Do foreigners need a permit to teach English in Viet Nam?

Currently, there are many foreigners coming to Vietnam to live and teach English. So do foreigners need a permit when they want to teach English? Let;s find out with LSX Lawfirm.

Legal grounds

Labour Law 2019

Decree 152/2020/ND-CP

Working conditions of foreigners

Foreign workers working in Vietnam must meet the conditions under Article 151 of the Labor Code 2019 as follows:

– Being 18 years or older and having full civil act capacity;

– Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;

– Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;

Having a work permit issued by a competent Vietnamese state agency, except for the case where the foreign worker working in Vietnam is not subject to a work permit as prescribed in article 154 of this Law.

Do foreigners need a permit to teach English?

Centers employing foreign workers need to apply for a work permit and must carry out the following procedures:

Step 1: Explain the need to use labor

Accordingly Clause 2, Article 152 of the Labor Code 2019, before recruiting foreign workers to work in Vietnam, they must explain their need to employ workers and obtain written approval from competent state agencies. permission.

Pursuant to Article 4 of Decree 152/2020/ND-CP at least 30 days before the expected date of employment of foreign workers, the employer (except for contractors) is responsible for determining the demand for employment of foreign workers for each job position that Vietnamese workers have not yet met and report to explain to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province or centrally run city, where the foreign worker has expectation to work according to Form No. 01/PLI (issued together with Decree 152/2020/ND-CP above )

Besides, the Ministry of Labor – Invalids and Social Affairs or the People’s Committee of the province shall issue a written approval or disapproval of the employment of foreign workers for each job position within 10 working days from the date of receipt of the notice. report explaining the need to use foreign workers.

Step 2: Apply for a work permit

Accordingly Article 151 of the Labor Code 2019, foreign workers working in Vietnam must have a work permit issued by a competent Vietnamese state agency. The application file for a work permit for foreign workers is specified in Article 9 of Decree 152/2020/ND-CP.

At least 15 days before the date the foreign worker has expectation to start working in Vietnam, the applicant shall submit an application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor and War Invalids. and Society where the foreign worker has expectation to work.

Besides, within 5 working days from the date of receipt of a complete application for a work permit, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the employee have expectation to work. issue work permits to foreign workers. In case of refusal to issue a work permit, a written reply clearly stating the reason.

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