Conditions, procedures for granting study abroad consulting licenses

The Investment Law 2020 recognizes the business of providing study abroad consulting services as a conditional business sector.

1. Legal Basis

• Decree 46/2017/ND-CP dated April 21, 2017, of the Government stipulating investment and operation conditions in the education sector;
• Decree 135/2018/ND-CP amending Decree 46/2017/ND-CP stipulating investment and operation conditions in the education sector;
• Decision No. 05/2013/QD-TTg dated January 15, 2013, of the Prime Minister regulating Vietnamese citizens studying abroad;
• Circular No. 10/2014/TT-BGDĐT dated April 11, 2014, of the Minister of Education and Training promulgating regulations on the management of Vietnamese citizens studying abroad.

2. Conditions for operating a study abroad consulting service business

2.1. Conditions regarding business form

Organizations permitted to operate study abroad consulting services include:

• Enterprises established and operating under Vietnamese law;
• Public service units with functions to operate study abroad consulting services;
• Foreign educational organizations operating legally in Vietnam.

2.2. Conditions regarding personnel

The qualifications of the direct study abroad consulting staff, specifically: having a university degree or higher; capable of using at least one foreign language at level 4 or higher according to the Six-level Foreign Language Proficiency Framework for Vietnam and equivalents; holding a certificate of professional training in study abroad consulting as regulated by the Ministry of Education and Training.

Thus, according to current regulations, the conditions for operating a study abroad consulting service business have removed the requirements for escrow deposits and the qualifications of the head of the study abroad consulting business organization.

3. Process for operating a study abroad consulting service business

Step 1: Company establishment

Before applying for a study abroad consulting license, the enterprise must register to establish a company, which must include registering the following business line: 8650 – Educational support services. Specifically: Study abroad consulting services.

Currently, the procedure for enterprise registration at the Department of Finance is quite quick, taking only 3-5 days for the enterprise to complete all procedures.

Step 2: Procedure for obtaining a certificate of eligibility for study abroad consulting services

Application for a certificate of eligibility for study abroad consulting services

• Business Registration Certificate (notarized copy);
• Personnel records include:
• For direct study abroad consultants: Curriculum vitae confirmed by the commune/ward, notarized copy of ID card; notarized copy of university diploma; notarized copy of foreign language certificate corresponding to the study abroad consulting market, minimum level 4 in the six-level foreign language framework, notarized copy of professional consulting training certificate; (at least 2 personnel should be available)
• For other personnel: Curriculum vitae confirmed by the commune/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 on facilities: House lease contract, notarized copy of land use rights certificate, address must meet fire prevention and fighting conditions.

Implementation process for obtaining a study abroad license

• The study abroad consulting service business organization submits 01 set of documents directly or by mail to the Department of Education and Training where the study abroad consulting service is operated;
• Within 15 working days from the date of receipt of complete and valid documents, the Director of the Department of Education and Training appraises the documents, verifies the authenticity of the documents, and issues the certificate of eligibility for study abroad consulting services; if the conditions are not met, the study abroad consulting service organization will be notified in writing with a clear explanation of the reasons.

Note on study abroad license application: Enterprises should pay attention to the foreign language certificate of the direct consultant, which must correspond to the market they will consult for. For example, for English-speaking countries, the foreign language certificate must be at least B2 or higher.

4. Some frequently asked questions related to study abroad consulting services