全球化时代，英语已成为每个孩子的必备技能，尤其是到了暑假，一些打着“外教”旗号的培训班更广受家长追捧，不少人抱着“培养孩子国际视野”的目的，希望给孩子找到“口语纯正的欧美外教”。

In the era of globalization, English has become a necessary skill for every child. Especially in summer vacation, some training classes under the banner of "foreign teachers" are more popular with parents. Many people hold the aim of "cultivating children's international vision", hoping to find "European and American Foreign Teachers with pure good spoken English" for their children.

“说是欧美外教，一节课二三百元，几个月过去却没什么效果。”“13000元的口语班，可外教的资质呢？”外教母语非英语、低学历、无经验，资格证可以网购……近年来频频爆出的外教市场乱象让不少家长开始怀疑自己的选择——孩子的“外教”真的合法吗？

"It is said that foreign teachers in Europe and the United States, two or three hundred yuan for a lesson, but months passed without much effect." "13,000 yuan oral English class, but where are the qualifications of foreign teachers?" Foreign teachers' mother tongue is not English, with low educational background and no experience. Qualification certificates can be purchased online... In recent years, the frequent chaotic outbreak in the foreign teacher market has made many parents begin to doubt their choice - is the "foreign teacher" of children really legitimate?

据国家外国专家局的官方统计，2017年中国从事教育行业的外国人已达40余万，合法外教数量仅占三分之一。按照我国法律规定，一名合法的外教需具备以下条件：

According to the official statistics of the State Administration of Foreign Experts, in 2017, more than 400,000 foreigners were engaged in education in China, and only one third of them were legal foreign teachers. According to the law of our country, a legitimate foreign teacher must have the following conditions:

一、年满18周岁，身体健康

二、无犯罪记录

三、持有有效护照或能代替护照的其他国际旅行证件

四、取得大学学士及以上学位且具有2年以上语言教育工作经历（其中，取得教育类、语言类或师范类学士及以上学位的，或取得所在国教师资格证书或取得符合要求的国际语言教学证书的，可免除工作经历要求)

五、原则上从事母语国母语教学

六、有确定的聘用单位

七、取得工作许可和工作类居留证件

——以上条件综合整理自  《外国人来华工作分类标准(试行)》《外国人在中国就业管理规定》《中华人民共和国出境入境管理法》

1. Over 18 Years Old, Healthy

2. No criminal record

3. Holding valid passport or other international travel documents that can replace passport

4. Acquiring a bachelor's degree or above from a university and having more than 2 years' working experience in language education (among them, those who have obtained bachelor's degree or above in education, language or normal education, or who have obtained a teacher's qualification certificate in their country or obtained a qualified international language teaching certificate may be exempted from the requirement of working experience)

5. In principle, engage in the teaching of their mother tongue with mother tongue

6. Have a definite employer

7. Obtaining Work Permit and Work type Residence Permit visa

--The above conditions are summarized from 《the Standards for Classification of Work for Foreigners in China (Trial Implementation)》, 《Regulations on the Administration of Employment of Foreigners in China 》and 《the Law of the People's Republic of China on the Administration of Exit and Entry》

然而，在我国众多的幼儿园及培训机构中，有通过中介机构聘请外教的，有到高校找留学生兼职授课的，更有甚者找来短期来华旅游的外国人“打短工”，使得不少未取得合法外教资格的“黑外教”登上了讲台。

However, in many kindergartens and training institutions in China, some employ foreign teachers through intermediaries, some seek part-time teaching for foreign students in Colleges and universities, and some even find short-term tourists in China to "take part-time jobs", which makes Many "illegal foreign teachers" who have not obtained the legal qualifications of foreign teachers have been put on the platform.

曾有记者探访报道，目前国内“黑外教”主要来源于外教“猎头”、外教求职网站以及外国留学生。一些有意来华从事外教工作的外国人，先是通过比较好获取的学习签证、商务签证等短期签证进入中国，然后被中介机构进行“包装”，派遣到幼儿园等机构任教。签证到期以后，中介便组织外国人到我国驻外国的一些使领馆去办理签证延期，继续保持能够在华非法务工的状态。

There have been reports of visits by journalists: At present, "illegal foreign teachers" in China mainly come from "headhunters" of foreign teachers, job-seeking websites of foreign teachers and from foreign students. Some foreigners who intend to come to China to work as foreign teachers, first enter China through short-term visas such as study visas and business visas, which are better obtained, and then are "packaged" by intermediaries and sent to kindergartens and other institutions for teaching. After the expiration of the visa, the intermediary will organize foreigners to go to some embassies and consulates in China to handle the visa extension, and continue to maintain the status of being able to work in China illegally.

而不少幼儿园或培训机构虽会对中介机构派遣的外教进行简单面试，但对于他们的来源、简历等并没有进行严格地审查。

Although many kindergartens or training institutions conduct simple interviews with foreign teachers dispatched by intermediaries, their sources and resumes are not strictly examined.

同时，作为消费者的家长，很少有意识或有机会去了解幼儿园聘请的“外教“是否为来华非法务工，殊不知，一些非法务工的“黑外教”不仅文化水平低，没有教学能力，更有甚者品行不端，存在严重的安全隐患，类似案例不在少数。

At the same time, as consumers' parents, they seldom consciously or have the opportunity to know whether the "foreign teachers" employed by kindergartens are illegal work in China. They do not know that some illegal work "illegal foreign teachers" not only have low educational level and no teaching ability, but also have bad morality, serious security risks, there are many similar cases.

案例一   Case 1

2019年7月9日，徐州市公安局泉山分局在微博发布警方通报，称抓获一起19人涉毒的案件。这些涉毒人员中，16名为外籍人员，而这其中7名是某教育机构的外教。

On July 9, 2019, Quanshan Branch of Xuzhou Public Security Bureau issued a police bulletin on Weibo, claiming that 19 people were arrested in a drug-related case. Among these drug-related personnel, 16 are foreigners, and 7 of them are foreign teachers in an educational institution.

事后，该机构回应称，其绝大部分外籍培训师来自英语母语国家，具备TEFL或TKT证书。但被问及其聘请的外教是否取得我国有关部门的批准时，客服人员表示并不知道。

Afterwards, the agency responded that the vast majority of its foreign trainers came from native English-speaking countries and had TEFL or TKT certificates. However, when asked whether the foreign teachers hired by them had obtained the approval of the relevant departments in China, the customer service personnel said they did not know.

Police Bulletin

Since July, our bureau has successfully cracked a drug-related case according to the clues in its work and investigation according to law. Up to now, 19 drug-related personnel have been arrested, including 16 foreigners (7 are foreign teachers in an educational institution and 9 are students).

The results showed that 19 of them were positive in urine test. According to relevant laws and regulations, one foreigner was detained in accordance with the law for suspected criminal offence, and 18 drug-related persons were detained in administrative detention. At present, the case is being further processed.

Police prompt: when discovering clues of drug-related crimes, citizens should report them by dialing 110 in time. The police will continue to crack down on all kinds of illegal and criminal activities in accordance with the law and create a good social security environment for the masses.

Quanshan Branch of Xuzhou Public Security Bureau

9 July 2019

案例二    Case 2

 2019年7月16日，北京三中院宣判了一起“组织他人偷越国境案”。三名涉嫌犯组织有意来我国从事外教劳务工作的外籍人员以虚构入境事由骗取短期学习签证或者商贸签证，入境后由被告人招聘为外教派往北京多家幼儿园非法务工。

On July 16, 2019, the Third Intermediate Court of Beijing sentenced a case of "organizing others to cross the border illegally". Three suspected foreigners who intend to come to China for foreign education and labor work deceived short-term study visas or business visas for fictitious reasons of entry. After entry, the defendant recruited them as illegal workers sent by foreign teachers to many kindergartens in Beijing.

三被告人为谋取非法利益，明知外教没有合法入境手续，非法组织多名外教入境，并介绍外教非法从事劳务，以组织他人偷越国境罪分别判三人有期徒刑两年、一年九个月、一年六个月，并处罚金一万元、五千元。

Three defendants, knowing that there is no legal entry procedure for foreign teachers, illegally organize more than one foreign teacher to enter the country, and introduce foreign teachers to engage in illegal labor services.They are sentenced to two years' imprisonment, one year and nine months, one year and six months respectively for the crime of organizing others to smuggle across the border. They are also fined 10,000 yuan and 5,000 yuan.

那么，作为家长该如何快速辨别眼前的“外教”是否合法呢？主要看他是否同时持有以下证件：

So, as parents, how to quickly distinguish whether the current "foreign teachers" are legal? It mainly depends on whether he holds the following documents at the same time:

1一看《外国人工作许可证》

One：Look at the 《Work Permit for Foreigners》

首先，看“外教”是否有当地科学技术厅（或局）签发的“外国人工作许可证”；同时，扫描证件正面右下角二维码，查看该“外教”身份和工作信息是否与实际一致，工作单位是否与其目前所在单位一致，工作岗位是否为“教学人员”，工作职位是否为“教师”。上述任何一项如有信息不符，均属于非法就业。

First of all, see if "foreign teachers" have a "work permit for foreigners" issued by the local science and Technology Department (or bureau).At the same time, scan the two-dimensional code in the right and lower corner of the front of the certificate to see if the identity and work information of the "foreign teacher" are consistent with the actual situation, whether the work unit is consistent with its current unit, whether the work position is "teaching staff" and whether the work position is "teacher".If any of the above information is inconsistent, it is illegal employment.

2二看护照和签证

Two：Look at passport and visa

看“外教”护照是否在有效期内，护照上是否有当地出入境管理部门签发的居留许可，并查看居留事由一项是否为“工作”且在许可有效期内，如果事由非“工作”或许可超出有效期，则持证人便是非法就业的“黑外教”。

See if the "foreign teacher" passport is valid, whether there is a residence permit issued by the local entry-exit administration department on the passport, and whether the residence permit is "work" and within the validity period of the permit, if the cause is not "work" or may exceed the validity period, the holder of the passport is the "black foreign teacher" who is illegally employed.

非法就业的”黑外教”一经查实会受到什么样的处罚呢？

Once the illegal employment of "black foreign teachers" has been verified, what kind of punishment will be imposed?

根据《中华人民共和国出境入境管理法》第八十条规定：外国人非法就业的，处五千元以上二万元以下罚款；情节严重的，处五日以上十五日以下拘留，并处五千元以上二万元以下罚款。

According to Article 80 of 《the Law of the People's Republic of China on the Administration of Exit and Entry》, aliens who are illegally employed shall be fined not less than 5,000 yuan but not more than 20,000 yuan; if the circumstances are serious, they shall be detained for not less than 5 days but not more than 15 days and fined not less than 5,000 yuan and not more than 20,000 yuan.

介绍外国人非法就业的人员或机构也不要以为可以逍遥法外

The persons or institutions who introduces the illegal employment of Foreigners should not be regarded as innocent either.

《中华人民共和国出境入境管理法》第八十条同时规定： 介绍外国人非法就业的，对个人处每非法介绍一人五千元，总额不超过五万元的罚款；对单位处每非法介绍一人五千元，总额不超过十万元的罚款；有违法所得的，没收违法所得。

Article 80 of 《the Law of the People's Republic of China on the Administration of Exit and Entry 》simultaneously stipulates that if If a foreigner is introduced to work illegally, a fine of 5,000元，but not more than 50,000 yuan shall be imposed on the individual for every illegal introduction; The unit shall be fined 5,000 yuan, but not more than 100,000 yuan for each illegal introduction of a person; if there is illegal income, the illegal income shall be confiscated.

一个机构如找到符合条件的外国人，想要聘请其成为“外教”，需要到当地科学技术厅（或局）和公安机关出入境管理部门办理合法手续。手续不齐或私用其他机构的“外教”，均属于非法聘用外国人，一经查实也将面临处罚：

In addition, if an institution finds qualified foreigners and wants to employ them as "foreign teachers", they needs to go through legal formalities with the local science and Technology Department (or bureau) and the entry-exit Management Department of public security organs. Uneven procedures or the use of "foreign teachers" in other institutions are illegal employment of foreigners. Once verified, they will also face punishment:

《中华人民共和国出境入境管理法》第八十条还规定： 非法聘用外国人的，处每非法聘用一人一万元，总额不超过十万元的罚款；有违法所得的，没收违法所得。

Article 80 of 《the Law of the People's Republic of China on the Administration of Exit and Entry》also stipulates that anyone who illegally employs foreigners shall be fined 10,000, but not more than 100,000 yuan for every illegal employee; if there are illegal gains, the illegal gains shall be confiscated.

如您发现非法“外教”

请立即拨打110

或向当地出入境管理部门举报

对非法“外教”坚决说“NO！”

If you find illegal "foreign teachers"

Please dial 110 immediately.

Or report to the local immigration and entry authorities

Say "NO" resolutely to illegal "foreign teachers".

--Source: National Immigration Administration

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