Preschool Establishment Licensing Service Guide

A Preschool establishment licensing service is a comprehensive legal solution, assisting individuals and organizations in Vietnam to quickly complete the permit application procedures to legally operate preschool educational institutions. With professional support, this process ensures transparency, saves time and effort for investors, and strictly adheres to the provisions of Decree No. 125/2024/ND-CP. Our Preschool establishment licensing service focuses on these outcomes.

Latest Conditions for Preschool Establishment and Operation

According to Article 3 of Decree No. 125/2024/ND-CP, the conditions for establishing public nursery schools, kindergartens, or preschools, or for permitting the establishment of community-founded or private nursery schools, kindergartens, or preschools (hereinafter collectively referred to as preschools) include:

• An establishment proposal for the preschool that aligns with the provincial master plan and relevant local plans where the school will be located.
• The preschool establishment proposal must clearly define objectives, tasks, curriculum, and preschool educational content; land, physical facilities, equipment, and the proposed construction site; organizational structure; resources and finances; and strategic directions for the school’s construction and development.

In addition to these basic conditions, a preschool must meet the following standards to be licensed for educational operations. A Preschool establishment licensing service can help navigate these:

• Possess land, physical facilities, equipment, supplies, and toys that meet the standards for location, scale, area, and minimum physical facilities for preschools as regulated by the Ministry of Education and Training (MOET).
  • For inner-city areas of special-grade urban centers, the land area for school construction can be replaced by floor area, ensuring the floor area is not less than the minimum average land area per child as regulated.
• Have an educational program, materials, and learning resources that meet the requirements of the preschool education program as regulated by the MOET.
• Have a team of management staff, teachers, personnel, and employees ensuring sufficient quantity and meeting standards to organize nurturing, care, and education activities for children, fulfilling the requirements of the preschool education program as regulated by the MOET.
• Possess sufficient financial resources to ensure the maintenance and development of educational activities.
• Have organizational and operational regulations for the school.

Thus, clients must ensure full compliance with the above conditions to be licensed for preschool establishment. Fulfilling these conditions not only facilitates a smooth licensing process but also ensures the educational institution operates effectively, meeting children’s learning and development needs. The support of a Preschool establishment licensing service is beneficial.

Licensing Process for Preschool Establishment and Operation

To license the establishment and operation of a preschool, two stages are required. A Preschool establishment licensing service guides through both:

1. Undertake procedures for establishing a public preschool or permitting the establishment of a community-founded or private preschool.
2. Undertake procedures for permitting the preschool to conduct educational operations.

Procedure for Preschool Establishment

According to Article 4 of Decree No. 125/2024/ND-CP, the procedure for establishing a public preschool or permitting the establishment of a community-founded or private preschool is as follows:

• Step 1: Prepare the dossier, including:
  • A written proposal requesting permission to establish a preschool, using Form No. 01 of Appendix I attached to Decree No. 125/2024/ND-CP.
  • A proposal for permitting the establishment of a preschool, using Form No. 02 of Appendix I attached to Decree No. 125/2024/ND-CP.
• Step 2: The organization or individual submits one set of the dossier via the online public service portal, by post, or directly to the District-level People’s Committee.
• Step 3: The District-level People’s Committee will notify of necessary amendments for an invalid dossier within 05 working days from receiving the complete dossier. If the dossier is valid, the District-level People’s Committee will direct the District-level Office of Education and Training (DOET) to appraise the conditions for permitting preschool establishment.
  • Within 15 days from receiving the directive from the District-level People’s Committee, the DOET will lead and coordinate with relevant specialized offices to appraise the conditions for establishing or permitting the establishment of the preschool based on the dossier; prepare an appraisal report; and submit it to the Chairman of the District-level People’s Committee for consideration and decision.
• Step 4: After receiving the report from the DOET, within 05 working days, the Chairman of the District-level People’s Committee will decide to permit the establishment of the preschool. If conditions are not met, a written notification will be sent to the proposing agency, organization, or individual, clearly stating the reasons.

Procedure for Permitting Preschool Educational Operations

According to Articles 5 and 6 of Decree No. 125/2024/ND-CP, after establishing the preschool, to conduct educational operations, the preschool must undertake the following permission procedure. This is a critical step in the Preschool establishment licensing service.

• Step 1: The organization or individual prepares the following documents:
  • A written proposal requesting permission for the preschool to conduct educational operations, using Form No. 03 of Appendix I issued with Decree No. 125/2024/ND-CP.
  • Copies of legal documents proving land use rights, house ownership rights, or a lease agreement for the preschool location with a minimum term of 05 years.
  • Legal documents confirming the investment amount managed by the school, ensuring legality and suitability for the planned scale at the time of registering for educational operations (a specific requirement for private preschools).
  • The school’s organizational and operational regulations.
• Step 2: The preschool submits one set of the dossier to the local DOET via the online public service portal, by post, or directly.
• Step 3: After receiving the complete dossier, within 05 days, the DOET will issue a written notification of necessary amendments or supplementations to the preschool (if the dossier is invalid); or notify of the plan for an on-site appraisal at the preschool (if the dossier is valid).
• Step 4: Within 15 days from receiving the complete and valid dossier, the DOET will lead and coordinate with relevant specialized offices to conduct an on-site appraisal of the conditions for the preschool’s educational operations as regulated; prepare an appraisal report evaluating compliance with Article 5 of Decree No. 125/2024/ND-CP.
• Step 5: The Head of the DOET will decide to permit the preschool to conduct educational operations within 05 days from the date of the appraisal report. If conditions are not met, a written notification will be sent to the preschool, clearly stating the reasons.

Preschool Establishment Licensing Service at Long Phan Consulting Company

The Preschool establishment licensing service is a multi-step process. We will support you throughout this process, including the following matters:

Scope and Content of the Preschool Establishment Licensing Service

We provide professional legal solutions for individuals and organizations wishing to establish preschools. Long Phan Consulting Company’s Preschool establishment licensing service includes:

• Comprehensive Consultation:
  • Checking conditions for establishment permits and educational operation permits.
  • Advising on completing dossiers for establishment permission and educational operation permission.
  • Guiding on the implementation process and practical preparations such as physical facilities, technical aspects, location, school premises, teaching staff, etc.
  • Advising on handling situations where the dossier requires amendment, supplementation, or is returned by the licensing authority.
• Dossier Drafting Support:
  • Developing proposals for permitting preschool establishment.
  • Drafting written proposals for school establishment and proposals for permitting preschool educational operations.
  • Drafting documents confirming the investment amount managed by the school, and the school’s organizational and operational regulations.
  • Drafting other applications throughout the procedural resolution process, such as petitions, requests for guidance, complaints, or reflections to functional agencies regarding non-compliant dossier processing, and other documents as required by state agencies.
  • Guiding clients in preparing and collecting relevant documents.
  • Preparing complete licensing application dossiers as regulated.
• Authorized Representation:
  • We act on your behalf to submit dossiers, monitor the processing, and participate in working sessions with the licensing authority to resolve other procedures such as dossier clarification, petition resolution, complaint resolution, and even denunciations as regulated. We hand over all application dossiers and results to the client.

The comprehensive scope, from consultation and dossier drafting to representing clients before functional agencies, demonstrates that Long Phan Consulting Company offers a full-package, professional legal solution for clients needing to establish a preschool via our Preschool establishment licensing service.

Process of Providing the Preschool Establishment Licensing Service

The process of providing the Preschool establishment licensing service at Long Phan Consulting Company is methodical, professional, and compliant with legal regulations. We have established a standardized process to ensure progress and efficiency.

Long Phan Consulting Company has developed a professional service provision process, including the following steps:

• Step 1: Preliminary Consultation to Determine Needs and Specific Client Situation
  • After receiving your request, our legal specialist will consult, analyze, and preliminarily assess the conditions applicable to your preschool establishment, including permission for establishment and permission for educational operations.
  • We will also advise on the optimal solution suited to your actual situation.
• Step 2: Quotation and Service Contract Signing
  • After agreeing on your service needs, we will prepare a service fee quotation and a draft work plan for your requirements.
  • When you agree to the service fee and proposed work plan and proceed to sign the contract, we will conduct an on-site survey of the proposed preschool construction location to assess compliance with legal conditions.
  • Then, based on the initial draft work plan and your actual situation, we will create a detailed service implementation plan with specific timelines.
• Step 3: Dossier Drafting and Preparation
  • For dossiers and forms that need drafting, we will draft them on your behalf and send drafts for your review and content agreement.
  • For dossiers and documents you need to provide (such as Business Registration Certificate, ID card, etc.), we will issue a dossier provision request form. This will clearly list the types of dossiers you need to provide and guide you on how to collect them.
• Step 4: Dossier Submission and Progress Monitoring
  • After agreeing on the drafted dossier content and preparing all necessary documents, we will thoroughly review them again and submit the dossier to the competent authority as your authorized representative.
  • We commit to closely monitoring dossier processing progress, regularly contacting functional agencies, and promptly supplementing or adjusting the dossier as required by the appraisal agency. This is a key function of our Preschool establishment licensing service.
• Step 5: Support During the Appraisal Process
  • At this stage, we:
    • Prepare necessary documents and papers for you for the appraisal session.
    • Accompany you in working sessions with the appraisal team.
    • Advise on rectifying any shortcomings (if any) after the appraisal results.
  • Additionally, we represent clients in working sessions and provide clarifications to competent authorities (if any).
• Step 6: Receiving Permits and Handover
  • Upon receiving the decision permitting preschool establishment and the educational operation permit, we meticulously check the information before handing it over to you.
  • We guide on subsequent procedures after the establishment decision and educational operation permission decision.
  • Concurrently, we advise on legal matters related to educational operations after the decision (if needed).

Long Phan Consulting Company’s service provision process is designed to optimize licensing time and minimize legal risks for clients, ensuring preschool establishment occurs smoothly and in compliance with legal regulations. Our Preschool establishment licensing service aims for client satisfaction.

After-Sales Policy, Customer Care

Long Phan Consulting Company places special emphasis on its after-sales policy and customer care after completing preschool establishment licensing procedures. After completing establishment procedures, many legal issues may arise requiring support. We provide the following support services:

• Post-Establishment Legal Procedure Consultation:
  • Advising on administrative procedures related to preschool operations.
  • Advising on drafting and submitting periodic reports as required by education management agencies.
  • Advising on procedures for changing or supplementing establishment permit content (if any).
• Preschool Education Regulation Compliance Consultation:
  • Updating on new preschool education regulations if you have a need.
  • Advising on developing internal rules and operational regulations for the preschool.
  • Guiding on implementing the preschool education program correctly.
• Personnel and Management Support:
  • Advising on recruitment and signing labor contracts with teachers and staff.
  • Guiding on building an effective internal management system.
  • Advising on salary and insurance regimes for employees.
  • Assisting in resolving issues arising in labor relations (if any).
• Post-Licensing Legal Query Resolution:
  • Our team of specialists is always ready to answer all your queries on legal matters related to preschool operations.
  • Advising on resolving legal situations arising during preschool operations.

Long Phan Consulting Company’s after-sales and customer care policy is designed to ensure your preschool operates legally, stably, and develops sustainably. We commit to accompanying you throughout the preschool’s operational duration with our ongoing Preschool establishment licensing service support.

Information Confidentiality Commitment

Long Phan Consulting Company prioritizes customer information security and safety. We apply strict technical measures and procedures to comprehensively protect customer data. Long Phan Consulting Company’s information confidentiality commitment includes:

1. Information Confidentiality Principles:
   • All your information is collected, stored, and processed under the principle of absolute confidentiality.
   • Information is used solely for providing the Preschool establishment licensing service.
   • Information is not shared or disclosed to third parties without your consent, unless otherwise required by law.
2. Scope of Information Confidentiality:
   • Identifying information: name, address, phone number, email, ID/Citizen ID/Passport number.
   • Financial information: financial capacity records, capital sources, assets.
   • Business information: business plans, preschool establishment proposals.
   • Legal dossiers: documents related to preschool establishment procedures.
   • Personnel information: records of the proposed principal and management team.
3. Information Processing Procedure:
   • Only necessary information for service provision is collected.
   • Information is stored for a period appropriate to legal regulations.
   • Information is securely destroyed after the storage period expires.
   • Information is updated or corrected upon your request.

Long Phan Consulting Company commits to strictly adhering to relevant legal regulations on information confidentiality. We understand that your information is a valuable asset and must be protected with the highest level of security.

Contact Information for the Preschool Establishment Licensing Service

To receive detailed consultation on the Preschool establishment licensing service, please contact Long Phan Consulting Company using the information below:

• Head Office Address: Lot TM7, Lavita Garden Apartment, 17 Street No. 3, Truong Tho Ward, Thu Duc City, Ho Chi Minh City
• Working Hours: Monday to Saturday – 8:00 AM to 5:30 PM
• Online Consultation Hotline: 1900.63.63.89
• Email: info@longphanpmt.com
• Website: longphanpmt.com
• Zalo: 0906.735.386
• Facebook: Long Phan Investment Consulting and Legal Services Co., Ltd.

Our consulting team is always ready to support you with all matters related to preschool establishment. With in-depth experience in educational law, we commit to providing optimal solutions, helping you complete preschool establishment licensing procedures quickly and effectively through our dedicated Preschool establishment licensing service.

Frequently Asked Questions (FAQ) about the Preschool Establishment Licensing Service

To help you better understand the Preschool establishment licensing service, we have compiled frequently asked questions below:

What is the estimated time to complete both stages of licensing for preschool establishment and operation?

Total time depends on the investor’s dossier preparation and the state agency’s processing time. According to Decree No. 125/2024/ND-CP:

• Establishment stage: The District-level People’s Committee has 05 working days to review the dossier, and the DOET has 15 days for appraisal, after which the Chairman of the District-level People’s Committee has 05 working days to decide.
• Educational operation stage: The DOET has 05 days to review the dossier, 15 days for on-site appraisal, and the Head of the DOET has 05 working days to decide.

Thus, each stage may take about 25-30 working days if the dossier is valid and complete. Our Preschool establishment licensing service aims to streamline this.

Do preschool establishment permits and educational operation permits have a validity period?

Decree No. 125/2024/ND-CP and current legal documents do not specify a validity period for the decision permitting establishment or the decision permitting educational operations for preschools. However, the school must maintain the licensed conditions throughout its operation and may be suspended if violations occur.

Additionally, after 02 years from the effective date of the decision to establish or permit establishment of the preschool, if the preschool is not permitted for educational operations, the DOET will report to the Chairman of the District-level People’s Committee to revoke the establishment decision.

Can foreign investors establish preschools in Vietnam?

Although preschool education services are not among Vietnam’s service commitments at the WTO, the establishment of foreign-invested preschools is permitted under Vietnamese law. Decree No. 86/2018/ND-CP, in Clause 2, Article 28, clearly states that preschool educational institutions are a type permitted for foreign investment, and foreign investors are not restricted in their capital contribution ratio. Therefore, foreign-invested preschools are permitted to be established in Vietnam under Decree No. 86/2018/ND-CP.

What are the penalties if a preschool operates without a permit or without meeting conditions?

Pursuant to Article 6 of Decree No. 04/2021/ND-CP, a preschool educational institution conducting activities without a permit will be subject to administrative penalties as follows:

• Monetary fine: From 10,000,000 VND to 20,000,000 VND (Point a, Clause 5).
• Remedial measures: Forced transfer of enrolled learners to other eligible educational institutions, or if transfer is not possible, cancellation of admission decisions and refund of collected fees to learners (Point b, Clause 7).
• Additional penalties (if foreign elements are involved): Foreign violators may be deported (Point c, Clause 6).

Are the authorities for issuing the establishment decision and the educational operation decision different?

According to Articles 4 and 6 of Decree No. 125/2024/ND-CP:

• The Chairman of the District-level People’s Committee has the authority to decide on permitting the establishment of public preschools or permitting the establishment of community-founded or private preschools.
• The Head of the DOET under the District-level People’s Committee has the authority to decide on permitting preschools to conduct educational operations.

What should an investor do if the licensing application dossier is rejected?

If the dossier is rejected, the competent authority will issue a written notification stating the reasons. The investor should carefully review the reasons for rejection, rectify any shortcomings, and resubmit the dossier. If disagreeing with the rejection decision, the investor has the right to file a complaint according to the law on complaints. A Preschool establishment licensing service can assist in this.

Can an individual be named as the founder of a private preschool?

Yes, an individual or organization can be named in the proposal to permit the establishment of a private preschool, provided they fully meet the conditions stipulated in Article 3 of Decree No. 125/2024/ND-CP and other relevant legal regulations.

Is it mandatory for preschools to meet standards for fire prevention and fighting (FPF) and food safety and hygiene?

Absolutely. In addition to specialized educational conditions, preschools are places with a high concentration of people, especially young children, so they must strictly comply with legal regulations on FPF (Law on Fire Prevention and Fighting and guiding documents) and food safety and hygiene (Law on Food Safety and guiding documents). This includes having a certificate of eligibility for FPF and a certificate of food safety eligibility (if a kitchen is operated). These are crucial conditions for ensuring children’s safety.

Conclusion

This article has provided an overview of the establishment conditions and the two-stage process for obtaining a preschool educational operation permit under Decree No. 125/2024/ND-CP, along with the comprehensive support scope of the legal consulting Preschool establishment licensing service from Long Phan Consulting Company. Meeting all standards for physical facilities, personnel, and legal dossiers is key for your preschool to be licensed and operate effectively.

If you wish to learn more about this Preschool establishment licensing service, please contact us immediately via hotline 1900.63.63.89 for our team of experts to assist in answering your queries.