Circular 11/2022/TT-BGDDT jointly organizing examinations for foreign certificates of foreign-language proficiency

CIRCULAR

Providing joint organization of exams for issuance of foreign language proficiency certificates^[1]

Pursuant to the June 14, 2019 Education Law;

Pursuant to the Government’s Decree No. 69/2017/ND-CP of May 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

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

At the proposal of the Director of the Education Quality Management Agency;

The Minister of Education and Training promulgates the Circular providing joint organization of exams for issuance of foreign language proficiency certificates.

Article 1. Scope of regulation and subjects of application

1. This Circular provides joint organization of exams for issuance of foreign language proficiency certificates.

2. This Circular applies to:

a/ Education and training institutions or organizations lawfully established and operating in the field of education in Vietnam;

b/ Language proficiency assessment agencies, organizations and institutions lawfully established and operating in foreign countries;

c/ Organizations and individuals involved in joint organization of exams for issuance of foreign language proficiency certificates in Vietnam.

Article 2. Joint organization of exams for issuance of foreign language proficiency certificates

1. Foreign language proficiency certificate is a document certifying language proficiency test results issued to a candidate by a foreign language proficiency assessment agency, organization or institution. Foreign language proficiency certificates are not certificates of the national education system.

2. Joint organization of exams for issuance of foreign language proficiency certificates means the cooperation between an education and training institution or organization lawfully established and operating in the field of education in Vietnam (below referred to as Vietnamese exam organization institution) and a foreign language proficiency assessment agency, organization or institution lawfully established and operating in a foreign country (below referred to as foreign language proficiency assessment institution) under a joint agreement or contract to perform one of the following jobs: registering for exam participation, using exam venues, organizing exams, and assessing foreign language proficiency and issuing foreign language proficiency certificates ​​in Vietnam.

3. Subjects entering into joint activities; dossiers of request and procedures for approval of, and competence to approve, joint activities; duration, extension, adjustment, suspension, and termination of joint activities; and reporting regime must comply with the Government’s regulations on foreign cooperation and investment in the field of education.

4. Schemes on joint organization of exams for issuance of foreign language proficiency certificates in Vietnam between Vietnamese exam organization institutions and foreign language proficiency assessment institutions (below referred to as Joint Parties) must clearly describe the degree of satisfaction of the quality assurance factors specified in Article 3 of this Circular.

Article 3. Assurance of quality in joint organization of exams for issuance of foreign language proficiency certificates

1. A foreign language proficiency certificate shall be regarded as legal and valid around the world when it is recognized by the authority of the country where the language in which candidates’ language proficiency is tested is used as an official language, or when it is used for consideration and approval of dossiers for immigration or naturalization, and issuance of entry visas for citizens of foreign countries wishing to settle, work, conduct researches or study there at the time of approval of the scheme on joint organization of exams.

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

a/ Exam questions must ensure reliability, accuracy, objectivity, transparency and fairness in assessment of candidates’ foreign language proficiency; not violate the law, fine customs and traditions and culture of Vietnam; and be kept confidential throughout the process of copying, packing, transportation (if any), preservation and use; sample exam questions must be made public so as to provide easy and complete access for candidates;

b/ Exam registration process and exam organization process must be strict and scientific and ensure reliability, accuracy, objectivity, transparency and fairness in assessment of candidates’ foreign language proficiency, prevent and eliminate cheating in exams; exam registration process, rules of exam participation, and exam guidance documents must be publicized on the lawful official websites of foreign language proficiency assessment institutions;

c/ There must be sufficient physical facilities and equipment serving exam organization; and plans on assurance of security, safety and confidentiality before, during and after exams;

d/ There must be clear and strict regulations on officials, technicians and staff members of the Joint Parties engaged in joint organization of exams;

dd/ The table for conversion of exam results with the Common European Framework of Reference for Languages (CEFR) must be recognized by the authorities specified in Clause 1 of this Article;

e/ Exam results must be promptly announced; foreign language proficiency certificates must be issued within the specified time limit; procedures for issuance of additional certificates and search for exam results must be convenient for candidates; exam results must be stored on a data system serving the verification of exam results within their validity period; the process of receiving and settling complaints about exam results must be clear and convenient for candidates; and there must be effective measures to secure personally identifiable information.

3. Vietnamese exam organization institutions shall provide information on the following quality assurance factors:

a/ The Vietnamese exam organization institutions must have the function of organizing foreign language training and further training courses or testing and assessing foreign language proficiency;

b/ There must be a lawful official website to provide complete and clear information to registered candidates and serve exam organization and verification of exam results;

c/ The Vietnamese exam organization institutions’ managers must possess a bachelor or higher degree in the discipline of foreign language, literature or culture concerning at least 1 foreign language for which the institutions enter into joint organization of exams for issuance of foreign language proficiency certificates;

d/ In case of employing supervisors of the Vietnamese exam organization institutions: Each exam room must have at least 1 supervisor who is a lecturer or teacher; other supervisors must possess a college or higher degree and be trained in exam supervision; there must be technicians capable of using equipment and sufficient staff members serving exam organization;

dd/ Exam venues and facilities and equipment serving exam organization: There must be efficient exam rooms and functional rooms to organize tests for different language skills as required by the foreign language proficiency assessment institutions and for each exam; exam rooms must be soundproof and properly lighted and equipped with sufficient desks, chairs and other equipment serving  exam organization; there must be a surveillance camera system capable of uninterruptedly recording all happenings in exam rooms throughout the exam period; camera data must be retained for at least 2 years and shall be used in accordance with law; there must be sufficient audio recorders, loudspeakers, video recorders and specialized software meeting exam organization requirements; security devices (magnetic gates or handheld devices) to control and prevent candidates from bringing unauthorized documents and items into exam rooms; areas for keeping candidates’ belongings; working rooms for the exam council and officials on duty, and rooms for delivery and receipt of question sheets and answer sheets; lockable boxes, cabinets or safes to store question sheets and answer sheets in a safe and secure manner; and a computer system including servers, workstations, system security devices, data storage devices, uninterrupted power supply, backup power sources, and auxiliary equipment up to technical requirements in case of computer-based exams; in case of online exams, there must be sufficient devices and equipment, security devices, and effective solutions to ensure information security and combat cheating; there must be  rooms for marking answer sheets (in case the joint organization of exams covers also exam marking) which are secure and isolated and installed with surveillance cameras capable of monitoring all happenings during the marking process; camera data must be retained for at least 2 years and shall be used in accordance with law; the exam areas and exam marking areas (in case the joint organization of exams covers also exam marking) must meet safety, security and fire and explosion prevention and fighting requirements;

e/ Exam fees and other charges related to the process of organization of exams for issuance of certificates (if any) must be made public and reported to competent authorities according to regulations.

Article 4. Responsibilities of Joint Parties

1. To implement their commitments in approved schemes on joint organization of exams for issuance of foreign language proficiency certificates. In case of changing the approved schemes, the Joint Parties shall report thereon to the Ministry of Education and Training for consideration and decision.

2. To provide training and further training in necessary methods and skills for managers, exam supervisors and markers (if any), and technicians engaged in joint organization of exams for issuance of foreign language proficiency certificates.

3. To keep dossiers on joint organization of exams for issuance of foreign language proficiency certificates under regulations.

4. To notify in writing the schedule of exams for issuance of foreign language proficiency certificates to provincial-level Departments of Education and Training of the localities where exams are organized at least 5 days before the exam date.

5. To perform other obligations as prescribed by law.

Article 5. Responsibilities of management agencies

1. The Education Quality Management Agency of the Ministry of Education and Training shall:

a/ Receive dossiers of request for approval for joint organization of exams for issuance of foreign language proficiency certificates; assume the prime responsibility for, and coordinate with related units in, appraising these dossiers for submission to the Minister of Education and Training for the latter to approve schemes on joint organization of exams for issuance of foreign language proficiency certificates according to the Government’s regulations on foreign cooperation and investment in the field of education and the provisions of this Circular;

b/ Publicly announce and update on the Portal of the Ministry of Education and Training the list of units approved to jointly organize exams for issuance of foreign language proficiency certificates, units that commit violations, and units subject to suspension of joint organization of exams for issuance of foreign language proficiency certificates;

c/ Assume the prime responsibility for inspecting joint organization of exams for issuance of foreign language proficiency certificates.

2. Related units under the Ministry of Education and Training shall coordinate with the Education Quality Management Agency in appraising dossiers of request for approval of joint organization of exams for issuance of foreign language proficiency certificates and inspecting joint organization of exams for issuance of foreign language proficiency certificates.

3. Provincial-level Departments of Education and Training shall advise provincial-level People’s Committees to inspect and examine joint organization of exams for issuance of foreign language proficiency certificates ​​in their localities according to schemes on joint organization of exams approved by the Ministry of Education and Training.

Article 6. Effect

1. This Circular takes effect on September 10, 2022.

2. The Chief of the Office, the Director of the Education Quality Management Agency, and heads of related units under the Ministry of Education and Training; directors of provincial-level Departments of Education and Training; directors of general universities and academies; principals of universities; and related organizations and individuals shall implement this Circular.-

For the Minister of Education and Training
Deputy Minister
NGUYEN HUU DO