Vietnam’s education system is undergoing increasing innovation, and alongside the demand for Vietnamese labor, many schools and language training centers, especially those focusing on foreign language instruction, have a high demand for hiring foreign teachers. foreigner teaching in Vietnam
Therefore, to help our customers better understand the conditions and procedures for foreigners to teach in Vietnam, .LawPlus would like to provide you with an article on the relevant legal regulations regarding this matter.
1. Conditions for foreigner working in Vietnam
According to the provisions of Article 151 of the Labor Code 2019, the conditions for foreigners to work in Vietnam include:
- Being a foreign national;
- Being at least 18 years old and having full civil capacity;
- Having professional qualifications, skills, expertise, work experience, and meeting the health requirements as prescribed by the Minister of Health;
- Not being under the execution of a criminal sentence or having their criminal record not yet expunged, or being pursued for criminal liability under the laws of foreign countries or Vietnamese law;
- Having a work permit issued by the competent state authority in Vietnam, except for cases exempted from a work permit as prescribed by the Labor Code.
In addition, when signing a labor contract with a foreigner, educational institutions should note that the duration of the labor contract must not exceed the duration of the work permit. When employing foreign workers in Vietnam, both parties can agree to enter into multiple labor contracts with specified terms.
2. Conditions for recruiting foreigner in Foreign Language Centers
According to the provisions of Article 151 of the Labor Code 2019, educational institutions are only allowed to recruit foreign workers for managerial, executive, and expert positions that Vietnamese workers have not yet met. Before recruiting foreign workers to work in Vietnam, educational institutions must explain the need for using foreign labor and obtain written approval from the competent state authority.
3. Conditions for Foreign Teachers teaching in Foreign Language Centers
According to the provisions of Clause 6, Article 18 of Circular 21/2018/TT-BGDĐT, foreigners are eligible to teach foreign languages if they meet one of the following criteria: foreigner teaching in Vietnam
- Having a college degree or higher in foreign language education;
- Having a college degree or higher in foreign languages and a suitable foreign language teaching certificate;
- Having a college degree or higher, a foreign language proficiency certificate at level 5 or higher according to the 6-level foreign language proficiency framework for Vietnam or its equivalent, and a suitable foreign language teaching certificate.
4. Required Licenses for Foreigner teaching in Vietnam
To teach in Vietnam for an extended period, foreign nationals must have the following documents:
4.1. Work Permit
A work permit is a document issued by the competent authority in Vietnam, specifically the Department of Labor, War Invalids and Social Affairs, allowing foreigners to work legally in Vietnam. To obtain a work permit, foreigners must submit a work permit application on behalf of the sponsoring institution (educational institution).
The procedure for obtaining a work permit consists of two steps:
Step 1: Explaining the need for employing foreign labor.
Step 2: Applying for a work permit for foreign teachers in Vietnam. foreigner teaching in Vietnam
In addition to the regular work permit application documents, foreign teachers in Vietnam need to provide:
- A degree issued by the competent authority meeting the requirements of the Education Law, Higher Education Law, Vocational Education Law, and regulations on the organization of foreign language and computer training centers issued by the Minister of Education and Training;
- Documents related to the sponsoring institution: Decision to establish the center, educational institution.
Note: The duration of the work permit is not more than 2 years.
- For foreign workers employed under labor contracts, after obtaining a work permit, both the educational institutions .and the foreign workers must sign a written labor contract in accordance with the regulations of .Vietnamese labor law before the scheduled date of work.
- The educational institutions must send the signed labor contracts upon request to the competent authority that issued the work permit. The labor contract should be an original copy or a certified copy.
4.2. Temporary residence card
The temporary residence card (TRC) is not a mandatory document for foreigners. However, to reside long-term in Vietnam, foreigners are advised to apply for a temporary residence card. For foreign teachers in Vietnam, the work permit and entry visa are two mandatory documents required to complete the application for a temporary residence card. Therefore, the temporary residence card is the final step for foreigners to live and work legally in Vietnam. Typically, for the labor category, a temporary residence card will be issued with the code LĐ2 .
The validity of the temporary residence card will coincide with the validity. of the work permit or may be shorter, depending on the needs of the foreigner. For the document requirements and procedures for applying for a temporary residence card, please refer here.
The above are the legal regulations regarding the conditions and procedures for foreign individuals to teach in Vietnam. For further understanding of related issues, please contact the hotline at 02862 779 399, 0965052039, via email at info@lawplus.vn, or visit the LawPlus office for direct consultation.