Ha Noi empowered to license foreign-invested universities under Capital Law 2026

Under the 2026 Capital Law, Ha Noi has been granted greater autonomy in higher education and vocational education. A notable new feature is the clear assignment of decision-making authority, accompanied by a consultation mechanism with the Ministry of Education and Training and implementation procedures to be stipulated by the municipal People's Council.

Accordingly, the Chairman of the Ha Noi People's Committee shall be authorized to approve the establishment, merger, division, separation, dissolution and renaming of foreign-invested universities and colleges; grant operating licenses to these institutions and approve training cooperation programs with foreign institutions in the city, following consultation with the Ministry of Education and Training.

To specify the exercise of this authority, the Ha Noi Municipal People's Council issued Resolution No. 15/2026/NQ-HDND on June 2, 2026, setting out the procedures for the establishment, merger, division, separation, dissolution and renaming of institutions, as well as the granting of operating licenses in the fields of higher education and vocational education in the capital.

For foreign-invested universities and colleges, the appraisal of applications must include consultation with the Ministry of Education and Training, as required by law. This constitutes one stage of the appraisal process before the competent authority considers and makes a decision.

Safeguarding learners' rights during institutional restructuring

The resolution requires that the legitimate rights and interests of learners, teachers and employees be safeguarded throughout the restructuring of educational institutions.

In cases involving a merger, division, separation or dissolution, educational institutions must formulate appropriate plans to ensure that learners' studies are not disrupted.

This requirement is particularly significant because decisions to restructure a training institution go beyond changes to its name or management model. Issues relating to curricula, student records, conditions for continuing education and the responsibilities of relevant parties must all be taken into consideration during the process.

The resolution also provides transitional arrangements for applications received before July 1, 2026.

Under Article 18, valid applications for the establishment, operating licenses, division, separation, merger, dissolution or renaming of universities and colleges covered by the resolution that were submitted before its effective date will continue to be processed in accordance with the laws in force at the time of submission.

For institutions that were established or restructured before the resolution took effect but had not yet submitted applications for operating licenses, their subsequent licensing applications must comply with the new regulations./.