FOREIGN TEACHERS TEACH ENGLISH AT THE CENTER ON TOURIST VISAS, WITHOUT WORK PERMITS AND PEDAGOGICAL QUALIFICATIONS: WHAT FINE DOES THE CENTER BEAR?

The use of foreign teachers who are not legally qualified to teach not only violates regulations on education and labor but also poses many potential risks to the quality of training, the interests of students and the reputation of foreign language centers.

1. Summary of the actual situation (The Case)

Through parents’ feedback, Foreign Language Center X promotes 100% native teachers, committing to teaching according to international standards. However, during the inspection, the authorities discovered that a foreign teacher was directly teaching English but entered the country on a tourist visa, had not been granted a work permit, and at the same time failed to present a diploma, professional certificate or pedagogical degree as prescribed.

The incident raises concerns about the legality of teaching activities, the quality of training and the responsibility of the center in recruiting and employing foreign workers.

Let’s analyze a real situation below with MSc. Nguyen Huu Long to find a complete solution both logically and emotionally.

2. Legal perspective – “Solid shield”

From a legal perspective, the teaching activities of foreign teachers in Vietnam must simultaneously meet the conditions of the law on education and labor law. The improper use of foreign workers can give rise to legal liability for both individuals and employers.

Regulations on conditions for quality assurance of educational activities

According to Clause 3, Article 22 of the Law on Education 2019 (amended and supplemented in 2025), educational activities must ensure the conditions for the contingent of teachers, education administrators and other necessary conditions as prescribed by law to ensure the quality of education. Therefore, educational institutions and foreign language centers are responsible for recruiting and arranging teachers who fully meet professional and legal standards as prescribed.

Principles of using foreign workers in Vietnam

According to Clause 1, Article 151 of the Labor Code 2019:

“Article 151. Conditions for foreign workers to work in Vietnam

1. Foreign workers working in Vietnam are foreign nationals and must meet the following conditions:

a) Be full 18 years of age or older and have full civil act capacity;

b) Having professional qualifications, techniques, skills and working experience; have sufficient health as prescribed by the Minister of Health;

c) Not being a person who is serving a penalty or has not yet had his criminal record expunged or is being examined for penal liability under the provisions of foreign law or Vietnamese law;

d) Having a work permit issued by a competent state agency of Vietnam, except for the case specified in Article 154 of this Code.”

Apply to the situation

In this case, if the foreign teacher is teaching on a tourist visa, does not have a work permit and does not meet the professional standards as prescribed, the center has shown signs of using foreign workers not in accordance with the law.

Legal conclusion: Foreign language centers are responsible for ensuring that foreign teachers fully meet professional and working conditions before arranging teaching. In case the teacher is employed on a tourist visa, does not have a work permit and does not meet the prescribed standards, the center may be handled according to the current law, depending on the specific violation.

3. Perspective of Psychology – Education – Governance – “The Key to Humanity”

Psychological & Educational Aspects (Ethics of Conduct)

In fact, many parents have a mentality of prioritizing choosing promotion centers with “native teachers”, even implicitly assuming that foreigners will teach better than domestic teachers. It is this “Western” mentality that sometimes makes parents pay little attention to the legal conditions, pedagogical qualifications and actual teaching capacity of teachers.

In terms of asset risk management

The recruitment of foreign teachers to teach “underground” with tourist visas reflects serious gaps in the center’s human resource management. In addition to the risk of administrative sanctions, suspension of operations or forced termination of the use of violating workers, the center also faces the risk of loss of reputation, complaints from parents and disputes over training contracts.

4. Comprehensive solution of Expert Nguyen Huu Long

On the basis of analyzing the case, MSc. Nguyen Huu Long proposed three groups of solutions to improve the quality of management for foreign language centers using foreign teachers:

Step 1 – Standardize the process of recruiting foreign teachers: The Center must fully check personal records, passports, visas, work permits, professional diplomas, pedagogical certificates and only arrange teaching when fully meeting the conditions prescribed by law.

Step 2 – Transparency of information with parents and students: Disclosure of teachers’ qualifications, nationalities, and professional certificates; do not use misleading advertising or deliberately conceal the legal status of the teaching staff.

Step 3 – Strengthen compliance governance and internal audit: Develop a mechanism for periodic review of legal records of foreign teachers; assign a specialized department to monitor the duration of visas and work permits and fully coordinate with the education and labor inspection agencies when there is a request for inspection.

Message: “The quality of education is not measured by the nationality of teachers, but by professional competence, professional ethics and compliance with the law. Transparency in recruitment is the foundation for building parents’ trust and ensuring the sustainable development of educational institutions.”

EXPERT PERSPECTIVE:

This article is based on the professional consultation and advice of MSc. Nguyen Huu Long – Expert in Leadership, Legal, Psychology & Education. With a multi-disciplinary integrated mindset, we not only provide a solid legal shield but also provide comprehensive risk management and psychological empathy solutions for the sustainable development of the community.

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