Opening a kindergarten, a language center, or any other educational institution in Vietnam requires one mandatory gate: an education operating license before enrolling a single student. Since 17 September 2026, the legal framework for this license has fundamentally changed with Decree 360/2026/ND-CP. This guide summarizes the facility conditions, staffing requirements, and licensing procedure under the rules currently in force.
1. What does “education operating license” actually mean?
In practice, the term covers two different procedures:
- A decision permitting education operations — for kindergartens, general-education schools, continuing-education institutions and other educational institutions, governed by Decree 360/2026/ND-CP (effective 17 September 2026);
- A certificate of registration for vocational education operations — for vocational institutions, governed by Decree 361/2026/ND-CP (effective 17 September 2026, replacing Decree 143/2016/ND-CP).
This article focuses on Decree 360/2026/ND-CP, which directly governs kindergartens and foreign language centers — the two segments foreign investors ask about most.
2. Current legal framework (as of 14 October 2026)
- Decree 360/2026/ND-CP — conditions for investment in and operation of preschool, general-education, continuing-education and other educational institutions; effective 17 September 2026; replaces Chapters II, III, IV, V and VIII of Decree 125/2024/ND-CP;
- Decree 361/2026/ND-CP — the vocational-education track (brief note in section 7);
- Circular 21/2018/TT-BGDDT — Regulation on the organization and operation of foreign language and informatics centers; effective since 10 October 2018 and still in force.
Do not rely on the repealed chapters of Decree 125/2024/ND-CP for matters now governed by Decree 360/2026.
3. Licensing conditions for kindergartens (Article 9, Decree 360/2026)
A kindergarten is licensed when it simultaneously meets three groups of conditions:
(a) Facilities: minimum facilities, toys, learning materials and teaching equipment meeting Ministry of Education and Training (MOET) standards. People-founded and private kindergartens (including those proposed by foreign diplomatic missions or intergovernmental organizations) must present a roadmap to secure minimum facilities matching their maximum planned scale.
(b) Staffing: sufficient managers, teachers, education-support staff and employees — adequate in number and meeting job-position requirements — to run nurturing, care and education activities under the preschool education program.
(c) Financial resources: funding to sustain and develop operations. For private kindergartens, the minimum investment is VND 30 million per child (excluding land-use costs), calculated at maximum planned scale; where only leased or existing facilities are used, the minimum is 70% of that level. Public and people-founded kindergartens are funded by the competent authority or the local community.
4. Conditions for foreign language centers (Point b, Clause 3, Article 39, Decree 360/2026)
Foreign language centers (together with informatics centers and combined centers) fall under “other centers performing continuing-education tasks”. Establishment requires three groups of conditions:
- Premises and facilities: location, classrooms, function rooms and teaching equipment meeting the requirements of the programs delivered at the center under MOET regulations;
- Materials: teaching and learning materials meeting program requirements;
- Staffing: managers, teachers and staff sufficient in number and meeting job-position requirements.
Day-to-day organization and operation (management structure, enrollment, teaching, finance) continues to follow Circular 21/2018/TT-BGDDT.
5. Teacher standards at language centers (Article 18, Circular 21/2018/TT-BGDDT)
Vietnamese teachers must hold either a college degree or higher in foreign-language pedagogy, or a college degree or higher in a foreign language plus a pedagogical-skills certificate.
Foreign teachers must meet one of the following: a college degree or higher in foreign-language pedagogy; a college degree or higher in a foreign language plus an appropriate foreign-language teaching certificate; or a college degree or higher, a foreign-language proficiency certificate at level 5 or above of Vietnam’s 6-level framework (or equivalent), plus an appropriate foreign-language teaching certificate.
For foreign investors hiring native speakers, this is a hard requirement: formal qualifications and teaching certificates cannot be substituted with experience alone.
6. Procedure and timelines — kindergarten example (Article 10, Decree 360/2026)
- Dossier: written request for an education operating license (Form No. 04 of the Decree’s Appendix) explaining how Article 9 conditions are met, with evidence; people-founded/private kindergartens add proof of financial resources;
- 02 working days from receipt: the receiving authority notifies any items needing amendment or supplementation;
- 12 working days from receipt of a complete, valid dossier: the specialized agency appraises the file and submits it to the competent authority for a licensing decision; refusals must be notified in writing with reasons.
These timelines apply to kindergartens; each institution type has its own procedure in the Decree — always check the article applicable to your model.
7. Who grants the license? Authority after two-tier government decentralization
Under Article 4 of Decree 360/2026, licensing authority is strongly decentralized:
- Chairperson of the commune-level People’s Committee: kindergartens, primary and lower-secondary schools, and certain other types;
- Chairperson of the provincial-level People’s Committee: upper-secondary schools, specialized schools, and schools proposed by foreign organizations;
- Director of the Department of Education and Training: establishment of continuing-education centers, other centers performing continuing-education tasks (including language centers), and vocational-education centers; licensing of schools under their remit.
Confirm the competent authority in your locality before filing, as provinces may issue their own implementation guidance.
8. Brief note: the vocational-education track (Decree 361/2026)
Vocational institutions may only operate after obtaining a certificate of registration for vocational education operations under Decree 361/2026/ND-CP. This is a separate track from the kindergarten and language-center rules above.
9. Common risks and recommendations
- Confusing “establishment” with “operating license”: the establishment decision is only step one; enrollment requires the operating license;
- Citing repealed rules: Chapters II, III, IV, V and VIII of Decree 125/2024 were replaced on 17 September 2026 — dossiers citing expired provisions risk being returned for amendment;
- Non-compliant teaching staff: especially foreign teachers at language centers — secure degrees and certificates during recruitment;
- Financial proof: private kindergartens must evidence VND 30 million/child with lawful documents (credit contracts, blocked-account confirmations, investment payment records).
10. Frequently asked questions
Does a language center need an education operating license?
Yes. Language centers must be established/permitted and comply with the Regulation under Circular 21/2018/TT-BGDDT; the licensing authority is the Director of the Department of Education and Training.
What qualifications does a foreign teacher need?
Under Article 18 of Circular 21/2018: a college degree or higher (preferably in language pedagogy), a level-5+ language proficiency certificate where the degree is not language-related, and an appropriate language-teaching certificate.
Does Decree 125/2024 still apply to kindergartens?
No, for matters replaced by Decree 360/2026 (Chapters II, III, IV, V, VIII of Decree 125/2024) since 17 September 2026. New dossiers follow Decree 360/2026.
Legal sources
- Decree 360/2026/ND-CP dated 17 September 2026 — in force (effective from signing date);
- Decree 361/2026/ND-CP dated 17 September 2026 — in force;
- Circular 21/2018/TT-BGDDT dated 21 August 2018 — in force (effective 10 October 2018).
See also: Legal Guide to Foreign Investment in Education in Vietnam.
Need a compliance review for your school or center? Contact FLAT Law Firm.
For reference only; not legal advice for your specific case. This article has been quality-checked (QA) by the AI Legal Council and has not been reviewed by a human lawyer.
