Decree 361/2026/ND-CP conditions for investment in vocational education, higher education

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THE GOVERNMENT
^__________
No. 361/2026/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
^{____________________}
Hanoi, September 17, 2026

DECREE

Prescribing conditions for investment and operation in vocational education, higher education and education quality accreditation

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

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

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

Pursuant to the Law No. 124/2025/QH15 on Vocational Education;

Pursuant to the Law No. 125/2025/QH15 on Higher Education;

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

Pursuant to the Law No. 02/2026/QH16 on the Capital;

Pursuant to the Law No. 18/2026/QH16 on Urban Development;

Pursuant to the Government’s Resolution No. 16.17/2026/NQ-CP on reduction and amendment of sectors and trades subject to conditional business investment;

At the proposal of the Minister of Education and Training,

The Government hereby promulgates the Decree prescribing conditions for investment and operation in vocational education, higher education and education quality accreditation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes conditions for investment and operation in vocational education, higher education and education quality accreditation, which cover:

a) Establishment or permission for establishment, revocation of decisions on establishment or permission for establishment, relocation of training places, merger, division, separation and dissolution; grant of licenses, revocation of licensing decisions, suspension of admission, and suspension of operation of vocational education institutions and higher education institutions; merger of vocational education institutions into higher education institutions; merger of public non-business units into public vocational education institutions or higher education institutions;

b) Permission for establishment, dissolution, revocation of decisions on permission for establishment, grant of operation licenses, suspension of admission, and suspension of operation of Vietnam-based foreign higher education institution branches; Vietnam-based foreign vocational education institution branches whose highest training level is equivalent to the collegial level in Vietnam (below referred to as Vietnam-based foreign vocational education institution branches);

c) Grant of licenses, revocation of licensing decisions, suspension of admission, and suspension of operation of higher education institutions engaged in vocational education activities and other educational institutions conducting higher education activities;

d) Establishment or permission for establishment, and dissolution of branches;

dd) Quality assurance conditions of training places of vocational education institutions and higher education institutions;

e) Operation assurance conditions for Vietnamese education quality accreditation organizations, and foreign education quality accreditation organizations operating in Vietnam; public disclosure of information, update of data, and suspension and termination of education quality accreditation activities.

2. For universities and colleges subject to the mechanisms and policies under the Law on the Capital and the Law on Urban Development, in case these laws or documents of competent agencies detailing and guiding the implementation of these laws provide otherwise on the matters falling within the scope of regulation of this Decree, the provisions of such laws or documents shall prevail.

Article 2. Subjects of application

This Decree applies to:

1. Vocational education institutions include: public vocational education institutions; private vocational education institutions invested and assured of operation conditions by domestic investors or foreign investors.

2. Higher education institutions include: public higher education institutions; private higher education institutions invested and assured of operation conditions by domestic investors or foreign investors.

3. Higher education institutions engaged in vocational education activities.

4. Other educational institutions conducting higher education activities.

5. Vietnam-based foreign vocational education institution branches, and Vietnam-based foreign higher education institution branches.

6. Branches and training places of the vocational education institutions or higher education institutions prescribed in Clause 1 and Clause 2 of this Article.

7. Vietnamese vocational education and higher education quality accreditation organizations; foreign quality accreditation organizations operating in Vietnam.

8. Relevant other organizations and individuals.

Article 3. Implementation principles

1. Increasing decentralization in settling administrative procedures and managing educational activities.

2. Harmoniously combining pre-inspection and post-inspection; enhancing post-inspection, and increasing the responsibilities and accountability of organizations and individuals.

Competent agencies and persons shall conduct post-inspection on the basis of inspection, examination, supervision, and periodical review and cross-checking of information and data in the national databases, specialized databases and other lawful data sources; in case of discovering failure to satisfy the conditions, they shall handle the cases within their competence.

3. The receipt and settlement of administrative procedures shall be carried out publicly and transparently in the electronic environment in accordance with law. Agencies settling administrative procedures shall retrieve and use information and data in the national databases, specialized databases or digitized data as prescribed; and must not require organizations and individuals to provide copies of the corresponding dossier components that such agencies can retrieve and use.

Copies of the dossier components prescribed in this Decree shall be provided in one of the following forms: copies issued from master registers, certified true copies, or copies enclosed with the originals for comparison; in case of submitting dossiers in the electronic environment, electronic copies issued from master registers or electronic copies certified from the originals in accordance with law shall be provided.

4. When organizing the assessment, assuming agencies shall coordinate with relevant agencies in verifying specialized conditions or seeking consensus on guidelines in accordance with law; in case it is necessary to coordinate for verification or seeking opinions, the time limit for assessment may be extended accordingly but must not exceed 05 working days. The physical assessment shall only be carried out in case the dossiers, information and data are insufficient to assess and verify the specialized conditions as prescribed, and shall be decided and organized by competent persons settling the administrative procedures or decentralized or authorized agencies. The physical assessment must ensure publicity and transparency without generating unnecessary procedures, dossier components, time and compliance costs.

5. In case, after a merger, division or separation of a vocational education institution or higher education institution, the vocational education institution that receives the merger or the vocational education institution that is divided or separated continues to exist without changing the licensed scope of educational activities and quality assurance conditions, it may continue organizing educational activities within the licensed scope as confirmed in the merger, division or separation decision.

In case, after a merger, division or separation, a vocational education institution or higher education institution undergoes changes in its quality assurance conditions and licensed scope of educational activities or forms a new legal entity, the procedures for granting an educational activity license or adjusting and supplementing the decision on licensing educational activities shall be carried out in accordance with this Decree.

6. In case of requesting the implementation of procedures for merger among public vocational education institutions and higher education institutions; merger of public vocational education institutions into public higher education institutions; merger of public non-business units into public vocational education institutions or higher education institutions; or establishment of public vocational education institutions, public higher education institutions or branches on the basis of legally operating educational institutions and training institutions, in which the related educational institutions, training institutions and public non-business units are affiliated to different direct managing agencies, these direct managing agencies shall coordinate and agree on the details under their management to finalize the merger scheme before submitting it to a competent person for consideration and decision.

7. The public disclosure of information and update of data as prescribed in this Decree must comply with regulations on state secrets and treaties to which the Socialist Republic of Vietnam is a contracting party.

8. Upon terminating all or part of educational activities at its head office, branch or training place according to this Decree, an educational institution shall formulate and implement a plan to ensure the lawful rights and interests of learners, teachers, administrators, staff and employees; handle assets, contracts, financial obligations and other obligations in accordance with law; and report to the competent agency on the plan and implementation results for monitoring and management.

Article 4. Competence

1. Chairpersons of provincial-level People’s Committees: Decisions on establishment or permission for establishment, merger, division, separation, dissolution, revocation of decisions on establishment or permission for establishment, and relocation of head offices and branches of vocational intermediate schools and intermediate schools; establishment or permission for establishment, and dissolution of branches of vocational intermediate schools and intermediate schools, except the cases prescribed in Clause 4 of this Article.

2. Directors of provincial-level Departments of Education and Training: Decisions on grant of licenses, suspension of admission, suspension of operation, and revocation of licensing decisions for vocational education activities of vocational intermediate schools and intermediate schools (including intermediate schools prescribed in Clause 4 of this Article).

3. The Minister of Education and Training:

a) Decisions on establishment or permission for establishment, merger, division, separation, dissolution, revocation of decisions on establishment or permission for establishment, and relocation of head offices and branches of colleges and higher education institutions; decisions on establishment or permission for establishment, and dissolution of branches of colleges and higher education institutions (including branches of higher education institutions formed on the basis of legally operating educational institutions and training institutions established or permitted for establishment by the Prime Minister), except the cases prescribed in Clause 4 of this Article and Clause 2, Article 1 of this Decree;

b) Decisions on permission for establishment, dissolution, and revocation of decisions on permission for establishment of Vietnam-based foreign vocational education institution branches, and Vietnam-based foreign higher education institution branches;

c) Decisions on merger or permission for merger of vocational intermediate schools and intermediate schools into colleges; decisions on merger or permission for merger of vocational education institutions into higher education institutions, except the cases prescribed in Clause 4 of this Article and Clause 2, Article 1 of this Decree;

d) Decisions on grant of licenses, suspension of admission, suspension of operation, and revocation of operation licensing decisions for colleges (including colleges prescribed in Clause 4 of this Article), Vietnam-based foreign vocational education institution branches, higher education institutions, other educational institutions conducting higher education activities, higher education institutions engaged in vocational education activities, and Vietnam-based foreign higher education institution branches, except the cases prescribed in Clause 2, Article 1 of this Decree;

dd) Decisions on suspension and termination of education quality accreditation activities.

4. The Minister of National Defence and the Minister of Public Security shall, based on the provisions of this Decree, the laws on national defense, security and protection of state secrets, and internal orders and procedures:

a) Decide on establishment or permission for establishment, merger, division, separation, dissolution, revocation of decisions on establishment or permission for establishment, and relocation of head offices and branches of intermediate schools and colleges under their management after obtaining the written consensus on guidelines from the chairpersons of the provincial-level People’s Committees of the localities where the intermediate schools and colleges are expected to locate their head offices or branches after the establishment, division, separation or merger, or the localities where the intermediate schools and colleges currently locate their head offices or branches (in case of dissolution); for colleges and branches of colleges, the consensus on guidelines of the Ministry of Education and Training is additionally required;

b) Decide on merger of intermediate schools into colleges under their management after obtaining the written consensus on guidelines from the Ministry of Education and Training and the chairpersons of the provincial-level People’s Committees of the localities where the colleges are expected to locate their head offices after the merger.

5. Competent persons who establish or grant permission to establish vocational education institutions and higher education institutions have the competence to decide on the merger of public non-business units into public vocational education institutions and higher education institutions.

6. The heads of vocational education institutions and higher education institutions shall decide on the organization of training at other training places and relocation of training places outside their head offices and branches.

Chapter II

VOCATIONAL EDUCATION INSTITUTIONS AND HIGHER EDUCATION INSTITUTIONS ENGAGED IN VOCATIONAL EDUCATION ACTIVITIES

Section 1

VOCATIONAL EDUCATION INSTITUTIONS; BRANCHES AND TRAINING PLACES OF VOCATIONAL EDUCATION INSTITUTIONS; VIETNAM-BASED FOREIGN VOCATIONAL EDUCATION INSTITUTION BRANCHES

Article 5. Conditions for establishment and permission for establishment of vocational education institutions, branches of vocational education institutions, and Vietnam-based foreign vocational education institution branches

1. Conditions for a vocational education institution (including cases of new establishment or establishment on the basis of a legally operating educational institution):

a) Conforming with the strategy, master plan and requirements for socio-economic development approved by a competent agency;

b) Having at least 01 location for building the head office which is allocated or leased by the State or of which the land use rights and ownership of land-attached assets have been certified or confirmed by a competent agency in accordance with law, with a minimum land area of 0.5 ha for a vocational intermediate school or an intermediate school, and a minimum of 01 ha for a college; having facilities suitable to the regulations on standards and limits on the use of construction areas for non-business public works in the field of education and training, ensuring the educational environment and safety for learners, teachers, administrators and staff, and satisfying the regulations on construction, safety, hygiene, environmental protection and land.

A private vocational education institution invested and assured of operation conditions by a foreign investor is allowed to lease physical facilities stably and continuously for a period of at least 05 years to serve vocational education activities;

c) Having financial capacity as follows:

For a public vocational education institution, there must be a construction investment project approved by a competent agency at the time of requesting establishment, which clearly identifies the funding source for implementation according to the plan, or a construction investment project that has been finalized upon completion as prescribed.

For a private vocational education institution, the investment capital for establishment must be lawful capital, excluding land use right value; ensuring the maintenance of training activities corresponding to the expected training scale and the development strategy and plan of the vocational education institution for a period of at least 05 years after establishment. At the time of assessing the permission for establishment, the investor must complete and test for acceptance the facilities, technical infrastructure, equipment and other tangible assets for the vocational education institution at the head office location, with the actual total investment value, audited or valued, reaching at least VND 12 billion (for a vocational intermediate school), VND 15 billion (for an intermediate school), or VND 30 billion (for a college).

Within 90 days from the date the private vocational education institution is permitted to be established, the investor shall transfer to the vocational education institution the land use rights, assets, facilities, technical infrastructure, equipment and other tangible assets assessed under this Clause, as well as cash capital and other lawful assets to ensure the maintenance of training activities corresponding to the expected training scale.

Additional investments exceeding the minimum investment levels prescribed at this Point shall be made according to the investor’s investment roadmap and commitment, and the development plan of the vocational education institution.

2. Conditions for establishment of a branch of a vocational education institution (including cases of new establishment or establishment on the basis of a legally operating educational institution):

a) Regarding physical facilities: The location of the branch has a land area satisfying the minimum level calculated in square meters per learner according to the standards of vocational education institutions, corresponding to the expected minimum equivalent regular training scale (excluding basic-level learners) as follows: 250 learners for a branch of a vocational intermediate school or intermediate school, and 350 learners for a branch of a college, falling under the lawful use rights of the vocational education institution over the land or land-attached facilities for educational activities with a remaining term of at least 20 years at the time of dossier submission; having facilities satisfying the standards and limits on the use of construction areas for non-business public works in the field of education and training, ensuring the educational environment and safety for learners, teachers, administrators and staff, and complying with laws on construction, safety, hygiene, environmental protection and land.

b) Regarding financial capacity:

For a branch of a public vocational education institution, there must be a branch construction investment project approved by a competent managing agency at the time of requesting establishment, which clearly identifies the funding source for implementation according to the plan, or a construction investment project that has been finalized upon completion as prescribed.

For a branch of a private vocational education institution, there must be lawful investment capital, excluding land use right value; ensuring the maintenance of training activities corresponding to the expected training scale at the branch and the development strategy and plan for a period of at least 05 years after the branch is established. At the time of assessing the permission for establishment, the investor must complete and test for acceptance the facilities, technical infrastructure, equipment and other tangible assets for the vocational education institution at the branch location, with the actual total investment value, audited or valued, reaching at least VND 03 billion for a vocational intermediate school, VND 05 billion for an intermediate school, and VND 10 billion for a college.

Within 90 days from the date the branch of the private vocational education institution is permitted to be established, the investor shall transfer to the vocational education institution the land use rights, assets, facilities, technical infrastructure, equipment and other tangible assets assessed under this Clause, as well as cash capital and other lawful assets to ensure the maintenance of training activities corresponding to the expected training scale at the branch.

3. A branch of a foreign vocational education institution is permitted to be established in Vietnam when it satisfies the following conditions:

a) The respective conditions prescribed in Clause 1 of this Article applied to private vocational education institutions invested and assured of operation conditions by foreign investors;

b) The foreign vocational education institution investing in establishing a branch in Vietnam must be legally established and operating in a foreign country; maintaining an internal quality assurance system and being legally recognized or accredited by an education quality accreditation organization or education quality assurance agency recognized or licensed to operate by the competent state regulatory agency in charge of education of the country where the educational institution is headquartered.

Article 6. Procedures for establishment and permission for establishment of vocational education institutions, branches of vocational education institutions, and Vietnam-based foreign vocational education institution branches

1. 01 dossier for establishment or permission for establishment of a vocational education institution shall be made, comprising:

a) A written request for establishment of a public vocational education institution made by the direct managing agency, or a written request for permission for establishment of a private vocational education institution made by an organization or individual, using Form No. 01 in Appendix I to this Decree.

For a public college directly affiliated to a ministry (except colleges affiliated to the Ministry of Public Security or Ministry of National Defence), a state enterprise or another central agency, and a private college, in case the existing information and data are insufficient to determine the matters under local-level state governance, comments must be sought from the provincial-level People’s Committee of the locality where the college is expected to locate its head office, or other information, documents and proofs showing information on the expected head office location of the vocational education institution and matters under local-level state governance related to the conditions prescribed at Point a and Point b, Clause 1, Article 5 of this Decree;

b) A copy of legal documents proving the land use rights or ownership of land-attached assets, or a document of a competent agency on land allocation or land lease for the operation of the vocational education institution, clearly determining the location, boundaries, address and area of the land parcel for placing the head office, enclosed with proofs of completion of financial obligations on land as prescribed, if any (for cases of new establishment), or a copy of legal documents confirming the land use rights or ownership of land-attached assets granted by a competent agency to a legally operating educational institution (for cases of establishment on the basis of legally operating educational institutions); proofs of compliance with the laws on investment and construction.

For a vocational education institution invested and assured of operation conditions by a foreign investor, the legal dossier proving the land use rights or ownership of land-attached assets is replaced by a legal dossier proving the lawful use rights over land and land-attached assets for the operation of the vocational education institution in accordance with Vietnamese law.

Agencies, organizations and individuals are not required to submit copies of dossier components if competent agencies can retrieve and use corresponding information in the national databases, specialized databases or digitized data as prescribed;

c) Proofs of financial capacity as prescribed at Point c, Clause 1, Article 5 of this Decree to serve operations at the head office, comprising one or several of the following documents:

For a public vocational education institution: a copy of the document approving the investment guidelines, investment decision, document approving or assigning the public investment plan, or a copy of the document approving the finalization of the completed school construction investment project, and valuation certificate issued by a competent agency;

For a private vocational education institution: a written commitment to ensuring financial resources as prescribed in this Decree, enclosed with copies of documents proving the investor’s financial capacity to directly serve the operation of the vocational education institution, comprising one or several of the following documents, depending on the form of capital contribution, funding source, type of contributed assets, and the status of capital contribution at the time of dossier submission: credit contract, commitment on credit extension of a credit institution or foreign bank branch for investment in the vocational education institution; written confirmation of the blocked amount in the investor’s payment account; money transfer vouchers and documents for financial resources that have been arranged or invested; vouchers, contracts, records of acceptance test and payment, or other lawful documents proving the value of capital invested in the construction or procurement of facilities, technical infrastructure and equipment; documents proving the ownership or lawful use rights over contributed assets enclosed with documents determining the value of contributed assets in accordance with the law on enterprises and relevant laws, if contributing capital in assets.

2. 01 dossier of request for establishment or permission for establishment of a branch of a vocational education institution shall be made, comprising:

a) A written request for establishment of a branch of a vocational education institution made using Form No. 01 in Appendix I to this Decree, enclosed with the approval of guidelines by the direct managing agency of the public vocational education institution or the owning organization or individual for the private vocational education institution.

For a branch of a public college directly affiliated to a ministry (except colleges affiliated to the Ministry of Public Security or Ministry of National Defence), a state enterprise or another central agency, and a private college, in case the existing information and data are insufficient to determine the matters under local-level state governance, there must be a copy of a document of the provincial-level People’s Committee of the locality where the college is expected to locate its branch, or other information, documents and proofs showing information on the branch location of the vocational education institution and matters under local-level state governance related to the conditions prescribed at Point a, Clause 2, Article 5 of this Decree;

b) A copy of legal documents proving the lawful use rights or ownership over land and land-attached facilities; a copy of legal documents proving the land use rights or ownership of land-attached facilities of the leasing, lending or associating party (for cases of new establishment), or a copy of legal documents confirming the land use rights or ownership of land-attached assets granted by a competent agency to a legally operating educational institution (for cases of establishment on the basis of legally operating educational and training institutions); proofs of compliance with the laws on investment and construction.

c) A written commitment to ensuring financial resources for investment and maintenance of the branch’s operations as prescribed at Point b, Clause 2, Article 5 of this Decree, enclosed with documents proving the financial capacity to directly serve the branch’s operations as prescribed at Point c, Clause 1 of this Article.

3. 01 dossier of request for permission for establishment of a branch of a foreign vocational education institution in Vietnam shall be made, comprising:

a) Dossier components required for a private vocational education institution invested and assured of operation by a foreign investor as prescribed in Clause 1 of this Article;

b) Proofs that the vocational education institution is currently recognized or has valid education quality accreditation.

4. The order of implementing procedures for establishment and permission for establishment of a vocational education institution not falling under the competence of the Minister of Public Security or the Minister of National Defence is as follows:

a) The agency, organization or individual shall send 01 dossier as prescribed in Clause 1 of this Article via the National Public Service Portal, via VNeID, via postal service or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree;

b) Within 03 working days after receiving the dossier, if the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice specifying the details to be modified or supplemented to the agency, organization or individual.

If the dossier is complete and valid, a competent person prescribed in Article 4 of this Decree shall decide to establish an assessment board. The assessment board is responsible for assessing the feasibility of the project on establishment or permission for establishment of the vocational education institution and shall dissolve automatically upon completing its tasks.

An assessment board for a dossier for establishment or permission for establishment of a college must comprise: A representative of the Ministry of Education and Training acting as the chairperson, and members who are representatives of: The Ministry of Finance, the Ministry of Home Affairs, and relevant agencies (if any).

An assessment board for a dossier for establishment or permission for establishment of a vocational intermediate school or an intermediate school must comprise: A representative of the Department of Education and Training acting as the chairperson, and members who are representatives of several specialized agencies of the provincial-level People’s Committee, including: the Department of Finance, the Department of Home Affairs, and relevant agencies (if any).

Representatives of the agencies appointed to join the assessment board shall be responsible for matters related to the functions and tasks of their respective agencies;

c) Within 05 working days after its establishment, the assessment board shall organize an assessment of the satisfaction of conditions for establishment or permission for establishment of the vocational education institution. Representatives of the relevant agencies and units appointed to join the assessment board shall be responsible for matters related to the functions and tasks of their respective agencies;

d) Based on the conclusion of the assessment board, within 03 working days from the date of assessment, the dossier-receiving agency shall issue a written notice on the assessment results to the agency, organization or individual requesting the establishment or permission for establishment of the vocational education institution;

dd) In case the dossier is qualified according to the conclusion of the assessment board, within 05 working days from the date of the assessment conclusion or from the date of receiving the complete dossier finalized according to the conclusion of the assessment board, the agency assigned to process the dossier shall submit it to a competent person to decide on the establishment of the public vocational education institution or grant permission for the establishment of the private vocational education institution using Form No. 09 in Appendix I to this Decree. In case the conditions for deciding on establishment or permission for establishment are not met, a written reply clearly stating the reason shall be issued.

5. The order and procedures for establishment and permission for establishment of a branch of a vocational education institution not falling under the competence of the Minister of Public Security or the Minister of National Defence are as follows:

a) The vocational education institution shall send 01 dossier as prescribed in Clause 2 of this Article via the National Public Service Portal, via VNeID, via postal service or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree;

b) Within 02 working days after receiving the dossier, if the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice specifying the details to be modified or supplemented to the agency, organization or individual.

c) Within 03 working days after receiving a complete and valid dossier, the agency or organization assigned to process the dossier shall organize an assessment of the satisfaction of conditions for establishment and submit it to a competent person prescribed in Article 4 of this Decree to decide on the establishment of the branch of the public vocational education institution or grant permission for the establishment of the branch of the private vocational education institution using Form No. 09 in Appendix I to this Decree. In case the conditions for deciding on establishment or permission for establishment are not met, a written reply clearly stating the reason shall be issued.

6. The order of implementing procedures for permission for establishment of a branch of a foreign vocational education institution in Vietnam shall be the same as the order of implementing procedures for establishment and permission for establishment of a vocational education institution prescribed in Clause 4 of this Article.

7. Responsibilities for implementation:

a) In case of establishing a vocational education institution or a branch of a vocational education institution on the basis of legally operating educational institutions and training institutions, the vocational education institution or its branch, after establishment, is responsible for inheriting the rights and obligations towards learners admitted at the head office or branch prior to the establishment until the end of their courses in accordance with the establishment decision; and must ensure no disruption to training activities, the recognition of academic results, the grant of diplomas and certificates, and the lawful rights and interests of teachers, public employees, employees, learners, and related parties.

The management, use and transfer of finance, assets, land, dossiers, data, and other rights and obligations of the legally operating educational and training institutions shall comply with the decision on establishment of the vocational education institution in conformity with laws on public assets, state budget, land, public employees, labor, and relevant laws;

b) Within 90 days from the date of the decision on establishment or permission for establishment, the investor must send the competent agency a report enclosed with proofs of the transfer of capital, assets, facilities, technical infrastructure, equipment, and other tangible assets as prescribed in this Decree to the vocational education institution or the branch of the foreign vocational education institution in Vietnam to organize and maintain educational activities under this Decree.

8. The public disclosure and sending of decisions on establishment or permission for establishment shall be carried out as follows:

a) The decision on establishment or permission for establishment shall be publicly disclosed on the website of the decision-issuing agency and in the mass media;

b) Within 02 working days after issuing a decision on establishment or permission for establishment of a college or a branch of a college, or a branch of a foreign vocational education institution in Vietnam, the Ministry of Education and Training shall send the decision to the managing agency of the college and the provincial-level People’s Committee of the locality where the college locates its head office or branch for monitoring and management;

c) Within 02 working days after issuing a decision on establishment or permission for establishment of a vocational intermediate school, an intermediate school, or a branch of a vocational intermediate school or an intermediate school, the provincial-level People’s Committee issuing the decision shall send the decision to the Ministry of Education and Training, the provincial-level People’s Committee of the locality where the branch is located, if the branch is located in a province or centrally run city different from the head office, and the agency, organization or individual requesting the establishment or permission for establishment for monitoring and management;

d) Within 02 working days after issuing a decision on establishment of an intermediate school, a college, or a branch of an intermediate school or a college under its management, the Ministry of National Defence or the Ministry of Public Security shall send the decision to the Ministry of Education and Training and the provincial-level People’s Committee of the locality where the vocational education institution locates its head office or branch for monitoring and management.

Article 7. Merger, division and separation of vocational education institutions; merger of vocational education institutions into higher education institutions; merger of public non-business units into public vocational education institutions

1. Conditions:

a) Conforming with the strategy, master plan, socio-economic development requirements, or policies on the reorganization of public non-business units and public educational institutions approved by a competent agency;

b) A vocational education institution formed after a division or separation must satisfy the conditions prescribed in Clause 1, Article 5 of this Decree.

2. The procedures for merger, division and separation of a vocational education institution are as follows:

a) A dossier shall comprise:

A written request (using Form No. 02 in Appendix I to this Decree) from the direct managing agency, for a public vocational education institution, or from the owning organization or individual, for a private vocational education institution;

b) Sequence of implementation:

The direct managing agency, for a public school, or the owning organization or individual, for a private vocational education institution, shall send 01 dossier as prescribed at Point a of this Clause via the National Public Service Portal, via VNeID, via postal service or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree.

Within 02 working days after receiving the dossier, if the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice specifying the details to be modified or supplemented to the agency, organization or individual.

Within 05 working days after receiving a complete and valid dossier, the agency or organization assigned to process the dossier shall organize an assessment of the satisfaction of conditions for the division, separation or merger of the vocational education institution, and submit it to a competent person prescribed in Article 4 of this Decree to decide on or grant permission for the division, separation or merger of the vocational education institution using Form No. 09 in Appendix I to this Decree. In case of division or separation of a college, it is required to obtain comments from the provincial-level People’s Committee of the locality where the vocational education institution locates its head office after the division or separation regarding matters under local-level state governance related to the conditions prescribed at Point a and Point b, Clause 1 of this Article.

In case the conditions for deciding on division, separation or merger are not met, a written reply clearly stating the reason shall be issued.

3. The procedures for merger of a vocational education institution into a higher education institution are as follows:

a) A dossier shall comprise:

A written request for merger from the direct managing agency of a public higher education institution or the organization or individual owning a private higher education institution (using Form No. 03 in Appendix I to this Decree);

b) Sequence of implementation:

The higher education institution shall send 01 dossier as prescribed at Point a of this Clause via the National Public Service Portal, via VNeID, via postal service or directly to the Single window division of the Ministry of Education and Training.

Within 05 working days after receiving the dossier, if the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice specifying the details to be modified or supplemented to the agency, organization or individual. If the dossier is complete and valid, the Minister of Education and Training shall decide to establish an assessment board to organize the assessment, comprising: A representative of the Ministry of Education and Training acting as the chairperson, and members who are representatives of the Ministry of Finance, the Ministry of Home Affairs, the provincial-level People’s Committee of the locality where the higher education institution locates its head office, and relevant agencies. Representatives of the agencies appointed to join the assessment board shall be responsible for matters related to the functions and tasks of their respective agencies. The assessment board shall dissolve automatically upon completing its tasks.

Within 20 working days from its establishment, the assessment board shall organize an assessment, compile an assessment report evaluating the satisfaction of conditions prescribed in Clause 1 of this Article, and submit it to the Minister of Education and Training to decide on the merger of the vocational education institution into the higher education institution (using Form No. 09 in Appendix I to this Decree). In case the conditions for deciding on merger are not met, a written reply clearly stating the reason shall be issued.

4. The procedures for merger of a public non-business unit into a public vocational education institution are as follows:

a) 01 dossier shall comprise:

A written request for merger from the direct managing agency of the vocational education institution (using Form No. 02 in Appendix I to this Decree);

b) The order of implementing procedures for merger of a public non-business unit into a public vocational education institution complies with the order and procedures prescribed at Point b, Clause 2 of this Article.

5. Vocational education activities following a merger, division or separation:

a) Vocational education activities following a merger, division or separation shall comply with the principles prescribed in Clause 5, Article 3 of this Decree. In case it is required to grant a license or adjust and supplement the decision on licensing vocational education activities, the provisions of Article 9 and Article 10 of this Decree shall apply;

b) In case a higher education institution in the cases prescribed in Clause 3, Article 7 of the Law on Vocational Education continues to conduct vocational education activities after a merger:

In the written request for merger, the higher education institution must clearly state its need to continue vocational education activities and explain its satisfaction of conditions for licensing vocational education activities under this Decree.

In addition to assessing the merger conditions, the Ministry of Education and Training shall organize an assessment of the satisfaction of conditions for licensing vocational education activities; and obtain opinions from specialized management agencies according to management decentralization for training programs in the fields of health, national defense and security in accordance with the Law on Vocational Education. In this case, the assessment time limit may be extended if necessary, but the total time for organizing the assessment after extension must not exceed 25 working days.

In case of satisfying sufficient conditions, the Ministry of Education and Training shall issue a decision to grant a vocational education activity license to the higher education institution after the merger, concurrently with the decision on merger or permission for merger of the vocational education institution into the higher education institution (using Form No. 09 in Appendix I to this Decree). In case the conditions are not satisfied, a written reply clearly stating the reason shall be issued.

6. Responsibilities for implementation:

a) A vocational education institution or higher education institution formed after a merger, or a vocational education institution formed after a division or separation shall continue implementing rights and obligations towards learners admitted before the merger, division or separation until the end of their courses according to the decision on merger, division or separation; and must ensure no disruption to training activities, the recognition of academic results, the grant of diplomas and certificates, and the lawful rights and interests of teachers, public employees, employees, learners, and related parties;

b) The management, use and transfer of finance, assets, land, dossiers, data, and other rights and obligations of the merged, divided or separated vocational education institution and public non-business unit shall comply with the decision on merger, division or separation in conformity with laws on public assets, state budget, land, public employees, labor, and relevant laws.

7. The public disclosure and sending of a decision on merger, division or separation of a vocational education institution; a decision on merger of a vocational education institution into a higher education institution; or a decision on merger of a public non-business unit into a public vocational education institution shall be carried out in the same manner as a decision on establishment or permission for establishment of a vocational education institution.

The public disclosure and sending of a decision on licensing vocational education activities for a higher education institution after a merger (if any) shall be carried out in the same manner as a decision on licensing vocational education activities for a vocational education institution.

Article 8. Dissolution and permission for dissolution of vocational education institutions, branches of vocational education institutions, and Vietnam-based foreign vocational education institution branches

1. A vocational education institution, a branch of a vocational education institution, or a branch of a foreign vocational education institution in Vietnam shall be dissolved in the following cases:

a) The vocational education institution has its decision on establishment or permission for establishment revoked, or the branch of the vocational education institution or the branch of the foreign vocational education institution in Vietnam has its decision on permission for establishment revoked under this Decree;

b) The agency, organization or individual requesting the establishment or permission for establishment of the vocational education institution, branch of the vocational education institution, or branch of the foreign vocational education institution in Vietnam requests its dissolution or permission for dissolution.

2. 01 dossier requesting dissolution or permission for dissolution in the case prescribed at Point b, Clause 1 of this Article shall be made, comprising: A written request for dissolution from the direct managing agency of a public vocational education institution, or the owning organization or individual of a private vocational education institution or a branch of a foreign vocational education institution in Vietnam, using Form No. 04 in Appendix I to this Decree.

3. Sequence of implementation:

a) In the case prescribed at Point a, Clause 1 of this Article, within 03 working days from the date of revoking the decision, a competent person shall issue a dissolution decision using Form No. 09 in Appendix I to this Decree;

b) In the case prescribed at Point b, Clause 1 of this Article, the agency, organization or individual shall send a dossier as prescribed in Clause 2 of this Article via the National Public Service Portal, via VNeID, via postal service or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree.

Within 03 working days after receiving the dossier, if the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice specifying the details to be modified or supplemented to the agency, organization or individual.

Within 07 working days after receiving a complete and valid dossier, the agency or organization assigned to process the dossier shall inspect it and submit it to a competent person to issue a decision on dissolution or permission for dissolution using Form No. 09 in Appendix I to this Decree. In case of not deciding on dissolution or permission for dissolution, a written reply clearly stating the reason shall be issued.

4. Responsibilities for implementation: After a vocational education institution, a branch of a vocational education institution, or a branch of a foreign vocational education institution in Vietnam is dissolved, land recovery, handling of land-attached assets, and other related issues shall be carried out in accordance with the land law, the law on the management and use of public assets, the civil law, and relevant laws.

5. The public disclosure and sending of a decision on dissolution or permission for dissolution shall be carried out in the same manner as a decision on establishment or permission for establishment.

Article 9. Conditions, scope and cases of licensing vocational education activities

1. A vocational education institution or a branch of a foreign vocational education institution in Vietnam shall be granted a vocational education activity license when it satisfies the following conditions corresponding to the requested scope of licensing, unless otherwise prescribed in Clause 2 of this Article:

a) The leadership and management apparatus, internal document system, and the quantity and qualifications of the teaching staff satisfy the standards for vocational education institutions promulgated by the Ministry of Education and Training, suitable to the expected training scale and the development strategy and plan of the vocational education institution for a period of at least 05 years;

b) The institution has areas of theoretical classrooms, practice rooms, workshops, laboratories, and internship rooms satisfying the minimum levels calculated in square meters per equivalent regular learner according to regulations on standards for vocational education institutions, suitable to the expected training scale.

During the period when the standards for vocational education institutions have not yet prescribed the minimum levels calculated in square meters per equivalent regular learner, the areas of theoretical classrooms, practice rooms and workshops used for learning and teaching must ensure an average of at least 5.5 m² per student slot;

c) Facilities, equipment, technologies and learning materials satisfy the regulations on training program standards for the major, trade, group of majors, group of trades, or field; suitable to the expected training scale for a period of at least 05 years.

In case there are no training program standards for the respective major, trade, group of majors, group of trades, or field, it shall comply with the training program promulgated by the head of the vocational education institution, conformable with the Vietnamese Qualifications Framework and satisfying the requirements for quality assurance in vocational education training;

d) The institution has sufficient training programs for each major and trade expected to be enrolled and trained within the group of majors or group of trades requesting licensing, meeting the requirements on structure, content, order, procedures, and competence for promulgation according to regulations of the Ministry of Education and Training and other specialized laws (if any).

2. In case a vocational education institution or a branch of a foreign vocational education institution in Vietnam grants a foreign diploma, it must ensure conformity with regulations on joint training with foreign countries regarding: majors, trades and training levels; admission subjects; training facilities and equipment; training programs, textbooks and materials; teaching staff; and languages of teaching and learning.

3. A vocational education institution or a branch of a foreign vocational education institution in Vietnam shall register for a license or an adjustment and supplementation to the decision on licensing vocational education activities in the following cases:

a) Licensing vocational education activities for a new group of majors or group of trades;

b) Following a merger, division or separation of a vocational education institution falls in the case where it has to implement procedures for licensing or adjusting and supplementing the decision on licensing vocational education activities in accordance with Clause 5, Article 3 of this Decree;

c) Establishing a branch or opening an additional training place outside the training places licensed for vocational education activities (unless otherwise prescribed in Clause 4 of this Article);

d) Relocating the head office, branch, or training place licensed for vocational education activities to another location.

4. A vocational education institution or a branch of a foreign vocational education institution in Vietnam is not required to carry out the procedures for registration for a vocational education activity license in case of organizing training at a location other than the licensed location if it falls into one of the following cases:

a) It organizes the training of a number of modules, subjects, practices, and internships that do not exceed 30% of the total knowledge volume of the training program of the major or trade within the group of majors or group of trades at the licensed location;

b) Specialized laws prescribe that practical training and internships must be organized at off-campus locations.

5. A vocational education institution or a branch of a foreign vocational education institution in Vietnam may admit learners and organize training for majors and trades within the group of majors and group of trades for which a competent agency has granted a vocational education activity license.

Article 10. Procedures for grant of vocational education activity licenses

1. 01 dossier shall be made, comprising: A written request for a vocational education activity license of the vocational education institution or the branch of a foreign vocational education institution in Vietnam, using Form No. 05 in Appendix I to this Decree, which explains the conditions for being granted a vocational education activity license, and is only enclosed with corresponding proofs for information and data that are not yet available in the databases of state agencies or have not been connected and shared in accordance with law.

2. Sequence of implementation:

a) The vocational education institution or the branch of a foreign vocational education institution in Vietnam shall send the dossier prescribed in Clause 1 of this Article via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree;

b) Within 01 working day after receiving the dossier, if the dossier is incomplete or invalid, a written reply clearly stating the reason shall be issued;

c) Within 06 working days after receiving a complete and valid dossier, the assigned agency or the decentralized or authorized agency shall organize an assessment of the satisfaction of licensing conditions and submit it to a competent person prescribed in Article 4 of this Decree to issue a decision on grant of a vocational education activity license using Form No. 09 in Appendix I to this Decree. In case the conditions for deciding on grant of a vocational education activity license are not met, a written reply clearly stating the reason shall be issued.

For a group of majors or group of trades requesting a license that has a training program in the fields of health, law, national defense and security, the competent person granting the license as prescribed in Article 4 of this Decree must obtain opinions from the specialized management agency of that field according to management decentralization before granting the vocational education activity license.

3. Public disclosure and sending of decisions:

The decision on grant of a vocational education activity license shall be publicly disclosed on the website of the vocational education institution, the branch of the foreign vocational education institution in Vietnam, the agency of the competent person settling the procedures that issues the decision, and in the mass media.

Within 02 working days after issuing the decision on grant of a vocational education activity license, the Department of Education and Training shall update the specialized database on vocational education and send the decision to the provincial-level People’s Committee and the Ministry of Education and Training for monitoring and management.

4. For specific majors, trades, and training levels within a group of majors or group of trades that have been licensed for operation but were not indicated in the dossier requesting the license, at least 30 days before the first admission notice, the vocational education institution or the branch of the foreign vocational education institution in Vietnam is responsible for self-assessing its satisfaction of operation assurance conditions for the major or trade expected to be enrolled; and simultaneously sending a document using Form No. 08 in Appendix I to this Decree to the competent agency granting the license for monitoring and management.

For majors and trades in the fields of health, law, national defense and security, the vocational education institution or the branch of the foreign vocational education institution in Vietnam shall simultaneously send a document using Form No. 08 in Appendix I to this Decree to the specialized management agency for monitoring and management.

The vocational education institution or the branch of the foreign vocational education institution in Vietnam shall be responsible before law for the accuracy of the updated information and the assurance of operation conditions for the enrolled major or trade.

5. In case of requesting an adjustment and supplementation to the decision on grant of a vocational education activity license, the dossier and sequence of implementation are the same as those prescribed for the grant of a vocational education activity license in this Article; the details of the dossier, information, and data shall be determined correspondingly to the requested scope of adjustment and supplementation.

Article 11. Cases of suspension of admission and suspension of vocational education activities

1. A vocational education institution or a branch of a foreign vocational education institution in Vietnam shall have its admission suspended correspondingly to the scope of violation in any of the following cases:

a) It fails to satisfy one of the conditions for establishment, permission for establishment, or conditions for grant of an educational activity license as prescribed during its operation;

b) It conducts vocational education activities outside the licensed scope;

c) It commits a violation of law to the extent that admission must be suspended.

2. A vocational education institution or a branch of a foreign vocational education institution in Vietnam shall have its operation suspended correspondingly to the scope of violation in any of the following cases:

a) It has its admission suspended as prescribed in Clause 1 of this Article but fails to remedy the cause of such suspension, or continues to illegally admit and train learners during the admission suspension period;

b) It commits a violation of law to the extent that operation must be suspended.

Article 12. Sequence of implementation of suspension of admission and suspension of vocational education activities

1. Inspection, assessment, and issuance of decisions:

a) Competent agencies and persons shall organize an inspection and assessment of the act and severity of the violation, and determine the reason for suspension; and notify the inspection and assessment results for the vocational education institution or the branch of the foreign vocational education institution in Vietnam to explain, unless otherwise immediate suspension is required to ensure the rights and safety of learners or the requirements of state governance. In case there are sufficient grounds for suspension, the dossier of inspection and assessment results shall be sent via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree;

b) Within 05 working days after receiving the results of inspection and assessment of the act and severity of the violation, and the determined reason for suspension, a competent person shall decide to suspend admission or suspend vocational education activities using Form No. 09 in Appendix I to this Decree.

2. Suspension period: The suspension period shall be determined in the suspension decision but must not exceed 12 months.

3. Public disclosure and sending of decisions: The public disclosure and sending of the decision on suspension of admission or suspension of vocational education activities shall be carried out in the same manner as the decision on grant of a vocational education activity license.

4. Responsibilities for implementation:

a) The vocational education institution or the branch of the foreign vocational education institution in Vietnam must not admit learners or operate within the suspended scope during the suspension period; is responsible for ensuring the rights of currently enrolled learners; and shall implement measures to remedy the violation at the request of the competent agency;

b) Upon the expiration of the suspension period, the vocational education institution or the branch of the foreign vocational education institution in Vietnam is responsible for publicly disclosing on its website that it has remedied the cause of the suspension; fully updating relevant information and data in the specialized database on vocational education; and issuing a written notice to the competent person who issued the suspension using Form No. 06 in Appendix I to this Decree, which is only enclosed with corresponding proofs for information and data that are not yet available in the databases of state agencies or have not been connected and shared in accordance with law.

c) The vocational education institution or the branch of the foreign vocational education institution in Vietnam may resume admission and operations for the suspended scope after a competent person confirms that the cause of the suspension has been fully remedied, or after 05 working days from the date of receiving the notice without the competent person requesting further inspection and handling;

d) The state regulatory agency in charge of education according to management decentralization shall conduct inspection and supervision of the operations of the vocational education institution or the branch of the foreign vocational education institution in Vietnam in accordance with law; in case of discovering failure to satisfy the conditions, it shall handle the cases within its competence.

Article 13. Cases of revocation of decisions on establishment or permission for establishment, or decisions on grant of vocational education activity licenses

1. A vocational education institution shall have its decision on establishment or permission for establishment revoked, or a branch of a vocational education institution or a branch of a foreign vocational education institution in Vietnam shall have its decision on permission for establishment revoked in any of the following cases:

a) Its establishment is no longer conformable with the strategy, master plan, and socio-economic development requirements approved by competent authorities;

b) It fails to satisfy the conditions for being granted a vocational education activity license after 03 years from the effective date of the decision on establishment or permission for establishment;

c) The institution has its operation licensing decision revoked in accordance with this Decree or relevant laws but fails to carry out the procedures for grant of a vocational education activity license within 03 (three) years;

d) The investor establishing the private vocational education institution, the branch of the private vocational education institution, or the branch of the foreign vocational education institution in Vietnam fails to send a report and documents proving the fulfillment of commitments on investment capital transfer within the time limit prescribed in this Decree;

dd) The institution commits fraudulent acts or provides false information in the dossier requesting establishment or permission for establishment;

e) The institution commits a violation of law to the extent that the establishment decision must be revoked;

g) The decision on establishment or permission for establishment is issued ultra vires or non-compliant with the order and procedures prescribed by law.

2. A vocational education institution or a branch of a foreign vocational education institution in Vietnam shall have its decision on grant of a vocational education activity license revoked correspondingly to the licensed group of majors, group of trades, and training location in any of the following cases:

a) It fails to organize vocational education activities within 24 months from the date of being granted the vocational education activity license;

b) The institution has its vocational education activities suspended but failing to remedy the cause of the suspension upon the expiration of the suspension period, according to the inspection conclusion of the competent agency;

c) It commits fraudulent acts or provides false information in the dossier requesting an educational activity license;

d) It commits a violation of law to the extent that the operation licensing decision must be revoked;

dd) The vocational education institution dissolves in accordance with law;

e) The decision on grant of a vocational education activity license is issued ultra vires or non-compliant with the prescribed order and procedures.

Article 14. Sequence of implementation of revocation of decisions on establishment or permission for establishment, or decisions on grant of vocational education activity licenses

1. Inspection, assessment, and issuance of decisions:

a) Competent agencies and persons shall organize an inspection and assessment, and determine the reason for revocation; and notify the inspection and assessment results for the vocational education institution or the branch of the foreign vocational education institution in Vietnam to explain, unless otherwise immediate revocation is required to ensure the rights and safety of learners or the requirements of state governance. In case there are sufficient grounds for revocation, the dossier of inspection and assessment results shall be sent via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree;

b) Within 03 working days after receiving the inspection and assessment results, a competent person prescribed in Article 4 of this Decree shall issue a decision to revoke the decision on establishment or permission for establishment, or the decision on grant of a vocational education activity license (using Form No. 09 in Appendix I to this Decree).

2. Public disclosure and sending of decisions: The public disclosure and sending of the decision on revocation of the decision on establishment or permission for establishment, or the decision on revocation of the decision on grant of a vocational education activity license shall be carried out in accordance with regulations applicable to decisions on establishment or permission for establishment, or decisions on grant of vocational education activity licenses.

3. Responsibilities for implementation:

a) In case of revoking a decision as prescribed at Points a, b, c, d, dd and e, Clause 1, and Points a, b, c, d and dd, Clause 2, Article 13 of this Decree, within 05 working days from the date of receiving the revocation decision, the vocational education institution or the branch of the foreign vocational education institution in Vietnam is responsible for returning the revoked decision on establishment, permission for establishment, or operation license to the decision-issuing agency.

In case of revoking a decision as prescribed at Point g, Clause 1, and Point e, Clause 2, Article 13 of this Decree, within 03 working days from the effective date of the revocation decision, a competent person shall review the sequence, procedures and conditions; in case of satisfying the regulations, the competent authority is responsible for issuing a replacement decision using Form No. 09 in Appendix I to this Decree;

b) The vocational education institution or the branch of the foreign vocational education institution in Vietnam having its decision revoked is responsible for ensuring the lawful rights and interests of learners, teachers, administrators, staff, and employees, and performing relevant obligations in accordance with law.

In case of revoking the decision on establishment or permission for establishment, the competent agency shall issue a written notice to the provincial-level People’s Committee of the locality where the vocational education institution locates its head office or branch, or where the branch of the foreign vocational education institution in Vietnam locates its head office, to handle the recovery of the school construction land use rights allocated within its competence (if any).

In case of revoking the operation licensing decision, the vocational education institution or the branch of the foreign vocational education institution in Vietnam shall terminate educational activities within the revoked scope, and must not admit learners or organize training within that scope.

Article 15. Standards, criteria, and quality assurance conditions for other training places of vocational education institutions

1. A vocational education institution is granted a vocational education activity license at training places other than the cases prescribed in Clause 4, Article 9 of this Decree when it satisfies the operation licensing conditions prescribed in Article 9 of this Decree and that training place ensures the following criteria and standards:

a) Conforming with the strategy, master plan and requirements for socio-economic development approved by a competent agency;

b) The vocational education institution is certified or confirmed by a competent agency regarding the lawful use rights over construction land, or has ownership over land-attached facilities within the land use planning and plans for education, or is permitted by a competent authority to use residential land, land for building agency headquarters, public service facilities other than education and training works, or non-agricultural production and business land as a training place in accordance with law for a minimum period of 05 years; has facilities satisfying the conditions for grant of a vocational education activity license corresponding to the expected regular training scale (excluding basic-level learners) at the following minimum levels: 250 learners for a college; 200 learners for a vocational intermediate school or an intermediate school, complying with the laws on construction, safety, hygiene, and environmental protection.

2. Another training place prescribed in Clause 4, Article 9 of this Decree may implement part of the training program within the licensed scope of the vocational education institution when satisfying the following standards, criteria, and quality assurance conditions:

a) For a joint training location or a practical training location, the vocational education institution must have a contract, agreement, or coordination document with the organization or individual having the lawful right to use that location, clearly defining the training details, responsibilities for managing learners and instructors, conditions of facilities, equipment, safety, and the inspection and assessment of academic results;

b) The joint training location must satisfy the quality assurance requirements prescribed at Points b and c, Clause 1, Article 9 of this Decree corresponding to the module, subject, or portion of the training program implemented at that location;

c) The practical training and internship location must ensure conditions for practice, internship, equipment, instructors, occupational safety and hygiene, and specialized conditions suitable to the requirements of the module, subject, training program, and specialized laws.

3. The vocational education institution is responsible for ensuring the unity, integrity, and quality of the training program when organizing training at multiple different locations. The admission, learner management, training organization, inspection, assessment, quality assurance, and grant of diplomas and certificates shall be implemented uniformly by the vocational education institution; other training places outside the head office and branches must not independently organize admission, manage learners, or grant diplomas and certificates, and shall not give rise to branches or independent training units.

4. In case the vocational education institution itself discovers or a competent agency concludes that the training location fails to satisfy the requirements prescribed in this Article, the vocational education institution must terminate training at that location and is responsible for ensuring the lawful rights of learners, teachers, administrators, and staff, as well as other obligations and responsibilities upon the request of the competent agency and in accordance with law, and shall report the plan and implementation results to the competent agency for monitoring and management.

5. Organizing training at other locations prescribed in Clause 2 of this Article must be consistent with the licensed scope of vocational education activities. The vocational education institution must not organize training at other locations for a group of majors, group of trades, or training location whose admission or operations are suspended, or whose decision on grant of a vocational education activity license has been revoked.

6. The vocational education institution is responsible for declaring and updating data on training locations in the specialized database on vocational education before organizing training, and is responsible for the accuracy of the declared and updated information.

Article 16. Relocation of training places of vocational education institutions

1. Relocation of a training place does not change the rights, obligations, and responsibilities of the vocational education institution towards learners, teachers, lecturers, training programs, diplomas, certificates, and other obligations in accordance with law.

2. The expected new training place must satisfy the corresponding conditions for each of the following cases:

a) For the head office, it must satisfy the conditions for establishment or permission for establishment prescribed at Points a and b, Clause 1, Article 5 of this Decree;

b) For a branch, it must satisfy the conditions on location and facilities for establishment or permission for establishment of a branch prescribed in Clause 2, Article 5 of this Decree;

c) For training places other than the head office and branches, they must satisfy regulations on criteria, standards, and quality assurance conditions prescribed in Article 15 of this Decree.

3. 01 dossier of request for relocation of the head office or branch shall be made, comprising:

a) A written request for relocation or permission for relocation of the training place of the vocational education institution (using Form No. 07 in Appendix I to this Decree), explaining the satisfaction of the conditions prescribed in Clause 2 of this Article, enclosed with the consensus on relocation or permission for relocation of the training place from the direct managing agency for a public vocational education institution, or from the owning individual or organization for a private vocational education institution; and only enclosed with corresponding proofs for information and data that are not yet available in the databases of state agencies or have not been connected and shared in accordance with law;

b) A copy of the document of the provincial-level People’s Committee of the locality where the new head office or branch is expected to be located, or other information, documents, and proofs showing information on the expected location of the new head office or branch and matters under local-level state governance related to the conditions prescribed at Points a and b, Clause 1, Article 5 of this Decree (for a head office) or Point a, Clause 2, Article 5 of this Decree (for a branch) (only in cases where existing information and data are insufficient to determine matters under local-level state governance);

c) A copy of legal documents confirming the land use rights or ownership of land-attached assets granted by a competent agency, or documents proving the lawful use rights of land for educational purposes in accordance with law. Agencies, organizations and individuals are not required to submit copies of dossier components if competent agencies can retrieve and use corresponding information in the national databases, specialized databases or digitized data as prescribed.

4. Sequence of implementation: The vocational education institution shall send 01 dossier as prescribed in Clause 3 of this Article via the National Public Service Portal, via VNeID, via postal service or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree. The sequence of implementation shall comply with the sequence of implementing procedures for division or separation of a vocational education institution prescribed at Point b, Clause 2, Article 7 of this Decree.

5. The public disclosure and sending of a decision on relocation of the head office or a branch of a vocational education institution shall be carried out in the same manner as a decision on establishment or permission for establishment of a vocational education institution or a branch of a vocational education institution.

6. The vocational education institution is responsible for declaring and updating data on the relocation of training places in the specialized database on vocational education as a basis for performing state governance in accordance with law.

Section 2

HIGHER EDUCATION INSTITUTIONS ENGAGED IN VOCATIONAL EDUCATION ACTIVITIES

Article 17. Grant of vocational education activity licenses to higher education institutions

1. A higher education institution shall be granted a vocational education activity license according to the group of majors, group of trades, and training location, suitable to the training program and training level that the higher education institution is allowed to implement as prescribed at Points b, c, d and dd, Clause 3, Article 7 of the Law on Vocational Education, when it satisfies the conditions for grant of a vocational education activity license prescribed in Article 9 of this Decree.

2. In addition to the conditions prescribed in Clause 1 of this Article, the higher education institution must comply with the following regulations:

a) Having been licensed to train the corresponding major or group of majors at the university level (except for implementing vocational intermediate education programs);

b) The training programs in vocational education are formulated and implemented suitably to the human resource needs of the locality, region, and sector, and closely linked with the requirements of the labor market;

c) Having a plan for training organization, learner management, and quality assurance for vocational education activities in the major, group of majors, and expected training level.

3. The dossier and sequence of implementing procedures for grant of a vocational education activity license to a higher education institution shall comply with regulations on grant of a vocational education activity license to a vocational education institution prescribed in Article 10 of this Decree.

Article 18. Suspension of admission, suspension of operations, and revocation of decisions on grant of vocational education activity licenses for higher education institutions engaged in vocational education activities

The suspension of admission, suspension of operations, and revocation of decisions on grant of vocational education activity licenses for higher education institutions engaged in vocational education activities shall comply with regulations on suspension of admission, suspension of operations, and revocation of decisions on grant of vocational education activity licenses for vocational education institutions prescribed in Article 11, Article 12, Article 13, and Article 14 of this Decree.

Chapter III

HIGHER EDUCATION INSTITUTIONS AND OTHER EDUCATIONAL INSTITUTIONS CONDUCTING HIGHER EDUCATION ACTIVITIES

Section 1

HIGHER EDUCATION INSTITUTIONS; BRANCHES AND TRAINING PLACES OF HIGHER EDUCATION INSTITUTIONS; VIETNAM-BASED FOREIGN HIGHER EDUCATION INSTITUTION BRANCHES

Article 19. Conditions for establishment and permission for establishment of higher education institutions and branches of higher education institutions; permission for establishment of Vietnam-based foreign higher education institution branches

1. Conditions for establishment and permission for establishment of a higher education institution (including cases of new establishment or establishment on the basis of legally operating educational institutions):

a) Conforming with the strategy, master plan and requirements for socio-economic development approved by a competent agency;

b) Having at least 01 location for the head office which is allocated or leased by the State, or of which the land use rights and ownership of land-attached assets have been certified or confirmed by a competent agency in accordance with law, with a minimum area of 05 ha; having facilities suitable to the regulations on standards and limits on the use of construction areas for non-business public works in the field of education and training; ensuring the educational environment and safety for learners, teachers, administrators and staff, and complying with the laws on construction, safety, hygiene, environmental protection and land.

A private higher education institution invested and assured of operation conditions by a foreign investor is allowed to lease physical facilities stably and continuously with a lease term of at least 05 years per cycle to serve higher education activities.

c) Having financial capacity to directly serve the operations of the higher education institution as follows:

For a public higher education institution, there must be a construction investment project approved by a competent agency at the time of requesting establishment, which clearly identifies the funding source for implementation according to the plan, or a construction investment project that has been finalized upon completion.

For a private higher education institution, the investment capital must be lawful capital, excluding land use right value, ensuring the maintenance of training activities and operations corresponding to the expected training scale and the development strategy and plan of the higher education institution for a period of at least 05 years after establishment. At the time of assessing the permission for establishment, the investor must complete and test for acceptance the facilities, technical infrastructure, equipment and other tangible assets for the higher education institution at the head office location, with the actual total investment value, audited or valued, reaching at least VND 300 billion.

Within 90 days from the date the private higher education institution is permitted to be established, the investor shall transfer to the higher education institution the land use rights, assets, facilities, technical infrastructure, equipment and other tangible assets assessed under this Clause, as well as cash capital and other lawful assets to ensure the maintenance of training activities corresponding to the expected training scale.

Particularly for a private higher education institution invested and assured of operation conditions by a foreign investor that does not construct new facilities but only leases them, or where the Vietnamese party contributes capital using available facilities to deploy operations, it shall enjoy the following incentives: at the time of assessing the permission for establishment, the investor must complete and test for acceptance the facilities, technical infrastructure, and equipment at the head office of the higher education institution, with the actual total investment value, audited or valued, reaching at least VND 200 billion. Within 90 days from the date the private higher education institution is permitted to be established, the investor must transfer to the private higher education institution a sufficient amount of money to pay the teaching staff and educational support personnel at the head office corresponding to the expected training scale and the development strategy and plan of the higher education institution for a period of at least 05 years after establishment. Concurrently, the investor must commit to transferring the remaining investment capital to ensure the maintenance and operation of the higher education institution within 02 years from the date of the decision on grant of an operation license. In case of failing to ensure the implementation of the incentivized investment, the institution shall have its new admission suspended until it fully performs its investment obligations as prescribed.

2. Conditions for establishment and permission for establishment of branches of higher education institutions:

a) In case a branch is newly established:

Conforming with the strategy, master plan and requirements for socio-economic development approved by a competent agency.

Regarding physical facilities: The location of the branch has a land area satisfying the minimum level calculated in square meters per learner according to regulations on higher education institution standards, corresponding to an expected training scale of at least 800 equivalent regular learners converted based on the training level and field, falling under the lawful use rights of the higher education institution over the land or land-attached facilities for educational activities with a remaining term of at least 50 years at the time of dossier submission; having facilities satisfying the standards and limits on the use of construction areas for non-business public works in the field of education and training, ensuring the educational environment and safety for learners, teachers, administrators and staff, and complying with the laws on construction, safety, hygiene, environmental protection and land. A private higher education institution invested and assured of operation conditions by a foreign investor is allowed to lease physical facilities stably and continuously for a period of at least 05 years to establish a branch.

Regarding financial resources directly used for the branch’s operations:

For a branch of a public higher education institution, there must be a branch construction investment project approved by a competent managing agency at the time of requesting establishment, clearly identifying the funding source for implementation according to the plan, or a construction investment project that has been finalized upon completion.

For a branch of a private higher education institution, there must be lawful investment capital excluding land use right value; ensuring the maintenance of training activities corresponding to the expected training scale at the branch and the development strategy and plan of the higher education institution for a period of at least 05 years after the branch is established. At the time of assessing the permission for establishment, the investor must complete and test for acceptance the facilities, technical infrastructure, equipment and other tangible assets for the higher education institution at the branch location, with the actual total investment value, audited or valued, reaching at least VND 100 billion.

Within 90 days from the date the branch of the private higher education institution is established, the investor shall transfer to the higher education institution the land use rights, assets, facilities, technical infrastructure, equipment and other tangible assets assessed under this Clause, as well as cash capital and other lawful assets to ensure the maintenance of training activities corresponding to the expected training scale at the branch.

b) In case of establishing a branch from legally operating educational institutions, training institutions, or training places affiliated to the higher education institution: a branch may be established on the basis of using existing equipment and facilities and land use rights previously granted by competent agencies;

c) In case of establishing a branch from other legally operating educational institutions or training institutions (if any): it must conform with the strategy, master plan, and socio-economic development requirements approved by a competent agency, and the branch shall be established in accordance with Point b of this Clause.

3. A branch of a foreign higher education institution is permitted to be established in Vietnam when it satisfies the following conditions:

a) The respective conditions prescribed in Clause 1 of this Article applied to private higher education institutions invested and assured of operation conditions by foreign investors;

b) The foreign higher education institution investing in establishing a branch in Vietnam must be legally established and operating in a foreign country, belonging to the top 500 highest-ranking higher education institutions in reputable global higher education institution rankings in one of the three most recent years up to the time of requesting permission for establishment; maintaining an internal quality assurance system and being legally recognized or accredited by an education quality accreditation organization or education quality assurance agency recognized or licensed to operate by the competent state regulatory agency in charge of education of the country where the educational institution is headquartered.

Article 20. Procedures for establishment and permission for establishment of higher education institutions and branches of higher education institutions; permission for establishment of Vietnam-based foreign higher education institution branches

1. 01 (one) dossier for establishment or permission for establishment of a higher education institution shall be made, comprising:

a) A written request for establishment made by the direct managing agency for a public higher education institution, or a written request for permission for establishment made by an organization or individual for a private higher education institution (using Form No. 01 in Appendix II to this Decree);

b) A copy of the document of the provincial-level People’s Committee of the locality where the higher education institution locates its head office, or other information, documents, and proofs showing information on the expected location of the head office and matters under local-level state governance related to the conditions prescribed at Points a and b, Clause 1, Article 19 of this Decree (only in cases where existing information and data are insufficient to determine matters under local-level state governance);

c) A copy of legal documents proving the land use rights or ownership of land-attached assets, or a copy of the document of a competent agency on land allocation or land lease, clearly determining the location, boundaries, address, and area of the land parcel where the school locates its head office, enclosed with proofs of completion of financial obligations on land as prescribed, if any (for cases of new establishment), or legal documents confirming the land use rights or ownership of land-attached assets granted by a competent agency to a legally operating educational institution (for cases of establishment on the basis of legally operating educational and training institutions); proofs of compliance with the laws on investment and construction.

For a higher education institution invested and assured of operation conditions by a foreign investor, the legal dossier proving the land use rights or ownership of land-attached assets is replaced by a legal dossier proving the lawful use rights over land and land-attached assets for the operation of the higher education institution in accordance with Vietnamese law.

d) Proofs of financial capacity to directly serve the operations of the higher education institution as prescribed at Point c, Clause 1, Article 19:

For a public higher education institution: A copy of the document of a competent agency on the ability to ensure financial resources and material and technical conditions to establish the higher education institution; a construction investment project approved by a competent agency that clearly identifies the funding source for implementation according to the plan, or a copy of the document approving the finalization of the completed school construction investment project, and valuation certificate issued by a competent agency.

For a private higher education institution: A written commitment to ensuring financial resources as prescribed in this Decree, enclosed with copies of documents proving the investor’s financial capacity to directly serve the operation of the higher education institution, comprising one or several of the following documents, depending on the form of capital contribution, funding source, type of contributed assets, and the status of capital contribution at the time of dossier submission: Credit contract, commitment on credit extension of a credit institution or foreign bank branch for investment in the higher education institution; written confirmation of the blocked amount in the investor’s payment account; money transfer vouchers and documents for financial resources that have been arranged or invested; vouchers, contracts, records of acceptance test and payment, or other lawful documents proving the value of capital invested in the construction or procurement of facilities, technical infrastructure and equipment; documents proving the ownership or lawful use rights over contributed assets enclosed with documents determining the value of contributed assets in accordance with the law on enterprises and relevant laws, if contributing capital in assets.

2. 01 dossier for establishment or permission for establishment of a branch of a higher education institution shall be made, comprising:

a) In case a branch is newly established:

A written request for establishment or permission for establishment of a branch of a higher education institution using Form No. 01 in Appendix II to this Decree, enclosed with the approval of the direct managing agency of the public higher education institution, or of the owning individual or organization, or the school council of the private higher education institution.

A copy of the document of the provincial-level People’s Committee of the locality where the higher education institution is expected to locate its branch, or other information, documents, and proofs showing information on the expected location of the branch and matters under local-level state governance related to the conditions prescribed at Point a, Clause 2, Article 19 of this Decree (only in cases where existing information and data are insufficient to determine matters under local-level state governance).

Proofs of physical facilities: A copy of legal documents proving the land use rights and ownership of land-attached facilities for the branch’s operations for branch construction, clearly determining the location, boundaries, address, and area of the land parcel where the branch is located; or a copy of documents proving the lawful use rights over land-attached facilities with a remaining term of at least 50 years from the date of dossier submission in case they are not owned by the higher education institution, and a copy of legal documents proving the land use rights or ownership of land-attached facilities of the leasing, lending, or associating party; proofs of compliance with the laws on investment and construction. Agencies, organizations and individuals are not required to submit copies of dossier components if competent agencies can retrieve and use corresponding information in the national databases, specialized databases or digitized data as prescribed.

A written commitment to ensuring financial resources for investment and maintenance of the branch’s operations as prescribed at Point a, Clause 2, Article 19 of this Decree, enclosed with documents proving the financial capacity to directly serve the branch’s operations as prescribed at Point d, Clause 1 of this Article;

b) In case of establishing a branch on the basis of legally operating educational institutions and training institutions:

A written request for establishment or permission for establishment of a branch of a higher education institution on the basis of legally operating educational and training institutions using Form No. 01 in Appendix II to this Decree.

A copy of the document of the provincial-level People’s Committee of the locality where the branch is expected to be located, or other information, documents, and proofs showing information on the branch location of the higher education institution and matters under local-level state governance related to the conditions prescribed at Point c, Clause 2, Article 19 of this Decree (only in cases where existing information and data are insufficient to determine matters under local-level state governance).

A copy of legal documents confirming the land use rights or ownership of land-attached assets granted by a competent agency to the legally operating educational and training institutions. Agencies, organizations and individuals are not required to submit copies of dossier components if competent agencies can retrieve and use corresponding information in the national databases, specialized databases or digitized data as prescribed.

3. 01 dossier of request for permission for establishment of a branch of a foreign higher education institution in Vietnam shall be made, comprising:

a) Dossier components required for a higher education institution invested and assured of operation conditions by a foreign investor as prescribed in Clause 1 of this Article;

b) Proofs of the ranking position among the world’s top 500 higher education institutions and that the higher education institution is currently recognized or has valid education quality accreditation.

4. Sequence of implementing procedures for establishment and permission for establishment of higher education institutions:

a) The agency, organization or individual shall send a dossier as prescribed in Clause 1 of this Article via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the Ministry of Education and Training;

b) Within 05 working days from the date of receiving the dossier, if the dossier is incomplete or invalid, the dossier-receiving agency is responsible for notifying the organization or individual in writing, clearly stating the reason.

In case it is required to allocate or lease land but there is no decision on land allocation or land lease yet, the Ministry of Education and Training is responsible for reviewing the conformity of the establishment or permission for establishment of the higher education institution with the strategy, master plan, and socio-economic development requirements approved by competent authorities. If it is conformable, the Ministry of Education and Training shall issue a written notice to the provincial-level People’s Committee of the locality where the head office is expected to be located, and request the agency, organization, or individual requesting establishment or permission for establishment of the higher education institution to complete the dossier components prescribed in Clause 1 of this Article. After the dossier is finalized, it shall continue to be processed in accordance with Point c of this Clause.

If it is not conformable with regulations, the Ministry of Education and Training shall issue a written notice to the provincial-level People’s Committee of the locality where the head office is expected to be located and the agency, organization, or individual requesting establishment or permission for establishment of the higher education institution (clearly stating the reason);

c) Within 05 working days after receiving a complete and valid dossier, the Minister of Education and Training is responsible for establishing an assessment board, comprising: Representatives of the Ministry of Education and Training, the Ministry of Home Affairs, the Ministry of Finance, and relevant agencies (if any). The assessment board is responsible for advising the Minister of Education and Training on the feasibility of the project on establishment or permission for establishment of the higher education institution and shall dissolve automatically upon completing its tasks. Representatives of the agencies appointed to join the assessment board shall be responsible for matters related to the functions and tasks of their respective agencies.

Within 15 working days from its establishment, the assessment board is responsible for organizing an assessment. In case it evaluates that the dossier details fail to satisfy regulations, the assessment board shall advise the Minister of Education and Training to issue a written notice to the organization or individual requesting establishment of the public higher education institution or permission for establishment of the private higher education institution for explanation and supplementation;

d) Within 05 working days from the date of receiving the finalized dossier according to the opinions of the assessment board, the Ministry of Education and Training shall request the Ministry of Finance, the Ministry of Home Affairs, and other relevant agencies and units to provide written opinions within 10 working days;

dd) Within 20 working days from the date of receiving the finalized dossier according to the opinions of relevant agencies and units (if any), the assessment board shall review and advise the Minister of Education and Training to consider and issue a decision using Form No. 07 in Appendix II to this Decree.

In case the conditions for deciding on establishment or permission for establishment are not met, it is responsible for notifying the organization or individual in writing, clearly stating the reason.

5. Sequence of implementing procedures for establishment and permission for establishment of branches of higher education institutions in the case prescribed at Point a, Clause 2, Article 19 of this Decree:

a) The higher education institution shall send a dossier as prescribed in Clause 2 of this Article via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the Ministry of Education and Training;

b) Within 05 working days after receiving the dossier, if the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice specifying the details to be modified or supplemented to the agency, organization or individual.

In case it is required to allocate or lease land but there is no decision on land allocation or land lease yet, the Ministry of Education and Training is responsible for reviewing the conformity of the establishment or permission for establishment of the branch with the strategy, master plan, and socio-economic development requirements approved by competent authorities. If it is conformable, the Ministry of Education and Training shall issue a written notice to the provincial-level People’s Committee of the locality where the branch is expected to be located, and request the higher education institution requesting establishment or permission for establishment of the branch to complete the dossier in accordance with Clause 2 of this Article. After the dossier is finalized, it shall continue to be processed in accordance with Point c of this Clause.

If it is not conformable with regulations, the Ministry of Education and Training shall issue a written notice to the provincial-level People’s Committee of the locality where the branch is expected to be located and the higher education institution requesting establishment or permission for establishment of the branch (clearly stating the reason);

The assessment board is responsible for advising the Minister of Education and Training on the feasibility of the dossier requesting establishment or permission for establishment of the branch for consideration and decision, and shall dissolve automatically upon completing its tasks. Representatives of the agencies appointed to join the assessment board shall be responsible for matters related to the functions and tasks of their respective agencies.

Within 15 working days from its establishment, the assessment board is responsible for organizing an assessment to evaluate the satisfaction of conditions for establishment or permission for establishment. In case of failing to satisfy sufficient conditions as prescribed, the assessment board shall advise the Minister of Education and Training to issue a written notice to the higher education institution requesting establishment of the branch for explanation and supplementation;

dd) Within 20 working days from the date of receiving the finalized dossier according to the opinions of relevant agencies and units (if any), the assessment board is responsible for reviewing and advising the Minister of Education and Training to consider and decide on the establishment or permission for establishment of the branch using Form No. 07 in Appendix II to this Decree.

In case the conditions for deciding on establishment or permission for establishment are not met, the Ministry of Education and Training shall issue a written reply clearly stating the reason.

6. Sequence of implementing procedures for establishment and permission for establishment of branches in the cases prescribed at Points b and c, Clause 2, Article 19 of this Decree, and permission for establishment of Vietnam-based foreign higher education institution branches:

a) The higher education institution shall send a dossier as prescribed online via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the Ministry of Education and Training;

b) Within 05 working days from the date of receiving the dossier, the dossier-receiving agency is responsible for checking the completeness and validity of the dossier and sending the dossier to seek opinions from relevant agencies and units.

In case the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice to the agency, organization, or individual requesting establishment or permission for establishment, clearly stating the reason;

c) Within 10 working days from the date of receiving the official dispatch seeking opinions from the dossier-receiving agency, the consulted agency or unit must issue a written reply;

d) Within 30 working days from the date of receiving a complete and valid dossier, the Minister of Education and Training shall organize an assessment, and consider and decide on the establishment or permission for establishment of the branch using Form No. 07 in Appendix II to this Decree;

dd) In case the dossier is incomplete or invalid, within 05 working days from the date of receiving the opinions of competent authorities, the dossier-receiving agency shall issue a written notice to the agency, organization, or individual requesting establishment or permission for establishment, clearly stating the reason.

7. Responsibilities for implementation:

a) In case of establishing a higher education institution or a branch of a higher education institution on the basis of legally operating educational institutions and training institutions, the higher education institution or its branch, after establishment, is responsible for inheriting the rights and obligations towards learners admitted at the head office or branch prior to the establishment until the end of their courses in accordance with the establishment decision; and must ensure no disruption to training activities, the recognition of academic results, the grant of diplomas and certificates, and the lawful rights and interests of teachers, public employees, employees, learners, and related parties.

The management, use and transfer of finance, assets, land, dossiers, data, and other rights and obligations of the legally operating educational and training institutions shall comply with the decision on establishment of the higher education institution in conformity with laws on public assets, state budget, land, public employees, labor, and relevant laws;

b) Within 90 days from the date of the decision on permission for establishment of a private higher education institution or a branch of a private higher education institution, the investor must send the competent agency a report enclosed with proofs of having transferred capital, assets, facilities, technical infrastructure, equipment, and other tangible assets to the higher education institution to organize and maintain training activities at the head office and branch under this Decree.

8. Public disclosure and sending of decisions: The decision on establishment or permission for establishment shall be publicly announced in the mass media, publicly disclosed on the website of the decision-issuing agency and the website of the higher education institution, and notified to the chairperson of the provincial-level People’s Committee of the locality where the head office or branch is located for monitoring and management.

Article 21. Merger, division and separation of higher education institutions; merger of public non-business units into higher education institutions

1. Conditions:

b) A higher education institution formed after a division or separation must satisfy the conditions prescribed in Clause 1, Article 19 of this Decree.

2. The procedures for merger, division and separation of a higher education institution are as follows:

a) 01 dossier of request for merger, division, separation, or permission for merger, division, separation of a higher education institution shall be made, comprising:

A written request from the direct managing agency for a public higher education institution, or from the owning individual or organization for a private higher education institution (using Form No. 02 in Appendix II to this Decree);

b) Sequence of implementation:

The direct managing agency of the public higher education institution, or the owning individual or organization of the private higher education institution, shall send the dossier prescribed at Point a of this Clause via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the Ministry of Education and Training.

Within 10 working days, if the dossier is incomplete or invalid, the dossier-receiving agency shall issue a written notice specifying the details to be modified or supplemented to the agency, organization, or individual.

Within 20 working days from the date of receiving a complete and valid dossier, the Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs, the Ministry of Finance, and relevant agencies in, organizing an assessment of the satisfaction of conditions prescribed in Clause 1 of this Article. In case the merger, division or separation falls in the case where it has to implement procedures for licensing higher education activities or adjusting and supplementing the decision on licensing higher education activities in accordance with Clause 5, Article 3 of this Decree, it shall simultaneously assess the satisfaction of conditions for licensing higher education activities prescribed in Article 23 of this Decree.

Based on the assessment results, the Minister of Education and Training shall decide on the merger, division, or separation of the higher education institution; concurrently deciding on the grant of a higher education activity license or adjustment and supplementation to the decision on licensing higher education activities using Form No. 07 in Appendix II to this Decree.

In case of division or separation of a higher education institution, it is required to obtain comments from the provincial-level People’s Committee of the locality where the higher education institution locates its head office after the division or separation regarding matters under local-level state governance related to the conditions prescribed at Point a and Point b, Clause 1 of this Article.

In case the conditions for issuing a decision are not met, it shall issue a written notice clearly stating the reason.

3. The procedures for merger of a public non-business unit into a public higher education institution are as follows:

a) 01 dossier shall comprise:

A written request for merger from the direct managing agency of the higher education institution (using Form No. 02 in Appendix II to this Decree);

b) The sequence of implementing procedures for merger of a public non-business unit into a public higher education institution complies with the provisions at Point b, Clause 2 of this Article.

4. Responsibilities for implementation:

a) A higher education institution formed after a merger, division or separation shall continue implementing rights and obligations towards learners admitted before the merger, division or separation until the end of their courses according to the decision on merger, division or separation; and must ensure no disruption to training activities, the recognition of academic results, the grant of diplomas and certificates, and the lawful rights and interests of teachers, public employees, employees, learners, and related parties;

b) The management, use and transfer of finance, assets, land, dossiers, data, and other rights and obligations of the merged, divided or separated higher education institution and public non-business unit shall comply with the decision on merger, division or separation in conformity with laws on public assets, state budget, land, public employees, labor, and relevant laws.

5. The public disclosure of the decision on merger, division, separation, and the decision on grant of a higher education activity license, or the decision on adjustment and supplementation to the decision on licensing higher education activities for the higher education institution after the merger, division, or separation shall be carried out in the same manner as the decision on establishment or permission for establishment, and the decision on grant of a higher education activity license.

Article 22. Dissolution and permission for dissolution of higher education institutions, branches of higher education institutions, and Vietnam-based foreign higher education institution branches

1. A higher education institution, a branch of a higher education institution, or a branch of a foreign higher education institution in Vietnam shall be dissolved in any of the following cases:

a) The higher education institution has its decision on establishment or permission for establishment of the higher education institution or branch of the higher education institution revoked; or the branch of the foreign higher education institution in Vietnam has its decision on permission for establishment revoked under this Decree;

b) The agency, organization or individual requesting the establishment or permission for establishment of the higher education institution, branch of the higher education institution, or branch of the foreign higher education institution in Vietnam requests its dissolution or permission for dissolution.

3. Sequence of implementation:

a) In the case prescribed at Point a, Clause 1 of this Article, within 03 working days from the date of revoking the decision, a competent person prescribed in Article 4 of this Decree shall issue a decision on dissolution or permission for dissolution using Form No. 07 in Appendix II to this Decree;

b) In the case prescribed at Point b, Clause 1 of this Article, the agency, organization or individual shall send a dossier as prescribed in Clause 2 of this Article via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the Ministry of Education and Training.

Within 07 working days after receiving a complete and valid dossier, the competent agency shall inspect it and submit it to a competent person to issue a decision on dissolution or permission for dissolution using Form No. 07 in Appendix II to this Decree.

In case of not deciding on dissolution or permission for dissolution, a written reply clearly stating the reason shall be issued.

4. Responsibilities for implementation:

After a higher education institution, a branch of a higher education institution, or a branch of a foreign higher education institution in Vietnam is dissolved, land recovery, handling of land-attached assets, and other related issues shall be carried out in accordance with the land law, the law on the management and use of public assets, the civil law, and relevant laws.

5. The public disclosure and sending of a decision on dissolution or permission for dissolution of a higher education institution, a branch of a higher education institution, or a branch of a foreign higher education institution in Vietnam shall be carried out in the same manner as a decision on establishment or permission for establishment.

Article 23. Conditions for grant of higher education activity licenses

1. A higher education institution or a branch of a foreign higher education institution in Vietnam shall be granted a higher education activity license according to the training level, major or field of training, head office, and branch (if any) when it satisfies the following conditions:

a) Its leadership and management apparatus, internal document system, and the quantity and qualifications of the teaching staff satisfy the standards for higher education institutions promulgated by the Ministry of Education and Training, suitable to the expected training scale and the development strategy and plan of the higher education institution for a period of at least 05 years;

b) It has a construction floor area for training that satisfies the minimum level calculated in square meters per equivalent regular learner according to the training level and field under regulations on standards for higher education institutions, suitable to the expected training scale;

c) Its teaching staff and educational support personnel; facilities, practice and internship bases, equipment, technologies, and learning materials; and training management and quality assurance system are suitable to the training program standards of the major, field, training level, and expected training scale for a period of at least 05 years.

2. Higher education activities in the digital space fall within the scope of the major, field, and training level licensed for higher education activities; and do not give rise to new forms and methods of training organization other than those prescribed by law.

In case of granting a higher education activity license in the digital space, in addition to the conditions prescribed in Clause 1 of this Article, there must be a plan to ensure the management of learners, training organization, inspection, assessment, data storage, and authentication of academic results; and the requirements on the application of technology in higher education prescribed by the Minister of Education and Training and the laws on information security, cybersecurity, and data protection in the digital environment must be met.

3. The licensed scope shall be adjusted and supplemented when the training institution changes or supplements the location, training level, or field of higher education activities (group of majors or majors within a field).

4. The details in Clause 1 and Clause 2 of this Article must be fully updated in the specialized database system on higher education, and the educational institution shall be responsible before law for the truthfulness and accuracy of the updated data.

Article 24. Procedures for grant of higher education activity licenses

1. Such a dossier shall comprise: A document or information for request of a higher education activity license (using Form No. 04 in Appendix II to this Decree), clearly defining the requested licensing scope according to the training level, major, field of training, head office, and branch, and only enclosed with corresponding proofs for information and data that are not yet available in the databases of state agencies or have not been connected and shared in accordance with law.

2. Sequence of implementation:

a) The higher education institution shall send the dossier prescribed in Clause 1 of this Article via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the Ministry of Education and Training, or register it directly in the specialized database on higher education of the Ministry of Education and Training;

b) Within 07 working days from the date of receiving the request of the higher education institution, in case the information prescribed in Clause 1 of this Article is incomplete or invalid, the Ministry of Education and Training shall send a written notice or a notice on the specialized database on higher education to request the institution to complete it;

c) Within 10 working days from the date of confirming that the information prescribed in Clause 1 of this Article is complete and valid, the Minister of Education and Training shall assess the satisfaction of the conditions prescribed in Article 23 of this Decree and decide to grant a higher education activity license according to the requested scope.

In case the conditions for deciding on grant of an operation license are not met, a written reply clearly stating the reason shall be issued.

3. The decision on grant of a higher education activity license for the higher education institution (using Form No. 07 in Appendix II to this Decree) shall be publicly announced on the website of the higher education institution, the decision-issuing agency, and in the mass media.

4. The higher education institution shall be responsible before law for:

a) The accuracy and completeness of the declared dossier and data before and after the grant of the higher education activity license;

b) The maintenance of quality assurance requirements during its higher education activities;

c) The update of data, implementation of the reporting regime, and submission to the inspection, examination, supervision, and post-inspection by competent agencies.

5. In case of requesting an adjustment and supplementation to the decision on grant of a higher education activity license, the dossier and sequence of implementation are the same as those prescribed for the grant of a higher education activity license in this Article; the details of the dossier, information, and data shall be determined correspondingly to the requested scope of adjustment and supplementation.

Article 25. Cases of suspension of admission and suspension of higher education activities

1. A higher education institution or a branch of a foreign higher education institution in Vietnam shall have its admission suspended correspondingly to the scope of violation in any of the following cases:

a) It fails to satisfy one of the conditions for establishment, permission for establishment, or conditions for grant of an educational activity license as prescribed during its operation;

b) It organizes higher education activities outside the licensed scope;

c) It commits a violation of law to the extent that admission must be suspended.

2. A higher education institution or a branch of a foreign higher education institution in Vietnam shall have its operation suspended correspondingly to the scope of violation in any of the following cases:

b) It commits a violation of law to the extent that operation must be suspended.

Article 26. Sequence of implementation of suspension of admission and suspension of higher education activities

1. Inspection, assessment, and issuance of decisions:

a) The competent agency shall organize an inspection and assessment of the act and severity of the violation, and determine the reason for suspension for the higher education institution or the branch of the foreign higher education institution in Vietnam; and notify the inspection and assessment results for the institution to explain, unless otherwise immediate suspension is required to ensure the rights and safety of learners or the requirements of state governance. In case there are sufficient grounds for suspension, the dossier of inspection and assessment results shall be sent via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the Ministry of Education and Training;

b) Within 05 working days after receiving the results of inspection and assessment of the act and severity of the violation, and the determined reason for suspension, the Minister of Education and Training shall issue a suspension decision using Form No. 07 in Appendix II to this Decree.

2. Suspension period: The suspension period shall be determined in the suspension decision but must not exceed 12 months.

3. Public disclosure: The public disclosure of the decision on suspension of admission or suspension of higher education activities shall be carried out in the same manner as the decision on grant of a higher education activity license.

4. Responsibilities for implementation:

a) The higher education institution or the branch of the foreign higher education institution in Vietnam must not conduct educational activities within the suspended scope during the suspension period; it is responsible for ensuring the rights of currently enrolled learners; and it shall implement measures to remedy the violation at the request of the competent agency;

b) Upon the expiration of the suspension period, the institution is responsible for publicly disclosing on its website that it has remedied the cause of the suspension; fully updating relevant information and data in the specialized database on higher education; and issuing a written notice to the competent person who issued the suspension using Form No. 05 in Appendix II to this Decree, which is only enclosed with corresponding proofs for information and data that are not yet available in the databases of state agencies or have not been connected and shared in accordance with law.

The institution may resume admission and operations for the suspended scope after a competent person confirms that the cause of the suspension has been fully remedied, or after 05 working days from the date of receiving the notice without the competent person requesting further inspection and handling;

c) The state regulatory agency in charge of education according to management decentralization shall conduct inspection and supervision of the operations of the institution in accordance with law; in case of discovering failure to satisfy the conditions for higher education activities, it shall handle the cases within its competence.

Article 27. Cases of revocation of decisions on establishment or permission for establishment, or decisions on grant of higher education activity licenses for higher education institutions, branches of higher education institutions, and Vietnam-based foreign higher education institution branches

1. A higher education institution shall have its decision on establishment or permission for establishment of the higher education institution or branch of the higher education institution revoked; or a branch of a foreign higher education institution in Vietnam shall have its decision on permission for establishment revoked in any of the following cases:

a) Its establishment is no longer conformable with the strategy, master plan, and socio-economic development requirements approved by competent authorities;

b) It fails to satisfy the conditions for being granted a higher education activity license after 04 years from the effective date of the decision on establishment or permission for establishment;

c) It has its operation licensing decision revoked in accordance with this Decree or relevant laws but fails to carry out the procedures for grant of a higher education activity license within 03 years;

d) The investor establishing the private higher education institution or the branch of the private higher education institution fails to send a report and documents proving the fulfillment of commitments on investment capital transfer within the prescribed time limit in accordance with this Decree;

dd) The institution commits fraudulent acts or provides false information in the dossier requesting establishment or permission for establishment;

e) The institution commits a violation of law to the extent that the establishment decision must be revoked;

g) The decision on establishment or permission for establishment is issued ultra vires or non-compliant with the order and procedures prescribed by law.

2. A higher education institution or a branch of a foreign higher education institution in Vietnam shall have its decision on grant of a higher education activity license revoked correspondingly to the licensed major, field, and training level at the head office and branch (if any) in any of the following cases:

a) It fails to organize higher education activities within 24 months from the date of being granted the higher education activity license;

b) It has its higher education activities suspended but fails to remedy the cause of the suspension upon the expiration of the suspension period, according to the inspection conclusion of the competent agency;

c) It commits fraudulent acts or provides false information in the dossier requesting an educational activity license;

d) It commits a violation of law to the extent that the operation licensing decision must be revoked;

dd) The higher education institution dissolves in accordance with law;

e) The decision on grant of a higher education activity license is issued ultra vires or non-compliant with the prescribed order and procedures.

Article 28. Sequence of implementation of revocation of decisions on establishment or permission for establishment, or decisions on grant of higher education activity licenses for higher education institutions, branches of higher education institutions, and Vietnam-based foreign higher education institution branches

1. Inspection, assessment, and issuance of decisions:

a) Competent agencies and persons shall organize an inspection and assessment, and determine the reason for revocation; and notify the inspection and assessment results for the higher education institution or the branch of the foreign higher education institution in Vietnam to explain, unless otherwise immediate revocation is required to ensure the rights and safety of learners or the requirements of state governance. In case there are sufficient grounds for revocation, the dossier of inspection and assessment results shall be sent via the National Public Service Portal, via VNeID, via postal service, or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree;

b) Within 03 working days after receiving the inspection and assessment results, a competent person prescribed in Article 4 of this Decree shall decide to revoke the decision on establishment or permission for establishment, or revoke the decision on grant of a higher education activity license using Form No. 07 in Appendix II to this Decree.

2. Public disclosure and sending of decisions: The public disclosure and sending of the decision on revocation of the decision on establishment or permission for establishment, or the decision on revocation of the decision on grant of a higher education activity license shall be carried out in the same manner as the decision on establishment or permission for establishment of a higher education institution or a branch of a foreign higher education institution in Vietnam, or the decision on grant of a higher education activity license.

3. Responsibilities for implementation:

a) In case of revoking a decision as prescribed at Points a, b, c, d, dd and e, Clause 1, and Points a, b, c, d and dd, Clause 2, Article 27 of this Decree, within 05 working days from the date of receiving the revocation decision, the institution is responsible for returning the revoked decision on establishment or permission for establishment, or the revoked higher education activity license to the decision-issuing agency.

In case of revoking a decision as prescribed at Point g, Clause 1, and Point e, Clause 2, Article 27 of this Decree, within 03 working days from the effective date of the revocation decision, a competent person shall review the sequence, procedures and conditions; in case of satisfying the regulations, the competent authority is responsible for issuing a replacement decision using Form No. 07 in Appendix II to this Decree;

b) The institution having its decision on establishment or permission for establishment or its operation licensing decision revoked is responsible for ensuring the lawful rights and interests of learners, teachers, administrators, staff, and employees, and performing relevant obligations in accordance with law.

In case of revoking the decision on establishment or permission for establishment, the competent agency shall issue a written notice to the provincial-level People’s Committee of the locality where the higher education institution locates its head office or branch, or where the branch of the foreign higher education institution in Vietnam locates its head office, to handle the recovery of the school construction land use rights allocated within its competence (if any).

In case of revoking the operation licensing decision, the institution shall terminate operations within the revoked scope, and it must not admit learners or organize training within that scope.

Article 29. Standards, criteria, and quality assurance conditions for other training places of higher education institutions

1. Another training place outside the head office and branches of a higher education institution, including training places owned by the school, training places under the lawful use rights of the school, and practical training places under the comprehensive and direct management of the higher education institution, may implement part or all of the training program within the scope of the major, field, and training level that the higher education institution has been licensed for when it satisfies the following standards, criteria, and quality assurance conditions:

a) Conforming with the strategy, master plan and requirements for socio-economic development approved by a competent agency;

b) The institution is certified or confirmed by a competent agency regarding the lawful use rights over construction land, or it has ownership over land-attached facilities within the land use planning and plans for education, or it is permitted by a competent authority to use residential land, land for building agency headquarters, public service facilities other than education and training works, or non-agricultural production and business land as a training place in accordance with law for a minimum period of 05 years;

c) It has a land area satisfying the minimum level calculated in square meters per equivalent regular learner according to regulations on standards for higher education institutions, corresponding to an expected training scale of at least 400 learners depending on the training level and field; and it complies with the laws on construction, safety, hygiene, and environmental protection;

d) It has a construction floor area for training that satisfies the minimum level calculated in square meters per equivalent regular learner according to the training level and field under regulations on standards for higher education institutions, suitable to the expected training scale;

dd) It has facilities, equipment, learning materials, technical infrastructure, and quality assurance conditions suitable to the course modules organized at that location according to the training program standards.

2. For a joint training location, the higher education institution must ensure:

a) It satisfies the quality assurance conditions prescribed at Points c, d and dd, Clause 1 of this Article within the licensed scope of higher education activities;

b) It has an agreement, contract, or legal document on the use of the location, facilities, equipment, and training support conditions;

c) It is fully responsible for learner management, training organization, inspection, assessment, recognition of academic results, and quality assurance for the training activities organized at that location.

3. The higher education institution is responsible for ensuring the unity, integrity, and quality of the training program when organizing training at multiple different locations. The admission, learner management, training organization, inspection, assessment, quality assurance, and grant of diplomas and certificates shall be implemented uniformly by vocational education institution; other training places outside the head office and branches must not independently organize admission, manage learners, or grant diplomas and certificates, and shall not give rise to branches or independent training units.

4. In case the higher education institution itself determines or a competent agency concludes that the training location fails to satisfy the requirements prescribed in this Article, the institution must stop organizing training at that location and it shall implement measures to ensure the lawful rights of learners, teachers, administrators, and staff, as well as other obligations and responsibilities upon the request of the competent agency and in accordance with law, and it shall report the plan and implementation results to the competent agency for monitoring and management.

5. Organizing training at a training place outside the head office and branches must be consistent with the licensed scope of higher education activities. The higher education institution must not organize training at a training place for a major, field, or training level falling within the scope of suspended admission, suspended operations, or revoked decision on grant of a higher education activity license.

6. The higher education institution is responsible for declaring and updating data on training locations in the specialized database on higher education as a basis for performing state governance in accordance with law.

Article 30. Relocation of training places of higher education institutions

1. Relocation of a training place does not change the rights, obligations, and responsibilities of the higher education institution towards learners, lecturers, training programs, diplomas, certificates, and other obligations in accordance with law.

2. The expected new training place must satisfy the corresponding conditions for each of the following cases:

a) For the head office, it must satisfy the conditions for establishment or permission for establishment prescribed at Points a and b, Clause 1, Article 19 of this Decree, and the conditions for grant of an operation license prescribed in Article 23 of this Decree;

b) For a branch, it must satisfy the conditions prescribed at Point a, Clause 2, Article 19 of this Decree (except the condition on financial capacity), and the conditions for grant of an operation license prescribed in Article 23 of this Decree;

c) For training places other than the head office and branches that are not subject to operation licensing, they must ensure the standards, criteria, and quality assurance conditions prescribed in Article 29 of this Decree.

3. 01 dossier of request for relocation of the head office or branch shall be made, comprising:

a) A written request for relocation of the training place (using Form No. 06 in Appendix II to this Decree); explaining the satisfaction of the conditions prescribed in Clause 2 of this Article, enclosed with the consensus on relocation or permission for relocation of the training place from the direct managing agency for a public higher education institution, or from the owning individual or organization for a private higher education institution; and it is only enclosed with corresponding proofs for information and data that are not yet available in the databases of state agencies or have not been connected and shared in accordance with law;

b) A copy of the document of the provincial-level People’s Committee of the locality where the new head office or branch is expected to be located, or other information, documents, and proofs showing information on the expected location of the new head office or branch and matters under local-level state governance related to the conditions prescribed at Point b, Clause 1, Article 19 of this Decree (for a head office) or Point a, Clause 2, Article 19 of this Decree (for a branch) (only in cases where existing information and data are insufficient to determine matters under local-level state governance);

4. Sequence of implementation: The higher education institution shall send 01 dossier set as prescribed in Clause 3 of this Article via the National Public Service Portal, via VNeID, via postal service or directly to the Single window division of the agency of the competent person settling the procedures prescribed in Article 4 of this Decree. The sequence of implementation shall comply with the sequence of implementing procedures for division or separation of a higher education institution prescribed at Point b, Clause 2, Article 21 of this Decree.

5. The public disclosure of a decision on relocation or permission for relocation of the head office or branch of a higher education institution, and a decision on grant of an operation license at the head office or branch after the relocation shall be carried out in the same manner as a decision on establishment or permission for establishment, and a decision on grant of an operation license for a higher education institution.

6. The higher education institution is responsible for declaring and updating data on the relocation of training places in the specialized database on higher education as a basis for performing state governance in accordance with law.

Section 2

OTHER EDUCATIONAL INSTITUTIONS CONDUCTING HIGHER EDUCATION ACTIVITIES

Article 31. Conditions for licensing other educational institutions to conduct higher education activities

1. Another educational institution shall be granted a higher education activity license when it satisfies the following conditions corresponding to the requested scope of higher education activities:

a) The institution conforms with its functions, tasks, organizational structure, and scope of operations in accordance with law or treaties to which the Socialist Republic of Vietnam is a contracting party;

b) Its teaching staff and educational support personnel; facilities, practice and internship bases, equipment, technologies, and learning materials; and training management and quality assurance system are suitable to the training program standards of the major, field, training level, and expected training scale for a period of at least 05 years.

2. The details in Clause 1 of this Article must be fully updated in the specialized database system on higher education, and the educational institution shall be responsible before law for the truthfulness and accuracy of the updated data, except for those falling under state secrets which shall comply with the laws on protection of state secrets. The educational institution shall declare and update data itself, and it is responsible before law for satisfying the requirements for higher education activities.

Article 32. Procedures for licensing other educational institutions to conduct higher education activities

1. 01 dossier shall comprise:

A written request for a higher education activity license (using Form No. 04 in Appendix II to this Decree) enclosed with a copy of the document approving the guidelines on allowing higher education activities from the direct managing agency, or information on treaties to which the Socialist Republic of Vietnam is a contracting party, and it is only enclosed with corresponding proofs for information and data that are not yet available in the databases of state agencies or have not been connected and shared in accordance with law.

2. The sequence of implementing procedures for licensing another educational institution to conduct higher education activities shall comply with the sequence of implementing procedures for licensing higher education activities for higher education institutions prescribed in this Decree.

Article 33. Suspension of admission, suspension of operations, and revocation of decisions on grant of higher education activity licenses for other educational institutions conducting higher education activities

The suspension of admission, suspension of operations, and revocation of decisions on grant of higher education activity licenses for other educational institutions conducting higher education activities shall comply with regulations on suspension of admission, suspension of operations, and revocation of decisions on grant of higher education activity licenses for higher education institutions prescribed in Article 25, Article 26, Article 27, and Article 28 of this Decree.

Chapter IV

VIETNAMESE EDUCATION QUALITY ACCREDITATION ORGANIZATIONS, FOREIGN EDUCATION QUALITY ACCREDITATION ORGANIZATIONS IN VIETNAM

Section 1

VIETNAMESE EDUCATION QUALITY ACCREDITATION ORGANIZATIONS

Article 34. Operational requirements for Vietnamese education quality accreditation organizations

1. Vietnamese education quality accreditation organizations include public education quality accreditation organizations and private education quality accreditation organizations legally established in accordance with relevant laws; possessing legal personality, their own seals, and their own accounts; and being independently responsible before law for education quality accreditation activities.

2. An education quality accreditation organization may conduct education quality accreditation activities from the time of completing the public disclosure of information and update of data as prescribed in Article 35 of this Decree, and it shall be self-responsible before law for satisfying and maintaining the following requirements:

a) Having an organizational structure, administration, and operation mechanism that ensure independence, objectivity, transparency, and control of conflicts of interest;

b) Having a team of personnel, accreditors, and experts satisfying professional requirements suitable to the scope of assessment and accreditation activities;

c) Having an internal quality management system, accreditation process, quality control mechanism, and mechanism for settling complaints, feedback, and recommendations;

d) Having financial resources, facilities, technical infrastructure, and data systems to ensure the stable and continuous maintenance of accreditation activities;

dd) Publicly disclosing information, updating data, implementing the reporting regime, and archiving dossiers; ensuring accountability and being responsible before law for all education quality accreditation activities.

3. The Minister of Education and Training shall detail the operation standards and the maintenance of operational requirements of education quality accreditation organizations prescribed in Clause 2 of this Article.

Article 35. Public disclosure of information, update of data, and scope of education quality accreditation activities

1. Before implementing education quality accreditation activities, the education quality accreditation organization is responsible for publicly disclosing information and updating data on the satisfaction of operation assurance requirements and the scope of accreditation activities on the information and database system on education quality accreditation in accordance with regulations of the Ministry of Education and Training.

2. The publicly disclosed and updated information includes:

a) Organization name, legal status, head office address, organizational structure, head or legal representative, and information about the owner, investor, or direct managing agency;

b) The scope of education quality accreditation activities, including types of educational institutions, training levels, fields or groups of training majors, and training programs undergoing accreditation;

c) The organization and operation regulation, financial regulation, accreditation process, process for assessing accreditation results, process for handling complaints, feedback, and recommendations, and internal quality control mechanism;

d) The list of professional management personnel, full-time accreditors, accreditors, and external assessment experts participating in accreditation activities; enclosed with information on their professional qualifications, professional fields, experience, scope of assessment participation, and working status (full-time or part-time);

dd) The mechanism for preventing, handling, and publicly disclosing the control of conflicts of interest in education quality accreditation activities;

e) The annual self-assessment report of the education quality accreditation organization; the annual accreditation activity report; the list of accredited educational institutions and training programs; and decisions on recognition of accreditation results that are valid, expired, suspended, or canceled, if any;

g) Other information in accordance with regulations of the Ministry of Education and Training.

3. The education quality accreditation organization shall carry out accreditation activities within the publicly disclosed and updated scope, and it is responsible before law for meeting and maintaining the operation assurance requirements, as well as the accuracy, truthfulness, and completeness of the publicly disclosed and updated information.

4. In case of changing the publicly disclosed and updated information, or expanding and adjusting the scope of accreditation activities, the education quality accreditation organization must update the information and database system on education quality accreditation within 05 working days from the date of the change and prior to implementing activities according to the changed details

5. The Ministry of Education and Training is responsible for conducting post-inspection on the completeness and compliance of the data updated under this Article. In case an inspection reveals that the information is incomplete, inappropriate, or shows signs of untruthfulness, it shall request the accreditation organization to supplement, revise, and explain; in case it fails to comply or fails to meet the requirements, it shall be handled in accordance with this Decree and relevant laws.

The receipt, public disclosure, or utilization of information and data shall not give rise to the recognition, confirmation, assurance, or guarantee by the state management agency that the accreditation organization meets the operational requirements prescribed in this Decree.

Article 36. Maintenance of operational requirements; supervision and assessment of education quality accreditation organizations

1. The education quality accreditation organization is responsible for maintaining the operational requirements prescribed in Article 34 of this Decree throughout its operation; regularly reviewing and updating the publicly disclosed information in accordance with Article 35 of this Decree; and being responsible before law for maintaining the assurance of the publicly disclosed operational requirements.

2. The education quality accreditation organization shall conduct an annual self-assessment on the maintenance of operational requirements, the quality of accreditation activities, compliance with the accreditation process, the quality of external assessment reports, the operations of external assessment delegations, the handling of complaints, feedback, and recommendations, and the implementation of quality improvements in accreditation activities; and it shall report the self-assessment results, quality improvement plan, and implementation results of the quality improvement plan on the information and database system on education quality accreditation.

3. The education quality accreditation organization shall be subject to supervision and assessment according to regulations of the Minister of Education and Training and relevant laws; it is responsible for providing complete and timely dossiers, data, and information to serve supervision and assessment activities, and it is responsible before law for the accuracy and truthfulness of the provided dossiers, data, and information.

4. The supervision and assessment of the education quality accreditation organization shall be based on the level of maintenance of operational requirements, independence, objectivity, integrity, compliance with the accreditation process, the quality of external assessment reports, accreditation results, the handling of feedback, recommendations, and complaints, and related information and data.

5. The education quality accreditation organization is responsible for formulating and implementing a plan for remediation and quality improvement based on the supervision and assessment results; in case it fails to implement or fully implement the remediation and improvement requirements, it shall be handled in accordance with law.

Article 37. Suspension of education quality accreditation activities

1. An education quality accreditation organization shall have all or part of its accreditation activities suspended correspondingly to the scope of violation in any of the following cases:

a) It fails to maintain one of the operational requirements prescribed in Article 34 of this Decree for the publicly disclosed scope of accreditation activities;

b) It fails to publicly disclose information, fails to update data, or publicly discloses and updates information inaccurately, incompletely, or untimely as prescribed in Article 35 of this Decree;

c) It implements accreditation activities outside the publicly disclosed and updated scope;

d) It violates the principles of independence, objectivity, and integrity in education quality accreditation activities;

dd) It has conflicts of interest that affect the accreditation conclusion or results;

e) It employs accreditors or external assessment experts who fail to meet the requirements on professional capacity, experience, independence, objectivity, integrity, or who have conflicts of interest;

g) Its external assessment reports, accreditation dossiers, conclusions, or accreditation results fail to ensure truthfulness, objectivity, completeness, and reliability;

h) It fails to implement remediation requirements following supervision, assessment, and inspection;

i) It fails to archive, fails to provide, or incompletely provides accreditation dossiers and data when requested by competent state agencies;

k) It commits other violations of law to the extent that operation must be suspended.

2. The sequence of suspending education quality accreditation activities is carried out as follows:

a) The Ministry of Education and Training shall organize an inspection and assessment of the act and severity of the violation, and determine the reason and scope of suspension for the education quality accreditation organization; and notify the inspection and assessment results for the organization to explain, unless otherwise immediate suspension is required to ensure the truthfulness and objectivity of accreditation activities or the requirements of state management;

b) Within 05 working days from the date of having sufficient grounds for suspension, the Minister of Education and Training shall decide to suspend all or part of the education quality accreditation activities. The suspension decision must clearly determine the reason, scope, and duration of the suspension, the remediation requirements, and the responsibilities of the education quality accreditation organization.

3. Suspension period: The suspension period shall be determined in the suspension decision but must not exceed 12 months.

4. The suspension decision shall be publicly disclosed on the website of the education quality accreditation organization, the Ministry of Education and Training, and the information and database system on education quality accreditation.

5. Education quality accreditation results issued prior to the time the education quality accreditation organization is suspended shall continue to be valid in accordance with law, unless otherwise such results are determined by competent agencies as flawed and are handled in accordance with law.

6. During the suspension period, the education quality accreditation organization is responsible for:

a) Issuing a written notice to the educational institutions currently executing accreditation contracts and related parties regarding the suspension decision;

b) Not signing new accreditation contracts; not deploying external assessment activities; and not issuing external assessment reports, decisions on recognition of accreditation results, or equivalent documents within the suspended scope and duration;

c) Coordinating with educational institutions to handle contracts, dossiers, and data of ongoing accreditations in accordance with agreements, legal regulations, and the suspended scope;

d) Implementing measures to ensure the lawful rights and interests of educational institutions, learners, and related organizations and individuals.

7. Upon the expiration of the suspension period, after fully remedying the cause of the suspension, the education quality accreditation organization is responsible for updating information on the information and database system on education quality accreditation; issuing a written notice to the Ministry of Education and Training, enclosed with proofs of having remedied the cause of the suspension; and publicly disclosing it in the mass media, on the website of the accreditation organization (if any), posting it at the head office, or taking other suitable forms.

The Ministry of Education and Training shall inspect and supervise the maintenance of operational requirements of the education quality accreditation organization and handle violations in accordance with law.

8. In case, after inspection and supervision, the education quality accreditation organization fails to remedy or fully remedy the cause of the suspension within the time limit stated in the suspension decision, the Ministry of Education and Training shall decide to terminate all or part of the education quality accreditation activities depending on the scope of remediation, and handle violations in accordance with law.

Article 38. Termination of education quality accreditation activities and handling of obligations when the education quality accreditation organization dissolves

1. An education quality accreditation organization shall terminate all or part of its accreditation activities in the following cases:

a) It decides to terminate its accreditation activities itself, or by decision of its owner, or the agency or organization that decided its establishment;

b) It fails to remedy or fully remedy the cause of the suspension during the suspension period;

c) It no longer possesses legal personality or no longer holds operational functions suitable for education quality accreditation activities;

d) It seriously violates the principles of independence, objectivity, fairness, truthfulness, or integrity in education quality accreditation activities;

dd) It falsifies, alters, or misrepresents information, dossiers, data, external assessment reports, conclusions, or accreditation results;

e) It violates other legal regulations to the extent that operation must be terminated.

2. The sequence of terminating education quality accreditation activities is carried out as follows:

a) In case of terminating accreditation activities according to Point a, Clause 1 of this Article, the education quality accreditation organization shall send a written notice to the Ministry of Education and Training at least 30 working days before the expected date of termination; clearly stating the termination scope, termination time, the plan for handling accreditation dossiers, accreditation data, signed accreditation contracts, and related rights and obligations;

b) In case of terminating accreditation activities according to Points b, c, d, dd and e, Clause 1 of this Article, the Ministry of Education and Training shall organize an inspection and assessment, and determine the reason and scope for terminating accreditation activities; and notify the inspection and assessment results for the education quality accreditation organization to explain, unless otherwise immediate termination is required to ensure the truthfulness and objectivity of accreditation activities or the requirements of state management.

Within 05 working days from the date of having sufficient grounds for terminating accreditation activities, the Minister of Education and Training shall decide to terminate all or part of the education quality accreditation activities. The termination decision must clearly determine the reason, termination scope, termination time, and responsibilities of the education quality accreditation organization.

3. Responsibilities for public disclosure of information:

a) In case it self-terminates accreditation activities according to Point a, Clause 1 of this Article, the education quality accreditation organization is responsible for publicly disclosing information on the termination of operations on the information and database system on education quality accreditation, on the organization’s website (if any), at the organization’s head office, and through other suitable forms;

b) In case of terminating accreditation activities according to Points b, c, d, dd and e, Clause 1 of this Article, the Ministry of Education and Training shall publicly disclose the decision on terminating accreditation activities on the information and database system on education quality accreditation, and the website of the Ministry of Education and Training, and handle violations in accordance with law;

4. Education quality accreditation results issued prior to the time the education quality accreditation organization terminates its operations shall continue to be valid in accordance with law, unless otherwise such results are determined by competent agencies as flawed and are handled in accordance with law.

5. The education quality accreditation organization terminating its operations is responsible for:

a) Completing the archiving and handover of accreditation dossiers and data in accordance with law prior to terminating operations or carrying out dissolution in accordance with law;

b) Notifying educational institutions currently executing accreditation contracts; completing the handling of related rights and obligations under contracts and legal regulations; and ensuring the lawful rights and interests of educational institutions, learners, teachers, and related organizations and individuals.

6. The dissolution and termination of legal personality of the education quality accreditation organization shall be carried out in accordance with laws on public non-business units, laws on enterprises, and relevant laws. The implementation of responsibilities for archiving, handing over accreditation dossiers and data, and obligations arising from accreditation activities shall be carried out in accordance with this Decree and relevant laws.

Section 2

FOREIGN EDUCATION QUALITY ACCREDITATION ORGANIZATIONS IN VIETNAM

Article 39. Operational requirements for foreign education quality accreditation organizations in Vietnam

1. A foreign education quality accreditation organization may conduct education quality accreditation activities in Vietnam when it satisfies the following requirements:

a) It is legally established and operating in accordance with the laws of its host country;

b) It is recognized, assessed, or confirmed to have suitable operational status by competent agencies of the host country or legal international organizations, networks, or associations in the field of quality assurance and education quality accreditation;

c) It has a set of standards, accreditation process, process for decision-making on recognition of accreditation results, and a mechanism for handling complaints, feedback, and recommendations that are public and transparent;

d) It has at least 5 years of experience in education quality accreditation activities, or it has conducted at least 30 external assessments for educational institutions and training programs relevant to its operational scope in Vietnam;

dd) It has a team of accreditors and external assessment experts meeting requirements on professional capacity, independence, objectivity, integrity, and prevention of conflicts of interest;

e) It commits to complying with Vietnamese laws, ensuring the lawful rights and interests of educational institutions, training programs, learners, and related organizations and individuals;

g) It publicly discloses information, updates data, implements the reporting regime, archives accreditation dossiers, and submits to the inspection, supervision, and post-inspection of competent state agencies in accordance with Vietnamese laws.

2. A vocational education institution or higher education institution in Vietnam may only select and use the accreditation results of a foreign education quality accreditation organization when that organization meets the requirements prescribed in Clause 1 of this Article and has an operational scope of accreditation suitable to the accreditation activities expected to be conducted in Vietnam.

3. The vocational education institution or higher education institution is responsible for checking and keeping proofs that the foreign education quality accreditation organization meets the requirements prescribed in Clause 1 of this Article before signing an accreditation contract; and it is responsible for the selection of the foreign education quality accreditation organization and the use of accreditation results in accordance with law.

Article 40. Public disclosure of information, update of data, and operational scope in Vietnam of foreign education quality accreditation organizations

1. Before conducting education quality accreditation activities in Vietnam, the foreign education quality accreditation organization is responsible for publicly disclosing information and updating data on the information and database system on education quality accreditation according to regulations of the Ministry of Education and Training.

2. The information to be publicly disclosed and updated includes:

a) Organization name, country or territory of establishment, legal status, head office address, official website, and representative of the organization;

b) Documents or information confirming the legal operational status in the field of education quality accreditation in the host country or in relevant international quality assurance systems;

c) The set of standards, accreditation process, process for decision-making on recognition of accreditation results, and mechanism for handling complaints, feedback, and recommendations;

d) The scope of accreditation activities expected to be conducted in Vietnam, including types of educational institutions, training levels, fields or groups of training majors, and training programs undergoing accreditation;

dd) The list of accreditors and external assessment experts conducting accreditation activities in Vietnam, enclosed with information on their professional qualifications, professional fields, experience, roles in the external assessment delegation, and commitments to complying with Vietnamese laws;

e) The mechanism for preventing and controlling conflicts of interest and ensuring professional integrity;

g) The focal point of contact in Vietnam or authorized focal point to receive information, complaints, feedback, recommendations, and post-inspection requests from competent state agencies;

h) Other information in accordance with regulations of the Ministry of Education and Training.

3. The foreign education quality accreditation organization conducts accreditation activities in Vietnam within the publicly disclosed and updated scope and is responsible before Vietnamese law for the accuracy, truthfulness, and completeness of the publicly disclosed and updated information.

4. In case of changing the publicly disclosed and updated information, or adjusting and supplementing the scope of accreditation activities in Vietnam, the foreign education quality accreditation organization must update the information and database system on education quality accreditation before conducting activities according to the changed details

5. The state management agency is responsible for post-inspecting the completeness and compliance of the data updated under this Article; in case an inspection reveals that the information is incomplete or inappropriate, it shall request the accreditation organization to supplement, revise, or implement handling measures in accordance with this Decree and relevant laws.

6. The Ministry of Education and Training shall publicly disclose information on foreign education quality accreditation organizations that have publicly disclosed information and updated data as prescribed in this Article for educational institutions to select accreditation organizations. The Minister of Education and Training shall detail the public disclosure of information and update of data of foreign education quality accreditation organizations in accordance with this Article.

The receipt, publication, public disclosure of information, and update of data under this Article do not give rise to any assurance or guarantee value from state agencies regarding the capacity, prestige, or operational quality of foreign education quality accreditation organizations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 41. Effect

1. This Decree takes effect from the date of signing for promulgation.

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

a) Chapter VI and Chapter VII of the Government’s Decree No. 125/2024/ND-CP dated October 05, 2024, prescribing conditions for investment and operation in education;

b) The Government’s Decree No. 143/2016/ND-CP dated October 14, 2016, prescribing conditions for investment and operation in vocational education, which is amended and supplemented by the Government’s Decree No. 140/2018/ND-CP dated October 08, 2018, and the Government’s Decree No. 24/2022/ND-CP dated April 06, 2022;

c) Section 1, Section 2, and Section 3, Chapter III of the Government’s Decree No. 95/2026/ND-CP dated March 31, 2026, detailing a number of articles of the Law on Vocational Education;

d) Chapter III, Article 39, Clause 1, Article 40, and Clause 1 and Clause 2, Article 41 of the Government’s Decree No. 15/2019/ND-CP dated February 01, 2019, detailing a number of articles and measures for implementation of the Law on Vocational Education;

dd) Provisions on foreign-invested higher education institutions and Vietnam-based foreign higher education institution branches prescribed in Clause 3, Article 31, Article 33, Clause 2, Article 41, Article 42, Article 45, Article 46, Article 48, Article 49, and Section 8, Chapter III; Clause 4, Clause 5, and Clause 6, Article 28; Clause 4, Article 31; Clause 1 and Clause 2, Article 34; Clause 4, Clause 5, Clause 5a, and Clause 6, Article 35; Clause 4 and Clause 5, Article 36; Clause 4 and Clause 5, Article 38; Clause 1, Article 40; Section 6, Chapter III; and Clause 1, Article 47 of the Government’s Decree No. 86/2018/ND-CP dated June 06, 2018, prescribing foreign cooperation and investment in education, which is amended and supplemented by the Government’s Decree No. 124/2024/ND-CP dated October 05, 2024.

Article 42. Transitional provisions

1. The institutions which have obtained approval of guidelines on establishment or permission for establishment from competent agencies before the effective date of this Decree but have not yet submitted dossiers of request for establishment or permission for establishment shall carry out the procedures for establishment or permission for establishment in accordance with this Decree.

Competent agencies shall not require organizations and individuals to re-submit papers and documents already submitted at the step of guideline approval if such papers and documents are conformable with the provisions of this Decree, or if information and data are already available in the national databases or specialized databases.

In case the competence to settle administrative procedures is adjusted, the agency that has processed the dossier of request for guideline approval shall transfer the existing dossiers and documents to the competent agency or person as prescribed in this Decree for further settlement.

2. Chapter VI of Decree No. 125/2024/ND-CP, which is amended and supplemented by Decree No. 142/2025/ND-CP, Resolution No. 66.16/2026/NQ-CP, and Resolution No. 23/2026/NQ-CP, continues to be applied for settling administrative procedures for higher education institutions and branches of higher education institutions in the period from July 01, 2026 to prior to the effective date of this Decree; the competence to settle administrative procedures complies with the Law on Education No. 43/2019/QH14, which is amended and supplemented by Law No. 123/2025/QH15.

3. For dossiers requesting settlement of administrative procedures falling within the scope of regulation of this Decree that have been received completely and validly prior to the effective date of this Decree:

a) Dossiers completely and validly received before July 01, 2026: The receiving competent agencies or persons shall continue to handle and settle them according to the legal provisions effective at the time of dossier receipt, even in cases where the competence to settle such administrative procedures has been adjusted according to legal provisions;

b) Dossiers completely and validly received from July 01, 2026 to prior to the effective date of this Decree: The receiving competent agencies or persons shall continue to handle and settle them according to the legal provisions that the Government allowed to be continuously applied at the time of dossier receipt under Resolution No. 10/2026/NQ-CP, Resolution No. 23/2026/NQ-CP, or Clause 2 of this Article, unless otherwise prescribed at Point c of this Clause;

c) For dossiers completely and validly received as prescribed at Point b of this Clause but lacking settlement results prior to the effective date of this Decree: The organizations and individuals submitting the dossiers may choose to continue implementing according to Point b of this Clause or switch to applying the provisions of this Decree. In case the competence to settle administrative procedures is adjusted, the dossier-receiving agency shall simultaneously transfer the dossiers, documents, and existing processing and assessment results to the competent agency or person as prescribed in this Decree for further settlement. The time of receiving complete and valid dossiers shall be determined according to the time the agency previously received them;

d) Competent agencies shall not require organizations and individuals to re-submit already submitted papers and documents if such papers and documents are conformable with the provisions of this Decree, or if information and data are already available in the national databases or specialized databases, or have been previously confirmed and settled by competent state agencies.

4. For cases currently undergoing the process of suspending educational activities, revoking decisions on establishment or permission for establishment, or dissolving prior to the effective date of this Decree, the results of inspection, verification, conclusions, requests for explanation, and remediation requests that have been implemented completely and validly shall continue to be used for handling according to the legal provisions at the time of implementation; in case the handling competence is adjusted, the agency that initiated the process shall transfer the dossiers, documents, and existing processing results to the competent agency or person as prescribed in this Decree for further handling.

5. Decisions on establishment and permission for establishment of vocational education institutions, higher education institutions, branches of vocational education institutions, and branches of higher education institutions; decisions on permission for operation, registration certificates, and registration certificates of additional vocational and higher education activities legally granted prior to the effective date of this Decree shall continue to be valid according to the duration stated in the documents or until they are amended, supplemented, replaced, or revoked in accordance with law. Educational institutions may continue operating within the licensed scope and are responsible for fulfilling corresponding transitional requirements prescribed in this Article; upon expiration of the transitional period, they must maintain operation conditions and quality assurance conditions under this Decree; and implement requirements on public disclosure, reporting, data update, inspection, examination, and post-inspection as prescribed. In case the Law on Vocational Education, the Law on Higher Education, or relevant laws have prescribed specific transitional periods and requirements, such provisions shall apply.

6. Vocational education institutions and higher education institutions engaged in vocational education activities falling under the circumstances prescribed in Clause 3, Article 7 of the Law on Vocational Education No. 124/2025/QH15 that have been granted registration certificates of vocational education activities and registration certificates of additional vocational education activities from January 01, 2026 to prior to the effective date of this Decree may continue admitting learners and organizing training for majors and trades within the scope of the granted certificates. Concurrently, vocational education institutions and higher education institutions engaged in vocational education activities are responsible for:

a) Within 06 months from the effective date of this Decree, reviewing and meeting the operation licensing conditions prescribed in Article 9 of this Decree. In case a vocational education institution is subject to the provisions of Clause 14, Article 45 of the Law on Vocational Education, its satisfaction of the conditions for being granted a license to conduct vocational education activities shall be determined based on the standards for vocational education institutions applicable during the transitional period prescribed in such Clause;

b) Registering training program information in the specialized database on vocational education as prescribed in Article 20 of Law No. 124/2025/QH15.

7. Higher education institutions and other educational institutions conducting higher education activities that have been permitted to conduct higher education activities prior to the effective date of this Decree may continue admitting learners and organizing training for majors within the permitted scope and majors within the same group of majors as the permitted majors (except for the health field, which is solely major by major). Concurrently, they are responsible for:

a) Within 36 months from the effective date of this Decree, reviewing and meeting the operation licensing conditions prescribed in Article 23 of this Decree for higher education institutions, and Article 31 of this Decree for other educational institutions conducting higher education activities. In case an educational institution is subject to the transitional provisions prescribed in Clause 8 and Clause 11, Article 46 of the Law on Higher Education, its satisfaction of the conditions for being granted a license to conduct educational activities shall be determined based on the standards for higher education institutions and the standards for training programs applicable during the respective transitional periods prescribed in Article 46 of the Law on Higher Education;

b) Within 12 months from the effective date of this Decree, reporting to the Ministry of Education and Training, concurrently declaring and fully updating information on the specialized database on higher education as prescribed;

c) At least 30 days before the first admission notice for a major within the same group of majors as the licensed major prescribed in this Clause, reporting to the Ministry of Education and Training for monitoring and management, and taking responsibility for satisfying quality assurance conditions for the expected major of admission.

8. A branch of a higher education institution that has been granted an operation license from January 01, 2026 to prior to the effective date of this Decree may continue operating within the licensed scope and must review and meet requirements on operations and quality assurance at the branch as prescribed in this Decree within 48 months from the effective date of this Decree; and implement requirements on public disclosure, reporting, data update, inspection, examination, and post-inspection as prescribed.

9. A higher education institution upgraded from a college or having a college merged into it from January 01, 2026, which does not fall under the circumstances prescribed in Clause 3, Article 7 of Law No. 124/2025/QH15, may continue organizing training, recognizing academic results, and granting diplomas and certificates for learners admitted by the college before the time of upgrading or merging until the end of their courses.

10. A foreign higher education institution that is organizing training activities in Vietnam before the effective date of this Decree, falling under the transitional case prescribed at Point dd, Clause 2, Article 3 of Decree No. 124/2024/ND-CP, may continue maintaining training activities for the remaining transitional period determined under that provision to implement investment-related procedures in accordance with the law on investment, and procedures for permission for establishment and grant of operation licenses in accordance with this Decree; upon expiration of this period, if it is not permitted for establishment and granted an operation license, it must terminate its operations in Vietnam in accordance with this Decree and relevant laws.

In case the foreign higher education institution has not been granted an investment certificate under the law on investment by the effective date of this Decree, it must not admit new learners in Vietnam.

11. For educational institutions that are legally organizing training activities at training places other than the head office and branches (below referred to as training places) prior to the effective date of this Decree:

a) Within 06 months from the effective date of this Decree, vocational education institutions and higher education institutions are responsible for declaring and updating on the specialized database the information and data on all legal training places that are organizing training or have announced admission from 2026. Educational institutions are responsible for the accuracy and completeness of the information and implementing requirements on public disclosure, reporting, data update, inspection, examination, and post-inspection as prescribed.

Within 48 months from the effective date of this Decree, vocational education institutions are responsible for reviewing training places that were organizing vocational education activities prior to the effective date of this Decree; higher education institutions are responsible for reviewing training places that commenced higher education activities from January 01, 2026 to prior to the effective date of this Decree to satisfy and maintain criteria, standards, and quality assurance requirements in accordance with this Decree. Upon expiration of this period, if that training place fails to meet the provisions of this Decree, the educational institution must terminate training activities or reorganize training activities at that location in accordance with this Decree and relevant laws;

b) Within 12 months from the effective date of this Decree, other educational institutions conducting higher education activities must terminate training activities at training places or reorganize training activities at such locations in accordance with this Decree or relevant laws;

c) Changes to training places must be declared and updated in the specialized database to serve as a basis for state management implementation in accordance with law.

12. For head offices and branches of vocational education institutions that have been established or permitted for establishment prior to the effective date of this Decree, when relocating the head office or branch, or upon expiration of the legal use term of the land and land-attached facilities where the head office or branch is located, the vocational education institution is responsible for ensuring land use rights, ownership, or legal use rights of land-attached assets in accordance with this Decree.

In case of expiration of the legal use term for land and land-attached facilities without establishing legal ownership or use rights as prescribed, or if there is a conclusion from a competent agency that the location fails to satisfy the prescribed conditions, the vocational education institution must not admit new learners at that location and is responsible for remedying, executing procedures for relocation, or terminating vocational education activities at that location in accordance with this Decree or relevant laws within a period not exceeding 12 months from the date of expiration of the legal use term or the date of the competent agency’s conclusion.

13. Private vocational education institutions and private higher education institutions established upon the proposal of two or more investors prior to January 01, 2026 must execute procedures for establishing economic organizations in accordance with the law on investment and the law on enterprises prior to January 01, 2027, and simultaneously notify competent agencies within 14 working days from the date of completing procedures as prescribed in Clause 1, Article 12 of the Government’s Decree No. 66/2026/ND-CP dated March 02, 2026, detailing a number of articles of the Law on Education.

The establishment of economic organizations shall be carried out on the basis of agreements between the parties in accordance with civil law, enterprise law, and relevant laws. Investors are responsible for transferring capital contributions, allocating rights and obligations, or settling disputes through negotiation, mediation, or the Court in accordance with law.

The economic organization established under this Clause is the investor of the private educational institution and inherits all rights and obligations of the previous investors towards the educational institution. The economic organization is responsible for ensuring that the educational institution continues to fully and continuously implement its rights and obligations towards learners, teachers, administrators of the educational institution, employees, and related organizations and individuals.

14. Vietnamese education quality accreditation organizations that have been legally established or permitted for establishment and operation prior to the effective date of this Decree may continue operating within the legal operational scope prior to the effective date of this Decree; and are responsible for reviewing and meeting operational requirements prescribed in this Decree, publicly disclosing information, and updating data according to regulations of the Ministry of Education and Training within 12 months from the effective date of this Decree. After implementing public disclosure of information and update of data as prescribed, the organization conducts accreditation activities within the publicly disclosed and updated scope as prescribed in Article 35 of this Decree.

15. Foreign education quality accreditation organizations that have been recognized or permitted to conduct education quality accreditation activities in Vietnam prior to the effective date of this Decree may continue operating within the scope recognized or permitted by competent agencies; and are responsible for reviewing and meeting operational requirements prescribed in this Decree, publicly disclosing information, and updating data according to regulations of the Ministry of Education and Training within 12 months from the effective date of this Decree. After implementing public disclosure of information and update of data as prescribed, the organization conducts accreditation activities within the publicly disclosed and updated scope as prescribed in Article 40 of this Decree.

16. Decisions on recognition of accreditation results, accreditation results, or equivalent documents legally issued prior to the effective date of this Decree shall continue to be valid for their determined duration, unless otherwise they are handled in accordance with law. Dossiers, documents, and results of accreditation activities legally implemented prior to the effective date of this Decree shall continue to be used in accordance with law.

Article 43. Responsibilities for implementation

The Minister of Education and Training, Ministers, Heads of ministerial-level agencies, Chairpersons of the People’s Committees of provinces and cities, and related organizations and individuals are responsible for implementing this Decree.

ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER

Le Tien Chau

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	361/2026/ND-CP	Signer:	Le Tien Chau
Type:	Decree	Expiry date:	Updating
Issuing date:	17/09/2026	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Education - Training - Vocational training, Investment

Decree 361/2026/ND-CP conditions for investment and operation in vocational education, higher education and education quality accreditation

ATTRIBUTE

VIETNAMESE DOCUMENTS

ENGLISH DOCUMENTS

SAME CATEGORY

Decree No. 342/2026/ND-CP dated September 03, 2026 of the Government detailing the Commercial Law and the Law on Foreign Trade Management regarding goods purchase and sale and related activities of foreign investors and foreign-invested economic organizations in Vietnam

Circular No. 44/2026/TT-NHNN dated August 27, 2026 of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 40/2025/TT-NHNN guiding foreign exchange management for offshore investment in oil and gas activities

Law No. 24/2026/QH16 dated August 24, 2026 of the National Assembly Amending and Supplementing a Number of Articles of the Law on Investment

Decree No. 324/2026/ND-CP dated August 17, 2026 of the Government amending and supplementing a number of articles of the Government’s Decree No. 51/2015/ND-CP dated May 26, 2015, on issuance of legal opinions