Study abroad consulting is a widely developing activity and study abroad consulting centers are growing stronger with a variety of consulting services, helping students save time by shortening the process of finding scholarships, preparing documents, carrying out financial proof procedures, etc. So how to establish a study abroad consulting center and when an enterprise has been obtained necessary license, what activities can be carried out within the scope of this permit? Let’s explore the current legal regulations related to this issue with NPLaw.
I. Is it difficult to establish a study abroad consulting center?
Currently, the regulations for setting up a study abroad consulting center are not as stringent as before, making it easier to open such a center.
- What is the current state of study abroad consulting services?
Study abroad consulting is currently one of the hottest industries because the Vietnamese economy is growing rapidly, leading to an increasing demand for knowledge, and studying abroad becomes a popular opition, especially among students and their parents who are concerned about their children’s education path.
- What is the business of study abroad consulting service?
It involves providing advice and guidance on studying abroad for those in need, through activities permitted by laws related to study abroad consulting services.
II. Who can establish a study abroad consulting center?
According to Clause 1 Article 106 of Decree No. 46/2017/ND-CP, organizations providing study abroad consulting services include:
- Enterprises established and operating under the Enterprise Law;
- Public service units with functions in study abroad consulting services;
- Foreign educational organisations legally operating in Vietnam.
III. Conditions for establishing a study abroad consulting center
Based on Article 2 of Decree No. 135/2018/ND-CP, which abolishes Clauses 1 and 2 of Article 107 of Decree No. 46/2017/ND-CP, the current law has removed the first two conditions for establishing a consulting center, which are:
- The organization providing study abroad consulting services must be established in accordance with the law.
- Having a head office, facilities, and equipment to serve its study abroad consulting service activities.
Thus, according to Clause 3 Article 107 Decree No. 46/2017/ND-CP, to establish a study abroad consulting center, only one professional condition remains:
- The staff directly consulting on studying abroad must have a university degree or higher; have the ability to use at least one foreign language from level 4 or higher according to Vietnamese 6-level Foreign Language Competency Framework and equivalent; have a certificate of training in study abroad consulting according to the regulations of the Ministry of Education and Training.
However, during the licensing process, the competent authority, the Department of Education and Training will establish a team that regularly goes to the facilities to assess the eligibility of the facilities for business activities. At least there must be a specific office at the time the assessment team assesses the eligibility for operation.
IV. What does study abroad consulting include?
According to Clause 2 Article 106 Decree No. 46/2017/ND-CP, the business of study abroad consulting services includes:
- Introducing and advising on the education policies of various countries and regions; advising on choosing schools, courses, majors, and levels suitable to student’s capabilities and aspirations;
- Organizing advertisements, conferences, seminars, fairs, and exhibitions about study abroad according to legal regulations;
- Organizing recruitment for study abroad;
- Organizing necessary skills training for Vietnamese citizens studying abroad;
- Arranging for Vietnamese citizens to study abroad and accompaning parents or guardians to visit training places abroad according to legal regulations;
- Other activities related to study abroad consulting service. Enterprises in this field are only allowed to conduct the specified activites.
V. Procedures for establishing a study abroad consulting center
1. Dossier
According to Clause 2 Article 108 of Decree No. 46/2017/ND-CP, amended by Clause 44 Article 1 of Decree No. 135/2018/ND-CP, dossier for establishing a study abroad consulting center inclues:
- A written request for a business registration certificate for study abroad consulting services, detailing the objectives, activities, ability to develop and exploit overseas study services; plan and methods for handling potential risks for clients;
- 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;
- A list of directly study abroad consulting staff, including name, date of birth, gender, professional qualifications, foreign language proficiency, and job position at the consulting organisation; along with copies of university degrees, language certificates and study abroad consulting training certificates.
2. Procedure
Step 1: Submit the application
Study abroad consulting service providers submit 01 dossier directly or by mail to the Department of Education and Training where the study abroad consulting service is operated.
Step 2: Application review and processing
The Director of the Department of Education and Training will assess the application, verify the authenticity of the documents, and issues a business registration certificate for study abroad consulting services.
- If conditions are not met, a written notice with reasons will be sent to the consulting organisation.
- If conditions are fully met, the consulting organisation will be granted the business license.
Step 3: Receive the result
Processing time: 15 days from the receipt of a valid application.
Thus, the procedure to open a study abroad consulting center is not too complicated. Individuals and organizations can prepare the application themselves or authorize specialized units to handle it.
Note: During operation, the study abroad consulting organization must request the Department of Education and Training to adjust or supplement the business registration certificate as needed, following the same procedure.
VI. Frequently asked questions about establishing a study abroad consulting center
1. How much capital is needed to establish a study abroad consulting center?
Currently, there is no need to deposit 500,000,000 VND as before, simply establish a company with the business activity “study abroad consulting services” and pay business license tax based on the registered capital.
2. Can I establish a study abroad consulting center with only myself as the owner and manager without hiring staff?
According to Article 2 of Decree No. 135/2018/ND-CP and Clause 3 Article 107 of Decree No. 46/2017/ND-CP, to establish a study abroad consulting center, there is only a professional requirement, specifically:
- Staff number: at least 2 staffs;
- Have a university degree or higher;
- Have a language certificate level 4 or higher according to Vietnamese 6-level Foreign Language Competency Framework and equivalent.
3. Is there a penalty for renting or lending business registration certificates for study abroad consulting service?
According point d Clause 1, Article 109 of Decree No. 46/2017/ND-CP, a study abroad consulting organization will be suspended form study abroad consulting services if it rents or lends its business registration certificate.
VII. Consultancy services for establishing a study abroad consulting center
Above is all the detailed information provided by NPLaw to help investors who intend to operate in the study abroad consulting sector prepare for obtaining the necessary operating licenses. If you have any questions related to this issue or any other legal matters, please contact NPLaw for advice and guidance.
Additionally, NPLaw offers services related to setting up a study abroad consulting center, including: procedural advice, execution of the procedures to establish the center, preparation of complete and thorough application documents, submission of applications to the relevant authorities, accompaniment during the application review and on-site assessment, and receipt and delivery of the results after the establishment procedures are completed.
