Visa procedure, Seminar with foreigner, Labor certificate procedure in Viet Nam, Overseas study consultancy, labor export, Advertising services for Partner

A. Regarding overseas study consultancy procedures:
Pursuant to the Decision No. 05/2013/QD-TTg dated January 15, 2013 of the Prime Minister stipulating the overseas study of Vietnamese citizens, organization of overseas study consultation services wanting to conduct its business must satisfy the following conditions:

1. Having established business in overseas study consultancy services under the provisions of the Enterprise Law.

2.Having Certificates of overseas study consultancy services operation registration.

Conditions for granting Certificate of overseas study consultancy services operation registration:
Pursuant to Article 10 of the Decision No. 05/2013/QD-TTg, organization of overseas study consultancy services is granted the Certificate of overseas study consultancy services operation registration upon meeting the following conditions:
1. Being established in accordance with provisions of law.
2. Having head office, facilities and equipment to meet overseas study consultancy services.
3. Having sufficient financial capacity to ensure the settlement of the cases of risk, having a minimum deposit of VND 500.000.000 (five hundred million dong) in a commercial bank.
4. The head of the organization and the staff directly giving advice on overseas study of overseas study consultancy services must have a university degree or higher, proficiency of at least one foreign language, the certificate of oversea study consultancy profession training granted by the Ministry of Education and Training.

Dossier to request the granting of Certificate of overseas study consultancy services operation registration:
According to the conditions specified in section I, dossier to request Certificate of overseas study consultancy services operation registration regulated in Article 11 of Decision No. 05/2013/QD-TTg includes:

1. Written request for the Certificate of overseas study consultancy services operation registration.

2. The operation scheme of the organization of overseas study consultancy services certificated by the legal representative with the following contents:

Objectives, operation contents;

Facilities (Certificate of Land Use Rights, Lease Contract, Construction Permit).

Financial capacity, deposit (Deposit confirmation at Bank);

Background, qualification of the head and consultancy staff (degrees, certificates, references);

Ability to exploit and develop overseas study abroad services;

Feasibility study on the performance of the organization;

Implementation plan, implementation measures;

(Contracts, agreements or invitation to collaborate from international educational institutions)

Plans, processes of overseas study consultancy services;

Plans of settlement upon problems of risk;

(Evidentiary documents written in italic need to be attached with the plan)

3. A valid copy of the Business Certificate or Establishment Decision or License of Investment.

4. The resume of the head of the organization of overseas study consultancy services operation certified by the competent authority.

5. The profile of consultancy staff, including the following information: full name, date of birth, sex, professional qualifications, language proficiency, and position. (degrees, qualifications, and languages proficiency certificates need to be attached)

6. The copy of certificate from the head and the consultancy staff for completing a professional study abroad counselling courses. (Today, pursuant to Decision No.2482/2013/QD-BGDDT, National Institute of Education Management (NIEM) is competent for training and issuing this certificate; each course lasts for 3-4 months and costs VND 2.000.000).

The order and procedures of registering and granting business registration certificate for overseas study consultancy services:

1. Number of dossiers: one (01) dossier

2. Authorities of issues: Ministry of Education and Training

3. Duration: 25 working days from the date of receiving complete and valid dossiers

B. Regarding labor export activities

I. The procedures for granting labor export permit are based on the following legal documents:

1. Law on Vietnamese guest workers 2006

2. Vietnam Employment Law 2013

3. Decree No. 126/2007/ND-CP detailing the law on Vietnamese guest workers

4. Circular No. 21/2001 detailing the law on Vietnamese guest workers

5. Circular No. 22/2013/TT-BLĐTBXH providing the form and contents of the labour supply contract and Vietnamese guest worker contract

6. Decision No.1012/2013 on the authority of the Department of Overseas Labour of the Ministry of Labor, War Invalids and Social Affairs (MOLISA)

II. To conduct a labor export business, enterprises must obtain licenses.
An enterprise shall be granted with a license upon meeting the following conditions:

1. Having VND 5.000.000.000 (five billion dong) of legal capital and satisfying the following conditions:

2. Having a scheme for sending workers abroad;

3. Having a specialized section to provide pre-departure orientation for workers and a specialized section to send workers for overseas employment in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs. For an enterprise submitting an application dossier for the first time, a plan on the organization of the specialized sections is required;

4. The leader in charge of administering activities of sending workers abroad must have a university or higher degree, and at least three-year experience in the sending of workers abroad or in international cooperation and relations;

5. Having submitted a deposit of VND 1.000.000.000 (one billion dong) in a commercial bank.

III. Licensing dossiers

a. The enterprise’s application for a license;

b. A copy of its business registration certificate;

c. Probative evidence of VND 5.000.000.000 (five billion dong) capital requirements;

d. The written certification of deposits, issued by the commercial bank where the enterprise pays deposits;

e. The scheme on sending workers abroad;

f. The resume of the leader in charge of administering the sending of workers abroad;

g. The implementation scheme (for enterprises sending workers abroad for the first time) or the report on an operating system of sending workers abroad and a system of training necessary knowledge for workers before going to work abroad;

h. The list of full-time officials who are in charge of sending workers abroad, including the following information: full name, date of birth, position, professional qualifications, language proficiency, and assigned tasks

IV. Competent authority to accept records
Enterprises submit records at the Department of Overseas Labour of Ministry of Labors, War Invalids and Social Affairs

V. Jurisdiction and duration for licensing
Within 30 days since receiving necessary valid records from enterprises, the Minister of Labour - Invalids and Social Affairs considers issuing licenses for labor export activities after consulting one of these following authorities:
1. The Head of the institution who makes establishment decisions, or proposes the Prime Minister to make establishment decisions for state-owned enterprises.
2. The one who makes the establishment decision for enterprises of political organizations, socio-political organizations, political-socio-professional organizations, socio-professional organizations.
3. Chairman/Chairwoman of People’s Committee in direct-controlled municipalities where the headquarter of enterprise is located if the firm does not belong to 2 above cases.

If an enterprise is not licensed, the Minister of Labour - Invalids and Social Affairs has to respond and give the enterprise-specific reasons in written form.

The information in this article is for reference only. For more information and assistance, please contact the Hanoi International Relation Center at 15A Ly Thuong Kiet, Hoan Kiem, Hanoi.