Paying hundreds of millions of VND in tuition for a child at an international school, then having to withdraw the child mid-year due to a family relocation — the parents ask for a refund of the unused months, but the school refuses, citing a “tuition paid is non-refundable” clause. Does this sound familiar? The legal answer is: parents have the right to claim a refund, but how much depends on the contract and the services actually used. The two main legal bases are the Civil Code 2015 (service contracts) and the Law on Protection of Consumer Rights 2023.
This article analyzes the right to tuition refunds upon mid-term withdrawal and the practical steps to protect your interests.
1. Basis 1 — Education service contracts (Civil Code 2015)
A contract between parents and an international school is essentially a service contract: the school supplies education services, the parents pay. Under the Civil Code 2015s service contract regime, the service hirer may unilaterally terminate the contract — parents may withdraw their child mid-term without the schools consent.
The consequence of termination: parents pay for the services already rendered (the months the child attended), and the school must refund the amount corresponding to unused services. A clause stating “tuition is non-refundable in all cases” — if it entirely excludes the duty to refund unused portions — may be deemed an unfair term disadvantageous to consumers.
2. Basis 2 — Law on Protection of Consumer Rights 2023
The Law on Protection of Consumer Rights 2023 (19/2023/QH15, effective 01/7/2024) strengthens protection for parents as consumers of education services:
- Article 38 (remote transactions — online enrollment): consumers may unilaterally terminate when the supplier provides inaccurate or incomplete information; the supplier must refund the amount corresponding to unused services within 30 days of the termination notice; late refunds bear interest;
- Article 42: continuous service contracts (such as a full school year) must be made in writing with one copy given to the consumer — a school failing to provide the contract violates the law;
- Consumers pay no fees whatsoever to terminate a contract, except for the portion of services already used.
3. When is the refund claim strongest?
Claims are strongest when:
- The school breaches its commitments: teaching quality not as advertised, program changes, teachers not meeting promised standards — termination due to the schools fault entitles parents to refunds of unused portions plus possible damages;
- The contract has a clear refund policy: many international schools refund 70-90% for withdrawals before a cutoff — a direct basis;
- Early withdrawal with little use: the larger the unused portion, the larger the refund.
4. Practical steps in a dispute
- Step 1 — Read the contract carefully: identify termination, refund and notice-period clauses;
- Step 2 — Send a written request: notify termination and demand refund of unused tuition, stating the grounds; keep the receipt;
- Step 3 — Complain: file complaints with the Department of Education and Training (which oversees the school) and the consumer protection association;
- Step 4 — Sue: if negotiation and complaints fail, file a civil lawsuit seeking court-ordered refunds and damages.
5. Frequently asked questions
Q: What if the school forces parents to sign a “voluntary non-refund” commitment?
A: Such a commitment is not automatically void, but if it is a standard-form clause drafted by the school excluding the duty to refund unused services, parents may ask the consumer protection authority or the court to review its fairness.
Q: Is a refund due if the child is expelled by the school?
A: If the expulsion violates regulations (wrong disciplinary procedure, no grounds), parents may demand refunds of unused portions plus damages. If the discipline followed regulations, the contracts refund terms apply.
Q: What is the limitation period for tuition disputes?
A: Under the Civil Code 2015, the limitation for contract disputes is 03 years from when the claimant knew or should have known their lawful rights were infringed.
In a tuition dispute with an international school? 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.