Legal basis

• Decree No. 46/2017/NĐ-CP dated 21/4/2017 Prescribing regulatory requirements for educational investment and operation.
• Decree No. 135/2018/NĐ-CP dated 04/10/2018 Amending and supplementing the government’s Decree No. 46/2017/NĐ-CP dated April 21, 2017 Prescribing regulatory requirements for educational investment and operation.

1. Overseas study counseling service provider

According to Article 106 Decree No. 46/2017/NĐ-CP dated 21/4/2017, the subject includes:

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

2. Eligibility requirements for the license for overseas study counseling service business

According to Article 107 Decree No. 46/2017/NĐ-CP dated 21/4/2017 amended by Article 2 Decree No. 135/2018/NĐ-CP dated 04/10/2018, regulated:

• Its staff of front desk counselors must hold at least the bachelor’s degree, have a good command of at least a foreign language at the 4th level or more as specified in the 6-level Foreign Language Competency Framework of Vietnam or equivalent, and obtain the certificate of completion of overseas study counseling training course required by the Ministry of Education and Training.

3. Procedures for awarding the certificate of registration of overseas study counseling service business to an overseas study counseling service provider

3.1. Documentation requirements for awarding the certificate of registration of overseas study counseling service business to an overseas study counseling service provider

According to Article 108.2 Decree No. 46/2017/NĐ-CP dated 21/4/2017 amended by Article 1.44 Decree No. 135/2018/NĐ-CP dated 04/10/2018, regulated:

• The application form for the certificate of registration of overseas study counseling service business that describes the following key information such as objectives and details of overseas study counseling services, possibility of provision and development of overseas study counseling services, implementation plan and approaches, measures to deal with possible risks to service customers;
• The duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of the certificate of business registration, the establishment decision or the certificate of investment registration;
• The list of front desk counselors with the following main information: full name, birth date, gender, qualification level, foreign language proficiency, job position; the duplicate copy derived from the original register, the certified duplicate copy derived from the original copy or the duplicate copy with the original copy for verification purposes of a bachelor’s degree, foreign language certificate and certificate of completion of overseas study counseling service course.”

3.2 Application processes for awarding the certificate of registration of overseas study counseling service business to an overseas study counseling service provider

According to Article 108.3 Decree No. 46/2017/NĐ-CP dated 21/4/2017, regulated:

• The overseas study counseling organization sends 01 set of application documents prescribed by Clause 2 of this Article, whether directly or by post, to the Department of Education and Training of the province where its services are provided;
• Within the maximum duration of 15 business days of receipt of all legally required application documents, the Director of the Department of Education and Training evaluates the submitted documentation, verifies accuracy of materials enclosed in the submitted documentation and issues the certificate of registration of overseas study counseling service business. If stipulated requirements have not met yet, a written notice must be sent to the requesting organization and clearly describes reasons.

3.3 Licensing authority for awarding the certificate of registration of overseas study counseling service business to an overseas study counseling service provider

According to Article 108.1 Decree No. 46/2017/NĐ-CP dated 21/4/2017, regulated: The Director of the Department of Education and Training shall have authority to issue the certificate of registration of overseas study counseling service business to an overseas study counseling service provider.