Conditions for Establishing a Preschool under Decree No. 360/2026/ND-CP

I. Conditions for establishing or permitting the establishment of a preschool

1. Conforming to the socio-economic development strategy, planning, and requirements of the locality where the preschool is headquartered.

2. Having a proposed construction site that aligns with local planning or is permitted by a competent authority for the conversion of residential land, land for the construction of agency headquarters, public non-business works other than education and training works, or non-agricultural production and business land into land for education and training purposes; while simultaneously meeting the standards on location, scale, and area for preschools as prescribed by the Ministry of Education and Training. For inner-city areas of special-class urban centers, the construction floor area shall be calculated as equivalent to the land area, provided that it is not lower than the minimum average land area per child prescribed by the Ministry of Education and Training.

II. Procedures for establishing or permitting the establishment of a preschool

1. Application dossier includes:

a) A written request for the establishment or permission for the establishment of a preschool using Form No. 03 in the Appendix attached to this Decree;

b) Legal documents proving land use rights, house ownership, or a lease contract for the premises and physical facilities with a minimum term of 05 years.

Agencies, organizations, and individuals are not required to submit copies of dossier components if the competent authority can retrieve and use the corresponding information from national databases, specialized databases, or if such documents have already been digitized in accordance with regulations.

2. Implementation sequence:

a) For public preschools: The specialized agency shall preside over and coordinate with relevant units to prepare the dossier specified in Clause 1 of this Article and submit it to the competent authority for consideration and decision. Within 12 working days from the date of receiving a complete and valid dossier, the competent authority shall decide on the establishment of the preschool;

b) For people-founded preschools, private preschools, and preschools proposed by foreign diplomatic missions or intergovernmental international organizations: The organization or individual shall submit 01 set of the dossier specified in Clause 1 of this Article via the National Public Service Portal, by postal service, via VNeID, or directly to the Single-Window Section of the receiving agency of the competent authority. Within 02 working days from the date of receiving the dossier, if the dossier is incomplete or invalid, the receiving agency must notify the organization or individual in writing—sent directly, by postal service, or via email—regarding the contents requiring amendment or supplementation. Within the time limit specified at Point a of this Clause from the date of receiving a complete and valid dossier, the specialized agency shall coordinate with relevant units to organize an appraisal of the dossier to assess compliance with the conditions and submit it to the competent authority for consideration and decision on permitting the establishment; if the conditions are not yet met, a written notice must be sent directly, by postal service, or via email to the organization or individual stating the reasons clearly;

c) For preschools affiliated with higher education institutions and colleges offering teacher training programs: The higher education institution or college shall prepare 01 set of the dossier as prescribed in Clause 1 of this Article and submit it to the competent authority to decide on the establishment of the preschool following the sequence specified at Point b of this Clause;

d) The decision on the establishment or permission for the establishment of a preschool, made according to Form No. 08 in the Appendix attached to this Decree, shall be sent directly or by postal service to the organization or individual and publicly announced via mass media and the electronic portal of the issuing competent authority.

III. Conditions for licensing educational operations of a preschool

1. Having minimum physical facilities, supplies, toys, learning materials, and teaching equipment that meet the regulations of the Ministry of Education and Training.

For people-founded and private preschools (including preschools proposed by foreign diplomatic missions or intergovernmental international organizations), there must be a roadmap to ensure minimum physical facilities meeting the regulations of the Ministry of Education and Training in alignment with the preschool's maximum projected scale.

2. Having a contingent of educational institution administrators, teachers, educational support staff, and employees that is sufficient in number and meets job position requirements to organize child nurturing, care, and education activities fulfilling the requirements of the early childhood education program.

3. Having financial resources to ensure the maintenance and development of educational operations:

a) For private preschools, the investment level must be at least VND 30 million per child (excluding land use costs). The minimum total investment capital is calculated based on the time when the preschool reaches its maximum projected scale. The investment capital plan must correspond to the projected scale of each phase.

In cases where a private preschool does not construct new physical facilities but only leases or utilizes existing physical facilities to deploy operations, the minimum investment level must reach at least 70% of the investment level specified at this Point; b) For public and people-founded preschools, financial resources shall be guaranteed by the competent managing authority or the local residential community to organize child nurturing, care, and education activities meeting the requirements of the early childhood education program as prescribed.

IV. Procedures for licensing educational operations of a preschool

1. Application dossier includes:

a) A written request for licensing educational operations using Form No. 04 in the Appendix attached to this Decree, which explains the fulfillment of the conditions specified in Article 9 of this Decree, accompanied by supporting evidence (if any);

b) For people-founded and private preschools, the dossier must be accompanied by documents proving financial resources, the amount of money, and assets already invested or committed to be invested in alignment with the preschool's projected operational scale, including one or more of the following documents depending on the form of capital contribution, capital source, type of contributed assets, and status of capital contribution at the time of dossier submission: credit contracts or credit-granting commitments from credit institutions or foreign bank branches to invest in the preschool; written confirmation of freezing funds in the investor's payment account; money transfer vouchers and documents for financial resources already allocated or invested; vouchers, contracts, acceptance minutes, payment records, or other lawful documents proving the value of capital already invested in construction and procurement of physical facilities, technical infrastructure, and equipment; documents proving lawful ownership or use rights for contributed assets accompanied by documents determining the value of contributed assets in accordance with the law on enterprises and relevant laws, if contributing capital by assets.

2. Implementation sequence:

a) The preschool shall submit 01 set of the dossier specified in Clause 1 of this Article via the National Public Service Portal, via VNeID, by postal service, or directly to the Single-Window Section of the dossier-receiving agency of the competent authority. Within 02 working days from the date of receiving the dossier, if the dossier is incomplete or invalid, the receiving agency must notify the preschool in writing—sent directly, by postal service, or via email—regarding the contents requiring amendment or supplementation;

b) Within 12 working days from the date of receiving a complete and valid dossier, the specialized agency shall preside over and coordinate with relevant units to organize an appraisal to assess compliance with the conditions for licensing educational operations, and submit it to the competent authority for consideration and decision on licensing educational operations; if the conditions are not yet met, a written notice must be sent directly, by postal service, or via email to the preschool stating the reasons clearly;

c) The decision on licensing educational operations for the preschool, made according to Form No. 08 in the Appendix attached to this Decree, shall be sent directly or by postal service to the preschool and publicly announced via mass media and the electronic portal of the issuing competent authority.

V. Cases of enrollment suspension and suspension of educational operations of a preschool

1. A preschool shall have its enrollment suspended when falling into one of the following cases:

a) During its operation, it fails to ensure one of the conditions for licensing educational operations specified in Article 9 of this Decree;

b) It organizes educational operations at a location other than the licensed location;

c) It violates legal regulations to an extent that requires suspension of enrollment.

2. A preschool shall have its educational operations suspended when falling into one of the following cases:

a) Upon the expiration of the enrollment suspension period specified in Clause 1 of this Article, it fails to remedy the causes leading to the suspension;

b) During the enrollment suspension period specified in Clause 1 of this Article, it still deliberately organizes enrollment in violation of regulations;

c) It violates legal regulations to an extent that requires suspension of educational operations.

3. The duration of enrollment suspension or suspension of educational operations for a preschool shall be specifically determined in the suspension decision, but shall not exceed 12 months.

VI. Procedures for enrollment suspension and suspension of educational operations of a preschool

1. Implementation sequence:

a) Upon discovering that a preschool falls into a case specified in Article 11 of this Decree, the specialized agency shall organize an inspection to assess the actual situation, draw up an inspection record, and notify the preschool in writing—sent directly or by postal service—for explanation, except in cases where immediate suspension is required to ensure the rights and safety of learners or state management requirements;

b) Within 05 working days from the date there are sufficient grounds for suspension, the specialized agency shall compile a dossier and submit it to the competent authority for consideration and issuance of the suspension decision; the decision must clearly state the reasons for suspension, the suspension duration, measures to ensure the lawful rights and interests of children, educational institution administrators, teachers, educational support staff, and employees, as well as remediation responsibilities;

c) The suspension decision, made according to Form No. 08 in the Appendix attached to this Decree, shall be sent directly or by postal service to the preschool and publicly announced via mass media and the electronic portal of the issuing competent authority.

2. Upon the expiration of the suspension period, the preschool is responsible for reporting the results of remedying the causes leading to the suspension, accompanied by supporting documents (if any), to the competent authority that issued the suspension decision. The preschool may resume enrollment or educational operations after the competent authority confirms that the causes leading to the suspension have been fully remedied, or upon the expiration of 05 working days from the date of receiving the report without any written request from the competent authority for continued inspection or handling.

VII. Cases of revoking the decision on establishment or permission for establishment, and revoking the decision on licensing educational operations of a preschool

1. A preschool shall have its decision on establishment or permission for establishment revoked when falling into one of the following cases:

a) Within 24 months from the effective date of the decision on establishment or permission for establishment, the preschool fails to obtain a license for educational operations;

b) Within 12 months from the date of revocation of the decision on licensing educational operations, it fails to remedy the causes or fails to carry out procedures to apply for a new license for educational operations;

c) The decision on establishment or permission for establishment was issued ultra vires (without proper authority) or not in accordance with prescribed sequences and procedures;

d) Committing fraudulent acts or providing false information in the application dossier for establishment or permission for establishment;

e) Violating legal regulations to an extent that requires revocation of the decision on establishment or permission for establishment.

2. A preschool shall have its decision on licensing educational operations revoked when falling into one of the following cases:

a) Within 12 months from the effective date of the decision on licensing educational operations, the preschool fails to deploy educational operations;

b) Upon the expiration of the suspension period for educational operations specified in Clause 3, Article 11 of this Decree, the preschool fails to remedy the causes leading to the suspension;

c) The decision on licensing educational operations was issued ultra vires or not in accordance with prescribed sequences and procedures;

d) Committing fraudulent acts or providing false information in the application dossier for licensing educational operations; e) Violating legal regulations to an extent that requires revocation of the decision on licensing educational operations.

VIII. Procedures for revoking the decision on establishment or permission for establishment, and revoking the decision on licensing educational operations of a preschool

1. Implementation sequence:

a) Upon discovering or having grounds to determine that a preschool falls into a case specified in Article 13 of this Decree, the specialized agency shall organize an inspection, draw up a record, and notify the preschool in writing—sent directly, by postal service, or via email—for explanation, except in cases where immediate revocation is required to ensure the rights and safety of learners or state management requirements;

b) Within 05 working days from the date there are sufficient grounds for revocation, the specialized agency shall compile a dossier and submit it to the competent authority for consideration and issuance of the corresponding revocation decision; the decision must clearly state the reasons for revocation, measures to ensure the lawful rights and interests of children, educational institution administrators, teachers, educational support staff, and employees, as well as remediation responsibilities;

c) The revocation decision, made according to Form No. 08 in the Appendix attached to this Decree, shall be sent directly or by postal service to the preschool and publicly announced via mass media and the electronic portal of the issuing competent authority. Within 05 working days from the effective date of the decision, the preschool is responsible for returning the original revoked decision to the issuing agency. After the decision revoking the decision on establishment or permission for establishment of the preschool takes effect, land and assets attached to land shall be handled in accordance with relevant laws.

2. For cases of revocation due to the decision being issued ultra vires or not in accordance with prescribed sequences and procedures, the competent authority shall review the sequences, procedures, and conditions; if all prescribed requirements are met, within 03 working days from the effective date of the revocation decision, the competent authority is responsible for issuing a decision on establishment or permission for establishment, or a decision on licensing educational operations for the preschool in accordance with regulations.

IX. Conditions for merger, division, and separation of a preschool

1. Conforming to the socio-economic development strategy, planning, and requirements of the locality.

2. The newly formed preschool after division or separation must fully satisfy the conditions for establishment or permission for establishment specified in Article 7 and the conditions for licensing educational operations specified in Article 9 of this Decree.

Procedures for merger, division, and separation of a preschool

1. Application dossier includes: A written request for the merger, division, or separation of a preschool using Form No. 05 in the Appendix attached to this Decree, which details the plan for handling personnel, finance, assets, land, and children, as well as the roadmap for ensuring the continuous operation of the preschool.

2. Implementation sequence:

a) For public preschools: The specialized agency shall preside over and coordinate with relevant units to prepare the dossier as prescribed in Clause 1 of this Article and submit it to the competent authority for consideration and decision. Within 12 working days from the date of receiving a complete and valid dossier, the competent authority shall decide on the merger, division, or separation of the preschool and simultaneously decide on licensing educational operations for the newly formed preschool;

b) For people-founded preschools, private preschools, and preschools proposed by foreign diplomatic missions or intergovernmental international organizations: The organization or individual shall submit 01 set of the dossier via the National Public Service Portal, via VNeID, by postal service, or directly to the Single-Window Section of the dossier-receiving agency of the competent authority. Within 02 working days from the date of receiving the dossier, if the dossier is incomplete or invalid, the receiving agency must notify the organization or individual in writing—sent directly, by postal service, or via email—regarding the contents requiring amendment or supplementation.

Within the time limit specified at Point a of this Clause from the date of receiving a complete and valid dossier, the specialized agency shall coordinate with relevant units to organize an appraisal to assess compliance with the conditions for merger, division, or separation, and submit it to the competent authority for decision on the merger, division, or separation of the preschool; if the conditions are not yet met, a written notice must be sent directly, by postal service, or via email to the organization or individual stating the reasons clearly. Immediately after the decision on the merger, division, or separation of the preschool takes effect, the competent authority shall decide on licensing educational operations for the newly formed preschool;

c) For preschools affiliated with higher education institutions and colleges offering teacher training programs: The higher education institution or college shall prepare 01 set of the dossier as prescribed in Clause 1 of this Article and submit it to the competent authority to decide on the merger, division, or separation of the preschool following the sequence specified at Point b of this Clause; d) The decision on the merger, division, or separation of a preschool and the decision on licensing educational operations for the preschool formed after the merger, division, or separation, made according to Form No. 08 in the Appendix attached to this Decree, shall be sent directly or by postal service to the organization or individual and publicly announced via mass media and the electronic portal of the issuing competent authority.

X. Cases of dissolution of a preschool

A preschool shall be dissolved when falling into one of the following cases:

1. Having its decision on establishment or permission for establishment revoked;

2. At the request of the agency, organization, or individual that established the preschool.

Procedures for dissolution of a preschool

1. Application dossier for dissolution under Clause 2, Article 17 of this Decree: A written request for dissolution from the organization or individual that proposed the establishment of the preschool using Form No. 06 in the Appendix attached to this Decree, clearly stating the reasons and the plan for handling organizational structure, personnel, finance, assets, land, children, and other related matters.

2. Implementation sequence:

a) For dissolution under Clause 1, Article 17 of this Decree: Within 03 working days from the effective date of the decision revoking the decision on establishment or permission for establishment, the competent authority shall decide on the dissolution of the preschool;

b) For dissolution of a public preschool under Clause 2, Article 17 of this Decree: The specialized agency shall preside over and coordinate with relevant units to prepare the dossier as prescribed in Clause 1 of this Article and submit it to the competent authority for consideration and decision on dissolution within 05 working days;

c) For dissolution of people-founded preschools, private preschools, and preschools proposed by foreign diplomatic missions or intergovernmental international organizations under Clause 2, Article 17 of this Decree: The organization or individual shall submit 01 set of the dossier specified in Clause 1 of this Article via the National Public Service Portal, via VNeID, by postal service, or directly to the Single-Window Section of the dossier-receiving agency of the competent authority. Within 02 working days from the date of receiving the dossier, if the dossier is incomplete or invalid, the receiving agency must notify the organization or individual in writing—sent directly, by postal service, or via email—regarding the contents requiring amendment or supplementation.

Within the time limit specified at Point b of this Clause from the date of receiving a complete and valid dossier, the specialized agency shall preside over and coordinate with relevant units to appraise the dossier and submit it to the competent authority for consideration and decision on dissolution; if the conditions are not yet met, a written notice must be sent directly, by postal service, or via email to the organization or individual stating the reasons clearly;

d) For dissolution of preschools affiliated with higher education institutions and colleges offering teacher training programs under Clause 2, Article 17 of this Decree: The higher education institution or college shall prepare 01 set of the dossier as prescribed in Clause 1 of this Article and submit it to the competent authority to decide on the dissolution of the preschool following the sequence specified at Point c of this Clause;

e) The decision on the dissolution of a preschool, made according to Form No. 08 in the Appendix attached to this Decree, shall be sent directly or by postal service to the organization or individual and publicly announced via mass media and the electronic portal of the issuing competent authority. After the decision on the dissolution of the preschool takes effect, land and assets attached to land shall be handled in accordance with relevant laws.