Activity licence for childcare service provider
- Legal bases
- Requirements for the applicant
- Professional qualification
- Cross-border activity
- Filling in and submitting an application
- Payment of the state fee
- Processing an application
- Amendments to the conditions of an activity licence
- Suspension of an activity licence and termination of economic activity
- Revocation of an activity licence
- Contact details
An activity licence is required if you plan to provide childcare service.
The licence is issued without a term by the county governor of location.
- The childcare service is regulated by:
- The General Part of the Economic Activities Code Act;
- The Social Welfare Act;
- The Regulations of the Minister of Social Affairs:
- Health protection requirements for childcare service (Tervisekaitsenõuded lapsehoiuteenusele);
- Establishment of lists of data to be entered in the Register of Economic Activities for the service provider and for changes in data which must be notified of (Majandustegevuse registrisse kantavate teenuse osutaja andmete loetelu ja teavitamist vajavate muudetud andmete loetelu kehtestamine);
- The Regulation of the Government of the Republic: “Establishment of the maximum cost of state-funded childcare service and the maximum cost and price of substitute home service” (Riigi rahastatava lapsehoiuteenuse maksimaalse maksumuse ning asenduskoduteenuse maksimaalse maksumuse ja hinna kehtestamine).
Requirements for the applicant
A person who applies for an activity license must meet the following requirements:
- Hold a certificate issued by the Health Board verifying that the place where the service is provided meets the health protection requirements;
- Hold a certificate issued by the Rescue Board verifying that the place where the service is provided meets the fire safety requirements;
- The applicant for the activity licence, the service to be provided, and the direct provider of the service must comply with the requirements set forth by the Social Welfare Act;
- Hold a childcarer’s medical certificate verifying that they have passed a medical examination for contagious diseases;
- If the childcare service will be provided at the childcarer’s dwelling, a consent of the owner of the dwelling for the provision of the service must be submitted in addition to a medical certificate verifying that the adult using the same dwelling as the childcarer has undergone a medical examination for contagious diseases;
- Persons working with children shall not be persons who have not been punished or with regard to whom coercive treatment has been administered for a criminal offense specified in sections 133–1333, 141–1451, 175, 1751, or 178–179 of the Penal Code, for which the information concerning the punishment has not been deleted from the criminal records database in accordance with the Criminal Records Database Act, or for which the information concerning punishment has been deleted from the criminal records database and entered to the achieves of the criminal records database;
- Upon the initial application for an activity licence, written consents of the childcarers for working for the service provider applying for an activity licence;
- Shall not be subject to a liquidation proceeding, a decision of termination, or a declaration of bankruptcy;
- Shall have no tax arrears or they have not been staggered;
- Has paid the state fee.
If you want to hire a childcarer who has acquired qualification abroad or who has gained their (occupational) work experience abroad, the employee’s foreign professional qualification must be recognized in Estonia. A professional qualification issued abroad might not automatically meet the requirements laid down in Estonia.
To recognize an employee’s professional qualification and receive additional information, contact the competent authority of your field.
A foreign entrepreneur must comply with the same requirements during their operation in Estonia as a domestic entrepreneur.
Information about operating in other European Economic Area country is available at the EUGO Point of Single Contact of the relevant country.
Filling in and submitting an application
To be issued an activity license, an application and the following data must be submitted:
- Name of the operator, registry code, and contact data (phone number, e-mail address, and postal address);
- Name of the activity in accordance with the law and the EMTAK code (88911 childcare service);
- The requested period of validity, if you wish to apply for the activity licence for a limited time;
- Date of commencement of economic activities if it differs from the date of submitting a notice of economic activities;
- Place of business;
- The maximum number of persons the service is to be provided for;
- Information regarding the childcarers – name of the person, personal identification code, contact details, and information about their education or qualification (document number and date, issuer of the document), for a professional certificate – the profession and level of occupational qualification, issuer of the occupational qualification, number of the professional certificate, place and date of issue, and period of validity;
- Name and contact details (phone number and e-mail address) of the person who signed the notice; in the case of legal persons – the name of the basis of their right of representation as well.
Additional documents must be included to the application:
- A certified copy of the document confirming the signatory’s right of representation (unless the person’s right of representation is included on the registry card in the commercial register);
- A certificate issued by the Rescue Board verifying that the rooms where the service is provided meet the fire safety requirements;
- A certificate issued by the Health Board verifying that the rooms meet the health-protection requirements;
- Upon an initial application for an activity licence – a written consent of the childcarers for commencement of employment for the service provider applying for the activity licence;
- A childcarer’s medical certificate verifying that they have passed a medical examination for contagious diseases;
- Certified copies regarding the compliance of the caretakers with the requirements provided in section 127 of the Social Welfare Act and a respective signed confirmation with the documents verifying the qualification;
- If the childcare service will be provided at the parents’ dwelling, a consent of the owner of the dwelling for the provision of the service, a medical certificate verifying that the adult using the same dwelling as the childcarer has passed a medical examination for contagious diseases, and a signed confirmation of the person with full active legal capacity using the same dwelling;
- Evidence of lack of information concerning punishment of the person working with the children.
The state fee must be paid before submitting the application.
The application can be submitted:
- By entering the Register of Economic Activities via the State Portal (the service can be used after logging in with an ID-card, mobile ID, or via an internet bank);
- To a respective county governor (a digitally signed application by e-mail or a signed application by regular mail);
- Through a notary.
NB! If the childcare service will be provided at the child’s dwelling, a natural person must submit a signed application to the county governor of the residence specified in the population register and a legal person must submit it to a county governor of their location.
Payment of the state fee
Before submitting the application, the applicant must pay the state fee in the amount of 32 euros to the bank account of the Ministry of Finance. The reference number is 2900082867 and explanation is “state fee for applying for an activity licence for a childcare service”. The state fee can be paid to one of the following accounts:
- SEB bank EE891010220034796011;
- Swedbank EE932200221023778606;
- Luminor Bank EE701700017001577198;
- Danske Bank EE403300333416110002.
It is not necessary to submit the payment order when applying for an activity licence.
Processing an application
An application for an activity licence shall be processed during 20 workdays after the submission of the application. If it becomes evident during the processing of an application that the requirements necessary for applying for an activity licence are not met, the county government has the right to suspended the proceedings until the rectification of the deficiencies, but not for longer than 30 days, by notifying the applicant thereof.
The issuer of the activity licence shall enter the data to the Register of Economic Activities no later than on the workday following the day of decision to issue the activity licence. The registrar shall send an automated notification to the applicant’s e-mail address containing a reference to the data which was entered, amended, or declared invalid in the register, and if it was based on an administrative act, a reference to what is contestable.
The accuracy of the information and documents shall be verified by a county governor of the place of supply of the service, who will also issue the activity licence. If the childcare service is provided at the child’s home, the county governor of the location of the service provider shall do so or, in the case of a sole proprietor, a county governor or an official authorized by them of the location of the residence in the population register.
If an applicant fails to submit the required information or documents with the application or if there are other shortcomings in the application, the issuer of the activity licence shall notify the applicant no later than on the workday following the day the mentioned shortcoming were identified, specifying the missing information and setting a reasonable term for its submission. The county government has the right to refuse to process the application if such information is not submitted by the set term.
Amendments to the conditions of an activity licence
During the validity of the activity licence, a provider of childcare service must notify the issuer of the activity licence if:
- The location of the provision of the service changes;
- The volume of the provision of the service changes;
- The childcarer’s contact details or the number of their professional certificate changes;
- There are changes in other requirements set forth by the Social Welfare Act.
The county governor of seat must be notified of any planned changes to the provision of the service no later than 30 days before the change is implemented.
The service provider shall notify the county governor of any changes regarding the subject of review or secondary conditions that have occurred irrespective of the owner of activity licence immediately, but no later than within five working days.
An application for amending an activity licence shall be processed by the county governor of the location of the provision of the service in accordance with the procedure provided for issuing an activity licence. If it appears from the notice that the amendments will result in a non-compliance with the requirements for a childcare service included in the object of review of an activity licence or the secondary conditions of the activity licence, or in a need to review the requirements for a childcare service, to amend the activity licence, or apply for a new activity licence, the county government shall notify the provider of the childcare service thereof immediately.
Suspension of an activity licence and termination of economic activity
The provider of a state-funded childcare service must notify the issuer of the activity licence about the suspension of their activities at least three months in advance. The activity specified in the activity licence may be suspended for up to six months.
The activity licence holder who wishes to terminate the activity specified in the activity licence shall submit an application to the issuer of the activity licence for the revocation of the activity licence. The application shall include the date of the termination of the activity specified in the activity licence.
The notice for temporarily suspension of the economic activity and the application for revocation of the activity licence can be submitted:
- by entering the Register of Economic Activities via the State Portal (the service can be used after logging in with an ID-card, mobile ID, or via the internet bank);
- To a county governor of the location of the service (a digitally signed application by an e-mail or a signed application by regular mail);
- Through a notary.
Revocation of an activity licence
The issuer of the activity licence shall revoke an activity licence on the following grounds:
- The activity licence holder renounces economic activity, the activity licence holder has deliberately submitted incorrect information when applying for an activity licence, which has affected the issue of the licence, and if this information had not been presented, the grant of the activity licence should have been refused;
- If the activity licence holder is subject to a prohibition on economic activities on the appropriate area of activity imposed by a court judgment or pursuant to law, except an appropriate prohibition on economic activities applied pursuant to this Act.
The issuer of the activity licence may revoke an activity licence on the following grounds:
- The activity licence holder applies for it;
- The activity licence holder has not commenced the activities specified in the activity licence within one year after being issued the activity licence;
- There is a significant violation to the requirements of a childcare service or the secondary condition of the activity licence;
- There has been significant damage or threat to the public order due to the activity permitted by the activity licence, which was not known at the time of the issue of the activity licence and which outweighs the interests of the activity licence holder to continue their activity, and which cannot be eliminated;
- The secondary conditions of the activity licence change.
An activity licence will expire if:
- The deadline of an activity licence with a deadline has passed;
- A sole proprietor dies and an entrepreneur who is a legal person is closed, reshaped, joined, or divided, except if the activity licence is transferred.
The county governor shall execute national supervision over the childcare service providers.
A responsible employee from the county government of the respective location of the operation.
Registry information and technical questions
Register of Economic Activities, tel: +372 668 7080, e-mail: firstname.lastname@example.org