Decree 360/2026/ND-CP investment and operation conditions for education institutions

DECREE

Prescribing investment and operation conditions for early childhood education institutions, general education institutions, continuing education institutions and other education institutions of the national education system

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Administration No. 72/2025/QH15;

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

Pursuant to the Law on Investment No. 143/2025/QH15;

At the proposal of the Minister of Education and Training;

The Government promulgates the Decree prescribing investment and operation conditions for early childhood education institutions, general education institutions, continuing education institutions and other education institutions of the national education system.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes investment and operation conditions for early childhood education institutions, general education institutions, continuing education institutions and other education institutions of the national education system, covering:

1. Conditions and procedures for establishment or permission for establishment, licensing of educational operations, suspension of enrolment, suspension of educational operations, revocation of decisions on establishment or permission for establishment, revocation of decisions on licensing of educational operations, change of locations of educational operations, merger, division, separation, dissolution and renaming of nurseries, pre-primary schools, early childhood schools, general education institutions and specialized schools (below collectively referred to as schools).

2. Conditions and procedures for establishment or permission for establishment, suspension of operations, merger, division, separation and dissolution of continuing education institutions.

3. Conditions and competence for establishment, permission for establishment, merger, division, separation, dissolution and suspension of operations of other education institutions specified at Points a and b, Clause 1, Article 65 of Education Law No. 43/2019/QH14, which was amended and supplemented by Law No. 123/2025/QH15 (below collectively referred to as the Education Law), except the case specified in Clause 2 of this Article.

Article 2. Subjects of application

1. Early childhood education institutions, including: public, people-founded and private nurseries, pre-primary schools and early childhood schools invested in by domestic investors or foreign investors that ensure operation conditions (below collectively referred to as early childhood schools); early childhood schools proposed by foreign diplomatic missions or intergovernmental international organisations; public, people-founded and private childcare groups, pre-primary classes and early childhood classes invested in by domestic investors that ensure operation conditions (below collectively referred to as independent early childhood groups and classes).

2. General education institutions and specialized schools, including:

a) General education institutions, including: public and private primary schools, lower secondary schools, upper secondary schools and multi-level general education schools invested in by domestic investors or foreign investors that ensure operation conditions; primary schools, lower secondary schools and upper secondary schools proposed by foreign diplomatic missions or intergovernmental international organisations (below collectively referred to as general education schools);

b) Specialized schools, including: semi-boarding general education schools for ethnic minority students, boarding general education schools for ethnic minority students, boarding general education schools and pre-university schools invested in by the State that ensure operation conditions; public and private specialized upper secondary schools, schools for gifted students in arts, physical training and sports and other schools for gifted students, schools for persons with disabilities and classes for persons with disabilities invested in by domestic investors that ensure operation conditions.

3. Continuing education institutions, including: public and private continuing education centers, vocational and continuing education centers and community learning centers invested in by domestic investors that ensure operation conditions; other public and private centers performing continuing education tasks invested in by domestic investors or foreign investors that ensure operation conditions (below collectively referred to as education centers of continuing education institutions).

4. Other education institutions, including: vocational education centers and centers for inclusive education development support (below collectively referred to as education centers of other education institutions); literacy classes, foreign-language classes, informatics classes, classes for children in difficult circumstances unable to attend school, and classes for children with disabilities (below collectively referred to as independent classes).

5. Other related organisations and individuals.

Article 3. Implementation principles

1. To ensure strong decentralization to local administrations and education institutions in the settlement of administrative procedures and management of educational operations.

2. To vigorously shift from pre-inspection to post-inspection, and enhance the responsibility of organisations and individuals for self-declaration and self-accountability. Competent agencies shall inspect and supervise compliance with this Decree and take measures within their competence upon detecting cases of non-compliance.

3. Administrative procedures shall be settled in the electronic environment, ensuring publicity and transparency and reducing the time and compliance costs for organisations and individuals.

4. Competent agencies shall not require organisations and individuals to re-provide information, data or documents already available in national databases or specialized databases or digitized in accordance with regulations.

5. When conducting appraisal, the agency in charge shall coordinate with related agencies in verifying compliance with specialized conditions in accordance with law. On-site appraisal shall be conducted only when dossiers, information and data are insufficient for evaluating and verifying compliance with specialized conditions as prescribed. On-site appraisal must ensure publicity and transparency and must not give rise to additional procedures or dossier components, prolong the settlement time or unnecessarily increase compliance costs.

6. Public disclosure of information under this Decree must comply with the law on protection of state secrets and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4. Competent authorities and specialized agencies

1. Chairpersons of commune-level People’s Committees shall decide on:

a) Establishment or permission for establishment, licensing of educational operations, suspension of enrolment, suspension of educational operations, revocation of decisions on establishment or permission for establishment, revocation of decisions on licensing of educational operations, merger, division, separation, dissolution, renaming and change of locations of educational operations of: early childhood schools; primary schools; lower secondary schools and multi-level general education schools with lower secondary education as their highest education level; semi-boarding general education schools for ethnic minority students, boarding general education schools for ethnic minority students and boarding general education schools with lower secondary education as their highest education level;

b) Establishment or permission for establishment, suspension of operations, merger, division, separation and dissolution of: independent early childhood groups and classes; classes for persons with disabilities outside early childhood schools, primary schools, lower secondary schools, upper secondary schools, continuing education centers and vocational and continuing education centers (below collectively referred to as classes for persons with disabilities outside education institutions); community learning centers; and independent classes;

c) Permission, suspension or revocation of decisions permitting other education institutions to implement primary and lower secondary general education programmes;

d) Licensing of educational operations, suspension of enrolment, suspension of educational operations and revocation of decisions on licensing of educational operations of early childhood schools under the Ministry of National Defence located in their localities.

2. Chairpersons of provincial-level People’s Committees shall decide on establishment or permission for establishment, revocation of decisions on establishment or permission for establishment, merger, division, separation, dissolution, renaming and change of locations of educational operations of: upper secondary schools and multi-level general education schools with upper secondary education as their highest education level; semi-boarding general education schools for ethnic minority students, boarding general education schools for ethnic minority students and boarding general education schools with upper secondary education as their highest education level; specialized upper secondary schools; schools for gifted students in arts, physical training and sports and other schools for gifted students; schools for persons with disabilities; and early childhood schools, primary schools, lower secondary schools and upper secondary schools proposed by foreign diplomatic missions or intergovernmental international organisations.

3. The Minister of Education and Training shall decide on establishment, licensing of educational operations, suspension of enrolment, suspension of educational operations, revocation of decisions on establishment, revocation of decisions on licensing of educational operations, merger, division, separation, dissolution, renaming and change of locations of educational operations of pre-university schools.

4. The Minister of National Defence and the Minister of Public Security shall decide on establishment, revocation of decisions on establishment, merger, division, separation, dissolution, renaming and change of locations of educational operations of schools falling within their competence under the Education Law after obtaining written agreement in principle from the Chairperson of the commune-level People’s Committee of the locality where the school is headquartered, for early childhood schools, or the Chairperson of the provincial-level People’s Committee of the locality where the school is headquartered, for upper secondary schools.

The Minister of National Defence and the Minister of Public Security shall, based on this Decree, issue internal procedures for establishment, revocation of decisions on establishment, merger, division, separation, dissolution, renaming and change of locations of educational operations of schools specified in this Clause.

5. Directors of provincial-level Departments of Education and Training shall decide on:

a) Establishment or permission for establishment, suspension of operations, merger, division, separation and dissolution of: continuing education centers; vocational and continuing education centers; other centers performing continuing education tasks (including centers attached to universities, academies, higher education institutions and colleges and located outside their campuses); vocational education centers; and centers for inclusive education development support;

b) Licensing of educational operations, suspension of enrolment, suspension of educational operations and revocation of decisions on licensing of educational operations of: schools specified in Clause 2 of this Article; and upper secondary schools under the Ministry of National Defence or the Ministry of Public Security located in their localities.

6. Directors of universities and academies and principals of higher education institutions and colleges shall decide on the establishment of other centers performing continuing education tasks within their campuses when the conditions specified in Clause 3, Article 39 of this Decree are satisfied; heads of education institutions shall decide on the establishment of classes for persons with disabilities within early childhood schools, primary schools, lower secondary schools, upper secondary schools, continuing education centers and vocational and continuing education centers when the conditions specified in Clause 1, Article 37 of this Decree are satisfied.

7. Specialized agencies that advise and assist People’s Committees at all levels in performing state management in the field of education as prescribed in this Decree include:

a) Divisions of Culture and Social Affairs under commune-level People’s Committees, which shall advise Chairpersons of commune-level People’s Committees on the exercise of the competence specified in Clause 1 of this Article;

b) Provincial-level Departments of Education and Training, which shall advise Chairpersons of provincial-level People’s Committees on the exercise of the competence specified in Clause 2 of this Article;

c) Specialized divisions under provincial-level Departments of Education and Training, which shall advise Directors of provincial-level Departments of Education and Training on the exercise of the competence specified in Clause 5 of this Article.

Article 5. Renaming of schools

1. Conditions for renaming of schools:

a) A school may be renamed in one of the following cases: merger, division or separation of the school; conversion of the school type; or its current name is determined to infringe upon intellectual property rights or cause confusion;

b) The new name of the school must ensure the purity of language. The name must not contain words or symbols that violate the nation’s historical and cultural traditions, morality or fine customs and practices; must not cause confusion about the school type, education level, legal status or scope of operations; and must not be identical to or cause confusion with the name of another school of the same education level within the area under the management of the authority competent to decide on establishment or permission for establishment of the school. The name must not contain words or phrases of a “national” nature or indicating a special status (“international”, “national” or “Vietnam”), names of other countries or words or phrases of similar meaning, if their use may cause misunderstanding about the school’s legal status, scope of operations or State sponsorship;

c) The renaming must not change the school’s legal rights and obligations or affect the lawful rights and interests of education institution managers, teachers, educational support personnel, employees and learners;

d) The school is operating lawfully and is not subject to suspension of educational operations or suspension of enrolment.

2. A dossier must comprise a written request for renaming of the school, made according to Form No. 01 in the Appendix to this Decree, accompanied by the approval of the concerned ministry or sector (for schools for gifted students in arts, physical training and sports under ministries or sectors), higher education institution or college (for schools under higher education institutions or colleges as prescribed in this Decree), or investor establishing a people-founded or private school.

3. Implementation order:

a) The school shall submit 01 dossier set specified in Clause 2 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority specified in Article 4 of this Decree;

b) Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the school, specifying the contents that need to be revised;

c) Within 10 working days after receiving the dossier, if the dossier is complete and compliant with regulations, the specialized agency shall coordinate with related units in appraising the dossier to assess compliance with Clause 1 of this Article and submit it to the competent authority for consideration and decision on renaming of the school; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the school, clearly stating the reason.

The decision on renaming of the school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Article 6. Change of locations of educational operations of schools

1. Conditions for change of locations of educational operations of schools:

a) The school must meet the standards on location, scale, area and minimum physical facilities prescribed by the Ministry of Education and Training. For specialized schools, the change of location of educational operations must also satisfy the conditions on physical facilities for licensing of educational operations prescribed in this Decree;

b) The change of location of educational operations must not change the school’s rights, obligations and responsibilities or affect the lawful rights and interests of education institution managers, teachers, educational support personnel, employees and learners.

2. A dossier must comprise:

a) A written request for change of location of educational operations of the school, made according to Form No. 02 in the Appendix to this Decree, accompanied by the approval of the concerned ministry or sector (for schools for gifted students in arts, physical training and sports under ministries or sectors), higher education institution or college (for schools under higher education institutions or colleges as prescribed in this Decree), or investor establishing a people-founded or private school;

b) Legal documents proving land use rights or house ownership, or a contract for lease of the school’s location with a term of at least 05 years.

The school is not required to submit copies of dossier components if the competent agency can access and use the corresponding information in national databases or specialized databases, or information digitized in accordance with regulations.

3. Implementation order:

a) The school shall submit 01 dossier set specified in Clause 2 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority specified in Article 4 of this Decree;

b) Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the school, specifying the contents that need to be revised;

c) Within 12 working days after receiving the dossier, if the dossier is complete and compliant with regulations, the specialized agency shall coordinate with the related unit in conducting appraisal to assess satisfaction of the conditions for change of location of educational operations and submit the dossier to the competent authority for consideration and decision on the change of location of educational operations; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the school, clearly stating the reason.

The decision on change of location of educational operations of the school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Chapter II

EARLY CHILDHOOD EDUCATION INSTITUTIONS

Section 1

EARLY CHILDHOOD SCHOOLS

Article 7. Conditions for establishment or permission for establishment of early childhood schools

1. To conform to the strategy, master plans and socio-economic development requirements of the locality where the school is headquartered.

2. To have a proposed location for school construction that conforms to local master plans or to obtain permission from a competent agency to use residential land, land for construction of offices of agencies or non-business works other than education and training works, or land for non-agricultural production and business purposes for education and training purposes, and concurrently meet the standards on location, scale and area for early childhood schools prescribed by the Ministry of Education and Training. For inner-city areas of special-grade urban centers, the construction floor area may be counted as equivalent to the land area but must not be lower than the minimum average land area per child prescribed by the Ministry of Education and Training.

Article 8. Procedures for establishment or permission for establishment of early childhood schools

1. A dossier must comprise:

a) A written request for establishment or permission for establishment of an early childhood school, made according to Form No. 03 in the Appendix to this Decree;

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

Agencies, organisations and individuals are not required to submit copies of dossier components if the competent agency can access and use the corresponding information in national databases or specialized databases, or information digitized in accordance with regulations;

2. Implementation order:

a) For public early childhood schools: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision. Within 12 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on establishment of the school;

b) For people-founded and private early childhood schools and early childhood schools proposed by foreign diplomatic missions or intergovernmental international organisations:

Organisations and individuals shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal, by post, via VNeID or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented.

Within the period specified at Point a of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with the related unit in appraising the dossier to assess satisfaction of the conditions and submit it to the competent authority for consideration and decision on permission for establishment; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

c) For early childhood schools under higher education institutions and colleges offering teacher training disciplines: The higher education institution or college shall prepare 01 dossier set specified in Clause 1 of this Article and submit it to the authority competent to decide on establishment of the school according to the procedures specified at Point b of this Clause;

d) The decision on establishment or permission for establishment of an early childhood school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website of the agency of the competent authority.

Article 9. Conditions for licensing of educational operations of early childhood schools

1. To have minimum physical facilities, supplies, toys, learning materials and teaching equipment that meet the requirements prescribed by the Ministry of Education and Training.

People-founded and private early childhood schools (including early childhood schools proposed by foreign diplomatic missions or intergovernmental international organisations) must have a roadmap for ensuring minimum physical facilities that meet the requirements prescribed by the Ministry of Education and Training and are appropriate to the schools’ highest projected scale.

2. To have sufficient education institution managers, teachers, educational support personnel and employees who meet the requirements of their working positions for organising child nurturing, care and education activities that satisfy the requirements of the early childhood education programme.

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

a) For private early childhood schools, the minimum investment amount is VND 30 million per child (excluding land use costs). The minimum total investment capital shall be calculated based on the time when the school reaches its highest projected scale. The investment capital plan must be appropriate to the projected scale of each stage.

In the case where a private early childhood school does not construct new physical facilities but only leases or uses existing physical facilities for its operations, the minimum investment amount must reach 70% of the investment amount specified at this Point;

b) For public and people-founded early childhood schools, the competent management agency or the grassroots community shall be responsible for ensuring financial resources for organising child nurturing, care and education activities that satisfy the requirements of the early childhood education programme as prescribed.

Article 10. Procedures for licensing of educational operations of early childhood schools

1. A dossier must comprise:

a) A written request for licensing of educational operations, made according to Form No. 04 in the Appendix to this Decree, explaining the satisfaction of the conditions specified in Article 9 of this Decree, accompanied by supporting documents (if any);

b) For people-founded and private early childhood schools, the dossier must be accompanied by documents proving financial resources, amounts of money and assets already invested or committed to be invested in accordance with the schools’ projected scale of operations, including one or more of the following documents, depending on the form of capital contribution, capital sources, types of contributed assets and status of capital contribution at the time of dossier submission: credit contracts or credit commitments of credit institutions or foreign bank branches for investment in early childhood schools; written certification of the freezing of amounts of money in investors’ payment accounts; money transfer documents and documents on financial resources already allocated or invested; vouchers, contracts, acceptance test records, payment documents or other lawful documents proving the value of capital already invested in construction or procurement of physical facilities, technical infrastructure and equipment; documents proving lawful ownership or use rights over contributed assets, accompanied by documents determining the value of contributed assets in accordance with the law on enterprises and other relevant laws, in case of capital contribution in the form of assets.

2. Implementation order:

a) An early childhood school shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the school, specifying the contents that need to be revised or supplemented;

b) Within 12 working days after receiving a complete dossier that complies with regulations, the specialized agency shall assume the prime responsibility for, and coordinate with the related unit in, conducting appraisal to assess satisfaction of the conditions for licensing of educational operations and submit the dossier to the competent authority for consideration and decision on licensing of educational operations; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the school, clearly stating the reason;

c) The decision on licensing of educational operations of an early childhood school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media or on the website of the agency of the competent authority.

Article 11. Cases of suspension of enrolment and suspension of educational operations of early childhood schools

1. An early childhood school shall have its enrolment suspended in one of the following cases:

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

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

c) It violates the law to an extent warranting suspension of enrolment.

2. An early childhood school shall have its educational operations suspended in one of the following cases:

a) Upon expiry of the period of suspension of enrolment specified in Clause 1 of this Article, it fails to remedy the cause of the suspension;

b) During the period of suspension of enrolment specified in Clause 1 of this Article, it deliberately continues to organise enrolment in contravention of regulations;

c) It violates the law to an extent warranting suspension of educational operations.

3. The period of suspension of enrolment or suspension of educational operations of an early childhood school shall be specified in the suspension decision but must not exceed 12 months.

Article 12. Procedures for suspension of enrolment and suspension of educational operations of early childhood schools

1. Implementation order:

a) Upon detecting that an early childhood school falls into a case specified in Article 11 of this Decree, the specialized agency shall conduct an inspection to assess the actual situation, make an inspection record and send a written notice directly or by post to the school, requesting it to provide explanations, except where immediate suspension is necessary to protect the rights, interests and safety of learners or meet state management requirements;

b) Within 05 working days after sufficient grounds for suspension are established, the specialized agency shall prepare a dossier and submit it to the competent authority for consideration and issuance of a suspension decision. The decision must clearly specify the reason for suspension, the suspension period, measures to protect the lawful rights and interests of children, education institution managers, teachers, educational support personnel and employees, and the responsibility to remedy the cause of suspension;

c) The suspension decision, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the early childhood school and publicly announced in the mass media or on the website of the agency of the competent authority.

2. Upon expiry of the suspension period, the early childhood school shall report the results of remedying the causes of suspension, accompanied by supporting documents (if any), to the authority competent to decide on the suspension. The early childhood school may resume enrolment or educational operations after the competent authority confirms that the causes of suspension have been fully remedied, or upon expiry of 05 working days after receipt of the report if the competent authority has not issued any request for further inspection or handling.

Article 13. Cases of revocation of decisions on establishment or permission for establishment and revocation of decisions on licensing of educational operations of early childhood schools

1. An early childhood school shall have its decision on establishment or permission for establishment revoked in one of the following cases:

a) Within 24 months after the decision on establishment or permission for establishment takes effect, the school has not been licensed to conduct educational operations;

b) Within 12 months after the revocation of the decision on licensing of educational operations, the school fails to remedy the cause of revocation or fails to carry out procedures for applying for a new decision on licensing of educational operations;

c) The decision on establishment or permission for establishment was issued ultra vires or in contravention of the prescribed order or procedures;

d) It commits fraud or provides false information in the dossier of request for establishment or permission for establishment;

dd) It violates the law to an extent warranting revocation of the decision on establishment or permission for establishment.

2. An early childhood school shall have its decision on licensing of educational operations revoked in one of the following cases:

a) Within 12 months after the decision on licensing of educational operations takes effect, the school fails to commence educational operations;

b) Upon expiry of the period of suspension of educational operations specified in Clause 3, Article 11 of this Decree, the school fails to remedy the cause of suspension;

c) The decision on licensing of educational operations was issued ultra vires or in contravention of the prescribed order or procedures;

d) It commits fraud or provides false information in the dossier of request for licensing of educational operations;

dd) It violates the law to an extent warranting revocation of the decision on licensing of educational operations.

Article 14. Procedures for revocation of decisions on establishment or permission for establishment and revocation of decisions on licensing of educational operations of early childhood schools

1. Implementation order:

a) Upon detecting or having grounds to determine that an early childhood school falls into a case specified in Article 13 of this Decree, the specialized agency shall conduct an inspection, make an inspection record and send a written notice directly, by post or by email to the school, requesting it to provide explanations, except where immediate revocation is necessary to protect the rights, interests and safety of learners or meet state management requirements;

b) Within 05 working days after sufficient grounds for revocation are established, the specialized agency shall prepare a dossier and submit it to the competent authority for consideration and issuance of the corresponding revocation decision. The decision must clearly specify the reason for revocation, measures to protect the lawful rights and interests of children, education institution managers, teachers, educational support personnel and employees, and the responsibility to remedy the cause of revocation;

c) The revocation decision, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media or on the website of the agency of the competent authority. Within 05 working days after the decision takes effect, the school shall return the original of the revoked decision to the issuing agency. After the decision on revocation of the decision on establishment or permission for establishment of the school takes effect, land and assets on land shall be handled in accordance with relevant laws.

2. For cases of revocation due to decisions having been issued ultra vires or in contravention of the prescribed order or procedures, the competent authority shall review the order, procedures and conditions. If the prescribed requirements are satisfied, within 03 working days after the revocation decision takes effect, the competent authority shall issue a decision on establishment or permission for establishment, or a decision on licensing of educational operations of the early childhood school in accordance with regulations.

Article 15. Conditions for merger, division and separation of early childhood schools

1. To conform to the strategy, master plans and socio-economic development requirements of the locality.

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

Article 16. Procedures for merger, division and separation of early childhood schools

1. A dossier must comprise a written request for merger, division or separation of an early childhood school, made according to Form No. 05 in the Appendix to this Decree, explaining the plan for handling personnel, finance, assets, land, children and the roadmap for ensuring the school’s continuous operations.

2. Implementation order:

a) For public early childhood schools: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision. Within 12 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on merger, division or separation of the school and concurrently decide on licensing of educational operations of the newly formed school;

b) For people-founded and private early childhood schools and early childhood schools proposed by foreign diplomatic missions or intergovernmental international organisations:

Organisations and individuals shall submit 01 dossier set via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented.

Within the period specified at Point a of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with related units in conducting appraisal to assess satisfaction of the conditions for merger, division or separation and submit the dossier to the competent authority for decision on merger, division or separation of the school; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason. Immediately after the decision on merger, division or separation of the school takes effect, the competent authority shall decide on licensing of educational operations of the newly formed school;

c) For early childhood schools under higher education institutions and colleges offering teacher training disciplines: The higher education institution or college shall prepare 01 dossier set specified in Clause 1 of this Article and submit it to the authority competent to decide on merger, division or separation of the school according to the procedures specified at Point b of this Clause;

d) The decision on merger, division or separation of an early childhood school and the decision on licensing of educational operations of an early childhood school formed after merger, division or separation, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website of the agency of the competent authority.

Article 17. Cases of dissolution of early childhood schools

An early childhood school shall be dissolved in one of the following cases:

1. Its decision on establishment or permission for establishment is revoked;

2. At the request of the agency, organisation or individual that established the school.

Article 18. Procedures for dissolution of early childhood schools

1. A dossier for dissolution in the case specified in Clause 2, Article 17 of this Decree must comprise a written request for dissolution from the organisation or individual requesting establishment of the school, made according to Form No. 06 in the Appendix to this Decree, clearly stating the reason and the plan for handling the organisational apparatus, personnel, finance, assets, land, children and other related matters.

2. Implementation order:

a) For dissolution in the case specified in Clause 1, Article 17 of this Decree:

Within 03 working days after the decision on revocation of the decision on establishment or permission for establishment takes effect, the competent authority shall decide on dissolution of the early childhood school;

b) For dissolution of public schools in the case specified in Clause 2, Article 17 of this Decree: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision on dissolution within 05 working days;

c) For dissolution of people-founded and private early childhood schools and early childhood schools proposed by foreign diplomatic missions or intergovernmental international organisations in the case specified in Clause 2, Article 17 of this Decree:

Organisations and individuals shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented.

Within the period specified at Point b of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall assume the prime responsibility for, and coordinate with the related unit in, appraising the dossier and submitting it to the competent authority for consideration and decision on dissolution; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

d) For dissolution of early childhood schools under higher education institutions and colleges offering teacher training disciplines in the case specified in Clause 2, Article 17 of this Decree: The higher education institution or college shall prepare 01 dossier set specified in Clause 1 of this Article and submit it to the authority competent to decide on dissolution of the school according to the procedures specified at Point c of this Clause;

dd) The decision on dissolution of an early childhood school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website of the agency of the competent authority. After the decision on dissolution of the school takes effect, land and assets on land shall be handled in accordance with relevant laws.

Section 2

INDEPENDENT EARLY CHILDHOOD GROUPS AND CLASSES

Article 19. Conditions for establishment of public independent early childhood groups and classes or permission for establishment of people-founded and private independent early childhood groups and classes

1. To have a location, physical facilities, supplies, toys, learning materials and teaching equipment that meet the requirements of the early childhood education programme as prescribed by the Ministry of Education and Training.

Public independent early childhood groups and classes may only be established in special zones where the conditions for establishment of early childhood schools specified in this Decree cannot be satisfied.

2. To have sufficient professional managers, teachers, staff and employees who meet the requirements of their working positions for organising child nurturing, care and education activities that satisfy the requirements of the early childhood education programme as prescribed by the Ministry of Education and Training.

3. The scale of groups and classes within independent early childhood groups and classes must comply with regulations of the Ministry of Education and Training.

Article 20. Procedures for establishment of public independent early childhood groups and classes or permission for establishment of people-founded and private independent early childhood groups and classes

1. A dossier must comprise:

a) A written request for establishment or permission for establishment of independent early childhood groups and classes, made according to Form No. 03 in the Appendix to this Decree;

b) For people-founded and private independent early childhood groups and classes, legal documents proving land use rights or house ownership, or a contract for lease of the location and physical facilities; documents explaining the amounts of money and assets already invested or committed to be invested in accordance with the projected scale of operations of the independent early childhood groups and classes, including one or more of the following documents, depending on the form of capital contribution, capital sources, types of contributed assets and status of capital contribution at the time of dossier submission: credit contracts or credit commitments of credit institutions or foreign bank branches for investment in independent early childhood groups and classes; written certification of the freezing of amounts of money in investors’ payment accounts; money transfer documents and documents on financial resources already allocated or invested; vouchers, contracts, acceptance test records, payment documents or other lawful documents proving the value of capital already invested in construction or procurement of physical facilities, technical infrastructure and equipment; documents proving lawful ownership or use rights over contributed assets, accompanied by documents determining the value of contributed assets in accordance with the law on enterprises and other relevant laws, in case of capital contribution in the form of assets.

Agencies, organisations and individuals are not required to submit copies of dossier components if the competent agency can access and use the corresponding information in national databases or specialized databases, or information digitized in accordance with regulations.

2. Implementation order:

a) For establishment of public independent early childhood groups and classes: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision. Within 08 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on establishment of the independent early childhood groups and classes;

b) For permission for establishment of people-founded and private independent early childhood groups and classes:

Organisations and individuals shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented.

Within the period specified at Point a of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with the related unit in conducting appraisal to assess satisfaction of the conditions for permission for establishment of independent early childhood groups and classes and submit the dossier to the competent authority for consideration and decision on permission for establishment; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

c) The decision on establishment or permission for establishment of independent early childhood groups and classes, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website of the agency of the competent authority.

Article 21. Suspension of operations of independent early childhood groups and classes

1. Independent early childhood groups and classes shall have their operations suspended in one of the following cases:

a) Committing fraud or providing false information in the dossier for establishment or permission for establishment;

b) During their operations, failing to satisfy any of the conditions for establishment or permission for establishment specified in Article 19 of this Decree;

c) Organising educational operations at a location other than that specified in the decision on establishment or permission for establishment;

d) Within 12 months after the decision on establishment or permission for establishment takes effect, failing to commence educational operations;

dd) Violating the law to an extent warranting suspension of operations.

2. Procedures for suspension of operations of independent early childhood groups and classes shall be carried out in the same manner as those for early childhood schools specified in Article 12 of this Decree.

Article 22. Merger, division, separation and dissolution of independent early childhood groups and classes

1. Merger, division and separation of independent early childhood groups and classes:

a) Conditions for merger, division and separation of independent early childhood groups and classes:

To conform to the strategy, master plans and socio-economic development requirements of the locality;

Independent early childhood groups and classes newly formed after division or separation must fully satisfy the conditions for establishment or permission for establishment specified in Article 19 of this Decree;

b) Procedures for merger, division and separation of independent early childhood groups and classes shall be carried out in the same manner as those for early childhood schools specified in Article 16 of this Decree.

2. Dissolution of independent early childhood groups and classes:

a) Independent early childhood groups and classes shall be dissolved in one of the following cases:

Upon expiry of the period of suspension of operations, they fail to remedy the cause of suspension;

At the request of the agency, organisation or individual that established the independent early childhood groups and classes;

b) Procedures for dissolution of independent early childhood groups and classes shall be carried out in the same manner as those for early childhood schools specified in Article 18 of this Decree.

Chapter III

GENERAL EDUCATION INSTITUTIONS AND SPECIALIZED SCHOOLS

Section 1

GENERAL EDUCATION SCHOOLS

Article 23. Conditions for establishment or permission for establishment of general education schools

1. To conform to the strategy, master plans and socio-economic development requirements of the locality where the school is headquartered.

2. To have a proposed location for school construction that conforms to local master plans or to obtain permission from a competent agency to use residential land, land for construction of offices of agencies or non-business works other than education and training works, or land for non-agricultural production and business purposes for education and training purposes, and concurrently meet the standards on location, scale, area and minimum physical facilities for each corresponding education level as prescribed by the Ministry of Education and Training. For inner-city areas of special-grade urban centers, the construction floor area may be counted as equivalent to the land area but must not be lower than the minimum average land area per student as prescribed.

Article 24. Procedures for establishment or permission for establishment of general education schools

1. A dossier must comprise:

a) A written request for establishment or permission for establishment of a general education school, made according to Form No. 03 in the Appendix to this Decree;

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

Agencies, organisations and individuals are not required to submit copies of dossier components if the competent agency can access and use the corresponding information in national databases or specialized databases, or information digitized in accordance with regulations.

2. Implementation order:

a) For public general education schools: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision. Within 10 working days after receiving a complete dossier that complies with regulations, for primary schools, lower secondary schools and multi-level general education schools with lower secondary education as their highest education level, or within 15 working days after receiving a complete dossier that complies with regulations, for upper secondary schools and multi-level general education schools with upper secondary education as their highest education level, the competent authority shall decide on establishment of the school;

b) For private general education schools and general education schools proposed by foreign diplomatic missions or intergovernmental international organisations:

Organisations and individuals shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented;

Within the period specified at Point a of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with the related unit in appraising the dossier to assess satisfaction of the conditions and submit it to the competent authority for consideration and decision on permission for establishment; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

c) For general education schools under higher education institutions offering teacher training disciplines: The higher education institution shall prepare 01 dossier set specified in Clause 1 of this Article and submit it to the authority competent to decide on establishment of the school according to the procedures specified at Point b of this Clause;

d) The decision on establishment or permission for establishment of a general education school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Article 25. Conditions for licensing of educational operations of general education schools

1. To have minimum physical facilities for each corresponding education level that meet the requirements prescribed by the Ministry of Education and Training.

Private general education schools (including general education schools proposed by foreign diplomatic missions or intergovernmental international organisations) must have a roadmap for ensuring minimum physical facilities for each corresponding education level that meet the requirements prescribed by the Ministry of Education and Training and are appropriate to the schools’ highest projected scale.

2. To have teaching and learning materials that meet the requirements of the general education programme corresponding to each education level as prescribed.

3. To have sufficient education institution managers, teachers, educational support personnel and employees who meet the requirements of their working positions for organising educational operations that satisfy the requirements of the general education programme as prescribed.

4. To have sufficient financial resources to ensure the maintenance and development of educational operations:

a) For private schools, the minimum investment amount is VND 50 million per student (excluding land use costs). The minimum total investment capital shall be calculated based on the time when the school reaches its highest projected student enrolment, but must not be lower than VND 50 billion. The investment capital plan must be appropriate to the projected scale of each stage.

In the case where a private school does not construct new physical facilities but only leases or uses existing physical facilities for its educational operations, the minimum investment amount must reach 70% of the investment amount specified at this Point;

b) For public schools, the competent management agency shall be responsible for ensuring financial resources to satisfy the requirements of the general education programme as prescribed.

Article 26. Procedures for licensing of educational operations of general education schools

1. A dossier must comprise:

a) A written request for licensing of educational operations, made according to Form No. 04 in the Appendix to this Decree, explaining the satisfaction of the conditions specified in Article 25 of this Decree, accompanied by supporting documents (if any);

b) For private general education schools, the dossier must be accompanied by documents proving financial resources, amounts of money and assets already invested or committed to be invested in accordance with the schools’ projected scale of operations, including one or more of the following documents, depending on the form of capital contribution, capital sources, types of contributed assets and status of capital contribution at the time of dossier submission: credit contracts or credit commitments of credit institutions or foreign bank branches for investment in general education schools; written certification of the freezing of amounts of money in investors’ payment accounts; money transfer documents and documents on financial resources already allocated or invested; vouchers, contracts, acceptance test records, payment documents or other lawful documents proving the value of capital already invested in construction or procurement of physical facilities, technical infrastructure and equipment; documents proving lawful ownership or use rights over contributed assets, accompanied by documents determining the value of contributed assets in accordance with the law on enterprises and other relevant laws, in case of capital contribution in the form of assets.

2. Implementation order:

a) The school shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the school, specifying the contents that need to be revised or supplemented;

b) Within 10 working days after receiving a complete dossier that complies with regulations, for primary schools, lower secondary schools and multi-level general education schools with lower secondary education as their highest education level, or within 15 working days after receiving a complete dossier that complies with regulations, for upper secondary schools and multi-level general education schools with upper secondary education as their highest education level, the specialized agency shall assume the prime responsibility for, and coordinate with related units in, conducting appraisal to assess satisfaction of the conditions for licensing of educational operations and submit the dossier to the competent authority for consideration and decision on licensing of educational operations; if the conditions are not fully satisfied, the specialized agency shall send a written notice directly, by post or by email to the school, clearly stating the reason;

c) The decision on licensing of educational operations of a general education school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Article 27. Cases of suspension of enrolment and suspension of educational operations of general education schools

1. A general education school shall have its enrolment suspended in one of the following cases:

a) During its operations, failing to satisfy any of the conditions for licensing of educational operations specified in Article 25 of this Decree;

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

c) Violating the law to an extent warranting suspension of enrolment.

2. A general education school shall have its educational operations suspended in one of the following cases:

a) Upon expiry of the period of suspension of enrolment specified in Clause 1 of this Article, failing to remedy the cause of suspension;

b) During the period of suspension of enrolment specified in Clause 1 of this Article, continuing to organise enrolment in contravention of regulations;

c) Violating the law to an extent warranting suspension of educational operations.

3. The period of suspension of enrolment or suspension of educational operations of a general education school shall be specified in the corresponding suspension decision but must not exceed 12 months.

Article 28. Procedures for suspension of enrolment and suspension of educational operations of general education schools

1. Implementation order:

a) Upon detecting that a general education school falls into a case specified in Article 27 of this Decree, the specialized agency shall conduct an inspection to assess the actual situation, make an inspection record and send a written notice directly, by post or by email to the school, requesting it to provide explanations, except where immediate suspension is necessary to protect the rights, interests and safety of students or meet state management requirements;

b) Within 05 working days after sufficient grounds for suspension are established, the specialized agency shall prepare a dossier and submit it to the competent authority for consideration and issuance of a suspension decision. The decision must clearly specify the reason for suspension, the suspension period, measures to protect the lawful rights and interests of students, education institution managers, teachers, educational support personnel and employees, and the responsibility to remedy the cause of suspension;

c) The suspension decision, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

2. Upon expiry of the suspension period, the general education school shall report the results of remedying the causes of suspension, accompanied by supporting documents (if any), to the authority competent to decide on the suspension. The general education school may resume enrolment or educational operations after the competent authority confirms that the causes of suspension have been fully remedied, or upon expiry of 05 working days after receipt of the report if the competent authority has not issued any request for further inspection or handling.

Article 29. Cases of revocation of decisions on establishment or permission for establishment and revocation of decisions on licensing of educational operations of general education schools

1. A general education school shall have its decision on establishment or permission for establishment revoked in one of the following cases:

a) Within 24 months after the decision on establishment or permission for establishment of the school takes effect, the school has not been licensed to conduct educational operations as prescribed;

b) Within 12 months after the revocation of the decision on licensing of educational operations of the school, it fails to remedy the cause of revocation or fails to carry out procedures for applying for a new decision on licensing of educational operations;

c) The decision on establishment or permission for establishment of the school was issued ultra vires or in contravention of the order or procedures prescribed by law;

d) It commits fraud or provides false information in the dossier of request for establishment or permission for establishment of the school;

dd) It violates the law to an extent warranting revocation of the decision on establishment or permission for establishment.

2. A general education school shall have its decision on licensing of educational operations revoked in one of the following cases:

a) Within 12 months after the decision on licensing of educational operations takes effect, the school fails to commence educational operations;

b) Upon expiry of the period of suspension of educational operations specified in Clause 3, Article 27 of this Decree, the school fails to remedy the cause of suspension;

c) The decision on licensing of educational operations was issued ultra vires or in contravention of the order or procedures prescribed by law;

d) It commits fraud or provides false information in the dossier of request for licensing of educational operations;

dd) It violates the law to an extent warranting revocation of the decision on licensing of educational operations.

Article 30. Procedures for revocation of decisions on establishment or permission for establishment and revocation of decisions on licensing of educational operations of general education schools

1. Implementation order:

a) Upon detecting or having grounds to determine that a general education school falls into a case specified in Article 29 of this Decree, the specialized agency shall conduct an inspection, make an inspection record and send a written notice directly, by post or by email to the school, requesting it to provide explanations, except where immediate revocation is necessary to protect the rights, interests and safety of students or meet state management requirements;

b) Within 05 working days after sufficient grounds for revocation are established, the specialized agency shall complete the dossier and submit it to the competent authority for consideration and issuance of the corresponding revocation decision. The decision must clearly specify the reason for revocation, measures to protect the lawful rights and interests of students, education institution managers, teachers, educational support personnel and employees, and the responsibility to remedy the cause of revocation;

c) The revocation decision, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media or on the website or portal of the agency of the competent authority. Within 05 working days after the decision takes effect, the school shall return the original of the revoked decision to the issuing agency. After the decision on revocation of the decision on establishment or permission for establishment of the school takes effect, land and assets on land shall be handled in accordance with relevant laws.

2. For cases of revocation due to decisions having been issued ultra vires or in contravention of the prescribed order or procedures, the competent authority shall review the order, procedures and conditions. If the prescribed requirements are satisfied, within 03 working days after the revocation decision takes effect, the competent authority shall issue a decision on establishment or permission for establishment or a decision on licensing of educational operations of the general education school in accordance with regulations.

Article 31. Conditions for merger, division and separation of general education schools

1. To conform to the strategy, master plans and socio-economic development requirements of the locality.

2. A general education school newly formed after division or separation must fully satisfy the conditions for establishment or permission for establishment specified in Article 23 and the conditions for licensing of educational operations specified in Article 25 of this Decree.

Article 32. Procedures for merger, division and separation of general education schools

1. A dossier must comprise a written request for merger, division or separation of a general education school, made according to Form No. 05 in the Appendix to this Decree, explaining the plan for handling personnel, finance, assets, land, students and the roadmap for ensuring the school’s continuous operations.

2. Implementation order:

a) For public general education schools: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision. Within 15 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on merger, division or separation of the school. Immediately after the decision on merger, division or separation of the school takes effect, the competent authority shall decide on licensing of educational operations of the newly formed school;

b) For private general education schools and general education schools proposed by foreign diplomatic missions or intergovernmental international organisations:

Organisations and individuals shall submit 01 dossier set via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented.

Within the period specified at Point a of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with related units in conducting appraisal to assess satisfaction of the conditions for merger, division or separation and submit the dossier to the competent authority for decision on merger, division or separation; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email, clearly stating the reason. Immediately after the decision on merger, division or separation of the school takes effect, the competent authority shall decide on licensing of educational operations of the newly formed school;

c) For general education schools under higher education institutions offering teacher training disciplines: The higher education institution shall prepare 01 dossier set specified in Clause 1 of this Article and submit it to the authority competent to decide on merger, division or separation of the school according to the procedures specified at Point b of this Clause;

d) The decision on merger, division or separation of a general education school and the decision on licensing of educational operations of a general education school formed after merger, division or separation, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Article 33. Cases of dissolution of general education schools

A general education school shall be dissolved in one of the following cases:

1. Its decision on establishment or permission for establishment is revoked.

2. At the request of the agency, organisation or individual that established the school.

Article 34. Procedures for dissolution of general education schools

1. A dossier for dissolution in the case specified in Clause 2, Article 33 of this Decree must comprise a written request for dissolution from the agency, organisation or individual that established the school, made according to Form No. 06 in the Appendix to this Decree, clearly stating the reason and the plan for handling the organisational apparatus, personnel, finance, assets, land, students and other related matters.

2. Implementation order:

a) For dissolution in the case specified in Clause 1, Article 33 of this Decree: Within 03 working days after the decision on revocation of the decision on establishment or permission for establishment of the school takes effect, the competent authority shall decide on dissolution of the general education school;

b) For dissolution of public schools in the case specified in Clause 2, Article 33 of this Decree: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing 01 dossier set specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision on dissolution within 05 working days;

c) For dissolution of private schools and general education schools proposed by foreign diplomatic missions or intergovernmental international organisations in the case specified in Clause 2, Article 33 of this Decree:

Organisations and individuals shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented.

Within the period specified at Point b of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with related units in appraising the dossier and submit it to the competent authority for consideration and decision on dissolution; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

d) For dissolution of general education schools under higher education institutions offering teacher training disciplines in the case specified in Clause 2, Article 33 of this Decree: The higher education institution shall prepare 01 dossier set specified in Clause 1 of this Article and submit it to the authority competent to decide on dissolution of the school according to the procedures specified at Point c of this Clause;

dd) The decision on dissolution of a general education school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website or portal of the agency of the competent authority. After the decision on dissolution of the school takes effect, land and assets on land shall be handled in accordance with relevant laws.

Section 2

SPECIALIZED SCHOOLS AND OTHER EDUCATION INSTITUTIONS IMPLEMENTING PRIMARY AND LOWER SECONDARY GENERAL EDUCATION PROGRAMMES

Article 35. Conditions and procedures for establishment, licensing of educational operations, suspension of enrolment, suspension of educational operations, revocation of decisions on establishment, revocation of decisions on licensing of educational operations, merger, division, separation and dissolution of pre-university schools

1. Conditions and procedures for establishment:

a) A pre-university school may be established when it satisfies the conditions prescribed for general education schools with upper secondary education as their highest education level;

b) A dossier must comprise:

A written request for establishment of a pre-university school from the competent management agency, made according to Form No. 03 in the Appendix to this Decree;

Legal documents proving land use rights or house ownership. The agency requesting establishment of the school is not required to submit copies of dossier components if the competent agency can access and use the corresponding information in national databases or specialized databases, or information digitized in accordance with regulations;

c) Implementation order:

The agency requesting establishment of the school shall submit 01 dossier set specified at Point b of this Clause via the National Public Service Portal or VNeID, by post, or directly to the section for receipt and return of results of administrative procedure settlement under the single-window and inter-agency single-window mechanisms of the Ministry of Education and Training. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the Ministry of Education and Training shall send a written notice directly, by post or by email to the agency requesting establishment, specifying the contents that need to be revised or supplemented;

Within 15 working days after receiving the dossier, if the dossier is complete and compliant with regulations, the Ministry of Education and Training shall organise appraisal of the dossier of request for establishment of the school and submit it to the Minister of Education and Training for consideration and decision on establishment of the pre-university school; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the agency requesting establishment of the school, clearly stating the reason;

The decision on establishment of the pre-university school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the agency requesting establishment of the school and publicly announced in the mass media or on the portal of the Ministry of Education and Training.

2. Conditions and procedures for licensing of educational operations:

a) Conditions for licensing of educational operations:

To satisfy the conditions on physical facilities and equipment prescribed for general education schools with upper secondary education as their highest education level in Article 25 of this Decree;

To have a facility for communal activities and ethnic cultural education, together with accompanying equipment;

To have a teaching plan and teaching and learning materials appropriate to the pre-university preparatory programme prescribed by the Ministry of Education and Training;

To have sufficient education institution managers, teachers, educational support personnel and employees who meet the requirements of their working positions for implementing the pre-university preparatory programme;

To have sufficient financial resources, which the competent management agency shall be responsible for ensuring, to maintain operations and satisfy the requirements of the pre-university preparatory programme;

b) A dossier must comprise a written request for licensing of educational operations, made according to Form No. 04 in the Appendix to this Decree, accompanied by documents explaining the satisfaction of the conditions specified at Point a of this Clause and corresponding supporting documents;

c) Implementation order:

The school shall submit 01 dossier set specified at Point b of this Clause via the National Public Service Portal or VNeID, by post, or directly to the section for receipt and return of results of administrative procedure settlement under the single-window and inter-agency single-window mechanisms of the Ministry of Education and Training. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the Ministry of Education and Training shall send a written notice directly, by post or by email to the school, specifying the contents that need to be revised or supplemented;

Within 15 working days after receiving the dossier, if the dossier is complete and compliant with regulations, the Ministry of Education and Training shall conduct appraisal to assess satisfaction of the conditions for licensing of educational operations and submit the dossier to the Minister of Education and Training for consideration and decision on licensing of educational operations of the pre-university school; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the school, clearly stating the reason;

The decision on licensing of educational operations of the pre-university school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly, by post or by email to the school and publicly announced in the mass media or on the portal of the Ministry of Education and Training.

3. Suspension of enrolment and suspension of educational operations:

a) A pre-university school shall have its enrolment or educational operations suspended in one of the cases prescribed for general education schools with upper secondary education as their highest education level in Clause 1 or Clause 2, Article 27 of this Decree;

b) The period of suspension of enrolment or suspension of educational operations of a pre-university school shall be specified in the corresponding suspension decision but must not exceed 12 months;

c) Implementation order:

Upon detecting that a pre-university school falls into one of the cases specified at Point a of this Clause, the Minister of Education and Training shall decide to conduct an inspection to assess the actual situation, make an inspection record and send a written notice directly, by post or by email to the school, requesting it to provide explanations, except where immediate suspension is necessary to protect the rights, interests and safety of learners or meet state management requirements;

Within 05 working days after sufficient grounds for suspension are established, the Minister of Education and Training shall, based on the inspection results, consider and decide on suspension of enrolment or suspension of educational operations of the pre-university school. The decision on suspension of enrolment or suspension of educational operations, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly, by post or by email to the school and publicly announced in the mass media or on the portal of the Ministry of Education and Training;

d) Upon expiry of the suspension period, the pre-university school shall report the results of remedying the causes of suspension, accompanied by supporting documents (if any), to the Ministry of Education and Training. The pre-university school may resume enrolment or educational operations after the Minister of Education and Training confirms that the causes of suspension have been fully remedied, or upon expiry of 05 working days after receipt of the report if the Minister of Education and Training has not issued any request for further inspection or handling.

4. Revocation of decisions on establishment and revocation of decisions on licensing of educational operations:

a) A pre-university school shall have its decision on establishment or decision on licensing of educational operations revoked in one of the cases prescribed for general education schools with upper secondary education as their highest education level in Clause 1 or Clause 2, Article 29 of this Decree;

b) Implementation order:

Upon detecting that a pre-university school falls into one of the cases specified at Point a of this Clause, the Minister of Education and Training shall decide to conduct an inspection to assess the actual situation, make an inspection record and send a written notice directly, by post or by email to the school, requesting it to provide explanations, except where immediate revocation is necessary to protect the rights, interests and safety of learners or meet state management requirements;

Within 05 working days after sufficient grounds for revocation are established, the Minister of Education and Training shall consider and decide on revocation of the decision on establishment or revocation of the decision on licensing of educational operations of the pre-university school. The decision must clearly specify the reason for revocation, measures to protect the lawful rights and interests of learners, education institution managers, teachers, educational support personnel and employees, and the responsibility to remedy the cause of revocation;

The decision on revocation of the decision on establishment or revocation of the decision on licensing of educational operations of the pre-university school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the school and publicly announced in the mass media and on the portal of the Ministry of Education and Training. Within 05 working days after the decision takes effect, the school shall return the original of the revoked decision to the Ministry of Education and Training. After the decision on revocation of the decision on establishment of the school takes effect, land and assets on land shall be handled in accordance with relevant laws.

For cases of revocation due to decisions having been issued ultra vires or in contravention of the prescribed order or procedures, the Ministry of Education and Training shall review the order, procedures and conditions. If the prescribed requirements are satisfied, within 03 working days after the revocation decision takes effect, the Minister of Education and Training shall issue a decision on establishment or a decision on licensing of educational operations of the pre-university school in accordance with regulations.

5. Merger, division and separation:

a) The merger, division and separation of pre-university schools must satisfy the requirements prescribed for general education schools with upper secondary education as their highest education level;

b) A dossier must comprise a written request for merger, division or separation of a pre-university school, made according to Form No. 05 in the Appendix to this Decree, explaining the plan for handling personnel, finance, assets, land, students and the roadmap for ensuring the school’s continuous operations;

c) Implementation order:

The competent management agency of the pre-university school shall submit 01 dossier set specified at Point b of this Clause via the National Public Service Portal or VNeID, by post, or directly to the section for receipt and return of results of administrative procedure settlement under the single-window and inter-agency single-window mechanisms of the Ministry of Education and Training. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the Ministry of Education and Training shall send a written notice directly, by post or by email to the requesting agency, specifying the contents that need to be revised or supplemented.

Within 15 working days after receiving a complete dossier that complies with regulations, the Ministry of Education and Training shall conduct appraisal to assess satisfaction of the conditions for merger, division or separation and submit the dossier to the Minister of Education and Training for consideration and decision on merger, division or separation of the pre-university school and decision on licensing of educational operations of the newly formed school; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the agency requesting merger, division or separation, clearly stating the reason.

The decision on merger, division or separation of the pre-university school and the decision on licensing of educational operations of the pre-university school formed after merger, division or separation, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the agency requesting merger, division or separation and publicly announced in the mass media or on the portal of the Ministry of Education and Training.

6. Dissolution of pre-university schools:

a) A pre-university school shall be dissolved in one of the cases prescribed for general education schools with upper secondary education as their highest education level in Article 33 of this Decree;

b) A dossier for dissolution of a pre-university school in the case specified in Clause 2, Article 33 of this Decree must comprise a written request for dissolution of the pre-university school, made according to Form No. 06 in the Appendix to this Decree, clearly stating the plan for handling the organisational apparatus, personnel, finance, assets, land, students and other related matters;

c) Implementation order:

For dissolution of a pre-university school in the case specified in Clause 1, Article 33 of this Decree: Within 03 working days after the decision on revocation of the decision on establishment of the pre-university school takes effect, the Minister of Education and Training shall decide on dissolution of the pre-university school.

For dissolution of a pre-university school in the case specified in Clause 2, Article 33 of this Decree: The competent management agency of the pre-university school shall submit 01 dossier set specified at Point b of this Clause via the National Public Service Portal or VNeID, by post, or directly to the section for receipt and return of results of administrative procedure settlement under the single-window and inter-agency single-window mechanisms of the Ministry of Education and Training. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the Ministry of Education and Training shall send a written notice directly, by post or by email to the requesting agency, specifying the contents that need to be revised or supplemented. Within 15 working days after receiving the dossier, if the dossier is complete and compliant with regulations, the Ministry of Education and Training shall organise appraisal of the dossier for dissolution of the school and submit it to the Minister of Education and Training for consideration and decision on dissolution of the pre-university school; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the agency requesting dissolution of the school, clearly stating the reason.

The decision on dissolution of the pre-university school, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the agency requesting dissolution of the school and publicly announced in the mass media or on the portal of the Ministry of Education and Training. After the decision on dissolution of the pre-university school takes effect, land and assets on land shall be handled in accordance with relevant laws.

Article 36. Conditions and procedures for establishment or permission for establishment, licensing of educational operations, suspension of enrolment, suspension of educational operations, revocation of decisions on establishment or permission for establishment, revocation of decisions on licensing of educational operations, merger, division, separation and dissolution of specialized schools (excluding pre-university schools)

1. Conditions for establishment or permission for establishment:

A specialized school may be established when it satisfies the conditions prescribed for general education schools of the corresponding education level.

2. Conditions for licensing of educational operations:

A specialized school may be licensed to conduct educational operations when it satisfies the conditions for licensing of educational operations prescribed for general education schools of the corresponding education level in this Decree and the following conditions:

a) For boarding general education schools for ethnic minority students and semi-boarding general education schools for ethnic minority students:

To have works, physical facilities and equipment for the management, care and nurturing of students, including: official-duty houses for teachers, boarding supervision rooms, boarding accommodation, kitchens, dining halls, bathrooms, sanitation facilities and clean water supply systems. The boarding accommodation must have a minimum usable area of 06 m² per student;

To have classrooms and equipment for career orientation education, general vocational training and training in traditional occupations of ethnic groups appropriate to local characteristics;

To have physical facilities, equipment and supplies for ethnic cultural education, physical training, sports, recreational and entertainment activities for students;

b) For boarding general education schools: To meet the standards on location, scale, area, physical facilities and educational equipment for boarding general education schools prescribed by the Ministry of Education and Training;

c) For specialized upper secondary schools:

To have teaching and learning equipment and materials appropriate to the advanced education programmes for specialized subjects in specialized upper secondary schools as prescribed by the Ministry of Education and Training;

To have education institution managers, teachers, educational support personnel and employees who meet the standards and requirements for performing their tasks prescribed by the Ministry of Education and Training for specialized upper secondary schools;

d) For schools for gifted students in arts, physical training and sports:

To have teachers, coaches, artists, artisans, athletes, practical experts or personnel with appropriate professional qualifications to teach or provide training in arts, physical training and sports; to ensure that they meet the requirements on professional competencies, achievements and experience and possess practising certificates, coaching certificates, professional titles, or diplomas or certificates appropriate to their teaching or training fields;

For schools for gifted students in physical training and sports: To have doctors or bachelors of sports biomedicine to treat injuries and provide health rehabilitation for students. For schools for gifted students in arts: To have health workers or personnel in charge of school healthcare to provide primary healthcare for students; if the schools organise training, practice or performances in art forms involving specific risks of injury, they must have appropriate plans for ensuring medical services, first aid, injury treatment and health rehabilitation;

To have sufficient physical facilities and equipment for students to practise and compete in gifted arts, physical training and sports disciplines; boarding accommodation for students; kitchens and dining halls; and medical rooms meeting the standards for treatment and primary healthcare for students;

dd) For other schools for gifted students: To have teachers, physical facilities and equipment for organising the teaching of gifted subjects as prescribed;

e) For schools for persons with disabilities:

To have educational contents and plans, and teaching and learning materials prescribed by the Ministry of Education and Training and appropriate to the mode of education for persons with disabilities;

To have sufficient education institution managers, teachers, educational support personnel and employees who meet the requirements of their working positions for performing the tasks of schools for persons with disabilities, appropriate to the mode of education for students with disabilities;

To have physical facilities, means, equipment and support services appropriate to the characteristics of persons with disabilities, including: classrooms appropriate to the characteristics of persons with disabilities and corresponding functional rooms for carrying out the schools’ activities; student accommodation for schools with boarding students with disabilities; and means, equipment and tools for assessment, intervention, teaching, career orientation and vocational training.

3. Procedures for establishment or permission for establishment, licensing of educational operations, suspension of enrolment, suspension of educational operations, revocation of decisions on establishment or permission for establishment, revocation of decisions on licensing of educational operations, merger, division, separation and dissolution of specialized schools:

a) For semi-boarding general education schools for ethnic minority students, boarding general education schools for ethnic minority students and boarding general education schools with lower secondary education as their highest education level: The procedures shall be carried out in the same manner as those prescribed for general education schools with lower secondary education as their highest education level;

b) For semi-boarding general education schools for ethnic minority students, boarding general education schools for ethnic minority students and boarding general education schools with upper secondary education as their highest education level, specialized upper secondary schools, schools for gifted students in arts, physical training and sports and other schools for gifted students, and schools for persons with disabilities: The procedures shall be carried out in the same manner as those prescribed for general education schools with upper secondary education as their highest education level.

For establishment or permission for establishment of specialized upper secondary schools under higher education institutions: The higher education institution shall request the competent authority to decide on establishment or permission for establishment, merger, division, separation or dissolution of the specialized upper secondary school in accordance with the regulations applicable to general education schools with upper secondary education as their highest education level.

For establishment of schools for gifted students in arts, physical training and sports under ministries or sectors: The ministry or sector shall request the competent authority to decide on establishment, merger, division, separation or dissolution of the school for gifted students in arts, physical training and sports under such ministry or sector in accordance with the regulations applicable to general education schools with upper secondary education as their highest education level. Before deciding on suspension of enrolment, suspension of educational operations, revocation of the decision on licensing of educational operations or revocation of the decision on establishment of a school for gifted students in arts, physical training and sports under a ministry or sector, the competent authority shall seek written opinions from the ministry or sector directly managing the school.

Article 37. Conditions and procedures for classes for persons with disabilities outside education institutions

1. Conditions for establishment or permission for establishment:

a) To have teaching and learning materials appropriate to the mode of education for persons with disabilities;

b) To have sufficient managers, teachers and support personnel who meet the requirements of their working positions for organising educational operations for students with disabilities;

c) To have physical facilities, means, teaching equipment and assistive equipment for persons with disabilities that are appropriate to the characteristics of their disabilities and meet the requirements specified at Point e, Clause 2, Article 36 of this Decree.

2. Procedures for establishment or permission for establishment:

a) A dossier must comprise a written request for establishment or permission for establishment of classes for persons with disabilities, made according to Form No. 03 in the Appendix to this Decree; documents explaining the satisfaction of the conditions specified in Clause 1 of this Article and corresponding supporting documents;

b) Implementation order for public classes for persons with disabilities: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified at Point a of this Clause and submitting it to the competent authority for consideration and decision. Within 10 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on establishment of the classes for persons with disabilities;

c) Implementation order for private classes for persons with disabilities: Organisations and individuals shall submit 01 dossier set specified at Point a of this Clause via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented;

Within the period specified at Point b of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with related units in appraising the dossier to assess satisfaction of the conditions and submit it to the competent authority for consideration and decision on permission for establishment; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

d) The decision on establishment or permission for establishment of classes for persons with disabilities, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website of the agency of the competent authority.

3. Suspension of operations, merger, division, separation and dissolution:

a) Classes for persons with disabilities outside education institutions shall have their operations suspended in one of the following cases:

They commit fraud or provide false information in the dossier for establishment or permission for establishment;

During their operations, they fail to satisfy any of the conditions for establishment or permission for establishment specified in Clause 1 of this Article;

They organise educational operations at a location other than that specified in the decision on establishment or permission for establishment;

Within 12 months after the decision on establishment or permission for establishment takes effect, they fail to commence educational operations;

They violate the law to an extent warranting suspension of operations;

b) Conditions for merger, division and separation:

To conform to the strategy, master plans and socio-economic development requirements of the locality;

Classes for persons with disabilities outside education institutions newly formed after division or separation must fully satisfy the conditions for establishment or permission for establishment specified in Clause 1 of this Article;

c) Classes for persons with disabilities outside education institutions shall be dissolved in one of the following cases:

Upon expiry of the period of suspension of operations, they fail to remedy the cause of suspension;

At the request of the agency, organisation or individual that established the classes;

d) Procedures for suspension of operations, merger, division, separation and dissolution of classes for persons with disabilities outside education institutions shall be carried out in the same manner as those prescribed for independent early childhood groups and classes in Articles 21 and 22 of this Decree.

Article 38. Conditions and procedures for other education institutions to implement primary and lower secondary general education programmes

1. Conditions for other education institutions to implement primary and lower secondary general education programmes:

a) To have sufficient education institution managers and teachers who meet the requirements of their working positions for implementing primary and lower secondary general education programmes as prescribed;

b) To have classrooms that meet the prescribed specifications and ensure the safety of teachers and students in accordance with regulations on school hygiene, and ensure accessibility and usability for students with disabilities as prescribed by the Ministry of Education and Training;

c) To have teaching and learning equipment and materials appropriate to primary and lower secondary general education programmes as prescribed by the Ministry of Education and Training.

2. A dossier must comprise a written request for permission to implement primary and lower secondary general education programmes, made according to Form No. 07 in the Appendix to this Decree.

3. Implementation order:

a) The education institution shall submit 01 dossier set specified in Clause 2 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the education institution, specifying the contents that need to be revised or supplemented;

b) Within 05 working days after receiving a complete dossier that complies with regulations, the specialized agency shall assume the prime responsibility for, and coordinate with related units in, conducting appraisal to assess satisfaction of the conditions for implementing the programmes and submit the dossier to the competent authority for consideration and decision on permission for the other education institution to implement primary and lower secondary general education programmes; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the education institution, clearly stating the reason.

The decision on permission, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the education institution and publicly announced in the mass media or on the website of the agency of the competent authority.

4. Suspension and revocation of decisions on permission for other education institutions to implement primary and lower secondary general education programmes shall be carried out in accordance with the corresponding regulations on suspension of educational operations and revocation of decisions on licensing of educational operations of general education schools specified in Articles 27, 28, 29 and 30 of this Decree.

Chapter IV

CONTINUING EDUCATION INSTITUTIONS

AND OTHER EDUCATION INSTITUTIONS

Article 39. Conditions for establishment or permission for establishment of education centers

1. For continuing education centers and vocational and continuing education centers:

a) To have a location, physical facilities, classrooms, functional rooms and teaching equipment that meet the requirements of the continuing education programmes implemented at the center as prescribed by the Ministry of Education and Training;

b) To have teaching and learning materials that meet the requirements of the continuing education programmes implemented at the center as prescribed by the Ministry of Education and Training;

c) To have sufficient managers, teachers, staff and employees who meet the requirements of their working positions for implementing continuing education programmes as prescribed by the Ministry of Education and Training.

2. For community learning centers:

a) To have a location, classrooms, working rooms and teaching equipment that meet the requirements of educational activities at the center;

b) To have learning plans and learning materials appropriate to the educational activities at the center as prescribed by the Ministry of Education and Training;

c) To have sufficient managers, teachers or persons participating in teaching who meet the requirements of their working positions for organising educational activities at the center as prescribed by the Ministry of Education and Training.

3. For other centers performing continuing education tasks:

a) Other centers performing continuing education tasks are continuing education institutions that perform the tasks of continuing education specified in Article 42 of the Education Law. Other centers performing continuing education tasks include foreign-language centers; informatics centers; foreign-language and informatics centers; language and culture centers; life skills education centers; knowledge enrichment centers; arts centers; and centers implementing training and further training programmes to improve professional competencies;

b) Other centers performing continuing education tasks may be established or permitted for establishment when they satisfy the following conditions:

To have a location, physical facilities, classrooms, functional rooms and teaching equipment that meet the requirements of the education programmes implemented at the center as prescribed by the Ministry of Education and Training;

To have teaching and learning materials that meet the requirements of the education programmes implemented at the center as prescribed by the Ministry of Education and Training;

To have sufficient managers, teachers, staff and employees who meet the requirements of their working positions for implementing education programmes at the center as prescribed by the Ministry of Education and Training.

4. For vocational education centers:

a) To have a location, physical facilities, classrooms, functional rooms and teaching equipment that meet the requirements of elementary-level training programmes and other vocational training programmes implemented at the center as prescribed by the Ministry of Education and Training;

b) To have teaching and learning materials that meet the requirements of elementary-level training programmes and other vocational training programmes implemented at the center as prescribed by the Ministry of Education and Training;

c) To have sufficient managers, teachers, staff and employees who meet the requirements of their working positions to ensure the implementation of elementary-level training programmes and other vocational training programmes as prescribed by the Ministry of Education and Training.

5. For centers for inclusive education development support:

a) To have physical facilities, means, equipment and support services appropriate to the characteristics of persons with disabilities, including: premises, working rooms for managers, teachers and staff; classrooms and corresponding functional rooms for carrying out the center’s activities; student accommodation for centers with boarding students with disabilities; means, equipment and tools for assessment, intervention, teaching, career orientation and vocational training; and professional materials and support materials to ensure the implementation of the center’s activities;

b) To have managers, teachers and staff with professional qualifications appropriate to the modes of education for persons with disabilities;

c) To have further training and counselling materials appropriate to the modes of education for persons with disabilities;

d) Where a center for inclusive education development support organises teaching for students with disabilities, it must also satisfy the following requirements:

To have teaching and learning materials appropriate to students with disabilities as prescribed by the Ministry of Education and Training;

To have sufficient managers, teachers and staff who meet the requirements of their working positions for implementing education programmes for students with disabilities.

Article 40. Procedures for establishment or permission for establishment of education centers

1. A dossier of request must comprise:

a) A written request for establishment or permission for establishment of the center, made according to Form No. 03 in the Appendix to this Decree;

b) For private education centers (including other centers performing continuing education tasks under universities, academies, university colleges and colleges that are located outside their campuses), legal documents proving land use rights or house ownership, or a contract for lease of the location and physical facilities for a minimum term of 03 years; documents explaining the amount of money and assets already invested or committed for investment in accordance with the center’s projected scale of operations, comprising one or more of the following documents, depending on the form of capital contribution, source of capital, type of assets contributed as capital and status of capital contribution at the time of dossier submission: credit contracts or credit commitments of credit institutions or foreign bank branches for investment in the center; written confirmation of the freezing of funds in the investor’s payment account; remittance documents or documents concerning financial resources already allocated or invested; vouchers, contracts, acceptance records, payment documents or other lawful documents proving the value of capital already invested in construction, procurement of physical facilities, technical infrastructure and equipment; documents proving ownership or lawful use rights over assets contributed as capital, accompanied by documents determining the value of the contributed assets in accordance with the law on enterprises and relevant laws, in the case of capital contribution in the form of assets.

Organisations and individuals are not required to submit copies of dossier components if the competent agency can access and use the corresponding information in national databases or specialized databases, or information digitized in accordance with regulations.

2. Implementation order:

a) For public education centers: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 1 of this Article and submitting it to the competent authority for consideration and decision. Within 10 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on establishment of the center;

b) For private education centers: Organisations and individuals shall submit 01 dossier set specified in Clause 1 of this Article via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented;

Within the period specified at Point a of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with related units in conducting appraisal to assess satisfaction of the conditions for permission for establishment of the center and submit the dossier to the competent authority for consideration and decision on permission for establishment; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

c) The decision on establishment or permission for establishment of the education center, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Article 41. Cases of suspension of operations of education centers

1. An education center shall have its operations suspended in one of the following cases:

a) It commits fraud or provides false information in the dossier of request for establishment or permission for establishment;

b) During its operations, it fails to satisfy any of the conditions specified in Article 39 of this Decree;

c) It organises educational operations at a location other than that specified in the decision on establishment or permission for establishment;

d) Within 12 months after the decision on establishment or permission for establishment takes effect, the education center fails to commence educational operations;

dd) It violates the law to an extent warranting suspension of operations.

2. The period of suspension of operations of an education center shall be specified in the suspension decision but must not exceed 12 months.

Article 42. Procedures for suspension of operations of education centers

1. Implementation order:

a) Upon detecting that an education center falls into a case specified in Article 41 of this Decree, the specialized agency shall conduct an inspection to assess the actual situation, make an inspection record and send a written notice directly, by post or by email to the education center, requesting it to provide explanations, except where immediate suspension is necessary to protect the rights, interests and safety of learners or meet state management requirements;

b) Within 05 working days after sufficient grounds for suspension are established, the specialized agency shall complete the dossier and submit it to the competent authority for consideration and issuance of a decision on suspension of operations. The decision must clearly specify the reason for suspension, the suspension period, measures to protect the lawful rights and interests of learners, managers, teachers and staff, and the responsibility to remedy the cause of suspension;

c) The decision on suspension of operations of the education center, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the center and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

2. Upon expiry of the suspension period, the education center shall report the results of remedying the causes of suspension, accompanied by supporting documents (if any), to the authority competent to decide on the suspension. The education center may resume operations after the competent authority confirms that the causes of suspension have been fully remedied, or upon expiry of 05 working days after receipt of the report if the competent authority has not issued any request for further inspection or handling.

Article 43. Conditions and procedures for merger, division and separation of education centers

1. The merger, division and separation of education centers must satisfy the following requirements:

a) To conform to the strategy, master plans and socio-economic development requirements of the locality;

b) A center formed after division or separation must satisfy the conditions specified in Article 39 of this Decree.

2. A dossier must comprise a written request for merger, division or separation of an education center, made according to Form No. 05 in the Appendix to this Decree, explaining the plan for handling the organisational apparatus, personnel, finance, assets, land, learners and the roadmap for ensuring the institution’s continuous operations.

3. Implementation order:

a) For public education centers: The specialized agency shall assume the prime responsibility for preparing the dossier and coordinate with related units in submitting it to the competent authority for consideration and decision. Within 06 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on merger, division or separation of the public center;

b) For private education centers: Organisations and individuals shall submit 01 dossier set via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented;

Within the period specified at Point a of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall coordinate with related units in conducting appraisal to assess satisfaction of the conditions for merger, division or separation and submit the dossier to the competent authority for issuance of a decision on merger, division or separation; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

c) The decision on merger, division or separation of the education center, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Article 44. Cases of and procedures for dissolution of education centers

1. An education center shall be dissolved in one of the following cases:

a) Upon expiry of the period of suspension of operations, it fails to remedy the cause of suspension;

b) At the request of the agency, organisation or individual that established the education center.

2. A dossier for dissolution of a center in the case specified at Point b, Clause 1 of this Article must comprise a written request for dissolution of the center, made according to Form No. 06 in the Appendix to this Decree, clearly stating the plan for handling the organisational apparatus, personnel, finance, assets, land, learners and other related matters.

3. Implementation order:

a) For dissolution in the case specified at Point a, Clause 1 of this Article: Within 05 working days after expiry of the suspension period without receiving a report on the results of remedying the causes of suspension, accompanied by supporting documents (if any), the specialized agency shall assume the prime responsibility for, and coordinate with related units in, inspecting the actual situation of the center and submit the dossier to the competent authority for consideration and decision on dissolution;

b) For dissolution of public education centers in the case specified at Point b, Clause 1 of this Article: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified in Clause 2 of this Article and submitting it to the competent authority for consideration and decision on dissolution. Within 07 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on dissolution of the center;

c) For dissolution of private education centers in the case specified at Point b, Clause 1 of this Article:

Organisations and individuals shall submit 01 dossier set via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented;

Within the period specified at Point b of this Clause after receiving a complete dossier that complies with regulations, the specialized agency shall assume the prime responsibility for, and coordinate with related units in, appraising the dossier for dissolution of the education center and submit it to the competent authority for consideration and decision on dissolution; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

d) The decision on dissolution of the education center, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website or portal of the agency of the competent authority.

Article 45. Conditions and procedures for independent classes

1. Conditions for establishment or permission for establishment of independent classes:

a) To have a location and classrooms that meet the prescribed specifications, ensure hygiene and safety, and provide sufficient lighting and conditions for learners;

b) To have teaching and learning materials and teaching equipment appropriate to the short-term programmes being taught;

c) To have sufficient managers, teachers and support personnel who meet the requirements of their working positions for implementing education programmes as prescribed by the Ministry of Education and Training.

2. Procedures for establishment or permission for establishment of independent classes:

a) A dossier must comprise a written request for establishment or permission for establishment of independent classes, made according to Form No. 03 in the Appendix to this Decree; documents explaining the satisfaction of the conditions specified in Clause 1 of this Article and accompanying supporting documents;

b) Implementation order:

For public independent classes: The specialized agency shall assume the prime responsibility for, and coordinate with related units in, preparing a dossier specified at Point a of this Clause and submitting it to the competent authority for consideration and decision. Within 10 working days after receiving a complete dossier that complies with regulations, the competent authority shall decide on establishment of the public independent classes;

For private independent classes: Organisations and individuals shall submit 01 dossier set via the National Public Service Portal or VNeID, by post, or directly to the single-window section of the dossier-receiving agency of the competent authority. Within 02 working days after receiving the dossier, if the dossier is incomplete or fails to comply with regulations, the dossier-receiving agency shall send a written notice directly, by post or by email to the organisations or individuals, specifying the contents that need to be revised or supplemented. Within 10 working days after receiving a complete dossier that complies with regulations, the specialized agency shall assume the prime responsibility for, and coordinate with related units in, conducting appraisal to assess satisfaction of the conditions for permission for establishment of independent classes and submit the dossier to the competent authority for consideration and decision on permission for establishment; if the conditions are not fully satisfied, it shall send a written notice directly, by post or by email to the organisations or individuals, clearly stating the reason;

c) The decision on establishment or permission for establishment of independent classes, made according to Form No. 08 in the Appendix to this Decree, shall be delivered directly or by post to the organisations or individuals and publicly announced in the mass media or on the website of the agency of the competent authority.

3. Suspension of operations, merger, division, separation and dissolution:

a) Independent classes shall have their operations suspended in one of the following cases:

They commit fraud or provide false information in the dossier for establishment or permission for establishment;

During their operations, they fail to satisfy any of the conditions for establishment or permission for establishment specified in Clause 1 of this Article;

They organise educational operations at a location other than that specified in the decision on establishment or permission for establishment;

Within 12 months after the decision on establishment or permission for establishment takes effect, they fail to commence educational operations;

They violate the law to an extent warranting suspension of operations;

b) Conditions for merger, division and separation:

To conform to the strategy, master plans and socio-economic development requirements of the locality;

Independent classes newly formed after division or separation must fully satisfy the conditions for establishment or permission for establishment specified in Clause 1 of this Article;

c) Independent classes shall be dissolved in one of the following cases:

Upon expiry of the period of suspension of operations, they fail to remedy the cause of suspension;

At the request of the agency, organisation or individual that established the classes;

d) Procedures for suspension of operations, merger, division, separation and dissolution of independent classes shall be carried out in the same manner as those prescribed for independent early childhood groups and classes in Articles 21 and 22 of this Decree.

Chapter V

IMPLEMENTATION PROVISIONS

Article 46. Effect

1. This Decree takes effect from the date of its signing.

2. The following provisions cease to be effective from the effective date of this Decree:

a) Chapters II, III, IV, V and VIII of the Government’s Decree No. 125/2024/ND-CP dated October 05, 2024, prescribing conditions for investment and operation in education;

b) The provisions on vocational education centers in Chapters II and III of the Government’s Decree No. 143/2016/ND-CP dated October 14, 2016, prescribing conditions for investment and operation in vocational education, as amended and supplemented by Decree No. 140/2018/ND-CP and Decree No. 24/2022/ND-CP;

c) The provisions on short-term training and further training institutions, early childhood education institutions and general education institutions in Articles 28, 31, 33, 34, 35, 36, 38, 40, 41, 42, 45, 46, 47, 48, 49, 50 and 51 of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018, on foreign cooperation and investment in education, as amended and supplemented by Decree No. 124/2024/ND-CP.

Article 47. Transitional provisions

1. Education institutions specified in Article 2 of this Decree that have been established or permitted for establishment and permitted to conduct educational operations before the effective date of this Decree are not required to apply again for establishment or permission for establishment or licensing of educational operations.

2. The provisions on investment and operation conditions applicable to early childhood education institutions, general education institutions, continuing education institutions, specialized schools and other education institutions before the effective date of this Decree shall continue to apply to the settlement of administrative procedures for these education institutions during the period from July 01, 2026 to before the effective date of this Decree. The competence to settle administrative procedures shall comply with the Education Law.

3. Where dossiers of request for settlement of administrative procedures for early childhood education institutions, general education institutions, continuing education institutions, specialized schools and vocational education centers have been received in full and in compliance with regulations before the effective date of this Decree:

a) Dossiers received in full and in compliance with regulations before July 01, 2026 shall continue to be processed in accordance with the laws effective at the time of their receipt, including where the competence to settle the relevant administrative procedures has been adjusted in accordance with law;

b) Dossiers received in full and in compliance with regulations from July 01, 2026 to before the effective date of this Decree shall be processed in accordance with the laws that the Government permitted to continue to apply at the time of their receipt under Resolution No. 23/2026/NQ-CP or Clause 2 of this Article, except for the case specified at Point c of this Clause;

c) For dossiers received in full and in compliance with regulations as specified at Point b of this Clause but for which no settlement results have been issued before the effective date of this Decree, the organisations or individuals submitting the dossiers may choose either to continue the procedures under Point b of this Clause or to apply the provisions of this Decree. Where the competence to settle administrative procedures changes, the agency that received the dossier shall transfer the entire dossier, documents and available processing and appraisal results to the agency or competent authority prescribed in this Decree for continued settlement. The time of receipt of a complete dossier that complies with regulations shall be determined according to the time of its receipt by the previous receiving agency;

d) The competent agency shall not require organisations or individuals to resubmit papers or documents already submitted if such papers or documents comply with this Decree or if the relevant information or data are already available in national databases or specialized databases, or have previously been confirmed or processed by the competent authority.

4. For cases in which procedures for suspension of educational operations commenced before the effective date of this Decree, inspection and verification results, conclusions, requests for explanations and requests for remedial action that have been duly completed in compliance with regulations shall continue to be used for handling in accordance with regulations. Where the competence to handle such cases is adjusted, the agency that commenced the procedures shall transfer the dossier, documents and available handling results to the agency or person competent under this Decree for continued handling.

5. Schools that were established or permitted for establishment but have not submitted dossiers of request for permission to conduct educational operations before the effective date of this Decree shall carry out procedures for applying for licensing of educational operations in accordance with this Decree.

6. Private education institutions permitted for establishment at the request of two or more investors before January 01, 2026 must carry out procedures for applying for establishment of an economic organisation in accordance with the laws on investment and enterprises before January 01, 2027, and notify the competent authority within 14 working days after completion of the procedures, as prescribed in Clause 1, Article 12 of the Government’s Decree No. 66/2026/ND-CP of March 02, 2026, detailing a number of articles of the Education Law.

The establishment of the economic organisation shall be carried out on the basis of an agreement between the parties in accordance with civil law, the law on enterprises and relevant laws. Investors shall be responsible for transferring contributed capital portions, allocating rights and obligations, or resolving disputes through negotiation, mediation or the Court in accordance with law.

The economic organisation established under this Clause shall be the investor of the private education institution and shall succeed to all rights and obligations of the previous investors in relation to the education institution. The economic organisation shall be responsible for ensuring that the education institution continues to fully and uninterruptedly perform its rights and obligations towards learners, teachers, education institution managers, employees and related organisations and individuals.

7. Schools established or permitted for establishment before the effective date of this Decree whose names contain words or phrases of a “national” nature or indicating a special status (“international”, “national”, “Vietnam”), names of other countries or words or phrases with similar meanings must carry out procedures for renaming in accordance with this Decree within 12 months after its effective date if such use may cause misunderstanding as to their legal status, scope of operations or state sponsorship.

Article 48. Implementation responsibilities

Ministers, heads of ministerial-level agencies, chairpersons of the People’s Committees of provinces and cities, and related organisations and individuals shall be responsible for implementing this Decree.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

LE TIEN CHAU