Decision No. 11/2007/QD-BGDĐT on amending and supplementing certain articles of the examination regulation for secondary school graduation and high school graduation issued pursuant to Decision No. 17/2002/QD-BGD&ĐT dated April 5, 2002, and amended and supplemented by Decisions No. 13/2004/QD-BGD&ĐT dated April 28, 2004, No. 06/2005/QD-BGD&ĐT dated February 17, 2005, and No. 19/2006/QD-BGD&ĐT dated May 11, 2006, of the Minister of Education and Training.

Pursuant to …;

Regarding the amendment and supplementation of certain articles of the examination regulation for completion of lower secondary and upper secondary education issued

pursuant to Decision No. 17/2002/QĐ-BGD&ĐT dated April 5, 2002 and amended and supplemented by Decisions No. 13/2004/QĐ-BGD&ĐT dated April 28, 2004,

Decision No. 06/2005/QĐ-BGD&ĐT dated February 17, 2005,

Decision No. 19/2006/QĐ-BGD&ĐT dated May 11, 2006

of the Minister of Education and Training

_________________
THE MINISTER OF EDUCATION AND TRAINING

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

Pursuant to Decree No. 75/2006/NĐ-CP dated August 2, 2006 of the Government detailing and guiding the implementation of certain provisions of the Education Law;

The Minister of Education and Training promulgates this Circular amending and supplementing certain provisions of the Regulations on the procedures for recognizing diplomas issued to Vietnamese citizens by foreign educational institutions accompanying Decision No. 77/2007/QĐ-BGDĐT dated December 20, 2007 of the Minister of Education and Training.

DECISION:

Article 1. Amending and supplementing certain articles of the Examination Regulation for Completion of Lower Secondary and Upper Secondary Education issued pursuant to Decision No. 17/2002/QĐ-BGD&ĐT dated April 5, 2002 and amended and supplemented by Decisions No. 13/2004/QĐ-BGD&ĐT dated April 28, 2004, No. 06/2005/QĐ-BGD&ĐT dated February 17, 2005, and No. 19/2006/QĐ-BGD&ĐT dated May 11, 2006 of the Minister of Education and Training, as follows:

1. Amend Clause 3 of Article 3, as follows:

"3. In special cases, the Minister of Education and Training shall decide to organize the second session of the upper secondary graduation examination."

2. Amend Clause 3 of Article 9, as follows:

"3. The bonus points specified in Points a, b, and c of Clause 1 of Article 9 of this Regulation shall be retained during the academic year and added when candidates take the examination."

3. Amend Point g of Clause 1 of Article 16, as follows:

"g) If the essay-type test contains two or more questions, the number of points for each question must be clearly stated on the test paper. Both the essay-type test and the multiple-choice test scores shall be converted to a scale of 10 points."

4. Amend Clause 3 of Article 19, as follows:

"3. The secretary and member shall be specialized staff from the Department of Education and Training or officers and teachers from upper secondary schools or continuing education centers. The number of secretaries and members shall be determined by the Director of the Department of Education and Training."

5. Amend Clause 2 of Article 22, as follows:

"2. The number of leaders (Chairman and Vice Chairmen), secretaries, and supervisors shall be determined by the competent authority establishing the examination board according to the number of candidates taking the examination."

6. Supplement Clause 7 to Article 22, as follows:

"7. Examiners and those involved in examination support services must study and fully understand the examination regulations; they are not allowed to carry personal communication devices while performing their duties within the examination area."

7. Supplement Clause 6 to Article 25, as follows:

"6. Markers and those involved in examination marking support services must study and fully understand the examination regulations; they are not allowed to carry personal communication devices while performing their duties within the marking area."

8. Supplement Clause 6 to Article 29, as follows:

"6. Markers and those involved in examination re-marking support services must study and fully understand the examination regulations; they are not allowed to carry personal communication devices while performing their duties within the re-marking area."

9. Amend Point b of Clause 2 of Article 31, as follows:

"b) For upper secondary schools: the Department of Education and Training."

10. Amend Clause 1 of Article 45, as follows:

"1. For those participating in organizing the examination:

a) Civil servants and public officials involved in examination work who violate the examination regulations (discovered during duty performance or after the examination), if there is sufficient evidence, will be subject to disciplinary action by the personnel management agency based on the Civil Servant Law and Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government regarding the handling of disciplinary actions against civil servants, in the following forms:

- Reprimand for minor offenses during duty performance.

- Suspension from examination duties immediately upon discovery and warning for those violating any of the following:

+ Providing incorrect or out-of-syllabus questions;

+ Bringing prohibited materials or items into the question preparation area, examination room, or marking room;

+ Neglecting examination preparation, affecting examination results;

+ Neglecting examination supervision, allowing candidates to copy or use prohibited materials or items in the examination room;

+ Marking incorrectly or making numerous errors.

- Suspension from examination duties immediately upon discovery and, depending on the severity of the violation, may result in salary reduction, demotion, dismissal, or termination for those committing any of the following:

+ Tampering with candidate records (altering school transcripts, grade books, or related documents);

+ Directly providing answers to candidates during the examination;

+ Revealing candidate identification numbers or examination papers;

+ Swapping candidate examination papers, identification numbers, or scores;

+ Losing candidate examination papers during collection, transportation, storage, or marking;

+ Altering candidate responses or scores on examination papers or marking sheets.

- Immediate suspension from examination duties and referral to criminal investigation for those committing any of the following:

+ Revealing examination questions or buying/selling examination questions;

+ Taking examination questions out of the examination area or bringing answers into the examination area during the examination;

+ Organized cheating.

b) Those who are not civil servants or public officials but participate in the examination and violate the examination regulations (discovered during duty performance or after the examination), if there is sufficient evidence, will be handled according to labor laws, administrative penalty laws, and relevant laws.

d) The forms of handling violations as prescribed in point a, Clause 1 of this Article shall be decided by the Head of the personnel management agency based on the proposal of the Examination Supervision Board.

Article 2. This Decision takes effect fifteen days after its publication in the Official Gazette. All previous provisions that conflict with this Decision are hereby abolished.

Article 3. The Director of the Office, the Director of the Department of Examinations and Quality Assurance in Education, the Heads of relevant units under the Ministry of Education and Training; the Chairpersons of the People's Committees of provinces and centrally governed cities; the Directors of Departments of Education and Training; the Rectors of universities and academies; the Principals of university and college institutions are responsible for implementing this Decision.