Chương VIII : Nghị định 46/2017/NĐ-CP Kinh doanh dịch vụ tư vấn du học

Chapter VIII 

OVERSEAS STUDY COUNSELLING SERVICE PROVISION

Article 106. Overseas study counseling service provider

1. The overseas study counseling service provider shall include:

a) Enterprises that are established and operated under the provisions of the Corporate Law;

b) Public service providers that perform its functions of doing the business of overseas study counseling services;

c) Foreign education organizations that legally operate within Vietnam.

2. The overseas study counseling service business shall include:

a) Provision of information and advice on educational policies adopted by countries and territories; provision of advice on selection of school, course, discipline and qualification relevant to student’s ability and expectation;

b) Organization of overseas study advertisement, promotion, conference, seminar, exhibition and fair events, covered by applicable laws and regulations;

c) Organization of enrolment, placement or admission of target overseas students;

d) Organization of necessary skill development classes or sessions intended for Vietnamese citizens wishing to study abroad;

dd) Application for permission awarded to Vietnamese citizens to take study abroad programs, parents or guardians to pay a visit to foreign schools under applicable laws and regulations;

e) Activities related to overseas study counseling service business.

Article 107. Eligibility requirements for the license for overseas study counseling service business

1. The overseas study counseling service provider shall be established under applicable laws and regulations.

2. It must own its main office, facilities and equipment necessary for provision of overseas study counseling services.

3. Its staff of front desk counselors must hold at least the bachelor’s degree, have a good command of at least a foreign language at the 4^th level or more as specified in the 6-level Foreign Language Competency Framework of Vietnam or equivalent, and obtain the certificate of completion of overseas study counseling training course required by the Ministry of Education and Training.

Article 108. Procedures and documentation requirements for awarding the certificate of registration of overseas study counseling service business to an overseas study counseling service provider 

1. The Director of the Department of Education and Training shall have authority to issue the certificate of registration of overseas study counseling service business to an overseas study counseling service provider.

2. The application documentation for such certificate shall be composed of the followings:

a) The application form for the certificate of registration of overseas study counseling service business that describes the following key information such as objectives and details of overseas study counseling services, possibility of provision and development of overseas study counseling services, implementation plan and approaches, measures to deal with possible risks to service customers;

b) The authenticated duplicate copy of the certificate of business registration, the establishment decision or the certificate of investment registration;

c) The list of front desk counselors with the following main information: full name, birth date, gender, qualification level, foreign language proficiency, job position; the authenticated duplicate copy of a bachelor’s degree, foreign language certificate and certificate of completion of overseas study counseling service course.

3. Implementation procedures:

a) The overseas study counseling organization sends 01 set of application documents prescribed by Clause 2 of this Article, whether directly or by post, to the Department of Education and Training of the province where its services are provided;

b) Within the maximum duration of 15 business days of receipt of all legally required application documents, the Director of the Department of Education and Training evaluates the submitted documentation, verifies accuracy of materials enclosed in the submitted documentation and issues the certificate of registration of overseas study counseling service business. If stipulated requirements have not met yet, a written notice must be sent to the requesting organization and clearly describes reasons.

4. In the course of doing its service business, the overseas study counseling service provider may request the Department of Education and Training for any possible revision or modification of the certificate of registration of overseas study counseling service business. Procedures for modification or revision of the certificate of registration of overseas study counseling service business shall be subject to Clause 3 of this Article.

Article 109. Suspension of provision of overseas study counseling services

1. The overseas study counseling service provider shall be subject to suspension of its operations when one of the following situations occurs:

a) It has committed any fraudulent act in order to obtain the certificate of registration of overseas study counseling service business;

b) It fails to meet one of the requirements specified in Article 107 hereof;

c) It has committed any offence against laws and regulations on education to the extent that it is subject to suspension imposed as an administrative penalty;

d) It has leased out or lent the certificate of registration of overseas study counseling service business;

dd) As otherwise prescribed by laws and regulations.

2. The Director of the Department of Education and Training shall have authority to issue the decision on suspension of its overseas study counseling services.

3. Implementation procedures:

a) Where it is established that the overseas study counseling service provider has committed one of the violations prescribed by Clause 1 of this Article, the Director of the Department of Education and Training grants a decision to establish the inspection team, organizes inspection activities to determine the severity of violation and makes an inspection report;

b) Based on the severity of violation, the Director of the Department of Education and Training issue the decision on suspension of its overseas study counseling services. The decision to suspend overseas study counseling services must clearly specify reasons for such suspension and duration of suspension, and approaches to assuring legal rights and benefits of its customers, related organizations or individuals. The decision on suspension of overseas study counseling services must be made known to the public through mass media;

c) Upon expiration of the duration of suspension, if causes resulting in such suspension have been corrected, the overseas study counseling service provider is required to submit the request form for permission for restoration of its operations to the Department of Education and Training. The request form must specify completion of correction of these causes and enclose evidencing documents (where available);

d) Within the maximum duration of 15 business days of receipt of the valid request, the Department of Education and Training shall carry out evaluation of the request, evidencing materials, and conduct field inspection where necessary. If causes resulting in such suspension have been mitigated, the Director of the Department of Education and Training shall issue the decision to grant permission for restoration of educational its operations. If stipulated requirements have not been met yet, a written notice must be sent, specify reasons and provide possible solutions.

Article 110. Revocation of the certificate of overseas study counseling service business

1. The Director of the Department of Education and Training shall have authority to issue the decision on revocation of the certificate of overseas study counseling service business.

2. The certificate of overseas study counseling service business shall be revoked when one of the following situations occurs:

a) The overseas study counseling service provider is dissolved under applicable laws and regulations;

b) During the duration of suspension, the overseas study counseling service provider continues to provide its overseas study counseling services;

c) Upon expiration of the duration of suspension, causes resulting in such suspension have not been corrected yet;

d) As otherwise prescribed by applicable laws and regulations.

3. The decision to revoke the certificate of overseas study counseling service business must clearly specify reasons for such revocation and approaches to assuring legal rights and benefits of its customers, related organizations or individuals. The revocation decision must be made known to the public through mass media.