Foreign Language Education Services is classified to CPC 929. Under Vietnam’s WTO Commitments, with the respect to CPC 929, foreign investor can either setup a wholly foreign invested company or a joint venture company to run its investment project.

However, under Vietnam Law, education services is classified to the conditional investment sectors, for which, foreign investor must satisfy specific statutory inquiries to run the investment project in this field.

According to the Joint Circular No. 14/2005/TTLT-BGD&DT-BKH&DT of April 14, 2005, providing guidelines on Decree No: 06/2000/ND-CP of the Government dated March 2000 on foreign co-operation and investment in fields of medical examination and treatment, education and training and scientific research, investment project in the field of foreign language education must satisfy following inquiries:

  • The Investment Project must be inline with master plan on economic development of the city or province where the Head Office of the Company (hereinafter referred to as “Foreign Language Education Centre” or “Centre”) shall be situated.
  • Investment capital to put in the Foreign Language Education Centre must be at least 700USD/ one student (exclusive of expenditure for obtaining land use right). Number of students for accounting the investment capital of the investment project is the number of students educated at the Foreign Language Education Centre at the last phase of the Investment Project. However, please be noted that, in case the investment project does not involve with setting new facilities for the Foreign Language Education Centre but leasing existed facilities, minimum investment capital must be at least 420USD/ one student. If so, validity term of such investment project must not exceed 20 years.
  • Facilities of the Foreign Language Education Centre must satisfy conditions that it is sufficient to provide class rooms and equipments suitable for Foreign Language Education and total area available for Foreign Language Education must be at least 2m2/one student.

For an assurance of possibility of setting up planed Foreign Language Education Centre, please provide us specific information regarding to place where investor intends to situate the Foreign Language Education Centre, proposed capital investment to put in the Centre as well as business scale of the Centre (how many students shall be trained in the Centre in a semester at the last phase of the Investment Project?).

Procedures for setting up a foreign invested company in Vietnam to provide foreign language education services.

The procedure for setting up a foreign invested company in Vietnam to provide foreign language education services shall include two following Phases.

Phase 1: Obtaining Investment Certificate

As Foreign Language Education Services are classified to the conditional investment sectors, thus, the application for establishment of the Centre must undergo the investment evaluation process. Accordingly, before the Licensing Competent Authorities must consult Ministry of Planning and Investment, Ministry of Finance, Ministry of Industry and Trade and Ministry of Training and Education to determine whether to grant the investment certificate to your companyto setup the Centre or not.

For your ease of reference, hereinafter is an overview roadmap of this procedure as follows:

Step 1

Step 2

Step 3

Step 4

Step 5

Preparation of application dossier

Submission of application dossier to Provincial Licensing Authority

Comments from relevant Ministries

Provincial Licensing Authority grants the amended Investment Certificate

Publication on News Paper

Comments from relevant Provincial Department

Time frame

Step 1 5-7 working days from receipt of necessary information and documents from you
Step 2 02-03 working days from receipt of signed and sealed documents from you
Step 3 1-2 months from submission of dossier to Provincial Licensing Authority
Step 4 5-15 working days from receipt of comments from relevant competent authorities
Step 5 05 working days from receipt of the Investment Certificate

Phase 2: Obtaining Sub-License for operation of the Centre

Within 9 months from obtaining the Investment Certificate, the Centre must fulfilled necessary steps for recruitment of teachers, appointment of Director, installation of necessary equipments, finishing the Inner Regulatory for operation of the Centre etc. Then, the Centre must submit application dossier for the Sub-License for operation of the Centre to the provincial licensing authority.

For ease of reference, hereinafter is an overview roadmap of this procedure as follows:

Step 1

Step 2

Step 3

Step 4

Preparation of application dossier

Submission of application dossier to Provincial Licensing Authority

Provincial Licensing Authority shall appoint a team of experts for examining actual facilities, human resources etc of the Centre

Provincial Licensing Authority grants License for operation

Time frame

Step 1 7-10 working days from receipt of necessary information and documents from you
Step 2 02-03 working days from receipt of signed and sealed documents from you
Step 3 15-20 working days from submission of dossier to Provincial Licensing Authority
Step 4 15-20 working days from the actual examination conducted by relevant competent authorities

S&B LAW’s QUALIFICATION

We believe that S&B Law is well-positioned to assist the investorin obtaining the Investment Certificate for the establishment of the Centre in Vietnam for following basis:

  • Highly skilled and experienced consultants and lawyers with high ability to assist client regarding to approach business goals in Vietnam.
  • Experience of S&B Law in assisting client for obtaining license for foreign investment in Vietnam.

SCOPE OF WORKS

Our services in this regard will include:

Description of Scope of Work
1. Preparation of the application documents:

  • Notifying client of the required documents;
  • Drafting application documents required for submission purposes including application, technical explanatory statement, financial capacity confirmation, board resolutions, power of attorney;
  • Liaising with client to discuss the draft application documents;
  • Amending the application documents based on client’s comments;
  • Finalizing and translating the final versions of the application documents into Vietnamese for execution.
2. Assistance in arranging the translation and certification:

We can assist client in arranging translation and certification of translated documents after such documents have been duly notarized legalized in client’s country.

 3. Joint Venture Agreement:

  • Drafting a template Joint Venture Agreement in accordance with Vietnamese laws;
  • Finalizing the drafted Joint Venture Agreement following client’s Comments;
  • Translating the final version of the Joint Venture Agreement into Vietnamese for execution purposes; and
  • Submitting the application dossier to the licensing authorities.
4. Licensing procedures:

  • Monitoring and following up with the relevant authorities on the approval process;
  • Update on the developments and additional requirements, if any;
  • Prepare additional documents and submit to the licensing authority (if required); and
  • Obtaining the investment certificate.
Upon issuance of the investment certificate, the Centre is required to carry out immediate administrative procedures.  Our services include:

  • Application for the seal of the Centre;
  • Obtaining a tax code; and
  • Public announcement arrangement.
If you would like further information on Can foreign investor open a company providing foreign language education services in Vietnam?, please either email to our Partners at: info@sblaw.vn or call to our Office:
Ha Noi Office: +84 (4) 62 62 0246
HCM Office: +84 (8) 35 208 101.
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