Setting up a foreign-invested vocational education in Vietnam

Foreign-invested vocational education center is a foreign-invested vocational education institution that is established to provide regular training by work-study, distance learning, or self-study with guidance for programs. elementary level training programs and other vocational training programs, which are flexible in terms of programs, time, methods, and training locations, in accordance with learners’ requirements. LSX Lawfirm will give you an article about: “Setting up a foreign-invested vocational education in Vietnam”, as follows:

Legal grounds

Law on Vocational Education 2014

Steps to establish a foreign-invested vocational education center in Vietnam

Clause 2, Article 5 of the Law on Vocational Education 2014, Foreign-invested vocational education institutions are established in two forms:

• Vocational education institutions with 100% capital of foreign investors;
• Vocational education institutions joint venture between domestic investors and foreign investors;

According to the provisions of the Investment Law 2020 Articles 22, 23, 27, establishing an economic organization with 100% foreign capital or a joint venture, foreign investors must carry out procedures for applying for an Investment Registration Certificate first. when carrying out the procedures for applying for permission to establish a foreign-invested vocational training institution.

On the other hand, Clause 2, Article 19 of the Law on Vocational Education 2014 stipulates that a vocational education institution may only enroll and organize training after it has been granted a certificate of registration of vocational education activities.

Pursuant to the above regulations, a foreign-invested vocational education and training center shall be established according to the following steps:

• The investor carries out the procedures for issuance of the Investment Registration Certificate at the investment registration agency
• The investor establishes an enterprise implementing the investment project as a Vocational Education Center (if there is a need).
• Carry out the procedures for applying for permission to establish a foreign-invested vocational training institution.
• Carry out the procedures for applying for a certificate of registration of vocational education activities.

Conditions for establishing a foreign-invested vocational education center in Vietnam

Pursuant to Article 9 of Decree 15/2019/ND-CP, a foreign-invested vocational training institution may be established when it meets the following conditions:

Have:

• An establishment project in line with the planning on the network of vocational education institutions in Vietnam.
• So, granted an investment registration certificate (for cases where a foreign investor must carry out procedures for an investment registration certificate in accordance with the investment law).
• Then, a location for the construction of physical foundations, ensuring that the minimum usable land area of ​​the vocational education center is 1,000 m2;
• The investment capital for establishment is from legal capital sources, excluding the value of land.) For vocational education centers, at least 05 (five) billion VND;

Training program:

a) The expected training program must meet the requirements; no content harmful to national defense, security or community interests; not propagate religion, distort history; not adversely affect the culture, morality, fine customs and traditions of Vietnam;

b) To organize training programs in Vietnam; then foreign training programs within the framework of joint training programs with foreign countries according to regulations;

c) Compulsory subjects for learners who are Vietnamese citizens studying foreign training programs according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

d. Have a specific plan for the organizational structure; then training facilities and equipment; training programs and curricula; a contingent of teachers and administrators suitable to the conditions for registration of vocational education activities.

Specifically:

Have:

• Physical facilities and training equipment suitable to the profession, scale and primary training level. The average area of ​​theoretical classrooms; rooms and practice workshops used for studying and teaching must be at least 04 m2/classroom;
• Then, sufficient training programs and textbooks for each occupation registered for operation and must be developed; appraised and promulgated according to regulations of the Minister of Labor, War Invalids and Social Affairs;
• So, a team of qualified teachers with professional qualifications and skills; (Teachers must have an intermediate diploma or higher or a certificate of vocational skills to teach elementary levels); and then pedagogical skills according to provisions of law; ensure that the maximum ratio of converted students to teachers is 25 students/teacher; there are permanent teachers for the profession to organize training;

Note that foreign-invested vocational education institutions are autonomous in their organizational structure.

Procedures for requesting permission to establish a foreign-invested vocational education center in Vietnam

Dossier of application for permission to establish a foreign-invested vocational education center

According to Article 12 of Decree 15/2019/ND-CP; an application for permission to establish a foreign-invested vocational training institution is 01 set, including:

• Written request for establishment permit;
• Then, Copy of investment registration certificate;
• Establishment scheme;
• A copy of the certificate of land use rights, house ownership or written approval of land lease from an agency; organization or individual; clearly identifying the address, area, and boundary of the land plot; and agreement on land lease agree on the principle of renting available facilities in accordance with the provisions of law; and relevant legal papers with a term of at least 5 years from the date of submission of the application;
• Legal documents of the investor: Business registration certificate, passport, Certificate of business registration or other equivalent documents.
• Proof of financial capacity.
• In case there are 02 or more foreign organizations and individuals contributing capital or a joint venture between a domestic investor and a foreign investor; additional documents are required, including: a written appraisal of the asset’s capital value. contribute; a copy of the appointment of a representative in the name of the establishment of a foreign-invested vocational education institution; List, form and minutes of capital contribution of joint venture members committed to contribute capital for establishment.

Procedures for permitting the establishment of a foreign-invested vocational education center

Firstly, receipt of application for permission to establish a vocational education institution

Organizations and individuals requesting permission to set up a foreign-invested vocational training center shall make a dossier and send it directly or through the online public service portal or by post to the Department of Labor, War Invalids and Social Affairs. .

In case the dossier is invalid, within 05 working days from the date of receipt of the dossier, the receiving agency shall reply in writing and clearly state the reason. If the application is valid, the professional agency shall send it to the Appraisal Council for appraisal.

If interested in a representative office in this field, learn more about the whole field of setting up a business in the educational environment in Vietnam. You can refer to the article related to apply for enterprise registration for foreign investors in Vietnam

Secondly, appraisal of the application for the establishment of a vocational education institution

Within 15 working days after receiving the dossier, the Appraisal Council shall organize the appraisal and notify the appraisal results;

So, based on the conclusion of the individual appraisal council; the organization requesting permission to establish a vocational education institution shall complete the application and send it to a professional agency.

Decision permitting the establishment of vocational education institutions

So, within 10 working days from the date of receipt of the completed application for permission to establish the Vocational Education Center according to the conclusion of the Appraisal Council; the specialized agency shall submit it to the Chairman of the Provincial People’s Committee for decision. license to establish vocational education institutions.

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