- 来源： 环球英才促进会
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On July 21st, the Ministry of Education issued the draft measures for the Employment and Management of Foreign Teachers.
In order to improve the management and service of foreign teachers, the The Foreign Teachers Committee of Beijing Global Talent Exchange Association is soliciting the opinions, and reporting the original or summary of important opinions and suggestions to relevant departments.
Please submit your feedback by August 21, 2020 through the following methods:
Beijing Global Talent Exchange Association
The Foreign Teachers’ Committee of BGTEA
July 21st, 2020
Measures for the Employment and Management of Foreign Teachers (Draft for Solicitation of Comments)
Chapter I General Provisions
Article 1 (Legislative Basis) In order to promote international cooperation and exchanges in education, and to regulate the employment and management of foreign teachers, in accordance with the Education Law of the People’s Republic of China, the Teachers’ Law of the People’s Republic of China, the Exit and Entry Administration Law of the People’s Republic of China, and the People’s Republic of China，the Regulations of the People's Republic of China on the Administration of Entry and Exit of Foreigners, and other laws and regulations formulate these measures.
Article 2 (Concept Definition) The term "foreign teachers" refers to foreigners who are employed by educational institutions, have obtained Work Permits and Work Visas, and legally engage in education and teaching in China.
The term "Educational institutions" mentioned in these Measures refer to schools at all levels and of all kinds, kindergartens, self-study institutions and after-school training institutions established according to law to implement academic record education.
Article 3 (Basic Guidance) The employment of foreign teachers shall follow the policies of opening up, employing on demand, guaranteeing quality, optimizing service and managing by classification.
Article 4 (Recruitment Scope) The foreign teachers to be employed shall meet the actual requirements of education and teaching work, and the demand in China is temporarily in short supply, and they should not violate relevant Chinese regulations.
Article 5 (Specific Obligations) Foreign teachers shall abide by China’s laws and regulations, teachers' professional ethics, and the principle of separation of education from religion. education teaching activities and teaching content should conform to China's education policy and the basic requirements, shall not harm China's sovereignty, security, social public interests.
Article 6 (Management System) The education administrative department of the State Council is responsible for the overall supervision of the employment of foreign teachers by educational institutions; the Foreign Affairs, Science and Technology, Public Security, National Immigration and other administrative departments of the State Council are responsible for the visas, work permits, entry and residence of foreign teachers in accordance with the division of responsibilities.
The administrative departments of education under the local people's governments shall be responsible for the supervision and administration of the employment of foreign teachers by educational institutions within their respective administrative areas; Foreign Affairs Departments, Departments of Science and Technology, Public Security and other relevant departments of the local people's governments shall be responsible for the administration of foreign teachers in their respective administrative areas according to their respective functions and duties.
Chapter II Conditions and Procedures
Article 7 (Basic Requirements) Foreign teachers who meet the requirements for applying for work permit and work visa in China and have the professional qualifications for education and teaching as stipulated in these Measures may be employed as foreign teachers by educational institutions.
Article 8 (Qualifications) Foreign teachers shall have thesn educational work. Among them, teachers of disciplines (including foreign language and literature) in schools of various levels and types shall have a bachelor's degree or above and at least 2 years of education and teaching experience in related disciplines of relevant educational institutions or work experience in related fields; To serve as a foreign language training teacher, one shall have a bachelor's degree or above, receive corresponding special training in language teaching, acquire corresponding qualifications for language training and generally engage in teaching in the mother tongue of one's own country; If the relevant courses are taught in Chinese, the putonghua proficiency should meet the "National-level Mandarin Chinese", Level 3, Grade C or above, or pass the HSK test and obtain the corresponding certificates.
Foreigners who have obtained a doctorate degree, or have obtained a teacher qualification certificate from the country of nationality, or have a bachelor degree or higher in education, may be exempted from the corresponding educational work experience requirements.
Article 9 (Other Conditions) Foreign teachers shall be in good physical and mental health, have no criminal record, no history of infectious diseases and mental disorders, no sexual harassment history, drug use, long-term use of dependent psychotropic drugs and other diseases and behaviors that may affect the safety and physical and mental health of students.
Article 10 (Relevant Permits) Foreigners who want to work as foreign teachers should apply for a work permit, work visa Z, and they can start teaching activities after obtaining approval and filing the foreign teacher’s record in accordance with regulations.
Article 11 (Responsibilities of Institutions) When recruiting foreign teachers, educational institutions shall determine that the foreign candidates have the professional qualifications and corresponding conditions to serve as foreign teachers.
Article 12 (Work Permit) The educational institution that intends to hire foreign teachers shall apply to the Scientific and Technological Administrative Department of the provincial people's government or its authorized administrative department for a foreigner's work permit in China. In addition to the materials required for the work permit for foreigners to come to China, the relevant education and teaching qualification certificates that the foreign teachers to be employed meet the requirements of Article 8, an explanation of the reasons for the proposed appointment, and the foreign personnel’s compliance with Article 5 of these Measures shall also be submitted. Provisions and personal commitment materials that meet the requirements of Article 9 of these Measures.
Article 13 (Visa Application) The foreign teachers to be hired shall apply for a Z visa to the Chinese visa agency abroad in accordance with relevant procedures and regulations.
Visa agencies stationed abroad may decide whether to issue a Z visa through interviews and verification of materials.
Article 14 (Residence Permit) An educational institution shall assist the foreign teachers to be employed in applying for a residence permit for work to the exit and entry administration department of the public security organ under the local people's government at or above the county level.
Article 15 (Filing) Within 5 days after foreign teachers receiving the work permit and residence permit, the educational institution shall upload copies or electronic copies of the contract text, such as the first page, the page indicating employment period, the signature page of both parties, the work permit and residence permit of foreign teachers to the National Comprehensive Information Service Platform for foreign teachers, and the service platform shall generate the record number of foreign teachers.
Article 16 (Domestic Application) Educational institutions that intend to hire foreigners who have legally resided in China as foreign teachers shall apply for work permits and work-type residence permits in China in accordance with these Measures, and should be filed on record as required. Educational institutions intending to hire foreigners who have obtained the permanent residence must be filed according to the regulations as well.
Chapter III Service and Management
Article 17 (Institution’s Responsibilities) Educational institutions shall improve the employment, management, service and evaluation systems of foreign teachers, regulate the teaching behavior of foreign teachers, protect the legal rights and interests of foreign teachers, and properly keep the employment files of foreign teachers.
Article 18 (Contract Administration) Educational institutions shall sign written contracts with foreign teachers who are hired. The content of the contract should include, but is not limited to: the foreign teachers’ work tasks, work location, job responsibilities, contract period, rights and obligations of both parties, assessment methods, dispute resolution mechanism, and liability for breach of contract, etc.
Article 19 (Information Disclosure) Educational institutions shall publish the basic information such as the name, nationality and employment position, record number, work permit and other information of the foreign teachers they hire on their announcement columns and on the website, unless otherwise stipulated by the country .
Article 20 (On-the-job training) Education institutions shall formulate pre-service and post-employment training plans for foreign teachers based on the cultural background and post characteristics of foreign teachers. For foreign teachers hired for the first time, they shall organize or entrust qualified professional education on their own The institution shall carry out job training of no less than 20 hours, and the content shall include the Chinese Constitution, laws, national conditions, teacher ethics, education policies and professional knowledge, teaching ability, etc.
Article 21 (Institutional Management) Educational institutions shall strengthen the service and management of foreign teachers in accordance with laws and contractual agreements to ensure the quality of education and teaching.
Educational institutions or foreign teachers shall not implement short-term concentrated teaching in an obviously unreasonable way such as arranging intensively courses.
Article 22 (Part-time Management) During the same employment period, foreign teachers can only sign contract with one educational institution and obtain one record number.
With the consent of the employing institution, foreign teachers can reasonably work part-time in other educational institutions. Where foreign teachers work part-time, the hiring agency, foreign teachers and part-time educational institutions shall sign a tripartite agreement to clarify the rights and responsibilities of each party. The employing institution shall not charge any fees to the part-time educational institution. Part-time employment contracts shall be reported to the competent education department for the record, and the competent education department shall report the name list to the entry-exit management department of the public security organ for record. The accumulated part-time teaching time of foreign teachers shall not be more than the teaching time in the employing institution.
Article 23 (Assessment and Supervision) Educational institutions shall improve the evaluation system, strengthen the standardization and supervision of the ethics of foreign teachers, and comprehensively assess the performance of duties of foreign teachers.
If the students of foreign teachers are minors, the employing institutions shall perform their statutory duties of protecting minors and take appropriate measures to ensure their personal safety and physical and mental health.
Measures to ensure the personal safety and physical and mental health of minors.
Article 24 (Encouragement Measures) Educational institutions shall guarantee and support foreign teachers to carry out teaching researches, academic exchanges and other activities, and participate in democratic management in an appropriate manner.
Educational institutions shall commend and reward foreign teachers who have outstanding performance in education, teaching, personnel training, and promotion of Sino-foreign exchanges, and may recommend them to relevant authorities and apply for commendations and rewards from the government and relevant departments.
Article 25 (Change in Employment) If a foreign teacher intend to another educational institution, that educational institution shall re-apply for a foreigner’s work permit and work visa and go through relevant procedures in accordance with the law, and at the same time re-apply for a foreign teacher in accordance with the provisions of these Measures Record number
Article 26 (Platform Construction) The Administrative Department of Education under the State Council shall establish and govern a National Comprehensive Information Service Platform for foreign teachers, and shall establish specific norms for the information of foreign teachers.
Administrative Departments of Education and educational institutions may register on the National Comprehensive Information Service Platform for foreign teachers, log on the platform for filing and inquiring relevant information.
Chapter IV Supervision and Responsibility
Article 27 (Information Sharing) Establish an information sharing mechanism for foreign teachers. The Administrative Department of Science and Technology under the State Council shall push in real time the information of foreign teachers who have been granted work permits for foreigners to come to China to the Administrative Department of Education under the State Council, and the Administrative Department of Education under the State Council shall push in real time the list of foreign teachers whose employment is prohibited to the Administrative Department of Science and Technology under the State Council.
Article 28 (Daily Supervision) Local People’s Government Education Administrative Departments, Science and Technology Administrative Departments, Public Security Organs’ Entry and Exit Administration Agencies, and other relevant departments shall strengthen the daily supervision of the recruitment of foreign teachers by educational institutions, and promptly detect and investigate and punish the hiring of foreign teachers in violation of relevant laws and regulations.
Educational administrative departments and educational supervision agencies that find that educational institutions have hired foreign personnel to engage in education and teaching in daily supervision or through complaints, reports, etc., shall check whether they have foreign work permits, work-type residence permits and foreign nationals If the teacher’s record number is illegal, it should be reported to the relevant competent department in time.
Article 29 (Integrity Record) Establish a credit record system for foreign teachers. During the period of employment, foreign teachers abide by China’s laws and contractual provisions, and the quality of education and teaching is high, and the teacher's ethics is good. Educational institutions should reflect this in the assessment, report to the competent education administrative department, and include it in the national foreign teacher comprehensive information service platform for record .
For foreign teachers who have been commended by the government and relevant departments and have good credit records, the administrative department of science and technology and the entry-exit management agency of the public security organ provide convenience in obtaining permits and handling relevant procedures.
Article 30 (Record of Untrustworthiness) If a foreign teacher violates the contract and has one of the following circumstances, the educational institution shall report to the competent education administrative department after handling it. Upon verification by the education administration department, it is included in the credit record:
(1) Serious academic misconduct;
(2) Engaging in paid work in violation of regulations outside the appointed educational institution;
(3) Dismissed in violation of the rules and regulations of the employment agency;
(4) Resign without authorization after the appointment period has not expired.
Article 31 (Prohibition of Employment) If a foreign teacher has one of the following circumstances, the educational institution shall dismiss it and report it to the competent education administrative department for credit record:
(1) Words and deeds that damage China's national sovereignty, security, honor, and public interests;
(2) Being held criminally responsible;
(3) Obstructing the implementation of the education policy;
(4) Violating public security management such as taking drugs;
(5) Sexual assault or abuse of minors;
(6) Engaging in religious education or preaching illegally;
(7) Engaging in cult activities;
(8) Sexual harassment of students or other serious violations of China's public order, appropriate customs, teachers' professional ethics and codes of conduct;
(9) Providing false certification information in the process of applying to teach in China;
(10) The total number of untrustworthy records specified in Article 30 of these Measures exceeds 3 items.
Educational institutions shall not hire foreign personnel with the conditions mentioned in the preceding paragraph as foreign teachers.
Article 32 (Illegal Employment) Educational institutions and other social organizations that illegally hire foreign personnel without permission and filing for teaching, or organize and hire foreign personnel to illegally engage in educational and teaching activities, shall be handled by the public security organs of the local people’s government at or above the county level. Its entry-exit management agency shall impose penalties according to law. Constitute a crime, be held criminally responsible.
Article 33 (Organizational Falsification) In the process of applying for a foreign teacher’s work permit and work visa in China, any forgery or alteration of documents and certification materials shall be granted by the public security organs of the local people’s government at or above the county level and their entry-exit management agencies in accordance with the law punishment.
Article 34 (Management Responsibilities) If an educational institution violates these Measures and has one of the following circumstances, the educational administrative department at or above the county level shall order corrections and may impose a fine of 1,000 yuan to 10,000 yuan per person. The principal person in charge of the institution shall give a warning or sanction; if the circumstances are serious, enrollment can be ordered to stop according to law, and the science and technology administrative department will not accept the application for a foreigner’s work permit in China within 1-3 years; if the circumstances are particularly serious, the education administrative department shall follow the revocation law of school permit:
(1) Employing foreign personnel who have not obtained the foreign teacher registration number to teach or failing to report within the time limit;
(2) It is found that the foreign teachers hired have the circumstances listed in Article 30 and Article 31 of these Measures, and they are not dealt with in time;
(3) Arranging foreign teachers to engage in illegal profit-making activities or implementing short-term concentrated teaching tours that are obviously unreasonable;
(4) The negligence of foreign teachers in management causes bad social impact;
(5) Failure to promptly investigate and deal with complaints from parents of foreign teachers for violations of laws and regulations;
(6) False publicity on the resumes and abilities of foreign teachers to mislead the public;
(7) Violation of relevant regulations on part-time jobs for foreign teachers.
Article 35 (Briefing) If the Administrative Department of Science and Technology or the Public Security Organ finds that the educational institution has illegally hired foreign personnel, or the foreign teacher has illegal or criminal conduct, it shall promptly notify the educational administrative department of the relevant situation and the results of the investigation.
Chapter V Supplementary Provisions
Article 36 (Supplementary Provisions) Institutions of higher learning that hire foreign experts for academic exchanges or short-term study visits shall apply for an F-type or corresponding type of visa in accordance with relevant regulations. Institutions of higher learning shall manage the educational and teaching activities carried out by foreign experts in accordance with these Measures.
The schools for children of foreign personnel who hire foreign teachers shall refer to these Measures.
Online training institutions that hire foreign personnel to undertake education and teaching work overseas shall formulate qualification conditions, sign contracts, and implement services and management in accordance with these Measures.
Article 37 (Supporting Policies) The education administrative departments of all provinces, autonomous regions, and municipalities directly under the Central Government may, in conjunction with relevant departments, formulate specific norms for the management of the appointment and management of foreign teachers in their administrative regions.
Article 38 (Effective Date) These Measures shall come into force on the day of 2020.
If the regulations on hiring foreign teachers issued by the Education Administration Department, the Science and Technology Administration Department, and the former State Administration of Foreign Experts Affairs are inconsistent with these Measures, these Measures shall prevail.
Those who have been working as foreign teachers in China before the implementation of these Measures shall complete the filing procedures in accordance with Article 19 of these Measures within six months from the date of implementation of these Measures.