What activities does study abroad consulting include? Are organizations providing study abroad consulting services allowed to provide foreign language training? Rights and obligations of study abroad consulting centers.
What activities does study abroad consulting business include?
According to Clause 2, Article 106 of Decree 46/2017/ND-CP, study abroad consulting services include the following activities:
- Consulting and introducing information on education policies in countries and territories;
- Advise customers on choosing schools, courses, majors and levels of study that suit their wishes and abilities;
- Organize and implement student recruitment and study abroad enrollment;
- Organize training for students with necessary skills to study abroad;
- Sending Vietnamese citizens to study abroad;
- Organize to bring parents or guardians to visit training places abroad according to regulations;
- Organize promotional events, seminars, conferences, fairs, and exhibitions on study abroad issues in accordance with the law;
- Carry out other activities related to study abroad consulting services business.
>> See details: Activities at the study abroad consulting center.
Are study abroad consulting companies allowed to provide foreign language training?
According to the regulations on the activities of companies providing study abroad consulting services, specifically item (4) above, foreign language training for customers is necessary, because foreign language is one of the essential skills for Vietnamese citizens when studying abroad.
➨ Therefore, companies providing study abroad consulting services are allowed to provide foreign language training to students but do not charge foreign language training fees.
Rights and responsibilities of study abroad consulting service business organizations
1. Rights of study abroad consulting companies
Companies and organizations providing study abroad consulting services have the right to:
- Signing recruitment representative contracts with foreign educational institutions and organizations;
- Enjoy remuneration and benefits as agreed in the contract;
- Publicly post information of study abroad consulting organizations on the website of the agency that grants business certificates for study abroad consulting services;
- Exercise the rights that the enterprise is permitted on the basis of not violating legal regulations.
2. Responsibilities of study abroad consulting companies
Pursuant to Clause 2, Article 15 of Decree 86/2021/ND-CP, the responsibilities of study abroad consulting service business organizations are specifically regulated as follows:
- Apply for a business registration license for study abroad consulting services;
- Implement study abroad consulting activities within 45 days from the date of being granted a business license for study abroad consulting services;
- Provide honest and accurate advice on information related to:
- Conditions on the status of quality assessment of foreign education and training programs and educational and training institutions;
- Tuition, expected living expenses and related costs;
- Living conditions abroad, overtime work policies in the country receiving international students;
- Difficulties, risks or incidents that may occur during study abroad.
- Sign a study abroad consulting contract with parents or legal guardians of the student or sign directly with the person wishing to study abroad on the principle of voluntariness, agreement and ensuring the principles according to regulations;
- Not authorized or authorized by other organizations or business units providing study abroad consulting services to conduct study abroad consulting services for students;
- Publicly post information of study abroad consulting service business organizations at the headquarters and on the unit’s website;
- Be responsible before the law for the accuracy of the content and information publicly disclosed by the study abroad consulting service business organization according to the provisions of law;
- Maintain and keep in contact with foreign educational institutions throughout the time international students study and live abroad;
- Urge students to update information on the electronic database system for managing Vietnamese citizens studying and teaching abroad;
- Proactively contact and coordinate with relevant agencies in protecting the legitimate rights and interests of international students;
- Keep records of Vietnamese citizens studying abroad throughout the process and time studying abroad and keep in contact with students after graduation;
- Provide evaluation information on the effectiveness of consulting for Vietnamese people to study and train abroad upon request from state management agencies;
- Make reports on enrollment and study abroad consulting activities as prescribed.
Penalties for violations of regulations on study abroad consulting services
Pursuant to Article 20 of Decree 88/2022/ND-CP, in the field of education and occupation, the administrative penalty for violations of regulations on study abroad consulting services is prescribed as follows:
| Penalty level | Violation |
| 10,000,000 – 20,000,000 VND | – Providing dishonest and inaccurate advice on information related to studying abroad;
– Not publicly posting information of the organization providing study abroad consulting services at the headquarters and on the unit’s website; – Failure to report on enrollment and sending Vietnamese people abroad to study as prescribed; – Failure to report study abroad consulting service business activities as prescribed; – Not keeping records of Vietnamese citizens studying abroad as prescribed; – Using study abroad consultants without professional certificates as prescribed. |
| 30,000,000 – 40,000,000 VND | – Not signing a contract or signing a study abroad consulting contract that does not ensure the content and principles as prescribed;
– Failure to perform or incomplete performance of the obligations and responsibilities of the study abroad consulting service business organization towards students who have been consulted and gone abroad to study; |
| 50,000,000 – 60,000,000 VND | – Authorize, lease or lend business registration license for study abroad consulting services;
– Receive authorization from other study abroad consulting service organizations to provide study abroad consulting services for students who want to study abroad; |
| 60,000,000 – 80,000,000 VND | – Continue to conduct study abroad consulting services during the period of suspension. |
| 80,000,000 – 100,000,000 VND | – Organizing a business of study abroad consulting services without being granted a business registration license for study abroad consulting services. |
The above fines apply to violations by organizations. In case of individual violations, the fine is half of the fine for organizations.
In addition, organizations providing study abroad consulting services may also be subject to remedial measures prescribed in Clause 7, Article 20 of Decree 88/2022/ND-CP.
>> Related article: Instructions on procedures for establishing a study abroad consulting company.
Frequently asked questions about foreign language training at study abroad consulting centers
1. Are study abroad consulting centers and facilities allowed to provide foreign language training?
Yes. Study abroad consulting companies are allowed to provide foreign language training to students but do not charge foreign language training fees.
2. Foreign language training belongs to which activity of the study abroad consulting service business organization?
According to regulations on the activities of companies providing study abroad consulting services, foreign language training for customers is considered as a case of training necessary skills for Vietnamese citizens studying abroad, because foreign language is one of the essential skills for Vietnamese citizens studying abroad.
>> Learn more: Activities at the study abroad consulting center.
3. What are the main activities of a study abroad consulting business?
Study abroad consulting services business includes the following activities:
- Consulting and introducing information on education policies in countries and territories;
- Advise customers on choosing schools, courses, majors and levels of study that suit their wishes and abilities;
- Organize and implement student recruitment and study abroad enrollment;
- Organize training for students with necessary skills to study abroad;
- Sending Vietnamese citizens to study abroad;
- Organize to take parents/guardians to visit training places abroad according to regulations;
- Organize promotional events, seminars, conferences, fairs, and exhibitions on study abroad issues in accordance with the law;
- Carry out other activities related to study abroad consulting services business.
4. What are the rights of a company providing study abroad consulting services?
Companies and organizations providing study abroad consulting services have the following rights:
- Signed recruitment representative contracts with foreign educational institutions and organizations;
- Enjoy the salary and benefits as agreed in the contract;
- Publicly post information of the study abroad consulting organization on the website of the agency that grants the certificate of business in study abroad consulting services;
- To exercise the rights that the enterprise is permitted on the basis of not violating legal regulations.
5. What is the penalty for dishonest and inaccurate study abroad consulting?
Dishonest study abroad consulting can result in a fine of up to VND20,000,000. At the same time, organizations providing study abroad consulting services can also be subject to remedial measures such as being forced to adjust and correct false information on the organization’s website.
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