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Conditions for establishing foreign-invested language center in Vietnam
Foreign investors who want a foreign language training center in Vietnam need to meet the conditions prescribed by the WTO and according to the laws of Vietnam. In this article, we – Inco Minh Anh Law Firm advise foreign investors on the conditions for establishing foreign-invested language center in Vietnam..
Firstly, conditions according to WTO regulations
According to WTO regulations, the conditions for establishing a foreign-invested foreign language center (CPC 929 including foreign language training) are: Foreign teachers working at training institutions must have at least 5 years teaching experience and must be professionally recognized by the Ministry of Education and Training of Vietnam.
Second, the conditions for establishment in accordance with Vietnamese law
Foreign-invested foreign language centers in accordance with Vietnamese law are short-term training and retraining establishments (Article 28 of Decree 86/2018/ND-CP). According to the provisions of Decree 86/2018/ND-CP, conditions for foreign-invested foreign language centers include:
The first condition, regulations on naming:
The name of the foreign-invested foreign language center is arranged in the following order: “Education or training center”, “Main training branch or group” and proper name. The proper name of the foreign-invested educational institution must not coincide with or cause confusion with the name of the registered educational institution, with the name of the enterprise implementing the investment project; do not use words and symbols that violate the historical, cultural, ethical and fine traditions of the Vietnamese nation. The foreign-invested educational institution has its transaction name in Vietnamese and its international transaction name in English (or in another common foreign language) with equivalent content.
The second condition, the investment rate:
Minimum investment rate is 20 million VND/student (excluding land use costs). The minimum total investment capital is calculated based on the time with the highest expected scale.
The third condition, the condition of facilities:
Having appropriate classrooms in terms of lighting, furniture, equipment and teaching aids; Having an area used for learning and teaching to ensure an average of at least 2.5 m2/learner; There are offices of the board of directors, leaders, teacher’s rooms, libraries and other functional rooms. In case of leasing facilities, the above conditions must be satisfied and the lease is stable for a period of at least 5 years.
The fourth condition, the educational program condition:
The educational objectives must be presented, without any content harmful to national defense and security or the interests of the community; not propagate religion, distort history; does not adversely affect the culture, morality, fine customs and traditions of Vietnam.
The fifth condition, the teacher’s condition:
Teachers must have at least a college degree or equivalent, with a training discipline relevant to their assigned teaching expertise; The maximum student/teacher ratio is 25 students/teacher. Standards for teachers specified in Circular 21/2018/TT-BGDĐT are as follows:
Vietnamese teachers must meet one of the following criteria:
- Having a college degree in foreign language pedagogy or higher;
- Having a college degree in foreign languages or higher and a certificate of pedagogy.
Teachers who are native speakers of foreign languages (for each specific foreign language):
Possess a college degree or higher and an appropriate certificate of training in foreign language teaching.
The teacher is a foreigner (non-native speaker) who meets one of the following criteria:
- Having a college degree in foreign language pedagogy or higher;
- Having a college degree in a foreign language or higher and an appropriate certificate of foreign language teaching;
- Having a college degree or higher, a certificate of foreign language ability of level 5 or higher according to the 6-level foreign language competency framework for Vietnam or equivalent and an appropriate certificate of foreign language teaching.
The sixth condition, the center director’s condition:
The director of the center must simultaneously meet the following criteria (Article 6 of Circular 21/2018/TT-BGDDT):
- Have a good character;
- Having management capacity;
- Graduated from a foreign language university or graduated from university with a foreign language certificate of at least level 3 according to the 6-level Foreign Language Competency Framework for Vietnam or equivalent
- Having experience in the field of education, training and certification.
The above are all conditions for foreign investors when establishing a foreign language center in Vietnam; In the next article, we will guide Investors in the process and procedures for establishing a Foreign Language Center. Follow us for advice, support on investment, business, real estate,… in the fastest way.
INCO MINH ANH CO., LTD
Hotline: 0982674857
Email: [email protected]
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MONTHLY PAYMENT OF SOCIAL INSURANCE PAYMENT FROM SEPTEMBER 2021
Law on Social Insurance 2014, amended and supplemented in 2018 stipulates that “The monthly salary on which social insurance premiums are based will be the salary plus salary-based allowance and other amounts as prescribed in the labour law”. In labor contracts, besides the salary, the agreement about payment of social insurance is an issue of particular concern to the employer and the employee and there are still many unclear points. We, a law consulting firm Inco Minh Anh, will analyze and clarify in this article based on new circulars issued by the Ministry of Labor, War Invalids and Social Affairs.
Firstly, the amounts included in the monthly salary to pay social insurance premiums (mandatory) include:
1. The salary by job or title is the salary calculated according to the time of the job or title according to the salary scale and salary table developed by the employer in accordance with the law; for employees who are paid by product or package salary, it is the salary calculated over time to determine the product unit price or package salary;
2. Salary-based allowance to compensate for factors on working conditions, job complexity, living conditions, and level of labor attraction that the salary agreed in the labor contract has not been taken into account or calculated not enough.
3. Other amounts can determine the specific salary along with the salary agreed in the labor contract and pay regularly in each pay period.
The amounts included in the monthly salary on which social insurance premiums are based are regular incomes, and it is easy to determine a specific amount. This makes it easy for enterprises to determine the insurance payment obligation for each employee. At the same time, the insurance agency also easily manages the declaration and payment of social insurance.
Second: Amounts not included in the monthly salary to calculate the payment of social insurance (stipulated in Circular 06/2021/TT-BLDTBXH effective from September 1, 2021) include:
Bonuses; initiative bonus; mid-shift meal; allowances for petrol, phone, transportation, housing, child care, and child rearing; support when the employee has a dead relative, the employee has a married relative, the employee’s birthday, allowances for the employee in difficult circumstances when suffering from a work accident, occupational disease and other allowances that are recorded in a separate amount in the labor contract.
Thus, not all incomes recorded on labor contracts are included in the monthly salary on which social insurance premiums are based. Therefore, employers need to understand these provisions in order to stipulate salaries, expenses, and support for employees in accordance with the demand of the business as well as to ensure the provisions of the law.
In reality, many enterprises are confused in determining the amounts included in the monthly salary on which social insurance premiums are based, leading to the result of miscalculation of the insurance obligation. In case the enterprise determines the monthly salary on which social insurance premiums are based, including optional amounts, it will lead to an increase in the obligation for both employees and employers. In case, due to an error, there is a lack of calculation of the amounts included in the monthly salary on which social insurance premiums are based, the enterprise may be sanctioned for the act of improperly paying social insurance premiums when the insurance agency checks their business.
Thirdly, about pay grades, each salary-based allowance and other amounts, the law does not stipulate a minimum or maximum level
The current Labor Code prefers the agreement between the parties and the regulations of the enterprise. Article 103 of the Labor Code 2019 stipulates that: “Regimes on wage raise, wage rank promotion, allowances and subsidies and incentive regimes for employees shall be agreed upon in labor contracts and collective labor agreements or regulations of employers”. Therefore, the employee’s monthly salary on which social insurance premiums are based depends on the agreed salary by the parties recorded in the labor contract (not lower than the regional minimum salary) and other regulations of the enterprise. When declaring and paying social insurance premiums, employers need to pay attention to the above provisions not only for ensuring their interests but also ensuring complying with the law.
Enterprises and employees have questions about regulations related to labor law, labor agreement, social insurance in Vietnam, need to learn and update new points of labor law, legal insurance law or have any other legal advice needs, please contact us immediately:
INCO MINH ANH CO., LTD
Email: [email protected]
Best regards!
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Guidance on the application of the Labor Code 2019
Time is counted as hours of paid work according to the Labor Code 2019
Mid-hour breaks are counted into working hours when working in continuous shifts;
Take breaks according to the nature of the job;
Rest required during labor included in the labor norm for human physiological needs;
Take a 60-minute break every day for a female employee nursing a child under 12 months old;
Take a 30-minute break every day for female employees during menstruation;
The time to stop working is not due to the employee’s fault;
Training time for labor safety and hygiene;
Time of meeting, study, training is at the request of the employer or agreed by the employer;
Time for meetings, study and training sessions by the superior trade union summons part-time trade union officers according to the law provisions on trade union;
The duration of the employee’s health check-up and occupational disease check-up according to the provisions of law.
Time is considered the working time of the employee to calculate the number of annual leave days according to the Labor Code 2019
Apprenticeship period, if the employee continues to work for the employer after finishing the apprenticeship period.
The probationary period, if the employee continues to work for the employer under the labor contract after finishing the probation period.
Separate paid leave time according to Clause 1, Article 115 of the Labor Code 2019
The period of unpaid leave, if agreed by the employer, must not exceed 01 month.
The time of suspicion of labor accident or occupational disease but the cumulative time must not exceed 6 months.
The time off due to sickness but the cumulative time must not exceed 02 months.
The period of leave to enjoy the maternity benefits in accordance with the law on social insurance
Time off for union activities which is counted as working time in accordance with the law on trade union.
The time to stop working or resign is not due to the employee’s fault. Time off because of work suspension but not subject to labor discipline.
Time of being held in custody or temporary detention but being allowed to return to work due to conclusions of competent state agencies
Register Labor regulations
Enterprises with 10 or more employees must issue the Labor regulations in accordance with the law with the labor-specialized agency of the provincial People’s Committee or the labor-specialized agency under the district-level People’s Committee (authorized by the labor-specialized agency of the provincial People’s Committee). On the basis of the Labor Code 2019, the Ministry of Labor, Invalids and Social Affairs issued Decision 338 / QD-LĐTBXH dated March 17, 2021 providing the procedures for registration of the Labor regulations as follows:
Step 1: Submit the application to the specialized agency
Within 10 days from the date of issuance of the Labor regulations, the employer shall submit 01 set of dossier to the specialized agency where the employer has registered his business.
Dossier include:
• Written request for registration of the Labor Regulation;
• Labor regulations;
• Written comments of the organization representing employees at the grassroots about where there is a representative organization for employees at the grassroots level;
• Documents of the employer that have provisions related to labor discipline and material liability (if any).
Process of submitting dossier:
• Submit through the specialist agency’s online Public Service Portal
• Submit directly to the specialized agency
• Submit the application by mail to the specialized agency.
Step 2: Handling dossier
Within 7 working days from the date of receipt of the dossier for registration of the Labor Regulation, if detecting that the Labor Regulation contains illegal provisions, the specialized agency shall notify and guide the employer. amending, supplementing and re-registering the Labor Regulation.
Your company needs advice and implementation of the provisions of the Labor Code 2019; or any other need for legal advice, real estate consulting please contact us directly:
Hotline: 0982674857
Email: [email protected]
Best regards.
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Some prominent note for employers from 2021 (Labor Code 2019)
Labor Code 2019 takes effect from the date of 01.01.2021. Some prominent notes for employers are as follows:
1. The probationary period
The Labor Code 2019 requires the parties to sign a probationary contract, which can be recorded into a separate contract, agreed by mouth or recorded in the contents of the labor contract; change the regulations on the subjects who are not required to sign the probationary contract (for those with a labor contract of less than 01 month) and expand the probationary audience. The probation period for each subject is specified in Article 25 of the Labor Code 2019, specifically as follows:
1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on management and use of state investment in enterprises;
2. 60 days for positions that require a junior college degree or above;
3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;
4. 06 working days for other jobs.
2. The employer unilaterally terminates without prior notice (Article 36 Labor Code 2019)
Cases where employers unilaterally terminate without prior notice include:
– The employee voluntarily quit his job without having a plausible reason for 05 or more consecutive working days
– The employee is not present at the workplace after the period specified in Article 31
3. Salary regulations
The Labor Code 2019 has a number of additional requirements for employers in terms of wages as follows:
– Not to limit or interfere with the employee’s right to self-determination to spend salary; do not force the employee to spend the salary on buying goods or using services of the employer or other units designated by the employer.
– Each time the salary is paid, the employer must notify the payroll to the employee, clearly stating the salary, overtime pay, night work salary, content and deductible amount (if any). .
– If due to force majeure, the employer has found all remedies but cannot pay the salary on time, it must not exceed 30 days; If the salary is delayed for 15 days or more, the employee must be compensated an amount as prescribed in Article 95.
– In case of resignation due to water and water problems, but not due to the fault of the employer and not the natural disaster … as prescribed in Article 95, the salary must not be lower than the regional minimum wage.
4. Working time, rest time
Maximum overtime hours 40 hours / month (Article 105)
– Additional cases are not allowed to overtime more than 300 hours / year (Article 107)
– In special cases, there will be no limit on overtime hours (Đ108)
– Add jobs with specified working hours and rest time (Article 109)
– Employers are responsible for setting the annual leave schedule after consulting with the employee and must notify the employee in advance.
5. Retirement age
The retirement age for employees is specified as follows:
| 2021 | Increase annually | Retirement age | |
| Male | 60 years old 3 months | 3 months / year | 62 years old from 2028 |
| Female | 55 years old 4 months | 4 months / year | 60 years old from 2035 |
| Hard work | Less than 05 years |
Changes in retirement age lead to changes in retirement conditions and retirement conditions in some cases (Article 218). For male employees, the salary used as a basis for pension calculation is the average salary of 20 social insurance contributions..
6. Some other new points of Labor Code 2019
– Form a labor contract agreement may be entered through electronic means (Article 14)
– Type of employment contract (Article 20)
– Quoc Khanh vacation 02 days full salary
– A female employee who “works hard” while pregnant can reduce 1 hour of work per day but still receive full salary (Article 137).
– In addition to monetary rewards, which could be property, or any other form (Article 104)
– The statute of limitations for handling the labor force: It is allowed to extend the time limit for disciplinary action by 60 days in some cases (Article 122)
– Some new points about the settlement of labor disputes: Articles 185, 187, 188, 190, 194, 199, …
Your company needs advice and implementation of the provisions of the Labor Code 2019; or any other need for legal advice, real estate consulting please contact us directly:
Hotline: 0982674857
Email: [email protected]
Best regards.
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