Thông tư 11/2022/TT-BGDĐT quy định về liên kết tổ chức thi cấp chứng chỉ năng lực ngoại ngữ của nước ngoài

CIRCULAR

Prescribing regulations on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency

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

Pursuant to the Government’s Decree No. 69/2017/ND-CP dated 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 dated June 6, 2018 prescribing regulations on cooperation and foreign investment in education;

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

The Minister of Education and Training hereby issues the Circular prescribing regulations on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency.

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes regulations on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency.

2. This Circular applies to:

a) Education and training institutions or organizations that are legally established and are operating in the field of education in Vietnam;

b) Foreign language assessment agencies, organizations and establishments that are established legally and are operating abroad;

c) Organizations and individuals involved in jointly organizing examinations for grant of foreign certificates of foreign-language proficiency in Vietnam.

Article 2. Jointly organizing examinations for grant of foreign certificates of foreign-language proficiency

            1. Foreign certificates of foreign-language proficiency shall be documents certifying the results of foreign language proficiency tests issued to candidates by foreign language assessment agencies, organizations or establishments. Foreign certificates of foreign-language proficiency are not the certificates of the national education system.

2. The joint organization of examinations for grant of foreign certificates of foreign-language proficiency shall be the cooperation between educational institutions, training institutions or organizations that are legally established and operating in the field of education in Vietnam (hereinafter referred to as examination-organizing establishments of Vietnam) with agencies, organizations and establishments assessing foreign-language proficiency  that are legally established and operating abroad (hereinafter referred to as foreign establishments assessing foreign-language proficiency) through a written agreement or partnership contract to execute one of the following task: registering for exams, using the venue, organizing the test, assessing foreign language proficiency, and issuing foreign certificates of foreign-language proficiency in Vietnam.

3. The subjects of partnership, dossiers of application for approval, approval procedures, approval competence, time limit, extension, adjustment, suspension, termination of partnership and reporting regimes shall comply with regulations of the Government on foreign cooperation and investment in the field of education.

4. The Plan on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency in Vietnam of the examination-organizing establishments of Vietnam and the foreign establishments assessing foreign-language proficiency (hereinafter referred to as the co-organizing parties) must clearly state the level of satisfaction of the quality assurance factors specified in Article 3 of this Circular.

Article 3. Quality management in jointly organizing examinations for grant of foreign certificates of foreign-language proficiency

            1. Foreign certificates of foreign-language proficiency shall be legal and valid for use world-wide when they are recognized by the competent authority of the country in which such language is the official one or to approve application dossiers for immigration, citizenship, grant entry visas to citizens of other countries who wish to settle, work, study and study at the time of approving the joint organization of examinations.

2. Foreign establishments assessing foreign-language proficiency shall provide information on the following quality assurance elements:

a) The examination questions must ensure reliability, accuracy, objectivity, transparency and fairness in assessing candidates' foreign language proficiency; must not violate the law, fine customs, customs and culture of Vietnam; must be confidential when copying, packing, transporting (if any), preserving and using; the sample examination questions must be published for easy and complete access to candidates;

b) The examination registration process and exam organization process must ensure the strict, scientific, reliable, accurate, objective, transparent and fair assessment of candidates' foreign language proficiency, prevent and eliminate fraudulent signs. The exam registration process, examination regulations, and exam guidance documents shall be publicly announced on the official and legal website of the foreign establishments assessing foreign-language proficiency;

c) The readiness of facilities and equipment to organize the examination; the assurance of security, safety and confidentiality before, during and after the examination;

d) Clear and strict regulations on the staff, technicians and employees of the parties when co-organizing the examination;

dd) Table of conversion of the examination results to the Common European Framework of Reference (CEFR) recognized by the agency specified in Clause 1 of this Article;

e) Exam results must be announced in a timely manner, foreign language proficiency certificates must be issued on time, the procedures for granting additional certificates and examination results must be convenient for candidates; exam results shall be stored on the data system to serve the verification of test results within the validity period of examination results; the process of receiving and settling complaints about examination results must be clear and convenient for candidates; effective measures must be taken to secure personally identifiable information.

3. Examination-organizing establishments of Vietnam shall provide information on the following quality assurance elements:

a) The function of organizing training and retraining or testing and assessing the foreign language proficiency of such unit;

b) The official and legal website must provide complete and clear information for candidates who register for the examination and serve the organization of the exam and the verification of exam results;

c) Managers of such unit must hold a bachelor's degree or higher in the fields of foreign languages, literature and culture in at least 01 language in which such unit co-organizes the examination;

d) In case of using exam invigilators of the examination-organizing establishment in Vietnam: each examination room must have at least 01 examination invigilator who is a lecturer or teacher, other examination invigilators must have qualifications of college degree or higher and must be trained in examination supervision; must have a team of technicians to meet the requirements of using equipment for the organization of the examination; have enough staff to organize the examination;

dd) The venue, facilities, and equipment must be guaranteed to organize the examination: there must be enough examination rooms and functional rooms to organization tests for each skill at the request of the foreign establishments assessing foreign-language proficiency and of each examination; the examination room must be soundproof, light-sufficient, have tables, chairs and other equipment to organize the examination; have a surveillance camera system that records all developments in the whole examination room continuously during the examination period, camera data must be stored for at least 2 years and used in accordance with the law; have enough recording, pronunciation, video recording equipment and specialized software to meet the requirements of exam organization; have security inspection devices (magnetic gates or handheld devices) to control and prevent candidates from bringing illegal documents and items into the examination room; there must be a place to store the candidates' belongings; a working room of the examination council to stay on duty, deliver and receive examination questions; must have boxes, cabinets, or safes with locks to store examination papers in a safe and secure way; have a computer system including servers, workstations, security devices for the system, data storage devices, power-saving devices, backup power sources, and auxiliary devices to meet technical requirements if the examination is computer-based; in cases where the examination is organized in virtual forms, there must be enough security means, equipment and devices, and an effective solution to ensure information safety and to prevent cheating; must have an marking room (if the marking is performed) to ensure the safety and isolation, with a camera to monitor all developments during the marking process, camera data must be stored for at least 2 years and used in accordance with the law; the examination and marking area (if the marking is performed) must ensure the requirements of safety, security and fire and explosion prevention;

e) Examination fees and other fees related to the certification examination process (if any) must be made publicly and transparently; financial explanations to the society must be conducted and report to competent agencies in accordance with the law.

Article 4. Responsibilities of co-organizing parties

1. To properly perform the commitments in the approved plan on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency. In cases where there is a change compared to the plan, the co-organizing parties shall report to the Ministry of Education and Training for consideration and decision on the adjustment.

2. To organize trainings and retrainings on methods and necessary skills for officers in charge of managing, supervising and marking the examination (if any), technicians involved in jointly organizing examinations for grant of foreign certificates of foreign-language proficiency.

3. To maintain records of joint organization of examinations for grant of foreign certificates of foreign-language proficiency in accordance with law regulations.

4. To notify in writing the schedule to organize examinations for grant of foreign certificates of foreign-language proficiency to the Departments of Education and Training of the provinces and centrally-run cities where the examination is held 05 days before the date of the examination.

5. To perform other obligations as prescribed by law.

Article 5. Responsibilities of managing agencies

1. The Education Quality Management Agency under the Ministry of Education and Training shall be responsible for:

a) Receiving application dossiers for approval of jointly organizing examinations for grant of foreign certificates of foreign-language proficiency; assuming the prime responsibility for, and coordinating with relevant units in, appraising dossiers and submitting to the Minister of Education and Training for approval the plan on jointly organizing examinations for grant of foreign certificates of foreign-language proficiency in accordance with the Government's regulations on foreign cooperation and investment in education and regulations of this Circular;

b) Publishing and updating on the website of the Ministry of Education and Training the list of approved units to jointly organize examinations for grant of foreign certificates of foreign-language proficiency, violating units, and units suspended from jointly organizing examinations for grant of foreign certificates of foreign-language proficiency;

c) Assuming the prime responsibility for supervising the joint organization of examinations for grant of foreign certificates of foreign-language proficiency.

2. Relevant units under the Ministry of Education and Training shall be responsible for coordinating with the Education Quality Management Agency to appraise the application dossiers for approval of jointly organizing examinations for grant of foreign certificates of foreign-language proficiency and inspecting the joint organization of examinations for grant of foreign certificates of foreign-language proficiency.

3. The Departments of Education and Training of the provinces and centrally-run cities shall be responsible for advising the People's Committees of such provinces and cities to inspect and examine the jointly organization of examinations for grant of foreign certificates of foreign-language proficiency in their locality in accordance with the test organization plan approved by the Ministry of Education and Training.

Article 6. Effect

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

2. The Chief of Office, Director of the Education Quality Management Agency, Heads of relevant units under the Ministry of Education and Training; Directors of the Departments of Education and Training; Directors of universities and academies; Principals of universities; relevant organizations and individuals shall be responsible for implementing this Circular./.

For the Minister

Deputy Minister

Nguyen Huu Do