New regulations on investment conditions and operations in the education sector pursuant to Decree No. 125/2024/ND-CP

On October 5, 2024, the Government issued Decree No. 125/2024/ND-CP, which prescribes the conditions for investment and operation in the education sector. This Decree replaces Decree No. 46/2017/ND-CP dated April 21, 2017, which previously governed the conditions for investment and operation in the education sector (as amended and supplemented by Decree No. 135/2018/ND-CP dated October 4, 2018).

Decree No. 125/2024/ND-CP shall enter into force on November 20, 2024.

Key provisions of this Decree include:

1. Conditions for the establishment of Public Kindergartens or for permitting the establishment of Private Kindergartens (Article 3):

– There must be a plan for the establishment or permission to establish a kindergarten that aligns with the provincial planning and related planning of the locality where the kindergarten is located.

– The plan must clearly define the objectives, tasks, curriculum, and educational content; land, facilities, equipment, and the proposed location for the construction of the school; organizational structure; resources and finance; and the strategic orientation for the construction and development of the kindergarten.

2. Conditions for the Operation of Preschool Educational Institutions (as stipulated in Article 5):

To be permitted to operate as a preschool educational institution, the following conditions must be met:

– The institution must possess land, facilities, equipment, supplies, and toys that meet the minimum standards for location, scale, area, and physical infrastructure for preschools as prescribed by the Ministry of Education and Training.

In the inner city areas of special-class cities, the required land area may be substituted with the building floor area, provided that the building floor area is not less than the minimum average land area per child as prescribed.

– The institution must have a curriculum, materials, and teaching aids that meet the requirements of the preschool education program as prescribed by the Ministry of Education and Training.

– The institution must have a sufficient number of administrators, teachers, staff, and workers who meet the required qualifications to organize activities for nurturing, caring for, and educating children, in accordance with the requirements of the preschool education program as prescribed by the Ministry of Education and Training.

– The institution must have sufficient financial resources to ensure the maintenance and development of educational activities:

+ For private preschools, the minimum investment is 30 million đồng per child (excluding land use costs). The total minimum investment is calculated based on the highest projected capacity. The investment plan must align with the projected scale of each phase.

In cases where a private preschool does not construct new facilities but instead leases or uses existing facilities to provide nurturing, care, and education for children, the minimum investment must be at least 70% of the investment level prescribed in point a of this clause.

+ For public and private preschools, financial resources shall be ensured by the competent management authority or the local community to meet the requirements of the preschool education program as prescribed.

– The institution must have its own organizational regulations and operational procedures.

3. Conditions for the establishment of Independent Preschools (as defined in Article 10):

– It must have a suitable location and the minimum required facilities, equipment, toys, and teaching materials that comply with the preschool education program as prescribed by the Ministry of Education and Training.

– It must have an education plan, materials and curriculum that meet the requirements of the preschool education program as prescribed by the Ministry of Education and Training.

– It must have a sufficient number of qualified administrators, teachers, staff, and workers who meet the standards set by the Ministry of Education and Training to organize activities for nurturing, caring for, and educating children in accordance with the requirements of the preschool education program.

– The size of each class within the independent preschool must comply with the regulations of the Ministry of Education and Training.

4. Conditions for the establishment of a public primary school or the granting of permission to establish a private primary school (as stipulated in Article 15):

– There must be a project for the establishment or granting of permission to establish a primary school that is consistent with the provincial planning and other relevant local plans where the school is located.

– The project must clearly define the objectives, tasks, curriculum, and content of primary education; the land, facilities, equipment, and proposed site for the school; the organizational structure; resources and finances; and the strategic direction for the construction and development of the school.

5. Conditions for the Operation of Primary Schools (as stipulated in Article 17):

– The school must possess land, facilities, and equipment that meet the minimum standards for location, scale, area, and physical infrastructure for primary schools as prescribed by the Ministry of Education and Training.

For urban areas in special-class cities, the required land area may be replaced by the built-up floor area, provided that the built-up floor area is not less than the minimum average floor area per student as prescribed.

– The school must have a curriculum and teaching materials that meet the requirements of the national primary education program as prescribed by the Ministry of Education and Training.

– The school must have a sufficient number of qualified administrators, teachers, staff, and workers to organize educational activities that meet the requirements of the national primary education program as prescribed by the Ministry of Education and Training.

– The school must have sufficient financial resources to ensure the sustainability and development of its educational activities:

+ For private primary schools, the minimum investment must be 50 million VND per student (excluding land use costs). The total investment must be calculated based on the highest projected capacity, but not less than 50 billion VND. The investment plan must be commensurate with the projected scale of each phase.

If a private primary school does not construct new facilities but instead leases or uses existing facilities, the minimum investment must be at least 70% of the investment level prescribed in subparagraph a above.

+ For public primary schools, the competent authority shall be responsible for ensuring the financial resources to meet the requirements of the primary education program.

– The school must have its own organizational regulations and operational procedures.

6. Conditions for other Educational Institutions to Implement Primary Education Programs (as stipulated in Article 22):

– The institution must have a team of administrators and teachers who meet the qualifications required to implement a primary education program.

– Classrooms must comply with safety standards and hygiene regulations for both teachers and students. The institution must also ensure that students with disabilities are accessible to the facilities, as required by the Ministry of Education and Training.

– The institution must have appropriate teaching equipment, materials and curriculum to implement the primary education program.

7. Conditions for the establishment of Public or Privately-Funded Secondary Schools and High Schools as stipulated in Article 25:

– There must be a project proposal for the establishment or authorization to establish a school that aligns with the provincial planning and relevant local planning of the locality where the school is situated.

– The proposal must clearly define the objectives, tasks, curriculum, and educational content; the land, physical facilities, equipment, and planned location for school construction; the organizational structure; resources and finances; and the strategic direction for the school’s development.