Decree 125 of the Government dated 5 October 2024 (Decree 125/2024) introduces updated regulations for the education sector, including a requirement that a license must be obtained for establishing "other centres performing continuing education tasks" (trung tâm khác thực hiện nhiệm vụ giáo dục thường xuyên in Vietnamese and in the rest of this article, Other Continuing Education Centres). Crucially, the education law fails to clearly define these centres, creating significant ambiguity for education service providers, particularly those centres teaching K-12 subjects (e.g., math, literature).

First, the Education Law 2019 and Decree 125/2024 lack an explicit definition of Other Continuing Education Centres. Interpreting relevant provisions of the Education Law 2019, it appears that Other Continuing Education Centres are centres providing:

Educational programs meeting learner needs, updating knowledge/skills, or involving technology transfer (Chương trình giáo dục đáp ứng yêu cầu của người học; cập nhật kiến thức, kỹ năng, chuyển giao công nghệ in Vietnamese). These programs potentially encompass many tutoring services, including those centres mentioned previously.
Training programs enhancing professional capabilities (Chương trình đào tạo, bồi dưỡng nâng cao năng lực nghề nghiệp in Vietnamese).

Second, such interpretation still leaves lots of room for ambiguity because the program descriptions remain broad. Furthermore, specific guidance detailing the programs described in point 2 above is currently lacking. While the Ministry of Education and Training (MOET) issued Circular 18/2024 detailing specific programs under point 1 above, ambiguity still persists as it remains unclear whether the centres teaching those programs fitting the general program description in point 1 above, yet not explicitly listed in Circular 18/2024, still require the licence. This is because Article 42.2 of Decree 125/2024 lists out centres teaching foreign languages and IT as examples of Other Continuing Education Centres – despite these subjects not being explicitly mentioned in Circular 18/2024.

This post is written by Ha Thanh Phuc based on research provided by Le Thanh Nhat.

Vietnam Business Law