NEW REGULATIONS ON CONDITIONS AND PROCEDURES FOR ESTABLISHING INDEPENDENT CHILDCARE GROUPS, INDEPEND

Decree 125/2024/ND-CP, issued by the Government on October 5, 2024, stipulates conditions for investment and operation in the education sector. Notably, the decree provides regulations on conditions and procedures for establishing independent childcare groups, kindergartens, and preschools (collectively referred to as "independent preschool education establishments"). This decree will take effect from November 20, 2024, including new provisions on conditions and procedures for the establishment of independent childcare groups, kindergartens, and preschools:

1. Requirements for establishing private independent childcare groups, kindergartens, and preschools.

Independent childcare groups, kindergartens, and preschools must meet the following requirements:

- Must have a location, minimum facilities, equipment, toys, and teaching aids that meet the requirements of the preschool education program as prescribed by the Ministry of Education and Training.

- Must have an education plan, materials, and learning materials that meet the requirements of the preschool education program as prescribed by the Ministry of Education and Training.

- Must have a team of managers, teachers, staff, and laborers who meet the quantity and standards prescribed by the Ministry of Education and Training to organize activities to nurture, care for, and educate children that meet the requirements of the preschool education program.

- The size of groups and classes in independent preschool education establishments must comply with the regulations of the Ministry of Education and Training.

2. Procedures for permitting the establishment of private independent childcare groups, kindergartens, and preschools.

* Prepared documents:

- An application requesting permission to establish a private independent preschool (following Form No. 08, Appendix I of Decree 125/2024/ND-CP);

- Certified copies of legal documents proving land use rights, ownership of the building, or a lease agreement for the premises of the private preschool;

+ Legal documents confirming the amount of investment in the establishment of the private preschool, ensuring legality and suitability with the planned scale at the time of establishment.

* Procedure:

Step 1: Submitting the dossiers

The organization or individual proposing to establish a private independent preschool shall submit 01set of the prescribed dossier via the online public service portal, by post, or directly to the People's Committee of the commune;

Within 05 working days from the date of receipt of a complete dossier, if the dossier is incomplete, the People's Committee of the commune shall notify the organization or individual in writing of the necessary corrections or supplements; if the dossier is complete, a written request shall be sent to the Department of Education and Training to inspect the actual conditions for establishment.

Step 2: On-site inspection and evaluation 

Within 10 working days from the date of receiving the request from the People's Committee of the commune, the Department of Education and Training shall conduct an on-site inspection to verify the compliance with the establishment requirements. The Department shall then submit a written report to the People's Committee of the commune indicating whether the private independent preschool meets the required conditions for establishment.

Step 3: Decision on establishment for the private independent preschool

Within 5 working days from the date of receiving the report from the Department of Education and Training, the Chairperson of the People's Committee of the commune shall issue a decision on whether to grant permission for the establishment of the private independent preschool. 

The decision to grant permission for the establishment of the private independent preschool shall be publicly announced through mass media.

Lawyer Thanh Tra - FDVN Law firm

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