What’s Procedure For Establishment Of A Foreign-Invested Educational Institution In Vietnam?

Phuoc Nguyen Huu

4 years ago

procedure-establishment-educational-institution-in-vietnam

The sending of children to foreign-invested educational institutions (known as “international schools in Vietnam”) is a trend for parents in Vietnam nowadays. Being aware of this trend, the establishment of a foreign-invested educational institution in Vietnam is strongly concerned by domestic and foreign investors. What is procedure for establishment of a foreign-invested educational institution in Vietnam?

According to Article 2 and Article 28 of Decree 86/2018/ND-CP, a foreign-invested educational institution is an educational institution invested by foreign-invested economic organizations operating in accordance with the laws of Vietnam, are allowed to use a separate seal and account. The forms of foreign-invested educational institutions are as follows:

Short-term training institutions;
Pre-school educational institutions;
Compulsory educational institutions (elementary schools, middle schools, high schools, multi-level schools);

The procedure for establishment of a foreign-invested educational institution in Vietnam is as follows:

Step 1: Applying for the investment registration certificate;

Step 2: Applying for the enterprise registration certificate;

For the documents, procedure, authority for Step 1 and Step 2, please see theprocedure for incorporating a foreign invested company in Vietnam.

Step 3: Applying for the decision on establishment of a foreign-invested educational institution (not applicable to short-term training institutions);

Step 4: Applying for the education license of the foreign-invested educational institution

The documents, procedure, authority for Step 3 and Step 4 are as follows:

Application dossier

Licensing authority/ Contacting authority

Step 3

1. Application form for establishment of a foreign-invested educational institution.

2. A certified true copy of the investment registration certificate.

3. A proposal on establishment of a foreign- invested educational institution in Vietnam.

4. A certified true copy of the approval for leasing land of the People’s Committee in the province in case of facilities construction or of the MOU on leasing available facilities and other relevant legal documents.

5. A detailed plan of the facilities or the investment project of the facilities construction, including both presentation and designs of the foreign-invested educational institution.

6. A financial capacity document as prescribed by law.

For universities: Prime Minister/Ministry of Education and Training
For educational institutions incorporated by foreign diplomatic authorities, intergovernmental organizations: Ministry of Education and Training / Ministry of Education and Training
For other educational institutions: Chairman of People’s Committee of provincial level/Department of Education and Training

Step 4

1. Application form for education license.

2. Certified true copy of the decision on establishment of the foreign-invested educational institution in Vietnam; or of the Investment Registration Certificate and the Enterprise Registration Certificate for the short-term training institutions.

3. Rules on organization and operation of the foreign-invested educational institution in Vietnam.

4. Report on the progress of the investment project of establishment of a foreign-invested educational institution in Vietnam, status of capital contribution, capital loan and the total investment capital.

5. The report on the fulfilment of the necessary and sufficient conditions to establishment of a foreign-invested educational institution in Vietnam, enclosed with:

A list of principal (director), deputy principal (deputy director), deans, department managers and chief accountant;
A list of the employee, teachers and lecturers (fulltime or visiting lecturers) and their resumes;
A description of grades, training levels and disciplines;
Programs, teaching plans, learning materials, lists of textbooks and primary reference materials;
The subjects, regulations and time of enrolment;
Training regulations;
Training scale (students);
Regulations on tuition fees and other relevant fees;
Regulations on checking, assessment and certification of the completion of the programs;
The forms of qualification to be issued by the foreign- invested educational institution in Vietnam.

For universities: Minister of Education and Training
For other educational institutions: Director Department of Education and Training

Above is the summary of the procedure for establishment of a foreign-invested educational institution in Vietnam.

If you have trouble with legal issues regarding the procedure for establishment of a foreign-invested educational institution in Vietnam, please contact us.

Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective civil litigation service.

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