Legal basis

• Decree No. 46/2017/NĐ-CP dated 21/4/2017 Prescribing regulatory requirements for educational investment and operation.
• Decree No. 135/2018/NĐ-CP dated 04/10/2018 Amending and supplementing the government’s Decree No. 46/2017/NĐ-CP dated April 21, 2017 Prescribing regulatory requirements for educational investment and operation.

1. Requirements for applying for a license of establishment of the kindergarten

According to Article 3 Decree No. 46/2017/NĐ-CP dated 21/4/2017 about the requirements for establishment of kindergarten are as follow:

• The proposal for establishment of a kindergarten must be consistent with the local socio-economic and educational network development plan approved by the state regulatory authority.
• The proposal for establishment of a kindergarten must clearly define preschool objectives, missions, curriculum framework and outline; land, facilities, equipment and intended construction site; organization and personnel structure, financial and other resources; guidelines and strategies for construction and development.   

2. Procedures for applying for a license to establish a kindergarten

2.1. Documentation requirements for establishment of the kindergarten

According to Article 4.2 Decree No. 46/2017/NĐ-CP dated 21/4/2017 amended by Article 1.1 and Article 2 Decree No. 135/2018/NĐ-CP dated 04/10/2018, regulated:

• The application form for approval of establishment of a public kindergarten prepared by a host entity, or permission for establishment of a non-public or private kindergarten prepared by an organization or individual in which necessity for establishment, proposed name and location intended for construction of the premises for child care, parenting and education activities must be clearly specified;

• The proposal for establishment of a kindergarten.
  The proposal should specify total proposed capital necessary for execution of plans, provide assurance that child care, parenting and education activities will be performed in a normal manner during 03 first years of establishment and subsequent years, and give a clear explanation for feasibility and legitimacy of finances for construction and development of a kindergarten over periods of time;

2.2. Procedures for establishment of the kindergarten

According to Article 4.3 Decree No. 46/2017/NĐ-CP dated 21/4/2017 amended by Article 1.1 Decree No. 135/2018/NĐ-CP dated 04/10/2018, regulated:

• The People’s Committee of a commune, ward or town (hereinafter referred to as commune-level People’s Committee; in case of application for approval of establishment of a public kindergarten); organization or individual (in case of application for approval of establishment of a non-public or private kindergarten) shall submit an application package specified in Clause 2 of this Article, whether directly or by post, to the district-level People’s Committee;
• Within the duration of 05 business days from the receipt of all required valid documents, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training to organize the assessment of realistic conditions concerning establishment of a kindergarten; within the duration of 15 business days, the Subdepartment of Education and Training shall take charge and cooperate with relevant specialized divisions to give their assessment opinions to the President of the district-level People’s Committee;
• Within the duration of 05 business days from the receipt of written assessment opinions from the Subdepartment of Education and Training and other relevant specialized divisions, if all regulatory requirements have been met, the President of district-level People’s Committee shall issue a decision on establishment or approval of establishment; in case of failure to meet stated requirements, the President of the district-level People’s Committee shall send a written response in which reasons for refusal to issue the decision on establishment or approval of establishment should be clearly specified.”

2.3. Licensing authority for licenses to establish the kindergarten

According to Article 4.1 Decree No. 46/2017/NĐ-CP dated 21/4/2017, regulated The President of the People’s Committee of an urban/rural district or provincially-controlled town (hereinafter referred to as district-level People’s Committee) shall be accorded authority to grant the decision on establishment of a public kindergarten, or permission for establishment of a non-public or private kindergarten.