Formation of Representative office of Foreign University in Vietnam

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sblaw
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(SBLaw) In case foreign university duly established and operating under the law of foreign country would like to setup a legal entity in Vietnam which shall act for the purpose of marketing and service promotion.

In light of this purpose, they should consider setting up a representative office in  Vietnam. SBLaw would like to provide some information about this legal procedure

1. LEGAL BASIC

Under Vietnam Law, a Foreign Educational Institute having been operating in Foreign Country for at least 5 years upward, being recognized by competent authority in Foreign Country for its quality can setup a Representative Office in Vietnam.

Representative Office of a Foreign Educational Institute in Vietnam shall be allowed to conduct with following tasks:

a) Boosting the cooperation with Vietnamese educational institutions via promoting cooperation education programs and projects concerned by the Vietnamese party;

b) Organizing the consultation, information exchanges, seminars, and exhibition about education aiming to introduce the foreign educational institution;

c) Expediting and supervising the implementation of the agreements on education cooperation signed with Vietnam’s educational institutions.

We also would like to note that the Representative Office of Foreign Educational Institute must not engage with educational activities that directly generate profit in Vietnam.

Last but not least, although Vietnam Law is silent on requirements of experience and expertise of Chief of Representative Office of Foreign Educational Institute in Vietnam, in practice, the competent authority is always prefer person who has many years experience practicing in education services and has high diploma in the field.

According to Vietnam Law, within 30 working days from submission of application dossier to the competent authority, the Ministry of Education and Training shall grant License for establishment of Representative Office of Foreign Educational Institute. However, in practice, the licensing process can be much longer as it takes time for study and consideration.

2. OUR LEGAL SERVICE

SBLAW has been recognized as one of the leading and highly recommended business law firms in Vietnam. We can provide the legal service for establishing the Representative Office in Vietnam.

Our services for in this regard will include:

SCOPE OF SERVICES
Preparation of the application documents:

  • Notifying application documents required in accordance with Vietnamese law;
  • Drafting application documents required for submission purpose including application, power of attorney, board resolutions in English language;
  • Liaising with Client to discuss the draft application documents;
  • Amending the application documents based on client’s comments;
  • Obtaining preliminary comments from the licensing authority on the draft application documents;
  • Finalizing the application documents following comments from the licensing authority; and
  • Translating the final version of the application documents into Vietnamese for execution.
Licensing procedures:

  • Submitting the application dossier to the licensing authority on Client’s behalf;
  • Monitoring and following up with the relevant authorities on the approval process;
  • Keeping Client updated on the developments and additional requirements, if any; and
  • Assisting Client in obtaining the License for establishment of Representative Office.
Post-licensing procedures:

  • Obtaining Seal Sample and Registration of Seal Sample;

 

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