THÔNG TƯ 11/2022/TT-BGDĐT NGÀY 26/07/2022 QUY ĐỊNH VỀ LIÊN KẾT TỔ CHỨC THI CẤP CHỨNG CHỈ NĂNG LỰC NGOẠI NGỮ CỦA NƯỚC NGOÀI DO BỘ TRƯỞNG BỘ GIÁO DỤC VÀ ĐÀO TẠO BAN HÀNH

CIRCULAR

REGULATIONS ON JOINT ORGANIZATION OF FOREIGN LANGUAGE CERTIFICATE EXAMS OF FOREIGN COUNTRIES

Pursuant to the Law on Education of Vietnam dated June 14, 2019;

Pursuant to Decree No. 69/2017/ND-CP dated May 25, 2017 of the Government of Vietnam on functions, tasks, entitlements, and organizational structure of the Ministry of Education and Training of Vietnam;

Pursuant to Decree No. 86/2018/ND-CP dated June 6, 2018 of the Government of Vietnam on foreign cooperation and investment in education;

At the request of the General Director of the Quality Control Department;

The Minister of Education and Training of Vietnam promulgates the Circular on joint organization of foreign language certificate exams of foreign countries.

Article 1. Scope and regulated entities

1. This Circular provides for regulations on the joint organization of foreign language certificate exams of foreign countries.

2. This Regulation applies to:

a) Educational institutions, training institutions, or organizations legally established for operation in the field of education in Vietnam

b) Agencies, organizations, and facilities that assess the foreign language proficiency legally established for operation abroad.

c) Organizations and individuals related to the joint organization of foreign language certificate exams of foreign countries in Vietnam.

Article 2. Joint organization of foreign language certificate exams of foreign countries

1. Certificates of foreign language proficiency of foreign countries are documents that confirm the results of foreign language proficiency exams issued to participants by agencies, organizations, or foreign language proficiency assessment agencies of foreign countries. The certificate of foreign language proficiency of a foreign country is not a certificate of the national education system.

2. Joint organization of foreign language certificate exams of foreign countries is the cooperation between educational institutions, training institutions, or organizations legally established for operation in the field of education in Vietnam (hereinafter referred to as “exam organization facilities of Vietnam) and agencies, organizations, and facilities that assess the foreign language proficiency legally established for operation abroad (hereinafter referred to as “foreign facilities of foreign language proficiency assessment”) via written agreements or joint contracts to carry out one of the following works: exam registration, location use, exam organization, foreign language proficiency assessment, and issuance of certificates of foreign language proficiency of foreign countries in Vietnam.

3. Subjects for joint organization, applications for approval, approval procedures, approval competency, deadline, extension, adjustment, suspension, termination of joint organization, and regulations on reports shall comply with regulations of the Government of Vietnam on foreign cooperation and investment in education.

4. Schemes for the implementation of joint organization of foreign language certificate exams of foreign countries in Vietnam of the Exam Organization Facilities of Vietnam and Foreign Facilities of Foreign Language Proficiency Assessment (hereinafter referred to as “Joint Parties”) shall clearly describe the satisfactory levels of the criteria for quality assurance as prescribed in Article 3 of this Circular.

Article 3. Quality assurance in joint organization of foreign language certificate exams of foreign countries

1. Certificates of foreign language proficiency of foreign countries are legal and valid for use in the world when they are recognized by competent authorities of the country using the language in which the certificate is issued as its official language or for consideration and approval of immigration applications, naturalization, or grant of entry visa to citizens of countries wishing to settle, work, research, or study at the time of approval of the joint organization of the exam.

2. Foreign facilities of foreign language proficiency assessment shall provide information on the following factors of quality assurance:

a) Exam questions that ensure reliability, accuracy, objectivity, transparency, and fairness in assessing participants’ foreign language proficiency; do not violate laws, fine customs and culture of Vietnam; are confidential when being copied, packed, transported (if any), preserved and used; sample exam questions shall be published for participants to easily and adequately access them;

b) Procedures for registration for exam participation, procedures for exam organization, ensuring strictness, science, reliability, accuracy, objectivity, transparency, and fairness in assessing participants’ foreign language proficiency and preventing and eliminating acts of cheating. Procedures for registration for exam participation, regulations on exam participation, and documents on exam guide publicly disclosed on official and legal electronic information websites of foreign facilities of foreign language proficiency assessment;

c) Physical facilities and equipment to organize the exam; assurance of security, safety, and confidentiality during and after the exam;

d) Clear and strict regulations on staff, technical staff, and employees of Joint Parties when participating in the exam organization;

dd) Table of exam result conversion with the Common European Framework of Reference (CEFR) recognized by agencies prescribed in Clause 1 of this Article;

e) Exam results are timely disclosed, certificates of foreign language proficiency are issued on time, procedures for issuing additional certificates, and exam result look-up is convenient for participants; exam results are stored on the data system to serve the verification of exam results during their effective period; clear and convenient procedures for receiving and settling complaints on exam results for participants; effective measures to ensure the confidentiality of personal identification information.

3. Exam organization facilities of Vietnam shall provide information on the following factors of quality assurance:

a) Functions of organizing training and advanced training or inspection and assessment of foreign language proficiency of the unit;

b) Official and legal electronic information websites that provide adequate and clear information to participants who register for participation and serve the exam organization and exam result verification;

c) Managers of the unit who have at least bachelor’s degrees in fields of foreign language, foreign literature, and foreign culture affiliated to at least 1 of the languages that the unit conducts the joint organization of exams;

d) In case of using examination officers of Exam Organization Facilities of Vietnam: each examination room must have at least 1 examination officer who is a lecturer or teacher, and other examination officers must at least be at the college level and have received training in the examination; arrange technical staff that meet the requirement for the use of equipment serving the exam organization; arrange adequate employees to serve the exam organization;

dd) Locations, physical facilities, and equipment to ensure the exam organization: have sufficient examination rooms and functional rooms to organize exams of skills according to the request of the foreign facility of foreign language proficiency assessment and by each exam; examination rooms must be soundproof, have enough light, tables, chairs, and other equipment to organize the exam; have a surveillance camera system that records all developments of the whole examination room continuously during the exam period, and camera data can be stored for at least 2 years and used in accordance with the law; have sufficient recording, pronunciation, video recording equipment, and specialized software to satisfy requirements for the exam organization; have security inspection devices (magnetic gates or portable devices) to control and prevent participants from bringing illegal documents and items to the examination room; have a place to store participants’ belongings; have working rooms for the examination council, examination officers, and staff that receive and deliver exam questions and papers; have boxes, cabinets, or safes with strong locks to keep exam questions and papers safe and secure; have a computer system including servers, workstations, security devices for the system, data storage devices, uninterruptible power supply (UPS), backup power sources, and ancillary equipment meeting technical requirements in case the exam is held on computers; in case the exam is organized online, there must be sufficient means, equipment, and devices for security, adopt measures to ensure information safety and effectively prevent acts of cheating; have exam marking rooms (if marking is performed) that ensure safety and isolation with surveillance cameras to monitor all developments during the process of marking and the camera data can be stored for at least 2 years and used in accordance with the law; the examination and marking area (if marking is performed) shall satisfy requirements for safety, confidentiality, and prevention and control of fire and explosion;

e) Publicity and transparency of exam fees and other fees related to exams for issuance of certificates (if any); provision of financial explanations to society and submission of reports to competent authorities as per regulation.

Article 4. Joint Parties shall:

1. Comply with their declarations in the approved scheme for joint organization of foreign language certificate exams of foreign countries. In case of changes in such declarations compared to the scheme, Joint Parties shall submit reports to the Ministry of Education and Training of Vietnam for consideration for adjustment decisions.

2. Organize training and advanced training in necessary methods and skills for managers, examination officers, exam marking staff (if any), and technical staff that participate in the joint organization of foreign language certificate exams of foreign countries.

3. Store records on joint organization of foreign language certificate exams of foreign countries according to regulations.

4. Notify in writing the schedule for the organization of foreign language certificate exams of foreign countries to Departments of Education and Training of provinces and centrally affiliated cities where the exam is held 5 days before the organization of the exam.

5. Perform other obligations as prescribed by law.

Article 5. Responsibilities of management agencies

1. The Quality Control Department of the Ministry of Education and Training of Vietnam shall:

a) Receive applications for approval of joint organization of foreign language certificate exams of foreign countries; take charge and cooperate with relevant units in appraising such applications and presenting them to the Minister of Education and Training of Vietnam for approval of schemes for joint organization of foreign language certificate exams of foreign countries according to regulations of the Government of Vietnam on foreign cooperation and investment in education and regulations of this Circular;

b) Publicly disclose and update the list of units approved for conducting the joint organization of foreign language certificate exams of foreign countries, violating units, and suspended units related to the joint organization of foreign language certificate exams of foreign countries on the Electronic Information Portal of the Ministry of Education and Training of Vietnam;

c) Preside over the inspection of joint organization of foreign language certificate exams of foreign countries.

2. Relevant units affiliated to the Ministry of Education and Training of Vietnam shall cooperate with the Quality Control Department in appraising applications for approval of joint organization of foreign language certificate exams of foreign countries and inspecting the joint organization of foreign language certificate exams of foreign countries.

3. Departments of Education and Training of provinces and centrally affiliated cities shall provide advisory services to People’s Committees of provinces and cities in inspecting the joint organization of foreign language certificate exams of foreign countries in their area according to schemes for joint organization approved by the Ministry of Education and Training of Vietnam.

Article 6. Entry into force

1. This Circular comes into force as of September 10, 2022.

2. Chief of the Office, Director of the Quality Control Department, directors of affiliates of the Ministry of Education and Training of Vietnam; directors of Departments of Education and Training; directors of universities and institutions; principals of universities; relevant organizations and individuals shall implement this Circular./.