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Foreign Teachers

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On 21 July 2020, the Ministry of Education released the Measures for the Recruitment and Management of Foreign Teachers (Draft for comments), to solicit public opinions until August 21, 2020.
"Foreign teachers" as mentioned in these Measures refers to foreign personnel who are appointed by educational institutions, obtain foreign residence permits and residence documents for foreigners to come to China, and engage in education and teaching work in China. Let’s take a look at the highlights:外籍教师,是指由教育机构聘任、取得外国人来华工作许可和工作类居留证件、在中国境内从事教育教学工作的外籍人员。下面来看一下该规定的主要内容:
1. Qualifications: Foreign teachers shall possess the educational qualifications and teaching skills necessary for educational work. Among them, those who serve as teachers in subjects (including foreign language literature majors) in all types of schools at all levels shall have more than 2 years of experience in education and teaching or related fields and shall hold a bachelor's degrees or above;A foreign language training teacher shall have a bachelor's degree or above and receive the corresponding special training in language teaching, obtain the corresponding language training qualification and generally engage in teaching activities of his native language.If a foreign national has obtained a doctorate degree, or has obtained a certificate of qualification for a teacher in the country of nationality, or has a bachelor's degree or above in teacher education, he may be exempted from the requirements of the corresponding educational experience.资质条件. 外籍教师应当具备从事教育工作所必需的教育资质和教学技能。其中,在各级各类学校担任学科专业(含外国语言文学专业)教师的,应当具备学士以上学位和2年以上教育教学工作经历或者相关领域工作经历;担任外国语言培训教师的,应当具备学士以上学位并受过相应的语言教学专门训练,取得相应的语言培训资质且一般从事母语国母语教学;外籍人员已获得博士学位,或者取得国籍国教师资格证书,或者拥有教师教育类学士以上学位的,可以免除相应教育工作经历要求。
2. Fitness: Foreign teachers shall be physically and mentally healthy, of good character, with no criminal record, without a history of infectious diseases and mental disorders, without sexual harassment, drug use, long-term use of dependent psychotropic substances, and other diseases and behaviors that may affect the safety and physical and mental health of students.2. 其他要求:外籍教师应当身心健康,品行良好,无犯罪记录,无传染性疾病和精神障碍史,无性骚扰、吸食注射毒品、长期服用依赖性精神药品等行为以及其他可能对学生安全和身心健康造成影响的疾病、行为。
3. Work permits: Foreign personnel engaged in the work of foreign teachers shall apply for a work permit, Z visa and work-type residence permit, and shall obtain the approval and file for recording in accordance with the provisions before carrying out teaching activities3. 外籍人员从事外籍教师工作的,应当办理外国人来华工作许可、Z字签证和工作类居留证件,获得批准并按规定进行外籍教师备案后,方可开展教学活动。
4. Filing: An educational institution shall, within five working days after a foreign teacher has received a work permit and residence permit to come to China, upload a copy of the first page of the contract text, the appointment page and the signature page of both parties, a copy of the foreign teacher's work permit, residence permit and other materials, or an electronic text to the national comprehensive information service platform for foreign teachers, and the service platform shall generate the record number of the foreign teachers.4.备案:教育机构应当在外籍教师收到来华工作许可及居留许可后五个工作日内,将合同文本首页、注明聘期页和双方签字页、外籍教师来华工作许可、居留许可等材料的副本或者电子文本上传至全国外籍教师综合信息服务平台,由服务平台生成外籍教师备案号码。
5. Part-time work: During the term of employment, foreign teachers may only enter into an employment contract with one educational institution and obtain one filing number.With the consent of their employers, foreign teachers may work part-time in other educational institutions. The employer, the foreign teacher and the part-time educational institution shall sign a tripartite agreement, which shall be reported to the competent education department.5.兼职管理:同一聘期内,外籍教师只能与一个教育机构签订合同,取得一个备案号码。经聘任机构同意,外籍教师可以在其他教育机构合理兼职。聘任机构、外籍教师与兼职教育机构应当签订三方协议。兼职聘任合同应当报主管教育部门备案
6. Record: A credit record system for foreign teachers shall be established. Foreign teachers shall abide by Chinese laws and regulations during their employment, have a high quality of education and teaching, and a good teaching style, and educational institutions shall reflect this in the examination and report to the competent education administrative department, which shall be included in the national comprehensive information service platform for foreign teachers to be recorded.6.诚信记录.建立外籍教师信用记录制度。外籍教师在聘任期间遵守中国法律、合同约定,教育教学质量高、师德师风良好,教育机构应当在考核中予以反映,并向主管教育行政部门报告,纳入全国外籍教师综合信息服务平台予以记录。
7. Bad credit record: If a foreign teacher violates the employment contract or if any of the following circumstances occur, the educational institution shall punish foreign teachers and report them to the competent education administrative department. Their misbehaviors will be kept in records after verification.The education administrative department shall include the following in credit record after verification:(1) Whether there was serious academic misconduct;(2) Accepted paid jobs outside the educational institution where they are employed;(3) Being fired for breaking internal rules set by the educational institution;(4) Leaving the job without prior notification before the contract is concluded.7.失信记录.外籍教师违反合同约定,有下列情形之一的,教育机构应当报告主管教育行政部门。教育行政部门经核实,计入信用记录:(一)有严重学术不端行为的;(二)在受聘任的教育机构以外违规从事有偿工作的;(三)违反聘任机构规章制度,被解聘的;(四)聘任期未满,擅自离职的。
8. Prohibition of employment: If a foreign teacher has one of the following circumstances, the educational institution shall dismiss him and report it to the competent education administrative department and record it in the respective file:(1) Words or deeds that undermine China's national sovereignty, security, honor and public interest;(2) Being investigated for criminal responsibility;(3) Obstructing the implementation of educational policy;(4) Any violation of public security management, such as drug use;(5) Sexually assaulting or abusing minors;(6) Illegally engaging in religious education or missionary work;(7) Engaging in in cult activities;(8) Sexually harassing students or other serious violations of China's public order, professional ethics and codes of conduct;(9) Providing false supportive ] information during the application to teach in China;(10) If the record of breach of trust stipulated in #7 ( Bad credit record) exceeds 3 articles. Educational institutions shall not appoint foreign personnel who have the circumstances of the preceding paragraph to serve as foreign teachers.[DDD2] 8. 从业禁止.外籍教师有下列情形之一的,教育机构应当予以解聘,并报告主管教育行政部门,记入信用记录:(一)有损害中国国家主权、安全、荣誉和社会公共利益的言行的;(二)被追究刑事责任的;(三)妨碍教育方针贯彻落实的;(四)有吸食毒品等违反治安管理行为的;(五)有性侵害、虐待未成年人行为的;(六)非法从事宗教教育或者传教的;(七)从事邪教活动的;(八)有性骚扰学生或者其他严重违反中国的公序良俗和教师职业道德、行为准则的;(九)在申请来华任教过程中提供虚假证明信息的;(十)本办法第三十条规定的失信记录累计超过3条的。教育机构不得聘任有前款情形的外籍人员担任外籍教师。
You may send your opinions to fzb@moe.edu.cn after checking the original draft regulations by following the link:

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