What are the conditions for a foreign educational institution to establish a representative office in Vietnam?

What are the conditions for a foreign educational institution to establish a representative office in Vietnam?

Under Article 53 of Decree 86/2018/ND-CP, the conditions for a foreign educational institution to establish a representative office in Vietnam are as follows:

- Have a legal status.

- Have 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.

- Have clear charters, principles and targets.

- Have regulation on organization and operation of the representative office being established in Vietnam that conforms to Vietnam's laws.

- Have a location for the representative office and can ensure security, labor safety and hygiene as prescribed by laws.

What are the conditions for a foreign educational institution to establish a representative office in Vietnam? (Image from the Internet)

What does the application for approval to establish a representative office in Vietnam of a foreign educational institution include?

Under Article 54 of Decree 86/2018/ND-CP, the application for approval to establish a representative office in Vietnam of a foreign educational institution includes:

- An application form for approval to establish a representative office, using form No. 18 in the Appendix of Decree 86/2018/ND-CP.

- A document proving the legal status of the foreign educational institution; a certified true copy or a copy enclosed with an original of the Operation charter, a quality assessment certificate of the foreign educational institution, or a written certificate of quality assurance from a competent agency; a summary report on the establishment and development of the foreign educational institution.

- A draft regulation on the organization and operation of the representative office.

- A letter introducing the manager of the representative office and his/her resume.

The written certificates issued by a foreign competent agency shall be consularly legalized at the Ministry of Foreign Affairs in Vietnam or at the diplomatic mission, consular office or a Vietnamese agency authorized to do consulate works in a foreign country, unless the international agreements to which Vietnam is a signatory prescribed otherwise.

What are the regulations on registration of the operation of a representative office in Vietnam of a foreign educational institution?

According to Article 59 of Decree 86/2018/ND-CP on the registration of the operation of a representative office in Vietnam of a foreign educational institution:

1. Within 20 working days from the date on which the decision on approving the establishment of the representative office takes effect, the educational institution that requested the approval shall complete the operation registration at the Department of Education and Training within the area where the representative office is located.

2. The application documents of the representative office shall include:

- An application form for approval for the establishment of the representative office, using form No.20 in the Appendix of Decree 86/2018/ND-CP.

- A certified true copy or a copy enclosed with an original of the decision on approving the establishment of the representative office, and copies of the application documents already submitted to the Ministry of Education and Training to request for the aforesaid decision.

- The decision on appointing the manager for the representative office and his/ her resume.

- The personnel of the representative office and their resumes.

- Specific location of the representative office and relevant legal documents.

3. Within 10 working days from the date on which the application documents of the representative office are received, the director of the Department of Education and Training shall consider issuing the registration certificate using form No.21 in the Appendix of Decree 86/2018/ND-CP, and shall publicly post the decision on its website. If the director does not issue the registration certificate, the receiving agency shall provide explanation in writing.

4. If the documents are deemed incomplete according to the regulations in clause 2 of this Article, within 05 working days, the receiving agency shall send a written notification in person or by post or via email to the foreign educational institution.