Procedures for awarding the certificate of registration of overseas study counseling service business in Vietnam

What are the procedures for awarding the certificate of registration of overseas study counseling service business in Vietnam? - Thanh Hoa (Binh Duong)

Procedures for awarding the certificate of registration of overseas study counseling service business in Vietnam

Procedures for awarding the certificate of registration of overseas study counseling service business in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who has the right to be overseas study counseling service provider in Vietnam?

According to Clause 1, Article 106 of Decree 46/2017/ND-CP, the overseas study counseling service provider shall include:

- Enterprises that are established and operated under the provisions of the Corporate Law;

- Public service providers that perform its functions of doing the business of overseas study counseling services;

- Foreign education organizations that legally operate within Vietnam.

In which, the overseas study counseling service business shall include:

- Provision of information and advice on educational policies adopted by countries and territories; provision of advice on selection of school, course, discipline and qualification relevant to student’s ability and expectation;

- Organization of overseas study advertisement, promotion, conference, seminar, exhibition and fair events, covered by applicable laws and regulations;

- Organization of enrolment, placement or admission of target overseas students;

- Organization of necessary skill development classes or sessions intended for Vietnamese citizens wishing to study abroad;

- Application for permission awarded to Vietnamese citizens to take study abroad programs, parents or guardians to pay a visit to foreign schools under applicable laws and regulations;

- Activities related to overseas study counseling service business.

(Clause 2, Article 106 of Decree 46/2017/ND-CP)

2. Procedures for awarding the certificate of registration of overseas study counseling service business in Vietnam

2.1. Application for awarding the certificate of registration of overseas study counseling service business in Vietnam

The application documentation for such certificate shall be composed of the followings:

- The application form for the certificate of registration of overseas study counseling service business that describes the following key information such as:

+ Objectives and details of overseas study counseling services,

+ Possibility of provision and development of overseas study counseling services,

+ Implementation plan and approaches,

+ Measures to deal with possible risks to service customers;

- The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the certificate of business registration, the establishment decision or the certificate of investment registration;

- The list of front desk counselors with the following main information:

+ Full name, birth date, gender, qualification level, foreign language proficiency, job position;

+ The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of a bachelor’s degree, foreign language certificate and certificate of completion of overseas study counseling service course.

(Clause 2, Article 108 of Decree 46/2017/ND-CP, as amended by Decree 135/2018/ND-CP)

2.2. Procedures for awarding the certificate of registration of overseas study counseling service business in Vietnam

Pursuant to Clause 3, Article 108 of Decree 46/2017/ND-CP, the procedures for awarding the certificate of registration of overseas study counseling service business in Vietnam includes the following steps:

- Step 1: The overseas study counseling organization sends 01 set of application documents prescribed by Section 2.1, whether directly or by post, to the Department of Education and Training of the province where its services are provided;

- Step 2: Within the maximum duration of 15 business days of receipt of all legally required application documents, the Director of the Department of Education and Training evaluates the submitted documentation, verifies accuracy of materials enclosed in the submitted documentation and issues the certificate of registration of overseas study counseling service business.

If stipulated requirements have not met yet, a written notice must be sent to the requesting organization and clearly describes reasons.

Nguyen Thi Hoai Thuong

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