What are the application documents for requesting the termination of operation of the representative office of foreign educational institution in Vietnam?
- What are the functions, duties and powers of a representative office of operation of the representative office of foreign educational institution in Vietnam?
- What are the application documents for requesting the termination of operation of the representative office of foreign educational institution in Vietnam?
- What are the conditions for a foreign educational institution to establish a representative office in Vietnam?
What are the functions, duties and powers of a representative office of operation of the representative office of foreign educational institution in Vietnam?
Pursuant to Article 52 of Decree 86/2018/ND-CP stipulating the functions, tasks and powers of representative office of foreign educational institution in Vietnam as follows:
Functions of representative office of foreign educational institution in Vietnam:
- A representative shall be able to represent the foreign educational institution in Vietnam.
Tasks and powers of representative office of foreign educational institution in Vietnam:
- Contact and boost the cooperation between the educational institution that it represents and the Vietnamese educational institution via promoting the education joint programs and projects.
- Organize exchange activities, consultation, information exchanges, seminars, exhibition of education aiming to introduce the foreign educational institution that it represents.
- Expedite and supervise the process of implementing the agreements on educational cooperation signed with the Vietnamese educational institutions.
- Must not engage in educational activities that directly generate profit in Vietnam and must not establish branches under it.
- Before November 30 every year, the representative office shall send a written report about its operation to the Department of Education and Training within the area where it is located; also, if requested by the competent agency, it shall provide documents and information regarding the relevant problems. The report shall be submitted online or in writing.
- Fulfill other obligations as prescribed by law.
What are the application documents for requesting the termination of operation of the representative office of foreign educational institution in Vietnam?
What are the application documents for requesting the termination of operation of the representative office of foreign educational institution in Vietnam?
Pursuant to Article 61 of Decree 86/2018/ND-CP stipulates as follows:
Terminating the operation of the representative office
1. The person who approves the establishment shall also have authority to terminate the operation of the representative office.
2. The operation of the representative office shall be terminated if:
a. The period specified in the establishment license expires.
b. There is a request from the foreign educational institution that establishes the representative office.
c. The representative office is unable to operate within 06 months from the date on which the first license is issued or within 03 months from the date on which the license is extended.
d. The application documents for approval for the establishment of the representative office are falsified.
dd. The representative office engages in activities in contravention of the license.
e. The representative office violates other laws of Vietnam.
3. Application documents and procedures for requesting the termination of operation of the representative office.
a. An application form for approval for terminating the operation of the representative office, in which there is clear explanation about the termination.
b. A detailed plan for terminating the operation, in which there are clear measures for ensuring the legal rights of the employees; a plan on solving the financial or property problems.
c. Within 20 working days from the date on which the application documents requesting the termination are received, the receiving agency shall consider and make a decision. If the documents are deemed incomplete, within 05 working days from the date on which the documents are received, the receiving agency shall send a written notification in person or by post or via email to the educational institution.
4. If the operation of the representative office must be terminated according to point c, d, dd, and e, clause 2 of this Article, the competent agency shall consider and decide to terminate the operation of the aforesaid office.
5. The decision on terminating the operation shall include clear explanation about such action and the measures for ensuring the legal rights and benefits of the employees, and shall be announced through the mass media.
Accordingly, the Application documents and procedures for requesting the termination of operation of the representative office.
a. An application form for approval for terminating the operation of the representative office, in which there is clear explanation about the termination.
b. A detailed plan for terminating the operation, in which there are clear measures for ensuring the legal rights of the employees; a plan on solving the financial or property problems.
What are the conditions for a foreign educational institution to establish a representative office in Vietnam?
Pursuant to Article 53 of Decree 86/2018/ND-CP stipulating the conditions for a foreign educational institution to establish a representative office in Vietnam as follows:
- Has a legal status.
- Has been operating for at least 05 years in the home country; and has been accredited or recognized for its education quality by a competent agency.
- Has clear charters, principles and targets.
- Has regulation on organization and operation of the representative office being established in Vietnam that conforms to Vietnam's laws.
- Has a location for the representative office and can ensure security, labor safety and hygiene as prescribed by laws.
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