Establishment of a representative office of a foreign educational institution in Vietnam

Foreign educational institutions and organizations tend to open representative offices in Vietnam to expand markets and seek educational cooperation opportunities with Vietnam. In order to help foreign educational institutions to facilitate legal procedures in the process of establishing a representative office of a foreign company in Vietnam, Viet An Law Firm summarizes the conditions and procedures for establishing representative offices of foreign educational institutions in Vietnam.

Legal basis

• The Law on Investment 2020;
• Decree No. 86/2018/ND-CP stipulating foreign co-operation and investment in education.

Conditions for allowing foreign educational institutions and organizations to establish representative offices in Vietnam

According to the Law on Investment 2020, educational activities and operation of education institutions are belonged to list of conditional business lines. Therefore, conditions for investing in education in Vietnam under formation of establish representative offices have regulated by the specific regime. For detailed:

1. Being legal entities.
2. Having worked in education for at least 5 years in the host country; has been accredited for educational quality or has been recognized by a competent authority for education quality.
3. Having clear charter, principles, and operational goals.
4. Having regulations on organization and operation of the representative officeto be established in Vietnam in accordance with the provisions of Vietnamese law.
5. Having a legal representative office’s headquarter location and ensuring security, order, occupational safety and hegiene as prescribed by law.

Dossier to establish a representative office of a foreign educational institution in Vietnam

1. An application form for permission to establish a representative office;
2. Certified copy with consular legalization of the document proving the legal status of the foreign educational institution or organization;
3. Certified copy with consular legalization or copy enclosed with the original for comparison purposes of the operation charter of the foreign educational institution or organization;
4. Certified copy with consular legalization of the education quality accreditation certificate of the foreign educational institution or papers recognizing the educational quality of a competent agency;
5. Translated summary report on the formation and development of foreign educational institutions and organizations;
6. Translated draft regulations on organization and operation of foreign education representative offices in Vietnam;
7. Translated written appointment of the head of the representative office of the foreign company;
8. Certified translated copy with consular legalization of passport or identification card or citizen ID card (if Vietnamese) or passport copy (if foreigner) of the head of the representative office;
9. Curriculum Vitae of the head of the Representative Office;

Procedures for licensing the establishment of a representative office of a foreign educational institution in Vietnam

1. Foreign educational institutions and organizations requesting permission to establish representative offices in Vietnam shall send 01 set of dossiers to the Ministry of Education and Training.
2. Within 30 working days from the date of receipt of a complete dossier as prescribed, the Ministry of Education and Training shall appraise, consider and decide to allow the establishment of a foreign education representative office. In case the establishment is not allowed, the dossier receiving agency shall reply in writing, clearly stating the reason.

Procedures for operation registration of a representative office of a foreign educational institution in Vietnam

A dossier for operation registration of a foreign education representative office includes:

1. Operation registration form of a foreign education representative office;
2. A certified copy of Decision permitting the establishment of a foreign education representative office;
3. A copy of the dossier of application for a decision on permission to establish a foreign education representative office to the Ministry of Education and Training;
4. Decision to appoint the head of the foreign education representative office and the Curriculum Vitae of she/he;
5. Personnel working at foreign education representative offices and the Curriculum Vitae of each person;
6. Documents on the proposed location of the representative office’s headquarters, including:
   • Certified copy of office lease contract;
   • Notarized copy of the land use right certificate of the lessor (if renting from an enterprise, it is necessary to provide a enterprise registration certificate with the function of real estate business);
   • In addition, the location of the headquarter of the representative office of the foreign company must comply with the provisions of Vietnamese law on security, order, occupational safety and hygiene conditions and other conditions as prescribed by law.

Procedures for operation registration of representative offices in Vietnam

1. Within 20 working days from the date of the decision permitting the establishment of a foreign education representative office, the educational institution or organization that establishes a representative office must carry out procedures for operation registration with the Department of Education and Training where the foreign education representative office is located.
2. Within 10 working days from the date of receipt of the operation registration dossier of the foreign education representative office, the Department of Education and Training shall consider and decide to issue the operation registration certificate and notice on the agency’s web portal. In case of refusal to issue an operation registration certificate, the dossier receiving agency shall reply in writing, clearly stating the reason.

For any information about the establishment of a representative office of foreign traders in Vietnam, please contact Viet An Law Firm for detailed consult.