Thông tư 24/2021/TT-BGDDT

CIRCULAR

ON AMENDMENTS TO THE REGULATION ON ASSESSMENT OF LANGUAGE PROFICIENCY ACCORDING TO VIETNAM’S LANGUAGE PROFICIENCY FRAMEWORK ISSUED TOGETHER WITH CIRCULAR NO. 23/2017/TT-BGDDT DATED SEPTEMBER 29, 2017 OF THE MINISTER OF EDUCATION AND TRAINING

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

Pursuant to the Law on amendments to the Law on Higher Education dated November 19, 2018;

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

At the request of Director of Department of Quality Control.

The Minister of Education and Training promulgates a Circular on amendments to the Regulation on assessment of language proficiency according to Vietnam’s language proficiency framework issued together with Circular no. 23/2017/TT-BGDDT dated September 29, 2017 of the Minister of Education and Training.

Article 1. Amendments to the Regulation on assessment of language proficiency according to Vietnam’s language proficiency framework issued together with Circular No. 23/2017/TT-BGDDT dated september 29, 2017 of the Minister of Education and Training:

1. Clause 2 Article 1 shall be amended as follows:

"2. This document applies to higher education institutions; Departments of Education and Training; public sector entities that are tasked to administer language proficiency tests; relevant entities.”

2. Article 4 shall be amended as follows:

“Article 4. Test-administering entities

Test-administering entities include:

1. Higher education institutions providing foreign language disciplines (under Foreign language and culture discipline group) or foreign language pedagogy (under Teacher training discipline group), public service providers assigned to administer language proficiency tests:  are entitled to administer language proficiency tests according to test formats from level 1 to 6 according to Vietnam's language proficiency framework.

2. Continuing education centers, occupation education and continuing education centers, foreign language centers, informatics and foreign language centers approved for establishment by the President of People’s Committee of province or Director of Department of Education and Training (if authorized by the President of People’s Committee of province):

are entitled to administer language proficiency tests according to test formats from level 1 to 6 according to Vietnam's language proficiency framework (for general education students).”

3. Clauses 2, 4, 5 Article 5 shall be amended as follows:

“2. There are managerial staff, examiners, test paper-makers, test data-analysts, technicians that meet requirements pertaining to quantity and qualifications to administer language proficiency tests; these people are public employees who are employed and managed under law on public employees or non-public employees who have entered into an indefinite-term employment contact under Labor Code; in which:

a) The head of specialized division must have managerial capability, sense of responsibility, stay honest and impartial.  At least one head of specialized division who: has a foreign language proficiency at least level B2 of the Common European Framework of Reference for Languages (or Level 4 of Vietnam's language proficiency framework) of one of the foreign languages taught in the education program of the national education system; and obtains at least a master’s degree in one of disciplines below:  measurement and evaluation in education, foreign language discipline under Foreign language, literature and culture discipline group; foreign language discipline under Education science discipline group;

b) At least 20 English speaking and writing examiners, 10 writing and speaking examiners for each foreign language (if any); the examiners must have the documents certifying the completion of the marking competency training program in accordance with the regulations of the Minister of Education and Training;

c) At least 12 English test paper-makers, 04 test paper-makers for each foreign language (if any); each test paper-maker must have a document certifying the completion of the test-making training program in accordance with the regulations of the Minister of Education and Training;

d) At least 3 test data-analysts; each test analyst must have a master's degree, a doctorate in measurement and evaluation in education;

dd) The technician staff satisfies the requirements for the use of computer, audio and video equipment in service of the administering of examinations and marking.

4. There are adequate facilities and equipment meeting the following requirements:

a) Test rooms and functional rooms must be sufficient to serve at least 100 test takers per session, including four skills listening, speaking, reading, and writing, in specific: Each test room must be soundproofed and provided with adequate lighting, desks, chairs, chalks or markers, board(s) or projector screen(s); a system of surveillance cameras which record the whole course of the test room continuously throughout the test period; and a shared clock for all test takers to keep track of the test time; adequate equipment for sound recording, sound generating, video recording and specialized software must be sufficient to serve administration of tests;

b) A system of servers, clients, consolidated security appliances for system, data backup devices, uninterruptible power supply, backup power, and auxiliary equipment meeting technical specifications are available to administer computer-based tests for at least 100 test takers for a session;

c) A website is available to provide information about test format, test samples, test-delivery modes, list of test takers; notices of test schedule, test venues, test results; access to test results and certificates;

d) There is a separate site for test paper development;

dd) The test area must meet requirements pertaining to safety, security and fire safety; security equipment must be provided, namely walk-through metal detectors or hand-held metal detectors to control and prevent materials and illegal articles along with examinees into test rooms; working rooms for the Council of examiners, conducting exams, delivering test papers and tests are available; lockable trunks, cabinet or safes to protect test papers and tests must be provided; cabinets or trunks are available to keep test takers’ belongings.

5. There is a question bank and test papers developed from question bank meeting the requirements in Article 12 of this Regulation and guidance of the Ministry of Education and Training; the question bank shall be controlled by software to ensure security and authorization in use and must satisfy the following requirements:

a) From July 1, 2022, the numbers of equivalent test papers at a time for test formats intended for primary, lower secondary and upper secondary students are as follows: at least 50 equivalent English test papers; at least 30 equivalent test papers in other languages; in which the similarity rate of test questions between test papers does not exceed 10%;

b) From July 1, 2022, the numbers of equivalent test papers at a time for test formats intended for other entities are as follows: at least 70 equivalent English test papers; at least 30 equivalent test papers in other languages; in which the similarity rate of test questions between test papers does not exceed 10%;

a) Every year, the test-administering entity shall review, modify the question bank, and add at least 10% of questions in respect of every skill;

d) The test-administering entity may cooperate with a test center which has available test questions and question papers developed and managed in accordance with this Regulation to administer language proficiency tests under Vietnam's language proficiency framework; ensure that the rights and obligations of the parties are clearly specified and reported to the Ministry of Education and Training (via Department of Quality Management) before administer a test.

4. Article 6 shall be amended as follows:

“Article 6. Notice of eligibility for administering language proficiency tests by the test-administering entity

If entities seek to administer language proficiency tests under Vietnam's language proficiency framework, they shall prepare projects for administering language proficiency tests and send them to the Ministry of Education and Training (via Department of Quality Management) for verifying if they meet the eligibility requirements as prescribed in Article 5 hereof. The Department of Quality Management shall send a notice of eligibility for administering language proficiency tests, if any, to the entity so as to execute the project in accordance with this Regulation."

5. Point a Clause 3 Article 10 shall be amended as follows:

“a) Withdraw test papers from the test question bank as specified in test administration requirements;”

6. Clause 1 Article 11 shall be amended as follows:

“1. Listening, reading and writing skills are tested on papers or computers. From July 1, 2023, all skills will be tested on computers.”

7. Article 12 shall be amended as follows:

“Article 12. Test paper requirements

1. The test papers, answer keys and marking guidelines must meet the following requirements:

a) Test papers are made in such a manner that the skills of listening, speaking, reading, and writing can be evaluated;

b) The test question bank and test papers are developed in accordance with the Ministry of Education and Training guidelines; sticking to the test format and instructions according to each test format regulated by the Ministry of Education and Training; and meet requirements pertaining to accurate, scientific, strict, and clear aspects;

c) Test papers in the same format must be equivalent in difficulty;

d) The management and use of the test question bank, answer keys and marking guidelines must be kept confidential.

2. Test papers for each test are randomly drawn from the standardized test question bank software.”

8. Point c Clause 1 Article 21 shall be amended as follows:

c) The members of the examination board shall comply with the assignment by the head of the examination board, ensuring the punctuation according to the marking instructions, answer keys, and score scale. Each writing and speaking performance must be marked by two different examiners at two separate places (except for face-to-face speaking test).  Two independent marking rounds shall apply as prescribed in the current Regulation on the high school graduation exam;”

9. Clause 1 Article 28 shall be amended as follows:

“1. If the test-administering entity violates this Regulation:

a) The Ministry of Education and Training shall, depending on the severity, decide on suspension of test administration for 6 months to 12 months or termination of test administration;

b) The Ministry of Education and Training shall make public such violating test-administering entity and the decision on suspension or termination of test administration on the web portal of the Ministry of Education and Training;

c) After the suspension period has elapsed, the Ministry of Education and Training shall, based on an inspection undertaken to certify that the violation has been remedied, notify the entity to resume their test administration.”

10. Clause 1 Article 30 shall be amended as follows:

“1. Take charge and cooperate with the specialized entities affiliated to under the Ministry of Education and Training in guiding, inspecting, verifying the eligibility of the test-administering entities; making public lists of test-administering entities that fully meet the requirements for administration of foreign language tests and issuance of foreign language certificates under Vietnam's language proficiency framework on the website of the Ministry of Education and Training; inspect the administration of foreign language tests and issuance of foreign language certificates by test-administering entities under Vietnam's language proficiency framework as prescribed in this Regulation.”

Article 2. Grandfather clause

The number of test questions and question papers for each test format at a time prescribed in clause 5 Article 5 of the Regulation on language proficiency tests under Vietnam's language proficiency framework issued together with Circular No. 23/2017/TT-BGDDT dated September 29, 2017 of the Minister of Education And Training will apply until June 30, 2022.

Article 3. Implementation clause

1. This Circular comes into force as of October 24, 2021.

2. Office Chief, Director of Department of Quality Management, heads of relevant agencies affiliated to the Ministry of Education and Training; Directors of Departments of Education and Training; heads of higher education institutions; relevant units and individuals shall implement this Circular./.