Conditions for establishing a foreign language center

Currently, the problem of learning foreign languages has become very necessary for students, students as well as working people. In order to meet the needs of society, many foreign language centers have been established to train many different languages: English, Korean, Chinese, Japanese… For any form. Any business, the establishment and operation must comply with the provisions of current law. In the following article, Vo & Associates will bring to us the necessary information about the conditions to establish a foreign language center.

1. Basic concept

Currently, foreign language teaching is being carried out in two forms, namely teaching foreign languages ​​online and teaching foreign languages ​​in centers. Decree 125/2024/ND-CP does not have specific regulations to clearly separate the form of foreign language center activities, whether in person or online. However, when you want to teach foreign languages ​​online, you still have to ensure certain conditions, including the guarantee of facilities and staff. Therefore, the establishment of a foreign language center is really necessary.

• What is a language center?

Pursuant to Article 2 of Circular 21/2018/TT-BGDDT dated August 21, 2018: “Foreign language and informatics center is a continuing education institution under the national education system, including:

1.A public foreign language and informatics center is established by the State and ensures operating conditions as prescribed by law, has legal status, has its own seal and account.

2. A private foreign language and informatics center established by a domestic organization or individual and ensuring operating conditions as prescribed by law has a legal person status, its own seal and its own account.

3. Foreign-invested foreign language and informatics centers are wholly or partially invested by foreign economic organizations or individuals to establish and ensure operating conditions as prescribed by law. , are allowed to use their own seal and account.”.

2. Regulations on conditions for establishing foreign language centers

·       Subjects with the right to establish foreign language centers

In Article 2 of Circular 21/2018/TT-BGDDT, there are 3 types of foreign language centers:

“The foreign language center established by the State;

Foreign language centers established by domestic organizations and individuals;

A foreign language center established in whole or in part by a foreign individual or foreign organization;”

Thus, individuals with full civil act capacity and socio-economic organizations can establish foreign language centers in accordance with law.

·       Authority to establish foreign language centers

As for the authority to establish a foreign language center, as provided for in Article 44 of Decree 125/2024:

“a) A council of a university, academy; or council of a higher education institution or a pedagogy college has power to issue a decision on establishment of the center located within its precincts;

b) The Director of the Department of Education and Training has power to decide the establishment of affiliated centers; give permission for establishment of centers affiliated to universities, academies, higher education institutions and pedagogy colleges and located outside their precincts; give permission for establishment of centers at the request of organizations and individuals”

3. Conditions for establishing a foreign language center

Pursuant to Article 43 of Decree 125/2024/ND-CP on conditions for foreign language and informatics centers for educational activities to operate, must meet the following requirements: meet the following conditions:

+ Have a site, facilities, classrooms, functional rooms and teaching and learning equipment meeting requirements for provision of continuing education curriculums at the center.

+ Have education curriculums, syllabuses and learning materials that meet requirements for continuing education curriculums provided at the center according to regulations promulgated by the Ministry of Education and Training.

+ Employ adequate administrative officers, teachers, staff and employees that meet standards in order to satisfy requirements for each continuing education curriculum provided at the center according to regulations promulgated by the Ministry of Education and Training.

+ Have the draft statutes of organization and operation of the center.

Dossier to apply for a license to establish a foreign language center

According to the provisions of Clause 2, Article 44 of Decree 125/2024/ND-CP, an application for a license to establish a foreign language center includes:

• a) A written request for establishment or permission for establishment of the center (according to Form No. 01 Appendix I enclosed with this Decree);
• b) A proposal for establishment or permission for establishment of the center (according to Form No. 02 Appendix I enclosed with this Decree);
• c) Copies of legal documents proving land use rights and house ownership or agreement on rental of location for the center;
• d) A legal confirmation document on the amount of investment in establishment of the center affiliated to an university, academy, higher education institution or pedagogy college and located outside its precincts or the center proposed to be established by an organization/individual, ensuring legitimacy and conformity with the estimated scale at the time of application for establishment;
• dd) Draft statutes of organization and operation of the center, specifying legal status, missions and powers of the center; organization and management structure; organization of educational activities; tasks and rights of administrative officers, teachers, staff, employees and learners; finances and assets of the center; other issues related to organization and operation of the center.

However, besides applying for an operation license, the foreign language center needs to have a fire prevention and fighting license in accordance with the law to be able to put the center into operation (because this is a regulated business line). to sue). Legal regulations on applying for a fire prevention and fighting license for a foreign language center stipulated in Law on fire and rescue 2024.

The above information reflects the views of the lawyers and is provided for informational purposes only, not as legal advice. Vo & Associates shall not be responsible for any circumstances.

Contact Information

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Best regards./.