Thông tư 44/2010/TT-BGDDT

CIRCULAR

ON AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE PRESCHOOL CHARTER ISSUED TOGETHER WITH THE EDUCATION AND TRAINING MINISTER’S DECISION NO. 14/2008/QD-BGDDT OF APRIL 07, 2008

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

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, Ministerial agencies;

Pursuant to the Government’s Decree No. 32/2008/ND-CP dated March 19, 2008, 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, detailing and guiding implementation of a number of Articles of the Law on Education;

At the proposal of Director of Department of Preschool Education,

The Minister of Education and Training decides:

Article 1. To amend and supplement a number of articles of the preschool charter issued together with the Education and Training Minister’s Decision No. 14/2008/QD-BGDDT of April 07, 2008, as follows:

1. Clause 2 Article 2 is amended and supplemented as follows:

"2. Encouraging children at preschool age to go to school; organizing integration education to children with disadvantaged circumstances, children with disabilities; performing preschool education universalization for 5-year old children Annually, self-examining under the set standards on preschool education universalization for 5-year old children, and reporting to competent authorities in writing”.

2. Clause 2 Article 7 is amended and supplemented as follows:

“2. Signboard of preschools and kindergartens”

a) The left-upper corner

- First row: People’s Committee and proper name of district, town, or city under province;

- Second row: Division of Education and Training".

3. Article 8 is amended and supplemented as follows:

“Article 8. Conditions for establishment of preschools, kindergartens and conditions to allow educational activities

1. Preschools and kindergartens may be established when having full the following conditions:

a) Having scheme on establishment of preschool or kindergarten in line with the master plan on economic-social development and the local plan on network of education establishments which have been approved by competent state agencies;

b) Scheme on establishment of preschool or kindergarten must determine clearly the objectives, tasks, programs and content of education; land, material facilities, equipment, location expected to build school; organization of the apparatus, force source and finance; strategic orientations in construction and development of preschool or kindergarten.

2. Preschools and kindergartens are allowed to operate education when having full the following conditions:

a) Having decision on establishment or decision on permission to establish preschool or kindergarten;

b) Having land, rooms, material facilities, equipment as prescribed in Chapter IV of this Charter, ensuring to meet requirements, maintain and develop the education activities;

c) Location to build preschool or kindergarten ensuring the environment of education, safety for learners, teachers and employees;

d) Having three or more child groups, kindergarten classes with minimum quantity of 50 children and not exceeding 20 child groups, kindergarten classes;

dd) Having preschool education program and documents of child care and education in accordance with regulations of the Ministry of Education and Training;

e) Having a contingent of teachers, managers satisfying the standards, with full quantity, reasonable structure, ensuring implementation of the preschool education program and organization of educational activities as prescribed in Article 22, Article 24 of this Charter;  

g) Having full financial resource as prescribed to ensure the maintenance and development of educational activities;

h) Having regulations on organization and operation of preschool or kindergarten.

3. Within 02 (two) years, if a preschool or kindergarten has full conditions as prescribed at Clause 2 this Article, it is allowed to operate education.  Upon expiry of the prescribed duration, if it fails to be eligible to be allowed to operate education, decision on establishment or permission for establishing preschool or kindergarten shall be revoked”.

4. Article 9 is amended and supplemented as follows:

“Article 9. Competence to establish or permit establishment, revoke decision on establishment or permission for establishment, allow educational activities, terminate educational activities, merger, divide, split, dissolve preschools and kindergartens

1. Chairpersons of district-level People’s Committee shall decide on establishment of public preschools and kindergartens or permission to establish the people-founded or private preschools and kindergartens.

2. Heads of the district-level Divisions of Education and Training shall allow the educational activities or terminate the educational activities of preschools and kindergartens.

3. Persons competent to establish or allow establishment of preschools and kindergartens shall have competence to revoke decisions on establishment or permission for establishment; decide on merging, division, separation and dissolution of preschools and kindergartens. Persons competent to allow the educational activities shall have the competence to decide on suspension of the educational operation”.

5. Article 10 is amended and supplemented as follows:

“Article 10. Dossiers and process of, procedures for establishment of, or permission to establish preschools, kindergartens; and permission for educational operation applicable to preschools, kindergartens

1. Dossiers and process of, procedures for establishment of, or permission to establish preschools, kindergartens are stipulated as follows:

a) Dossier of establishment or permission to establish preschool or kindergarten includes:

- A written request for establishment of preschool or kindergarten of line agency for the public preschool or kindergarten, of organization or individual for the people-founded or private preschool or kindergarten in which clearly stating the necessity of establishment; name of preschool or kindergarten; location expected to locate head office of organization nurturing, caring, and providing education to children of preschool or kindergarten;

- Scheme on establishment of preschool or kindergarten: Determine the conformity with the master plan on economic-social development and plan on network of education establishments; objectives, tasks, programs and content of education; land, material facilities, equipment; organization of the apparatus, operation of teachers and managers; force source and finance; planning, plans and solutions in construction and development of preschool or kindergarten in each period.

In scheme, it is necessary to clearly state the estimated total capital for implementation of plans and assurance of nurturing, caring and providing education to children within 3 first years of establishment and the next years, have clear explanation on the feasibility and legality of investment sources for construction and development of preschool or kindergarten in each period;

- Having document on guideline in handing over of land or principle contract of leasing land, house for head office of preschool or kindergarten with the expected duration of renting not less than 5 (five) years;

- Draft of ground master plan and preliminary design of architecture works built on land for preschool or kindergarten or design of architecture works (if facilities have been available), ensure the conformity with scale of education and standard of use area in serve of nurturing, caring and providing education to children;

b) The process of and procedures for establishment of or permission to establish preschools, kindergartens are stipulated as follows:

- The communal People’s Committee for a public preschool or kindergarten; organization or individual for people-founded or private preschool or, kindergarten shall make a dossier as prescribed at Clause 1 this Article and send it to the district-level People’s Committee;

- Within 20 working days, after receiving a full and valid dossier, the district-level People’s Committee shall direct Division of Education and Training and relevant specialized Divisions to give out opinions for appraisal of dossier and practical appraisal of conditions for establishment of preschool or kindergarten according to content and conditions specified at point a clause 1 of this article;

- Within 15 working days, after receiving the written appraisal opinions of Division of education and training and relevant specialized Divisions, in case of satisfying full conditions specified at Clause 1 Article 8, the chairperson of district-level People’s Committee shall issue a decision on establishment for public preschool or kindergarten, or permission for establishment for private preschool or kindergarten. In case of failing to satisfy full conditions, the chairperson of district-level People’s Committee shall reply in writing and clearly state the reason thereof.

2. Dossiers, process of, and procedures for permission to operate education for preschools, kindergartens are stipulated as follows:

a) Dossier of requesting to allow educational activities for preschools, kindergartens includes:

- Certified copy of decision on establishment or decision on permission to establish preschool or kindergarten;

- A written request to be allowed operating education;

- Detailed report on situation of carrying out scheme on investment in establishment of preschool or kindergarten.  The report should clarify specific works which have been finished or are performing: Conditions of land, material facilities, equipment in serve of nurturing, caring and providing education to children, teachers and managers, finance;

- List of teacher in which clearly state the professional qualification; the working contracts signed between the preschool or kindergarten and each teacher; 

- List of managers keeping positions of key leaders including principals, deputy principals, heads of specialized divisions, departments, groups  in which clearly state the professional qualification; the working contracts already signed between the preschool or kindergarten and each manager;

- Program on preschool education, documents in serve of implementation of the program on preschool education;

- List of quantity of classes, working offices, material facilities, and equipment satisfying conditions specified in Articles 27, 28, 29 and 30 of this Article;

- Lawful document certifying the land use right or contract of renting head office of preschool or kindergarten for at least 5 (five) years;

- Lawful documents certifying the existing amounts which is managed by preschool or kindergarten, ensuring the legality and commitment that it will only be used for construction investment and expenditure for regular activities of preschool or kindergarten after being allowed to operate education; plan to mobilize capital and balance capital in next time in order to ensure the stable maintain of activities of preschool or kindergarten during 5 years, since the preschool or kindergarten is allowed enrolling.

- Regulations on organization and operation, Regulation on internal expenditure of preschool or kindergarten.

b) The process of, and procedures for permission to operate education for preschools, kindergartens are stipulated as follows:

- Division of education and training shall receive and organize the appraisal of dossier of requesting for permission for educational operation.

- If dossier has not yet been sufficient documents specified at point a Clause 2 this Article, it notifies preschool or kindergarten for modification and addition. If dossier satisfies dully documents specified at point a Clause 2 this Article, it notifies about plan on practical appraisal at preschool or kindergarten.

Within 20 working days, after receiving notice of plan on practical appraisal, the Division of Education and Training shall assume the prime responsibility for, and coordinate with the relevant Divisions in organizing the practical appraisal.

- If the preschool or kindergarten satisfies conditions specified at Clause 2 Article 8 of this Charter, the head of district-level Division of education and training shall issue Decision on permission for educational operation; if preschool or kindergarten has not yet satisfied conditions specified at Clause 2 Article 8 of this Charter, the head of district-level Division of education and training shall notify preschool or kindergarten in writing and clearly stating the reason thereof”

6. Article 11 is amended and supplemented as follows:

“Article 11. Merging, division, separation and suspension of educational operation, dissolution of preschools and kindergartens

1. Merging, division, separation of preschool or kindergarten:

a) Merging, division, separation of preschool or kindergarten must ensure the following conditions

- To conform with the master plan on network of educational establishments;

- To satisfy requirements of economic-social development;

- To ensure rights and benefits of children, managers, teachers and employees;

- To contribute in increasing quality and efficiency of nurturing, caring and providing education to children.

b) Dossier includes:

- Scheme on merging, division, separation of preschool or kindergarten;

- Report of the district-level People’s Committee on requesting for merging, division or separation of preschool or kindergarten;

c) The process of and procedures for merging, division, separation of preschool or kindergarten shall comply with Article 10 of this Charter.

2. Suspension of educational operation of preschools, kindergartens

a) A preschool or kindergarten may be terminated its educational operation when happening one of the following cases:

- Having fraudulent act in order to be allowed operating education;

- Do not ensure one of conditions to be allowed operating education specified at Clause 2 Article 8 of this Charter;

- The educational operation has been allowed by person ultra vires;

- Do not carry out educational operation after being allowed operating education;

- Violate regulations on sanctioning administrative violations in education at the seriousness which have to be terminated;

- Other cases as prescribed by law.

b) Dossier of suspension of educational operation of preschool or kindergarten includes:

- Decision on establishment of inspection team of the Division of Education and Training;

- The written record of inspection;

- The evidences proving that the preschool or kindergarten violates one of cases specified at point a this Clause;

- Plan to ensure the lawful rights and benefits of children, teachers, officers and employees of preschool or kindergarten.

c) The process of, and procedures for suspension of educational operation of preschools, kindergartens are stipulated as follows:

- When detecting that preschool or kindergarten violates one of cases specified at point a this Clause, Division of education and training shall make dossier and notify such preschool or kindergarten about violation;   

- Within 10 working days, after notifying preschool or kindergarten about the detected violation, the head of Division of education and training shall consider to decide on suspension or continuation applicable to educational operation.

d) Decision on suspension of educational operation for preschool or kindergarten must clearly determine reason of suspension, duration of suspension, measures to ensure rights and benefits of children, teachers, officers and employees in preschool or kindergarten. Decision on suspension of educational operation for preschool or kindergarten must be announced publicly on means of mass media.

d) After duration of suspension, if preschool or kindergarten overcomes reasons causing suspension, the head of division of education and training shall consider to decide on permission for again educational operation for such preschool or kindergarten.

3. Dissolution of preschools and kindergartens

a) A preschool or kindergarten may be dissolved when happening one of the following cases:

- Seriously violating regulations on management, organization and operation of preschool or kindergarten adversely affecting to quality of caring and providing education to children;

- Expiring duration of suspension but it fails to overcome reasons of suspension;

- Objectives and content of operation in decision on establishment or permission for establishment of preschool or kindergarten do not conform to requirements of economic-social development;

- At the request of organization or individual established such preschool or kindergarten.

b) Dossier of dissolution includes:

- Decision on establishment of inspection team of the district-level People’s Committee;

- The written record of inspection;

- A written request for dissolution of preschool or kindergarten made by division of education and training in which clearly stating reason of request for dissolution enclosed with evidences proving that preschool or kindergarten violates one of three first cases leading to be dissolved as prescribed at point a Clause 3 this Article or A written request for dissolution made by organization or individual established such preschool or kindergarten, in which clearly stating reason of dissolution, measures to settle the lawful rights and benefits of its children, teachers, officers and employees; plan on handling its assets.

c) The process of, and procedures for dissolution of preschools, kindergartens are stipulated as follows:

- Organization or individual established such preschool or kindergarten shall submit dossier of requesting for dissolution to the district-level People’s Committee.

In case of detecting or having report of agencies, organizations or individuals about violation of one of three first cases conducted by preschool or kindergarten leading to be dissolved as prescribed at point a Clause 3 this Article, the district-level People’s Committee shall direct Division of education and training to assume the prime responsibility for, and coordinate with the relevant divisions within 20 days, inspect, verify, make dossier of dissolution in which clearly state the reason of dissolution, notify the preschool or kindergarten and report to the district-level People’s Committee.

- Within 10 working days, after receiving dossier of requesting for dissolution of preschool or kindergarten, the chairperson of district-level People’s Committee shall consider to decide on dissolution or non-dissolution applicable to such preschool or kindergarten.

d) Decision on dissolution of preschool or kindergarten must clearly state the reason of dissolution, stipulate measures to ensure rights and benefits of children, teachers, officers and employees in preschool or kindergarten; plan to handle its assets, ensure the publicity and transparence. Decision on dissolution of preschool or kindergarten must be announced publicly on means of mass media.

7. Article 12 is amended and supplemented as follows:

“Conditions and procedures for registration for establishment of baby-sitters’ groups, independent kindergartens; merging, division, separation, suspension and dissolution of babysitters’ groups, independent kindergartens

1. Organization or individual registering for establishment of babysitters’ group or independent kindergarten shall be permitted establishment by competent authority when it ensure the following conditions:

a) Satisfying need of keeping children of families;

b) Having teachers satisfying qualification as prescribed in Article 38 of this Charter;

c) Having rooms for nurturing, caring, providing education to children and equipment, utensils, toys and documents as prescribed in Article 31, Article 32 and Article 33 of this Charter.

2. The chairperson of communal People’s Committee shall grant the permit on the basis of written opinion of Division of education and training for babysitters’ group or independent kindergarten.

3. Dossier of, procedures for, process of registration for establishment of babysitters’ group or independent kindergarten:  

a) Dossier includes:

- Written request for establishment of babysitters’ group or independent kindergarten:

- Valid diplomas or certificates of teachers of such classes.

b) Procedures for and processes of registration for establishment of babysitters’ group or independent kindergarten are stipulated as follows:

- Organization or individual shall submit dossier to the communal People’s Committee.  Within 5 working days, after receiving a full and valid dossier, the communal People’s Committee shall have a written request to Division of Education and Training for checking conditions for establishment of such babysitters’ group or independent kindergarten;

- Within 10 days, Division of education and training shall consider, check practically, if it is eligible, Division of education and training shall have written opinion and send to the communal People’s Committee;

- Within 10 working days, after receiving written reply of Division of Education and Training, chairperson of the communal People’s Committee shall have a written permission for establishment. In case of refusal, chairperson of the communal People’s Committee shall send a written notice to Division of education and training and organization or individual submitted dossier about reason thereof and settlement way”.

Article 2. This Circular takes effect on February 15, 2011. The previous provisions in contravention with this Circular shall be annulled.

Article 3. The Chief of office, Director of Department of preschool education, heads of relevant units of the Ministry of Education and Training, chairpersons of provincial/municipal People’s Committees, Directors of the provincial Departments of Education and Training shall implement this Circular.