Circular No. 11/2022/TT-BGDĐT on linking to organize foreign language proficiency certificate examinations

CIRCULAR

Provisions on organizing foreign language proficiency certificate examinations through collaboration

with foreign countries

Pursuant to the Education Law dated June 14, 2019;

Pursuant to Decree No. 69/2017/NĐ-CP dated May 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

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

At the proposal of the Director of the Quality Management Department;

The Minister of Education and Training issues this Circular provisions on organizing foreign language proficiency certificate examinations through collaboration with foreign countries.

Article 1. Scope of Regulation and Applicability

1. These Circulars provide for organizing foreign language proficiency certificate examinations through collaboration with foreign countries.

2. This Circular applies to:

a) Educational institutions, training organizations, or entities established and operating legally in the field of education in Vietnam;

b) Agencies, organizations, or foreign language assessment centers established and operating legally abroad;

c) Organizations and individuals related to collaborative test organization activities for foreign language certification in Vietnam.

Article 2. Collaboration in organizing foreign language proficiency certificate examinations

1. A foreign language proficiency certificate is a document confirming the results of a foreign language proficiency test issued by an agency, organization, or foreign language assessment center to candidates. Such certificates are not part of the national education system.

2. Collaboration in organizing foreign language proficiency certificate examinations refers to cooperation between educational institutions, training organizations, or entities established and operating legally in the field of education in Vietnam (hereinafter referred to as the Vietnamese Examination Organizing Entity) and agencies, organizations, or foreign language assessment centers established and operating legally abroad (hereinafter referred to as the Foreign Language Assessment Center) through agreements or joint contracts to carry out one or more of the following activities: registration for the examination, use of examination venues, organization of the examination, assessment of foreign language proficiency, and issuance of foreign language proficiency certificates in Vietnam.

3. The objects of collaboration, application procedures for approval, approval procedures, approval authority, duration, extension, adjustment, suspension, termination of collaboration, and reporting requirements shall be carried out in accordance with the Government's regulations on cooperation and investment by foreign entities in the field of education.

4. The project for implementing collaboration in organizing foreign language proficiency certificate examinations in Vietnam by the Vietnamese Examination Organizing Entity and the Foreign Language Assessment Center (hereinafter referred to as the Collaborating Parties) must clearly describe the extent to which they meet the quality assurance factors stipulated in Article 3 of these Circulars.

Article 3. Quality Assurance in collaboration in organizing foreign language proficiency certificate examinations

1. A foreign language proficiency certificate is considered legitimate and widely recognized internationally when it is officially acknowledged by the competent authority of the country whose language is the subject of the certificate as an official language, or used for reviewing immigration, citizenship applications, or issuing entry visas for citizens from countries seeking to reside, work, study, or conduct research at the time of approving the collaboration in organizing the examination.

2. The Foreign Language Assessment Center provides information on the following quality assurance factors:

a) Test questions that ensure reliability, accuracy, objectivity, transparency, fairness in assessing candidates' foreign language proficiency; do not violate Vietnamese laws, customs, traditions, and culture; are kept confidential during printing, packaging, transportation (if applicable), storage, and use; sample test questions are published to allow candidates easy and full access;

b) Registration procedures, examination organization procedures that ensure strictness, scientific rigor, reliability, accuracy, objectivity, transparency, fairness in assessing candidates' foreign language proficiency, preventing and eliminating cheating. Registration procedures, examination rules, and examination guidance materials are publicly disclosed on the official and lawful website of the Foreign Language Assessment Center;

c) Physical facilities and equipment for organizing the examination; ensuring security, safety, and confidentiality before, during, and after the examination;

d) Clear and strict regulations regarding the staff, technicians, and employees of the Collaborating Parties when participating in organizing the examination;

đ) A conversion table of examination results to the Common European Framework of Reference for Languages (CEFR) recognized by the authority specified in Clause 1 of this Article;

e) Examination results are promptly announced, foreign language proficiency certificates are issued within the prescribed timeframe, additional certificate issuance procedures are convenient for candidates, and examination result verification is easily accessible; examination results are stored in a database to serve the authentication of examination results during their validity period; procedures for receiving and resolving complaints about examination results are clear and convenient for candidates; effective measures are taken to secure personal identification information.

3. The Vietnamese Examination Organizing Entity provides information on the following quality assurance factors:

a) The function of organizing language training, enhancement, or testing and evaluation of language proficiency of the entity;

b) An official and lawful website providing comprehensive and clear information for candidates registering for the examination and serving examination organization and result verification;

c) Management staff of the entity holding a bachelor's degree or higher in foreign languages, literature, and cultures, covering at least one language in which the entity collaborates in organizing the examination;

d) In cases where invigilators from the Vietnamese Examination Organizing Entity are used: each examination room must have at least one invigilator who is a lecturer or teacher, other invigilators must hold a college degree or higher and must be trained in invigilation duties; there must be a technical support team meeting the requirements for using equipment for examination organization; there must be sufficient staff to organize the examination.

đ) Location, physical facilities, equipment to organize the examination: having sufficient examination rooms and functional rooms to organize examinations according to the requirements of foreign language proficiency assessment organizations and for each examination session; examination rooms ensuring soundproofing, adequate lighting, desks, chairs, and other equipment necessary for organizing examinations; having a surveillance camera system recording all activities in the examination room continuously throughout the examination period, with camera data stored for at least two years and used in accordance with the provisions of the law; having sufficient audio recording, playback, video recording devices, specialized software meeting the examination organization requirements; having security checking devices (metal detectors or handheld devices) to control and prevent examinees from bringing unauthorized materials and items into the examination room; having a place to store examinees' belongings; having examination board working rooms, on-duty rooms, question paper reception and submission rooms; having safes, cabinets, or strongboxes with secure locks to store examination papers and answer sheets safely and confidentially; having a computer system including servers, workstations, security equipment for the system, data storage devices, uninterruptible power supplies, backup power sources, auxiliary equipment to meet technical requirements if examinations are organized on computers; in cases where examinations are organized online, having sufficient means, equipment, security devices, effective solutions to ensure information security and prevent cheating; having marking rooms (if marking is conducted) ensuring safety, isolation, with surveillance cameras recording all marking activities, with camera data stored for at least two years and used in accordance with the provisions of the law; examination and marking areas (if marking is conducted) ensuring safety, confidentiality, and fire prevention requirements.

e) Publicizing and clearly stating examination fees and other related fees during the certification process (if applicable); providing explanations to society regarding financial matters and reporting to competent authorities as prescribed.

Article 4. Responsibilities of the Parties Involved in the CollaborationResponsibilities of Party CThe associated parties

1. Implementing commitments in the approved collaboration proposal for organizing foreign language proficiency certification examinations. In case of changes to the proposal, the parties involved shall report to the Ministry of Education and Training for review and decision on adjustments.

2. Organizing training and enhancing skills for management staff, invigilators, graders (if applicable), technical personnel participating in collaborative activities for organizing foreign language proficiency certification examinations.

3. Storing records of collaborative activities for organizing foreign language proficiency certification examinations in accordance with regulations.

4. Notifying in writing the schedule for organizing foreign language proficiency certification examinations to provincial Departments of Education and Training at least five days before the examination date.

5. Fulfilling other obligations as prescribed by law.

Article 5. Responsibilities of Management Agencies

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

a) Receiving applications for approval of collaborations to organize foreign language proficiency certification examinations; leading and coordinating with relevant units to appraise applications, submitting to the Minister of Education and Training for approval of collaboration proposals to organize foreign language proficiency certification examinations in accordance with the Government's regulations on foreign cooperation and investment in education and the provisions of this Circular;

b) Publicizing and updating on the Ministry of Education and Training's electronic portal the list of units approved for collaborations to organize foreign language proficiency certification examinations, units in violation, and units suspended from collaborating to organize foreign language proficiency certification examinations;

c) Leading the implementation of inspections of collaborative activities to organize foreign language proficiency certification examinations.

2. Relevant units under the Ministry of Education and Training shall be responsible for cooperating with the Quality Management Department to appraise applications for approval of collaborations to organize foreign language proficiency certification examinations and inspect collaborative activities to organize foreign language proficiency certification examinations.

3. Provincial Departments of Education and Training shall be responsible for advising provincial People's Committees to conduct inspections and checks on collaborative activities to organize foreign language proficiency certification examinations within their jurisdiction in accordance with approved collaboration proposals for organizing examinations by the Ministry of Education and Training.

Article 6. Effectiveness

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

2. The Head of the Office, the Director of the Quality Management Department, the Heads of relevant units under the Ministry of Education and Training; Directors of Provincial Departments of Education and Training; Directors of universities and academies; Principals of university-level institutions; organizations and individuals concerned are responsible for implementing this Circular./.