Establishing a foreign language training center with 100% foreign capital in Vietnam

Establishing a foreign language training center with 100% foreign capital in Vietnam

1. Procedures for approving the establishment of foreign language training center with 100% foreign capital in Vietnam:

The approval for establishing an of foreign language training center with 100% foreign capital in Vietnam is made under the following procedures:
a) Issue the Investment certificate;
b) Approve the establishment of the educational institution;
c) Issue the License to provide education.

2. Conditions for the establishing a foreign language training center with 100% foreign capital in Vietnam:

2.1 Capital:

The projects of investment in establishing a foreign language training center with 100% foreign capital in Vietnam must reach at least 20 million VND per student (not including the expense on land tenancy).  The total minimum capital is calculated based on the total quantity of students when the estimated education scale is greatest.

2.2. Facilities and equipment for a foreign language training center with 100% foreign capital in Vietnam:

a) The light, furniture, and teaching equipment in classrooms must be appropriate;
b) The minimum average area for teaching must be 2.5 m2 per students for short-term training institutions, and 4 m2 per student for vocational training centers;
c) Have offices for the Board of Directors, teachers, libraries, and other functional rooms;
d) Have necessary equipment serving the teaching and management.

2.3. Education program

- The education program applied in a foreign-capitalized educational institution must demonstrate the educational target, without damaging the national security and public interests; without spreading religion, distorting history; without negatively affect the cultures, ethics, and traditional customs of Vietnam, and must ensure the connection between the levels and grades.
- A Foreign language training centers with 100% foreign capital may offer:
a) Vietnam’s education programs as prescribed by Vietnam’s law;
c) Foreign short-term training programs within the educational association programs with foreign partners.

2.4 The teaching staff for a foreign language training center with 100% foreign capital

a) The teachers must have college degrees, or the equivalent, in the profession suitable for the subjects that they teach;
b) The maximum ratio of students to teachers is 25 students per teacher.

3. Conditions for issuing investment certificate for projects of investment in establishing a foreign language training center with 100% foreign capital:

a) Having the project of investment in establishing the educational institution in conformity with the socio-economic development and the educational institution network planning approved by competent State agencies;
b) Having the pre-feasibility study on the establishment of the educational institution as prescribed in Clause 4 below;
c) Having available land in the locality to give or to lease out, or having the agreement on leasing available facilities in accordance with laws;
d) The financial resources is sufficient to execute the project as prescribed in Clause 2.1.

4. Dossier of application for the investment certificate for projects of invesment in establishing a foreign language training center with 100% foreign capital:
a) A written application for the investment certificate;
b) A written certification of legal status of the investor: the investor being an organization must submit an authenticated copy of the Establishment Decision or the Certificate of business registration, or the equivalent papers. The investor being an individual must submit an authenticated copy of the passport or ID cards or résumé; the investor being a foreign individual must submit the judicial résumé;
c) The business registration dossier corresponding to each form of economic organizations must comply with law provisions on enterprises and relevant law provisions;
d) The economic – technical explanation, including: the targets, scale, and location of investment; the capital; the project execution schedule; the demand for land, or agreement on leasing available facilities in accordance with laws; technological and environmental solutions, application for investment incentives (if any);
dd) The pre-feasibility study on establishing the educational institution, including:
The kind of educational institution being established, the necessary of its establishment; the conformity with the socio-economic development and the educational institution network planning approved by competent State agencies;
The name of the educational institution; the educational targets; the plan for the development and scale of the educational institution in each stage; the designed structure of the managerial mechanism;
The plan for qualifications and certificates, facilities and equipment, education programs, and teaching staff in accordance with laws.
e) The documents proving that the financial capacity of the investor satisfies the conditions prescribed in Clause 2.1.

5. The procedure and authority to issue investment certificates

- The appraisal of the conditions for project of invesment in establishing a foreign language training center with 100% foreign capital to issue Investment certificates is carried out by Services of Education and Training;
- The procedures and authority to issue investment certificates must comply with law provisions on investment.
- Time: 30 working days from the receipt of full valid documents as required.
6. Conditions for approving the establishment of a foreign language training center with 100% foreign capital in Vietnam: 
a) Having been issued with the Investment certificate;
b) Having the pre-feasibility study on the establishment of the educational institution as prescribed in Cluase 7 below;
c) If the facilities must be built, it is required to have the documents on giving or leasing land of the provincial People’s Committee, enclosed with the project of investment in building facilities, including the explanation and detailed design of the educational institution, and the agreement on leasing available facilities in accordance with laws, and relevant legal papers;
d) If the facilities is already available, it is required to have the agreement on leasing available facilities in accordance with laws and relevant legal papers;
dd) The financial capacity satisfies the conditions in Clause 2.1.

7. Procedures for the approval for the establishment of a language training center with 100% foreign capital in Vietnam:

- The application files for the approval for the establishment of a language training centers with 100% foreign capital in Vietnam:
The investor shall make 06 dossiers, including 01 original, and submit them to the Services of Education and Training, the dossier comprises:
a) The written request for the approval for the establishment of the educational institution;
b) An authenticated copy of the investment certificate;
c) The detailed project of the establishment of the educational institution, specifying:
Its name, educational targets; qualifications and certificates being issued; the designed structure of the managerial mechanism;
The detailed plan for the development and scale of the educational institution in each period, specifying the fulfillment of the conditions for facilities and equipment, education programs, and teaching staff in accordance with laws.
d) The written agreement on giving or leasing land of the provincial People’s Committee, if the facilities must be built (specifying the address, area, and boundary of land), and the agreement on leasing available facilities in accordance with laws and relevant legal papers;
dd) The project of investment in building facilities, including the description and detailed design of the educational institution, if the facilities must be built;
e) The documents proving that the financial capacity satisfies the conditions prescribed in Clause 2.1.
- Time limit: 60 days from receipt of full valid documents as required.
- Authority to decide on the establishment: Presidents of the provincial People’s Committees.

8. Procedures for approving education provisions

8.1 Time limit for registering education provision

Within 2 years (full 24 months) as from being issued with the Decision on approving the establishment, the foreign language training centers with 100% foreign capital must complete the preparation and submit the application for providing education.

8.2 Conditions for approving the education provision

1. The organizational structure of the educational institution or its campus has been completed.
2. The Regulation on organization and operation of the educational institution is conformable with law.
3. The conditions of capital, facilities and equipment, education programs, and teaching staff in prescribed by laws.
4. The conditions for establishing new faculties are satisfied, applicable to educational institutions that establish new faculties.

8.3 Dossier of application for providing education

The application for providing education shall be made into 06 dossiers, including 01 original, and submitted to the Services of Education and Training
1. A written application for providing education.
2. An authenticated copy of the Decision on approving the establishment of the educational institution, or of the Decision on approving the establishment of a campus, enclosed with the dossier of application for the approval for establishing a campus of the educational institution.
3. The Regulation on the organization and operation of the educational institution or its campus.
4. The report on the progress of the project of investment, the capital contribution, capital loan, and capital invested.
5. The report on the fulfillment of the conditions, together with: 

a) The list of the Principal (Director), Deputy Principal (Deputy Director), the Deans, department managers, and the Chief accountant.  For applications for licensing the operation of a campus, the list of persons in charge of the campus and its organizational structure is required.
b) The list and résumés of teachers, lecturers, and employees (full-time or visiting lecturers);
c) The grades, faculties, and disciplines;
d) The programs, teaching plans, teaching materials, lists of textbooks and primary reference materials;
dd) The subjects, regulation and period of enrolment;
e) The training regulation;
g) The training scale (students);
h) The regulations on tuition and relevant fees;
i) The regulation on the inspection, assessment, and certification of the completion of the programs, modules, and grades;
k) The forms of qualifications and certificates being issued.
6. The papers related to the procedures for establishing new faculties, applicable to educational institutions that establish new faculties.

- Duration: 32 days from receipt of full valid documents as required.
- Authority for approving education provisions: the Directors of Services of Education and Training

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