Foreign-branch rules · Decree 361/2026 and applicable investment legislation
What this means for you
- A foreign branch is different from a joint program hosted by a Vietnamese university. New applications follow Decree 361.
- Check the parent's ranking and quality evidence, premises, investment and staffing conditions before choosing a site or launch date.
- Establishment and permission to operate are separate; stated processing stages are not a guaranteed end-to-end launch time.
- Online activity must stay within the licensed scope. Existing projects and pending applications need their specific transition checked.
Questions about how this applies to your institution? Talk it through with a USVN senior advisor.
The detail
Last verified: 2026-10-22. Not legal advice.
A foreign university branch is a different route from a joint program hosted by a Vietnamese institution and from a domestic branch of an established Vietnamese HEI. For new applications, use Decree 361/2026, effective September 17. Its Article 41(2)(đ) removes listed foreign-HEI/branch provisions of Decree 86 as amended by 124. The earlier VND 500 billion branch baseline and Resolution 23 operating timeline are historical, subject to saved-file transitions. Official signed Decree 361, Articles 19–24 and 41–42.
Establishment conditions
Article 19(3) requires the foreign parent to operate lawfully, hold a top-500 position in a reputable global institutional ranking in one of the previous three years, maintain internal quality assurance and have qualifying current recognition/accreditation. It imports the corresponding foreign-invested private-HEI conditions in Article 19(1). This is not a three-consecutive-year ranking requirement.
Article 19(1) specifies a headquarters of at least five hectares and completed, accepted tangible investment independently audited or valued at at least VND 300 billion at establishment appraisal. For the specified foreign-invested route using leased/existing premises, the completed-investment condition is VND 200 billion, with further payroll and remaining-capital commitments. Qualifying foreign-invested private providers may lease facilities in stable, continuous cycles of at least five years. These are scoped legal conditions, not a complete project budget or an assertion that any ordinary leased office qualifies. Signed text, pages 30–33.
Establishment and operation are separate
Article 4(3) assigns foreign-branch establishment and relevant operating decisions to the Minister of Education and Training. Article 20(3) requires the corresponding establishment dossier and ranking/quality evidence. Article 20(6) includes completeness and interagency steps and a 30-working-day appraisal/decision stage after a complete proper foreign-branch dossier.
Articles 23–24 require a separate operating scope by level, field/program and location, supported by leadership, staff, facilities, resources and quality systems. The operating procedure includes seven working days for an incomplete-information notice and ten working days after the information is established complete/proper. These stages are not an end-to-end launch promise. Article 27 permits revocation of establishment permission where operating conditions are not met within four years. Signed text, Articles 4, 20, 23–24 and 27.
Digital activity remains within licensed fields/levels and legally permitted modes under Article 23(2); a branch label does not authorize unlimited online teaching. Foreign-award recognition separately follows Circular 65/2026, including lawful Vietnamese operation under Article 3(3).
Existing projects and pending applications
Article 42 saves specified valid prior files and permits. Some complete files received between July 1 and September 17 may elect the new route; existing branches have a specified 48-month review transition. Article 42(10) preserves the remaining transition for specified already-operating foreign providers under Decree 124, but bars new recruitment where investment registration was not obtained by the new decree's effective date. Establish the exact filing and permission history before selecting the rule.
Before committing
Map investment/market access, land/premises, establishment, operation, program scope, accreditation, awards, staffing and learner protection. Recommended contract provisions include parent commitments, academic control, financial responsibility, records and funded closure arrangements. A partnership case study is not proof of a licensed US branch campus.
Check investment and land requirements, the full annex conditions and the institution's transition eligibility before proceeding. The September foreign-cooperation draft is a proposal, not permission. Full Policy Library explanation.
For general information only, not legal advice. Confirm requirements with qualified counsel and the relevant Vietnamese authorities before acting.