Vietnam: Cases of suspension of provision of overseas study counseling services

Specifically, according to Article 109 of Decree No. 46/2017/NĐ-CP of Vietnam’s Government, the overseas study counseling service provider shall be subject to suspension of its operations when one of the following situations occurs:

- It has committed any fraudulent act in order to obtain the certificate of registration of overseas study counseling service business;

- It fails to meet one of the requirements specified in Article 107 hereof;

- It has committed any offense against laws and regulations on education to the extent that it is subject to suspension imposed as an administrative penalty;

- It has leased out or lent the certificate of registration of overseas study counseling service business;

- As otherwise prescribed by laws and regulations.

The suspension of provision of overseas study counseling services shall follow the following steps:

Step 1: Establishing the inspection team

Where it is established that the overseas study counseling service provider has committed one of the violations, the Director of the Department of Education and Training grants a decision to establish the inspection team, organizes inspection activities to determine the severity of violation and makes an inspection report.

Step 2: Issuing the decision on suspension of its overseas study counseling services

Based on the severity of violation, the Director of the Department of Education and Training shall issue the decision on suspension of its overseas study counseling services. The decision to suspend overseas study counseling services must clearly specify reasons for such suspension and duration of suspension, and approaches to ensuring legal rights and benefits of its customers, related organizations or individuals. The decision on suspension of overseas study counseling services must be made known to the public through mass media.

Upon expiration of the duration of suspension, if causes resulting in such suspension have been corrected, the overseas study counseling service provider is required to submit the request form for permission for restoration of its operations to the Department of Education and Training.

Within the maximum duration of 15 business days of receipt of the valid request, the Department of Education and Training shall carry out evaluation of the request, evidencing materials, and conduct field inspection where necessary. If causes resulting in such suspension have been mitigated, the Director of the Department of Education and Training shall issue the decision to grant permission for restoration of educational operations. If stipulated requirements have not been met yet, a written notice must be sent, specify reasons and provide possible solutions.

Nguyen Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE