Chương IV: Nghị định 86/2018/NĐ-CP Văn phòng đại diện giáo dục nước ngoài

Chapter IV

REPRESENTATIVE OFFICES OF FOREIGN EDUCATION INSTITUTIONS

Article 52. Functions, tasks and authority

1. A representative shall be able to represent the foreign educational institution in Vietnam.

2. A representative office shall take on the following tasks:

a. Contact and boost the cooperation between the educational institution that it represents and the Vietnamese educational institution via promoting the education joint programs and projects.

b. Organize exchange activities, consultation, information exchanges, seminars, exhibition of education aiming to introduce the foreign educational institution that it represents.

c. Expedite and supervise the process of implementing the agreements on educational cooperation signed with the Vietnamese educational institutions.

d. Must not engage in educational activities that directly generate profit in Vietnam and must not establish branches under it.

dd. Before November 30 every year, the representative office shall send a written report about its operation to the Department of Education and Training within the area where it is located; also, if requested by the competent agency, it shall provide documents and information regarding the relevant problems. The report shall be submitted online or in writing.

e. Fulfill other obligations as prescribed by law.

Article 53. Conditions for a foreign educational institution to establish a representative office in Vietnam

1. Has a legal status.

2. Has been operating for at least 05 years in the home country; and has been accredited or recognized for its education quality by a competent agency.

3. Has clear charters, principles and targets.

4. Has regulation on organization and operation of the representative office being established in Vietnam that conforms to Vietnam's laws.

5. Has a location for the representative office and can ensure security, labor safety and hygiene as prescribed by laws.

Article 54. Application documents for approval for the establishment

1. The application documents for approval to establish a representative office in Vietnam shall include:

a. An application form for approval to establish a representative office, using form No. 18 in the Appendix hereto.

b. A document proving the legal status of the foreign educational institution; a certified true copy or a copy enclosed with an original of the Operation charter, a quality assessment certificate of the foreign educational institution, or a written certificate of quality assurance from a competent agency; a summary report on the establishment and development of the foreign educational institution.

c. A draft regulation on the organization and operation of the representative office.

d. A letter introducing the manager of the representative office and his/her resume.

2. The written certificates issued by a foreign competent agency shall be consularly legalized at the Ministry of Foreign Affairs in Vietnam or at the diplomatic mission, consular office or a Vietnamese agency authorized to do consulate works in a foreign country, unless the international agreements to which Vietnam is a signatory prescribed otherwise.

Article 55. Naming the representative office of foreign education

The name of a representative office shall be put in the following orders: “Văn phòng đại diện” (Representative office of), “Tên của tổ chức, cơ sở giáo dục nước ngoài” (Proper name of the foreign educational institution) and “ tại Việt Nam” (in Vietnam)

Article 56. Period of operation

The operation period of a representative office shall not be more than 05 years from the date on which it is issued with the establishment license. The aforesaid period may be extended, however, and each extension shall not exceed 05 years.

Article 57. Authority relating to the establishment and operation of the representative office

The Minister of Education and Training shall issue, extend and amend the decision on approving the establishment of the representative office of foreign educational institution in Vietnam.

Article 58. Procedures for approving the establishment

1. The foreign educational institution that requests the approval for establishment of the representative office in Vietnam shall send 01 set of application documents in person or by post to the Ministry of Education and Training.

2. Within 30 working days from the date on which the complete documents are received, the Ministry of Education and Training shall appraise the documents, consider and approve the establishment of the representative office, using form No. 19 in the Appendix hereto. If it does not approve the establishment, the receiving agency shall provide explanation in writing.

3. If the documents are deemed incomplete according to Article 54 hereof, within 05 working days, the Ministry of Education and Training shall send a written notification in person or by post or via email to the foreign educational institution.

Article 59. Operation registration

1. Within 20 working days from the date on which the decision on approving the establishment of the representative office takes effect, the educational institution that requested the approval shall complete the operation registration at the Department of Education and Training within the area where the representative office is located.

2. The application documents of the representative office shall include:

a. An application form for approval for the establishment of the representative office, using form No.20 in the Appendix hereto.

b. A certified true copy or a copy enclosed with an original of the decision on approving the establishment of the representative office, and copies of the application documents already submitted to the Ministry of Education and Training to request for the aforesaid decision.

c. The decision on appointing the manager for the representative office and his/ her resume.

d. The personnel of the representative office and their resumes.

dd. Specific location of the representative office and relevant legal documents.

3. Within 10 working days from the date on which the application documents of the representative office are received, the director of the Department of Education and Training shall consider issuing the registration certificate using form No.21 in the Appendix hereto, and shall publicly post the decision on its website. If the director does not issue the registration certificate, the receiving agency shall provide explanation in writing.

4. If the documents are deemed incomplete according to the regulations in clause 2 of this Article, within 05 working days, the receiving agency shall send a written notification in person or by post or via email to the foreign educational institution.

Article 60. Amending, supplementing and extending the establishment license

1. The foreign educational institution shall apply for the amendment, supplement and extension of the license to establish the representative office if:

a. Changing the name, the head or the location of the foreign educational institution within the country where it is established.

b. Changing the name, the head or the location of the representative office in Vietnam.

c. The operation period specified in the license to establish the representative office expires.

2. The person who approves the establishment of the representative office shall also have authority to amend, supplement and extend the license.

3. The extension of the license to establish the representative office shall be granted within 06 months before the aforesaid license expires.

4. The application documents for amendment, supplement and extension of the license shall include:

a. An application form of the foreign educational institution, in which there is clear information and explanation about the amendment, supplement and extension of the license to establish the representative office.

b. An original or a copy of the license to establish the representative office.

c. An original or a copy of the registration certificate of the representative office if it already registered for the certificate.

d. A detailed report on the operation of the representative office.

5. Within 20 working days from the date on which the complete documents are received, the competent authority shall consider approving the amendment, supplement and extension of the license to establish the representative office. If the competent authority does not approve the amendment, supplement and extension, the receiving agency shall provide explanation in writing.

6. If the documents are deemed incomplete, within 05 working days from the date on which the documents are received, the receiving agency shall send a written notification in person or by post or via email to the educational institution.

Article 61. Terminating the operation of the representative office

1. The person who approves the establishment shall also have authority to terminate the operation of the representative office.

2. The operation of the representative office shall be terminated if:

a. The period specified in the establishment license expires.

b. There is a request from the foreign educational institution that establishes the representative office.

c. The representative office is unable to operate within 06 months from the date on which the first license is issued or within 03 months from the date on which the license is extended.

d. The application documents for approval for the establishment of the representative office are falsified.

dd. The representative office engages in activities in contravention of the license.

e. The representative office violates other laws of Vietnam.

3. Application documents and procedures for requesting the termination of operation of the representative office.

a. An application form for approval for terminating the operation of the representative office, in which there is clear explanation about the termination.

b. A detailed plan for terminating the operation, in which there are clear measures for ensuring the legal rights of the employees; a plan on solving the financial or property problems.

c. Within 20 working days from the date on which the application documents requesting the termination are received, the receiving agency shall consider and make a decision. If the documents are deemed incomplete, within 05 working days from the date on which the documents are received, the receiving agency shall send a written notification in person or by post or via email to the educational institution.

4. If the operation of the representative office must be terminated according to point c, d, dd, and e, clause 2 of this Article, the competent agency shall consider and decide to terminate the operation of the aforesaid office.

5. The decision on terminating the operation shall include clear explanation about such action and the measures for ensuring the legal rights and benefits of the employees, and shall be announced through the mass media.