Study Abroad Consulting License Service in Vietnam

The Study Abroad Consulting License or, as terminology, the Certificate of Study Abroad Consulting Business is a license required to meet the condition of “study abroad consulting services” – a conditional business line under Vietnam Investment Law 2020. The procedure to apply for this License is conducted at the Department of Education and Training according to the provisions of specialized laws. In the article below, Viet An Law will inform you about the service of applying for a Study Abroad Consulting License Service in Vietnam according to the latest current regulations.

Legal basis of business study abroad consulting business in Vietnam

Conditions for the business of study abroad consulting services are governed by a decree guiding implementation within the scope of regulation of the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs, specifically:

• Scope of management of the Ministry of Education and Training: Decree 46/2017/ND-CP regulating investment and operating conditions in the field of education, amended and supplemented by Decree 135/2018/ND-CP.
• The concurrent management scope of the Ministry of Labor, Invalids and Social Affairs: Decree 86/2021/ND-CP regulates Vietnamese citizens going abroad to study, teach, do scientific research, and exchange. academic change.

What activities does the study abroad consulting service include?

According to Article 106.2 of Decree 46/2017/ND-CP, organizations providing study abroad consulting services will carry out activities within the following scope:

• Introducing and consulting information on educational policies of countries and territories; Consulting on choosing schools, courses, occupations, and qualifications suitable to the learner’s abilities and aspirations;
• Organize advertising, conferences, seminars, fairs, and exhibitions on studying abroad under the law;
• Organizing student recruitment and admission to study abroad;
• Organize necessary skills training for Vietnamese citizens to study abroad;
• Organize sending Vietnamese citizens abroad to study, take parents or guardians to visit training places abroad according to the provisions of law;
• Other activities related to study abroad consulting service business.

Business conditions for study abroad consulting services

As a conditional business line according to the provisions of the Investment Law 2020, businesses wishing to conduct study abroad consulting services business must carry out registration procedures for granting a business license of study abroad consulting services at a competent agency following specialized laws on education before conducting operations.

To meet licensing conditions as prescribed by law, businesses need to meet the regulations in Articles 106 and 107 of Decree 46/2017/ND-CP (updated) as follows:

Conditions on the business form

Organizations licensed to provide study abroad consulting services include:

• Enterprises that are established and operated under the provisions of the Vietnam Enterprise Law;
• Public service providers that perform their functions of doing the business of overseas study counseling services;
• Foreign education organizations that legally operate within Vietnam.

Conditions on personnel

Qualifications of the staff directly advising on studying abroad, specifically: have a qualified university degree or higher; Have the ability to use at least one foreign language at level 4 or higher according to the 6-level Foreign Language Competency Framework for Vietnam or equivalent (minimum foreign language certificate (B2 or higher) and equivalent; Have a certificate of professional training in study abroad consulting according to regulations of the Ministry of Education and Training.

Thus, according to current regulations, the conditions for the business of study abroad consulting services have omitted the condition on deposits and the conditions on qualifications of the head of the organization providing study abroad consulting services as well as regulations on physical conditions of organizations providing study abroad consulting services.

Business process of study abroad consulting services

Step 1: Establish a company

• For foreign investors, before applying to establish a company, they need to carry out procedures to apply for an investment registration certificate in the consulting industry to meet the same business conditions as domestic investors.
• Investors​ must establish a company before applying for a license, including registering the following business lines: 8560 – Educational support services. Details: Study abroad consulting service.
• Currently, the procedure for registering a business at the Department of Planning and Investment is quite quick, with businesses able to complete all procedures in just 6-8 working days.

Step 2: Submit an application for Certificate of study abroad consulting service business

Organizations providing study abroad consulting services send directly /through the Public Service Portal/by post 01 set of documents to the Department of Education and Training where study abroad consulting services are located.

Step 3: Granting study abroad consulting license

• Time limit: 15 working days from the date of receipt of complete and valid documents
• Implementing entity: Director of the Department of Education and Training
• Processing process: appraising the application, verifying the authenticity of the documents in the application, and issuing a business registration certificate for study abroad consulting services. If 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 Certificate of business registration for study abroad consulting services from the Director of the Department of Education and Training of the province/centrally run city.

Prepared documents for a study abroad consulting License

According to Clause 2, Article 108 of Decree 46/2017/ND-CP amended and supplemented by Decree 135/2018/ND-CP, the Clients dossier needs to be prepared as follows:

• Legal documents: Enterprise registration certificate (notarized copy or copy with original for comparison), or establishment decision or investment registration certificate;
• Personnel profile includes:
  • For those directly consulting on studying abroad: Curriculum vitae certified by the commune and ward, notarized copy of ID card; Notarized copy of University Degree; Notarized copy of foreign language certificate corresponding to the study abroad consulting market, at least level 4 in the 6-level foreign language framework, notarized copy of certificate of consulting professional training; (should have a minimum of 2 personnel)
  • For other personnel: Curriculum vitae certified by the commune and ward, notarized copy of ID card; Labor contract.
• Information on the study abroad consulting market (partners) includes Cooperation agreements and legal documents of foreign training institutions.
• Information about facilities: Lease agreement, land use rights documents.

When using the services of Viet An Law, we will draft a complete set of documents according to the provisions of the law based on the information and documents provided by the Clients.

Notes on the application for License

• Businesses should note that the foreign language certificate of the person directly consulting must correspond to the market where they will be consulting. For example, for countries that use English, the minimum foreign language certificate is B2 or higher.
• Submitted documents must be notarized copies, copies issued from the master register, or copies accompanied by the original for comparison.
• Currently, there are no regulations on fees for granting study abroad consulting permits. Thus, when applying for a study abroad consulting permit, there is no need to pay a fee.

Some questions related to study abroad consulting license service in Vietnam

Can individuals and business households conduct business in study abroad consulting services?

According to the law, enterprises established and operating under the provisions of Vietnamese law are allowed to conduct business in study abroad consulting services. Therefore, individuals and business households are not allowed to provide study abroad consulting services.

Does the director of a study abroad consulting company have to have a certificate of professional training in study abroad consulting?

In case the company director does not participate in the study abroad consulting team, no qualifications are required. In case the company director participates in the company’s study abroad consulting team, he must have a certificate of professional training in study abroad consulting according to the regulations of the Ministry of Education and Training.

Does studying abroad consulting service business require a deposit?

According to current legal regulations, the business of study abroad consulting services does not require a deposit.

What is the validity period of the business certificate for study abroad consulting services?

The Certificate of Study Abroad Consulting Services Business has an operating term of 5 years from the date of issuance. When the 5-year period expires or there are adjustments or additions to operations, you must register to extend the operating period or make adjustments or additions, if any.

How to search for a study abroad consulting license?

To look up the License, you can use the website: https://www.hanoi.edu.vn or https://tuvanduhoc.icd.edu.vn. Please refer to related articles on our website or contact Viet An Law directly for detailed instructions.

After being licensed, does the company have to perform any further obligations?

After being granted a License, organizations providing study abroad consulting services need to carry out study abroad consulting activities no later than 45 working days from the date of issuance of the Certificate of registration of consulting services business. Study abroad consultation according to the provisions of Article 15 of Decree No. 86/2021/ND-CP.

License Service in Vietnam of Viet An Law Firm

• Company establishment services, tax accounting after establishment;
• Intellectual property representative registers trademarks and copyrights for businesses;
• Services for applying for work permits for foreign workers;
• Consulting on conditions, drafting documents and information, representing businesses to carry out procedures for submitting applications for study abroad consulting permits;
• Consulting on procedures for applying for certificates of professional training in study abroad consulting;
• Consulting on legal procedures after being granted a Study Abroad Consulting License;
• Consulting on legal issues arising related to the business’s study abroad consulting activities.

For detailed information about the Study Abroad Consulting License Service in Vietnam, please contact Viet An Law Firm for the fastest and best consulting support.