Chương V Nghị định 15/2019/NĐ-CP: Điều kiện, thẩm quyền thành lập, chấm dứt hoạt động văn phòng đại diện của tổ chức, cơ sở giáo dục nghề nghiệp nước ngoài tại việt nam

Chapter V

REQUIREMENTS FOR AND AUTHORITY TO ESTABLISH AND TERMINATE THE OPERATION OF THE REPRESENTATIVE OFFICES OF FOREIGN VOCATIONAL SCHOOLS IN VIETNAM

Article 27. Legal locations of the representative offices

The representative office of a foreign vocational school in Vietnam (hereinafter referred to as "representative office") represents the foreign vocation school in carrying out the duties and exercising the rights specified in clause 2 of Article 49 of the Law on Vocational Education.

Article 28. Names of the representative offices

Name of a representative office shall be put in the following order: "Văn phòng đại diện” (representative office of), "Tên của tổ chức, cơ sở giáo dục nghề nghiệp nước ngoài" (Proper name of the foreign vocational school) and “tại Việt Nam” (in Vietnam).

Article 29. Requirements for issuance of operation licenses to representative offices

A foreign vocational school shall be issued with a license to establish their representative office in Vietnam if they satisfy the requirements specified in clause 3, Article 49 of the Law on Vocational Education.

Article 30. Validity period of the operation license of a representative office

The validity period of the operation license granted to the representative office of a foreign vocational school in Vietnam shall not exceed 05 years from the date on which the establishment decision is received.  If such period is extended, it shall not exceed 03 years; and if the license is re-issued, its validity period shall not exceed the period of the license granted before.

Article 31. Authority to grant the establishment license to the representative office

The Minister of Labor, Invalids and Social Affairs shall issue the establishment license to the representative office of the foreign vocational school in Vietnam.

Article 32. Procedures for granting the establishment certificate to the representative office

1. An application dossier for the establishment certificate of the representative office shall consist of:

a. An application form of the foreign vocational school which requests the permission to establish their representative office in Vietnam. This form must specify the reasons and the necessity to establish such office in Vietnam; summarize the establishment and development processes of the foreign vocational school; and mention about the person expected to become the manager of the representative office in Vietnam, using form 5A specified in Appendix hereto;

b. A document proving the legal status of the foreign vocational school;

c. A copy of the Operational Charter of the foreign vocational school;

d. A draft of the Regulation on organization and operation of the representative office in Vietnam;

dd. Personal records of the expected manager of the representative office in Vietnam. Such records must be confirmed by the head of the foreign vocational school or the competent agency of Vietnam;

e. Confirmation documents provided by a foreign agency must be consularly legalized under the law regulation on consular legalization.

2. Procedures for issuing the permission to establish the representative office

a. Procedures:

Foreign vocational school requesting the permission to establish their representative office in Vietnam shall make an application dossier as specified in clause 1 of this Article and send it to the General Department of Vocational Education in person or via online public service portal or by post;

Within 20 working days after receiving the sufficient and valid application dossier, the receiving agency shall appraise it and get opinions from related agencies (if any), submit it to the competent person mentioned in Article 31 hereof for issuance of the establishment license to the representative office of the foreign vocational school in Vietnam, using form 5B in Appendix hereto. If the application dossier for the establishment license is not valid, within 03 working days after receiving the dossier, the receiving agency shall provide explanations in writing.

b. Deadline for sending the establishment license to the representative office:

Within 02 working days after issuing the establishment license to the representative office of the foreign vocational school in Vietnam, the General Department of Vocational Education shall send a copy of such license to the People’s Committee of the province where the representative office is located for supervision and management. Also, they shall post information about this issuance on their website.

Article 33. Amending, extending and re-issuing the establishment license

1. The foreign vocational school shall register for the amendments to and extension of the establishment license granted to their representative office if they fall into one of the following cases:

a. The name and address of the head office of the foreign vocational school are changed in the country where it is established;

b. The name and address of the representative office in Vietnam are changed;

c. The operational period specified in the establishment license granted to the representative office in Vietnam expires.

2. The foreign vocational school shall request the establishment license to be re-issued to their representative office if they fall into one of the following cases:

a. The functions and operation scope of the foreign vocational school are changed;

b. The head office of the foreign vocational school is moved from one country to another country;

c. The establishment license has been lost or damaged.

3. Within 10 working days after changes are made to the establishment license or it is lost or damaged, or 30 days before such license expires, the foreign vocational school shall send an application dossier to the General Department of Vocational Education to request them to amend, extend or re-issue the establishment license.

4. The competent person who issues the establishment license to the representative office has the power to grant the permission to amend, extend or re-issue such license.

5. An application dossier for permission to amend, extend or re-issue the establishment license to the representative office shall consist of:

a. An application form of the foreign vocational school which specifies the name and address of the representative office; contents of the amendments; reasons for amending, extending or re-issuing the establishment license;

b. Establishment license of the representative office (except when it is lost).

6. Procedures for amending, extending or re-issuing the establishment license to the representative office

a. Procedures:

Foreign vocational school requesting the amendment, extension or re-issuance of the establishment license of their representative office shall make an application dossier as specified in clause 5 of this Article and send it to the General Department of Vocational Education in person or via online public service portal or by post;

Within 20 working days after receiving the complete and valid application dossier, the receiving agency shall appraise and submit it to the competent person for amendments to, extension or re-issuance of the establishment license, using form 5C in Appendix hereto.  If the application dossier is invalid, within 05 working days after receiving the application, the receiving agency shall provide explanations in writing.

b. Within 02 working days after permission to amend, extend or re-issue the establishment license to the representative office of the foreign vocational school in Vietnam is received,

Article 34. Operational termination and establishment license revocation

1. The representative office of the foreign vocational school in Vietnam shall have their operation terminated if they fall into the cases specified in clause 5, Article 49 of the Law on Vocational Education.

2. The competent person who grants the establishment license to the representative office of the foreign vocational school in Vietnam as specified in Article 31 hereof shall have the power to terminate the operation of such office and revoke their establishment license.

3. The General Department of Vocational Education shall write explanations about the termination of the representative office or the revocation of such offices establishment license and send them to the People's Committee in the province where the representative office is located before the operation of such office is terminated.

4. Within 60 working days after receiving the written notification about the termination, the representative office shall complete all procedures related to their workers; debts, salaries and social insurance; fulfill other financial obligations (if any); return their establishment license and seals and send a written report to the General Department of Vocational Education.

Article 35. Announcement about the operation of the representative office

Within 20 working days after receiving the establishment license, the representative office of the foreign vocational school in Vietnam shall publish the notification of such license on 03 consecutive issues of newspapers, with at least 01 central newspaper and 01 local newspaper. The contents of the notification shall include the name of the representative office in Vietnamese and in a common foreign language (if any); information about the license (number, dates and issuing agency); full name of the manager of the office; address, logo, phone, fax, website and email (if any); account at the transaction bank; operation registration certificate (number, dates and issuing agency).

Article 36. Rights and obligations of the representative office

1. While operating in Vietnam, the representative office has the following rights:

a. Have their legal rights and benefits protected by the Vietnamese Government as regulated by Vietnamese laws and the international treaties to which Vietnam is a signatory;

b. Rent an office. Rent and buy necessary equipment and appliances for serving the operation of the representative office; hire Vietnamese or foreign employees to work at such office as regulated by Vietnamese laws;

c. Open an account under Vietnamese laws and shall only use this account to serve the operation of the representative office;

d. Have seals that bear the name of their office;

dd. Other rights as regulated by the laws.

2. While operating in Vietnam, the representative office shall fulfill the following obligations:

a. Carry out activities that are suitable to their functions and duties; objectives and operation scope, time and location specified in the establishment license of the representative office of foreign vocational school in Vietnam; take the responsibility for all activities of such representative office;

b. Periodically, before December 15 every year, send a report by using online services and a documents on the operation results of the representative office to the General Department of Vocational Education and the Department of Labor, Invalids and Social Affair in the province where the representative office is located;

c. Send a report and provide documents on related issues, as well as providing explanations about such issues if requested by a Vietnamese competent agency;

d. The head of the representative office in Vietnam shall carry out their duties as authorized by the foreign vocational school within the authorized scope and deadline;

dd. The foreign employees of the representative office shall fulfill the right purposes of entering the country of Vietnam; strictly comply with the laws and respect Vietnamese traditions and customs.   All violations against Vietnamese laws committed by the employees of the representative office shall be handled in accordance with Vietnamese laws;

e. Other duties as regulated by laws.