an adequate amount of potable water subject to health authorities’ inspection;

c) Meet statutory waste treatment and fire safety requirements.

Article 30. Requirements of equipment, toy, items and materials

1. Preschools or preschool education establishments must have a full amount of equipment, toys, personal items and materials in accordance with regulations set out by the Ministry of Education and Training which are used in an effective manner for child fostering, parenting, care and education.

2. Those preschools or preschool education establishments that use equipment, toys, personal items and materials which are not named in the list adopted by the Ministry of Education and Training must ensure that they are educational, safe and age-appropriate to preschool children.

3. Preschools or preschool education establishments must set the schedule for maintenance, repair, replacement, additional provision and upgradation of equipment, useful items, toys and materials.

Section II. PROPERTY OF INDEPENDENT PRESCHOOL EDUCATION GROUPS OR CLASSES

Article 31. Requirements as to independent preschool education groups and classes

1. Facilities of an independent preschool education group or class are not badly damaged but are solidly built and provide full natural illumination, tiny and well-ventilated space. It is designed with cemented, brightly tiled or wooden floors.

2. The size of child parenting, care and education room must be at least 1.5 m² per a child. It is provided with a full amount of clean and potable water for children’s daily activities.  

3. It has a play area, fences and gates for children’s safety, and has built-in restrooms that have a minimum of 0.4 m² per a child and an adequate amount of age-appropriate equipment that can meet all children’s demands.

4. Those groups or classes that provide meals for children must have kitchens which are safe to children and separate from other facilities. Statutory fire safety and food hygiene requirements must be met. These facilities must be subject to food inspection regulations.

Article 32. Equipment available in an independent preschool education group

1. Provide mats or mattresses for children’s play activities, beds, blankets, cushions and mosquito nets for children’s rest and nap, potable water containing objects, racking systems for storage of toys, tissues and cups, and have an adequate amount of children’s potties, and one teacher chair.  

2. Have a minimum of useful items for children, such as toys, objects and materials used for play activities and intentional play and learning practices.

3. Provide an adequate number of personal items per each child.

4. Provide useful stuff and materials for childminders, including sets of manuals for child care and education activities; child activities logbook; preschool education group's property inspection record books; child parenting knowledge materials.

Article 33. Equipment available in an independent preschool education class

1. Provide chairs and tables meeting statutory standards (especially for 5-year-old children): one table and two chairs for two children; one table, one chair and one whiteboard for a teacher; racks used for storage of handy items and toys; potable and drink water tanks.  With regard to semi-boarding classes, wood frames or beds, blankets, cushions, mosquito nets and fans must be available to meet children's rest and nap demands.

2. Have a minimum of useful items for children, such as toys, handy objects and materials used for intentional play and learning practices.

3. Provide an adequate number of personal items per each child.

4. Provide useful stuff and materials for preschool teachers, including sets of manuals for child care and education activities; child activities logbooks; record books for organization of children’s educational activities; child parenting knowledge materials.

Chapter 5

TEACHERS AND EMPLOYEES

Article 34. Teachers and employees

Teachers working for nursery education establishments must take charge of child parenting, care and education activities at preschools, preschool education establishments, or preschool education groups or classes.

Employees are tasked with performing their duties to assist child parenting, care and education activities at nursery education establishments.

Article 35. Teacher’s duties

1. Protect safety for children’s health and life during their stay at preschools, preschool education establishments, preschool education groups or classes.  

2. Perform the work of child parenting, care and education in uniformity with the early childhood education program: draw up the child care and education plan; create the educational environment, and organize child parenting, care and education activities; assess and manage children; bear responsibility for child parenting, care and education quality; participate in activities held by their specialized panels, preschools, preschool education establishments, independent preschool education groups or classes. 

3. Improve their moral standards, preserve their dignity, prestige and reputation of a teacher; act as an exemplary image, give fair treatment to children and respects for children’s personality; protect lawful rights and interests of children; foster solidarity among and provide supports for colleagues.

4. Disseminate scientifically–proven parenting knowledge to parents. Proactively cooperate with children’s families to accomplish children's education aims and objectives.

5. Involve themselves in physical exercise, cultural learning and professional and skill improvement activities to increase the quality of their child parenting, care and education.

6. Discharge their citizen’s obligations, implement legislative regulations or sector-specific rules as well as other school regulations and decisions granted by the President.

Article 36. Employee’s duties

1. Perform duties as planned and assigned by the President.

2. Implement profession-based regulations and comply with rules set out by preschools, preschool education establishments, or independent preschool education groups or classes.

3. Ensure safety for children's meals and activities during their time spent at preschools, preschool education establishments, or independent preschool education groups or classes. Observe food hygiene regulations for children’s meals and prevent any food poisoning that children may get. 

4. Improve their moral standards, preserve dignity, prestige and reputation of their own, their preschools, preschool education establishments, or independent preschool education groups or classes; foster solidarity among and provide mutual supports for colleagues.

5. Involve themselves in physical exercise, cultural learning and professional and skill improvement activities to increase the quality of their child parenting, care and education.

6. Discharge their citizen’s obligations, implement legislative regulations or sector-specific rules as well as other school regulations and decisions granted by the President.

Article 37. Rights of teachers and employees

1. Have access to any necessary facilities to perform their child parenting, care and education activities.

2. Qualify for professional level development training, professional and skill improvement, and salary, allowances and other benefits in accordance with laws when they are sent to study to improve their own professional practices and skills.

3. Have access to all physical and mental rights and interests, and health care and protection policies intended for teachers.

4. Have access to measures to protect their dignity and reputation.

5. Exercise other rights in accordance with laws.

Article 38. Professional standards framework for teachers and employees

Educational qualification standards for preschool teachers include early childhood associate degrees; Educational qualification standards for school healthcare and accounting staff include profession-specific associate degrees; those working as treasurers, librarians, archivists, cooks or security guards must be trained for their assigned scope of work.  

Article 39. Language, conduct and dress code of teachers and employees

1. Teacher’s conduct and language code must correspond to child education requirements.

2. Teachers and employees must wear clothes which are neat, fit well and clean to be suitable for their child parenting, care and education activities.

Article 40. Don’ts of teachers and employees

1. Don’ts of teachers include:

a) Harm honour, reputation, dignity or carry out physical abuse of children and colleagues;

b) Defame educational contents;

c) Skip classes, class sessions or cut child parenting, care and education programs at their discretion;

d) Give unfair treatment to children;

e) Force children to attend their extra tuitions to gain their own benefits;

f) Decrease children’s meal portions; care about their individual work during class hours when they are responsible for child parenting, care and education activities.

2. Don’ts of employees include:

a) Harm honour, reputation, dignity or carry out physical abuse of children and colleagues;

b) Give unfair treatment to children;

c) Decrease children’s meal portions; care about their individual work during class hours when they are responsible for child parenting, care and education activities.

Article 41. Awards and disciplinary actions

1. Teachers and employees who gain excellent achievements shall be given awards and win emulative titles and other honorable recognitions in accordance with laws and regulations.

2. Those who commit any violation against regulations set out herein shall, depending on the seriousness of such violation, be subject to disciplinary actions in accordance with laws and regulations.

Chapter 6

CHILDREN

Article 42. Age and health conditions of nursery school children

1. Children aged from 3 months to 6 years shall be eligible to have access to preschools, preschool education establishments, independent preschool education groups or classes.

2. Children with dangerous infectious or congenital diseases shall not be admitted into preschool education establishments.

Article 43. Children’s rights and policies

1. Have access to child parenting, care and education activities in conformity with early childhood education objectives and programs adopted by the Ministry of Education and Training. Disabled children shall be eligible to attend inclusive education programs in accordance with laws and regulations, and qualify for setting up of their own educational plan.

2. Have access to preliminary health care schemes, and free-of-charge medical examination and treatment at public healthcare service providers.

3. Have opportunities to participate in aptitude development activities.

4. Have access to reduction in fees paid for public recreational and entertainment services.

5. Enjoy other rights in accordance with laws.

Article 44. Children’s duties

1. Attend classes regularly; participate in child parenting, care and education activities; comply with school regulations.

2. Speak politely, exhibit respectful behaviors and form age-appropriate good hygiene habits.

3. Wear clean, neat and age-appropriate clothes which are well fit for play and learning activities.

4. Maintain proper hygiene of their own and for preschool education groups, classes, preschools and preschool education establishments as well as public areas.

Article 45. Awards and warnings

1. Diligent and well-mannered children shall be given awards and incentives.

2. Children committing faults shall receive warnings from teachers who will then hold discussion with their families about this.

Chapter 7

RELATIONSHIP OF NURSERY SCHOOLS, PRESCHOOLS, PRESCHOOL EDUCATION ESTABLISHMENTS, INDEPENDENT PRESCHOOL EDUCATION GROUPS OR CLASSES WITH FAMILIES AND SOCIETY

Article 46. Responsibility of preschools, preschool education establishments and independent preschool education groups or classes

1. Preschools, preschool education establishments and independent preschool education groups or classes should take initiative in proposing measures to executive committees at different levels of the Communist Party and local governments, cooperate with families and society in agreeing on the school development scale and plan, and measures to educate children and give supports to disadvantaged children.

2. Cooperate with relevant agencies, socio-political organizations and individuals in:

a) Communicating scientifically-proven child parenting knowledge to parents and communities; carry out disease prevention and health check-ups for children attending preschools, preschool education establishments, independent preschool education groups or classes.  

b) Mobilizing possible resources available in communities to succeed in early childhood education missions; make contributions to development of facilities; work towards healthy and safe learning environment; facilitate improvement of child parenting, care and education quality.

Article 47. Family’s duties

1. Keep close contact with preschools, preschool education establishments, independent preschool education groups or classes to be promptly informed of what has happened to children in order to cooperate in child parenting, care and education activities.

2. Get involved in activities organized by preschool education groups, classes, preschools and preschool education establishments in order to make necessary contributions to improving child parenting, care and education quality.

Article 48. Parent representation committee of preschools, preschool education establishments and independent preschool education groups or classes

1. Preschools and preschool education establishments should establish the parent representation committee for respective preschool education groups or classes, and the parent representation committee of their own. Independent preschool education groups or classes must establish the parent representation committee for respective groups and classes.

2. Organization and operations of the parent representation committee shall be subject to the Statutes of the parent representation committee adopted by the Minister of Education and Training.