Granting study abroad consulting certificate in Ho Chi Minh

In recent years, Vietnam has been considered a notable enrollment for global educational organizations, with many outstanding trends of studying abroad in addition to choosing to study at foreign universities. That leads to study abroad consulting centers growing and becoming more popular, especially in big cities like Ho Chi Minh City. Study abroad consulting centers in Ho Chi Minh need to apply for a study abroad consulting certificate at the Department of Education and Training before operating. In this article, Viet An Law will provide legal information about procedures for granting study abroad consulting certificate in Ho Chi Minh.

Legal basis

• Law on Investment 2020;
• Decree 86/2021/ND-CP regulates Vietnamese citizens going abroad to study, teach, do scientific research and academic exchange;
• Decree 46/2017/ND-CP regulates requirements for educational investment and operation, as amended and supplemented by Decree 135/2018/ND-CP.
• Decision 6046/QD-UBND of the People’s Committee of Ho Chi Minh City on announcing the list of administrative procedures within the scope of management functions of the Department of Education and Training.

What is a study abroad consulting certificate?

Study abroad consulting certificate, also known as study abroad consulting service business certificate, is a certificate issued by a competent state agency to organizations providing study abroad consulting services.

According to Clause 1, Article 106 of Decree 46/2017/ND-CP, organizations providing study abroad consulting services include:

• Enterprises are established and operate according to the provisions of the Enterprise Law;
• Public service units with the function of providing study abroad consulting services;
• Foreign educational organizations operating legally in Vietnam.

Study abroad consulting is a conditional business according to the provisions of the Investment Law 2020. Therefore, according to Article 107 of Decree 46/2017/ND-CP, as amended and supplemented by Decree 135/2018/ND-CP, the staff directly advising on studying abroad must have a university degree or higher; can use at least one foreign language at level 4 or higher according to the 6-level Foreign Language Competency Framework for Vietnam and equivalent; Have a certificate of professional training in study abroad consulting according to regulations of the Ministry of Education and Training. For example, when advising on studying abroad in English-speaking countries, consultants must have at least a foreign language certificate of B2 or higher.

Authority to issue study abroad consulting certificate in Ho Chi Minh

According to Clause 1, Article 108 of Decree 46/2017/ND-CP, amended and supplemented by Decree 135/2018/ND-CP, the Director of the Department of Education and Training issues a study abroad consulting certificate for organizations registered to provide study abroad consulting services. Thus, to be granted a Study abroad consulting certificate in Ho Chi Minh, you need to submit documents to the Department of Education and Training of Ho Chi Minh City.

Information from Ho Chi Minh City Department of Education and Training:

• Citizen reception room phone number: (+84) 028 38 229 360
• Email: sgddt@tphcm.gov.vn
• Address: No. 66 – 68 Le Thanh Ton, District 1, Ho Chi Minh City.
• Website: https://edu.hochiminhcity.gov.vn

Dossier

Dossier of the application file for a study abroad consulting certificate in Ho Chi Minh City include:

• Written request for an enterprise registration certificate for study abroad consulting services; with main contents including objectives, activity content; the ability to exploit and develop study abroad services; plans and measures to organize implementation; Solutions when encountering risk problems for people being advised to study abroad;
• A copy issued from the original book, a certified copy from the original or a copy enclosed with the original for comparison of the enterprise registration certificate, establishment decision, or investment registration certificate;
• The list of staff directly advising on studying abroad includes the following main information: Full name, date of birth, gender, professional qualifications, foreign language proficiency, and job position to be undertaken at a study abroad consulting service organization; A copy is issued from the original book, a certified copy from the original or a copy enclosed with the original to compare university diplomas, foreign language certificates, and certificates of professional training in study abroad consulting.
• Power of Attorney for individuals and organizations to carry out procedures.

Procedures for granting a study abroad consulting certificate in Ho Chi Minh

The procedure for granting a Study Abroad Consulting Certificate is specified in Clause 3, Article 108 of Decree 46/2017/ND-CP. This procedure is also specifically guided in Decision 6046/QD-UBND of the People’s Committee of Ho Chi Minh City. As follows:

Step 1: Submit an application for a study abroad consulting certificate.

Organizations providing study abroad consulting services send documents to the Department of Education and Training of Ho Chi Minh City where study abroad consulting services are located.

Formality: In person or by post.

Number of documents: 01 set.

Step 2: The Department of Education and Training receives and processes the application.

Within 15 working days from the date of receiving a complete and valid application, the Director of the Department of Education and Training of Ho Chi Minh City will evaluate the application, verify the authenticity of the documents in the application, and issue a study abroad consulting certificate.

In case the prescribed conditions are not met, notify the study abroad consulting service organization in writing and clearly state the reason.

The result of the administrative procedure is the enterprise registration certificate for study abroad consulting services from the Director of the Department of Education and Training of Ho Chi Minh City.

Note after being granted a Certificate

According to Instruction No. 4409/SGDĐT-GDNCL of the Department of Education and Training of Ho Chi Minh City dated December 15, 2022, after being granted a Certificate, organizations providing study abroad consulting services in the city Ho Chi Minh City need to pay attention to the following obligations:

Regarding implementation study abroad consulting

• It is necessary to deploy study abroad consulting activities at the latest within 45 working days from the date of issuance of the Certificate of business registration for study abroad consulting services according to the provisions of Point b, Clause 2, Article 15 of Decree No. 86/2021/ND-CP.
• When performing the task of studying abroad consulting, it is necessary to combine the dissemination to international students before going to study abroad about the rights and responsibilities of international students while studying abroad according to the provisions of Article 14 of Decree No. 86/2021/ND-CP.

Regarding recruitment and employee management

• Ensure the staff directly advising on studying abroad meets the standards prescribed in Clause 3, Article 107 of Decree No. 46/2017/ND-CP.
• Signing labor contracts, and resolving employee holiday regimes according to the provisions of the Labor Code 2019.
• Implement the social insurance payment regime, and open and close books under the provisions of the Law on Social Insurance No. 58/2014/QH13.
• Register for work permits for foreign workers working at the unit according to the provisions of Decree No. 152/2020/ND-CP (Note on the duration of the work permit and the job title of the employee).

Regarding the implementation of operational status reports

• Use ID and Password to make reports and update unit information on https://quanlyncl.hcm.edu.vn (Note: The Department of Management of non-public educational establishments will provide ID and password to the unit after 07 days from receiving the Certificate of business registration for study abroad consulting services);
• Reporting time: before the 25th of every month.
• During the process of organizing activities, units regularly update data on the page https://quanlyncl.hcm.edu.vn about personnel records; information about international students who have studied abroad; cooperative or enrollment representation agreement; Organized conferences, seminars, fairs, and exhibitions on study abroad consulting activities.

Services related to study abroad consulting by Viet An Law Firm

• Legal advice on conditions, documents, and procedures for granting study abroad consulting permits in Ho Chi Minh City;
• Legal advice on establishing a company to conduct study abroad consulting services;
• Drafting documents and documents to proceed with certificate application procedures at the Hanoi Department of Education and Training;
• Representing customers, conducting procedures at state agencies;
• Consulting on legal issues after being certificated.

If you have questions or need advice on granting study abroad consulting certificate in Ho Chi Minh and other provinces and cities, please contact Viet An Company for the best support.