Chương II : Nghị định 46/2017/NĐ-CP Cơ sở giáo dục mầm non

Chapter II 

EARLY CHILDHOOD EDUCATION INSTITUTION

Section 1. KINDERGARTEN, PRESCHOOL OR NURSERY SCHOOL (hereinafter sometimes referred to as school)

Article 3. Regulatory requirements for establishment of public kindergartens, preschools or nursery schools; permission for establishment of non-public or private kindergartens, preschools or nursery schools

1. The proposal for establishment of a kindergarten, preschool or nursery school must be consistent with the local socio-economic and educational network development plan approved by the state regulatory authority.

2. The proposal for establishment of a kindergarten, preschool or nursery school 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.   

Article 4. Procedures and documentation requirements for establishment of public kindergartens, preschools and nursery schools; permission for establishment of non-public or private kindergartens, preschools and nursery schools

1. 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, preschool and nursery school, or permission for establishment of a non-public or private kindergarten, preschool and nursery school.

2. Submitted documentation, including:

a) The application form for approval of establishment of a public kindergarten, preschool and nursery school prepared by a host entity, or permission for establishment of a non-public or private kindergarten, preschool and nursery school 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;

b) The proposal for establishment of a kindergarten, preschool or nursery school that must clearly describe consistency with the socio-economic development plan and the plan for development of local educational network; objectives, missions, educational curriculum framework and program; land, facilities and equipment; organizational system and structure of teachers and administrative officers; financial and other resources; guidelines and strategies for construction and development, solutions to construction and development of the kindergarten, preschool or nursery school over periods of time.  

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, preschool or nursery school over periods of time;

c) The written document stating the policy for land allotment, or the agreement in principle on lease and rental of land and affixed building or facilities for construction of a kindergarten, preschool or nursery school of which the minimum term is 05 years;

d) The draft general floor plan and preliminary design of architectural facilities built on the land plot intended for construction of a kindergarten, preschool or nursery school, or architectural design (in case the school head office already exists), which must ensure consistency with educational scales and standards of usable floor area used for performing child care, parenting and education activities.

3. Implementation procedures:

a) 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, preschool or nursery school); organization or individual (in case of application for approval of establishment of a non-public or private kindergarten, preschool or nursery school) shall submit an application package specified in Clause 2 of this Article, whether directly or by post, to the district-level People’s Committee;

b) Within the duration of 20 business days of receipt of all required valid documents, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training and relevant specialized divisions to give their assessment opinions on submitted documents and their assessment of realistic conditions concerning establishment of a kindergarten, preschool or nursery school according to the prescribed subject matters and requirements;

c) Within the duration of 15 business days of 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.

4. Within the duration of 02 years after the date of entry into force of the decision on establishment or approval of establishment, if the requesting kindergarten, preschool or nursery school fails to obtain permission to perform its educational activities, that decision shall be annulled. 

Article 5. Licensing requirements for educational operations of a kindergarten, preschool and nursery school

1. Obtain the decision on establishment or the decision on approval of establishment, issued by the President of district-level People’s Committee.

2. Own land, school head office, facilities and equipment that meet requirements, help maintain and develop educational activities as well as satisfy the following specific requirements:

a) The kindergarten, preschool or nursery school must be located within the precincts of a residential zone in conformity with the general planning and at a place convenient for children to reach; ensure compliance with regulations on safety and environmental sanitation;   

b) The total area of project site is divided into multiple spaces used for building infrastructural facilities, playgrounds, roads and growing landscaping plants. The average area of project site must be at least 12 m² per a child in lowland, delta and midland regions; 08 m² per a child in municipal, urban and mountainous regions.

As for administrative subdivisions short of unoccupied land, it shall be possible that the building area is replaced by the floor area and the stipulated area of vacant land must be adequate;

The non-public and private kindergarten, preschool and nursery school may rent unused head offices, facilities and equipment which are state-controlled or owned by public educational institutions for the purpose of organization of educational activities as per applicable laws and regulations.

The non-public and private kindergarten, preschool and nursery school may rent a part or the whole of the available reserves of state-owned houses and infrastructure facilities for use in educational activities in accordance with the Government’s regulations on incentives for private sector involvement in the sector of education, vocational education, healthcare, culture, sports, environment and judicial assessment.   Rental of educational equipment and facilities which have not yet been operated at the maximum capacity by public service entities in the education sector shall be subject to applicable legislation on management and use of state-owned assets.

c) The kindergarten, preschool or nursery school must build walls to separate its space from the outside;

d) The construction project is divided into the following blocks:

- Block of child care and nursery education classrooms, e.g. general activity gathering classrooms, sleeping classrooms, toilets and play grounds, which must ensure conformity with the specified regulations;

- Block of learning classrooms, e.g. physical education classrooms, art education classrooms or multifunctional classrooms;

- Block of dining rooms, e.g. kitchen spaces and warehouses;

- Block of administrative rooms, e.g. school offices, rector’s offices, vice rector’s offices, administrative management offices, healthcare rooms, security rooms, staff rooms, toilets intended for teachers, officers, employees, and parking lots for teachers, officers and employees;

- Play grounds, e.g. play grounds for child groups or classes; commonly-shared play spaces, play spaces with landscaping plants.

dd) Equipment, toys, supplies, instructional materials on child care and education must be available in accordance with regulations laid down by the Ministry of Education and Training.

3. Employ an adequate staff of administrative officers, teachers and employees that are structured in a proper manner and meet stipulated standards for provision of early childhood education programs and organization of educational activities. 

4. Maintain an sufficient amount of financial resources as required by laws in order to ensure continued operation and development of educational activities.

5. Have the statutes of organization and operations of the kindergarten, preschool or nursery school.

Article 6. Procedures and documentation requirements for educational operations of a kindergarten, preschool or nursery school

1. The Head of the Subdepartment of Education and Training shall be accorded authority to grant the kindergarten, preschool or nursery school the license to carry out educational operations.

2. Documentation must be submitted to apply for such license, including:

a) The request form for the license to carry out educational operations;

b) The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes (hereinafter referred to as certified duplicate copy) of the decision on establishment or the decision on approval of establishment of the kindergarten, preschool or nursery school;

c) The detailed review report on development of the Proposal for investment in establishment of the kindergarten, preschool and nursery school. The report should specify specific works which have been completed or are in progress, including land, infrastructure, equipment and financial conditions for child care, parenting and education activities; staff of teachers and administrative officers;

d) The list of teachers with their professional qualifications; employment contracts signed between a kindergarten, preschool or nursery school and each teacher;

dd) The list of officers holding important positions, such as the rector, vice rectors, heads of divisions, departments or specialized groups, with their professional qualifications; employment contracts signed between a kindergarten, preschool or nursery school and each administrative officer;

e) Early childhood education curriculum and syllabus for offer of early childhood education program;

g) The inventory of classrooms, working rooms, facilities and equipment items meeting stipulated requirements;

h) The legal confirmation document on the title to land or the agreement on rental of a kindergarten, preschool or nursery school of which the minimum term is 05 years;

i) The legal confirmation document on the available amount of money currently managed by a kindergarten, preschool or nursery school to ensure legitimacy and compliance with the commitment that such amount is only used for paying construction and other recurrent costs incurred by the kindergarten, preschool or nursery school upon receipt of permission for educational operations; the plan for capital mobilization and allocation which assures stable operations of the kindergarten, preschool or nursery school for the next period of 05 years that starts from the date of receipt of permission for enrolment;

k) The statutes of organization and operation, and rules and regulations on internal expenditure, of the kindergarten, preschool or nursery school.

3. Implementation procedures:

a) The kindergarten, preschool or nursery school shall send the Subdepartment of Education and Training 01 set of documents prescribed by Clause 2 of this Article, whether directly or by post;

b) The Subdepartment of Education and Training shall receive and arrange to assess the submitted set of documents.  If the submitted set of documents is invalid, a written notification of contents that require modification must be sent to the kindergarten, preschool or nursery school within the duration of 05 business days of receipt of these documents; if such submitted documents are valid, the plan to carry out the field inspection at the office of kindergarten, preschool or nursery school must be given;

c) Within the duration of 20 business days from the date of notice of the plan to carry out the field inspection, the Subdepartment of Education and Training shall play the leading role and cooperate with other relevant specialized subdepartments in organizing field inspection activities;

d) Within the duration of 10 business days, if all regulatory requirements have been met, the Head of the Subdepartment of Education and Training shall issue a decision on permission for educational operations; in case of failure to meet stipulated requirements, the written notification must be sent to the kindergarten, preschool or nursery school and clearly define reasons for refusal to give approval.

Article 7. Merger, division or split-up of a kindergarten, preschool and nursery school

1. Merger, division or split-up of a kindergarten, preschool and nursery school shall conform to the following requirements:

a) Match the planning for development of local educational network;

b) Satisfy the socio-economic demands of the local area within its scope of operation;

c) Ensure that legal rights and benefits of children, teachers, administrative officers and employees are maintained;

d) Play a significant role in improving the child care, parenting and education quality and effectiveness.

2. The President of the district-level People’s Committee shall be vested with authority to issue a decision on merger, division or split-up of a kindergarten, preschool or nursery school.

3. Documentation submitted to apply for approval of merger, division or split-up, including:

a) The proposal for merger, division or split-up of a kindergarten, preschool and nursery school;

b) The request form for merger, division or split-up of a kindergarten, preschool or nursery school submitted to the district-level People’s Committee.

4. Implementation procedures:

a) The commune-level People’s Committee (in case of application for approval of merger, division or split-up of a public kindergarten, preschool or nursery school), or an organization or individual (in case of application for approval of merger, division or split-up of a non-public or private kindergarten, preschool or nursery school), shall send 01 set of documents referred to in Clause 3 of this Article, whether directly or by post, to the district-level People’s Committee;

b) Within the duration of 20 business days of receipt of all required valid documents, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training and other relevant specialized subdepartments to give their assessment opinions on submitted documents and carry out the field inspection of merger, division or split-up of the kindergarten, preschool or nursery school;

c) Within the duration of 15 business days of receipt of the written assessment opinions from the Subdepartment of Education and Training and other relevant specialized subdepartments, if all regulatory requirements have been met, the President of district-level People’s Committee shall issue a decision on approval of merger, division or split-up; in case of failure to meet stated requirements, a written response in which clear reasons for refusal to approve merger, division or split-up are given must be sent.

Article 8. Suspension of educational operations of a kindergarten, preschool or nursery school

1. A kindergarten, preschool or nursery school shall be subject to suspension of its educational operations if:

a) it commits any fraudulent act in order to obtain a license for educational operations;

b) it fails to meet one of the stipulated eligibility requirements for permission for educational operations in accordance with Clause 2 and Clause 3 Article 5 hereof;

c) The license for its educational operations has been granted ultra vires;

d) Its educational activities have not been carried out within the duration of 01 year from the licensing date;

dd) it has committed any violation against regulations on imposition of penalties for administrative offences arising from educational activities to the extent that the decision on suspension thereof is granted;

e) otherwise prescribed by applicable laws and regulations.

2. The Head of the Subdepartment of Education and Training shall be accorded authority to grant the decision to suspend educational operations of the kindergarten, preschool or nursery school.

3. Implementation procedures:

a) Where it is established that the kindergarten, preschool or nursery school has committed one of the violations prescribed by Clause 1 of this Article, the Head of the Subdepartment of Education and Training shall decide to establish the inspection team, organize inspection activities and make a report on the field inspection as well as warn the kindergarten, preschool or nursery school about any violation;

b) Within the duration of 10 business days from the date of issue of the warning about its violation which has been detected, the Head of the Subdepartment of Education and Training shall decide whether or not its educational operations are suspended;

c) The decision to suspend educational operations of the kindergarten, preschool or nursery school must specify reasons for such suspension, duration of suspension, approaches to assuring legal rights and benefits of school children, teachers, officers and employees and must be made known to the public through mass media;

d) Upon expiration of the duration of suspension, if the defaulting kindergarten, preschool or nursery school has succeeded in mitigating causes resulting in such suspension, the Head of the Subdepartment of Education and Training shall consider granting a decision on permission for restoration of educational operations which must be made known to the public through mass media. In case of refusal to grant permission for restoration of educational operations, a written notice must be sent to the defaulting school, give clear reasons for such refusal and provide any possible solution;

dd) Documents submitted to apply for restoration of educational operations shall include:

- The request form for permission for restoration of educational operations;

- The decision on establishment of the inspection team;

- Inspection report.

e) Processes for grant of permission for restoration of educational operations of a kindergarten, preschool or nursery school shall be subject to Clause 3 Article 6 hereof.

Article 9. Dissolution of a kindergarten, preschool and nursery school

1. A kindergarten, preschool or nursery school shall be closed when one of the following situations occurs:

a) The school has committed serious violations against applicable regulations on organization or operation of a kindergarten, preschool or nursery school.

b) Upon expiration of the duration of suspension of educational operations specified in the suspension decision, causes of such suspension have not yet been corrected;

c) Educational objectives and contents specified in the establishment decision or the decision on permission for establishment of a kindergarten, preschool or nursery school have no longer matched socio-economic development demands;

d) The school is dissolved at the request of the organization or individual that submitted application for establishment of a kindergarten, preschool or nursery school.

2. The President of the district-level People’s Committee shall be vested with authority to issue a decision on dissolution of a kindergarten, preschool or nursery school.

3. Documentation submitted to request approval of dissolution of a kindergarten, preschool or nursery school shall be composed of the following:

a) The decision on establishment of the inspection team issued by the district-level People’s Committee;

b) The inspection report;

c) The request form for the school dissolution made by the Subdepartment of Education and Training which clearly defines reasons for request for dissolution and present evidences that the school has violated regulations laid down in Point a, b and c Clause 1 of this Article, or the request form for dissolution made by the organization or individual as the school founder that clarifies reasons for such dissolution and approaches to dealing with legal rights and benefits of children, teachers, officers and employees of the school; plans to deal with assets of the dissolved school.

4. Implementation procedures:

a) The organization or individual that submitted the application for establishment of a kindergarten, preschool or nursery school shall send 01 set of documents to request dissolution, whether directly or by post, to the district-level People’s Committee;

b) When discovering, or receiving any report from an authority, organization or individual on, the school’s commission of any violation against regulations laid down in Point a, b and c Clause 1 of this Article, the district-level People’s Committee shall be responsible for commanding the Subdepartment of Education and Training to undertake and cooperate with relevant subdepartments in verification and completion of preparation of the dissolution documentation which must clarify reasons for such dissolution, and notify the school requesting for dissolution and report to the district-level People’s Committee within the permitted duration of 20 business days; 

c) Within the maximum duration of 10 business days of receipt of the request documentation for such dissolution, the President of the district-level People’s Committee shall consider whether or not a decision on dissolution of the kindergarten, preschool or nursery school is granted; 

d) The decision to dissolve a kindergarten, preschool or nursery school must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of school children, teachers, officers and employees, or plans to deal with the school's property, and ensure public disclosure, transparency as well as must be made known to the public through mass media.

Section 2. INDEPENDENTLY-RUN NURSERY GROUP OR PRESCHOOL CLASS (hereinafter sometimes referred to as group or class) 

Article 10. Eligibility requirements for establishment of independently-run nursery groups or preschool classes

1. Meet child daycare demands of families.

2. Have a staff of teachers satisfying qualification standards referred to in Article 77 of the Law on Education.

3. Provide child care, fostering and education rooms that are built in a rigid or semi-rigid manner, ensure safety, sufficient natural illumination, good ventilation and tidiness, and of which the area for child care, fostering and education activities must be at least 1.5 m² per a child; play spaces, fences and guard doors used for protecting safety for children and amenities suitable for children of various ages; spaces for serving meals to children which are required to have kitchens that have separate kitchens away from nursery centers and meet regulatory safety standards as well as comply with fire prevention and food hygiene regulations.  Provide a clean and adequate amount of drinking water for children as prescribed by laws.

4. Amenities necessary for an independent nursery group:

a) Activity and play mattresses or carpets, nap beds, blankets, pillows, mosquito nets, drinking water containers, toy storage racks, child towel racks and cup holders, infant potty chairs and teacher's chairs;  

b) Basic amenities for children such as toys, supplies and materials used for play and deliberate play and practice activities; 

c) A sufficient amount of personal care supplies for children;

d) Necessary supplies and materials for child carers, including instructional kits for child care and education activities; child progress monitoring record-books; record-books for monitoring of assets of the nursery group; materials used for promotion of parents’ knowledge about child care and education.

5. Amenities necessary for an independent preschool class:

a) Desks and chairs meeting stipulated standards for children, especially those under 5 years: Sets of one desk and two chairs for two children; one desk, one chair and one whiteboard for teachers; shelves for storage of supplies and toys; drinking and tap water tanks. There must be wooden sleeping boards or beds, blankets, pillows, mosquito nets and fans for children’s nap;

b) Basic amenities for children such as toys, supplies and materials used for play and deliberate play and practice activities; 

c) A sufficient amount of personal care supplies for children;

d) Necessary supplies and materials for kindergarten teachers, including instructional kits for child care and education activities; child progress monitoring record-books; journals for monitoring of child education activities; materials used for promotion of parents’ knowledge about child care and education.

6. As for areas where the network of early childhood education schools or classes has yet to match preschooling demands, individuals may organize child groups in order to meet parents' demands for child care, fostering and education activities and register such activities with the commune-level People's Committees as well as conform to eligibility requirements for registration of their operations, including:

a) The maximum number of children per a group is 07 children;

b) Carers of preschoolers must have good health, be tested negative for any infectious disease, have full capacity for civil conducts and have obtained the certificate of completion of the further improvement course in child care and parenting practices in accordance with applicable regulations;    

c) The nursery group must satisfy the minimum facility requirements as follows: It must have the child care and parenting room that covers a minimum area of 15 m²; ensure safety, well-ventilated space and fresh air; be furnished with safe supplies and toys suitable for children of particular ages; provide an adequate amount of personal supplies for children’s meals, naps and activities as well as equipment used for child care and parenting activities; provide sufficient drinking water daily for children; have toilet rooms and appliances intended for children; provide adequate clean water for children; enter into an agreement with parents on child care, fostering and safety guarantee activities; provide instructional materials for child care and education practices.

Article 11. Procedures and documentation requirements for establishment of an independently-run nursery group or preschool class

1. The President of the commune-level People’s Committee shall be vested with authority to grant the decision to approve establishment of an independent nursery group and preschool class.

2. Documentation submitted to request approval of establishment of a nursery group and preschool class shall be composed of the following:

a) The request form for permission for establishment of an independently-run nursery group or preschool class;

b) The non-public or private kindergarten, preschool and nursery school may rent unused head offices, facilities and equipment which are state-controlled or owned by public educational institutions for the purpose of organization of educational activities as per applicable laws and regulations;

c) The certified duplicate copy of teacher’s degree or certificate.

3. Implementation procedures:

a) The organization or individual shall send 01 set of documents referred to in Clause 2 of this Article, whether directly or by post, to the commune-level People’s Committee;

b) The commune-level People’s Committee shall handle and assess the submitted set of documents.  If the submitted set of documents has been found illicit, a written notification of contents that require modification must be sent to the applicant within the permitted duration of 05 business days of receipt of these documents; if such submitted documents have been judged valid, the written request for field inspection of eligibility requirements for establishment of an independent nursery group or preschool class must be sent to the Subdepartment of Education and Training;

c) Within the maximum period of 10 business days, the Subdepartment of Education and Training shall conduct the requested field inspection and submit its written opinions to the commune-level People’s Committee to define whether or not the independent nursery group or preschool class satisfies regulatory requirements for establishment;

d) Within the duration of 10 business days of receipt of the written response from the Subdepartment of Education and Training, the President of commune-level People’s Committee shall issue a decision on establishment or approval of establishment; in case of refusal to issue the decision, a written notification in which reasons for refusal to issue the decision on establishment or approval of establishment should be clearly specified shall be sent to the applicant and the Subdepartment of Education and Training.

Article 12. Merger, division and split-up of independently-run nursery groups or preschool classes

1. Merger, division or split-up of an independent nursery group or preschool class shall conform to the following requirements:

a) Conform to regulations on teachers, the number of children per a nursery group or preschool class, and classroom organization activities;

b) Assure safety, legal rights and benefits for children and teachers;

c) Contribute to improving the child care, parenting and education quality.

2. The President of the commune-level People’s Committee shall be vested with authority to grant the decision to approve merger, division or split-up of an independent nursery group and preschool class.

3. Documentation submitted to request approval of merger, division or split-up of a nursery group and preschool class shall be composed of the following:

a) The request form for merger, division or split-up of an independently-run nursery group or preschool class;

b) The certified duplicate copy of teacher’s degree or certificate.

4. Implementation procedures:

a) The organization or individual shall send 01 set of documents referred to in Clause 3 of this Article, whether directly or by post, to the commune-level People’s Committee. Within the maximum period of 05 business days of receipt of all legally required documents, the commune-level People’s Committee shall send the Subdepartment of Education and Training the written request for  inspection of eligibility requirements for merger, division or split-up of an independent nursery group or preschool class;

b) Within the maximum period of 10 business days, the Subdepartment of Education and Training shall consider conducting the requested field inspection and, if all regulatory requirements have been met, submit its written opinions to the commune-level People’s Committee;

c) Within the permissible duration of 10 business days of receipt of the written response from the Subdepartment of Education and Training, the President of commune-level People’s Committee shall decide whether merger, division or split-up is approved. In case of refusal to grant a decision to approve merger, division or split-up of a nursery group or preschool class, a written notification in which reasons for such refusal should be clearly stated shall be sent to the Subdepartment of Education and Training and the applicant.

Article 13. Suspension of educational operations of independent nursery groups or preschool classes

1. An independent nursery group or preschool class shall be subject to suspension of its educational operations when one of the following cases occurs:

a) It fails to meet one of the stipulated eligibility requirements for establishment referred to in Clause 2, 3, 4 and 5 Article 10 hereof;

b) It has committed any violation against regulations on imposition of penalties for administrative offences arising in the education industry to the extent that the decision on suspension thereof is granted.

2. The President of the commune-level People’s Committee shall be vested with authority to grant the decision to suspend educational operations of an independent nursery group and preschool class.

3. Implementation procedures:

a) The commune-level People’s Committee shall cooperate with the Subdepartment of Education and Training in establishment of the inspection team, organization of inspection activities and preparation of the assessment report on field inspection of realistic conditions of the group or class. Based on the inspection review report, the President of the commune-level People’s Committee shall decide whether or not the group or class is suspended. The decision on suspension of the group or class should clearly specify the reasons for, the duration of educational operations, corrective measures and must be published through mass media;

b) Upon expiration of the duration of suspension of educational operations, if the defaulting group or class has succeeded in correct violations, the President of the commune-level People’s Committee shall consider granting a decision on permission for restoration of educational operations of the group or class and publish this decision through mass media. In case of refusal to grant the decision on permission for restoration of educational operations, a written notice must be sent to the defaulting organization or individual, give clear reasons for such refusal and provide any possible solution;

c) Documents submitted to apply for restoration of educational operations shall be composed of the followings:

- The request form for permission for restoration of educational operations;

- The decision on establishment of the inspection team;

- Inspection report.

d) Processes for grant of permission for restoration of educational operations of an independent nursery group or preschool class shall be subject to Clause 3 Article 11 hereof.

Article 14. Dissolution of independently-run nursery groups or preschool classes

1. An independent nursery group or preschool class shall be dissolved when one of the following cases occurs:

a) Upon expiration of the duration of suspension of educational operations specified in the suspension decision, causes of such suspension have not been corrected yet;

b) The group or class has committed serious violations against applicable regulations on organization or operation of independent nursery groups or preschool classes;

c) The group or class is dissolved at the request of the organization or individual that submitted application for establishment of that group or class.

2. The President of the commune-level People’s Committee shall be vested with authority to decide whether or not an independent nursery group and preschool class is dissolved.

3. Implementation procedures:

a) The commune-level People's Committee shall cooperate with the Subdepartment of Education and Training in conduct of inspection activities and preparation of the inspection review report;

b) Based on the inspection review report, the President of the commune-level People’s Committee shall grant his/her decision on revocation of the establishment permit and on dissolution of the independent nursery group or preschool class. The dissolution decision must clearly specify reasons for such dissolution, provide approaches to assuring legal rights and benefits of school children, teachers, officers and employees and must be made known to the public through mass media.