QUESTION: Our company wants to move our study abroad consulting office to another district and at the same time change the company's legal representative. Can you give us detailed instructions on the steps to follow in accordance with the legal process?
Answer:
1. What is the business of studying abroad consulting services?
Overseas education consulting service provision is a conditional investment and business sector stipulated in Appendix IV issued with the Investment Law 2020.
The provision of overseas education consulting services is stipulated in Clause 2, Article 115 of Decree 125/2024/ND-CP regulating the conditions for investment and operation in the latest education sector, replacing Decree 46/2017/ND-CP.
Overseas education consulting services that are provided include:
a) Providing information and advice on education policies adopted by countries and territories; giving advice on selection of schools, courses, disciplines and qualifications relevant to students’ abilities and expectations.
b) Organizing overseas education advertisement, promotion, conferences, seminars, exhibition and fair events according to regulations of law;
c) Organizing enrolment, placement or admission of target overseas students.
d) Organizing necessary skill development classes or sessions intended for Vietnamese citizens wishing to study abroad;
dd) Assisting Vietnamese citizens in going to foreign countries to study and their parents or guardians to visit them in the foreign countries according to regulations of law.
e) Carrying out other activities related to provision of overseas education consulting services.
2. Regarding the authority to change the address and legal representative on the Certificate of Registration for Overseas Education Consulting Service Provision
During the operation process, the overseas education consulting service provider may request the Department of Education and Training to revise, amend or extend the validity period of the certificate of provision of overseas education consulting services
Legal basis: Clause 4, Article 117 of Decree No. 125/2024/ND-CP regulating the conditions for investment and operation in the field of education.
3. The application dossier includes:
a) An application form for issuance of the certificate of provision of overseas education consulting services;
b) A copy of enterprise registration certificate, establishment decision or investment registration certificate;
c) Copies of legal documents proving land use rights and house ownership or agreement on rental of location for the overseas education consulting service provider.
Legal basis: Clause 2, Article 117 of Decree No. 125/2024/ND-CP regulating the conditions for investment and operation in the field of education.
4. Procedures:
a) An organization specified in clause 1 Article 115 of this Decree shall submit an application specified in clause 2 of this Article in person, via online public service portal or by post, to the Department of Education and Training of province where overseas education consulting services are provided.
b) Within 15 days from the date of receipt of the sufficient and satisfactory application, the Department of Education and Training shall organize the assessment and prepare an assessment report to assess the fulfillment of requirements mentioned in Article 116 of this Decree;
c) Within 05 working days from the date of receipt of the assessment report, if the requirements are fulfilled, the Director of the Department of Education and Training shall issue a certificate of provision of overseas education consulting services; if the requirements are not fulfilled, a written notification in which reasons should be clearly specified shall be sent to the applicant.
NOTE: The certificate of provision of overseas education consulting services (according to Form No. 09 Appendix IV enclosed with this Decree) shall be publicly announced on mass media.
Legal basis: Clause 3, Article 117 of Decree 125/2024/ND-CP regulating conditions for investment and operation in the field of education.
