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Conditions for establishing a foreign language center and procedures

Conditions for applying for a license to operate a foreign language center under Decree 46/2017 / ND-CP. Instruct enterprises on how to prepare documents and steps to implement procedures for establishing a language center at the Department of Education and Training where business activities are conducted in foreign language centers. How to register a business to establish a language center.

When establishing a foreign language center, enterprises should pay attention to the registration of business lines in the form of:

1. Select the other 8559 education codes that have not been classified yet.
2. Detail: Foreign language center in business lines, avoid errors like some enterprises only write “teaching foreign languages ​​and conversation skills” as guided by Decision 337/2007 / QD- MPI.
3. Newly established enterprises are usually not certified by the Business Registration Office (in which there are business lines), so it is necessary to complete the application for this paper.

Competence to grant licenses for operation of foreign language centers

1. The Chairman of the provincial People’s Committee or the Director of the Department of Education and Training (if authorized by the Chairman of the provincial People’s Committee) shall decide on foreign language and informatics centers; foreign language and informatics centers of intermediate schools; foreign language and informatics centers proposed to be established by organizations and individuals;
2. Directors of universities and institutes, principals of universities and colleges shall decide on dependent foreign language and informatics centers operating their units.
3. Heads of social organizations, socio-professional organizations and economic organizations are permitted by law to set up their attached training centers to decide on foreign language and information centers. subordinate learning.

For foreign language center activities under the enterprise, the licensing authority is usually the Director of the Department of Education and Training. The validity of licenses for activities of semi-professional foreign language centers is only 01 year and extended many times.

Application file for licensing of foreign language center

1. Proposal for licensing educational activities;
2. A decision to establish a center shall be issued by a competent person;
3. Rules of educational activities of the center;
4. Report on office equipment; classrooms, practice rooms, training establishments, which must have documents evidencing the lawful use of land and houses; funding sources to ensure operation of the center;

5. Curriculum, syllabus, teaching materials;
6. List of extracts from the contingent of managers and teachers participating in teaching;

7. Regulations on tuition and fees;
8. The certificate will be issued to students at the end of the course.

Steps to implement the procedure for granting a license for a foreign language center

• Step 1: Enterprises and organizations registering for operation of foreign language centers submit their applications at a department of the Department of Education and Training.
• Step 2: Within 5 working days from the date of receipt of the dossier, the competent person defined in Clause 1 of this Article shall receive the dossier. If the dossier is not in compliance with the regulations, notify in writing the contents that need to be amended and supplemented to the center;
• Step 3: Within 10 working days, from the date of receiving the dossier as prescribed, the authorized person defined in Clause 1 of this Article shall coordinate with the concerned agencies and units in organizing the evaluation. in fact the ability to meet the prescribed conditions and record the results in the appraisal minutes;
• Step 4: Within 05 working days, from the date of appraisal results, the competent person defined in Clause 1, Article 49 of Decree 46/2017 / ND-CP decides to allow the operation center sex. If the decision to authorize the educational activity has not been decided, a written notice is given to the center stating the reasons.

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Quote: Answer 02 / GDĐ-TANDTC on 09/19/2016

• In case of an unequivocal decision which clearly violates the legal rights and interests of the litigant and must cancel that decision, it will ensure proper settlement of the civil case and the cancellation of such decision does not change jurisdiction to resolve civil cases, the Court is resolving civil cases continue to resolve and consider canceling that decision.
• In cases where consideration of cancellation of such decision leads to a change in the competence to settle civil cases determined according to relevant provisions of the Administrative Procedure Law regarding the competence of the provincial-level People’s Court, the People’s Court shall grant The district is accepting the resolution of civil cases must transfer the case to the provincial People’s Court to resolve and consider canceling the decision.

Excerpt: Resolution 02/2016 / NQ-HDTP, effective on August 1, 2016

• The marriage and family case has been handled by the Court before July 1, 2016 and the Judge and the specialized Court are settling it, the Judge and the specialized Court continue to resolve it without transferring it to the Court. family and juveniles.
• The marriage and family case accepted by the Court from July 1, 2016, in the Court held a Family Court and juvenile court, the Family Court and juvenile court resolution of the Court, if the Court has not yet held a Family Court and a minor, the Chief Judge of the Court has the responsibility to assign a specialized Judge to resolve.

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STATUTE of SUE AT CIVIL COURT

Excerpt: Resolution 02/2016 / NQ-HDTP, effective on August 1, 2016. Article 4. Application of laws on statute of limitations for initiating lawsuits and statute of limitations for handling civil cases, marriage and family cases, business, commerce, labor and administrative cases When accepting and resolving civil, marriage and family, business, trade, labor and administrative cases, it should be noted as follows:

1. The time when a dispute arises, civil, marriage and family, business, trade and labor requirements specified in Article 2 of Resolution No. 103/2015 / QH13 are the date of initiation of a lawsuit, the date of request. . The determination of the date of initiation of a lawsuit, the date of request shall comply with the provisions of Clauses 2, 3 and 4, Article 190 of the Civil Procedure Code No. 92/2015 / QH13.
2. The time of administrative case arising in Article 2 of Resolution No. 104/2015 / QH13 is the date of lawsuit. The determination of the date of initiation of lawsuits shall comply with the provisions of Article 120 of the Law on Administrative Procedures No. 93/2015 / QH13.
3. Provisions on statute of limitations for initiating lawsuits and statute of limitations required in Article 159 and Point h, Clause 1, Article 192, Law on Civil Procedure No. 24/2004 / QH11, amended and supplemented under Law No. 65/2011 / QH12 is applied until the end of December 31, 2016 to accept, resolve civil cases, marriage and family, business, trade and labor.
4. From January 1, 2017, the Court applied the provisions of the Civil Procedure Code No. 92/2015 / QH13, Civil Code No. 91/2015 / QH13 and other relevant laws on the statute of limitations lawsuits and statute of limitations are required to process and settle civil, marriage and family, business, trade and labor cases.

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GRANTING LICENSES FOR ESTABLISHING REPRESENTATIVE OFFICE

• Decree 07/2016 / ND-CP dated January 25, 2016, effective from March 10, 2016, detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam. (This Decree replaces Decree No. 72/2006 / ND-CP)
• Circular 11/2016 TT-BCT dated 05/07/2016 (Effective from August 20, 2016) regulating the form to implement Decree 07/2016, abolishing the Circular 11/2006

Article 10. Dossiers for grant of representative office establishment permits

1. Profile 01 set including:

a / An application for a license to set up a representative office, made according to a form set by the Ministry of Industry and Trade, signed by a competent representative of a foreign trader;

b) A copy of the business registration certificate or equivalent paper of the foreign trader;

c) The document of the foreign trader appointing / appointing the head of the Representative Office;

d) Copies of audited financial statements or documents certifying the performance of tax or financial obligations in the latest fiscal year or equivalent papers of competent agencies or organizations where established foreign traders grant or certify the existence and operation of foreign traders in the latest fiscal year;

d) A copy of the passport or identity card or citizen identification card (if it is Vietnamese) or a passport copy (if being a foreigner) of the head of the Representative Office;

e) Documents on the expected location of the Representative Office include:

• A copy of the memorandum or agreement on location lease or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
• A copy of the document on the expected location of the Representative Office in accordance with Article 28 of this Decree and relevant laws.

2. Documents specified at Point b, Point c, Point d and Point d (for cases of passport copies of heads of representative offices being foreigners) Clause 1 of this Article must be translated into Vietnamese and authenticated in accordance with Vietnamese law. Documents specified at Point b, Clause 1 of this Article must be certified or consularized by Vietnamese diplomatic missions or consulates abroad according to the provisions of Vietnamese law.

Article 11.- Order and procedures for granting representative office establishment licenses

1. Foreign traders shall submit dossiers directly or by post or online (if eligible) to the Permit-granting agencies of the localities where they intend to set up their representative offices.
2. Within 03 working days from the date of receipt of the dossier, the issuing agency shall grant the inspection license and additional requirements if the dossier is incomplete and valid. The request for additional records is made up to a maximum of once during the application process.
3. Except as stipulated in Clause 4 of this Article, within 7 working days from the date of receipt of a complete and valid dossier, the License Issuing Authority shall grant or not to grant a License to establish a Representative Office to a trader. foreign. In case of refusing to grant a license, there must be a document stating the reason.

Article 9. Duration of License for establishing Representative Office, License for establishing Branch

1. A license for establishment of a representative office or a branch’s establishment license is valid for 5 years but does not exceed the remaining term of the business registration certificate or the paper of equivalent value. Foreign traders in case of such documents have regulations on time limits.
2. The term of a License to establish a Representative Office or a License to establish a Branch shall be re-issued within the time limit of the previously granted License.
3. The term of a representative office establishment license or branch establishment license shall be extended as prescribed in Clause 1 of this Article.

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The Enterprise Law 2014 (effective July 1, 2015) regulates the order and procedures for dissolution of enterprises in Article 202

“Article 202. Order and procedures for dissolution of enterprises

The dissolution of enterprises in the cases specified at Points a, b and c, Clause 1, Article 201 of this Law shall comply with the following provisions:

1.Approving the decision to dissolve the enterprise. The decision on dissolution of an enterprise must contain the following main contents:

• Name and address of the head office of the enterprise;
• Reason for dissolution;
• Time limit and procedures for liquidation of contracts and payment of debts of enterprises; the time limit for debt payment and contract liquidation must not exceed 6 months from the date of adoption of the dissolution decision;
• Plan of handling obligations arising from labor contracts;
• Full name and signature of the legal representative of the enterprise.

2. The owner of a private enterprise, the Members’ Council or the company owner, and the Board of Management shall directly organize the liquidation of the enterprise’s assets, except where the company’s Charter stipulates the establishment of a separate liquidation organization.

3. Within 07 working days from the date of approval, the dissolution decision and the meeting minutes must be sent to the business registration agency, tax agency and laborers in the enterprise, and post dissolution decision. on the National Information Portal on business registration and must be posted publicly at the head office, branches and representative offices of the enterprise. In cases where enterprises still have unpaid financial obligations, they must enclose with the decisions on dissolution of debt settlement plans to creditors and persons with related rights and obligations. The notice must include the name and address of the creditor; debt amount, term, location and method of payment of such debt; ways and deadlines for settlement of creditors’ complaints.

4. The business registration body must notify the status of an enterprise doing procedures for dissolution on the National Business Registration Portal right after receiving the dissolution decision of the enterprise. The notice must be posted with dissolution decision and debt settlement plan (if any).

5. Debts of the enterprise are paid in the following order:

• Debts of wages, severance allowances, social insurance according to the provisions of law and other interests of laborers according to the signed collective labor agreements and labor contracts;
• Tax debts;
• Other debts.

6. After all debts and dissolution costs have been paid, the remainder is divided to the owner of the private enterprise, members, shareholders or company owners according to the percentage of ownership of the contributed capital. , share.

7. The legal representative of an enterprise shall send a request for dissolution to the business registration body within 05 working days from the date of paying all debts of the enterprise.

8. Within 180 days from the date of receipt of the dissolution decision under Clause 3 of this Article without receiving comments on dissolution from the enterprise or the related party’s objections in writing or within 5 days Working from the date of receipt of the dissolution dossier, the Business Registration Agency updates the legal status of the enterprise on the national database of business registration.

9. The Government shall detail the order and procedures for dissolution of enterprises.

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With high value goods such as real estate, investors also need more capital to ensure their business, stable capital turnover. In order to conduct real estate business, the investor must establish an enterprise or a cooperative with a legal capital of not less than VND 20 billion (According to Article 10 of the Law on Real Estate Business 2014).

For households and individuals doing small and irregular real estate business, they are not required to establish enterprises but must declare and pay taxes fully. Real estate investors who do not establish enterprises in accordance with regulations, may be fined with a fine of between VND 50 million and VND 60 million in accordance with Article 57 of Decree 139/2017 / ND-CP.

• Foreign organizations and individuals eligible to own houses in Vietnam can only buy and rent houses from investors of housing construction projects;
  
• Foreign organizations and individuals can own no more than 30% of the total number of apartments of an apartment building;
  

In case there are many apartment buildings for sale or lease in a ward or equivalent administrative unit, foreign organizations and individuals may own no more than 30% of the apartments of each apartment building and no more than 30% of the total apartments of all apartment buildings.