Circular No. 13/2023/TT-BGDĐT stipulates the supervision and evaluation of organizations conducting educational quality assessment in higher education and teacher training institutions.

CIRCULAR

Regulations on supervision and evaluation of organizations conducting quality assurance in higher education and teacher training colleges

universities and teacher training colleges

 

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Higher Education Law dated June 18, 2012; the Law Amending and Supplementing Certain Provisions of the Higher Education Law dated November 19, 2018;amending certain Articles of the Higher Education Law on November 19, 2018;

Pursuant to Decree No. 99/2019/NĐ-CP dated December 30, 2019 of the Government detailing and guiding the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Higher Education Law; detailing and guiding the implementation of certain Articles of the Law amending and supplementing certain Articles of the Higher Education Law;

Pursuant to Decree No. 86/2022/NĐ-CP dated October 24, 2022 of the Government; This Circular stipulates standards and conditions for promotion to higher ranks of teaching positions for staff members in public universities and teacher training colleges, including public college teacher training institutions that offer Early Childhood Education at the college level (hereinafter referred to collectively as teacher training colleges).

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

The Minister of Education and Training issues this Circular regulating the supervision and evaluation of organizations conducting quality assurance in higher education and teacher training colleges. Article 1. This Circular regulates the supervision and evaluation of organizations conducting quality assurance in higher education and teacher training colleges, including: the purpose and principles of supervision and evaluation; the content, activities, and use of supervision results by the Ministry of Education and Training; standards, cycles, and procedures for evaluation; self-evaluation by quality assurance organizations; evaluation and use of evaluation results by the Ministry of Education and Training.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

a) Organizations conducting quality assurance in education that are permitted to operate or recognized for their quality assurance activities in higher education institutions, teacher training colleges, and programs at various levels of higher education, including early childhood education programs at the college level in Vietnam (hereinafter referred to as quality assurance organizations);

2. This Circular applies to:

b) Higher education institutions and teacher training colleges offering early childhood education programs (hereinafter referred to as educational institutions) and other related organizations and individuals.

Article 3. Domestic quality assurance organizations shall be subject to supervision and evaluation as stipulated in Chapter II and Chapter III of this Circular and other relevant provisions thereof. Foreign quality assurance organizations shall be subject to supervision as stipulated in Chapter II of this Circular and other relevant provisions thereof; the evaluation of foreign quality assurance organizations conducting quality assurance activities in Vietnam shall be based on annual supervision results and other relevant provisions of Vietnamese law.

In this Circular, the following terms are understood as follows:

Article 2. Interpretation of Terms

Supervision of quality assurance organizations

1. refers to the Ministry of Education and Training's regular monitoring and review of compliance with legal regulations in the operations of quality assurance organizations. Evaluation of quality assurance organizations

2. refers to the periodic systematic examination and assessment by the Ministry of Education and Training of compliance with legal regulations and quality in the operations of quality assurance organizations as stipulated in this Circular. Article 3. Purpose of supervision and evaluation

1. Purpose of supervision

a) Early detection and prevention of violations;

b) Assist quality assurance organizations in timely adjustment of their activities to comply with legal regulations;

c) Serve as a basis for evaluating quality assurance organizations and for recommending policies to ensure quality and quality assurance in education.

2. Purpose of evaluation

a) Ensure compliance with legal regulations and accountability of quality assurance organizations;

b) Serve as a basis for quality assurance organizations to improve and enhance quality;

c) Serve as a basis for educational institutions to select quality assurance organizations;

d) Serve as a basis for extending the operating permit or recognizing the quality assurance activities of quality assurance organizations.

serving as the basis for extending the operation permit or recognizing the quality assurance activities of educational quality assessment organizations.

Article 4. Principles of supervision and evaluation

1. Compliance with legal regulations.

2. Ensuring objectivity, honesty, transparency, and effectiveness.

3. Protecting information confidentiality, without hindering the normal activities of the supervised entities.

Chapter II

SUPERVISION OF QUALITY ASSESSMENT ORGANIZATIONS IN EDUCATION

Article 5. Content of supervision

1. Ensuring conditions for quality assessment activities as prescribed.

2. The process and results of quality assessment activities.

3. Compliance with reporting and public disclosure obligations as prescribed.

Article 6. Supervision Activities of the Ministry of Education and Training

1. Collecting data and compiling information from the following sources:

a) Quality assurance and quality assessment management software for higher education; the website of the quality assessment organization and educational institution;

b) Periodic reports and other reports submitted by the quality assessment organization to the Ministry of Education and Training as prescribed; feedback information from educational institutions according to Appendix I attached hereto; information and reflections from organizations and individuals; other relevant information and documents;

c) Direct observation of some quality assessment activities conducted by the quality assessment organization;

d) Reviewing some external evaluation reports of educational institutions and training program evaluation reports of the quality assessment organization.

2. Analyzing and evaluating information

a) Reviewing the rationality of the information through comparison and cross-referencing collected information to identify unusual or unreasonable issues;

b) Reviewing, comparing, and cross-referencing the implementation of quality assessment activities against the provisions and guidelines of competent authorities to identify unusual issues;

c) In cases where missing, erroneous, or inaccurate information is detected or when clarification is required by the supervisory body or issues related to non-compliance with legal regulations are identified, the Ministry of Education and Training requests the quality assessment organization to provide explanations and supplementary information in writing.

3. Preparing supervision reports

a) The Quality Management Department completes the annual supervision report before January 31 of the following year to report to the leadership of the Ministry of Education and Training;

b) Ad hoc supervision reports are prepared upon request of the competent authority; when complaints, petitions, or signs of legal violations are received.

Article 7. Utilization of Supervision Results

1. The annual supervision report serves as a source of information for assessing quality assessment organizations; the supervision results sent by the Ministry of Education and Training to quality assessment organizations serve as grounds for these organizations to promptly address limitations and improve their activities to enhance quality.

2. During the supervision process, if signs of violation of quality assessment regulations are discovered, the Minister of Education and Training, upon recommendation of the Director of the Quality Management Department, decides on organizing a review of the quality assessment activity results or establishing an inspection team and applying legal measures against related organizations and individuals.

Chapter III

EVALUATION OF QUALITY ASSESSMENT ORGANIZATIONS IN EDUCATION

Article 8. Evaluation Criteria

1. Criterion 1: Organization and Management

a) Criterion 1.1: The quality assurance organization ensures conditions for maintaining the operation of educational quality assessment activities.

b) Criterion 1.2: The vision, mission, strategy, and culture of the quality assurance organization are established, implemented, evaluated, and adjusted to align with the development goals of a legal entity whose primary function is educational quality assessment.

c) Criterion 1.3: Internal documents are developed and issued to organize and implement quality assurance activities, including documents on: organizational structure and operations; internal expenditures; functions and responsibilities of units within the quality assurance organization; management and utilization of staff; evaluation and recognition of educational institutions and training programs meeting quality standards.

d) Criterion 1.4: Internal documents are developed and issued to organize the management of assessors to ensure independent, objective, honest, and conflict-free operations, including: assessor ethics rules; regulations on conducting assessor evaluations; regulations on explaining and resolving citizen complaints about assessors or quality assurance activity results.

đ) Criterion 1.5: Regularly report to the Ministry of Education and Training as prescribed; continuously improve the quality of the quality assurance organization to meet the requirements and satisfaction of stakeholders.

e) Criterion 1.6: Annually participate actively and contribute to the Ministry of Education and Training in developing, supplementing, perfecting, and implementing policies for higher education and teacher training, quality assurance, and educational quality assessment.

2. Criterion 2: Leadership, Assessors, and Quality Assurance Council

a) Criterion 2.1: The Director and Deputy Directors meet the standards and fulfill their duties as prescribed.

b) Criterion 2.2: The Quality Assurance Council meets the provisions regarding the number, composition, and standards of members and is regularly evaluated.

c) Criterion 2.3: The number of assessors must be maintained and developed to meet the scale, scope of operations, and strategic plans of the quality assurance organization.

d) Criterion 2.4: Assessors participating in educational quality assessment activities with the quality assurance organization comply with current regulations for assessors, participate in capacity-building activities, and are regularly evaluated by the quality assurance organization as prescribed.

đ) Criterion 2.5: There are full-time assessors participating in educational quality assessment activities with foreign quality assurance organizations.

3. Criterion 3: Physical Facilities and Equipment

a) Criterion 3.1: Ensure and develop physical facilities for the activities of the quality assurance organization according to the development plan and progress of the organization.

b) Criterion 3.2: Develop and operate an electronic information website to publicly disclose information as prescribed.

c) Criterion 3.3: Ensure technical infrastructure conditions to apply information technology in quality assurance activities; store complete, scientific, and secure information and data.

4. Criterion 4: Quality Assurance Activities

a) Criterion 4.1: Conduct quality assurance activities according to the objects and scope specified in the operating license and quality assessment criteria, following the quality assurance procedures prescribed by the Minister of Education and Training and internal documents of the quality assurance organization.

b) Criterion 4.2: External review teams perform tasks and work principles as prescribed by law and internal documents of the quality assurance organization; ensure quality in writing external review reports, making accurate assessments of the current situation, providing useful recommendations for educational institutions.

c) Criterion 4.3: The Quality Assurance Council performs tasks and work principles as prescribed by law and internal documents of the quality assurance organization; ensure independence and objectivity in reviewing assessment results; provide valuable information to stakeholders.

d) Criterion 4.4: Issue and revoke quality assurance certificates according to regulations.

đ) Criterion 4.5: Implement capacity building and professional training for leaders, managers, staff, and assessors of the quality assurance organization.

e) Criterion 4.6: Implement assessor professional training (if applicable) as prescribed; evaluate the results and adjust accordingly to the objectives of the training program.

g) Criterion 4.7: Participate in international quality assurance networks or have international cooperation agreements to recognize quality assurance assessment results.

5. Criterion 5: Transparency in Activities

a) Criterion 5.1: Publicly disclose on the quality assurance organization's electronic information website: the quality assurance operating license; the formation and development of the quality assurance organization; vision, mission, and development strategy; organizational structure and operational regulations; detailed guidelines issued by the quality assurance organization to conduct quality assurance activities.

b) Criterion 5.2: Publicly disclose on the quality assurance organization's electronic information website and update on the software managing the system for quality assurance and educational quality assessment: organizational structure, list of Directors, Deputy Directors, full-time assessors, employees, Quality Assurance Council members, assessors participating in quality assurance activities, physical facilities.

c) Criterion 5.3: Publicizing on the electronic information page of the educational quality assurance organization and updating on the software managing the system for ensuring and assessing the quality of higher education all activities of evaluation and the results of educational quality assessment;

d) Criterion 5.4: Financial transparency in accordance with the provisions of the law.

Article 9. Cycle and Evaluation Process

1. Evaluation cycle

a) The evaluation cycle for domestic educational quality assurance organizations is five years, to be conducted before the operating license of the educational quality assurance organization expires;

b) The evaluation cycle for foreign educational quality assurance organizations operating in Vietnam shall be according to the term stated in the decision recognizing their operation of educational quality assessment in Vietnam.

2. Evaluation process

a) Self-evaluation by the educational quality assurance organization;

b) Evaluation of the educational quality assurance organization by the Ministry of Education and Training.

Article 10. Self-Evaluation by the Educational Quality Assurance Organization

1. The educational quality assurance organization conducts self-evaluation when it reaches the evaluation period or upon receipt of a written request from the Ministry of Education and Training.

2. The educational quality assurance organization conducts self-evaluation in accordance with the standards set forth in Article 8 of this Circular; completes the self-evaluation report according to the model attached as Appendix II to this Circular, and sends it to the Ministry of Education and Training through the Quality Management Department.

Article 11. Evaluation by the Ministry of Education and Training

1. Establishment of the evaluation team

a) The Minister of Education and Training decides to establish the evaluation team for the educational quality assurance organization based on the proposal of the Director of the Quality Management Department;

b) Number and composition: The evaluation team consists of five (5) or seven (7) members; the team leader is a leader of the Quality Management Department; the deputy team leader (if any) is a leader of a related unit within the Ministry of Education and Training; other team members are civil servants of the Ministry of Education and Training, quality assurance assessors, individuals knowledgeable about quality assurance and educational quality assessment from educational institutions;

c) In the five (5) years immediately preceding the date of the decision to establish the evaluation team for the educational quality assurance organization: persons working for the educational quality assurance organization being evaluated; persons having familial relationships with those working for the educational quality assurance organization being evaluated; persons having rights and obligations related to the educational quality assurance organization being evaluated shall not participate in the evaluation team.

2. Principles of operation of the evaluation team

a) The evaluation team operates under the principle of centralization and democracy; implements tasks assigned by the team leader;

b) Team members have the responsibility to fully participate in the activities of the team; ensure honest and objective evaluation; in case they cannot participate, they must report and obtain the approval of the team leader.

3. Steps to implement the evaluation

a) The team leader builds an evaluation plan according to the model attached as Appendix III to this Circular, submits it to the Minister of Education and Training for approval; during the implementation of the approved plan, the team leader uses the seal of the Quality Management Department;

b) Hold a meeting of the evaluation team to implement the approved plan; the team leader transfers the self-evaluation report of the educational quality assurance organization and related files to the team members for prior study;

c) The evaluation team sends the decision and evaluation plan to the educational quality assurance organization before conducting the evaluation; collect feedback and comments on the educational quality assurance organization from educational institutions that have been assessed by the educational quality assurance organization;

d) The evaluation team works directly or through online means (according to the approved work plan) with the educational quality assurance organization and related organizations and individuals; the evaluation team prepares minutes of the work according to the model attached as Appendix IV to this Circular after completing the evaluation;

đ) The evaluation team drafts the preliminary report on the evaluation results according to the model attached as Appendix V to this Circular, sends the draft report on the evaluation results to the educational quality assurance organization for discussion and completion of the final report on the evaluation results sent to the Minister of Education and Training through the Quality Management Department;

e) The Minister of Education and Training signs the notification of the evaluation results based on the proposal of the Director of the Quality Management Department or delegates the Director of the Quality Management Department to sign the notification of the evaluation results of the educational quality assurance organization according to the model attached as Appendix VI to this Circular;

g) In necessary cases, the Minister of Education and Training may consult experts on specialized content regarding the report on the evaluation results before approving and signing the notification of the evaluation results of the educational quality assurance organization.

4. Evaluation Methods

a) Reviewing files and the self-evaluation report of the educational quality assurance organization;

b) Conducting on-site surveys, verifying, and collecting information to evaluate according to the criteria stipulated in Article 8 of this Circular.

Article 12. Levels of assessment for criteria, standards, and educational quality accreditation organizations

1. Assessment of criteria

a) Criteria within each standard are assessed at either the pass or fail level;

b) A criterion is assessed at the pass level when the educational quality accreditation organization meets all requirements of the criterion.

2. Assessment of standards

a) Standards are assessed at either the pass or fail level;

b) Standard 1 is assessed at the pass level when criteria 1.1, 1.2, 1.3, 1.4, and 1.5 are assessed at the pass level; Standard 2 is assessed at the pass level when criteria 2.1, 2.2, 2.3, and 2.4 are assessed at the pass level; Standard 4 is assessed at the pass level when criteria 4.1, 4.2, 4.3, 4.4, and 4.5 are assessed at the pass level;

c) Standard 3 and Standard 5 are assessed at the pass level when all criteria within the standard are assessed at the pass level.

3. Assessment of educational quality accreditation organizations

a) Educational quality accreditation organizations are assessed at one of the following levels: fail, pass level 1, or pass level 2;

b) An educational quality accreditation organization is assessed at the fail level when one or more standards are assessed at the fail level;

c) An educational quality accreditation organization is assessed at pass level 1 when all standards are assessed at the pass level, including criteria that are assessed at the fail level;

d) An educational quality accreditation organization is assessed at pass level 2 when all criteria are assessed at the pass level.

Article 13. Use of assessment results

1. The assessment results and recommendations of the assessment team serve as the basis for the Minister of Education and Training to consider extending the operating license for educational quality accreditation organizations according to government regulations; they also serve as grounds for educational quality accreditation organizations to develop and implement improvement plans aimed at developing their organization and enhancing quality in educational quality accreditation activities.

2. In cases where the assessment result of the educational quality accreditation organization is at the fail level:

a) Immediately upon receiving notification of the assessment result indicating the fail level, the educational quality accreditation organization shall not enter into contracts to conduct educational quality accreditation activities until it receives a confirmation document from the competent authority certifying that it has achieved pass level 1 or higher;

b) The educational quality accreditation organization shall implement quality improvements to ensure achieving pass level 1 or higher and submit relevant files and reports to the Ministry of Education and Training (through the Quality Management Department); based on this, the Minister will decide to re-implement certain steps specified in Clause 3, Article 11 of this Circular.

3. The assessment results of educational quality accreditation organizations are publicly disclosed on the Ministry of Education and Training's electronic portal.

Chapter IV

IMPLEMENTATION

Article 14. Units under the Ministry of Education and Training

1. Quality Management Department

a) Take the lead in implementing supervision; coordinate with related units under the Ministry of Education and Training to develop and implement the plan for assessing educational quality accreditation organizations as stipulated in this Circular;

b) Report the results of supervision and assessment of educational quality accreditation organizations and advise the Minister of Education and Training on measures to address violations discovered in educational quality accreditation organizations;

c) Coordinate with the Office to publicly disclose the results of supervision and assessment of educational quality accreditation organizations on the Ministry of Education and Training's electronic portal.

2. Related units under the Ministry of Education and Training shall cooperate with the Quality Management Department to perform the task of assessing educational quality accreditation organizations as stipulated in this Circular.

Article 15. Quality Education Assessment Organization

1. Implement in accordance with the provisions of this Circular.

2. Regularly update information about the organization and activities of quality education assessment into the software managing the system for ensuring and assessing the quality of higher education.

3. Proactively review, improve, enhance the quality and effectiveness of the activities of the quality education assessment organization.

4. Manage and store documents, information, and data on evaluating the quality education assessment organization in accordance with the provisions of the law; documents, information, and data containing state secrets shall be implemented in accordance with the law on protecting state secrets; the confidentiality of information and data of related organizations and individuals shall be carried out in accordance with the law.

Article 16. Educational Institutions Subject to Quality Education Assessment

1. Immediately after completing the quality education assessment contract, the educational institution compiles feedback information according to Model Appendix I attached to this Circular from relevant units and individuals within the educational institution involved in the quality education assessment activities and sends this feedback information to the Ministry of Education and Training (through the Quality Management Department).

2. Feedback information must ensure truthfulness and objectivity.

3. During the process of collecting, compiling, and sending feedback information to the Quality Management Department of the Ministry of Education and Training, the confidentiality of information provided by related individuals and units must be maintained.

Article 17. Effective Date

1. This Circular takes effect from August 11, 2023.

2. The Head of the Office, Director of the Quality Management Department, Heads of relevant units under the Ministry of Education and Training; Directors of quality education assessment organizations and related organizations and individuals are responsible for implementing this Circular./.