Fluent Education Program Terms & Conditions
Vietnam Teaching Semester
These Terms & Conditions apply to teachers applying for a Fluent Education teaching semester in Vietnam.
By submitting an application and confirming acceptance of these Terms & Conditions, the applicant confirms that they have read, understood and agreed to the terms set out below.
Definitions
In these Terms & Conditions:
Teacher means an individual who books a Fluent Education teaching semester in Vietnam.
Fluent Education / Fluent means Fluent Education Pty Ltd, the placement agent in Vietnam.
Employer means the school, partner company or educational organisation in Vietnam that employs the Teacher following an introduction by Fluent Education.
Sending Partner means a Teacher’s agent or partner organisation, where applicable, through whom the Teacher pays a fee for Fluent Education’s services.
A. Roles and Responsibilities
1. Fluent Education
Fluent Education Pty Ltd provides a paid work introduction service for English teachers in Vietnam, with a focus on helping newly qualified teachers find shorter-term teaching contracts.
Fluent Education:
Screens teachers for potential teaching positions in Vietnam according to Vietnamese labour laws and the requirements of potential employers.
Matches potential teachers with employers for teaching positions in Vietnam.
Introduces pre-screened teachers to schools and educational organisations in Vietnam.
Works with TESOL providers and other organisations offering paid teaching positions in Vietnam.
Provides teachers with a comprehensive orientation process, including pre-departure orientation and assistance with visas, work permit documentation, employment contracts and cultural preparation.
Arranges arrival orientation in Vietnam before teachers move to their placement.
Guarantees group arrival dates and placement for groups of no fewer than five teachers.
Arranges airport pick-up and welcome orientation for teachers arriving on designated start dates, usually in January and August.
Liaises with employers in Vietnam when necessary to assist with issues such as teaching hours, pay, teaching resources and accommodation.
Checks accommodation offered by schools for suitability.
Provides full-time on-the-ground support staff in Vietnam for support and emergencies.
For the avoidance of doubt, Fluent Education is not the employer of the Teacher. Teachers sign employment contracts directly with their employer in Vietnam, which may be a school or educational company.
2. Employers in Vietnam
Employers in Vietnam:
Are the legal employers and contracting organisations of Teachers introduced by Fluent Education.
Arrange suitable teaching work according to the specifications agreed with Fluent Education, including pay, teaching schedule and weekly hours.
Provide academic support and assistance to the Teacher.
Provide welfare assistance, such as help with local medical care and advice on living in Vietnam.
Must comply with Vietnamese labour laws and ensure Teachers are working legally.
Are responsible for the Teacher’s health and safety while at work.
Sign labour contracts with the Teacher.
Arrange and pay for the Teacher’s visa invitation letter and work permit.
Pay the Teacher the agreed minimum monthly salary and completion bonus.
Provide furnished accommodation if required, or pay an accommodation allowance.
Arrange transport to and from schools if required.
3. Teachers
Teachers:
Are employed by individual institutions in Vietnam.
Sign an employment contract with their Employer before arriving in Vietnam.
Are not employees of Fluent Education.
Recognise that primary academic and welfare support in Vietnam is the responsibility of their Employer.
Confirm that they have read and understood all pre-arrival and post-arrival information provided by Fluent Education.
Must cooperate fully with supervisors, Fluent Education and the Employer, and follow reasonable instructions.
Must complete and submit a proper application, self-introduction video and all required documents.
Must provide all documentation required for their visa and work permit before leaving their home country.
Must bring all necessary original documentation to Vietnam.
If the Teacher cannot provide the required documents, their Employer will be unable to lodge the work permit application and the Teacher will not be able to begin their semester. If the Teacher arrives without the required original documentation, they may be required to leave Vietnam at the end of orientation week and no compensation will be offered.
Teachers understand that their documentation, including original documents, may be submitted to their Employer and kept by them for the semester for the purpose of obtaining a work permit and showing to relevant authorities where required.
Teachers must pass a health check for the work permit to be issued. No compensation will be offered if the Teacher is not granted a visa or work permit as a result of the health check. Teachers must declare any pre-existing medical conditions to Fluent Education so advice can be given about whether these may affect the health check or work permit process.
Teachers must apply for a criminal record check after the date specified by Fluent Education. This document must show no convictions and must include a fresh signature or stamp from the issuing authority.
Teachers acknowledge that approval of work permit applications is at the discretion of the Vietnamese government. In rare cases, a work permit application may be declined for reasons not disclosed to the Teacher, even where paperwork appears to be in order. In this case, the Teacher will be unable to take up their position and no compensation will be due from Fluent Education.
Teachers may be assigned to work in primary schools, high schools or private language centres. They may be contracted to one organisation but assigned to work at multiple public schools as arranged by the Employer.
If a Teacher leaves their teaching semester before their final teaching day, no portion of the completion bonus will be payable. In addition, no payment will be made for work completed in the previous 30 days.
If a Teacher leaves the semester early, their Employer is legally obliged to cancel their visa. The Teacher will usually have five days to leave the country, and the Employer may withhold salary owed in order to recover expenses undertaken on the Teacher’s behalf.
Teachers are responsible for:
Selecting and purchasing comprehensive travel and health insurance before arrival and for the full duration of their stay in Vietnam.
Ensuring insurance covers motorbike riding as a passenger with a licensed driver, as this is a common form of transport in Vietnam.
Ensuring they have the correct licence, Vietnamese licence requirements and insurance if they choose to rent or ride a motorbike themselves.
Purchasing their own return flights to and from Vietnam.
Providing flight arrival details to Fluent Education no later than four weeks before arrival.
Failure to provide flight arrival details on time may result in cancellation of the placement without refund or deferral.
Teachers must always conduct themselves in a professional and responsible manner while working in the Vietnamese education system.
Teachers should expect to teach 20 face-to-face hours per week and complete a further 15 hours of lesson planning, teaching administration, meetings and related duties across 5 to 6 days per week. Teachers may also be expected to attend special events, such as Christmas parties or opening ceremonies. This may total around 35 hours of work per week.
Teachers understand that this is a paid teaching position and that they will not be able to take long weekends or time off to travel during the semester.
Teachers may be asked to submit lesson plans in advance and may have classes observed by school staff or the department of education.
Teachers acknowledge that placement location, school type, student age groups and timetables vary from school to school.
Teachers understand that they are responsible for their own decisions and actions while in Vietnam.
Teachers acknowledge that:
Accommodation in Vietnam may be more basic than they are used to in their home country.
Working conditions are subject to local norms and may not be the same as those in their home country.
Local schools operate under Vietnamese workplace health and safety requirements.
Local transport and road laws may differ from those in their home country.
All overseas travel carries a degree of risk.
They must have any immunisations or travel vaccinations advised by their doctor before entering Vietnam.
Teachers must make a contribution of US$60 per month to their Employer for bills and transportation. This is made up of US$30 for bills and US$30 for transportation.
Teachers must not accept employment in Vietnam with any employer other than their contractual Employer and work permit sponsor during the semester.
Teachers must not seek to alter the conditions of their contract with the Employer during the semester.
If a Teacher behaves in a way deemed inappropriate for their role, performs poorly, or breaches their contract, their Employer may remove them from their position. In this case, Fluent Education may not be able to secure an alternative placement.
Teachers must obey Vietnamese laws, customs and rules that apply to foreign teachers working in schools and with employers in Vietnam.
Teachers indemnify Fluent Education, its officers, affiliates, agents and employees against any loss, damage or claim arising from the Teacher’s breach, negligence, accident or illness during their stay in Vietnam.
If there is a complaint about any service provided by Fluent Education, its suppliers or affiliates, the Teacher must first inform the supplier of the service to give them the chance to resolve the issue. If the issue is not resolved, the Teacher must put the complaint in writing to Fluent Education, who will do its best to rectify the problem. No complaint will be considered unless this process is followed.
Teachers understand that Fluent Education, its officers, affiliates, agents and employees may take whatever action they deem appropriate in relation to the Teacher’s health and safety. This may include placing the Teacher in a hospital or health-related facility, or in the care of a local doctor or health provider.
4. Sending Partners
Where applicable, Sending Partners:
Contract Fluent Education in Vietnam to provide recruitment, orientation and support services for their customers.
Charge customers a fee that may include a TESOL course and a Vietnam service package provided by Fluent Education.
Make clear to customers the breakdown of fees between the training course and the internship or placement program in Vietnam.
Pre-screen applicants to ensure they meet requirements for employment in Vietnam.
Collect an application fee on behalf of Fluent Education where required.
Work closely with Fluent Education on teacher recruitment and placement to maintain service quality.
B. Non-Liability
Fluent Education, its officers, affiliates, agents, employees and directors are not responsible or liable for:
The Teacher not being granted a visa for Vietnam or not being allowed to enter the country.
Any grievance concerning the Teacher’s employment with the Employer, except minimum salary assurance.
Any injury, death, illness, damage, loss of goods, delay or expense suffered by the Teacher while in Vietnam.
Arranging, obtaining, issuing or guaranteeing visa invitation letters and work permits. These are the responsibility of the Employer.
Arranging or confirming the details and validity of the Teacher’s travel and health insurance.
The Teacher overstaying their visa or working illegally in Vietnam.
The Teacher being detained or deported for any reason.
Changes to or cancellation of orientation week or the teaching semester due to events beyond Fluent Education’s control, including war, terrorism, fire, sickness, bad weather, economic crisis, acts of government or local authority, changes in employment or immigration law, acts of nature or other force majeure events.
Injury or death resulting from any activity or event during arrival orientation or the Teacher’s employment in Vietnam, including transport, accommodation, school attendance or teaching duties.
Any medical care required by the Teacher while in Vietnam.
Any action, negligence or event relating to flights, flight tickets, changes or delays.
C. Visas and Work Permits
It is illegal to work in Vietnam without a work permit and working visa.
To obtain a work permit, the Teacher must hold a valid working visa and provide their Employer with the required documents, which may include:
Original and legalised undergraduate degree certificate.
Original and legalised criminal background check showing no convictions.
Original and legalised TESOL/TEFL certificate.
Name oath if required.
Medical check certificate obtained in Vietnam with support from Fluent Education staff.
Eight colour photographs obtained in Vietnam with support from Fluent Education staff.
If the Teacher does not provide the required original and legalised documents, they will not be able to take up their position. No refund of any fee or related costs will be due, including but not limited to flights, visas, vaccinations and document preparation.
If the Teacher is not granted a work permit for any reason, they will need to leave their position and no refund of fees or related costs will be due.
The Teacher is responsible for costs related to preparing and submitting the required documents.
The Teacher must have a valid passport with more than six months’ validity and four blank pages at the time of arrival and departure.
Fluent Education will pass the visa invitation letter obtained by the Employer to the Teacher, where applicable, so the Teacher can apply for a working visa before arriving in Vietnam. Fluent Education cannot guarantee the Teacher will successfully obtain a visa before arrival, as requirements vary between Vietnamese embassies and consulates. In some cases, the Teacher may be provided with a visa-on-arrival option.
The Teacher is responsible for the cost of obtaining a visa to enter Vietnam.
If the Teacher leaves their position before the agreed semester end date, their work permit will be cancelled by the Employer and they may be liable to reimburse the Employer for work permit-related fees.
Approval of work permit applications is at the discretion of the Vietnamese government. In rare cases, applications may be declined for undisclosed reasons, even where paperwork appears to be in order. In this case, no compensation will be due from Fluent Education or the Employer.
The Teacher may be required to make visa trips while in Vietnam to obtain or renew the required visa. The Teacher may be required to pay related visa and travel costs.
D. Salary, Completion Bonus, Bills, Transport and Holidays
The Teacher will be paid a salary of US$1,000 per month by the Employer in Vietnamese Dong equivalent, usually in cash once per month between the 5th and 10th of the month in arrears.
The Teacher should allow for the fact that their first salary payment may be 4 to 6 weeks after starting their placement, or 5 to 7 weeks after arrival in Vietnam.
A completion bonus of US$500 will be paid by the Employer when the Teacher successfully completes the semester. This will be paid in Vietnamese Dong equivalent. Deductions may be made if the Teacher has missed teaching days not approved by the Employer, including through sickness.
The Teacher will make a contribution of US$60 per month to the Employer for bills and transportation. This is made up of US$30 for bills and US$30 for transportation.
The value in Vietnamese Dong for salary, bonus and contributions will be determined according to the US$ to VND exchange rate two weeks before departure to schools and will remain unchanged during the semester.
The Teacher is responsible for following the Employer’s policy on public holidays, school holidays, sick leave and other leave.
The Teacher may be required to make up lessons missed for personal reasons, including sickness or unpaid holiday. Where the Employer cannot arrange make-up lessons, the Teacher may not be paid for the missed teaching hours.
Christmas is not a public holiday in Vietnam and the Teacher may be expected to work on Christmas Day.
Vietnamese Lunar New Year, known as Tet, is the biggest holiday of the year. Teachers will have five paid days off for Tet. If the holiday is longer than five days, the additional days are unpaid.
E. Scooter and Motorbike Risk
Renting or riding a scooter or motorbike carries considerable risk.
The Teacher agrees not to operate a motor scooter during orientation in Hanoi.
Once at their placement, the Teacher may decide to operate a scooter or motorbike of their own free will. Fluent Education strongly discourages this because of the high risk of accident.
At no point in the program will a scooter or motorbike be required as a means of transport to or from schools. Safer alternatives are always available and encouraged.
Fluent Education is not responsible for:
Any accident, loss, damage, injury or death related to operating a scooter, motorbike or any other form of transport.
Medical costs associated with any scooter or motorbike accident.
Any issue resulting from being a passenger on a scooter, motorbike or other form of transport.
If the Teacher chooses to operate a scooter or motorbike, they must have the appropriate licence from their home country, apply for any required Vietnamese licence, and have appropriate travel and health insurance cover.
F. Marketing and Photography
During orientation and program activities, Fluent Education may use photographers and/or videographers to document the experience.
Photographic, audio or video recordings may be used for:
Social media marketing.
Fluent Education and selected partner websites.
Fluent Education and selected partner documentation.
Teachers will be consulted about use of photographs or video recordings for any purpose outside those listed above.
By accepting these Terms & Conditions, the Teacher understands that photographic or video recordings of them may be displayed electronically via the internet or in public business settings.
The Teacher also understands that images or videos taken during orientation week belong to Fluent Education and waives any rights to those images or videos.
G. Data Usage Policy
Fluent Education will not unlawfully distribute, sell or alter personal information provided by the Teacher, or indirectly through partner organisations.
Fluent Education will only share Teacher information where required to operate the teaching semester, placement process and related support.
Teacher information may be used in the following ways:
Fluent Education database
Teacher information is collected and stored securely in order to support current and future placements and post-placement support.
Teacher profiles
Teacher information may be displayed to potential Employers. Teacher resumes and photos may be downloadable for use in the employment process. Profiles will be removed no later than six months after initial placement, unless required for placement support.
Information relevant to the Teacher’s possible employment may also be shared with schools and local agents as part of the placement process.
General communication
Fluent Education may use the Teacher’s contact details, including email, phone and emergency contact information, where needed.
Fluent Education will not discuss information relating to the Teacher with anyone, including family members, unless prior written consent has been given.
By accepting these Terms & Conditions, the Teacher understands that Fluent Education needs to collect, use and share personal information in order to arrange and support the teaching semester.
This agreement does not include the Fluent Education mailing list. Applicants will not be added to that list unless they have opted in separately.
H. Applicable Law
Fluent Education is an Australian registered company. The law governing this agreement is the law of Australia.
I. General
By submitting an application and accepting these Terms & Conditions, the Teacher confirms that they have read and agreed to all terms set out by Fluent Education in this agreement.
There shall be no changes or additions to these Terms & Conditions unless agreed in writing by both parties.