Legal Regulations on E-Learning Services in Vietnam | The Latest Legal Guidelines by Business Model
Table of Contents
A systematic explanation of the legal requirements for providing e-learning services in Vietnam. A practical guide organizing the latest regulations, permits, and points of caution by type of educational service.
01 - Overview and Classification of E-Learning Services
Since COVID-19, interactive e-learning methods have spread rapidly and have become a common learning method for many students and parents in Vietnam. International cooperation in the education sector is also progressing, and the foundation is being laid for activities such as cross-border remote education and the provision of educational support tools.
However, a clear legal framework specifically governing online classes and remote education in Vietnam remains under development, and the relevant regulations are scattered across multiple legal instruments and have been amended over time.
At present, online education (e-learning) and related services offered in Vietnam can broadly be classified into the following three categories.
02 - Legal Framework for Non-Interactive E-Learning
"Non-interactive e-learning," in which an instructor does not conduct real-time online classes and learners access learning materials independently, is not treated as an "educational service" under current Vietnamese law, because the service provider is not itself engaged in the act of teaching. Depending on the content and format of the materials provided, this falls into one of the following business categories, each subject to different regulations.
Where a company itself creates, publishes, and sells learning materials (books, textbooks, etc.)
This falls under "publication distribution and sales services."
Publishing must be carried out through a licensed publishing house.
A publication permit is required for each individual publication.
Foreign-invested enterprises are not permitted to engage in the direct distribution (wholesale) of publications; only retail sale (e.g., through bookstores or supermarkets) is permitted.
Where a company provides its own recorded lectures, video courses, or other proprietary learning materials
This falls under "goods distribution services."
Such materials are treated as recordings, and because Vietnam has not committed to liberalizing this sector for foreign investors, distribution requires a license, and the distribution channels are also restricted.
Where a company distributes third-party content (by providing a sales platform)
This falls under "e-commerce services."
This is a service that provides a sales platform for enterprises or individuals, and it must comply with Decree No. 52/2013/ND-CP on e-commerce (as amended).
The service provider must register its website or app as an e-commerce trading platform.
Sellers (those selling on the platform) must obtain a retail sales license.
▶ Summary:
Non-interactive e-learning is regulated under publishing and commercial law rather than education law. Service providers must pay attention to restrictions on the content of learning materials (avoiding content contrary to public morals and excluding prohibited information), obligations under e-commerce law, and restrictions on distribution channels; qualifications and conditions specific to the education sector generally do not apply.
03 - Legal Framework for Interactive E-Learning
Interactive e-learning — that is, educational activities conducted in the form of online classes in which the instructor and learners participate simultaneously — is positioned as a form of "education and training activity." At present, there is no single unified law directly governing the opening of online classes; rather, the applicable regulations vary depending on the nature of the educational program and the entity implementing it, and are set out in the relevant education-related legislation.
3.1. Online Classes at Formal Educational Institutions (Primary, Secondary, and Higher Education)
【Legal Basis】
The Ministry of Education and Training (MOET) has issued several circulars permitting the implementation of online classes as a supplementary teaching method at formal schools (primary and secondary schools, continuing education centers, higher education institutions, etc.).
For primary and secondary education, Circular No. 09/2021/TT-BGDDT dated March 30, 2021 serves as the basic legal basis.
This circular regulates the management and operation of online classes at primary, secondary, and continuing education institutions.
Online classes must be consistent with the national education curriculum and must ensure interactivity between teachers and students.
Students are required to participate in online classes, submit assignments, undergo assessment, and communicate with teachers and classmates.
Teachers are obligated to properly conduct classes, distribute assignments, track student progress, and evaluate performance, even in an online setting.
The school principal has the authority to adopt online classes as a formal teaching method, either to supplement regular classes or where students are unable to attend school due to force majeure events such as natural disasters or epidemics.
This circular took effect on May 16, 2021, and is the important legal basis that, for the first time, legally validated online classes in Vietnam's primary and secondary education system.
【Points to Note Regarding Remote Education in Higher Education】
For a higher education institution to implement e-learning (online education leading to the award of a formal degree), it must satisfy conditions such as the following:
Having the technical infrastructure in place for remote education.
Having already conducted regular, in-person education in the relevant major for at least three consecutive terms.
Remote education is not permitted for medical faculties (fields requiring a national qualification) or teacher-training faculties.
The education program must be accredited and issued in accordance with MOET standards.
The institution must have a dedicated department to professionally operate and manage online education, capable of comprehensively managing the entire educational activity, including interaction with instructors, examinations and assessment, and the award of degrees.
Under this framework, it is expected that companies will increasingly encounter new graduates who completed remote education programs, as well as employees who study online while working.
At the same time, while regulation of remote education is strict, there remains a perception that its educational quality does not necessarily match that of in-person education. Accordingly, companies are encouraged to apply additional evaluation criteria when hiring graduates of remote education programs.
3.2. Online Supplementary Tutoring (Supplementing the Formal Curriculum)
Where interactive e-learning is provided outside of school to supplement content based on the formal primary or secondary curriculum (e.g., mathematics, physics, chemistry, English, etc.), this is regarded as online "supplementary tutoring."
On this point, the "Regulations on the Management of Supplementary Tutoring" under Circular No. 17/2012/TT-BGDDT of the Ministry of Education and Training, dated May 16, 2012, serves as the key legal basis applicable to both in-person and online formats.
To prevent abuse of supplementary tutoring activities, this circular imposes restrictions such as the following:
Prohibition on supplementary tutoring for elementary school students
Prohibition on supplementary tutoring for students who already attend two class sessions per day (morning and afternoon)
Students must be grouped by academic level for tutoring purposes
These provisions apply equally to online classes, regardless of the mode of instruction.
Further, under Circular 17/2012 and the regulations of local authorities, teachers who conduct supplementary tutoring (including online) must obtain formal permission (a supplementary tutoring permit).
Accordingly, where an individual or an education center provides online supplementary tutoring based on the formal curriculum, it must obtain a supplementary tutoring permit from the local Department of Education and Training and comply with the various restrictions under the circular.
3.3 Online Provision of Skills and Extracurricular Education
At present, many e-learning providers offer online educational content outside the formal curriculum, covering life skills, foreign languages, exam preparation, arts, and sports. These are classified not as "tutoring" but as "extracurricular educational activities."
On this point, Circular No. 04/2014/TT-BGDDT, "Regulations on the Management of Extracurricular Educational Activities," dated February 28, 2014, serves as the legal basis.
Under this circular, companies or organizations providing skills education or extracurricular activities (e.g., soft skills, arts, physical education, foreign languages, etc.), including in an online format, must satisfy conditions such as the following and obtain permission from the local Department of Education and Training:
The curriculum and teaching materials have been reviewed and approved
Teachers and instructors meet the required qualifications
The infrastructure or technical platform is suitable for learning
Although Circular 04/2014 was enacted with in-person instruction in mind, it is understood, in principle, that internet-based class formats are also covered.
Accordingly, even in an online format, operators of extracurricular educational activities must file notifications and permit applications with the Department of Education and Training (Sở GD&ĐT) corresponding to their location or the location where the classes are conducted.
Conducting such educational activities without the required permit may expose the operator to legal risk as "unlicensed education activity," and particular caution is warranted.
3.4 Legal Framework for the Establishment and Operation of Short-Term Online Education Institutions by Foreign-Invested Enterprises
Many companies offering interactive e-learning provide non-formal educational services aimed at a broad range of learners, such as foreign language, IT, and short-term qualification courses. These activities are classified under education law as "short-term education and training institutions."
Where a domestic or foreign investor establishes a foreign language center, IT center, life-skills training institute, or similar institution, it must satisfy conditions such as the following:
Satisfying requirements relating to teacher qualifications, curriculum, and facilities, and
Obtaining an operating permit from the Department of Education and Training with jurisdiction over the location
However, these regimes generally presuppose the existence of a physical school building or classroom. Where operations are conducted entirely online, clear regulations have not yet been established; in practice, many Departments of Education and Training require, at minimum, that some form of physical location and facilities exist, and recommend a hybrid model combining online classes with an in-person presence.
Where a foreign investor provides short-term e-learning services in Vietnam, Decree No. 86/2018/ND-CP (Decree on Foreign Investment and Cooperation in the Education Sector), promulgated on June 6, 2018, additionally applies.
Under this decree, foreign investors may establish foreign-invested educational institutions in Vietnam (foreign language centers, IT centers, skills training centers, etc.).
However, Decree No. 86/2018/ND-CP does not contemplate an online education model, and imposes requirements that are, in practice, disconnected from this reality, such as the following:
A minimum investment requirement of VND 20 million (approximately USD 1,000) per learner (excluding land costs)
An average building floor area of 2.5 sqm per learner
These conditions pose a significant obstacle for e-learning businesses, which do not require physical classrooms. Accordingly, it is not realistic for a foreign-invested e-learning company to independently establish an educational institution on its own, and in most cases, such companies conduct their activities through business alliances with existing education centers.
As a result, in order to avoid legal and practical risk, many foreign-invested e-learning operators adopt a partnership model with existing educational institutions, thereby working around the facility and capital requirements.
04 - Legal Framework for E-Learning Connection Services
"E-learning connection services" refers to businesses that provide a platform matching learners with educators, without themselves engaging in the act of teaching. Such services are not treated as "educational services" and instead fall under business categories such as the following:
Education support services business
E-commerce platform (an e-commerce function connecting buyers and sellers)
Accordingly, platform operators must complete the registration and satisfy the conditions applicable to these categories. In addition, depending on the target learners and the content of the classes, additional conditions may be imposed on the instructor's side. For example, where a teacher provides classes to elementary, middle, or high school students, a supplementary tutoring permit must be obtained in advance.
05 - Other Points to Note
5.1 Protection of Learner Data
Because e-learning services are provided over the internet, the collection, storage, and processing of learners' personal data (name, age, address, account information, grades, etc.) must comply with data protection and information security laws.
Decree No. 13/2023/ND-CP, effective July 1, 2023, is Vietnam's first comprehensive personal data protection regulation and has a significant impact on e-learning operators.
Key points:
Online service providers must have a lawful basis for processing personal data (the user's consent or a statutory obligation).
Data of children under 16 years of age is subject to special protection, and the consent of both the child (if aged 7 or older) and their guardian is required.
The data controller (the e-learning operator) must verify age and implement measures to protect children.
Users (or their guardians) may withdraw consent, request that processing cease, and request deletion of data.
In addition, the Law on Information Security (2015), the Law on Cybersecurity (2018), and the Law on Protection of Consumers' Rights (2023) also impose obligations regarding the secure handling of personal information. As a result, e-learning platforms are required to establish privacy policies, obtain user consent, and implement appropriate technical security measures.
5.2 Quality Oversight and Administrative Management
Oversight of e-learning quality is exercised by different authorities depending on the mode of provision.
Formal education programs (e.g., university-level remote education) are overseen by the Ministry of Education and Training through curriculum review and educational accreditation.
Example: Circular No. 28/2023/TT-BGDDT requires university-level remote education institutions to establish a department that comprehensively manages instruction, assessment, and the awarding of degrees.
Foreign language and skills education centers (including online) are overseen by the local Department of Education and Training with jurisdiction over their location, which confirms that instruction is conducted in accordance with the license, that appropriate instructors are assigned, and that the curriculum is being followed.
Where violations are found, administrative penalties may be imposed under Decree No. 04/2021/ND-CP.
In addition, the 2023 Law on Protection of Consumers' Rights makes clear that e-learning users are also protected as consumers, imposing obligations on providers to give transparent information, comply with contract terms, and respond to complaints.
The Ministry of Education and Training is currently pursuing the "2022–2025 Education Digital Transformation Plan," aiming for more than 50% of education stakeholders to participate in online education and for approximately 20% of all classes to be conducted online by 2025.
To achieve this goal, further development of the legal and regulatory framework governing educational quality and management standards is expected going forward. E-learning providers should, in addition to complying with current law, remain continuously attentive to new regulatory developments and respond promptly.
06 - List of Related Laws and Regulations (Reference)
Law on Education (Law No. 43/2019/QH14)
Law on Higher Education (2012, amended 2018)
Decree No. 86/2018/ND-CP (on foreign investment in education) and amending Decree No. 124/2024/ND-CP
Circular No. 17/2012/TT-BGDDT (management of supplementary tutoring)
Circular No. 04/2014/TT-BGDDT (management of extracurricular educational activities)
Circular No. 09/2021/TT-BGDDT (online classes at primary and secondary education institutions)
Circular No. 28/2023/TT-BGDDT (university-level remote education regulations)
Decree No. 13/2023/ND-CP (personal data protection)
Decree No. 52/2013/ND-CP and Decree No. 85/2021/ND-CP (e-commerce)
Law on Information Security (2015), Law on Cybersecurity (2018)
Law on Protection of Consumers' Rights (2023)
Vietnam's e-learning market is growing rapidly, and its legal framework is likewise becoming increasingly diversified and detailed. The laws and regulations applicable vary depending on the type of service — in some cases requiring registration as an educational institution, and in others being treated as a commercial service or IT platform. Compliance with surrounding regulations on personal data protection, consumer protection, and educational quality management is also essential.
As the government continues to develop its regulatory framework in anticipation of the further spread of digital education, e-learning operators are expected to gain a firm understanding of current law, maintain strict compliance, and build a flexible and sustainable operating structure.