Integrated Document No. 04/VBHN-BGDDT dated December 24, 2015 of the Ministry of Education and Training integrates the Decisions on enacting the preschool charter

THE MINISTRY OF EDUCATION AND TRAINING

Integrated Document No. 04/VBHN-BGDDT dated December 24, 2015 of the Ministry of Education and Training integrates the Decisions onenacting thepreschool charter

Decision No. 14/2008/QD-BGDDTdatedApril07, 2008, taking effect as of May 03, 2008,of the Ministerof Education and Trainingon enacting the Preschool Charter, is amended by the following documents:

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

2. The Circular No. 05/2011/TT-BGDDTdated February 10, 2011,taking effect as ofMarch 27, 2011,of the Minister of Education and Training onamendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 ofthePreschool Charterwhichispromulgated under the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at theCircular 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 thePreschool Charter.

3. The Circular No. 09/2015/TT-BGDDT datedMay 14, 2015, taking effect as ofJune 26, 2015, on amendments to certain articles of thePreschool Charter ispromulgated under the Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Training, and amended at theCircular No. 44/2010/TT-BGDDT dated December 30, 2010,and theCircular No. 05/2011/TT-BGDDTdated 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-levelagencies;

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;

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;

Atthe request of the DirectorGeneralof thePre-schoolEducation Department1,

Article 1.To attach the Preschool Charter with this.

Article 2.2This Decision takes effect 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 implement this Decision.

Certification of the Integrated Document

For the Minister

The Deputy Minister

Nguyen Thi Nghia

PRESCHOOL CHARTER

(Attached to Decision on enacting the Preschool Charter)

ChapterI

GENERAL PROVISIONS

Article 1. Scopeof adjustment and subject of application

1. ThePreschool Charterprovidesfor 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 Chartershall 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.

2.3Encourage 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.

4. Mobilize, administer and utilize various resources in accordance with laws.

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

6. Liaise with children s families,and relevant entitiesto 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.

3. Private preschools, kindergartens, preschool education groups and classes shall be establishedby social organizations, social-professional organizations, enterprises or individuals, equipped with facilities and provided with operating funds derived from nonstate budget.

Article 4. Delegation of authority over preschools, kindergartens, independent preschool education groups and classes4

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 shallprovide 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 inthis Charter, organizational and operationalregulationsof people-fundedpreschools; organizational and operationalregulationsof privatepreschools;regulations oninclusive education for the handicapped or disabled, adopted by the Minister of Education and Training.

ChapterII

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

Article 6. Status and duties of preschools and kindergartens

1. Preschools and kindergartens must have the legal status, their own accounts and seals.

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 apreschool 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.

2.5The 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;

- The second line: The Division of Education and Training.

Article 8. Conditions for foundation of preschools and kindergartens, and conditions for carrying out educational activities6

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

a) Have ascheme onfoundationof preschool or kindergarten in line with thelocalplan on economic-social development and the local planfor development ofeducationalestablishmentnetworkwhich have been approved by competent state agencies;

b)The scheme onfoundationof preschool or kindergarten mustinclude a clear determination ofobjectives, tasks, programs and contentsof education; land, facilities, equipment, location expected to build school;personnel,resourcesand finance; strategic orientations in construction and development of preschool or kindergarten.

2. Preschools andkindergartens are allowed to carry out educational activitiesprovided that they meet the following conditions:

a)Havedecision onfoundationor decision on permission tofoundpreschool or kindergarten;

b) Haveland,school building, material facilitiesandequipment as prescribed in Chapter IV ofthis Charterto meet requirementson education, maintain and develop educationalactivities;

c) The location to build preschool or kindergartenmust meet requirements on educationalenvironmentandsafety 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;

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

e) Havea contingent ofqualifiedteachersandmanagers with full quantityandreasonableorganizationalstructureto implementthe preschool education program and organization of educational activities as prescribed in Article 22andArticle 24 of this Charter;

g) Haveadequatefinancial resource as prescribed to ensure the maintenance and development of educational activities;

h) Haveorganizational and operationalregulations ofpreschool or kindergarten.

3. Within 02 (two) years, if a preschool or kindergarten hassatisfied allconditions as prescribed at Clause 2 this Article, it is allowed tocarry out educational activities.

Overthe prescribed duration, ifa preschool or kindergarten fails to meet conditions for carrying out educational activities, decision onfoundationor permit to foundpreschool or kindergarten shall be revoked.

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 kindergartens7

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 shallgrant permission to carry outeducational activities orsuspendeducational activities of preschoolsandkindergartens.

3.The competent persons that foundorgrant permission to foundpreschools and kindergartens shall havethe powerto revoke decisions onfoundationordecisions onpermissionfoundpreschools and kindergartens;grant decisions onmerging, division, separation and dissolution of preschools and kindergartens.The competent persons thatgrant permission to carry out educational activitiesshall have the power to suspend sucheducational 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 kindergartens8

1. Application dossiersand proceduresfor foundation or permission for foundation of preschools andkindergartensare composed of the followings:

a)Application dossiers for foundation or permission for foundation ofapreschoolor a kindergarten consist of:

- A written request for foundation ofpublicpreschool or kindergartenmade by a governing body, or that of a privatepreschool or kindergartenmade by an organization or individual, in which, the necessity for foundation of such preschool or kindergarten;name of preschool or kindergarten; location expected toorganize child careand educationactivities by thepreschool or kindergartenmust be specified;

- The scheme on foundation of preschool or kindergarten: determine the conformity of the foundation ofpreschool or kindergartenwith the plan oneconomic-social developmentand theplanfor development ofeducationalestablishmentnetwork; objectives, tasks, programs and contents of education; land, material facilities, equipment,organizational structure and personnel;resources and finance; plans and solutionsforconstruction and development of preschool or kindergarten in each period.

Inthescheme, it is necessary to clearly state the estimated total capital for implementation of plans and assurance ofchild care and education activitieswithinthe 03 first yearsfrom the foundation date,andthat for the followingyears,and provideexplanationaboutthe feasibility and legality of investment sources for construction and development of preschool or kindergarten in each period;

-The document onpolicieson land allocation or the principle contract of land/house lease for build the head office ofpreschool or kindergarten with the expectedleasingduration of not less than 5 (five) years;

-The draft ofthemaster planfor construction siteand preliminary design ofconstructionworks built onthelandplotfor preschool or kindergarten,or design ofconstructionworks (ifthe school building isavailable),which must be conformable to thescale of education and standardsof area in serve ofchild 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, andthe organization or individual, shall be responsible forsubmittingapplication dossiers for foundation of, respectively a public preschool orkindergarten, and a people-founded or private preschool orkindergarten,which are madeas provided in Clause 1 of this Article, to the District-level People’s Committee;

- Within 20 working daysfrom the date on which the sufficientand validapplicationdossiers are received, the District-level People’s Committee shall directtheDivision of Education and Training and relevant specializedDivisions to give out opinions for appraisal ofapplicationdossiersand practical appraisal of conditions forfoundationof preschool or kindergarten according to contentsand conditionsmentioned inPoint a Clause 1 of this Article;

- Within a period of15 working daysfrom the date on which written appraisal opinions are submitted by theDivision of Education and Training and relevant specializedDivisions,President ofthe District-level People’s Committee may grant a decision on foundation of a public preschool orkindergarten, or a permission for foundation of a private preschool or preschoolkindergarten if all of the conditions mentioned in Clause 1 Article 8 hereof are satisfied.President ofthe District-level People’s Committeeshall state reasons in writing in case of refusal to grantdecision on foundationorpermission for foundation.

2. Application dossiers and procedures for permissionto carry out educational activities ofpreschools and kindergartens are composed of the followings:

a)Application dossiers for permission to carry out educational activities ofapreschoolorkindergartenconsist of:

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

-The written requestfor permission to carry out educational activities;

-The detailed report on the implementation of the scheme on foundation of preschool or kindergarten.The report should clarifyfinished or in-progressworks:conditions of land, material facilitiesandequipmentto organize the child care and education activities, personnel and financial issues;

-The list of teachersin whichteachers’qualifications and the employmentcontract signed between the preschool or kindergarten and each teachermust be specified;

- The list ofkeymanagers,including principal, deputy principals, heads of specializedpanels, departmentsandgroups,in whichmanagers’qualifications and the employmentcontract signed between the preschool or kindergarten and eachmanager must be specified;

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

- The list of quantity ofqualifiedclassrooms, working offices, material facilities and equipmentas regulatedin Articles 27, 28, 29 and 30 of this Charter;

-The lawful document certifying the land-use right orleasecontractfor establishing thehead office of preschool or kindergartenwith the leasing duration ofat least 5 (five) years;

- Lawful documents certifying the existing amounts whichare legal amounts,managed bythepreschool or kindergarten,andonly be usedto makeinvestmentinpreschool or kindergarten andcoverexpenditure for regular activities of preschool or kindergarten;theplan to mobilize capital and balance capital in next time in order tomaintain stableactivities of preschool or kindergarten during 5 years, since the preschool or kindergarten is allowedto carry out the enrolment.

-Theorganizational and operationalregulations and the internal expenditure rulesof preschool or kindergarten.

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

- Division of Education and Training shall receive andcheck applicationdossiersfor permissionto carry outeducational activities.

-If the application dossiers are not sufficient and valid as prescribed in Point a Clause 2 of this Article, theDivision of Education and Training shallrequest 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 shallnotify the plan for a practical appraisal carried out in the preschool or kindergarten.

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

- If the preschool or kindergarten satisfiesall of theconditions specifiedinClause 2 Article 8 of this Charter, the head of district Division of Education and Training shallmake aDecision on permissionto carry out educational activities; ifthepreschool or kindergartenfails to satisfy all of theconditions specifiedinClause 2 Article 8 of this Charter, the Division of Education and Training shallsend a notice which states reasons thereof to thepreschool or kindergarten.

Article 11. Merger, division, separation or suspension of education activities, or dissolution of preschools or kindergartens9

1. Merger, division orseparationof a preschool orkindergarten

a) Merger, division orseparationof a preschool orkindergartenmust conform to the following requirements:

- Correspond to the planfor development ofeducationalestablishmentnetwork;

- Meet socio-economic development needs;

- Assure rights and benefits ofchildren, managers, teachers and employees;

- Make a contribution to improvequality and efficiency of parenting, caring and educationactivities.

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

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

-The statementof the District-level People’s Committeeon therequestfor merger, division or separationof such preschool orkindergarten;

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

2. Suspension ofeducational activitiesof preschools orkindergartens

a)Educational activitiesofapreschool orkindergarten shall besuspended in the event that one of the following situations occurs:

- Commit fraud acts forobtainingpermission to carry out educational activities;

-Fail to satisfy any of theconditionsfor carrying out educational activitiesas prescribedinClause2Article8 of this Charter;

-The permission to carry out educational activitiesis granted by a personultra 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 inthesuspension;

-Other situations as regulated bylaws.

b) Dossiers of suspension of educational activities ofapreschool or kindergartenconsist of:

-Decisionon 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 ofthe eventsspecifiedinPoint a this Clause;

- The planfor ensuringlawful rights and benefits of children, teachers,managersand employees of preschool or kindergarten.

c) Procedures forsuspension ofeducational activities ofapreschoolorkindergartens are prescribed as follows:

- When detecting that preschool or kindergarten violates one ofeventsspecifiedinpoint aofthis Clause,theDivision of Education and Training shallprepare dossiers for suspensionand notify such preschool or kindergartenof the act ofviolation;

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

d)The decision on suspension ofeducational activitiesof that preschool orkindergartenmust clearly specify reasons for such suspension,suspensionperiod, andmeasures to be taken to protect rights andbenefitsof children,managers,teachers and employees. Such decision must be made available to the public throughthemass media.

dd)When thesuspensionperiod is over, ifthepreschool or kindergartenmitigates causes resulting in suchsuspension, the head of Division of Education and Training shall consideranddecidethepermissionfor suchpreschool or kindergarten’s resumption of educational activities.

3. Dissolution of preschools andkindergartens

a) A preschool orkindergartenis 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 orkindergartenwhich has causedadverseimpacts on child care and education quality;

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

- Realize that objectives and operational scope referred to in the decision on foundation or permission for foundation of such preschool orkindergartenno longer meet socio-economic development needs;

-Dissolve the preschool or kindergartenas duly requested by foundingorganizations or individuals;

b)Dossiersfordissolution consist of:

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

- The written record of inspection;

-Thewritten request for dissolution of preschool or kindergarten made by Division of Education and Training in which reasonsof request for dissolutionmust be specified andenclosed with evidences proving thatthepreschool or kindergarten violates one of three first cases leading to be dissolved as prescribedinpoint a Clause 3ofthis Article,orthewritten request for dissolution made bythe founding organization or individuals of thepreschool or kindergarten, in whichthereason of dissolution, measures to settle the lawful rights and benefits of its children, teachers,managersand employees, and theplan on handling its assetsmust be specified.

c) Procedures fordissolutionof 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 agenciesor relevant entitiesabout violation of one of three first casescommittedbythepreschool or kindergarten leading to be dissolved as prescribedinpoint a Clause 3ofthis Article, the District-level People’s Committee shall directtheDivision of Education and Training to assume the prime responsibility and coordinate with relevant divisionsto,within 20 days, inspect, verifyandmake dossiersof dissolution in which the reason of dissolutionmust be specified, notify the preschool or kindergarten and report to the District-level People’s Committeeon such dissolution.

- Within 10 working daysfrom the date on which the request for dissolution of preschool or kindergarten is received,Presidentof District-level People’s Committee shalldecide whether such preschool or kindergarten is dissolved or not.

d) The decision ondissolution ofpreschool or kindergarten must clearly specify reasons for suchdissolution, measures to ensure rights and benefits of children, teachers,managersand employees in preschool or kindergartenand methods of settling assets of preschool or kindergarten for ensuring the transparency.Such decision must be made available to the public throughthemass media.

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 classes10

1.The organization or individualapplying for registration ofindependentpreschool education groups or classes shall be granted the permission for foundation thereof by the competent authoritiesprovided that they meetall ofthe following conditions:

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

b) Haveteachers who possess qualifications as regulatedin Article 38of this Charter;

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

2.Presidentofthe Commune-level People’sCommittee may, on the basis ofwritten 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 foundationofanindependent preschool education group or class;

-The valid qualification or certificate of the recommended teacher thereof.

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

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

- Within10working days,Division of Education and Trainingshall carry out a practical inspection. If all of the regulated conditions are satisfied, a written response to the Commune-level People’sCommittee;

- Within 10 working daysfrom the date on which the written response by Division of Education and Trainingis received,the Presidentof the Commune-level People’s Committee shallgrantwritten permission forfoundation ofindependent preschool education group or class.In case of refusal,the Presidentof the Commune-level People’s Committee shall send a written noticeof reasons thereof and settlement wayto Division of Education and Training andthe applicant.

4.11Merger, division, separation, suspension, dissolution or termination of independent preschool education groups or classes:

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

-Comply to regulationsin Article 13 of this Charter.

- Assure rights and benefits of childrenandteachers.

- Make a contribution to improve thequality ofchild careand educationactivities.

b)Authorityand procedures for merger, division orseparationof independent preschool education groups or classes for the purpose of foundingthenew ones must comply with regulations set out inClause 3 of thisArticle; and those forthe purpose of foundingpreschools or kindergartens shallcomply with regulations set out in Article9 andArticle10 of this Charter.

5.12Suspensionof educational activitiesof independent preschool education groups or classes

- Educational activities of anindependent preschool educationgroup or classshall be suspended in the event that one of the following situations occurs:

+Fail to satisfy any of the conditions prescribed inPoints b and cClause1 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 CommunalPeople s Committeeshall cooperate withDivision of Education and Trainingto carry out the inspection and make written record of inspection results thereof. The Presidentof the Commune-level People’s Committee shall, on the basis of written record of inspection results, make decision on suspension of educational activities ofsuchindependent preschool educationgroup or class.The decision on suspension of educational activities of that independent preschool educationgroup or classmust clearly specify reasons for such suspensionand remedial measures. Such decision must be made available to the public throughthemass media.

-During the suspension, if the organization or individual mitigates causes resulting in such suspension and submits an application for continuing educational activities, the CommunalPeople s Committeeshall cooperate withDivision of Education and Trainingto carry out the inspection and make written record of inspection results. The President of the CommunalPeople s Committeeshall decide the permission for suchindependent preschool educationgroup or class’s resumption of educational activities.

6.13Dissolution or termination of independent preschool education groups or classes

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

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

+Commit serious violations against regulations concerning organizationandoperation;

+ The dissolution is made at the lawful request of thefounding organization or individual ofsuchindependent preschool education group or class.

- The Communal People s Committee shall cooperate with Division of Education and Training to carry out the inspection and makewrittenrecord 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 onrevocation of foundation permit and decision on dissolution ofsuch 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 childrenandteachers. 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:

- A preschool education class attended by children aged 3-4 years: 25 children.

- 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 Pointsa, b Clause 1 of this Article, a combined group or classshall be established;

d)14The fact thatmore thantwo 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 orkindergartenmay establish its preschool groupsor classesin different areas to provide chidren with more opportunities to go to school (hereinafter referred to as school subsidiaries). The Principalshall assign oneDeputy Principalor one class teacher to take charge of a school subsidiary. Each preschool orkindergartenshall 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:

a) Set the schedule of its activities by academic weeks, months or years for execution of child fostering, care and education programs or plans and other educational activities;

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 orkindergarten;

c) Participate in assessment and ranking of teachers in conformity with the Professional Standards forpreschoolteachers;

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 orkindergarten;

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

c) Hold refresher and professional improvement courses, inspect and assess quality and performance of its members in accordance with the plan of a preschool or preschool education establishment;

d) Participate in assessment and ranking of its members.

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

Article 16. Principal

1. The Principalof a preschool orkindergartenis responsible for conducting and managing activities and child fostering, care and education quality of his/her preschool orkindergarten.

2.15The Principalof a public preschool/ kindergarten, or apeople-founded or private preschool/ kindergarten,shall berespectivelysubject to the appointmentor accreditationby the Head of the Division of Education and Trainingin 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 kindergartenshall be subject totheassessmentby officers and teachers in his/her preschool or kindergarten and the competent authorityof his/her performance in management of operations and educational quality of his/her preschool orkindergarten as regulated.

3. The person appointed or accredited as a Pincipalof a preschool orkindergartenis required to meet the following standards:

a) Hold antwo-year associate degreein 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 Principalmay 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 orkindergartens, and demonstrate his/her good health.

4. Duties and powers of a Principal

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 orkindergarten; 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 orkindergartenin an effective manner;

dd) Accept children, manage children and activities such as fostering, parenting, caring for and educating children in his/her preschool orkindergarten; 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 orkindergartenin 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

1.16TheDeputyPrincipal 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 ofdeputyprincipalsby competent authorities.The Deputy Principal shall assist the Principal, and assume responsibility thereof before the Principal and the law.

2. A first-rank preschool shall have 2Deputy Principals; A second-rank preschool shall have 1Deputy Principal; If there are at least 5 school subsidiaries or at least 20 disabled children, a preschool orkindergartenmay assign 1 moreDeputy Principal. The first or second rank of a preschool orkindergartenshall be provided for in theJointCircular 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 publicpreschool education establishments.

3. The person appointed or accredited as aDeputy Principalof a preschool orkindergartenis required to meet the following standards:

a) Hold atwo-yearassociate 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 aDeputy Principalmay 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 orkindergartens, and demonstrate his/her good health.

4. Duties and powers of aDeputy Principal:

a) Assume administrative duties assigned by thePrincipal;

b) Manage activities of his/her preschool orkindergartenas authorized by thePrincipal;

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

1. School Council and Management Council shall, respectively for public preschools orkindergartens, and people-founded or private ones, be generally called School Council. The School Council shall be responsible for making decisions on the aims and objectives of operations of preschools orkindergartens, and mobilize and supervise utilization of resouces meant for them, and connect them with community and society, and ensure all educational objectives are met.

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 ManagingBoard (includingPrincipalandDeputy 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 preschoolPrincipal.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 Principalor 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 orestablishment. 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 orkindergarten;

- The Principalof a preschool orkindergartenshall be responsible for implementing resolutions or conclusions of the School Council with regard to contents stipualted in Clause 3 of this Article. Where the Principaldisagrees 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 Principalmust obey that resolution or conclusion of the School Council with respect to any matter which is not inconsistent with applicable laws andPreschool Charter.

c)17Establishment procedures:

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 preschoolor kindergarten, and send areport thereofto 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 Principalshall submit a written request to the competent authority for itsapprovalon 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 orkindergarten; recommend a person for appointment as a preschool Principalat the competent authority’s request;

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

4. Functions, duties, powers, composition, organizational structure, establishment procedures and operational regulations of a Management Council forapeople-foundedorprivate preschool orkindergartenshall 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 Principalin the beginning of each academic year. The Principalis the Chairperson of the Emulation and Reward Council. Council members include theDeputyPrincipal, 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.

The Emulation and Reward Council shall assist the Principalin organizing emulative movements and proposing the list ofmanagers, teachers, employees and children deserving of awards in a preschool orkindergarten.

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

2. Whenever necessary, the Principalmay establish Advisory Councils assisting the Principalin 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 orkindergarten

1. Vietnam Communist Party organizations in a preschool shall play its role as a leader of that preschool orkindergarten, and operate under the Constitution, laws and Communist Party sCharter.

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

Article 21. Asset and financial management

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

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

Chapter III

CHILD FOSTERING, PARENTING, CARE AND EDUCATION PROGRAMS AND ACTIVITIES

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 orkindergartenmust 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.

2. Child fostering and parenting activities include nutritional care, sleep care; sanitary care; health care and safety assurance.

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

4. Inclusive education for disabled children in a preschool orkindergartenshall 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;

dd) Documents and communications records;

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.

2.18Check the height and weight of childrenunder 24 months old, record results thereof and monitor the child development diagram on a monthly basis;carry out the same forchildren above 24 months old on a quarterly basis.

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 orkindergartensmust 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 orkindergartens: 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.

3.19The 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 m²per each child in respect of those located inrural and midlandareas; 8 m²per each child in respect of those located in municipal,district-level townand mountainareas.

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.

4. A preschool orkindergartenmust be surrounded by brick, wooden, bamboo or metal walls or fenced by trimmed trees.At the main gate of a preschoolorkindergarten, a name sign thereof must be placed in accordance with Article 7 hereof.

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.

- Childrenwith disabilitiesshall 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;

- Restroom;

- 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 sroom;

- Administrative office;

- Medical room;

- Guard room;

- Staff room;

- Restroom area for teachers,managersand 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 m²per 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;

- Lights and fans.

2.Rest and nap room:The room size is 1.2 – 1.5 m²per 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.

3.20Restroom:The room size must be 0.4 – 0.6 m²per 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.

4.21Playground area:The area size is 0.5 – 0.7 m²per a child with not less than 2.1m in breadth and protectivehandrailsthat have 0.8 – 1m in heightand 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 m²per 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.

2. The kitchen is equipped with the followings:

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 orkindergartensmust 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 orkindergartensthat 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 orkindergartensmust 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

1. Facilities of an independent preschool education group or class are not badly damaged but are solidly built and provide full natural illumination, tiny and well-ventilated space. It is designed with cemented, brightly tiled or wooden floors.

2. The size of child parenting, care and education room must be at least 1.5 m²per 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 minimumareaof 0.4 m²per 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

1. Provide chairs and tables meeting statutory standards (especially for 5-year-old children): one table and two chairs for two children; one table, one chair and one whiteboard for a teacher; racks used for storage of handy items and toys; potable and drink water tanks. With regard to semi-boarding classes, wood frames or beds, blankets, cushions, mosquito nets and fans must be available to meet children s rest and nap demands.

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.

ChapterV

TEACHERS AND EMPLOYEES

Article 34. Teachers and employees

Teachers working forpreschool educationestablishments 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 atpreschooleducation establishments.

Article 35. Teacher’s duties

1. Protect safety for children’s health and life during their stay at preschools,kindergartens, preschool education groups or classes.

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 thePrincipal.

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.

4. Improve their moral standards, preserve dignity, prestige and reputation of their own, their preschools, preschool education establishments, or independent preschool education groups or classes; foster solidarity among and provide mutual supports for colleagues.

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 thePrincipal.

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

Educational qualification standards for preschool teachers includetwo-yearassociate degreesin early childhood education; Educational qualification standards for school healthcare and accounting staff include profession-spacifictwo-yearassociate degrees; those working as treasurers, librarians, archivists, cooksandsecurity guards must be trained for their assigned scope of work.

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;

e) Force children to attend their extra tuitions to gain their own benefits;

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

CHILDREN

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.

Article 44. Children’s duties

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

Article 46. Responsibility of preschools, kindergartens and independent preschool education groups or classes

1. Preschools,kindergartensand 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 andregularhealthexaminationfor 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 andkindergartensin 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 andkindergartensshould 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.

2. Organization and operations of the parent representation committee shall be subject to the parent representation committee’s charteradopted by the Minister of Education and Training.

1The Circular No. 44/2010/TT-BGDDT on amendments to certain articles of thePreschool Charterwhichis enclosed tothe Decision No. 14/2008/QD-BGDDT dated April 07, 2008 of the Minister of Education and Trainingis 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;

Atthe request of the DirectorGeneralof thePreschoolEducation Department,

The Minister of Education and Trainingmakes 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 thePreschool Charterwhichis enclosed tothe 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 thePreschool 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;

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;

Pursuant to the Government s Decree No. 115/2010/ND-CPdated 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 thePreschool Charterwhichis enclosed tothe 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 Trainingis 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-CPdated May 11, 2011 providing for amendments to certain articles ofthe 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-CPdated January 09, 2013 providing for amendments to Point b Clause 13 Article 1 ofthe Government s Decree No. 31/2011/ND-CPdated May 11, 2011 providing for amendments to certain articles ofthe 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 promulgates a Circular onamendments 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”.

2Clause 2 and Clause 3 of theCircular No. 44/2010/TT-BGDDT, providing foramendments 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 theCircular No. 05/2011/TT-BGDDT, providing foramendments 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 thePreschool 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 theCircular No. 09/2015/TT-BGDDT, providing foramendments 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:

 “Article 2.This Circular takes effect as of June 26, 2015.

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./.”

3This Clause is amended in accordance with regulations in Clause 1 Article 1of the Circular No. 44/2010/TT-BGDDTwhich providesfor 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.

4This Article is amended in accordance with regulations in Clause 1 Article 1oftheCircular No. 09/2015/TT-BGDDT dated May 14, 2015of theMinister of Education and Training, which provides foramendments to certain articles of thePreschool Charterwhichis enclosed tothe 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.

5This Clause is amended in accordance with regulations in Clause 2 Article 1 of the Circular No. 44/2010/TT-BGDDTwhich providesfor 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.

6This Clause is amended in accordance with regulations in Clause3Article 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.

7This 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.

8This 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.

9This 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.

10This Clause is amended in accordance with regulations in Clause 7 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.

11This Clause is amended in accordance with regulations in Clause 2Article 1of the Circular No. 09/2015/TT-BGDDT,which providesfor 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,andcomesinto force as of June 26, 2015.

12This 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.

13This 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.

14This Clause is amended in accordance with regulations in Clause1 Article 1of Circular No. 05/2011/TT-BGDDTwhich providesfor amendments to Point d Clause 1 Article 13; Clause 2 Article 16; Clause 1 Article 17 and Point c Clause 2 Article 18 of thePreschool Charter which is enclosed tothe 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,andcomesinto force as of March 27, 2011.

15This 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.

16This Clause is amended in accordance with regulations in Clause3Article 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.

17This 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.

18This Clause is amended in accordance with regulations in Clause3Article 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.

19This 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.

20ThisClause is amended in accordance with regulations in Clause5Article 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.

21This 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.