Conditions for business inoverseas study counseling

Under Article 106.2 of Decree No. 46/2017/ND-CP, business of overseas study counseling includes the following services:

(1) Introducing, advising information on educational policies of countries and territories; advising students to select schools, courses, majors and qualifications that are suitable for theirs abilities and aspirations;

(2) Organizing advertising, conferences, seminars, fairs, exhibitions on overseas study in accordance with law;

(3) Organizing enrollment of students;

(4) Organizing training activities of necessary skills for students going abroad to study;

(5) Taking students abroad to study, and taking theirs parents or guardians to visit overseas training establishments according to the law; and

(6) Performing other activities related to overseas study counseling.
Under Appendix No. 4 of 2014 Law on Investment, the business of overseas study counseling is a conditional one. Therefore, in case a company would like to carry out the mentioned-above services, it shall meet the following conditions:

1. Conditions of material facilities

The law of Vietnam does not have specific regulations on conditions of head office, material facilities and equipment serving overseas study counseling service. However, the company should pay attention to these conditions. Normally, the material facilities of the company should basically satisfy the following requirements:

• Having a long-term agreement on leasing location or a document proving the lawful right to use the location for providing overseas study counseling service; and

• Having necessary material facilities and equipment for overseas study counselling activities, such as meeting rooms, workrooms, reception rooms, tables and chairs, bookshelves, desks, computers, etc. To ensure its operation process, the company should arrange at least a workroom and a reception room.

2. Conditions of staffs

Article 107.3 of Decree No. 46/2017/ND-CP stipulates that “staffs directly advising on overseas study have graduated from an university or higher education, have ability to use at least one foreign language of level 4 or higher according to the 6-level foreign language competence framework in Vietnam or equivalent, and have a certificate of training in overseas study counseling under regulations of Ministry of Education and Training”.

Thus, it can be seen that the law of Vietnam does not provide for the minimum number of staffs directly advising on overseas study. However, the company should build a team of staffs in accordance with its scope of operation and business plans. At the same time, in recruitment process, it should pay attention to select candidates who meet the following conditions:

(1) Having graduated from university or higher;

(2) Having ability to use at least one foreign language of level 4 or higher according to the 6-level foreign language competence framework used for Vietnam and equivalent; and

(3) Having a certificate of training in overseas study counseling

After fully satisfing the mentioned-above conditions, the company shall send applications directly or by post to Department of Education and Training where it provides the overseas study counseling service. The Department shall consider the issuance of a certificate of registration of overseas study counseling service. Within 15 working days after receiving complete and valid applications, the Department shall examine and verify the applications and shall issue the certificate to the company. In case of refusal, it must notify in writing to the company and clearly state reasons for the refusal.

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