Circular No. 49/2021/TT-BGDDT dated December 31, 2021 on promulation of regulations on organization and operation of independent daycare groups, independent kindergarten classes, independent nursery classes, in public and private form

CIRCULAR

ON PROMULATION OF REGULATIONS ON ORGANIZATION AND OPERATION OF PRIVATE INDEPENDENT DAYCARE GROUPS, INDEPENDENT KINDERGARTEN CLASSES, INDEPENDENT NURSERY CLASSES

Pursuant to Law on Education No. 43/2019/QH14 dated June 6, 2019;

Pursuant to Decree No. 69/2017/ND-CP dated May 25, 2017 of the Government defining the function, tasks, powers and organizational structure of the Ministry of Education and Training;

At the request of the Director General of the Preschool Education Department;

The Minister of Education and Training issues a Circular on promulgation of Regulations on organization and operation of independent daycare groups, independent kindergarten classes, independent nursery classes, in public and private form.

Article 1.Issue together with this Circular Regulations on organization and operation of private independent daycare groups, independent kindergarten classes, independent nursery classes.

Article 2.This Circular comes into force as of February 15, 2022. This Circular replaces regulations on private independent daycare groups, independent kindergarten classes, independent nursery classes in Article 14, Article 15 of Circular No. 13/2015/TT-BGDDT dated June 30, 2015 promulgating the organizational and operational regulations of private nursery schools and Article 1 of Circular No. 13/2018/TT-BGDDT dated May 30, 2018 on amendments to Article 14 of regulations on organization and operation of private nursery schools issued together with Circular No. 13/2015/TT-BGDDT dated June 30, 2015 of Minister of Education and Training.

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PP. MINISTER
DEPUTY MINISTER




Ngo Thi Minh

REGULATION

ON ORGANIZATION AND OPERATION OF PRIVATE INDEPENDENT DAYCARE GROUPS, INDEPENDENT KINDERGARTEN CLASSES, INDEPENDENT NURSERY CLASSES
(Issued together with Circular No. 49/2021/TT-BGDDT dated December 31, 2021 of the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

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2. This Regulation applies to independent nursery education institutions; organizations and individuals engaged in nursery education.

Article 2. Position of independent nursery education institutions

Independent nursery education institution is a type of nursery education institution in the national education system that investors or community invest facilities therein and maintain its eligibility for operation.

Article 3. Duties and entitlements of independent nursery education institutions

1. Make a plan for implementation of the nursery education program issued by the Minister of Education and Training; mobilize, use, and manage resources to fulfill the goal of nursery education; and promote the cause of education together with the State and meet the requirements of society.

2. Take care of and educate children from 03 months to 06 years old in conformity with the nursery education program.

3. Ensure that children may exercise their rights and fulfill their obligations.

4. Manage and train teachers and staff; childcare workers; ensure quality of children’s care and education and children’s physical and mental safety.

5. Manage children; provide mainstream education for children in special circumstances, children with disabilities (if any).

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7. Discharge other duties and exercise other rights in compliance with prevailing laws.

Article 4. Name and sign board of independent nursery education institution

1. Naming an independent nursery education institution

a) The name of an independent nursery education institution includes:

- Type of institution: independent daycare group, independent kindergarten class, or independent nursery classes;

- Business name of the independent nursery education institution.

The name of the independent nursery education institution shall be written on the establishment decision, sign board and transaction papers.

b) The business name of the independent nursery education institution must be clear and transparent and do not cause misapprehension about the organization and operation of the independent nursery education institution; in conformity with historical tradition, culture, ethics, fine customs and traditions of Vietnam and do not coincide with the business name of other nursery education institution in the same commune, ward, or town.

2. The sign board of an independent nursery education institution includes:

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b) Middle line: Name of the independent nursery education institution as prescribed in clause 1 of this Article, if a foreign name is used, add that foreign name below the Vietnamese name with a smaller font size;

c) Lower line: Address, phone number, website (if any), email address, number of the decision on approval for establishment.

Chapter II

ORGANIZATION AND MANAGEMENT

Section 1. INDEPENDENT DAYCARE GROUPS UP TO 7 CHILDREN

Article 5. Requirements and procedures for registration of operation, merger, total division, partial division, mandatory suspension, approval for resumption of operation, dissolution of independent daycare groups up to 7 children

Comply with regulations of the Government on requirements for investment and operation in educational sector.

Article 6. Owner of daycare group

1. Owner of daycare group is a person who establishes an independent daycare group up to 7 children in his/her name.

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- Be a citizen of the Socialist Republic of Vietnam;

- Have good moral qualities;

- Under 65 years old;

- Fit for work;

- Have a high school diploma or higher.

3. Duties and entitlements

a) Duties

- Direct and administer the children’s care and education;

- Give fairness and respect to children and childcare workers;

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- Purchase and manage facilities, equipment, utensils, toys, learning materials and documents catering for the children’s care and education;

- Ensure benefits and policies for children and childcare workers as per regulations;

- Comply with regulations on disclosure.

b) Entitlements

- Sign employment contracts with childcare workers as prescribed;

- Play as a childcare worker if fully qualified as prescribed;

- Agree a given tuition fee with children’s parents or guardians;

- Attend refresher courses in politics, professional practices, administration;

- Receive benefits as prescribed.

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1. Childcare worker is a person who directly take care of and educate children in an independent daycare group up to 7 children as agreed with or assigned by the owner of daycare group.

2. Qualifications for a childcare worker in an independent daycare group up to 7 children are governed by the Government in regulations on conditions for investment and operation in education sector.

3. Duties and entitlements

a) Duties

- Ensure that children are physically and mentally safe during their stay in an independent daycare group up to 7 children;

- Take care of and educate children in conformity with the nursery education program;

- Give fair treatment and respect personality of children; protect legitimate rights and interests of children;

- Help parents and guardians build their scientific knowledge of parenting practices; actively coordinate with families of children to take care of and educate children;

- Self-learn and improve professional practices in children’s care and education;

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b) Entitlements

- Receive respect and protection of dignity and honor and bodies; receive physical and mental benefits as prescribed;

- Exercise autonomy in taking care of and educating children; receive facilitation to take care of and educate children;

- Receive wages, salaries and participate in social insurance and receive other benefits as prescribed by law;

- Receive facilitation to attend refresher courses in children’s care and education; attend refresher courses in mainstream education for children with disabilities (if children with disabilities are admitted).

- Receive commendation, emulation titles and other titles as prescribed;

- Other rights in compliance with prevailing laws.

Article 8. Organization of daycare group

1. The age of children in an independent daycare group up to 7 children ranges from 3 months old to 36 months old.

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3. Each daycare group has no more than 01 child with disabilities.

Section 2. INDEPENDENT DAYCARE GROUPS MORE THAN 07 CHILDREN, INDEPENDENT KINDERGARTEN CLASSES, INDEPENDENT NURSERY CLASSES

Article 9. Requirements and procedures for registration of operation, merger, total division, partial division, mandatory suspension, approval for resumption of operation, dissolution of independent nursery education institutions

Comply with regulations of the Government on requirements for investment and operation in educational sector.

Article 10. Organizational structure

Organizational structure of an independent daycare group more than 07 children, independent kindergarten class, independent nursery class includes: owner; specialized manager; teachers, staff (if any) and daycare groups and kindergarten classes.

Article 11. Owner

1. Owner is a person or authorized person for the account of an organization who applies for establishment of an independent nursery education institution.

2. Qualifications

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- Have good moral qualities;

- Under 65 years old;

- Fit for work;

- Have a high school diploma or higher.

3. Duties and entitlements

a) Duties

- Direct and administer the children’s care and education;

- Give fair treatment and respect personality of children, teachers and staff;

- Direct and build an environment that is safe, healthy, friendly and free of violence;

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- Ensure benefits and polies for teachers and staff as prescribed;

- Comply with regulations on disclosure.

b) Entitlements

- Sign employment contracts with teachers and staff as prescribed;

- Also play as specialized manager, teacher or staff member if fully qualified as prescribed;

- Agree a given tuition fee with children’s parents or guardians;

- Attend refresher courses in politics, professional practices, administration;

- Receive benefits as prescribed. 

Article 12. Specialized manager

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2. Qualifications

- Have good moral qualities;

- Fit for work;

- Obtain at least a level 5 of VQF Advanced Diploma in nursery pedagogy;

- Have at least 3 years' experience in nursery education.

3. Duties and entitlements

Manage the taking care and education of children in conformity with the nursery education program, including:

- Make and initiate the plan for children’s care and education of the independent nursery education institution in conformity with the nursery education program;

- Inspect and supervise how teachers and staff in the independent nursery education institution take care of and educate children;

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- Make plans for specialized activities; provide training in specialized and professional guidelines for teachers and staff;

- Participate in evaluation, grading, suggest commendation for and disciplinary actions against teachers and staff as prescribed;

- Be liable for every professional activities, records in service of the children’s care and education and implementation of the nursery education program;

- Self-learn and improve the managerial capability;

- Perform tasks and exercise entitlement as agreed in the employment contract with the owner of the independent nursery education institution.

Article 13. Teachers, staff

1. Qualifications

a) Teachers and staff in an independent nursery education institution must meet all standards for professional ethics; academic education; proficiency and fitness as prescribed.

b) Teachers must be trained in mainstream education for children with disabilities (if children with disabilities are admitted).

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a) Duties of teachers

- Ensure that children are physically and mentally safe during their stay in the independent nursery education institution;

- Take care of and educate children in conformity with the nursery education program;

- Preserve the virtue, dignity, and prestige of a teacher; give fair treatment and respect personality of children; protect legitimate rights and interests of children; show solidarity and support to colleagues; follow the code of conduct for teachers; regulations on teachers' ethics as prescribed;

- Help parents and guardians build their scientific knowledge of parenting practices; actively coordinate with families of children to take care of and educate children;

- Self-learn and improve professional practices in children’s care and education;

- Comply with regulations of the independent nursery education institution and other regulations of law.

b) Duties of staff

- Perform the duties in question and as assigned by the owner of the independent nursery education institution;

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- Preserve their own virtue, dignity, and prestige of the independent nursery education institution; show solidarity and support to colleagues; follow the code of conduct for staff as prescribed;

- Attend refresher courses in professional practices to improve the quality of children’s care and education;

- Comply with regulations of the independent nursery education institution and other regulations of law.

c) Apart from the foregoing duties, the teachers and staff of an independent nursery education institution must perform the duties in the employment contract signed with the independent nursery education institution.

3. Rights of teachers and staff

- Receive respect and protection of dignity and honor and bodies; receive physical and mental benefits as prescribed;

- Exercise autonomy in performing professional duties under support of the specialized manager and the independent nursery education institution; receive facilitation to take care of and educate children;

- Also play as specialized manager if fully qualified as prescribed;

- Receive wages, salaries and participate in social insurance and receive other benefits as prescribed by law;

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- Receive commendation, emulation titles and other titles as prescribed;

- Other rights in compliance with prevailing laws.

Article 14. Organization of daycare groups, kindergarten classes

1. Children in an independent nursery education institution are categorized into daycare groups or kindergarten classes.

a) For daycare groups: Children from 03 to 36 months old shall be placed in daycare groups. The maximum number of children in a daycare group:

- Daycare group from 03 to 12 months old: 12 children;

- Daycare group from 13 to 24 months old: 20 children;

- Daycare group from 25 to 36 months old: 25 children.

b) For kindergarten classes: Children from 03 years to 06 years old shall be placed in kindergarten classes. The maximum number of children in a kindergarten class:

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- Kindergarten class from 4 to 5 years old: 30 children;

- Kindergarten class from 5 to 6 years old: 35 children.

2. If the number of children in a category of daycare group or kindergarten class is less than a half of the maximum number mentioned in points a, b clause 1 of this Article, then mix categories of daycare group or kindergarten class provided up to 20 children in a mixed-category daycare group, up to 30 children in a mixed-category kindergarten class, or up to 22 children in a mixed-category nursery class.

3. Each daycare group or kindergarten class has no more than 01 child with disabilities who receives mainstream education.

4. If a facility has not enough children to place in a daycare group or a kindergarten class as prescribed in this Article, the number of nursery teachers required shall be determined based on the average number of children by their ages of each category of daycare group or kindergarten class, in specific:

- For daycare groups: 01 teacher shall be in charge of 03 children from 3 to 12 months old or 08 children from 13 to 24 months old or 10 children from 25 to 36 months old;

- For kindergarten classes: 01 teacher shall be in charge of 11 children from 3 to 4 years old or 14 children from 4 to 5 years old or 16 children from 5 to 6 years old;

5. Each daycare group or kindergarten class has at least 02 teachers.

6. The number of children in an independent nursery education institution does not exceed 70 children.

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CHILDREN’S CARE AND EDUCATION

Article 15. Implementation of the nursery education program

1. Based on the nursery education program issued by the Minister of Education and Training, the independent nursery education institution shall plan and implement the children’s care and education in conformity with the culture and conditions of the locality, their facility, and the needs of children; fully perform the activities of taking care and education; flexibly organize pleasure and social activities, networking and experiences for children on a daily basis.

2. Hold health checkups for children: at least once in an academic year.

3. Assess the nutritional status of children based on growth charts as prescribed: at least once a month for children under 24 months old, once every 03 months for children at least 24 months old.

4. Assess the children development as prescribed.

5. Regarding children with disabilities who receive mainstream education, they shall be taken care of and educated in conformity with their capacity and in accordance with regulations on mainstream education for children with disabilities.

Article 16. Records of children’s care and education

1. Records of children’s care and education in an independent nursery education institution include:

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- Register of children;

- Logbook of plan for taking care and education;

- Logbook of serving sizes for children;

- Register of teachers and staff;

- Record of assets and finance;

- Record of professional activities.

2. E-documents shall be used in substitution of paper documents by roadmap in line with conditions of the locality and the independent nursery education institution and these types of e-documents must be legitimate. The management of e-documents shall be governed by the Department of Education and Training in accordance with regulations on standards for connection and data of the Ministry of Education and Training.

Chapter IV

FINANCE AND ASSETS

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1. The independent nursery education institution shall be located in a place that meets requirements pertaining to safety, environment hygiene, fire safety and rescue as prescribed.

2. The work items in service of the taking care and education of children are up to 03 storeys.

Article 18. Facilities

Minimum facility standards

a) Rooms for children’s care and education (hereinafter referred to as childcare rooms): Each group or class may exclusively use a room; at least 1,5m2 per child but not smaller than 24m2;

b) Restrooms: Each group or class may exclusively use a restroom; at least 0,4m2 per child; sanitary ware and appliances shall be installed in a manner easily accessible to children. In case a shared restroom must be linked to the childcare room by a corridor, it must be convenient for use and easy to observe;

c) The area of indoor playground must be at least 0,5m2 per child or that of outdoor playground must be at least 1,0m2 per child;

d) Places where children's meals are provided or kitchens must be at least 0.3 m2 per child but not less than 10m2; and they must be independent or installed a door separated from the childcare rooms;

dd) There are separate restrooms for teachers and staff;

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g) There is enough drinking water and tap water for children for use on daily basis, the quality of water sources must meet the prescribed standards.

2. Minimum facility standards for independent daycare groups up to 07 children: Childcare rooms must be safe, enough natural light, airy, cool, with an area of at least 24m2; have restrooms and sanitary ware suitable for children; window bars, stair railings and adequately safe electrical equipment; have enough drinking water and tap ware for children to use on daily basis, the quality of water sources must meet the prescribed standards.

Article 19. Teaching utensils, toys, learning materials, teaching materials and equipment

1. The independent nursery education institution must equip minimum teaching utensils, toys, learning materials, teaching materials and equipment for children, teachers and for common use as prescribed by the Ministry of Education and Training, suitable for the age and number of children per group and class.

2. The independent nursery education institution must, based on requirements and principles of selection of toys and materials; the school year plan; annual thematic plan; practical needs of children’s care and education activities to select and use appropriate utensils, toys, learning materials with quality assurance.

3. Encourage independent nursery education institutions to purchase modern and advanced utensils, toys, learning materials and teaching aids to improve the quality of children’s care and education.

Article 20. Management of finance and assets

1. The assets of an independent nursery education institution shall be managed in accordance with laws. Each members of the independent nursery education institution shall preserve and protect common assets.

2. The proceeds and expenses from sources of finance of the independent nursery education institution shall be managed in accordance with laws in force.

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Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS

Article 21. Responsibilities of Department of Education and Training

1. Guide, supervise, and inspect the implementation of the regulations prescribed in this Circular by independent nursery education institutions and organizations and individuals according to their competence.

2. Guide Committee divisions of Education and Training to perform professional tasks in relation to independent nursery education institutions.

3. Give counsel to the People's Committee of province on policies on support the improvement of quality of children’s care and education of independent nursery education institutions.

4. Give commendation or request competent authorities to give commendation to independent nursery education institutions and individuals who have many achievements in local educational activities.

5. Implement the inspection, settlement of complaints and whistleblowing reports and actions against violations as per the law.

6. Release statistics and send periodical and ad-hoc reports on independent nursery education institutions to the People's Committee of province and the Ministry of Education and Training as prescribed.

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1. Guide, supervise, and inspect the implementation of the regulations prescribed in this Circular by independent nursery education institutions and organizations and individuals according to their competence.

2. Cooperate with the People’s Committee of commune in inspecting and imposing mandatory suspension on independent nursery education institutions if they show signs of violations against law; reporting the violations to competent authorities to have timely actions against violations.

3. Give guidelines for state management of education to the People’s Committee of commune

4. Guide professional practices for independent nursery education institutions; direct public nursery schools to support professional practices and supervise independent nursery education institutions in the locality.

5. Give commendation or request competent authorities to give commendation to independent nursery education institutions and individuals who have many achievements in educational activities.

6. Take actions against breaches of the regulations of this Circular committed by independent nursery education institutions, organizations and individuals.

7. Give counsel to the People’s Committee of district on universalization of nursery education and mobilize children to attend groups and classes in independent nursery education institutions based on practical needs of the locality.

8. Release statistics and send periodical and ad-hoc reports on independent nursery education institutions to the People's Committee of district and the Department of Education and Training as prescribed.

Article 23. Responsibilities of the People’s Committee of commune

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2. Arrange personnel to manage independent nursery education institutions; be held liable for educational activities within its scope of management.

3. Mobilize associations, unions, organizations and individuals to support the operation of independent nursery education institutions; develop a monitoring mechanism for the operation of independent nursery education institutions in a community-based way, in order to enable the people to participate in supervising the children’s care and education in the locality.

4. Give counsel to the People’s Committee of district on commendation, encouragement and policies for independent nursery education institutions in the locality; mobilize various resources to improve the quality of children’s care and education of independent nursery education institutions.

5. Settle complaints and whistleblowing reports; take actions against independent nursery education institutions, organizations, individuals who commit violations against law.

6. Release statistics and send periodical and ad-hoc reports related to field of education under its management to the People's Committee of district.

Article 24. Responsibilities of independent nursery education institutions

1. Be held accountable to the law and education authorities, parents or guardians of children for any activities of teachers, staff; childcare workers and children during their stay at independent nursery education institutions.

2. Invest and provide extra adequately qualified utensils, toys, learning materials, teaching materials and aids on annual basis, implement the nursery education program as prescribed.

3. Cooperate with children’s families and local governments in providing children’s care and education.

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5. Cooperate with relevant agencies, socio-political organizations in promoting the cause of nursery education, disseminating child parenting knowledge to the parents and the community.

Article 25. Responsibilities of families and society

1. Each family shall contact and exchange with the independent nursery education institution to keep informed on the child to cooperate in the child’s care and education at home; actively join activities of the independent nursery education institution.

2. Voluntarily contribute wisdom, effort, funding and materials to improve the facilities and strengthen activities of independent nursery education institutions, exercise the oversight right to make effective use of resources.

3. Participate in and enable children to participate in community activities with suitable contents and forms so as to improve the quality of children’s care and education.