Studying abroad is a dream for many Vietnamese students today. So, what are the requirements for enterprises providing study abroad consulting services?
Decree No. 135/2018/ND-CP and Decree No. 46/2017/ND-CP have been repealed (no longer effective). Currently, a new regulation – Decree No. 125/2024/ND-CP on investment and operational conditions in the field of education – takes effect on November 20, 2024.
This article shares the conditions for providing study abroad consulting services and the dossier for obtaining a Certificate of Registration of Study Abroad Consulting Services. There is an important note if you intend to prepare the dossier by yourself. Of course, you can read the law directly, but this sharing will save you both time and money – worth even a hundred-dollar legal consultation ><
👉 Here’s the point: The section on dossier components does not list documents regarding consulting staff, nor does it emphasize premises or materials, while the conditions section does. Therefore, to ensure your dossier is complete and valid upon submission, you must COMBINE the requirements under Article 116 and Article 117: facility and personnel conditions together with dossier components. The former “Project Proposal” is now replaced by a “Request Form.”
Article 116. Conditions for providing study abroad consulting services
1. Having a stable head office, facilities, and equipment to carry out study abroad consulting activities; materials introducing and providing information about education policies of countries and territories; and materials providing information about schools, courses, disciplines, and levels of training.
2. Having a team of staff directly engaged in study abroad consulting who meet the following requirements:
a) Hold a university degree or higher; be competent in using at least one foreign language at Level 4 or higher according to the 6-level Foreign Language Proficiency Framework for Vietnam or equivalent;
b) Possess a certificate of training in study abroad consulting as prescribed.
Article 117. Procedures for obtaining a Certificate of Registration of Study Abroad Consulting Services
1. The Director of the Department of Education and Training shall decide on the issuance of the Certificate of Registration of Study Abroad Consulting Services.
2. The dossier includes:
a) An application form for the Certificate of Registration of Study Abroad Consulting Services (Form No. 07, Appendix IV attached to this Decree);
b) A copy of the Enterprise Registration Certificate, Establishment Decision, or Investment Registration Certificate;
c) A copy of legal documents proving land use rights, ownership of premises, or lease contract for the business location of the study abroad consulting service provider.
3. Implementation procedure:
a) The organization specified in Clause 1, Article 115 of this Decree submits one (01) dossier as prescribed in Clause 2 of this Article via the online public service portal, postal service, or directly to the Department of Education and Training where the consulting service is operated;
b) Within 15 days from receipt of a complete and valid dossier, the Department of Education and Training shall conduct appraisal, prepare an appraisal report, and assess compliance with the conditions stipulated in Article 116 of this Decree;
c) Within 05 working days from the date of the appraisal report, if conditions are met, the Director of the Department of Education and Training shall issue the Certificate of Registration of Study Abroad Consulting Services; if conditions are not met, a written notice stating reasons shall be issued.
The Certificate of Registration of Study Abroad Consulting Services (Form No. 09, Appendix IV attached to this Decree) shall be publicly announced through mass media.
The certificate shall be valid for no more than five (05) years and may be extended, each extension not exceeding five (05) years. Renewal must be conducted within six (06) months prior to the certificate’s expiration.
4. During operation, organizations providing study abroad consulting services may request the Department of Education and Training to amend, supplement, or extend their Certificate of Registration. The dossier and procedures for amendment, supplementation, or extension shall comply with Clause 2 and Clause 3 of this Article.
The above sets out the legal framework for obtaining a license to operate study abroad consulting services.
Additionally, there are other relevant regulations you should pay attention to.
Organizations Engaged in Study Abroad Consulting Services
1. Organizations engaged in study abroad consulting services include:
a) Enterprises and branches of enterprises established and operating in accordance with the Law on Enterprises;
b) Public service units with the function of providing study abroad consulting services;
c) Foreign educational institutions lawfully operating in Vietnam.
2. Study abroad consulting services include:
a) Providing information and consultation on education policies of countries and territories; advising on the choice of schools, courses, disciplines, and levels of study suitable to learners’ capabilities and aspirations;
b) Organizing advertisements, conferences, seminars, fairs, and exhibitions on overseas study in accordance with the law;
c) Organizing enrollment and recruitment for overseas study;
d) Providing training in necessary skills for Vietnamese citizens to study abroad;
đ) Organizing the placement of Vietnamese citizens to study abroad, as well as arranging for parents or guardians to visit overseas training institutions in accordance with the law;
e) Other activities related to the provision of study abroad consulting services.
(Article 115)
Suspension of Study Abroad Consulting Services
1. An organization providing study abroad consulting services shall be suspended from operation if it falls under any of the following cases:
a) Committing fraud to obtain the Certificate of Registration of Study Abroad Consulting Services;
b) Failing to maintain the conditions stipulated in Article 116 of this Decree during its operation;
c) Committing violations of education law subject to administrative sanctions at the level of suspension;
d) Leasing or lending the Certificate of Registration of Study Abroad Consulting Services;
đ) Failing to fulfill the responsibilities of an organization providing study abroad consulting services as prescribed;
e) Other cases as provided by law.
2. The Director of the Department of Education and Training shall decide on the suspension of study abroad consulting services.
3. Procedures:
a) Upon detecting violations specified in Clause 1 of this Article, the Director of the Department of Education and Training shall establish an inspection team; conduct an inspection and assessment of the level of violation; prepare an inspection report; and notify the organization of the violation;
b) Within 10 days from the date of notification of the violation, based on the seriousness of the violation, the Director of the Department of Education and Training shall decide on the suspension of study abroad consulting services. The suspension decision (Form No. 08, Appendix IV attached to this Decree) shall be publicly announced via mass media;
c) During the suspension period, if the cause leading to the suspension is remedied, the organization shall notify in writing, with supporting evidence, the Director of the Department of Education and Training. Within 07 working days from receipt of such notification, the Director shall decide to permit the organization to resume operations and publicly announce the decision via mass media.
(Article 118)
Revocation of the Certificate of Registration of Study Abroad Consulting Services
1. The Director of the Department of Education and Training shall decide on the revocation of the Certificate of Registration of Study Abroad Consulting Services.
2. The Certificate shall be revoked in any of the following cases:
a) The organization terminates its operation in accordance with law;
b) The organization continues to operate during the suspension period;
c) Upon expiry of the suspension period, the organization fails to remedy the cause leading to the suspension;
d) Other cases as provided by law.
3. Procedures:
a) Upon detecting any violation under Clause 2 of this Article, the Director of the Department of Education and Training shall establish an inspection team; conduct inspection and assessment of the violation; prepare an inspection report; and notify the organization of the violation;
b) Within 10 days from the date of notification, based on the seriousness of the violation, the Director of the Department of Education and Training shall consider revoking the Certificate of Registration of Study Abroad Consulting Services.
(Article 119 of Decree No. 125/2024/ND-CP)
