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Establishment of a foreign-invested study abroad counseling company
Conditions for doing business in study abroad counseling services
Pursuant to Decree 46 in 2017 of the Government, study abroad counseling is a conditional business. Therefore, enterprises that want to do business in this industry need to carry out procedures for granting a certificate of business registration for study abroad counseling services.
At the same time, according to the provisions of Clause 1, Article 8 of the Law on Enterprises 2020, enterprises are obliged to fully meet the conditions for business investment when conducting conditional business sectors; business sectors with conditional market access for foreign investors, and make sure to maintain such conditions throughout the course of business operations.
Conditions for Educational Counsellor:
- Have a university degree or higher;
- Capable of using at least one foreign language at level 4 or higher according to the 6-level Foreign Language Competency Framework for Vietnam and equivalent;
- Possess a certificate of professional training in study abroad counseling services as prescribed by the Ministry of Education and Training.
Procedures for setting up a foreign-invested study abroad counseling company
Step 1: Carry out the procedures for applying for an Investment Registration Certificate (IRC) for an investment project;
Step 2: Carry out the procedures for applying for an Enterprise Registration Certificate (ERC);
Step 3: Carry out the procedures to apply for the Certificate of registration of study abroad counseling Service.
Dossier to establish a foreign-invested study abroad counseling company
About the application for the Investment Registration Certificate
Documents:
- A written request for implementation of an investment project;
- Investment project proposal document
- An explanation of the Investor’s financial capacity;
- An explanation of satisfaction of investment conditions for foreign investors;
- Decision of the Investor (for the Investor being an organization);
- Power of Attorney in case of authorizing a third party to represent investment registration procedures;
Documents provided by Investor:
*General documents:
- A certified copy of the location lease contract or the agreement in principle of the location lease contract for project implementation;
- A certified copy of the investment certificate or the enterprise registration certificate of the lessor – for the Investor being an organization (with real estate business);
- A certified copy of the Construction Permit;
- A certified copy of the certificate of land use rights (for the rental location is a house);
*Documents specific to investors being foreign organizations:
- Consular legalization of Decision, establishment certificate of foreign organizations and enterprises;
- Consular legalization of the Investor’s last 2 years audited financial statement or Confirmation of bank account balance of the foreign investor to prove financial capacity;
- Certified copy of the passport of the legal representative and the representative managing the contributed capital of the foreign investor;
*Separate documents for investors being foreign individuals:
- Certified copy of investor’s passport;
- Notarized translation of Confirmation of Investor’s Bank account balance to prove financial capacity.
About the application for the Enterprise Registration Certificate
Documents to be drafted:
- Business registration application form;
- Company regulations;
- List of members (for limited liability companies with two or more members); List of founding shareholders (for Joint Stock Company);
- Decision of the Investor (for the Investor being an organization);
- List of authorized representatives (for institutional investors);
- Power of attorney in case of authorizing a third party to represent the business registration procedure;
Documents provided by Investor:
General documents:
- Certified copy of Investment Registration Certificate;
- Certified copy of the citizen’s identity card or passport of the legal representative of the company to be established;
Documents specific to institutional investors:
- Consular legalization of Decision, establishment certificate of foreign organizations and enterprises;
- Certified copy of the passport of the legal representative and the representative managing the contributed capital of the foreign investor;
Separate documents for investors being foreign individuals:
- Certified copy of the passport of the member / shareholder contributing capital to the establishment of an enterprise being a foreign investor
About the application for the Certificate of registration of study abroad counseling Service
Documents:
- An application form for a Certificate of registration of study abroad counseling service;
- Power of attorney to perform the work;
Documents provided by Investor:
- Certified copy of the investment registration certificate of the project;
- Certified copy of Certificate of Business Registration;
- Certified copies of documents related to personnel (Resume, CCCD, Household Book, University Degree);
- A certified copy of the certificate of professional training in overseas study counseling of the study abroad consultant;
- List of staff of the study abroad counseling center;
- Summary table of data on facilities and equipment;
- Labor contract of personnel with the center;
- The contract of renting the center’s location and documents proving the location (Certificate of land use rights, Construction permit, documents related to fire prevention and fighting)
For a free comprehensive consultation on the establishment of a foreign-invested study abroad counseling company, please contact:
Phone: (+84) 961 366 238
Email:
- vphn@siglaw.com.vn
- vphcm@siglaw.com.vn
Headquarters: Floor 12A Sao Mai Building, 19 Le Van Luong Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi City.
Southern branch: No. 99 Cong Hoa, Ward 04, Tan Binh District, Ho Chi Minh City.
Central branch: 177 Trung Nu Vuong, Hai Chau District, Da Nang City
Facebook: https://www.facebook.com/hangluatSiglaw
