Foreign education representative offices in Vietnam are experiencing rapid growth, driven by the increasing demand for international education among Vietnamese citizens. What are the legal regulations governing this issue? Let's explore this topic in the following article.
I. Current Status of Foreign Education Representative Offices in Vietnam
Foreign education representative offices in Vietnam are a type of foreign educational institution established to carry out activities such as educational promotion, training, admissions counseling, and support for Vietnamese students studying abroad.
According to statistics from the Ministry of Education and Training, as of December 31, 2022, there were a total of 1,200 foreign education representative offices in Vietnam, an increase of 20% compared to 2021. Among these, representative offices of foreign universities accounted for the majority, with 800 entities.
The increase in the number of foreign education representative offices in Vietnam has contributed to promoting educational cooperation between Vietnam and other countries in the world, creating opportunities for Vietnamese students to access advanced education abroad.
II. Legal Regulations on Foreign Education Representative Offices in Vietnam
The legal regulations on foreign education representative office in Vietnam are as follows:
1. What is Foreign Education Representative Offices in Vietnam?
Foreign education representative offices in Vietnam are a type of foreign education organization established in Vietnam to promote education and training, provide study abroad counseling and support Vietnamese students and scholars studying abroad
2. Conditions for Establishing Foreign Education Representative Offices in Vietnam
According to Article 53 of Decree 86/2018/ND-CP, the conditions for foreign educational institutions to establish representative offices in Vietnam are as follows:
- Possession of legal entity status.
- A minimum of 5 years of educational operation in the home country, having undergone educational quality accreditation or recognition by competent authorities regarding educational quality.
- Clear bylaws, missions, and objectives of operation.
- An organizational and operational charter for the proposed representative office in Vietnam that complies with Vietnamese law.
- A legal location for the representative office that ensures security, order, and occupational safety and hygiene in accordance with legal regulations.
3. Application Documents for Establishing a Foreign Education Representative Office in Vietnam
According to Clause 1 of Article 54 of Decree 86/2018/NĐ-CP, the application dossier includes the following documents:
- Application for permission to establish a representative office in accordance with Form No. 18 attached to the Appendix issued with this Decree;
- Documents proving the legal status of the foreign educational organization; certified copies or copies attached to the original for verification of the Charter of operation of the foreign educational organization; certificate of accreditation of educational quality of the foreign educational institution or documents of recognition of educational quality by the competent authority; summary report on the formation and development of the foreign educational organization;
-Draft regulations on the organization and operation of the foreign education representative office in Vietnam;
- Introduction of the personnel to be the head of the foreign education representative office in Vietnam and the personal history of the introduced person.
III. Frequently Asked Questions about Foreign Education Representative Offices in Vietnam
1. Who is authorized to grant permission to establish a foreign education representative office in Vietnam?
According to Article 57 of Decree 86/2018/NĐ-CP, the authority related to the establishment and operation of the Representative Office is as follows: The Minister of Education and Training shall grant, extend, modify, and supplement decisions to permit the establishment of representative offices of foreign educational organizations in Vietnam.
2. How to register the operation of a foreign education representative office in Vietnam?
The application for registration of operation of a foreign education representative office in Vietnam is Form No. 20 prescribed in the Appendix issued with Decree 86/2018/NĐ-CP. Here is an image of the Application Form for Registration of Operation of a Foreign Education Representative Office in Vietnam:
3. In which cases does a foreign education representative office in Vietnam cease operation?
According to Clause 2 of Article 61 of Decree 86/2018/NĐ-CP, the representative office shall cease operation in the following cases:
- The expiration of the term specified in the decision granting permission for establishment;
- At the request of the foreign educational organization that established the representative office;
- The decision granting permission for establishment is revoked due to non-operation within 6 months from the date of first issuance or 3 months from the date of extension;
- Fraud is discovered in the dossier requesting permission to establish a foreign education representative office;
- There are activities contrary to the content of the decision granting permission for establishment;
- Violation of other provisions of Vietnamese law.
4. Within what period must an extension of the decision granting permission to establish a foreign education representative office in Vietnam be made?
According to Clause 3 of Article 60 of Decree 86/2018/NĐ-CP issued by the Prime Minister on cooperation and investment of foreigners in the field of education, this issue is regulated as follows:
The extension of the decision granting permission to establish a foreign education representative office must be made within 6 months before the expiration of the decision granting permission for establishment.
Thus, within 6 months before the expiration of the decision granting permission for establishment, the foreign educational organization must proceed with the extension of the decision granting permission for establishment of the foreign education representative office.
The above is information about foreign education representative offices in Vietnam. To be supported and learn about the laws and regulations of foreign education representative offices in Vietnam, you can contact NPLaw to be advised by a team of experienced lawyers and legal professionals.
