LEGAL SERVICES FOR THE ESTABLISHMENT OF PRIMARY SCHOOLS

A primary school is an educational institution at the primary education level, which serves as the foundational level of the national education system. A primary school provides education from Grade 1 to Grade 5 and has independent legal entity status and its own official seal.

A private school is a school established by individuals who invest in the construction of facilities and ensure funding for its operations.

Together with Huy Hoang Law Firm, let us explore the conditions, procedures, and legal process for the establishment of a private primary school in accordance with applicable Vietnamese laws and regulations.

1. Conditions for the Establishment of a Private Primary School

There must be a school establishment proposal consistent with the approved planning of the network of educational institutions as approved by the competent state authority, meeting the local socio-economic development requirements and facilitating students’ access to schooling, thereby ensuring the implementation of universal primary education.

The school establishment proposal must clearly specify the objectives, tasks, educational program, facilities, equipment, proposed location and land area for school construction; organizational structure, human resources and financial capacity; as well as the strategic orientation for the establishment and development of the school.

1.1. Conditions Regarding Facilities

The land area for school construction shall be determined based on the number of classes, number of students, and regional characteristics, with an average minimum of:

• 10 m² per student in rural and mountainous areas;
• 06 m² per student in urban areas and towns.

In areas facing land constraints, the land use area may be substituted by gross floor area, provided that the minimum area requirements prescribed by law are fully satisfied.

The structure of the school facilities must include:

• Protective fencing for the school campus; school gate; school name signboard; classrooms; principal’s office; vice principal’s office; administrative office; meeting room; teachers’ room; library; educational equipment room; computer room; traditional room and team activity room; school medical room; security office;
• Art education rooms; audio-visual classrooms; student counseling room; support rooms for inclusive education for students with disabilities; physical education room or multipurpose hall;
• Sanitary facilities for teachers, students, and students with disabilities; waste storage area and hygienic water supply and drainage systems; parking areas for students, teachers, and staff; playground area occupying no less than 30% of the total school land area, ensuring student safety;
• Cafeteria and rest areas that meet health and safety requirements for students enrolled in semi-boarding programs.

The school must be equipped with at least the minimum teaching and learning equipment in accordance with the list of minimum educational equipment promulgated by the Ministry of Education and Training.

1.2. Conditions Regarding Professional Requirements

The school must implement educational programs and teaching and learning materials in accordance with regulations applicable to primary education.

There must be a team of teachers, managerial staff, and employees who meet the prescribed standards, are sufficient in number, appropriately structured, and capable of effectively implementing the educational program.

1.3. Conditions Regarding Financial Capacity

The investor must have adequate financial resources as prescribed by law to ensure the sustainable operation and development of educational activities.

2. Procedures for Establishment and Operation of Educational Activities

a) The organization or individual shall submit 01 complete application dossier as prescribed in Clause 2 of this Article via the online public service portal, by postal service, or directly to the commune-level People’s Committee;

b) Within 05 working days from the date of receipt of a complete dossier, if the dossier is deemed invalid or incomplete, the commune-level People’s Committee shall notify in writing the organization or individual of the contents requiring amendment or supplementation;

c) Within 20 working days from the date of receipt of a valid and complete dossier, the commune-level People’s Committee shall organize the appraisal of the conditions for establishment or permission for establishment of a primary school.

• If all conditions are satisfied, the Chairperson of the commune-level People’s Committee shall issue a decision on the establishment or permission for establishment of the primary school;
• If the conditions are not fully satisfied, the commune-level People’s Committee shall issue a written notice to the organization or individual requesting establishment or permission for establishment of the primary school, clearly stating the reasons for refusal.

The Decision on the establishment or permission for establishment of a primary school (made in accordance with Form No. 10, Appendix II promulgated together with this Decree) shall be publicly disclosed through mass media.

Conditions for Permission to Conduct Educational Activities

The conditions for being permitted to conduct educational activities include:

• Having land, facilities, and equipment that satisfy the requirements for educational activities; the school location must ensure an appropriate educational environment and safety for learners, teachers, and employees;
• Having educational programs and teaching and learning materials in accordance with applicable regulations and appropriate to each education level and training program; having a team of teachers and managerial staff who meet the prescribed standards, are sufficient in number, and are appropriately structured to ensure the effective implementation of educational programs and the organization of educational activities;
• Having adequate financial resources as required by law to ensure the maintenance and development of educational activities;
• Having regulations on the organization and operation of the school.

With its extensive experience, Huy Hoang Law Firm takes pride in being a trusted provider of cost-effective and efficient legal services for the establishment of primary schools, ensuring the shortest possible processing time for our clients. 

Huy Hoang Law Firm

📞 Telephone: +84 944 580 222
📧 Email: tuvan@luathuyhoang.vn
🌐 Website: https://luathuyhoang.vn/
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