Dossier of permit for establishment of foreign capital preschool education institution in Vietnam

According to the development trend of the economy, preschool children are increasingly cared for and cared for. The first educational environment of children is also the foundation for their physical, psychological and intellectual development that is of interest to society. Recently, foreign capital preschool education have also attracted a lot of investors.

However, this is a conditional investment field, investors must ensure the conditions in accordance with Decree 86/2018/ND-CP dated June 6, 2018. In the following, Viet An Law would like to provide a legal opinion on the dossier of permission to establish a foreign capital preschool education institution as follows:

Legal basis

• WTO Schedule of Commitments
• Investment Law 2020
• Enterprise Law 2020
• The 2014 Education Law and the 2009 Amended Law
• Decree 86/2018/ND-CP regulates foreign cooperation and investment in the field of education.

Conditions for allowing the establishment of preschool education institution

• Procedures for application for investment registration certificate and enterprise registration certificate for preschool education institution have been carried out, refer to the procedures in article
• Having investment capital, facilities, equipment, educational programs, teachers meeting the regulations referring to the conditions in the article
• There are regulations on organization and operation of the educational institution.

The order of permission for establishment

The permission to establish preschool education institution with foreign investment shall comply with the following order:

• Issuance of investment registration certificates;
• Grant of a decision authorizing the establishment;
• Grant permission for educational activities and announce on the licensing authority’s website.

Dossier of application for permission to establish a preschool education institution in Vietnam

A dossier of permission for the establishment of a preschool education institution includes:

• An application for permission to establish an educational institution in the prescribed form
• Certified copy or copy enclosed with the original for comparison of the investment registration certificate  ;
• The scheme for the establishment of educational institution according to regulations;
• A certified copy or a copy enclosed with the original for comparison of the written approval for land lease  of the People’s Committee of the  province in case of  construction of facilities (clearly defining the address, area and boundary marker of the land) or agreement on the principle of leasing existing facilities in accordance with regulations and the relevant legal documents;
• Plan on facilities of the educational institution or investment project on construction of facilities, including explanation and detailed design of the educational institution;
• Documents proving financial capacity at the prescribed level.

Dossier of permission for educational activities in Vietnam

A dossier of permission for educational activities includes:

• Application for registration of educational activities in the prescribed form
• A certified copy or a copy enclosed with the original for comparison of the decision permitting the establishment of a foreign capital educational institution; certified copy or copy enclosed with the original for comparison of the Investment Registration Certificate and the Enterprise Registration Certificate for foreign capital short-term training and retraining institution.
• Regulations on organization and operation of educational institution.
• Report on the progress of investment projects, capital contribution, loans, total investment capital implemented.
• A report explaining whether the educational institution or its branch has met the prescribed contents, and enclosed:
• List of rectors (directors), vice rectors (deputy directors), heads of faculties, departments, departments and chief accountants. For a dossier of application for a license for educational activities of a branch of a higher education institution, it is necessary to supplement the list of officials in charge of the branch and its structure and organizational apparatus;
• List and personal resumes of staff, teachers and lecturers (organic, visiting lecturers);
• Description of education level, training level, training discipline;
• Curricula, teaching plans, learning materials, catalogs of textbooks and key references;
• Subjects of enrollment, regulations and time of enrollment;
• Training regulations;
• Scale of training (pupils, students, trainees);
• Regulations on tuition fees and related fees;
• Regulations on examination, evaluation and recognition of completion of subject programs, modules and training levels;
• Samples of diplomas and certificates will be used.

Competence to authorize the establishment and operation in Vietnam

The Director of provincial-level education and training departments shall permit educational activities for preschool education institution.

Services of establishing foreign capital company of Viet An Law Firm

• Advising on conditions for establishing a foreign capital company: capital contribution ratio of foreign investors in Vietnam; business conditions for trades; project implementation location; note the procedures before and after the establishment of a foreign capital company;
• Advising on choosing the right type of company for investors: Limited company or joint stock company;
• Advising on opening a capital transfer account, capital contribution duration;
• Consulting and guiding investors to prepare necessary documents to establish a foreign capital company;
• Advising and drafting company establishment documents for investors;
• Representing investors to work with competent state agencies of Vietnam in the process of carrying out company establishment procedures for investors (Application for Investment Registration Certificate, Business Registration Certificate, Business License,  License according to specialized requirements,  make legal entity seals, procedures after company establishment,…;

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