SERVICES FOR OVERSEAS STUDY CONSULTANCY LICENSING PROCEDURES

An Overseas Study Consultancy License, or a Certificate of Registration for Overseas Study Consultancy Services, is a business license required to meet the criteria for ‘Overseas Study Consultancy Services’—a conditional business line under the Law on Investment 2020. To engage in the overseas study consultancy business, organizations and enterprises are strictly required to obtain this license. So, how do you apply for an Overseas Study Consultancy License? What are the requirements to obtain one? What is the application procedure? Huy Hoang Law Firm will address these questions in the article below.

1. What is overseas study consultancy?

What is overseas study consultancy? Overseas study consultancy is a business type specializing in providing guidance and addressing inquiries for students and their parents regarding matters such as: study abroad programs, admission procedures, visa applications, preferential policies for international students, etc., in countries around the world.

2. What activities do overseas study consultancy services include?

According to Clause 2, Article 106 of Decree No. 46/2017/NĐ-CP, the overseas study consultancy business includes:

• Introducing and providing information on educational policies of countries and territories; advising on the selection of schools, courses, majors, and levels suitable for the learners’ capabilities and aspirations;
• Organizing advertising activities, conferences, seminars, fairs, and exhibitions on studying abroad in accordance with the law;
• Organizing recruitment and enrollment for overseas study;
• Organizing necessary skills training for Vietnamese citizens traveling abroad for study;
• Organizing the departure of Vietnamese citizens for overseas study, and arranging for parents or guardians to visit overseas educational institutions in accordance with the law;
• Other activities related to the overseas study consultancy business.

In addition, the law stipulates that the requirements for operating an overseas study consultancy service include: the staff directly engaging in consultancy must possess a bachelor’s degree or higher; have proficiency in at least one foreign language at Level 4 or above according to the 6-level Foreign Language Proficiency Framework for Vietnam or its equivalent; and possess a certificate of completion of training in overseas study consultancy as prescribed by the Ministry of Education and Training.

3. Why is an overseas study consultancy license required?

Overseas study consultancy is a conditional business line; therefore, to operate in this field, units must apply for an operational license at the Department of Education and Training where their business location is situated.

Pursuant to Clause 5, Article 20 of Decree No. 88/2022/NĐ-CP, a fine ranging from 80,000,000VND to 100,000,000VND  shall be imposed for conducting overseas study consultancy services without a Certificate of Registration for Overseas Study Consultancy Services issued by a competent authority.

Furthermore, possessing an overseas study consultancy license is essential to ensure the prestige of the unit when engaging in this business and serves as a basis for customers to identify that the unit is fully functional and authorized to execute study abroad contracts.

4. Requirements to obtain an overseas study consultancy license

The requirements to obtain an overseas study consultancy license are specified in Decree No. 46/2017/NĐ-CP, which details the conditions for operating overseas study consultancy services. The criteria applied during the licensing process include:

• The applicant unit must be an enterprise or organization established in accordance with the law, or a public service unit with the function of providing overseas study consultancy services.
• The unit must possess a headquarters, physical facilities, and equipment suitable for overseas study consultancy operations.
• The unit must comply with fire prevention and fighting (PCCC) requirements.
• Regarding the staff directly engaging in consultancy:
  • Must hold a bachelor’s degree or higher;
  • Must have proficiency in at least one foreign language at Level 4 or above according to the 6-level Foreign Language Proficiency Framework for Vietnam or its equivalent;
  • Must hold a certificate of completion of training in overseas study consultancy as prescribed by the Ministry of Education and Training.

5. Competent authority to issue the Certificate of Registration for Overseas Study Consultancy Services

The Director of the Department of Education and Training shall issue the Certificate of Registration for Overseas Study Consultancy Services to organizations registering for this business line.

6. Steps and procedures to apply for an Overseas Study Consultancy License

Required Application Dossier

An application form for the issuance of the Certificate of Registration for Overseas Study Consultancy Services;

An operational scheme of the overseas study consultancy center, primarily including: Objectives and scope of activities; capacity to exploit and develop overseas study activities; implementation plans and measures; risk management and mitigation solutions for consultants/students;

A certified copy of the Business Registration Certificate, Establishment Decision, or Investment Registration Certificate;

The Decision on the operation of the overseas study consultancy center;

A list of staff directly engaging in consultancy, including details such as: Full name, date of birth, gender, professional qualifications, foreign language proficiency, and assigned positions;

A certified copy of the lease agreement for the operational location;

A fire prevention and fighting plan;

A sample contract to be signed with students;

Orientation and preparatory materials for students;

Personal documents of the consultants: Bachelor’s degrees, Level 4 foreign language certificates (if they did not major in a foreign language), and certificates of completion of training in overseas study consultancy (certified copies).

Implementation Procedure

Step 1: Submit the prepared application dossier for the overseas study consultancy license to the Department of Education and Training where the headquarters of the business is located.

Step 2: The Department of Education and Training shall review the dossier and conduct an on-site inspection to verify the authenticity of the documents at the operational location. If the requirements are not met, the Department will notify the organization in writing, clearly stating the reasons.

Step 3: The Department of Education and Training shall issue a decision granting the Certificate of Registration for Overseas Study Consultancy Services (the License) to the organization.

Note: The overseas study consultancy license is valid for 05 years from the date of issuance. One (01) month prior to the expiration of the license, organizations and enterprises must initiate the renewal procedure to continue their operations. Under current legal regulations, there is no specific statutory provision detailing a “renewal” procedure. Therefore, in essence, the renewal process is carried out similarly to the procedure for a new license application.

7. Overseas study consultancy licensing services by Huy Hoang Law Firm

Providing preliminary consultation and verifying eligibility criteria for the license; offering strategic guidance for individuals and organizations in need.

Assisting in drafting compliant dossiers in accordance with the requirements of the Department of Education and Training (curriculum, training duration, tuition fee structures, etc.).

Acting on behalf of clients to execute procedures and handle work with competent state authorities; clarifying and defending the dossier before government bodies.

Liaising with competent authorities and accompanying the enterprise to welcome the inspection delegation.

Receiving the final result and handing over the license to the enterprise.

For any inquiries or to experience our legal services, please contact us using the following information:

Huy Hoang Law Firm

📞 Telephone: +84 944 580 222
📧 Email: tuvan@luathuyhoang.vn
🌐 Website: https://luathuyhoang.vn/
🏢 Address: 2nd Floor, LK05 – Urban Area 54, Alley 85 Ha Dinh Street,
Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi, Vietnam