Currently, there are many foreigners coming to Vietnam to live and teach English. So do foreigners need permission to teach English in Viet Nam? Let’s find out this issue with LSX Law firm.
Labor Law 2019
Working conditions of foreigners
Foreign workers working in Vietnam must meet the conditions under Article 151 of the Labor Law 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 penalty or has not yet had his/her criminal record cleared; or is being examined for penal liability; accordingly 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 permission 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 demand to use labor
Accordingly Clause 2, Article 152 of the Labor Law 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.
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; 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 accordingly Form No01/PLI (issued together with Decree 152/2020/ND-CP above ).
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 Law 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 is expected 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.
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. In case the work permit is not granted; a written reply clearly stating the reason.
Accordingly the provisions of the law, the agency competent to issue work permits is:
– Firstly, ministry of Labor, War Invalids and Social Affairs;
– Secondly, department of Labor, War Invalids and Social Affairs.
Additionally, The determination of the agency in charge of the issue of a work permit is based on the type of enterprise or organization where the foreign worker works
Have full civil act capacity as prescribed by law;
Have health suitable for work;
Is a manager, executive director, specialist or technical worker;
Is not a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws;
Got the written approval of the competent state agency on the use of employees