Study abroad consultancy and important adjustments from november 20, 2024

1. What is Study Abroad Consultancy? 

Study abroad consultancy includes the following activities:(1) 

• Providing information and consulting on the educational policies of various countries and territories, assisting with the selection of schools, courses, fields, and educational levels that align with the student’s abilities and aspirations. 
• Organizing advertising, conferences, seminars, fairs, and exhibitions about studying abroad as legally required. 
• Recruiting students for overseas education. 
• Preparing students with essential skills for studying abroad. 
• Organizing overseas study arrangements for Vietnamese citizens and arranging visits for parents or guardians to overseas training institutions, in compliance with regulations. 
• Other related activities concerning study abroad consultancy services. 

Organizations engaging in the above activities must meet the business conditions for study abroad consultancy services before commencing operations. 

2. Can Foreign Investors Establish a Study Abroad Consultancy Company? 

The study abroad consultancy business is classified under “Educational Services,” a conditional sector for foreign market access. According to Decree 46/2017/ND-CP on investment conditions and operations in education, there are no restrictions on foreign investment ratios. 

Therefore, foreign investors may establish a wholly foreign-owned company to operate in study abroad consultancy. 

3. Requirements for Operating a Study Abroad Consultancy 

Organizations providing study abroad consultancy services must have a team of consultants who meet the following requirements: 

3.1 University degree or higher: Consultants need to provide a university graduation certificate and do not need to have graduated in a specific major related to education or study abroad consultancy. 

3.2 Must have the ability to use at least one foreign language at Level 4 or higher according to the 6-level Foreign Language Proficiency Framework used in Vietnam and its equivalent. 

According to Circular 01/20217/TT-BGDĐT, Level 4 proficiency on Vietnam’s 6-level Foreign Language Proficiency Framework corresponds to an intermediate level or a B2 level on the Common European Framework of Reference for Languages (CEFR). 

However, this Circular does not specify the exact scores required for each language at Level 4. Currently, the Ministry of Education and Training has only issued the admission and training regulations for master’s programs under Circular 23/2021/TT-BGDDT, with the following reference table for Level 4 language proficiency equivalency: 

STT	Language	Certificate / Diploma	Level/Score (Equivalent to Level 4)
1.	English	IELTS	5.5 -6.5
		TOEIC (4 kỹ năng)	Listening400-489  Reading:385-454  Speaking: 160-179  Writing: 150-179
2.	French	CIEP/Alliance  francaise  diplomas	TCF: 400-499  DELF B2 Diploma Diplôme de Langue
3.	German	Goethe – Institut	Goethe-Zertifikat B2
		The German  TestDaF language certificate	TestDaF Level 4  (TDN 4)
4.	Chinese	Hanyu Shuiping Kaoshi (HSK)	HSK Level 4
5.	Japanese	Japanese Language Proficiency Test (JLPT)	N3
6.	Russian

Therefore, organizations can base their requirements on the competency framework above by asking consulting teams to provide corresponding language certificates. In practice, based on the experience of Apolat Legal, if the consulting team holds a university degree in a foreign language, they will be exempt from providing the language certificates. 

3.3 Holding a training certificate for study abroad consultancy as per the regulations of the Ministry of Education and Training: the Consultants must participate in a training course to obtain a certificate for study abroad consultancy training in order to equip, update, and provide basic knowledge about educational laws, specialized knowledge, and essential professional skills related to study abroad consultancy services for individuals engaged in study abroad consultancy services and in need of further training to enhance their knowledge and skills in this area. Currently, there are many training institutions in the market that provide and issue this training certificate, so the consulting team can easily find and choose a suitable training provider  

4. Application for Study Abroad Consultancy Business Registration Certificate 

Organizations providing study abroad consultancy services must apply for a Study Abroad Consultancy Business Registration Certificate with the following documents: 

• An application form for the Study Abroad Consultancy Business Registration Certificate, outlining objectives, activities, potential for service development, implementation plans, and risk management measures.

• Copies of the Enterprise Registration Certificate, establishment decision, or investment registration certificate. 

• A list of consultants, including their full names, birthdates, gender, educational qualifications, language proficiency, job positions, and certified copies of university degrees, foreign language certificates, and consultancy certifications.

5. Important Adjustments from November 20, 2024 

On October 5, 2024, the Government issued Decree 125/2024/ND-CP, effective November 20, 2024, replacing Decree 46/2017/ND-CP. This new decree adds specific requirements and clarifies procedures for obtaining the Study Abroad Consultancy Business Registration Certificate. 

5.1 Requirements for Study Abroad Consultancy Businesses(2) 

In addition to the conditions mentioned in Section 3 above, the Government requires that study abroad consulting organizations have a stable operational headquarters, facilities, and equipment to conduct study abroad consultancy activities; introductory documents and information about the educational policies of countries and territories; and information documents about schools, courses, professions, and levels of training. 

In practice, the Department of Education, when conducting the appraisal of applications for certification, also assesses the location, facilities, and requires a description of the educational policies, as well as documentation regarding schools, courses, professions, and levels of training. 

Specifying these conditions helps study abroad consultancy service providers to better prepare, fully meet the requirements, and avoid shortcomings during the actual appraisal process. 

5.2 Application for Study Abroad Consultancy Business Registration Certificate(3) 

Compared to previous regulations, the new decree specifies the content, format, and documentation required, including: 

5.2.1 An application for the issuance of a certificate of registration for study abroad consultancy services (according to Form No. 07 in Appendix IV attached to Decree 125/2024/ND-CP) must include content similar to that specified in Sections 4.1 and 4.3. 

5.2.2 A copy of the Enterprise Registration Certificate, decision on establishment, or investment registration certificate. 

5.2.3 A copy of the legal documents proving land use rights, property ownership rights, or rental contracts for the premises of the study abroad consultancy organization. 

5.3 Validity of the Study Abroad Consultancy Business Registration Certificate 

Certificates issued before November 20, 2024, under Decree 46/2017/ND-CP do not have a specified validity period. However, as of November 20, 2024, newly issued certificates will have a maximum validity of five years, renewable for up to five years each time. Renewals must be requested within six months before the expiration date.(4)

Therefore, organizations that have been issued a certificate of registration for study abroad consultancy services before the effective date of Decree 125/2024/ND-CP, without any specified duration, will have their records reviewed by the Department of Education and Training, which will issue certificates of registration for study abroad consultancy services in accordance with the provisions of Decree 125/2024/ND-CP.(5) 

Thus, to ensure that the process of reissuing the certificate of registration for study abroad consultancy services comply with the regulations set forth in Decree 125/2024/ND-CP, study abroad consultancy organizations should review and assess whether they meet the business conditions for study abroad consultancy services. If they do not, they should promptly address these conditions to avoid disruptions in their operations when the Department of Education and Training conducts reviews, inspections, and requests the submission of documents for reissuing the certificate of registration for study abroad consultancy services 

The above are some key points to help business organizations, especially those preparing to enter the study abroad consultancy sector, gain an overview for effective operational planning. 

(1) Article 106.2 of Decree 46/2017/ND-CP 

(2) Article 116 of Decree 125/2024/ND-CP 

(3) Article 117 of Decree 125/2024/ND-CP 

(4) Article 117.3 of Decree 125/2024/ND-CP 

(5) Article 120.3 of Decree 125/2024/ND-CP 

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