The problem: the establishment decision is in hand — can enrollment start now? Quick answer: not yet. The establishment decision is the “birth certificate”; the education operation license is the “practice license” — only with it may preschools and general schools lawfully enroll and teach under Decree 46/2017/ND-CP.
Two documents, two different legal values
Many school owners confuse them: the establishment decision confirms the school may exist as an education legal entity; the operation license confirms it actually meets conditions (curriculum, staffing, facilities) to run education activities. The gap between them is the phase of completing facilities, hiring, and training staff — it can’t be skipped.
Licensing conditions (Decree 46/2017)
- Curriculum: level-appropriate teaching programs built/issued as prescribed; private schools with integrated curricula need approved programs.
- Staffing: sufficient qualified teachers and staff under labor contracts; heads meeting standards.
- Facilities: classrooms, equipment, and teaching aids fit for curriculum delivery; safety, hygiene, and fire-protection compliance.
Files go to the competent authority per decentralization (provincial Department of Education and Training/local education managers depending on level); authorities appraise files and inspect physically before licensing.
When is it suspended or revoked?
- Suspension: when a licensing condition is no longer met (e.g., seriously degraded facilities, prolonged teacher shortages), or serious education violations.
- Revocation: for file fraud, or failure to remedy after suspension.
- During suspension/revocation, schools may not enroll or teach — operating anyway is an administrative violation risking heavy fines and future re-licensing.
Changing scale or location
New branches, enrollment beyond license scope, relocation — all require license amendment/supplementation. “Old license, new premises” is a common violation when schools expand fast and forget procedures.
Frequently Asked Questions
1. Does the establishment decision allow enrollment?
No. The education operation license is required for lawful enrollment and teaching. The establishment decision only confirms the school may exist.
2. Where to apply for the operation license?
File with the competent authority per decentralization; authorities appraise files and inspect physically before issuing.
3. When is a license revoked?
For licensing-file fraud, or unremedied conditions after suspension. Suspended/revoked schools may not enroll or teach.
4. Do new branches need licensing?
Yes. New branches, over-scope expansion, or relocation all require license amendment/supplementation.
5. Do operation licenses expire?
Licenses stay valid while conditions are continuously met; failure to maintain conditions can bring suspension or revocation.
This article has been quality-reviewed by the FLAW AI Legal Council.
