Opening a private kindergarten in Vietnam requires more than premises and capital — investors must pass through two separate legal gates: permission to establish and permission to operate educational activities. Since 20 November 2024, these conditions and procedures have been governed by Decree 125/2024/ND-CP (which replaced Decree 46/2017/ND-CP and Decree 135/2018/ND-CP).
This article systematizes the conditions and procedures for establishing a private kindergarten under current Vietnamese law, helping investors prepare a compliant dossier from the outset.
1. Legal framework in force since 20 November 2024
Two foundational instruments govern every private kindergarten establishment file:
- The Law on Education 2019 (43/2019/QH14, effective 1 July 2020): general provisions on the national education system, in which kindergartens are preschool education institutions;
- Decree 125/2024/ND-CP (issued 5 October 2024, effective 20 November 2024): detailed investment and operating conditions in education — fully replacing Decree 46/2017/ND-CP and Decree 135/2018/ND-CP.
Important note: any templates or advisory materials still citing Decree 46/2017/ND-CP as the current basis are outdated. Investors should cite Decree 125/2024/ND-CP when dealing with the authorities.
2. Two legal steps that cannot be merged
Many investors confuse the following two decisions — in fact they are independent procedures:
- Step 1 — Decision permitting establishment: the competent People’s Committee Chairperson permits an organization or individual to establish a private kindergarten, based on the establishment proposal;
- Step 2 — Decision permitting educational operation: only after establishment and satisfaction of the five condition groups under Article 5 of Decree 125/2024/ND-CP may the authority permit educational operation — i.e. enrolling children and organizing nurturing, care and education.
A school may only enroll students once it holds the educational operation permit. Enrolling without meeting the conditions is a violation subject to administrative penalties.
3. Five operating conditions (Article 5, Decree 125/2024/ND-CP)
Condition 1 — Land and facilities: land, facilities, equipment, teaching aids and toys meeting the minimum standards on location, scale, area and physical facilities for kindergartens set by the Ministry of Education and Training. In inner-city areas of special-class urban centers, land area may be replaced by floor area, provided the floor area is no less than the minimum average land area per child.
Condition 2 — Curriculum: education programs, materials and learning resources meeting the preschool education program requirements.
Condition 3 — Personnel: sufficient managers, teachers, staff and employees meeting standards for child nurturing, care and education.
Condition 4 — Finance (the most-asked condition): a private kindergarten must invest at least VND 30 million per child, excluding land-use costs. The minimum total investment is calculated at the point of highest projected scale, and the capital plan must match each development phase. Where no new facilities are built and existing/leased facilities are used instead, the minimum investment must reach 70% of the above level. Example: a 200-child kindergarten needs at least VND 6 billion in investment capital (land costs excluded).
Condition 5 — Charter: an organization and operation charter of the school.
4. What the establishment proposal must cover
The proposal to establish a private kindergarten must clearly state:
- Objectives, tasks, and the preschool education program and content;
- Land, facilities, equipment, and the proposed school site;
- Organizational structure;
- Resources and finance;
- Strategic direction for building and developing the school.
A welcome new feature of Decree 125/2024/ND-CP is online dossier submission through end-to-end online public services — saving investors cost and travel time.
5. Common mistakes that get dossiers returned
- Citing expired instruments: using proposal templates drafted under Decree 46/2017/ND-CP;
- Under-calculating capital: including land-use costs in the VND 30 million-per-child threshold — the law excludes them;
- Confusing the two decisions: holding an establishment permit but enrolling students before obtaining the educational operation permit;
- Missing the organization and operation charter — a mandatory but frequently omitted condition.
6. Frequently asked questions
Q: Can an individual establish a private kindergarten?
A: Yes. The law allows organizations and individuals to establish private kindergartens, provided all conditions are met and the competent authority grants permission.
Q: Can a leased premises be used to open a private kindergarten?
A: Yes, but the minimum investment must reach 70% of the standard level (i.e. VND 21 million per child), and the leased facilities must still meet minimum standards.
Q: After the establishment permit, how soon must the operation permit be sought?
A: The law sets no hard deadline, but a school may only enroll after obtaining the educational operation decision. Investors should complete facilities and staffing promptly after establishment to qualify as soon as possible.
Preparing to invest in a private kindergarten and need a legal review of your proposal? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.
