Generally, Vietnam’s education sector has many integrated education programs with foreign countries. Many foreign teachers come to Vietnam to teach with short-term and long-term programs. On the other hand, there are many foreign language centers with the investment and participation of foreign teachers across the country.Therefore, the question of how foreigners can participate in teaching in Vietnam is a concern of many people. Let us learn about this topic with LSX Law firm below.
Labor Code 2019
Some other legal documents
Requirements for foreigners to work in Vietnam
Accordingly, Clause 1,2; Article 15, Labor Code 2019 as follows:
A foreign employee means a person who has a foreign nationality and:
Firstly, is at last 18 years of age and has total legal capacity;
Secondly, has qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;
Thirdly, is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
Lastly, has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of this Labor Code.
In addition, the duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate the conclusion of multiple fixed-term labor contracts.
Consequently, to participate in the labor market in Vietnam, employees need to meet the above criteria under Vietnamese law.
Conditions for granting teaching permits for foreigners in Vietnam.
Foreigners; who want to work long-term in Vietnam; need to meet the conditions for granting a work permit. For foreign teachers teaching in Vietnam have to meet the following conditions:
Undoubtedly, have a work permit to work legally in the territory of Vietnam (if the teacher teaches for more than 3 months);
Being hired by a Vietnamese educational institution to guarantee work and stay under the provisions of law;
Besides, have sufficient documents to prove that the person is eligible; teaching experience in Vietnam (degrees, certificates of experience, professional certificates of teaching pedagogy…).
Furthermore, having papers proving health conditions and being subject to total civil act capacity; is not the subject of a crime or is criminally responsible.
The training institution must be approved in writing by the competent state agency to use foreign workers; Foreigners teach in Vietnam.
Procedures for applying for a teaching license for foreigners in Vietnam
Dossier of application for a permit for foreign workers to teach in Vietnam
Firstly, form No. 1- Circular 18/2018/TT-BLĐTBXH;
Moreover, form No. 7 – Circular 40/2016/TT-BLĐTBXH;
Also, Judicial Records; Health Certification; Photo 4cmx6cm;
Additionally, a valid copy of passport; University degree, teaching certificate;
Decision on the establishment of educational centers and institutions
Procedures for getting work permits granted to foreigners teaching in Vietnam
Step 1: Apply for written approval for the position of a foreigner teaching.
Apply at least 30 days in advance from the date the foreign teacher start to teach
The dossier includes: Form No. 1 of Circular 18/2018/TT-BLĐTBXH; also the decision to establish an educational center/institution or a business registration license; referral letter for the representative to carry out the procedure.
Place of application: Department of Labor, War Invalids, and Social Affairs of the province/city where the center/institution of education and training is located.
Step 2: Prepare documents to apply for a work permit for foreigners to teach in Vietnam.
Dossiers of application for a work permit are like above.
Step 3: Apply for a work permit for foreigners
There are three ways to apply as follow:
Firstly, you can submit your application online
Secondly, Apply directly at the receiving department of the competent authority
Lastly, using the service of making work permits for foreigners teaching in Vietnam
In this way; Foreigners authorize service providers to carry out the procedures for applying for a license on their behalf. This method is helpful for those who do not have experience in performing the procedure; or do not have time to process the application. If you want to be sure of the work permit result; but the application has problems; it is necessary to have experts to advise and assist in handling it.
Step 4: Receive the results and complete the procedure
If the dossier is complete and valid; Foreigners who teach in Vietnam will receive a work permit. On the contrary, if the dossier is incomplete and invalid, the competent authority will write to review the dossier and clearly state the reason.
Finally, hope the article is helpful for you to read!
For a foreigner to be able to work in Vietnam, it is necessary to meet the conditions specified in Clause 1, Article 159 of the Labor Code
Department of Labor, War Invalids, and Social Affairs is the agency competent to issue work permits.
There are 3 methods to apply for a work permit; including submitting directly at the receiving place; submitting through the portal; using the service of making work permits for foreigners.