Circular 48/2026/TT-BGDDT regulation on organization and operation of private general education schools

CIRCULAR

Promulgating the Regulation on the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools

Pursuant to the Education Law No. 43/2019/QH14, as amended and supplemented by the Law No. 123/2025/QH15;

Pursuant to the Law No. 73/2025/QH15 on Teachers;

Pursuant to the Government’s Decree No. 37/2025/ND-CP of February 26, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

At the proposal of Director General of Secondary Education Department;

The Minister of Education and Training promulgates the Circular  issuing the Regulation on the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools.

Article 1. Promulgated together with this Circular is the Regulation on the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools.

Article 2. Effect

1. This Circular takes effect on August 08, 2026.

Point d, Clause 6, Article 5 of the Regulation on the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools promulgated together with this Circular shall take effect on March 1, 2027.

2. The Minister of Education and Training’s Circular No. 40/2021/TT-BGDDT of December 30, 2021 promulgating the Regulation on the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools shall cease to be effective as of August 8, 2026.

Point b, Clause 3, Article 7 of the Regulation on the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools promulgated together with Circular No. 40/2021/TT-BGDDT shall cease to be effective as of March 1, 2027.

Article 3. Implementation responsibility

The Chief of the Ministry’s Office, the Director General of Secondary Education Department, Heads of related units under the Ministry of Education and Training; Chairpersons of the People’s Committees of provinces and centrally run cities; Directors of provincial-level Departments of Education and Training; Chairpersons of commune-level People’s Committees; related organizations and individuals shall implement this Circular.

REGULATION

On the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools

(Promulgated together with the Minister of Education and Training’s Circular No. 48/2026/TT-BGDĐT of June 22, 2026)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Regulation prescribes the organization and operation of private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools, including school organization and administration; teachers, students, and educational support personnel; facilities, finance, and assets; commendation and handling of violations.

2. This Regulation applies to private primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools (below collectively referred to as private general education schools), relevant agencies, organizations, and individuals.

Article 2. Position of private general education schools in national education system

1. Private general education schools are general education institutions within the national education system, invested in by domestic investors or foreign investors, meeting the conditions prescribed by laws, and permitted to be established and licensed to conduct educational activities by competent state authorities.

2. The school’s financial resources shall be derived from investment capital provided by investors and other lawful revenues in accordance with laws; in case the State provides financial support, the management and use of such funds shall comply with laws.

3. Private general education schools shall have legal person status, their own seals, and separate accounts in accordance with laws.

Article 3. Tasks and powers of private general education schools

1. To perform the tasks and exercise the powers of general education schools in accordance with the Charter of primary schools, lower secondary schools, upper secondary schools, and multi-level general education schools (below collectively referred to as the Charter of general education schools), this Regulation and relevant provisions of law.

2. To exercise autonomy and assume accountability in accordance with laws in formulating and implementing the school development plan; organizing the organizational structure; building and developing the contingent of teachers, education administrators, and educational support personnel; and mobilizing, managing, and utilizing resources to achieve the goals of general education in conformity with the school’s type and operating conditions.

3. To be entitled to preferential policies and support from the State in accordance with laws; to be assigned tasks, commissioned, or selected through bidding by the State to provide educational services in accordance with laws.

4. To comply with provisions of law on educational quality assurance to maintain and improve educational quality.

5. To participate in the implementation of universalization of education and compulsory education in accordance with laws.

6. To comply with periodic and ad hoc information and reporting requirements in accordance with laws and at the request of competent state management authorities.

Chapter II

SCHOOL ORGANIZATION AND MANAGEMENT

Article 4. Organizational structure and operating principles of private general education schools

1. The organizational structure of private general education schools shall comply with the General Education School Charter; based on their scale and operating conditions, schools shall establish an internal control mechanism in accordance with applicable regulations.

2. The units within the school’s organizational structure shall perform their functions and tasks in accordance with this Regulation and relevant provisions of law; ensuring the separation between the governance authority of the school council and the management and executive authority of principal.

3. In case an investor is a member of the school council, such participation in the school council shall ensure no direct interference in the management and administration activities of principal and shall ensure the separation of ownership, governance, and executive authority in accordance with laws.

4. The tasks, powers, working relationships, and operating principles of the units within the organizational structure of private general education schools shall comply with the General Education School Charter, this Regulation, and relevant provisions of law.

Article 5. The councils of private general education schools

1. Performing the school governance function in accordance with laws, the General Education School Charter, this Regulation, and the school’s regulations on organization and operation; representing investors and relevant stakeholders within the scope of the assigned tasks and powers.

2. Adopting resolutions on development orientations and strategies and matters concerning the organization and operation of the school in accordance with laws; supervising the implementation of resolutions of the school council; and not directly perform school management and administration activities.

3. Operating on a collective basis and making decisions by majority vote, except as otherwise prescribed by laws; having regulations on organization and operation promulgated by the school council in conformity with laws and decisions of the investor.

4. The school council shall have a Chairperson, a Vice Chairperson (if any) and members. The Chairperson of the school council and the Vice Chairperson of the school council (if any) shall be elected by the school council from among the members of the school council by majority vote. The number of members of the school council shall be an odd number, consisting of at least 05 persons and no more than 15 persons. The term of office of the school council shall be 05 years.

5. The composition of the school council shall be decided by the investors’ conference in proportion to capital contributions, ensuring conformity with law and school governance requirements, and shall include:

a) Representatives of investors;

b) Members of the school, including: Principal, Vice principal (if any), and representatives of the school’s teachers and educational support personnel;

c) Members from outside the school proposed by the investor and approved by the investors’ conference, in accordance with the school’s governance and development needs;

d) Representatives of the Party organization and mass organizations within the school (if any).

6. Procedures for the establishment and consolidation of the school council:

a) The school council shall be established through the investors’ conference. Based on the results of the investors’ conference, the investor shall issue a decision on the establishment of the school council;

b) The consolidation, addition or replacement of members of the school council shall be implemented through the investors’ conference. Based on the results of the investors’ conference, the investor shall issue a decision on the consolidation, addition or replacement of the school council’s members;

c) The school shall notify the direct education management authority of the establishment, consolidation, addition or replacement of members of the school council; and retain the decision on the establishment or consolidation of the school council and relevant documents in accordance with laws and the school’s regulations on organization and operation;

d) The councils of private general education schools established before the effective date of this Circular may continue to operate until the expiration of their terms of office under the establishment decisions. In case the school council is consolidated or its members are added or replaced on or after the effective date of this Circular, such consolidation, addition, or replacement shall comply with this Circular.

7. The Chairperson of the school council shall organize the activities of the school council; convene and preside over meetings of the school council; sign resolutions of the school council; monitor and urge the implementation of resolutions of the school council; perform other tasks and exercise other powers in accordance with the regulations on the organization and operation of the school council.

8. The school council has the following tasks and powers:

a) To adopt resolutions on the school’s strategy, vision, objectives and development plan based on the investor’s orientations;

b) To adopt resolutions on the school’s regulations on organization and operation;

c) To adopt resolutions on the school’s organizational structure; to adopt resolutions on the appointment, dismissal, or relief from office of Principal, Vice principal in accordance with laws and the school’s regulations on organization and operation;

d) To approve the orientations for the school’s educational plan;

dd) To supervise the implementation of the matters prescribed at Points a, b, c, and d of this Clause;

e) To supervise the management and use of finances and assets and the implementation of regulations on democracy in the school’s operations;

g) To perform other tasks and exercise other powers in accordance with laws and the school’s regulations on organization and operation.

9. The school council shall hold regular meetings at least 02 times per year and extraordinary meetings at the request of the Chairperson of the school council, principal, or more than half of the members of the school council. The meeting of the school council shall be valid when at least two-thirds of its members are present; the resolution of the school council shall be adopted when approved by more than half of the members present and voting, unless otherwise prescribed in the regulations on the organization and operation of the school council. The regulations on the organization and operation of the school council shall specify the voting ratios applicable to matters within the resolution-making authority of the school council in accordance with laws and decisions of the investor.

10. The school shall retain complete records concerning the establishment, consolidation, organization, and operation of the school council in accordance with laws and the school’s regulations on organization and operation; comply with reporting requirements and provide relevant information and records at the request of competent state management authorities.

11. The competent education management authority shall inspect compliance with provisions of education law in the establishment, consolidation, and operation of the school council; and require the school to submit reports and explanations and provide information for state management purposes in accordance with laws.

Article 6. Relationship among the school council, principal, and the investor in private general education schools

1. The school council, principal, and the investor shall exercise their rights and perform their responsibilities in accordance with laws, the General Education School Charter, and this Regulation.

2. The relationship among the school council, principal, and the investor shall be based on a clear separation of ownership, governance authority, and management and executive authority, ensuring the achievement of educational objectives and the autonomy of the educational institution in accordance with laws.

3. Principal shall organize the implementation of resolutions of the school council; be accountable to the school council for the results of management and administration and to competent state management authorities in accordance with laws.

4. The investor shall exercise its rights and perform its responsibilities in accordance with laws, the General Education School Charter, and the school’s regulations on organization and operation; coordinate with the school council and principal in ensuring the conditions necessary for the school’s operation and development.

5. Coordination and resolution mechanism for difficulties and disputes

a) The school council, principal, and the investor shall coordinate within the scope of their assigned functions, tasks, and powers; ensure that no party performs the functions of, or improperly interferes with the authority of, another party;

b) In case difficulties or disagreements arise in the school’s internal governance, management, or administration, the parties shall discuss and resolve them through the school council; in case such matters exceed its authority or no agreement can be reached, the matter shall be reported to the competent state management authority for education for consideration and resolution in accordance with laws;

c) In case disputes arise in relation to ownership rights, capital contributions, assets, or civil, business, or investment relations among the parties, such disputes shall be resolved in accordance with civil law, the law on enterprises, the law on investment, and relevant laws.

6. In case principal seriously violates management and administration obligations under laws or the school’s regulations on organization and operation, the school council shall consider and adopt a resolution on appropriate measures or recommend that the competent authority consider and decide the matter in accordance with laws.

Article 7. Internal control mechanism in private general education schools

1. Private general education schools shall establish an internal control mechanism to assist the school council in supervising the management and use of finances and assets; the compliance with law, the General Education School Charter, and the school’s regulations on organization and operation.

2. The school council shall decide on an internal control mechanism appropriate to the school’s scale and organizational and operating conditions; such mechanism shall not result in the establishment of any new organizational apparatus outside the organizational structure prescribed by the General Education School Charter.

3. The internal control mechanism shall be implemented by assigning an individual or an existing unit of the school to perform internal control tasks; such assignment shall ensure independence and objectivity, avoid conflicts of interest, and comply with laws.

4. The individual or unit assigned to perform internal control tasks has the following tasks:

a) To collect, consolidate, and analyze information for the supervisory activities of the school council;

b) To identify risks, errors, and violations within the assigned scope and recommend appropriate measures;

c) To propose solutions to improve the effectiveness of governance and management and prevent violations;

d) To perform other tasks as assigned by the school council in accordance with laws.

5. Internal control activities shall support the school council in performing its supervisory function; not replace the management and administration functions of Principal and not inspect professional and educational activities in accordance with laws.

6. The person assigned to perform internal control tasks shall:

a) Not concurrently hold the position of Principal, Vice principal, or Chief Accountant;

b) In case such person is a member of the school council, not participate in supervision of any matter directly related to his or her own rights or interests;

c) Be entitled to access information, records, and documents related to the matters subject to internal control in accordance with laws and the school’s regulations on organization and operation;

d) Bear responsibility for the truthfulness and objectivity of the results of the performance of assigned tasks.

7. The results of internal control shall be reported to the school council for consideration and decision on measures for handling and remediation and for improving school governance; disclosure and accountability shall be implemented in accordance with laws and the school’s regulations on organization and operation.

Article 8. Principals, Vice principals

1. Principals

a) Principals of private general education schools are the persons bearing responsibility for managing and administering the school’s operations; organizing the implementation of the educational plan; and the school’s educational quality in accordance with laws;

b) The standards, tasks, and powers of Principal shall comply with the General Education School Charter and relevant provisions of law;

c) Principals of private general education schools shall have a term of office of 05 years. In case principal is a foreign national, the term of office shall correspond to the term of the work permit and not exceed 05 years. At any one time, a person may serve as principal of only one private general education school;

d) In addition to the tasks and powers prescribed in the General Education School Charter, principals of private general education schools shall organize the implementation of resolutions of the school council; be subject to the supervision of the school council in accordance with regulations; recruit and manage teachers and educational support personnel in accordance with the delegation of authority and authorization; manage and use the school’s finances and assets; prepare the annual financial plan for submission to the school council; comply with reporting requirements; be entitled to reserve professional opinions and report to the competent education management authority on matters that are inconsistent with laws or educational professional requirements.

2. Vice principals

a) Vice principal is the person that assists principal in performing school management and administration tasks as assigned by principal; be accountable to principal and laws for the assigned tasks;

b) The standards, tasks, and powers of vice principal shall comply with the General Education School Charter and relevant provisions of law.

3. The appointment and dismissal of principals and vice principals shall be implemented in accordance with laws, the General Education School Charter, the school’s regulations on organization and operation, and resolutions of the school council.

Article 9. Educational program

1. Private general education schools shall implement the General Education Program, educational plans, and professional regulations in accordance with the General Education School Charter and relevant provisions of law.

2. Private general education schools shall implement the school-year schedule prescribed by the Ministry of Education and Training; organize additional study time outside the school-year schedule prescribed by the Ministry of Education and Training, provided that such additional study time does not exceed 04 weeks in a school year and no tuition fees are charged for such additional study time. The organization of additional study time shall not alter the duration prescribed for implementation of the General Education Program promulgated by the Ministry of Education and Training.

3. The organization of additional study time prescribed in this Clause shall aim to support the implementation of the General Education Program and improve educational quality; ensure conformity with the educational program and with students’ psychophysiological characteristics and study time; be publicly disclosed in accordance with laws.

4. At the primary education level, additional study shall be organized on a voluntary basis and with the consent of students’ parents for the purposes of strengthening life skills, fostering gifted students, or providing remedial instruction to students with learning difficulties; the curriculum of the following school year shall not be taught in advance.

Chapter III

TEACHERS, EDUCATIONAL SUPPORT PERSONNEL,

AND STUDENTS

Article 10. Standards, tasks, and rights of teachers and educational support personnel

1. Teachers in private general education schools shall meet the professional standards and conditions prescribed by laws; have the rights and obligations prescribed by the Education Law, the Law on Teachers, the General Education School Charter, and relevant provisions of law; exercise their rights and perform their obligations under the employment contracts entered into with the school.

2. Educational support personnel in private general education schools shall work under employment contracts with the school; exercise their rights and perform their obligations in accordance with the Labor Code, the school’s regulations on organization and operation, and relevant provisions of law.

3. Private general education schools shall specify the requirements applicable to each title and job position of teachers and educational support personnel in the school’s regulations on organization and operation, ensuring compliance with laws and the professional and occupational requirements of each position.

Article 11. Requirements for staffing norms for teachers and educational support personnel

1. For purposes of this Regulation, a full-time teacher means a teacher who works under an indefinite-term employment contract or a fixed-term employment contract with a term of at least 12 months and regularly performs teaching tasks at the school.

2. Private general education schools shall ensure a regular and stable teaching staff for the implementation of the General Education Program; the average proportion of full-time teachers during a school year shall be at least as follows:

a) Primary education level: at least 90% of the total number of teachers;

b) Lower secondary and upper secondary education levels: at least 40% of the total number of teachers.

3. The number of teachers and educational support personnel shall be sufficient to meet the requirements for implementation of the General Education Program and appropriate to the school’s scale, education levels, and operating conditions in accordance with laws.

4. In addition to the prescribed titles and job positions, private general education schools may arrange other job positions appropriate to their needs and actual conditions, ensuring that such arrangements do not affect the implementation of the General Education Program.

Article 12. Recruitment of teachers and educational support personnel

1. Teachers and educational support personnel in private general education schools shall work under employment contracts; be recruited, employed, and managed in accordance with the Labor Code, the Education Law, the Law on Teachers, and relevant provisions of law.

2. Full-time teachers shall be recruited, employed and provided with benefits and policies in accordance with the Labor Code, the Education Law, the Law on Teachers, the laws on social insurance and health insurance, and relevant provisions of law; fully exercise their rights and perform their obligations under their employment contracts and the school’s regulations on organization and operation.

Article 13. Rights and tasks of students

1. Students of private general education schools shall have the rights and tasks prescribed by the Education Law, the General Education School Charter, and relevant provisions of law; be entitled to benefits and policies in accordance with laws.

2. Students’ right to education shall be guaranteed in accordance with laws. The change of investor or owner, reorganization, or termination of operations of private general education schools shall not affect students’ right to education.

3. In case private general education schools are reorganized or terminate their operations, the school and the investor shall formulate and implement a plan to ensure students’ right to education in accordance with laws; refund the unused portion of tuition fees and other lawful charges (if any) or assist students in transferring to another appropriate educational institution.

Chapter IV

FACILITIES, FINANCE, AND ASSETS

Article 14. Facilities

1. Private general education schools shall ensure that their facilities, teaching equipment, and libraries meet the requirements for organizing teaching, education, and other school activities in accordance with the General Education School Charter and regulations of the Ministry of Education and Training on facilities, teaching equipment, libraries, and subject classrooms.

2. The facilities of private general education schools shall be managed, maintained, and used safely, efficiently, and for their intended purposes; repairs, additions, and upgrades shall be implemented in accordance with laws and the school’s regulations on organization and operation.

3. Private general education schools shall manage and use facilities, teaching equipment, libraries, and subject classrooms in accordance with laws; exercise accountability to the school council and the investor in accordance with the school’s regulations on organization and operation.

Article 15. Finance and assets of private general education schools

1. Financial Regime

Private general education schools shall exercise financial autonomy; comply with provisions of law on accounting, auditing, taxation, asset valuation, and financial disclosure.

2. Financial resources

The financial resources of private general education schools include:

a) Capital contributions from organizations and individuals establishing the school and other lawfully mobilized funds;

b) Revenues from tuition fees and educational service charges in accordance with laws;

c) Lawful sponsorships, aid, donations, and gifts from domestic and foreign organizations and individuals in accordance with laws;

d) Support from the state budget for the performance of tasks assigned or commissioned by the State or selected through bidding in accordance with laws;

dd) Other lawful revenues in accordance with laws.

3. Expenditures

Expenditures of private general education schools shall be implemented in accordance with laws and the school’s internal regulations, including expenditures on educational activities, salaries and benefits for employees, management, investment in the development of facilities, fulfillment of financial obligations to the State, and other lawful expenditures.

4. Tuition fees and educational service charges

a) The rate of tuition fees, the schedule for tuition fee adjustments, and educational service charges of private general education schools shall be publicly disclosed in accordance with laws before enrollment or the beginning of the school year. Any adjustment to tuition fees and educational service charges during the school year (if any) shall be implemented in accordance with the educational service contract and lawful agreements with learners or students’ parents or legal representatives;

b) Private general education schools are encouraged to publicly disclose the indicative schedule of tuition fee for the entire education level at the time of initial enrollment.

5. Financial and asset management

The finance and assets of private general education schools shall be managed and used for their intended purposes, with disclosure and transparency, in accordance with laws and the school’s regulations on organization and operation.

The surplus of revenues over expenditures, after fulfillment of financial obligations in accordance with laws, shall be used for educational activities and the exercise of investors’ rights in accordance with laws, except in case of the school operating on a not-for-profit basis

6. Responsibilities upon termination of operations

Upon termination of operations, private general education schools shall formulate and implement a plan for handling finance and assets in accordance with laws; ensure the lawful rights and interests of learners, employees, and relevant parties.

Chapter V

EDUCATIONAL QUALITY ASSURANCE, COMMENDATION, AND HANDLING OF VIOLATIONS

Article 16. Self-assessment and educational quality assurance

1. Private general education schools shall organize the implementation of self-assessment and educational quality assurance activities in accordance with the Education Law and relevant provisions of law.

2. The contents of self-assessment shall be implemented on the basis of the educational objectives, the General Education Program, conditions for educational quality assurance, educational activities, and educational outcomes of the school in accordance with relevant provisions of law.

3. The results of self-assessment shall serve as the basis for private general education schools to formulate, adjust, and organize the implementation of plans for improving and enhancing educational quality in accordance with regulations.

Article 17. Commendation

1. Collectives and individuals of private general education schools that have achievements in educational activities and make contributions to the development of the school and the cause of education shall be considered for commendation in accordance with the law on emulation and commendation.

2. Teachers and employees of private general education schools with outstanding achievements shall be recommended for consideration for the conferment of emulation titles and forms of commendation by the education sector and competent authorities in accordance with laws.

Article 18. Handling of violations

Private general education schools and related organizations and individuals that violate provisions of the law on education, regulations on the organization and operation of the school, or other relevant provisions of law shall, depending on the nature and severity of the violation, be handled in accordance with laws. The handling of violations shall ensure the lawful rights and interests of students.

* All Appendices are not translated herein.