Decision No. 09/2001/QD-BGDDT on Amending Certain Articles of the Examination Regulations for Graduation from Secondary School Equivalency and High School Equivalency Programs issued pursuant to Decision No. 06/1999/QD-BGDDT dated February 26, 1999, of the Minister of Education and Training.

Pursuant to …;

Regarding the amendment of certain Articles of the Examination Regulations for Graduation from Secondary School Equivalency and High School Equivalency issued pursuant to Decision No. 06/1999/QĐ-BGDĐT dated February 26, 1999 of the Minister of Education and Training

and High School Equivalency

dated February 26, 1999 of the Minister of Education and Training

___________________

MINISTER OF EDUCATION AND TRAINING

Pursuant to Government Decree No. 43/2000/NĐ-CP dated August 30, 2000 detailing and guiding the implementation of certain provisions of the Education Law;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies;

Pursuant to Decision No. 06/1999/QĐ-BGD&ĐT dated February 26, 1999 of the Minister of Education and Training on the issuance of the Examination Regulations for Graduation from Secondary School Equivalency and High School Equivalency,

At the proposal of the Director of the Department of Continuing Education,

DECISION:

Article 1: Amend certain Articles of the Examination Regulations for Graduation from Secondary School Equivalency and High School Equivalency issued pursuant to Decision No. 06/1999/QĐ-BGD&ĐT dated February 26, 1999 of the Minister of Education and Training as follows:

1) Amend Article 3 as follows:

"1. The graduation examination for High School Equivalency shall be organized uniformly throughout the country at provincial and centrally-administered city levels, once a year. The examination date shall be specified by the Ministry of Education and Training in the annual academic calendar.

2. The graduation examination for Secondary School Equivalency shall be organized uniformly at provincial and centrally-administered city levels, twice a year. The examination date shall be determined and announced to students at the beginning of the academic year by the Department of Education and Training."

2) Amend Clause 4 of Article 8 as follows:

"4. A primary school graduation certificate or a certificate of completion for candidates taking the Secondary School Equivalency examination; a secondary school graduation certificate (general or equivalency) or a certificate of completion or a vocational high school graduation certificate for candidates taking the High School Equivalency graduation examination."

3) Amend Article 9 as follows:

"1. Candidates who take all subjects prescribed in the examination period and fail but are not disciplined with cancellation of results for the entire examination period may retain scores of 5 or above (called retained scores) for the immediate subsequent examination period only.

2. Candidates with retained scores may participate in the examination in either of the following ways:

a) By taking all subjects prescribed in the examination period.

b) By taking only those subjects without retained scores from the previous examination period, including subjects that were not required in the previous examination period but are prescribed in this examination period."

4) Amend Article 11 as follows:

"To be recognized as having graduated from Secondary School Equivalency or High School Equivalency, candidates must meet one of the following conditions:

1. Participate in all prescribed subjects in the examination period, achieving an average score of 5 or above across all subjects, with no zero scores.

2. Only participate in retake examinations for required subjects, achieving an average score of 5 or above between retained scores and retake scores, with no zero scores in retake subjects."

5) Amend Article 53 as follows:

"Disciplinary measures against civil servants participating in the graduation examination shall be implemented according to Decree No. 97/1998/NĐ-CP of the Government dated November 17, 1998 on disciplinary measures and material responsibility for civil servants and Circular No. 05/1999/TT-TCCP dated March 27, 1999 of the Civil Service Management Board guiding the implementation of this Decree.

Disciplinary measures against teachers and staff who are not civil servants participating in the graduation examination shall be implemented according to the provisions of their labor contracts and current laws."

6) Amend Article 54 as follows:

"The application of disciplinary measures as stipulated in Article 53 depends on the degree of fault and the harm caused by such fault. Specifically:

1. The reprimand disciplinary measure shall be applied to cases where faults arise due to lack of responsibility but have not caused significant harm:

- Not being present at the examination board at the designated time.

- Engaging in personal activities during the examination supervision.

2. The warning disciplinary measure shall be applied to cases where faults cause relatively serious harm to the examination results:

- Losing examination files, causing a candidate to lose the right to take the examination or losing a candidate's examination paper, making it impossible for the examination board to determine the examination result.

- Marking examination papers inaccurately compared to the marking guidelines of the examination selection and question-setting board.

- Allowing candidates to bring examination materials into the examination room, looking at each other's papers, or copying during the examination.

- Summing up scores incorrectly or incompletely, affecting the examination results.

- Refusing to comply with the assignment of the Chairperson of the examination board.

3. The reduction in salary grade disciplinary measure shall be applied to cases:

- Providing answers to candidates during the examination.

- Transferring examination questions out of the examination area or bringing answer sheets into the examination room during the examination.

- Setting examination questions that are incorrect in basic knowledge or outside the scope of the examination program, requiring a retake.

- Intentionally marking examination papers contrary to the marking guidelines.

4. The demotion in civil servant rank disciplinary measure shall be applied to cases:

- Organizing the provision of answers during the examination.

- Altering candidates' answers;

- Leaking examination questions, causing significant harm to the organization of the examination.

5. The removal from position disciplinary measure shall be applied to cases:

- Intentionally altering examination scores, affecting the examination results.

- Making decisions that are wrong and cause significant harm to the organization of the examination.

6. The dismissal disciplinary measure shall be applied to cases of intentional violation of the Examination Regulations and related organizational documents, causing significant harm to the examination results:

- Buying or selling examination questions.

- Accepting or offering bribes during the examination process.

- Intentionally leaking examination questions, causing significant harm to the organization of the examination.

- Issuing certificates to individuals not listed in the graduation list.

In all these cases, the direct supervisor of the person violating the discipline must immediately suspend their work at the examination board and propose disciplinary action to higher authorities."

Article 2: This Decision takes effect fifteen days after its signing. Abolish Decision No. 05/2000/QĐ-BGD&ĐT dated March 3, 2000 regarding the amendment of certain Articles of the Examination Regulations for Graduation from Secondary School Equivalency and High School Equivalency issued pursuant to Decision No. 06/1999/QĐ-BGD&ĐT dated February 26, 1999.

Article 3: The Chairmen of Provincial People's Committees, centrally-administered city-level People's Committees; Directors of the Office, Directors of the Department of Continuing Education, Heads of units related to the Ministry of Education and Training; Directors of Departments of Education and Training, Directors of the Military Training Bureau under the General Staff Department of the Ministry of National Defense are responsible for implementing this Decision./.