Establish overseas study consultation enterprise in Vietnam

Overseas study consultation service is a conditional business line as regulated in the Law No. 03/2016/QH14 on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines. To establish an enterprise and run your business in this field, the enterprise shall get some certificates and licenses lawfully. To give our clients a hand, Viet An Law Firm collect and list some regulations on overseas study consultation as follows:

Conditions for the Certificate of overseas study consultation services:

The Certificate of overseas study consultation services shall be granted if the enterprise meets the following conditions:

• Be established in accordance with the law;
• Have head-office, facilities and equipment which meet the operation of overseas study consultation services;
• Have sufficient financial capacity to ensure the settlement of the cases of risk; have a minimum deposit of 500.000.000 VND (five hundred million dong) in a commercial bank;
• The head of the organization and the staff directly give advice on overseas study must have a university degree or higher, fluent in at least one foreign language and have the Certificate of overseas study consultation profession training (granted by the Ministry of Education and Training).

Dossier for the Certificate of overseas study consultation services operation registration:

• Written request for a certificate (using provided form in Decision No. 05/2013/QĐ-TTg);
• Operation scheme which is verified by the legal representative. Main contents should be included are: objectives, operation contents, facilities, financial capacity, background and capacity of the head and consultation staff, ability to exploit and develop overseas study services abroad, feasibility study on the performance of the organization, implementation plan, implementation measures; plans, processes of overseas study consultation services; plans of settlement upon problem of risk;
• Valid copy of Business Certificate or Establishment Decision or License of Investment;
• Resume of the head, which is verified by competent authority (using provided form in Decision No. 05/2013/QĐ-TTg);
• List of resume of staffs directly give advice on overseas study. Some main information are: full name, date of birth, gender, qualifications, foreign language, position…;
• Copies of Certificate of overseas study consultation profession training of the head and staffs directly give advice on overseas study.

Procedures should be followed:

• Submit the dossier at the Service of Education and Training where the head-office is located;
• Within 25 working days after receiving a complete and valid dossier, the Service of Education and Training shall issue the Certificate of overseas study consultation. If the agency refuse, an written respond which provides explanation shall be issued.

After being granted the Certificate of overseas study consultation, investors shall establish an enterprise to actually run their business.

Dossier for establishment of an enterprise includes:

• A written request for enterprise establishment;
• Company’s charter;
• The list of members/shareholders;
• Notarized copies of identity cards, passports of members/shareholders;
• Power of attorney (for Viet An Law Firm to act on behalf of clients).

Dossier shall be submitted at the Business Registry Office where the head-office is located.

Services of Viet An Law Firm concerning to overseas study consultation:

• Consult about enterprise’s name and check the availability (free) to make sure the intended name is complied with the law on intellectual property and the law on enterprise;
• Consult about the location of the head-office, capital of the enterprise;
• Consult about conditions and dossiers for the Certificate of overseas study consultation;
• Consult about tax law, accounting during the operation of the enterprise;
• Consult about legal matter which may incurred after establishing the enterprise;
• Prepare the dossier for establishment of enterprise;
• Represent for clients to perform procedures at the authorized agencies;
• Support clients in legal fields after establishing the enterprise.

For more information, please feel free to contact Viet An Law Firm!