Today, online education is a potential field in the Vietnamese market. However, many investors are still wondering how to do this business line by the law.
Therefore, in this article, HT will provide detailed information about the types of licenses required to run an online education business legally in Vietnam.
Contents
1. Investment Registration Certificate (IRC) (only for foreign investors)
According to the WTO Commitments Schedule, Vietnam has fully opened up to other educational services (CPC 929).
Pursuant to Decision No. 27/2018/QD-TTg, for other education not elsewhere classified (8559), teaching can be conducted in many different environments, such as at the units or client’s training facilities, educational institutions, workplaces, or homes, possibly through correspondence, television, internet, in classrooms or by other means.
Thus, foreign investors can establish a company with 100% foreign capital to conduct online education business with other education not elsewhere classified sector (8559).
Estimated time to be issued IRC: 15-20 working days from the date of application.
Issuing agency: Department of Planning and Investment of the province or central-affiliated city where the enterprise is located.
2. Enterprise Registration Certificate (ERC)
“Certificate of Enterprise Registration means a physical or electronic document bearing enterprise registration information provided for the enterprise by a business registration authority.”
Estimated time to be issued IRC: 5-7 working days from the date of application.
Issuing agency: Department of Planning and Investment of the province or central-affiliated city where the enterprise is located.
3. Notice of goods sale application with the Ministry of Industry and Trade (if applicable)
In case the company to be established uses its app (application) to teach online in combination with selling courses and paying money on that application, this application will be considered a goods sale application and must implement the notification procedure to the Ministry of Industry and Trade. In the case of using currently available application such as Google Meet, Zoom, Microsoft Team, etc., the procedure is not required.
Pursuant to Clause 2, Article 3 of Circular No. 59/2015/TT-BCT: “Goods sale application means an e-commerce application on mobile equipment established by a trader or an organization or individual serving its/his/her trade promotion activities, goods sale or service provision.”
Process of notification of goods sale applications
Step 1: The enterprise shall register for an account and log in on the e-commerce management portal (www.online.gov.vn) by providing the following information:
– The website owner’s name;
– Business registration No. of traders or Establishment decision No. of organizations, or personnel tax codes of individuals;
– Business lines;
– Addresses of traders and organizations’ head offices or permanent addresses of individuals;
– Contact information
Step 2: Within three working days, the enterprise shall receive results from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:
– If registration information for an account is adequate, the enterprise shall be granted an account and proceed Step 3:
– If registration is rejected or additional information is required, the enterprise shall carry out the registration again or provide additional information as requested.
Step 3: After being granted an account for access to the system, the enterprise shall carry out logging on, select goods sale e-commerce application registration and fill in the forms as instructed.
Step 4: Within three working days, the enterprise shall receive responses from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:
– Confirmations that the declared information is adequate and eligible;
– Notification that the declared information is inadequate or invalid; In this case, the enterprise shall return to Step 3 or providing additional information as requested. Within 10 working days since receipt of request for additional information in Step 4, if the enterprise doesn’t response, the notification dossier will be terminated and must proceed to notify the dossier from Step 3 again.
Step 5: After three working days from the date of receipt of complete and valid notification dossiers, the Ministry of Industry and Trade shall send to the enterprise via a registered email a code segment for insertion into the online shopping website and displayed onscreen as a “notified” sign.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Setting up an online education company.
Contact us
- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.