According to Article 4 of Decree No. 125/2024/ND-CP , the procedure for establishing public preschools or permitting the establishment of private preschools from November 20, 2024 is as follows:
(1) Presidents of People’s Committees of districts, cities, and provincial district-level towns (hereinafter referred to as “district-level People’s Committees”) shall decide on the establishment of public preschool or permit the establishment of private preschools.
(2) An application includes:
(i) Written request for the establishment or permission for the establishment of the preschool (following Form No. 01 in Appendix I enclosed with Decree No. 125/2024/ND-CP );
(ii) Scheme to establish or permit the establishment of the preschool (following Form No. 02 in Appendix I enclosed with Decree No. 125/2024/ND-CP ).
(3) Implementation procedure:
(i) The People’s Committee of a commune, ward, or town (hereinafter referred to as commune-level People’s Committee) (in case of applying for approval for the establishment of a public preschool); organization or individual (in case of applying for permission for the establishment of a private preschool) shall submit an application prescribed in (2) through the online public service portal, by post, or in-person to the district-level People’s Committee;
(ii) Within 5 working days from the receipt of the adequate application, where the application is invalid, the district-level People’s Committee shall issue a written notice on contents requiring revisions to the applicant for the establishment or permission for the establishment of the preschool; where the application is valid, the district-level People’s Committee shall direct the Division of Education and Training to assess the conditions for the establishment or permission for the establishment of the preschool.
(iii) Within 15 days from the receipt of the directive from the district-level People’s Committee, the Division of Education and Training shall take charge and cooperate with relevant specialized divisions in assessing the conditions for the establishment or permission for the establishment of the preschool in the application; prepare an assessment report to assess compliance with Article 3 of Decree No. 125/2024/ND-CP and present it to the President of the district-level People’s Committee for consideration and decision;
(iv) Within 5 working days from the receipt of the assessment report from the Division of Education and Training, where the conditions are adequate, the President of the district-level People’s Committee shall decide to establish or permit the establishment of the preschool; where the conditions are inadequate, the President of the district-level People’s Committee shall issue a written notice with enclosed explanations to the applicant for the establishment or permission for the establishment of the preschool.
The decision to establish or permit the establishment of the preschool (following Form No. 10 in Appendix I enclosed with Decree No. 125/2024/ND-CP ) shall be publicly announced on mass media.
(4) Within 2 years from the effective date of the decision to establish or permit the establishment of the preschool, the preschool is not permitted to engage in educational activities, the Division of Education and Training shall submit a report to the district-level People’s Committee to revoke the establishment decision or the decision on permission for the establishment of the school.
(5) Where the preschool relocates its educational activity location, it must meet specific conditions and perform the procedure for the establishment or permission for the establishment of preschools and permission for preschools to engage in educational activities prescribed in Decree No. 125/2024/ND-CP . In the scheme (following Form No. 02 in Appendix I enclosed with Decree No. 125/2024/ND-CP ), the preschool shall declare to inherit the rights, obligations, and responsibilities of the preschool requesting the relocation.
Decree No. 125/2024/ND-CP of Vietnam comes into force as of November 20, 2024.
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