Decree No. 135/2018/ND-CP dated October 04, 2018 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 on providing regulations on conditions for investment and operation in the field of education

DECREE

On amending and supplementing a number of articles of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 on providing regulations on conditions for investment and operation in the field of education

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on amending and supplementing Article 6 and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment of the Law on Investment dated November 22, 2016;

Pursuant to the Law on Vocational Education dated November 27, 2014;

At the proposal of the Minister of Education and Training;

The Government hereby promulgates the Decree on amending and supplementing a number of articles of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 on providing regulations on conditions for investment and operation in the field of education.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 on providing regulations on conditions for investment and operation in the field of education (hereinafter referred to as the Decree No. 46/2017/ND-CP) as follows:

1. To amend and supplement Point b, Clause 2, Points b and c, Clause 3, Article 4 as follows:

“2. A dossier comprises:

b) A scheme for establishment of a pre-primary school, early childhood school or nursery school;

3. Implementation procedures:

b) Within 05 working days from the date on which the valid dossier is received, the district-level People’s Committee shall be responsible for directing the Division of Education and Training to organize to appraise conditions for establishment of a pre-primary school, early childhood school or nursery school. Within 15 working days, the Division of Education and Training shall assume the prime responsibility for and coordinate with specialized divisions to submit the appraisal opinions to the district-level People’s Committee;

c) Within the 05 working days from the date on which the Division of Education and Training and relevant specialized divisions’ written appraisal opinions are received, if all prescribed conditions are met, the Chairperson of the district-level People’s Committee shall issue a decision on establishment; in case of failure to meet the conditions as prescribed, the Chairperson of the district-level People’s Committee shall send a written response in which reasons for refusal should be clearly stated.”

2. To amend and supplement Point a, Point b, and the fifth dash of Point d, Clause 2, Article 5 as follows:

“a) The pre-primary school, early childhood school or nursery school must be located within the precincts of a residential zone; ensure compliance with regulations on safety and environmental hygiene;

b) Area of construction land includes: Construction area; playground area; green area and roads. The average area of project site must be at least 12 m² per a child in lowland, delta and midland regions (except towns and cities); 08 m² per a child in municipal, urban, mountainous regions and islands;

d) Structure of the building block includes:

- Playground, including: Playground for a group or class; the general playground for all children.”

3. To amend and supplement Clause 2, Points c and d, Clause 3, Article 6 as follows:

“2. A dossier comprises:

a) A written request for the license to carry out educational operations;

b) A copy issued from the original record; certified true copy from the original or a copy attached to the original for comparison of the decision on establishment or the decision on permit establishing a pre-primary school, early childhood school or nursery school;

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