Reference situation:

Some graduates majoring in English would like to establish a foreign language center in Hanoi. They would like to consult lawyers about the necessary procedures and conditions for opening and operating this center.

Legal grounds

1. Decree No. 46/2017/ND-CP on investment business conditions in educational activities
2. Decree No. 135/2018/ND-CP on amendment and addition to Decree No. 46/2017/ND-CP on investment business conditions in educational activities.
3. Circular No. 21/2018/TT-BGDDT on promulgation of regulation on organization and operation of foreign language and information technology center.

Our legal advice:

The following problems should be paid attention to when a foreign language center is opened and operated:

1. Conditions for operation of a foreign language center

According to clause 21 Article 1 Decree No. 135/2018/ND-CP, the center must satisfy the following conditions:

• Having managers, teachers, staff eligible for the operation requirement of the center
• Having facilities, equipment, programs, teaching materials, and funding sources eligible for education quality under the development plan and operation scale, of the center

In particular, according to Article 6 and Article 18 of Circular No. 21/2018/TT-BGDDT, the directors and teachers of the center must eligible for the following requirements:

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a) Requirements for the director of the center:

• Having a good record
• Having management ability
• Graduating from a foreign language university, or another university but having a foreign language certificate at level 3 or higher, under 6 – level Vietnam’s language proficiency framework or under otherwise equivalent
• Having experience in educational activities

b) Requirements for teachers:

– Vietnamese teachers must meet one of the following requirements:

• Having a pedagogical college degree or higher in a foreign language; or
• Having a college degree or higher in a foreign language and a pedagogical certificate.

– Native foreign teachers teaching their native language: having a college degree or higher and a suitable foreign language teaching certificate.

– Foreign teachers teaching a foreign language other than their native language: must meet one of the following requirements:

• Having a pedagogical college degree or higher in the foreign language;
• Having a college degree or higher in a foreign language and a pedagogical certificate; or
• Having a college degree or higher, a foreign language certificate at level 5 or higher under 6-level Vietnam’s language proficiency framework or a suitable foreign language teaching certificate.

2. Procedures for the establishment of a foreign language center

2.1. Procedures for the establishment of a foreign language center

According to clause 20 Article 1 of Decree No. 135/2018/ND-CP, the establishment of a foreign language center will be performed as follows:

• Licensing authority: Hanoi Department of Training and Education

• Necessary documents:

– A proposal for the establishment of the center

– A scheme for the establishment of the center, which include the following content: the center’s name, the center’s location, legal eligibility for the center’s establishment; objectives of the center;  teaching program and training scale; facilities of the center; organization of the center; and curriculum vitae of the person expected to be the Director of the center.

– A draft of the operation rule of the center

• Sequence:

– Step 1: Submitting a set of the necessary documents, as shown above, to the Hanoi Department of Training and Education

– Step 2: The Department will check the documents within 10 working days from the date of receipt of valid documents

– Step 3: Within 05 working days, The Department approves of the establishment of the center; if the Department does not approve, the Department will issue a notification in writing stating the reasons.

• Achieved results: A decision on the establishment of the foreign language center

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2.2. Procedures for the operation of a foreign language center

• Licensing authority: Hanoi Department Training and Education

• Necessary documents:

– A proposal for the educational operation

– A copy of the decision on the establishment of the center, issued by Hanoi Department Training and Education, which was certified by a notary office or by a commune People’s Committee or attached with its original for reconciliation ;

– The operation rule of the center;

– A report on facilities, equipment, teaching program, teaching materials; managers, teachers; proof of location use; and funding sources.

• Sequence:

– Step 1: The center submits a set of the documents, as shown above, to Hanoi Department of Training and Education

– Step 2: The Department will check the validity and sufficiency of the documents within 05 working days, and will notify the center about required amendment and addition to the documents (if any)

– Step 3: Within 10 working days, the Department will work with relevant state agencies to examine the legal eligibility of the center and record the results.

– Step 4: Within 5 working days, from the date on which the results of the examination are recorded, the Department will approve of the educational operation of the center. If the department disapprove of this, the Department will issue a notification stating the reasons.

• Achieved results: A certificate of educational operation 

Please click here to refer to the procedures for the operation of a foreign language center.