CONDITIONS TO WORK AT FOREIGN LANGUAGE CENTER IN VIETNAM FOR FOREIGNERS
Posted 09:28 Date 04/05/2021
In the age of the globalization, it is widespread in the need of communication, study, work and tourism for people from different countries. In response to the above-mentioned, language plays an important role as “the key of the connection” which satifies the need of international communicate. As a result, foreign language centers have been constituted throughout Vietnam. Managers recruits a number of foreigner employees in order to improve foreign language teaching quality as well as to help the students get closer to the native language. In this article, Phong & Partners Law firm will show regulations on conditions to work at foreign language centers for foreigners in Vietnam.

The process of issuing Work Permit for foreign teachers

Step 1: Registering need of foreign labor recruitment at the provincial People’s Committee

The foreign language center (the Center) must submit a report explaining the need of foreign lalor recruitment to the Department of Labor, War Invalids and Social Affairs or the provincial People’s Committee at least 30 days in advance from the date on which they expect to recruit foreign teachers.

Component profile:

  1. Document of registering the need of recruitment:
  • If the Center has never registered and received approval to employ foreign labors: use form No. 01 attached to Circular 18/2018/TT-BLDTBXH amending the circular regarding administrative procedures under the scope of state management function of the Department of Labor, War Invalids and Social Affairs;
  • If the Center has been approved to employ foreign workers and has a change in the need of employing foreign labors: use form No. 02 attached to Circular 18/2018/TT-BLDTBXH amending the circular regarding administrative procedures under the state management function of the Ministry of Labor, War Invalids and Social Affairs.
  1. Introduction Letter or Power of Attorney (in case the applicant is not the legal representative of the Center).

The profile must be submited directly at the Ministry of Labor, War Invalids and Social Affairs or the provincial People's Committee or the web portal system http://dvc.vieclamvietnam.gov.vn

Duration of processing: 15 working days (direct application) and 12 working days (online application).

Step 2: Preparation of profile for applying work permit

Component profile:

  1. The document for applying Work Permit (Form No.07 attached to Circular 40/2016/TT-BLDTBXH guiding Decree 11/2016/ND-CP of the Department of Labor, War Invalids and Social Affairs).
  2. A health certificate is issued by the competent foreign or Vietnamese medical agency or organization which was valid for 12 months from the signing date to the date of application of profile.

(If a foreigner has a physical examination in Vietnam, he/she needs to be examined at one of the hospitals on the list according to official dispatch 143/KCB-PHCN&GD February 5th, 2015 of the Department of Medical Examination and Treatment - Health enacting the list of eligible facilities for physical examination involving foreign elements according to Circular 14/2013/TT-BYT).

  1. The Criminal Record or the valid document issued by the foreign countries that certifies the foreign labor is not a criminal or is not prosecuted for criminal liability. In case of the foreign labor has been residing in Vietnam, it is only required the Criminal Record granted by Vietnamese competent agency. (The validity of Criminal Record is not more than 6 months from the date of issuance to the date of application of profile for work permit).
  2. 02 colour photo cards (4cm x 6cm, white background, straight and bare head, no colored glasses) taken within 06 months from the date of application of profile for work permit.
  3. An authenticated copy of passport or passport alternatives which is valid according to the provisions of law.
  4. Required one of the following qualifications:
  • Pedagogical college diploma in foreign language or higher, or college diploma in foreign language ​​or higher and appropriate foreign language training certificate;
  • College diploma or higher, foreign language proficiency certificate from level 5 or higher according to the framework of 6-degree foreign language ability used for Vietnam and the appropriate foreign language training certificate.

All documents issued by the foreign authorities must be consularly legalized, unless they are exempted from consular legalization under an international treaty of which the Socialist Republic of Vietnam and the involving foreign countries are members, or on the principle of reciprocity, or according to the provisions of law; and must be translated into Vietnamese and authenticated according to Vietnamese Law.

Step 3: Submit the profile for applying Work Permit

At least 15 working days in advance from the date on which the foreign labor expects to start working for the Center, the Center must fill in the declaration and submit the profile to the Authority of issuing Work Permit or the web portal system http://dvc.vieclamvietnam.gov.vn.

  • Number of profile: 01
  • The profile must be submited directly at the Department of Labor, War Invalids and Social Affairs or the provincial People's Committee or the web portal system http://dvc.vieclamvietnam.gov.vn
  • Duration of processing: 05 working days

Step 4: Sign the labor contract

After the foreigner is issued Work Permit, the Center shall conduct the following procedures:

  1. To sign labor contract with the person who is granted Work Permit;
  2. To pay health insurance for foreign labor.
  3. To report on the situation of managing foreign labor to the Department of Labor, War Invalids and Social Affairs.

Step 5: Issuing a temporary resident card

After the foreign labor is granted Work Permit, he/she must apply for a temporary resident card according to the term of Work Permit (maximum validity of 2 years).

Component profile:

  • The proposal document of the Center (the guarantee);
  • An application form for temporary resident card with photo: Form NA8 attached to Circular 04/2015/TT-BCA prescribing forms of papers related to entry, exit and residence of foreigners in Vietnam. This declaration is signed by the person applying for temporary residence card. The Center shall affix its stamp on the border of the photo and the declaration form and on the other side;
  • Passport of the applicant;
  • The Work Permit of the applicant;
  • 03 color photo cards (size 2cm x 3cm, white background, straight and bare head, no colored glasses) are taken within 06 months from the date of application;
  • Certification of temporary resident is certified by the local police;
  • Documents proving the legal status of the Center.

 

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SUNRISE BAY
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SUNRISE BAY
FAFIM
Pizza Hut
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