DECISION

ON ENACTING THE PRESCHOOL CHARTER

Decision No. 14/2008/QD-BGDDT dated April 07, 2008, taking effect as of May 03, 2008, of the Minister of Education and Training on enacting the Preschool Charter, is amended by the following documents:

1. The Circular No. 44/2010/TT-BGDDT dated December 30, 2010, taking effect as of February 15, 2011, of the Minister of Education and Training on amendments to certain articles of the Preschool Charter which is promulgated under the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training.

2. The Circular No. 05/2011/TT-BGDDT dated February 10, 2011, taking effect as of March 27, 2011, of the Minister of Education and Training on amendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Preschool Charter which is promulgated under the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, taking effect as of February 15, 2011, of the Minister of Education and Training on amendments to certain articles of the Preschool Charter.

3. The Circular No. 09/2015/TT-BGDDT dated May 14, 2015, taking effect as of June 26, 2015, on amendments to certain articles of the Preschool Charter is promulgated under the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011, of 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 Ministerial-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;

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At the request of the Director General of the Pre-school Education Department 1,

Article 1. The Preschool Charter is attached hereto.

Article 2. 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-BGDDT of the Minister of Education and Training dated July 20, 2000 on enacting the Preschool Charter and the Decision No. 31/2005/QD-BGDDT 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 preschools in underprivileged areas.

Article 3. Chief of the Office, the Director General of the Pre-school Education Department, the heads of relevant agencies affiliated to the Ministry of Education and Training, the Presidents of the People’s Committees of central-affiliated cities and provinces, and the Directors of Departments of Education and Training, shall be responsible for enforcing this Decision.

CERTIFICATION OF INTEGRATED DOCUMENT
PP MINISTER
DEPUTY MINISTER




Nguyen Thi Nghia

PRESCHOOL CHARTER

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Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

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

2. This Preschool Charter shall be applied to preschools and nursery schools, kindergartens, or independent preschool education groups and classes; natural and legal entities involved in preschool education activities.

Article 2. Duties and powers of preschools, nursery schools, and kindergartens, 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. 3 Encourage preschool-aged children to go to school; develop inclusive education programs for disadvantaged and disabled children; perform plan for universalization of preschool education for children aged five years. Annually, carry out the self-assessment according to standards of universalization of preschool education for children aged five years, and send reports on self-assessment results to competent authorities.

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

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

6. Liaise with children's families, and relevant entities to perform fostering, parenting and education activities.

7. Provide opportunities for managers, 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 preschools, nursery schools, kindergartens, or independent preschool education groups and classes

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

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

2. People-founded preschools, kindergartens, preschool education 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.

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

1. The People’s Committee of an urban district, a suburban district, a district-level town or a provincial city (hereinafter referred to as District-level People’s committee) shall exercise its governmental authority concerning education matter in respect of preschools and kindergartens.

2. The People’s Committee of a commune, ward or commune-level town (hereinafter referred to as Commune-level People’s committee) exercises its governmental authority concerning education matter in respect of independent preschool education groups and classes.

3. The Division of Education and Training shall provide advice to District-level People’s committee to exercises its governmental authority concerning education matter in respect of preschools, kindergartens, independent preschool education groups and classes.

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

Organization and operation of people-founded preschools, kindergartens, groups and classes; private preschools, kindergartens, groups and classes; inclusive education for disabled children, shall be subject to regulations set out in this Charter, organizational and operational regulations of people-funded preschools; organizational and operational regulations of private preschools; regulations on inclusive education for the handicapped or disabled, adopted by the Minister of Education and Training.

Chapter II

STATUS, DUTIES, ORGANIZATION AND MANAGEMENT OF NURSERY SCHOOLS, PRESCHOOLS AND KINDERGARTENS

Article 6. Status and duties of preschools and kindergartens

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2. Preschools and kindergartens 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, kindergartens; name sign of preschools and kindergartens

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

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

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

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

2. 5 The name sign of a preschool or kindergarten is designed as follows:

a) At the upper left corner

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

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Article 8. Conditions for foundation of preschools and kindergartens, and conditions for carrying out educational activities 6

1. Preschools and kindergartens shall be founded provided that they meet the following conditions:

a) Have a scheme on foundation of preschool or kindergarten in line with the local plan on economic-social development and the local plan for development of educational establishment network which have been approved by competent state agencies;

b) The scheme on foundation of preschool or kindergarten must include a clear determination of objectives, tasks, programs and contents of education; land, facilities, equipment, location expected to build school; personnel, resources and finance; strategic orientations in construction and development of preschool or kindergarten.

2. Preschools and kindergartens are allowed to carry out educational activities provided that they meet the following conditions:

a) Have decision on foundation or decision on permission to found preschool or kindergarten;

b) Have land, school building, material facilities and equipment as prescribed in Chapter IV of this Charter to meet requirements on education, maintain and develop educational activities;

c) The location to build preschool or kindergarten must meet requirements on educational environment and safety for learners, teachers and employees;

d) Have at least 03 preschool education groups or classes attended by at least 50 children per each, but have no more than 20 preschool education groups or classes;

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e) Have a contingent of qualified teachers and managers with full quantity and reasonable organizational structure to implement the preschool education program and organization of educational activities as prescribed in Article 22 and Article 24 of this Charter;

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

h) Have organizational and operational regulations of preschool or kindergarten.

Article 9. Authority to found or grant permission to found preschools or kindergartens, revoke decision on foundation or permission to found a preschool or kindergarten, grant permission to carry out educational activities, suspend educational activities, merger, divide, separate or dissolve preschools or kindergartens 7

1. Presidents of District-level People’s Committees shall grant decision on foundation of public preschools and kindergartens, or permission for foundation of people-founded or private preschools and kindergartens.

2. Heads of district Divisions of Education and Training shall grant permission to carry out educational activities or suspend educational activities of preschools and kindergartens.

3. The competent persons that found or grant permission to found preschools and kindergartens shall have the power to revoke decisions on foundation or decisions on permission found preschools and kindergartens; grant decisions on merging, division, separation and dissolution of preschools and kindergartens. The competent persons that grant permission to carry out educational activities shall have the power to suspend such educational activities.

Article 10. Application dossiers and procedures for foundation or permission for foundation of preschools and kindergartens; permission to carry out educational activities of preschools and kindergartens 8

1. Application dossiers and procedures for foundation or permission for foundation of preschools and kindergartens are composed of the followings:

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- A written request for foundation of public preschool or kindergarten made by a governing body, or that of a private preschool or kindergarten made by an organization or individual, in which, the necessity for foundation of such preschool or kindergarten; name of preschool or kindergarten; location expected to organize child care and education activities by the preschool or kindergarten must be specified;

- The scheme on foundation of preschool or kindergarten: determine the conformity of the foundation of preschool or kindergarten with the plan on economic-social development and the plan for development of educational establishment network; objectives, tasks, programs and contents of education; land, material facilities, equipment, organizational structure and personnel; resources and finance; plans and solutions for construction and development of preschool or kindergarten in each period.

In the scheme, it is necessary to clearly state the estimated total capital for implementation of plans and assurance of child care and education activities within the 03 first years from the foundation date, and that for the following years, and provide explanation about the feasibility and legality of investment sources for construction and development of preschool or kindergarten in each period;

- The document on policies on land allocation or the principle contract of land/house lease for build the head office of preschool or kindergarten with the expected leasing duration of not less than 5 (five) years;

- The draft of the master plan for construction site and preliminary design of construction works built on the land plot for preschool or kindergarten, or design of construction works (if the school building is available), which must be conformable to the scale of education and standards of area in serve of child care and education activities;

b) Procedures for foundation or permission for foundation of preschools and kindergartens are composed of the followings:

- The Commune-level People’s Committee, and the organization or individual, shall be responsible for submitting application dossiers for foundation of, respectively a public preschool or kindergarten, and a people-founded or private preschool or kindergarten, which are made as provided in Clause 1 of this Article, to the District-level People’s Committee;

- Within 20 working days from the date on which the sufficient and valid application dossiers are received, the District-level People’s Committee shall direct the Division of Education and Training and relevant specialized Divisions to give out opinions for appraisal of application dossiers and practical appraisal of conditions for foundation of preschool or kindergarten according to contents and conditions mentioned in Point a Clause 1 of this Article;

- Within a period of 15 working days from the date on which written appraisal opinions are submitted by the Division of Education and Training and relevant specialized Divisions, President of the District-level People’s Committee may grant a decision on foundation of a public preschool or kindergarten, or a permission for foundation of a private preschool or preschool kindergarten if all of the conditions mentioned in Clause 1 Article 8 hereof are satisfied. President of the District-level People’s Committee shall state reasons in writing in case of refusal to grant decision on foundation or permission for foundation.

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a) Application dossiers for permission to carry out educational activities of a preschool or kindergarten consist of:

- Certified copy of the Decision on foundation or Decision on permission to found preschool or kindergarten;

- The written request for permission to carry out educational activities;

- The detailed report on the implementation of the scheme on foundation of preschool or kindergarten. The report should clarify finished or in-progress works: conditions of land, material facilities and equipment to organize the child care and education activities, personnel and financial issues;

- The list of teachers in which teachers’ qualifications and the employment contract signed between the preschool or kindergarten and each teacher must be specified;

- The list of key managers, including principal, deputy principals, heads of specialized panels, departments and groups, in which managers’ qualifications and the employment contract signed between the preschool or kindergarten and each manager must be specified;

- The preschool education program and documents for implementing such preschool education program;

- The list of quantity of qualified classrooms, working offices, material facilities and equipment as regulated in Articles 27, 28, 29 and 30 of this Charter;

- The lawful document certifying the land-use right or lease contract for establishing the head office of preschool or kindergarten with the leasing duration of at least 5 (five) years;

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- The organizational and operational regulations and the internal expenditure rules of preschool or kindergarten.

b) Procedures for permission to carry out educational activities of preschools and kindergartens are prescribed as follows:

- Division of Education and Training shall receive and check application dossiers for permission to carry out educational activities.

- If the application dossiers are not sufficient and valid as prescribed in Point a Clause 2 of this Article, the Division of Education and Training shall request the preschool or kindergarten to make supplement. If the application dossiers are sufficient and valid as prescribed in Point a Clause 2 of this Article, the Division of Education and Training shall notify the plan for a practical appraisal carried out in the preschool or kindergarten.

Within 20 working days from the date on which the notice of plan for practical appraisal is made, the Division of Education and Training shall take charge and coordinate with relevant divisions to carry out the practical appraisal.

- If the preschool or kindergarten satisfies all of the conditions specified in Clause 2 Article 8 of this Charter, the head of district Division of Education and Training shall make a Decision on permission to carry out educational activities; if the preschool or kindergarten fails to satisfy all of the conditions specified in Clause 2 Article 8 of this Charter, the Division of Education and Training shall send a notice which states reasons thereof to the preschool or kindergarten.

Article 11. Merger, division, separation or suspension of education activities, or dissolution of preschools or kindergartens 9

1. Merger, division or separation of a preschool or kindergarten

a) Merger, division or separation of a preschool or kindergarten must conform to the following requirements:

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- Meet socio-economic development needs;

- Assure rights and benefits of children, managers, teachers and employees;

- Make a contribution to improve quality and efficiency of parenting, caring and education activities.

b) The application dossiers for merger, division or separation of preschool or kindergarten consist of:

- The scheme on merger, division or separation of preschool or kindergarten;

- The statement of the District-level People’s Committee on the request for merger, division or separation of such preschool or kindergarten;

c) Procedures for merger, division or separation of a preschool or kindergarten must comply with provisions set forth in Article 10 hereof.

2. Suspension of educational activities of preschools or kindergartens

a) Educational activities of a preschool or kindergarten shall be suspended in the event that one of the following situations occurs:

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- Fail to satisfy any of the conditions for carrying out educational activities as prescribed in Clause 2 Article 8 of this Charter;

- The permission to carry out educational activities is granted by a person ultra vires;

- Fail to carry out educational activities after obtaining the permission thereof;

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

- Other situations as regulated by laws.

b) Dossiers of suspension of educational activities of a preschool or kindergarten consist of:

- 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 the events specified in Point a this Clause;

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c) Procedures for suspension of educational activities of a preschool or kindergartens are prescribed as follows:

- When detecting that preschool or kindergarten violates one of events specified in point a of this Clause, the Division of Education and Training shall prepare dossiers for suspension and notify such preschool or kindergarten of the act of violation;

- Within 10 working days from the date on which the act of violation is known by the preschool or kindergarten, the head of Division of Education and Training shall consider whether a decision on suspension of educational activities should be granted to the preschool or kindergarten or not.

d) The decision on suspension of educational activities of that preschool or kindergarten must clearly specify reasons for such suspension, suspension period, and measures to be taken to protect rights and benefits of children, managers, teachers and employees. Such decision must be made available to the public through the mass media.

dd) When the suspension period is over, if the preschool or kindergarten mitigates causes resulting in such suspension, the head of Division of Education and Training shall consider and decide the permission for such preschool or kindergarten’s resumption of educational activities.

3. Dissolution of preschools and kindergartens

a) A preschool or kindergarten 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 kindergarten which has caused adverse impacts on child care and education quality;

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

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- Dissolve the preschool or kindergarten as duly requested by founding organizations or individuals;

b) Dossiers for dissolution consist of:

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

- The written record of inspection;

- The written request for dissolution of preschool or kindergarten made by Division of Education and Training in which reasons of request for dissolution must be specified and enclosed with evidences proving that the preschool or kindergarten violates one of three first cases leading to be dissolved as prescribed in point a Clause 3 of this Article, or the written request for dissolution made by the founding organization or individuals of the preschool or kindergarten, in which the reason of dissolution, measures to settle the lawful rights and benefits of its children, teachers, managers and employees, and the plan on handling its assets must be specified.

c) Procedures for dissolution of a preschool or kindergarten are prescribed as follows:

- The founding organization or individual of a preschool or kindergarten must submit the application dossiers for dissolution to the district people's committee.

In case of detecting or having report of agencies or relevant entities about violation of one of three first cases committed by the preschool or kindergarten leading to be dissolved as prescribed in point a Clause 3 of this Article, the District-level People’s Committee shall direct the Division of Education and Training to assume the prime responsibility and coordinate with relevant divisions to, within 20 days, inspect, verify and make dossiers of dissolution in which the reason of dissolution must be specified, notify the preschool or kindergarten and report to the District-level People’s Committee on such dissolution.

- Within 10 working days from the date on which the request for dissolution of preschool or kindergarten is received, President of District-level People’s Committee shall decide whether such preschool or kindergarten is dissolved or not.

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Article 12. Conditions and procedures for registration of independent preschool education groups or classes; merger, division, separation, suspension, dissolution or termination of independent preschool education groups or classes 10

1. The organization or individual applying for registration of independent preschool education groups or classes shall be granted the permission for foundation thereof by the competent authorities provided that they meet all of the following conditions:

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

b) Have teachers who possess qualifications as regulated in Article 38 of this Charter;

c) Have rooms for child fostering, parenting, care and education, and equipment, furniture, toys and learning materials as regulated in Article 31, Article 32 and Article 33 of this Charter.

2. President of the Commune-level People’s Committee may, on the basis of written opinions obtained from the Division of Education and Training, grant permission for operation of independent preschool education groups or classes.

3. Application dossiers and procedures for registration of independent preschool education groups or classes:

a) The application dossiers:

- The application form for foundation of an independent preschool education group or class;

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b) Procedures for registration of independent preschool education groups or classes:

- The organization or individual shall submit application to the communal people's committee. Within 05 working days from the date on which the valid application is received, the Commune-level People’s Committee shall send written request to the Division of Education and Training for inspection of conditions for foundation of independent preschool education group or class;

- Within 10 working days, Division of Education and Training shall carry out a practical inspection. If all of the regulated conditions are satisfied, a written response to the Commune-level People’s Committee;

- Within 10 working days from the date on which the written response by Division of Education and Training is received, the President of the Commune-level People’s Committee shall grant written permission for foundation of independent preschool education group or class. In case of refusal, the President of the Commune-level People’s Committee shall send a written notice of reasons thereof and settlement way to Division of Education and Training and the applicant.

4. 11 Merger, division, separation, suspension, dissolution or termination of independent preschool education groups or classes:

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

- Comply to regulations in Article 13 of this Charter.

- Assure rights and benefits of children and teachers.

- Make a contribution to improve the quality of child care and education activities.

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5. 12 Suspension of educational activities of independent preschool education groups or classes

- Educational activities of an independent preschool education group or class shall be suspended in the event that one of the following situations occurs:

+ Fail to satisfy any of the conditions prescribed in Points b and c Clause 1 of this Article;

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

- The Communal People's Committee shall cooperate with Division of Education and Training to carry out the inspection and make written record of inspection results thereof. The President of the Commune-level People’s Committee shall, on the basis of written record of inspection results, make decision on suspension of educational activities of such independent preschool education group or class. The decision on suspension of educational activities of that independent preschool education group or class must clearly specify reasons for such suspension and remedial measures. Such decision must be made available to the public through the mass media.

- During the suspension, if the organization or individual mitigates causes resulting in such suspension and submits an application for continuing educational activities, the Communal People's Committee shall cooperate with Division of Education and Training to carry out the inspection and make written record of inspection results. The President of the Communal People's Committee shall decide the permission for such independent preschool education group or class’s resumption of educational activities.

6. 13 Dissolution or termination of independent preschool education groups or classes

- An independent preschool education group or class shall be dissolved in the event that one of the following situations occurs:

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

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+ The dissolution is made at the lawful request of the founding organization or individual of such independent preschool education group or class.

- The Communal People's Committee shall cooperate with Division of Education and Training to carry out the inspection and make written record of inspection results thereof. The President of the Commune-level People’s Committee shall, on the basis of written record of inspection results, make decision on revocation of foundation permit and decision on dissolution of such independent preschool education group or class. The decision on dissolution of independent preschool education group or class must clearly specify reasons for such dissolution, measures to ensure rights and benefits of children and teachers. Such decision must be made available to the public through the mass media.

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:

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- 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 Points a, b Clause 1 of this Article, a combined group or class shall be established;

d) 14 The fact that more than two children with the same disability have to attend a preschool education group or class is impermissible. The organization of inclusive education for children with disabilities in preschools or kindergartens shall comply with regulations in the Law on Disabled People and its instructive documents.

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 kindergarten may establish its preschool groups or classes in different areas to provide chidren with more opportunities to go to school (hereinafter referred to as school subsidiaries). The Principal shall assign one Deputy Principal or one class teacher to take charge of a school subsidiary. Each preschool or kindergarten 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:

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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 kindergarten;

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

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

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

Article 16. Principal

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

2. 15 The Principal of a public preschool/ kindergarten, or a people-founded or private preschool/ kindergarten, shall be respectively subject to the appointment or accreditation by the Head of the Division of Education and Training in conformity with procedures for appointment or accreditation of principal by competent authorities.

The term of office for a Principal of preschool or kindergarten is 5 years. After expiration of his/her term of office, the Principal shall be appreciated and may be re-appointed or re-accredited. Each Principal takes charge of managing a public preschool or kindergarten up to two terms of office.

After each academic year, or each term of office, a Principal of preschool or kindergarten shall be subject to the assessment by officers and teachers in his/her preschool or kindergarten and the competent authority of his/her performance in management of operations and educational quality of his/her preschool or kindergarten as regulated.

3. The person appointed or accredited as a Pincipal of a preschool or kindergarten is required to meet the following standards:

a) Hold an two-year 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 Principal 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 kindergartens, and demonstrate his/her good health.

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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 kindergarten; 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 kindergarten 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 kindergarten; 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 kindergarten 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 Principal

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2. A first-rank preschool shall have 2 Deputy Principals; A second-rank preschool shall have 1 Deputy Principal; If there are at least 5 school subsidiaries or at least 20 disabled children, a preschool or kindergarten may assign 1 more Deputy Principal. The first or second rank of a preschool or kindergarten 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 preschool education establishments.

3. The person appointed or accredited as a Deputy Principal of a preschool or kindergarten is required to meet the following standards:

a) Hold a two-year 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 Deputy Principal 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 kindergartens, and demonstrate his/her good health.

4. Duties and powers of a Deputy Principal:

a) Assume administrative duties assigned by the Principal;

b) Manage activities of his/her preschool or kindergarten as authorized by the Principal;

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

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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, School Managing Board (including Principal and Deputy Principals), representative(s) from the Trade Union, representative(s) from the Communist Youth Union of Ho Chi Minh City, representative(s) from specialized and administrative panels.

The School Council has a Chairperson, Secretary and other members. The Chairperson of a School Council is not necessarily a preschool Principal. 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 Principal 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 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 kindergarten;

- The Principal of a preschool or kindergarten shall be responsible for implementing resolutions or conclusions of the School Council with regard to contents stipualted in Clause 3 of this Article. Where the Principal 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 Principal must obey that resolution or conclusion of the School Council with respect to any matter which is not inconsistent with applicable laws and Preschool Charter.

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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 kindergarten, and send a report thereof to the Division of Education and Training for submission. 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 School Council and its Chairperson shall be accredited by the Head of Division of Education and Training.

The term of a School Council is 5 years. Every year, if there is any change to personnel, the Principal shall submit a written request to the competent authority for its approval on provision of additional personnel 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 kindergarten; recommend a person for appointment as a preschool Principal at the competent authority’s request;

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

4. Functions, duties, powers, composition, organizational structure, establishment procedures and operational regulations of a Management Council for a people-founded or private preschool or kindergarten 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 Principal in the beginning of each academic year. The Principal is the Chairperson of the Emulation and Reward Council. Council members include the Deputy Principal, 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.

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

2. Whenever necessary, the Principal may establish Advisory Councils assisting the Principal 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 Principal's regulations.

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

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

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

Article 21. Asset and financial management

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

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

Chapter III

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Article 22. Education program, plan for education program execution

1. A preschool, kindergarten, 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 kindergarten must be tailor-made and pay attention to their respective ability as well as comply with regulatiosn 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, kindergarten, or independent preschool education group or class, shall comply with regulations adopted by the Ministry of Education and Training.

2. A preschool, kindergarten, 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.

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

4. Inclusive education for disabled children in a preschool or kindergarten 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;

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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.

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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 IV

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

Section 1: PROPERTY OF PRESCHOOLS, NURSERY SCHOOLS, KINDERGARTENS

Article 27. Preschools, kindergartens

1. Preschools or kindergartens 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 kindergartens: 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. 19 The size of land lot for construction of a preschool or kindergarten 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 midland areas; 8 m² per each child in respect of those located in municipal, district-level town and mountain areas.

In areas where difficulties on land arise, the floor area can replace for the land usable area provided that the statutory area are ensured. The District-level People’s Committee shall be responsible for preparing the plan for utilization of replaced area which must be approved by the Provincial People’s Committee.

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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 with disabilities 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;

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- 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;

- Principal’s room;

- Deputy Principal's room;

- Administrative office;

- Medical room;

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- Staff room;

- Restroom area for teachers, managers and employees;

- Parking space for teachers, managers 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;

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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. 20 Restroom: The room size must be 0.4 – 0.6 m² per a child; with regard to preschoolers, the separate male and female restroom should be available. The restroom must be near the social hall, convenient for use and ensure teachers’ easy observation. The restroom is equipped with the followings:

- Kindergarteners: hand-wash water taps, potty chairs, gutters or toilet seats for children aged from 24 to 36 months, showers, covered water pools or tanks.

- Preschoolers: hand-wash water taps, urinating and stooling areas for male and female preschoolers, showers, covered water pools or tanks.

4. 21 Playground area: The area size is 0.5 – 0.7 m² per a child with not less than 2.1m in breadth and protective handrails that have 0.8 – 1m in height and are made of vertical railings and the space between the railings must be smaller than 0.1m.

Article 29. Kitchen

1. The kitchen size is 0.3 – 0.35 m² 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.

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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, toys, items and materials

1. Preschools or kindergartens 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 kindergartens 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 kindergartens must set the schedule for maintenance, repair, replacement, additional provision and upgradation of equipment, useful items, toys and materials.

Section 2: PROPERTY OF INDEPENDENT PRESCHOOL EDUCATION GROUPS OR CLASSES

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

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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 area 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 usefull 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

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2. Have a minimum of usefull 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 V

TEACHERS AND EMPLOYEES

Article 34. Teachers and employees

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

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

Article 35. Teacher’s duties

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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 acitivities held by their specialized panels, preschools, kindergartens, 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 Principal.

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

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

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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 Principal.

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

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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;

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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 seriosity of such violation, be subject to disciplinary actions in accordance with laws and regulations.

Chapter VI

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Article 42. Age and health conditions of preschool children

1. Children aged from 3 months to 6 years shall be eligible to have access to preschools, kindergartens, 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.

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

2. Speak politely, exhibit respectful bahaviors 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 for their own, 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 commiting faults shall receive warnings from teachers who will then hold discussion with their families about this.

Chapter VII

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

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1. Preschools, kindergartens 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 regular health examination for children attending preschools, kindergartens, 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, kindergartens, 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 kindergartens in order to make necessary contributions to improving child parenting, care and education quality.

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

1. Preschools and kindergartens 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.

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1 The Circular No. 44/2010/TT-BGDDT on amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training is promulgated in conformity with the following grounds:

 “Pursuant to the Law on education dated June 14, 2005; The Law dated November 25, 2009 on amendments to certain articles of 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 and Ministerial-level agencies;

Pursuant to the Government's Decree No. 32/2008/ND-CP dated July 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 elaborating and providing guidance on the implementation of a number of articles of the Law on Education;

At the request of the Director General of the Preschool Education Department,

The Minister of Education and Training makes decision:”

The Circular No. 05/2011/TT-BGDDT on amendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010 of the Minister of Education and Training on amendments to certain articles of the Preschool Charter is promulgated in conformity with the following grounds:

 “Pursuant to the Law on education dated June 14, 2005; The Law dated November 25, 2009 on amendments to certain articles of the the Law on education;

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Pursuant to the Government's Decree No. 32/2008/ND-CP dated July 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 elaborating and providing guidance on the implementation of a number of articles of the Law on Education;

Pursuant to the Government's Decree No. 115/2010/ND-CP dated December 24, 2010 providing for state management duties in education;

At the request of the Director General of the Preschool Education Department,

The Minister of Education and Training makes decision:”

The Circular No. 09/2015/TT-BGDDT on amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011, of the Minister of Education and Training is promulgated in conformity with the following grounds:

 “Pursuant to the Law on education dated June 14, 2005; The Law dated November 25, 2009 on amendments to certain articles of the the Law on education;

Pursuant to the Government's Decree No. 32/2008/ND-CP dated July 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 elaborating and providing guidance on the implementation of a number of articles of the Law on Education; the Government's Decree No. 31/2011/ND-CP dated May 11, 2011 providing for amendments to certain articles of 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; the Government's Decree No. 07/2013/ND-CP dated January 09, 2013 providing for amendments to Point b Clause 13 Article 1 of the Government's Decree No. 31/2011/ND-CP dated May 11, 2011 providing for amendments to certain articles of 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;

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At the request of the Director General of the Preschool Education Department,

The Minister of Education and Training promulgates a Circular on amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011, of the Minister of Education and Training”.

2 Clause 2 and Clause 3 of the Circular No. 44/2010/TT-BGDDT, providing for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, come into force as of February 15, 2011 and provide for the following detailed regulations:

 “Article 2. This Circular takes effect as of February 15, 2011. Previous regulations which are contrary to this Circular shall be annulled.

Article 3. Chief of the Office, the Director General of the Pre-school Education Department, the heads of relevant agencies affiliated to the Ministry of Education and Training, the Presidents of the People’s Committees of central-affiliated cities and provinces, and the Directors of Departments of Education and Training, shall be responsible for enforcing this Decision./.”

Clause 2 and Clause 3 of the Circular No. 05/2011/TT-BGDDT, providing for amendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Statutes of Nursery Schools which are promulgated under the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010 of the Minister of Education and Training on amendments to certain articles of the Preschool Charter, come into force as of March 27, 2011 and provide for the following detailed regulations:

 “Article 2. This Circular takes effect as of March 27, 2011. Previous regulations which are contrary to this Circular shall be annulled.

Article 3. Chief of the Office, the Director General of the Pre-school Education Department, the heads of relevant agencies affiliated to the Ministry of Education and Training, the Presidents of the People’s Committees of central-affiliated cities and provinces, and the Directors of Departments of Education and Training, shall be responsible for enforcing this Decision./.”

Clause 2 and Clause 3 of the Circular No. 09/2015/TT-BGDDT, providing for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011, of the Minister of Education and Training, come into force as of June 26, 2015 and provide for the following detailed regulations:

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Article 3. Implementation

Chief of the Office, the Director General of the Pre-school Education Department, the heads of relevant agencies affiliated to the Ministry of Education and Training, the Presidents of the People’s Committees of central-affiliated cities and provinces, and the Directors of Departments of Education and Training, shall be responsible for enforcing this Decision./.”

3 This Clause is amended in accordance with regulations in Clause 1 Article 1 of the Circular No. 44/2010/TT-BGDDT which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and takes effect as of February 15, 2011.

4 This Article is amended in accordance with regulations in Clause 1 Article 1 of the Circular No. 09/2015/TT-BGDDT dated May 14, 2015 of the Minister of Education and Training, which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 of the Minister of Education and Training, and takes effect as of June 26, 2015.

5 This Clause is amended in accordance with regulations in Clause 2 Article 1 of the Circular No. 44/2010/TT-BGDDT which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and takes effect as of February 15, 2011.

6 This Clause is amended in accordance with regulations in Clause 3 Article 1 of the Circular No. 44/2010/TT-BGDDT which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and takes effect as of February 15, 2011.

7 This Clause is amended in accordance with regulations in Clause 4 Article 1 of the Circular No. 44/2010/TT-BGDDT which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and takes effect as of February 15, 2011.

8 This Clause is amended in accordance with regulations in Clause 5 Article 1 of the Circular No. 44/2010/TT-BGDDT which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and takes effect as of February 15, 2011.

9 This Clause is amended in accordance with regulations in Clause 6 Article 1 of the Circular No. 44/2010/TT-BGDDT which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and takes effect as of February 15, 2011.

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11 This Clause is amended in accordance with regulations in Clause 2 Article 1 of the Circular No. 09/2015/TT-BGDDT, which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 of the Minister of Education and Training, and comes into force as of June 26, 2015.

12 This Clause is amended in accordance with regulations in Clause 2 Article 1 of the Circular No. 09/2015/TT-BGDDT, which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 of the Minister of Education and Training, and comes into force as of June 26, 2015.

13 This Clause is amended in accordance with regulations in Clause 2 Article 1 of the Circular No. 09/2015/TT-BGDDT, which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 of the Minister of Education and Training, and comes into force as of June 26, 2015.

14 This Clause is amended in accordance with regulations in Clause 1 Article 1 of Circular No. 05/2011/TT-BGDDT which provides for amendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010 of the Minister of Education and Training on amendments to certain articles of the Preschool Charter, and comes into force as of March 27, 2011.

15 This Clause is amended in accordance with regulations in Clause 1 Article 1 of Circular No. 05/2011/TT-BGDDT which provides for amendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010 of the Minister of Education and Training on amendments to certain articles of the Preschool Charter, and comes into force as of March 27, 2011.

16 This Clause is amended in accordance with regulations in Clause 3 Article 1 of Circular No. 05/2011/TT-BGDDT which provides for amendments to Point d Clause 1 Article 13; Clause 3 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010 of the Minister of Education and Training on amendments to certain articles of the Preschool Charter, and comes into force as of March 27, 2011.

17 This Clause is amended in accordance with regulations in Clause 4 Article 1 of Circular No. 05/2011/TT-BGDDT which provides for amendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010 of the Minister of Education and Training on amendments to certain articles of the Preschool Charter, and comes into force as of March 27, 2011.

18 This Clause is amended in accordance with regulations in Clause 3 Article 1 of the Circular No. 09/2015/TT-BGDDT, which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 of the Minister of Education and Training, and comes into force as of June 26, 2015.

19 This Clause is amended in accordance with regulations in Clause 4 Article 1 of the Circular No. 09/2015/TT-BGDDT, which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 of the Minister of Education and Training, and comes into force as of June 26, 2015.

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21 This Clause is amended in accordance with regulations in Clause 5 Article 1 of the Circular No. 09/2015/TT-BGDDT, which provides for amendments to certain articles of the Preschool Charter which is enclosed to the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, and the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 of the Minister of Education and Training, and comes into force as of June 26, 2015.