After the Covid-19 pandemic has settled down, many countries are coming up with plans to accommodate and co-exist with the disease in the long run, leading to various changes in career paths, potential sectors and other policies on education and job selection all over the world. Amid such circumstances, the demand for overseas education consultancy of Vietnamese students and their parents has dramatically increased, especially when intentions of studying abroad have had to be delayed for over 02 years due to complications of the disease. In order to meet the market demand, countless enterprises have started to provide overseas education consultancy services. Within the scope of this article, the author will provide the individuals and organizations concerned with information on the method of participation and operation as well as some noteworthy points when providing overseas education consultancy services.
According to the current provisions of law, the scope of overseas education consultancy services includes the following activities:
- Providing information and advice on educational policies adopted by countries and territories; providing advice on the selection of school, course, discipline and qualification relevant to the student’s abilities and expectations;
- Organizing overseas study advertisement, promotion, conference, seminar, exhibition and fair events in accordance with provisions of law;
- Organizing enrolment, admission for studying abroad;
- Organizing necessary skill development classes for Vietnamese citizens wishing to study abroad;
- Arranging for Vietnamese citizens to go abroad for education, arranging for parents or guardians to visit the training establishments in accordance with provisions of law;
- Other activities relating to the provision of overseas education consultancy services.
Therefore, when individuals and organizations want to provide any or all the services listed above, they are considered to be operating in overseas education consultancy services. In that case, these individuals and organizations have to satisfy some conditions as prescribed by law to provide these services. Among such conditions, the establishment of an enterprise operating lawfully in accordance with the Law on Enterprises is a prerequisite. Furthermore, enterprises must also satisfy the general conditions to provide these services and apply for necessary licenses.
Enterprises are allowed to provide overseas education consultancy services when meeting all the following requirements:
- The staff directly giving consultation on overseas education must satisfy certain conditions, including:
+ Having a university degree or higher;
+ Having a good command of a foreign language at the 4th level or higher according to the 6-level Foreign language competency framework used in Vietnam (Circular No. 01/2014/TT-BGDDT) and the equivalent;
+ Having a certificate of completion of an overseas education consultancy training course as required by the Ministry of Education and Training.
In which, the participation in the overseas education consultancy training course is conducted as guided in Circular No. 29/2013/TT-BGDĐT of the Ministry of Education and Training. A participant shall be issued with a Certificate of completion of the overseas education consultancy training course if they attain a final examination score as required.
- In the past, according to Decree No. 46/2017/ND-CP (still in effect), enterprises operating in overseas education consultancy must also meet other requirements on the head office, facility and equipment serving the provision of consulting services on studying abroad. However, currently, such requirements have been omitted by Article 2 of Decree No. 135/2018/ND-CP. This omission is considered a step forward in expanding the policies and offering more market entry opportunities in this field for a lot of enterprises.
- Moreover, despite not being clearly stated by law, enterprises should take into account the registration and/or supplementation of relevant business lines to operate and conduct business activities in the most convenient way possible. For instance, the business line of Education Assisting Services (classification code of 8560) is one of the business lines the enterprises have to register.
In addition, when having satisfied with all the above requirements, enterprises shall apply for the Business Registration Certificate of overseas education consultancy at the Department of Education and Training where the enterprises provide consulting services on studying abroad. The Director of the Department of Education and Training will issue the enterprises with the Business Registration Certificates of overseas education consultancy after 15 business days from the day of receiving sufficient and valid files. During the process of operation, if there is any modification or supplementation to the Business Registration Certificate of overseas education consultancy, the enterprises shall proceed to amend or supplement according to the procedures and protocols for re-issuing the Business Registration Certificates of overseas education consultancy.
Listed above are the general provisions on basic requirements, prerequisites and some noteworthy issues for an individual or organization to enter into the market and operate in overseas education consultancy in the fastest, most efficient way.
Disclaimer: This article is for general information only and is not a substitute for legal advice. Apolat Legal is a Vietnamese law firm with experience and capacity to advise on matters related to Legal Retainer. Please click here to learn more about our services and contact our lawyers in Vietnam for advice via email info@apolatlegal.com.
