Procedures for establishing independent children’s groups and kindergarten classes Create a learning environment to develop skills for children. Creating a safe and healthy environment for children to develop comprehensively is a humane trend in today’s society. Many people will wonder about the procedures for quickly establishing independent children’s groups and kindergarten classes. Long Phan’s article below will provide detailed instructions on the steps to perform this procedure.
Regulations for quickly establishing independent children’s groups and kindergarten classes
Conditions for establishing independent children’s groups and kindergarten classes
According to the provisions of Article 10 of Decree 46/2017/ND-CP (amended by Clause 5, Article 1 of Decree 135/2018/ND-CP), conditions for establishing and operating independent children’s groups and kindergartens include:
There are teachers who meet standard qualifications according to regulations.
Have a room to safely raise, care for and educate children with an area of at least 1.5 m2 for each child. The room must have a play area, fence and safety gate. If there is a food organization for children, it must have a separate, safe kitchen, ensuring fire and explosion prevention and food hygiene and safety. There must be enough clean water for daily activities and drinking.
Minimum equipment for independent children includes: mat/play mat, bed, blankets, blankets, blankets, water containers, toys, shelves, toilets and activity materials. Documents for child caregivers include educational care instructions, child and property tracking books, and materials to disseminate child-rearing knowledge.
Equipment for an independent kindergarten class includes: proper tables and chairs for children and teachers, toys, water bottles, and activity materials. The boarding class needs extra mats/beds, blankets, pillows and curtains. Teacher materials include educational care instructions, child monitoring books, activity notebooks and knowledge dissemination materials for parents.
For places where there are not enough preschool education facilities, individuals can organize groups of up to 7 children, ensuring caregivers are healthy, capable and have professional training certificates. Facilities need a minimum area of 15m2, are safe, airy, have age-appropriate toys, enough equipment and running water.
Authority to approve applications to establish independent children’s groups and kindergarten classes
According to the provisions of Clause 1, Article 11 of Decree 46/2017/ND-CP (amended by Clause 6, Article 1 of Decree 135/2018/ND-CP), the authority to approve applications to establish children’s groups and classes Independent kindergartens belong to the Chairman of the commune-level People’s Committee.
The Chairman of the Commune People’s Committee is the person who has the right to decide to allow the establishment of independent children’s groups and kindergarten classes in the management area. This decision was made after reviewing the application dossier and the appraisal results of the Department of Education and Training.
Delegating this authority to the commune level helps shorten processing time, creating favorable conditions for the establishment of private preschool education facilities to meet the needs of the people. However, this also poses requirements on the management and supervision capacity of commune-level authorities for the operations of these facilities.
Agency approves documents
Procedures for establishing independent children’s groups and kindergarten classes
Business profile needs to be prepared
According to the provisions of Clause 2, Article 11 of Decree 46/2017/ND-CP (amended by Clause 6, Article 1 of Decree 135/2018/ND-CP), dossiers for establishing independent children’s groups and kindergartens include:
The proposal requests permission to establish independent children’s groups and kindergarten classes. This application must clearly state the reason for the establishment, expected location, expected number of children, existing facilities and equipment.
In case of renting facilities: if it is a kindergarten, kindergarten, or a private daycare that rents premises, facilities, and equipment from the State or is not used by a public educational institution, Rental contract required.
Copies of diplomas or certificates of teachers or child care providers. You can submit a copy issued from the original register, a certified copy from the original or a copy accompanied by the original for comparison.
Note, only need to submit 1 set of documents. The documents in the dossier must be complete and valid according to the provisions of law.
Submit application and process
The application process and procedures for establishing a child group and independent kindergarten class are carried out in the following order:
Step 1: Submit application Organizations and individuals send 01 application set directly or by post to the commune-level People’s Committee. The application must contain all required components as prescribed.
Step 2: Appraisal of documents The commune-level People’s Committee receives and organizes appraisal of documents within 05 working days. If the dossier does not comply with regulations, the People’s Committee will notify you in writing of the contents that need to be edited or supplemented. If the dossier is in accordance with regulations, the People’s Committee will send a written request to the Department of Education and Training for an actual inspection.
Step 3: Reality check. Within 10 working days, the Department of Education and Training organizes a field inspection and sends a written opinion to the Commune-level People’s Committee, clearly stating whether the child group or independent kindergarten class meets or does not meet the conditions for establishment.
Step 4: Make a decision Within 05 working days from the date of receiving the document from the Department of Education and Training, the Chairman of the Commune People’s Committee shall issue a decision permitting the establishment. If a decision has not been made, the People’s Committee will notify the organization, individual and the Department of Education and Training in writing, clearly stating the reason.
Documents for establishing independent children’s groups and kindergarten classes
Enterprise management and operating structure after going into operation
According to the provisions of Article 11 of Circular 49/2021/TT-BGDDT, the management and operating structure of children’s groups and independent kindergarten classes includes:
Facility owner:
Be the individual or representative of the organization applying for the establishment license.
Criteria: Vietnamese citizen, good moral character, under 65 years old, good health, high school graduate or higher.
Duties: direct child care and education activities, build a safe environment, manage facilities, ensure benefits for employees, and implement publicity according to regulations.
Powers: sign labor contract, concurrently hold other positions if qualified, negotiate tuition fees, participate in professional training.
Teachers and staff:
Number: ensure child/caregiver ratio according to regulations.
Standards: meet the training qualifications regulations of the Education Law.
Mission: implement preschool education programs, care for and protect children.
Organizing the apparatus:
Independent children’s group: may only have the facility owner and teacher.
Independent kindergarten class: has additional cooking staff (if boarding is organized).
This structure ensures the effective operation of the educational institution, clearly defining the responsibilities and authorities of each position.
Consulting on licensing procedures and internal compliance procedures for independent children’s groups and kindergarten classes
Establishing independent children’s groups and kindergarten classes is now a much more convenient process than before. To ensure this process goes smoothly, you can contact Long Phan’s consulting services including:
Prepare complete and accurate documents as required by authorities.
Support strict compliance with application submission processes and administrative procedures.
Support the development of internal processes to ensure compliance with regulations on child care, education and safety.
Support organizing staff training on legal regulations and child care and education skills.
Regularly update changes in relevant legal regulations.
Customers should note that the process of applying for a license and maintaining the operation of independent children’s groups and kindergarten classes requires patience and strict compliance with regulations. If you need more detailed advice on licensing procedures or building internal compliance processes, please contact Long Phan via Hotline: 0906735386. We are ready to support customers throughout this process.
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Dương Thị Kim Ngân
Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.