Vietnam’s education sector is entering a new regulatory era. On December 10, 2025, the National Assembly adopted a series of new and amended laws in the field of education, including the 2025 Law on Vocational Education, the 2025 Law on Higher Education, and the amended Law on Education No. 123/2025/QH15 (Amended Law on Education). These laws together took effect on January 1, 2026, marking a significant reform of Vietnam’s legal framework governing the education sector.

The legislative package introduces a new lawmaking approach under which foundational and principle-based provisions are codified in the Amended Law on Education, while the Law on Higher Education and the Law on Vocational Education serve as specialized statutes providing supplementary, sector-specific regulatory detail tailored to their respective subsectors.

The Amended Law on Education fundamentally restructures how educational institutions are established, governed, and licensed, with direct implications for private investors, foreign-invested entities, and education service providers operating in Vietnam. Below are several highlights of the key changes under the amended law, especially in the private sector, that stakeholders should understand:

Change in the National Education System

In addition to primary education, lower secondary (junior high school) education is now compulsory in Vietnam. Accordingly, diplomas are no longer awarded upon completion of lower secondary school but only for upper education levels.

The national education system is also expanded through the introduction of vocational high school as a new level of vocational education. Such reform creates additional learning pathways that not only enable learners to pursue both further education and participate in the labor market, but also better align education and training with socioeconomic development needs.

New Hurdle for Joint Investors: Mandatory Corporate Entity Requirement

Where two or more investors jointly establish an education institution, the investors are no longer permitted to directly establish such an institution. Instead, they must first establish an economic organization (e.g., a company established under the Investment Law and Enterprise Law)  and let such economic organization establish the education institution.

In practice, this means that joint investors wishing to establish a private school would now need to first incorporate a company in Vietnam before applying for the school establishment licenses and operation permits. This additional procedural step may increase lead times and costs for new education projects. A single investor, however, retains the option of either forming an economic organization or directly establishing the institution.

School Councils Removed from Public Institution Governance

Under the Amended Law on Education, the school council is no longer part of the governance structure of public educational institutions. However, it continues to exist as a governing body in private educational institutions.

Delegation of Licensing Authority

The prime minister is no longer responsible for licensing the establishment of educational institutions. Instead, the licensing authority has been delegated to specialized authorities within the government (including the Ministry of Education and Training (MOET), the Ministry of National Defense, and the Ministry of Public Security) and local governments (including People’s Committees at the provincial and ward levels). In addition, the former licensing authority of the prime minister in granting establishment decisions to higher education institutions is now delegated to the MOET.

Moreover, as part of Vietnam’s broader administrative reform restructuring local government from a three-tier system to a two-tier system (abolishing the district level), certain licensing functions previously handled at the district level have shifted to ward-level People’s Committees. The licensing authority for granting educational permission to educational institutions will be further regulated in detail by the government.

Recognition of Educational Support Personnel

The Amended Law on Education formally recognizes “educational support personnel” in educational institutions,  defined as individuals holding professional or technical positions that are not classified as teachers, as well as operational support positions and other roles consistent with the organizational structure of the educational institution.

At higher education institutions, educational support personnel additionally include three specific categories:

• Teaching assistants, who serve in a preparatory position for lecturers and support lecturers in teaching activities;
• Researchers, who carry out scientific research, technology development, and innovation activities, and support lecturers and students in practical training, laboratory work, and other research activities;
• Teaching support personnel, who assist lecturers in practical training, laboratory work, and other professional activities.

Other personnel in education activities include vocational trainers, who provide teaching and practical training at enterprises or cooperatives for the implementation of vocational education programs

Notably, these new classifications may affect how institutions calculate staffing ratios for accreditation purposes and could have labor and employment implications for personnel contracts—particularly regarding benefits, allowances, and compliance with workforce planning requirements.

Outlook

The Amended Law on Education reflects the government’s continued efforts to modernize the governance framework of the education sector and streamline regulatory procedures to enhance flexibility in the establishment and operation of educational institutions.

For the private education sector, these developments may create greater opportunities for investment and cooperation, particularly a more diversified education system. The introduction of vocational high schools and the recognition of educational support personnel may also contribute to improving the quality and responsiveness of education services.

Investors and education providers should closely monitor forthcoming implementing regulations, to ensure full implementation and compliance with the new and amended laws in the fields of education.