Questions: We need to set up an education/training institution in Vietnam. We will teach computer program for short-time. We have the questions:
1/Can your law firm do it?
2/what are conditions for us, exp capital, teacher, location…? We will set up 100% foreign and almost individuals from India.
3/How many licenses we need ?
Answer: SBLAW can provide legal service for opening company providing short-term computer training services in Vietnam:
1. Obtaining Investment Certificate:
Before establishing a Short-Term Computer Training Institution in Vietnam, Client is required to setup a Foreign Invested Company (hereinafter referred to as “FIC”) which shall manage and operate the Short-Term Computer Training Institution.
The establishment of a FIC in Vietnam requires an Investment Certificate from the licensing authority. Depending upon the location of the company, the licensing authority may be the Provincial People’s Committee (for companies located outside industrial or export processing zones) or the provincial Industrial and Export Processing Zones Management Authority (for companies located in industrial or export processing zones).
We would like to clarify that the procedure for establishment of a FIC in Vietnam generally takes a rather long time in comparison with other countries in the region.
Our practical experiences show that although the total time for establishment of a foreign invested company as stipulated under Vietnam Investment Law 2005 is only 45 days, the actual process may take a longer time due to that the competent authority must consult other relevant offices to evaluate the investment project. With respect to Investment Project, total investment capital of which is from 300,000,000,000 VND upward, Investor is required to
prepare Feasibility Study for the Investment Project.
prepare Feasibility Study for the Investment Project.
Generally, the relevant licensing authorities shall evaluate the legitimacy and the feasibility of such Investment Project to determine on granting of the Investment Certificate on the following basis:
a. the legal framework including Vietnam’s WTO Commitments, Vietnam Investment Law, Vietnam Enterprise Law, Regulations applicable to specific industries as well as the master economic development plan of the city or province that the FIC shall register its head-office.
We must closely work with competent authority in Ho Chi Minh City to consult locations compliant with planned short-term computer training center network in order to make sure that we can obtain the approval. Furthermore, location for short-term training institution must have sufficient space which satisfies the minimum requirement for 1.5 meter square/01 student/class.
b. Your financial ability, investment capital to put in the Investment Project, facilities and human resources serving the implementation of such investment project in Vietnam. With respect to short-term computer training services, Vietnam Government does not impose any minimum capital rate. However, according to our practical experience, you should consider an amount of 450,000USD upward.
c. Experience of Client in the field of short-term computer training services also is a notable thing. Vietnam Government much favour Foreign Investors who are experienced in the same field for many years before setting up FIC in Vietnam.
d. Number of teacher in short-term computer training institution must satisfy the condition of 1 teacher/25 students/class.
2. Approval for establishment of Short-Term Computer Training Institution
After obtaining Investment Certificate from the competent authority, you must submit application dossier for approval for establishment of Short-Term Computer Training Institution to the Provincial Department of Education and Training.
In this phase, you must prepare detailed project of the establishment of the Short-Term Computer Training Institution, specifying name, name, educational targets; qualifications and certificates being issued; the designed structure of the managerial mechanism and 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.
During the licensing process, the Provincial Department of Education and Training shall setup a Team to visit the location for setting up Short-Term Computer Training Institution.
Within about 15 working days from the date of submission of valid application dossier to the competent authority, the provincial Department of Education and Training shall issue License for establishment of Short-Term Training Institution.
