From 21 April 2017, Decree 46/2017 introduces a new set of conditions for establishment of domestic schools from kindergarten to university levels. The new conditions replaces various legislation of the same topics. However, these conditions do not apply to foreign-invested schools (FIE schools). In additions, schools established before 21 April 2017 need not to comply with the new and, in many cases, stricter conditions. The table below summarises the key conditions for setting a domestic school under the old regulations, setting up an FIE school under Decree 73/2012, and setting up a domestic school under Decree 46/2017.

This post is contributed by Nguyen Linh Chi, an intern at Venture North Law.

Types of schools	Old conditions for domestic schools	Conditions for FIE schools	Conditions for domestic schools under Decree 46/2017
Kindergarten
Financial conditions	Sufficient to guarantee education activities.	VND 30 mil/a child.	Sufficient to guarantee education activities.
Infrastructure conditions	12 m² a child in lowland and midland regions; 8 m² a child in urban, suburban, and mountainous regions.	10 - 12 m² a child if in case of rural regions; 6 - 8 m² a child in case of urban, suburban regions.	12 m² a child if in case of lowland and midland regions; 8 m² a child in case of urban, suburban, and mountainous regions
Personnel conditions	Teachers and staffs must have intermediate professional education diplomas in their respective fields.	Teachers must have associate degrees of kindergarten education.	Having adequate qualified management personnel, teachers and staffs.
Required approvals	- Establishment decision or approval by the Chairman of District-level People’s Committee - Education activities approved by the Head of Education and Training Committee Division.	- Approval by the Chairman of District-level People’s Committee; - Education activities approved by the Head of Education and Training Committee Division.	- Establishment decision or approval by the Chairman of District-level People’s Committee - Education activities approved by the Head of Education and Training Committee Division.
Primary school
Financial conditions	Sufficient to guarantee education activities.	VND 50 mil/a student and total capital of no less than VND 50 billion	Sufficient to guarantee education activities.
Infrastructure conditions	10 m² a student in rural and mountainous regions; 6 m² a student in urban and suburban regions.	- 10 m²a student in case of rural regions; 6 m² a student in case of urban and suburban regions. - Average studying and teaching area: 2.5 m² a student.	10 m²a student in case of rural and mountainous regions; 6 m² a student in case of urban and suburban regions.
Personnel conditions	Teachers must have intermediate professional education diplomas in education.	Teachers must have bachelor degrees or equivalent degrees in elementary education.	Having adequate qualified management personnel, teachers and staffs.
Required approvals	- Establishment decision or approval by the Chairman of District-level People’s Committee; - Education activities approved by the Head of Education and Training Committee Division.	- Approval by the Chairman of Province-level People’s Committee; - Approval by Minister of Education and Training for ones proposed to establish by forein diplomatic body or intergovernmental organizations; - Education activities approved by the Head of Education and Training Committee Division.	- Establishment decision or approval by the Chairman of District-level People’s Committee; - Education activities approved by the Head of Education and Training Committee Division.
Secondary school
Financial conditions	Sufficient to guarantee education activities.	VND 50 mil/a student and total capital of no less than VND 50 billion.	Sufficient to guarantee education activities.
Infrastructure conditions	Sufficient to guarantee education activities.	- 10 m²a student in case of rural and mountainous regions; 6 m² a student in case of urban and suburban regions. - Average studying and teaching area: 2.5 m² a student.	Sufficient to guarantee education activities.
Personnel conditions	Teachers must have associate degree in education or associate degree and certificate of pedagogical training.	Teachers must have bachelor degrees in education.	Having adequate qualified management personnel, teachers and staffs.
Required approvals	- Establishment decision or approval by the Chairman of District-level People’s Committee; - Education activities approved by the Head of Education and Training Committee Division.	- Approval by the Chairman of Province-level People’s Committee; - Approval by Minister of Education and Training for ones proposed to establish by foreign diplomatic body or intergovernmental organizations; and - Education activities approved by the Head of Education and Training Committee Division.	- Establishment decision or approval by the Chairman of District-level People’s Committee; - Education activities approved by the Head of Education and Training Committee Division.
High school
Financial conditions	Sufficient to guarantee education activities.	VND 50 mil/a student and total capital of no less than VND 50 billion.	Sufficient to guarantee education activities.
Infrastructure conditions	Sufficient to guarantee education activities.	- 10 m²a student in case of rural regions; 6 m² a student in case of urban and suburban regions. - Average studying and teaching area: 2.5 m² a student.	Sufficient to guarantee education activities.
Personnel conditions	Teachers must have a bachelor degree in upper secondary education or a bachelor degree and a certificate of pedagogical training.	Teachers must have bachelor degrees in upper secondary education.	Having adequate qualified management personnel, teachers and staffs.
Required approvals	- Establishment decision or approval by the Chairman of Province-level People’s Committee; - Education activities approved by the Director of Department of Education and Training.	- Establishment decision or approval by the Chairman of Province-level People’s Committee; - Approval by Minister of Education and Training for ones proposed to establish by foreign diplomatic body or intergovernmental organizations; - Education activities approved by the Director of Department of Education and Training.	- Establishment decision or approval by the Chairman of Province-level People’s Committee; and - Education activities approved by the Director of Department of Education and Training.
University
Financial conditions	Charter capital of no less than VND 250 billion for private universities.	At least VND 150 mil/a student and total capital of VND 300 billion	Investment capital of at least VND 1000 billion for private universities.
Infrastructure conditions	Total area of no less than 5ha and average area per student of at least 25 m² in headquarter.	Average area per student of 25 m².	Total area of headquarter of 5ha and average area per student of 25 m².
Personnel conditions	Having adequate qualified management personnel, teachers and staffs.	Teachers must have bachelor degrees in their respective fields in case of college education and master degrees in case of university education.	Having adequate qualified management personnel, teachers and staffs.
Required approvals	- Establishment decision or approval by the Prime Minister; and - Training activities approved by the Minister of MOET.	- Establishment decision or approval by the Prime Minister; - Training activities approved by the Minister of MOET.	- Establishment decision or approval by the Prime Minister; and - Training activities approved by the Minister of MOET.

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