Thông tư 13/2018/TT-BGDĐT sửa đổi Điều 14 Quy chế tổ chức, hoạt động trường mầm non tư thục tại Thông tư 13/2015/TT-BGDĐT

THE MINISTRY OF EDUCATION AND TRAINING

Circular No. 13/2018/TT-BGDDT dated May 30, 2018 of the Ministry of Education and Training on amending the Article 14 of the Regulation on organization and operation of private preschools enclosed with the Circular No. 13/2015/TT-BGDDT dated June 30, 2015 of the Ministry of Education and Training

Pursuant to the Law on education dated June 14, 2005; the Law dated November 25, 2009 on amendments to the Law on education;

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

Pursuant to the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 elaborating and guiding the implementation of certain articles of the Law on education; the Government’s Decree No. 31/2011/ND-CP dated May 11, 2011 on amendments to the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 elaborating and guiding the implementation of certain articles of the Law on education; the Government’s Decree No. 07/2013/ND-CP dated January 09, 2013 on amending Point b Clause 13 Article 1 of the Government’s Decree No. 31/2011/ND-CP dated May 11, 2011 on amendments to the Government’s Decree No. 75/2006/ND-CP dated August 02, 2006 elaborating and guiding the implementation of certain articles of the Law on education;

Pursuant to the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 prescribing regulatory requirements for educational investment and operation;

Pursuant to Decision No. 14/2008/QD-BGDDT dated April 07, 2008 by the Minister of Education and Training on enacting the Preschool Charter, as amended in the Circular No. 44/2010/TT-BGDDT dated December 30, 2010, the Circular No. 05/2011/TT-BGDDT dated February 10, 2011 and the Circular No. 09/2015/TT-BGDDT dated May 14, 2015 by the Minister of Education and Training on amendments to the Preschool Charter;

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

The Minister of Education and Training promulgates a Circular providing amendments to Article 14 of the Regulation on Organization and Operation of private preschools enclosed with the Circular No. 13/2015/TT-BGDDT dated June 30, 2015 by Minister of Education and Training.

Article 1.To amend and supplement theArticle 14 of the Regulation on Organization and Operation of private preschools enclosed with the Circular No. 13/2015/TT-BGDDT dated June 30, 2015 by Ministry of Education and Training as follows:

“Article 14. Organizational structure and management of operations of private independent preschool education groups and classes

1. Private independent preschool education groups and classes are classified as other education institutions of the national education system. Organizational structure of a group or class: Head of the group or class; officer in charge of preschool education activities, teachers, employees and children.

2. The officer in charge of preschool education activities of a private independent preschool education group or class shall be appointed by that group or class’s head under terms and provisions of the signed labor contract. Such officer must:

a) possess an intermediate professional education diploma in early childhood pedagogy or higher; have a good health; meet standards pertaining to the professional title and professional standards of a preschool teacher;

b) manage child care and education activities in conformity with the preschool education program. To be specific: prepare and organize the implementation of educational plans; monitor and supervise child care, parenting and education activities carried out at the group or class premises;

c) If the head of a private independent preschool education group or class is allowed to act as the officer in charge of preschool education activities of that group or class if he/she fulfills all of the requirements specified in Point a of this Clause.

3. The maximum number of children of a private preschool education group or class is 70 (seventy).

Age and quantity of children of each group or class must adhere to provisions of the preschool charter.

4. Eligibility requirements and procedures for establishment, merger, full or partial division, suspension or dissolution of private preschool education groups and classes are carried out in accordance with regulations of Article 10, Article 11, Article 12 and Article 13 of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017.

5. As for areas where the network of early childhood education schools has yet to match pre-schooling 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 as prescribed in Clause 6 Article 10 of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017.

6. The commune-level People’s Committee shall organize periodical and unscheduled inspections of activities of private independent preschool education groups/ classes and child groups regulated in Clause 6 of this Article in order to punctually discover and take actions against violations against applicable laws and regulations.”

Article 2.This Circular takes effect on July 15, 2018.

Article 3.Chief of the Ministry’s Office, Director General of the Department of Pre-school Education, and heads of relevant units affiliated to the Ministry of Education and Training, Presidents of People’s Committees of central-affiliated cities or provinces, and Directors of provincial-level Departments of Education and Training shall implement this Circular.

For the Minister

The Deputy Minister

Nguyen Thi Nghia