This Tuesday, the Cuban government granted authorization for childcare as a non-state sector activity while continuing to permit private tutoring under certain restrictions, as outlined in Decree 160. This decree, signed by Prime Minister Manuel Marrero Cruz on July 22, 2026, was published in the Ordinary Official Gazette No. 62.
The decree categorizes childcare as an "authorizable or conditioned activity," meaning it can only be conducted with prior approval, licensing, or certification from the appropriate institution.
Individuals interested in providing childcare services must obtain certification from the Ministry of Education, verifying their qualifications. For those caring for the elderly or people with disabilities, the Ministry of Public Health is responsible for issuing the necessary credentials.
This regulatory framework builds on previous guidelines. In 2024, the Ministry of Public Health's Resolution 245 formalized procedures for this sector, requiring a training certificate. This was in response to a surge in informal private daycare centers due to insufficient state-run childcare facilities.
Private Tutoring Under Restriction
As for private tutoring—which includes language lessons, review services, shorthand, typing, music, and other arts—the decree maintains its legality but imposes a significant restriction: only self-employed individuals can provide these services, and they are not permitted to hire employees for this purpose.
This restriction means that individual tutors cannot expand their operations into a business model or collaborate with others to broaden educational offerings.
Additionally, the decree prohibits all non-state economic actors from offering formal education with official certification or degrees. Private academies are also not allowed, preserving the state's monopoly over formal education on the island.
Decree 160's Broader Implications
Decree 160 replaces Decree 107 from August 2024, which had a uniform list of 125 activities banned for the non-state sector. The new decree takes a step further by distinguishing restrictions based on the type of economic actor involved.
The text of the decree justifies these changes by stating that the "approved Economic and Social Transformations necessitate replacing the homogeneous list with a differentiated regulation by type of economic actor, clearly distinguishing between unauthorized activities, conditioned activities, and authorizable activities."
The decree introduces four categories: absolute prohibition, not authorized for non-state actors, not authorized for self-employed individuals, and authorizable or conditioned activities.
This decree is part of a package of 176 economic transformation measures approved by the National Assembly during an extraordinary session on June 18 and 19, 2026. These measures also include eliminating the cap on 100 workers for small and medium-sized enterprises, allowing multiple property ownership, and opening the door to private banking.
The new regulations will take effect on August 4, 2026, seven days after their publication in the Official Gazette. The Council of Ministers must review the decree at least every two years, based on recommendations from the National Institute of Non-State Economic Actors.
Understanding Cuba's New Childcare and Tutoring Regulations
What are the new regulations for childcare providers in Cuba?
Childcare providers must obtain certification from the Ministry of Education, proving their qualifications to offer such services under the new decree.
Can private tutors in Cuba hire employees under the new decree?
No, private tutors cannot hire employees; they must operate as self-employed individuals without expanding their services into a business model.
What does Decree 160 mean for non-state actors in Cuba?
Decree 160 differentiates regulations by economic actor type, introducing categories like absolute prohibition and conditioned activities, affecting how non-state actors operate.