Delimitation of authority in the field of education

The Government has just issued Decree No. 142/2025/ND-CP regulating the division of authority between two-level local authorities in the field of state management of the Ministry of Education and Training.

Delimitation of authority in the field of preschooleducation

According to the Decree, the authority to establish or permit the establishment, permit educational activities, suspend educational activities, merge, divide, separate, and dissolve public, private, and non-public nurseries, kindergartens, and preschools prescribed in Clause 1, Article 4, Clause 1, Article 6, Clause 2, Article 7, Clause 2, Article 8, and Clause 2, Article 9 of Decree No. 125/2024/ND-CP of the Government regulating conditions for investment and operation in the field of education is exercised by the Chairman of the People's Committee at the commune level.

Converting private kindergartens to non-profit private kindergartens

The authority to convert private kindergartens invested by foreign investors and ensuring operating conditions specified in Point b, Clause 2, Article 6 of Decree No. 84/2020/ND-CP of the Government detailing a number of articles of the Law on Education is implemented by the Chairman of the Provincial People's Committee.

The authority to convert private kindergartens invested by domestic investors and ensuring operating conditions specified in Point b, Clause 2, Article 6 of Decree No. 84/2020/ND-CP is exercised by the Chairman of the People's Committee at the commune level.

Delimitation of authority in the field of general education

The authority to establish or permit the establishment, permit educational activities, suspend educational activities, merge, divide, separate, and dissolve public and private primary schools as prescribed in Clause 1, Article 16, Clause 1, Article 18, Clause 2, Article 19, Clause 2, Article 20, and Clause 2, Article 21 of Decree No. 125/2024/ND-CP is exercised by the Chairman of the People's Committee at the commune level.

The authority to establish or permit the establishment, permit educational activities, suspend educational activities, merge, divide, separate, or dissolve junior high schools and multi-level general schools with the highest level being junior high school as prescribed in Clause 1, Article 26, Clause 1, Article 28, Clause 2, Article 29, Clause 2, Article 30, and Clause 2, Article 31 of Decree No. 125/2024/ND-CP is exercised by the Chairman of the People's Committee at the commune level.

The authority to establish or permit the establishment, merger, division, separation, or dissolution of high schools and multi-level general schools with the highest level being high school as prescribed in Clause 1, Article 26, Clause 2, Article 30, and Clause 2, Article 31 of Decree No. 125/2024/ND-CP is exercised by the Chairman of the Provincial People's Committee.

The authority to permit educational activities and suspend educational activities for high schools and multi-level general schools with the highest level being high school as prescribed in Clause 1, Article 28 and Clause 2, Article 29 of Decree No. 125/2024/ND-CP is exercised by the Director of the Department of Education and Training.

Converting private general education institutions into non-profit private general education institutions

The authority to convert private primary schools, private secondary schools and private general schools with multiple levels of education, the highest level of which is secondary school, invested by domestic investors and ensuring the operating conditions specified in Point b, Clause 2, Article 7 of Decree No. 84/2020/ND-CP is exercised by the Chairman of the People's Committee at the commune level.

The authority to convert private high schools, multi-level private schools with the highest level being high school invested by domestic investors and ensuring operating conditions and private general education institutions invested by foreign investors and ensuring operating conditions as prescribed in Point b, Clause 2, Article 7 of Decree No. 84/2020/ND-CP shall be implemented by the Chairman of the Provincial People's Committee.

This Decree comes into force from July 1, 2025.

Source: https://phunuvietnam.vn/phan-dinh-tham-quyen-trong-linh-vuc-giao-duc-20250613194603867.htm