Thông tư 27/2021/TT-BGDDT

CIRCULAR

PROMULGATING REGULATION ON ASSESSMENT OF VIETNAMESE LANGUAGE PROFICIENCY ACCORDING TO VIETNAMESE LANGUAGE PROFICIENCY FRAMEWORK FOR FOREIGNERS

Pursuant to Law on Education dated June 6, 2019;

Pursuant to Law on Higher Education dated June 18, 2012; Law on amendments to Law on Higher Education dated November 19, 2018;

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

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

The Minister of Education and Training promulgates a Circular on Regulation on assessment of Vietnamese language proficiency according to Vietnamese language proficiency framework for foreigners.

Article 1. Promulgate together with this Circular the Regulation on assessment of Vietnamese language proficiency according to Vietnamese language proficiency framework for foreigners.

Article 2. This Circular comes into force as of November 22, 2021.

Article 3. Directors of Departments of Education and Training; Director of Department of Education, Science and Technology of Bac Lieu province; heads of higher education institutions; relevant agencies and individuals shall implement this Circular./.

REGULATION

ON VIETNAMESE LANGUAGE PROFICIENCY TESTS ACCORDING TO VIETNAM'S LANGUAGE PROFICIENCY FRAMEWORK FOR FOREIGNERS
(Issued together with Circular No. 27/2021/TT-BGDDT dated October 7, 2021 of the Minister of Education and Training)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Regulation sets out Vietnamese language proficiency tests according to Vietnamese language proficiency framework for foreigners (hereinafter referred to as Vietnamese language proficiency tests), including: purposes, rules; test-delivery modes; certificates; test-administering entities; test takers and test registration, board of examiners; question papers; test administration; marking and remarking; approval for test results, managing award of certificates, reporting and keeping of test documentation; inspection and sanctions against maladministration/malpractice.

2. This Regulation applies to higher education institutions which provide training in the following majors: Literature, Literature Pedagogy, Vietnamese Language and Vietnamese Culture; Departments of Education and Training (DOETs), agencies authorized by the competent authorities to provide training and courses in Vietnamese language for foreigners; relevant organizations and individuals.

Article 2. Purposes and rules

1. Vietnamese language proficiency test is administered to assess Vietnamese language proficiency of applicants according to Vietnamese language proficiency framework for foreigners.

2. The Vietnamese language proficiency test must be administered in a truthful, accurate, objective, and transparent manner, and in a way that the applicant’s Vietnamese language proficiency is properly reflected in terms of four skills of language: listening, speaking, reading, and writing.

Article 3. Test-delivery modes

1. Listening, reading and writing skills are delivered on papers or computers.

2. Speaking skills are delivered in the form of oral tests or computer-based tests.

3. For each test period, the test-administering entity shall announce the test-delivery mode which is paper-based or computer-based test, face-to-face or computer-based oral test before test takers register for tests.

Article 4. Vietnamese language certificates

1. Vietnamese language certificates shall be awarded to applicants who meet the requirements for scale of levels from 1 to 6 equivalent to Vietnamese language proficiency framework for foreigners.

2. The Ministry of Education and Training (MOET) shall provide for the template of Vietnamese language certificates. Validity period of Vietnamese language certificates shall be subject to the entities to which the certificate is given.

Chapter II

TEST-ADMINISTERING ENTITIES

Article 5. Test-administering entities

Test-administering entities of Vietnamese language proficiency (hereinafter referred to as test-administering entities) include: Higher education institutions which provide training in the following majors: Literature, Literature Pedagogy, Vietnamese Language and Vietnamese Culture; agencies authorized by the competent authorities to provide training and courses in Vietnamese language for foreigners.

Article 6. Requirements for test-administering entities

1. There are managerial staff, question setters, question paper setters, technicians that meet requirements pertaining to quantity and qualifications to administer Vietnamese language proficiency tests; these persons are either public employees who have been recruited and managed under regulations of law on public employees or employees who have entered into indefinite-term employment contracts under the Labor Code, in which:

a) There are at least 10 persons in charge of setting test questions, question papers and marking; these persons must obtain at least a master degree in Language, Literature and Vietnamese Culture or Literature or Literature/Vietnamese Language in Education Science;

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

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

a) The test area must meet requirements pertaining to safety, security and fire safety. Test rooms and functional rooms must be sufficient to serve at least 30 test takers per session, including four skills listening, speaking, reading, and writing;

b) Each test room must be provided with adequate lighting, desks, chairs, chalks or markers, board(s) or projector screen(s); a system of surveillance cameras without connection with the Internet 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 and video recording;

c) 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;

d) Cabinets or trunks are available to keep test takers’ belongings;

dd) Working rooms for the Council of examiners must be provided with adequate equipment and supplies to conduct exams, deliver question papers and receive answer sheets/scripts (answer papers for short); lockable trunks, cabinets or safes to protect question papers and answer papers;

e) A website is available for providing information about the Project for administering Vietnamese language proficiency tests, question paper formats, sample question papers, test-delivery modes, lists of test takers; test schedules and places; search for test results and certificates;

g) There is a separate site for setting question papers that ensure security, safety, and confidentiality for the question paper setting.

3. There is a question bank of Vietnamese language proficiency tests (hereinafter referred to as question bank) to develop question papers as prescribed in Article 12 of this Regulation; the number of test questions in the question bank is enough to create at least 30 question papers in conformity with the question paper format as prescribed; in which the similarity rate of test question between question papers does not exceed 10%.

4. Additional requirements pertaining to computer-based test delivery mode:

a) A system of servers, clients, data backup devices, uninterruptible power supply, backup power, and auxiliary equipment meeting technical specifications are available to deliver tests to at least 30 test takers for a session;

b) There is software to deliver Vietnamese language proficiency tests (hereinafter referred to as test administration software) that meets requirements below: Possess friendly interface, easy to install and use; able to receive question paper data from the question bank software to create question paper as prescribed; able to disconnect external applications and external devices; have the functions: take pictures of test takers and put them in test data; timers; preview the next question, statistics on questions answers; automatic marking of multiple choice tests; automatic saving answer papers in case of any incident (power failure, losting connection with servers, etc.), or when the allotted time runs out, or the test takers click “Kết thúc” (Finish) button; allow examiners to insert the speaking and writing scores, print the overall test report of the test takers;

c) The test administration software may be integrated with the question bank software as long as the security is maintained and the process applied is approved by the head of the test-administering entity.

5. The test-administering entity shall make and publish a Project for administering Vietnamese language proficiency tests and provide sufficient information and evidence in conformity with the requirements for administration of Vietnamese language proficiency tests in accordance with clauses 1, 2, 3 and 4 hereof. The test-administering entity shall be held accountable for the contents of the Project.

Article 7. Notice of eligibility for administering Vietnamese language proficiency tests by the test-administering entity

If entities seek to administer Vietnamese language proficiency tests, they shall prepare projects for administering language proficiency tests and send them to the MOET (via Department of Quality Management) for verifying if they meet the eligibility requirements as prescribed in Article 6 hereof. The Department of Quality Control shall send a notice of eligibility for administering Vietnamese language proficiency tests, if any, to the entity so as to execute the project in accordance with this Regulation.

Chapter III

TEST TAKERS, TEST REGISTRATION, AND THE TEST COUNCIL

Article 8. Test takers and test registration:

1. Test takers: Any person wishing to have his/her Vietnamese language proficiency evaluated or to obtain a Vietnamese language certificate shall meet the following requirements:

a) Submit a valid application for examination; pay sufficient charges for test and award of certification as prescribed;

b) Have incurred no examination prohibition as prescribed in Point g Clause 2 Article 29 of this Regulation.

2. Registration for test:

a) An application for test registration includes: 2 photos, in 4cmx6cm size, which are taken within 6 months before the date on which the application for test is submitted; the overleaf of the photo shall bear full name, date of birth of the test taker; a copy of passport that remains valid; an application form for Vietnamese language proficiency test (including full name; date of birth; nationality, number and date of issue of passport; time, place of test registration and other information deemed necessary);

b) The registration for test shall be made by one of the following methods: The registrant submits application to test-administering entity in person or on the test-administering entity's website; the registrant's organization, agency, enterprise, or educational institution shall register on behalf of the registrant to the test-administering entity

Article 9. Responsibilities of test takers

1. Present at the test site on the day and at the time as scheduled for testing. Any test taker who is late after the testing begins will not allowed to take the test

2. Present a passport that remains valid before they are admitted to the test room.

3. Take seats as assigned by identification numbers; and bear their signatures in the list of test takers in test sessions for each skill.

4. Only bring identification documents into test room, other materials or equipment is not allowed.

5. Do not discuss or commit fraud acts; keep order; any test taker wishing to raise opinion or leave the test room must ask a proctor for approval by raising his/her hand and do that in case where the proctor grants the approval; if any irregularities happens, instructions of proctors must be followed.

6. After two thirds of allotted time for each skill, test takers can submit the papers in a shorter time than the rules (except for listening skills) with the question paper, draft paper and leave the test room only when the proctor grants the approval.

7. For paper-based tests:

a) When receiving the question papers, check the page number of the question paper and write full name and identification number in the question paper. If the question paper is found missing of any page or torn, damaged, blurry or missing, the proctor must be informed immediately;

b) The test is only written or filled by the pen/pencil provided by the board of examiner; no irregular or special mark is left in the test; any text deemed incorrect must be struck out without any erasure method; any circle (filled by the pencil) deemed incorrect in the answer paper must be completed removed;

c) Stop doing test when the signal to stop is given, specify number of answer papers and sign in the submission acknowledgement (including answer papers intentionally left blank). Test takers may not leave the test room until the proctor grants approval.

8. For computer-based tests:

a) Read the computer-based test guide carefully from the website of the test-administering entity before registering for the test;

b) Get computer, get familiar with the computer; receive account slip and login account to do the computer-based test; take the test in accordance with the guidelines for each part or each skill; whilst the test is in progress, if a test taker faces computer problems or other irregularities, he/she should immediately report to the proctor; do not log out the account while the test is in progress or re-start the screen, computer or Internet connection in any form; when the signal to stop is given, all test takers must performs tasks as guided by the proctor; before leaving the test room, test takers must return their account slip, draft papers, and bear signatures in the registration forms and the list of test results (if any);

c) Do not contact with computerized sealed sites. Do not copy test questions or question papers in any form. Do not use any program other than the computer-based test administration software that has been installed whilst the test is in progress.

Article 10. The Test Council

1. The test council shall be established by the head of test-administering entity, composed of members and boards:

a) Members: A chairman being the test-administering entity’s head or leader of specialized division; vice chairman and other members including proctors, examiners, supervisors, technicians, health workers, security guards, service staff; other members being personnel of the test-administering entity and coordinating unit (if any);

b) Boards: Secretary Board; Test Board; Printing Board; Proctor Board; Marking Board; Remarking Board (if there is an appeal request). Board members are selected among members of the Test Council.

2. Members of the Test Council must have qualified professional skills and experience and no relatives (parents, spouses, biological children, adoptive children, biological siblings, siblings-in-law) who are test takers at the Test Council.

Article 11. Tasks of the Test Council and the boards of the Test Council

1. Test Council:

a) Chairman: Manage the work of the Test Council; approve the list of test takers; receive, manage and secure question papers, answer keys, marking guidelines; stipulate the answer paper headings that ensure safety and confidentiality requirements; approve test results and the list of qualified test takers, and request the competent authorities to award certificates; decide disciplinary sanctions imposed on persons committing maladministration/malpractice against the Regulation;

b) The vice chairman shall perform the tasks assigned by the chairman or on behalf of the chairman;

c) The members shall perform the assignment of the Test Council leaders.

d) Supervisors shall be independent of the Boards of the Test Council, supervise the phases of the test period and be accountable to the Chairman of Test Council on their performance;

dd) Security guards, health workers, service staff: ensure security and order, safety during the test period and other duties assigned by the Chairman of Test Council.

2. Test Board for the paper-based test:

a) Use the question bank software to create question paper codes as prescribed in Article 14 hereof; check question paper codes, check question paper format as prescribed; check spelling mistakes; replace any test question found unresponsive with another test question from the question bank in conformity with the question paper format; hand over question papers as prescribed;

b) Members of the Test Board shall be completely isolated from the beginning of the test until the end of the allotted time to keep the confidentiality and safety of the question paper according to their duties and applicable regulations.

3. Printing-Copying Board for the paper-based test:

a) Print sufficient question papers in conformity with rules of security and safety according to their respective responsibilities in accordance with applicable regulations and laws;

b) Pack, seal, and hand over the question papers to the Chairman of Test Council;

c) Those in contact with the test contents must be completely isolated from the beginning of the test until the end of the allotted time;

d) Depending on circumstances, the Chairman of Test Council may designate the Test Board to print and copy question papers.

4. Proctor Board:

a) General tasks: Arrange enough proctors, technicians, security guards, health workers to meet the requirements for administration of the test; assign specific tasks to each member to administer the test in a safe manner and in compliance with the Regulation;

b) For the paper-based test: Receive, preserve, and use question papers as guided; receive answer papers, seal answer papers and applications, and send the transfer note to the secretary board as prescribed in Article 16 of this Regulation;

c) For computer-based tests: Guide and supervise test takers to use computers, give answers and submit answer papers as prescribed in Article 20 of this Regulation.

5. Marking Board:

a) Receive all answer papers and documentation transferred by the Secretary Board and keep them whilst the test marking is in progress;

b) Mark tests in strict accordance with the guidance, answer keys and score scale;

c) Make overall evaluation of question papers, test results and answer papers’ quality; offer opinions about question papers, answer keys and score scale; to make recommendations on the irregularities of the test takers' answer papers (if any) and then request the chairman to take appropriate sanctions;

d) Submit answer papers according to answer paper headings to the secretary board for consolidation.

6. Remarking Board:

a) Re-mark answer papers according to guiding documents provided that one answer paper is marked by two independent examiners;

b) Make records and the list of test takers with remarked results and submit them to the Chairman for approval.

7. Secretary Board:

a) Assist the Test Council to compile documents, make schedules deemed necessary, build the database of test takers, and take meeting minutes of Test Council;

b) Receive answer papers from the Proctor Board; preserve and do count of the answer papers; compare the signatures sealed on the envelopes of answer papers by proctors or examiners with the signatures on the submission acknowledgement and answer papers of test takers;

c) Number and cut up answer paper headings; and then seal and preserve them; transfer answer papers excluded headings to the Marking Board; put the headings back, insert scores (for paper-based tests); and make a schedule of test takers’ results. Two persons are required to make a list of test takers’ scores, one person reads the test scores and the other person will keep record, and then they change the roles; date, signatures and full names of the both persons must be borne at the end of the list;

d) Consolidate and analyze test results; make requests for irregularities in test results (if any), and propose the Chairman to take appropriate sanctions;

dd) Submit the test results to the Chairman.

8. Security:

a) Before joining the test administration, members of the Test Council must undertake to keep confidentiality by signing a commitment that their assigned tasks will be performed properly; prevent question paper leakage; contents of question papers, test takers’ answer papers will not be taken out of the prescribed area; and question papers, test takers’ answer papers will not be used for the purpose other than the purposes of the test;

b) The Chairman shall stipulate the types of documents and test data to be sealed up and the time of sealing; a list of names and specimen signatures of officials responsible for sealing. When sealing or opening seals, they must make records and bear the signatures of involved persons.

Chapter IV

QUESTION PAPERS

Article 12. Question paper requirements

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

a) Question papers are made in such a manner that the skills of listening, speaking, reading and writing under Vietnamese language proficiency framework for foreigners under regulations of MOET can be evaluated;

b) Question papers are made in such an accurate, scientific, test-format compliant manner under Vietnamese language proficiency framework for foreigners under regulations of MOET;

c) Secrets of question papers, answer keys and marking guidelines must be kept during the test administration.

2. Question papers for each test are randomly drawn from the question bank software.

Article 13. Printing, packaging and preservation of question papers in case of paper-based tests

1. The printing of the question papers must be carried out at the place where confidentiality and safety are absolutely kept, with security guard protection and supervision of inspection officers outside.

2. The packaging of question papers:

a) Question papers for each test period must be printed with sufficient and clear contents for each test room. At each test site, at least one backup envelope of full question paper codes to be used in the case of unexpected event will be prepared;

b) The question papers must be packaged with sufficient quantity for each test site, each test room and correct skills to be tested on the question paper envelopes;

c) Each packed question paper envelope must bear the correct name of test site, test room, test subject, skills, allotted time, and quantity of question papers in the envelope;

d) The question paper envelope must be made from opaque material so that inside documents cannot be seen, tightly sticked, not flaked off and sealed in accordance with regulations;

dd) After packing the question papers, a transfer note must be taken and given to the Chairman of Test Council or the Head of Proctor Board (if authorized by the Chairman), and any printed copy that is redundant, incorrect, blurred, ugly, torn, or dirty shall be removed.

3. Preservation and use of question papers;

a) Question papers must be sealed in accordance with regulations; stored in a box, cabinet or safe, with a strong lock, be sealed under regular guardianship. The key of the box, cabinet or safe is kept by the Head of the Proctor Board;

b) Question papers may be opened only for being used at test rooms on the date and time according to test skills prescribed by the Chairman for each test period;

c) The question papers must be fully prepared for all test takers. In addition, there must be a set of original question papers which are kept at the Test Council.

4. Minutes on question papers:

a) The Printing-Copying Board shall make transfer records of sealed question paper envelopes to the Chairman or the Proctor Board’s Head, if authorized by the Chairman;

b) The Proctor Board shall take a record to certify the opening of the box/cabinet/safe containing question paper envelopes and hand over the sealed question paper envelopes to proctors or speaking examiners in the witness of the supervisors;

c) The proctor shall request two test takers to witness and certify in writing that the question paper envelope remains sealed; open the question paper envelope, check the number of question papers; and hand out the question papers to each test taker;

d) As soon as possible after the test begins, the proctors shall take a record to certify the sealing of remaining question papers at the test room for handing over to the Head of Proctor Board or the person authorized by the Head of Proctor Board;

dd) After the allotted time has elapsed, the proctor shall revoke all the question papers which have been delivered to the test takers, give a transfer note to the Head of the Proctor Board together with test takers’ answer papers;

e) The Head of Proctor Board shall seal up all question papers that have been used and unused question papers and give a transfer note to the Chairman;

g) Within 5 working days after completing the marking, remarking and insertion of scores, the Chairman or a person authorized by the Chairman shall make records on the destruction of all used documentation (question papers, answer keys, and marking guidelines) under supervision of the supervisors;

h) The Chairman shall make a record on sealing of the used original question papers of the test period under supervision of the supervisors for keeping as prescribed in Article 26 of this Regulation.

Article 14. Development and use of the question bank

1. Development of the question bank:

a) The development of questions, answers and marking instructions (for speaking and writing skills) shall ensure the following steps: building a matrix and structure of questions in accordance with the test format; drafting and reviewing questions; ensure each question has at least two independent critic opinions; post-critics questions must be adjusted to meet the requirements of the test; approve the questions. Responsibilities of persons involved in development of the question bank shall be clearly defined;

b) The person who gives independent critic opinions against the questions is not a staff member of the test-administering entity and obtains at least a master degree in Language, Literature and Vietnamese Culture or Literature or Literature/Vietnamese Language in Education Science;

c) Every year, the test-administering entity must review and adjust the question bank and add at least 10% of the number of questions for each skill;

d) The test-administering entity may cooperate with another test-administering entity or an organization having testing function which has available questions and question papers developed and managed in accordance with this Regulation to administer the test; ensure that the rights and obligations of the parties are clearly specified and reported to the MOET (via the Department of Quality Control), and specified in the Project for administration of Vietnamese language proficiency tests as per clause 5 Article 6 hereof.

2. Use of the question bank to develop question papers in case of paper-based tests: In the isolation area, the Test Board shall use the question bank software to generate question paper codes randomly provided that each test taker has a separate question paper code; print, seal, and hand over the question papers to the Chairman, and then forward to the Printing-Copying Board for printing and copying as prescribed.

3. Use of the question bank to develop question papers in case of computer-based tests: No more than 90 minutes before the test time, in the server room/area, the Chairman shall use the question bank software to generate question paper codes randomly provided that each test taker has a separate question paper code. If the test administration software does not integrate or link directly with the question bank software, the Chairman shall encrypt the question paper codes, save them to a storage device to transfer the test data to the server of the test administration software and follow the subsequent steps as prescribed.

4. Management of the question bank

a) The question bank shall be managed by software and stored on an independent server; the software must be able to manage the update, addition, selection of questions to generate question papers randomly in the prescribed format, ensuring security and authorization requirements in use;

b) The test-administering entity shall promulgate regulations on management and use of the question bank and relevant devices, ensuring security requirements.

Chapter V

TEST ADMINISTRATION

Section 1. PAPER-BASED TESTS

Article 15. Making list of test takers and arranging test rooms

1. Make a list of all test takers in the alphabetical order of their names. The identification numbers of each test taker comprise 6 letters; in which, the first two letters are the test period code, the next four letters are the number of test takers in the list. Then test takers will be placed in the test room.

2. Arrange proctors to supervise the test of listening, reading and writing skills:

a) At least 2 proctors in a test room; on average, each proctor does not invigilate more than 20 test takers;

b) Supervisors of the test room: Each supervisor shall not supervise more than 3 test rooms.

3. In each test room, there is a list of test takers’ photos. Internal rules of test room and a list of test takers must be posted at the entrance of the test room.

4. Test takers are assigned to sit separately on each side by a minimum of 1.2 m (horizontal).

5. At least one set of sound equipment for use and a set of spare parts at each individual test room (no more than 30 test takers); the spare set of sound equipment must be at least 20% of total set of sound equipment.

Article 16. Test invigilation of listening, reading, writing skills

1. At least 1 day before the test day, the Chairman, the vice chairman, secretary, and technician of the Test Council must present at the test site to do the following tasks:

a) Check the preparation of the test: suitable facilities and equipment serving the test administration;

b) Post the list of test takers, internal rules; and seal test rooms.

2. Before test time:

a) Proctors check test rooms; break seals of test rooms; indicate identification numbers as planned by the head of Proctor Board; admit test takers to the test room, verify identification documents an belongings of test takers; collate test takers and the photo identification; and direct them to specific and assigned seats;

b) The proctor receives question papers, answer papers, multiple-choice answer papers, drafts, and pen /pencils from the head of Proctor Board or a person authorized by the head of Proctor Board;

c) The proctor shall sign and write his/her names in answer papers, multiple-choice answer papers, drafts delivered to test takers; deliver pens/pencils and instruct test takers to insert necessary information as prescribed therein;

d) Upon signal to start is given, proctors shall deliver question papers to every test taker.

dd) The Chairman of Test Council shall stipulate the starting time of the listening skill.

3. During the test:

a) Proctors must closely monitor the test room; do not let test takers discuss with others or commit fraud acts in test room; proctors may not read question papers or willingly discuss with test takers about question papers; do not let test takers copy test questions or question papers in any form;

b) In case it is necessary to permit test taker (s) to leave the test room, only one test taker is permitted to leave the room at a time by the proctor and the supervisor must be informed for monitoring;

c) If a test taker commits malpractice against the Regulation, the proctor must make a report and send it promptly to the head of Proctor Board for suitable handling measures;

d) In the areas designated by the Head of Proctor Board, supervisors shall monitor test takers and proctors, speaking examiners, and technicians when they enter the test rooms; and concurrently supervise test takers outside test room (if any) and do not permit test takers to contact with any other persons.

4. End of test time:

a) Proctors request all test takers to stop doing test when the signal to stop is given, collect answer papers and question papers in turn (check number of answer papers, multiple-choice answer papers and request test takers to sign in the submission acknowledgement). No test taker is allowed to leave the test room unless sufficient answer papers and question papers are submitted;

b) Supervisors shall monitor test takers and proctors, keep order in the test rooms during the collecting process of the answer papers; monitor the process that the proctors bring answer papers from the test room and submit them to the head of Proctor Board.

5. Packing and handing over answer papers:

a) Proctors shall submit answer papers and submission acknowledgement to the Head of Proctor Board or an authorized person for sealing. Signatures of the proctors, supervisors and answer papers' receivers shall be borne at the edge of seal envelope;

b) As soon as practicable after completion of the test, the Proctor Board shall hand over the entire answer papers and documentation already sealed to the Secretary Board.

6. Handover of surveillance data: Data from the surveillance cameras in the test rooms are all stored, sealed and transmitted to the Secretary Board.

Article 17. Face-to-face speaking tests with examiners

1. Preparation of test room:

a) At each test site, there must be at least one separate test room and one waiting room for test takers before entering the test room (hereinafter referred to as waiting room);

b) The waiting rooms and the speaking rooms must be located closely, in a separate area, not to be affected by other activities;

c) Equip each test desk with 1 recorder for official use and a number of backup recorders, with a total number of at least 1.2 times the number of test desks. Technicians and examiners must check the operation of recorders to ensure that they are operating properly during the test.

2. Assignment of examiners and supervisors:

a) In a test room, at each test desk, 2 examiners shall be assigned;

b) At least 1 supervisor shall be assigned outside the test room;

c) In each waiting room, 1 proctor and 1 supervisor shall be assigned.

3. Test procedure:

a) Test takers are gathered in the waiting room to prepare for the test;

b) When the signal to start is given, test takers will be called according to the list of test takers. The examiner checks the test taker's identification papers; hand out question papers or ask test taker to take a question paper by chance; hand out a draft bearing examiner’s signature to the test taker; the test taker shall give his/her answer when the examiner start the audio recording;

c) During the test period, the supervisor shall be responsible for supervising test takers and examiners in the test room; monitoring the movement of test takers from the waiting room to the test room and vice versa, ensuring that test takers do not communicate with anyone else. Proctors in the waiting room have the responsibility for keeping order and run the activities of test takers in the waiting room.

d) After receiving a question paper, the test taker will give his/her answer; he/she will speak face to face with the examiner and his/her answer will be fully recorded;

dd) After the test is finished, the examiner asks the test taker to sign the submission acknowledgement or registration form (including the case where the test taker has not spoken anything for being recorded); mark the test taker’s answer as prescribed in clause 4 Article 21 hereof; let the test taker leave the test room and admit the following test taker into the test room. Each test taker will be called until the end of the list.

4. Packing, sealing speaking performance, question papers, test data:

a) The examiner shall seal the sound recording device or device which stores the speaking answer of the test taker, and then hand it over together with the submission acknowledgement or registration form and the record of marking to the Head of the Proctor Board or an authorized person. The device storing speaking answers shall be sealed with the signatures of examiners, supervisors and answer papers' receiver;

b) As soon as practicable after completion of the test, the Proctor Board shall hand over all speaking answers and data from surveillance cameras and test documentation already sealed to the Secretary Board; and hand over the question papers that have been sealed to the Chairman;

c) The Secretary Board shall hand over all speaking answers and test documentation already sealed to the Marking Board; and hand over the data from surveillance cameras already sealed to the Chairman.

Section 2. COMPUTER-BASED TESTS

Article 18. Making list of test rooms and arrangement thereof

A list of test rooms and arrangement thereof shall be made as prescribed in Article 15 of this Regulation and concurrently satisfy the following conditions:

1. A test taker is entitled to use a separate computer. Each test room has certain backup computers accounting for at least 5% of the total number of test takers in the test room. The computers in the test room are arranged in the appropriate distance  so that each test taker is not able to look at a neighbor’s screen.

2. Requirements for computers in the test room:

a) Having an equivalent configuration and stable operation; there are qualified photographic equipment, headphones and microphones;

b) During the test, each computer, except for the server, must be disconnected with to any internal and external equipment or device; with exact date and time in the system; and free from viruses;

c) Apart from the test administration software, no other software and documentation related to the test content is installed.

3. A server is available to store answers/performance of test takers.

4. Each client located at testing place must be connected with the server or the sub-server (LAN) and disconnected with the Internet.

5. Sufficient technicians must be assigned during the test progress provided that the ratio of test takers to technicians is 20:1; technicians must keep a close watch outside the test rooms; upon any technical failure, the proctor or examiner shall inform a technician for assistance.

Article 19. Preparation of test rooms for computer-based speaking tests

1. Each test taker is provided with a separate computer installed with the test administration software. The computers in each test room shall be arranged with an appropriate distance to ensure the quality of the recording.

2. Headphones and microphones must be prepared and checked prior to the test; the number of headsets and backup microphones must be available which accounts for at least 10% of the total number of test takers in the test room.

Article 20. Test administration

1. At least 1 day before the test day, the Chairman, the Vice Chairman, the Proctor Board, secretaries and technicians of the Test Council must present at the test site to do the tasks mentioned in clause 1 Article 16 hereof. Carefully check the software installation of the computer, check the network and the LAN connection to the server system, seal at the "ports" of the computer, disconnect or invalidate the availability of wireless devices (wifi, Bluetooth, etc.) ensures that no device can be used to connect from outside; inspect electrical system and equipment; test load of electricity grid; receive the network diagram and the location of the intermediate switches (if any), the location of the common circuit breaker and the breaker of the building/floor.

2. Before test time:

a) Proctors shall receive drafts and account note of each test takers from the Head of the Proctor Board or his/her authorized person; inspect the seal of test room; check the power and seals of computers; start computer and test program; call the test takers to enter into the test room, check the identification papers, objects of test takers, compare test takers with photos on their applications for tests; ensure that the test takers will take the assigned seats by the registration number; bear signature in the drafts and give them to the test takers; announce test regulations to test takers, give notes to test takers during test time; require test takers to check computers, keyboards, mice, headphones; microphones, cameras;

b) When signal to start is given, the Chairman or the authorized person activates the test by the software; proctors give test takers access to personal accounts; receive question papers from the server and start taking the test.

3. During the test: Comply with Clause 3 Article 16 hereof. During the test, if a test taker encounters any technical failure related to the account, software or computer, the proctor shall inform a technical for assistance. If the failure to remedy the technical failure affects the test-taking process of the test taker, the proctor shall report to the Head of Proctor Board for further actions.

4. End of test time:

a) The proctor asks test takers to perform the operations to end his/her test and to exit his/her test account as instructed;

b) With the assistance of the technician, the proctor asks each test taker to review their submission files and sign in the record of submission. For the speaking test, the technician, proctor and the test taker shall check the recording file saved in the server;

b) Supervisors outside the test room shall monitor and assist test takers, proctors, and technicians to keep order in the test rooms at the test site assigned by the Head of Proctor Board.

5. Packing and handing over answer files:

a) Proctors and technicians perform the saving of answer files of the test room according to the procedures already set up in the test administration software;

b) All answer data is stored in two sets on separate storage devices, ensuring the technical specifications, with all the test information outside and is sealed for handing over to the Secretary Board;

c) After verifying that the question papers are saved; proctors and technicians permanently delete all the test data in each of test taker's computer; turn off, seal and preserve the server.

6. Handover of surveillance data: Comply with Clause 6 Article 16.

Chapter VI

MARKING AND REMARKING

Article 21. Marking

1. General requirements:

a) The marking shall be conducted by the Test Council in a safe and isolated area with surveillance cameras that record the entire course of marking; guards and inspectors;

b) Before marking the writing test or speaking test (except for face-to-face speaking test), the head of the Marking Board shall gather all examiners to discuss and grasp the instructions on marking, answer keys, score scale and mark at least 10 question papers to draw on experience, and reach a consensus on how to use marking instructions;

c) The members of the Marking Board shall comply with the assignment by the head of the Marking Board, ensuring the punctuation according to the marking instructions, answer keys and score scale. Each writing and speaking answer must be marked by two different examiners through two separate rounds;

d) Processing marking results and taking a record of marking: The score for each test is rounded to 0.5 on a 10-point scale (0.25 will be rounded up toward and 0.75 rounded down toward 0.5; 0.75 will be rounded up toward and 1.25 will be rounded down toward 1.0 ); where the difference is less than 1.0 point, the two examiners uniformly get the average score of 2 scores as the test score; where scores of two markers are at least 1.0 point different, the two examiners must re-mark the answer sheet/performance; if the remarked score is still inconsistent, the report shall be sent to the head of the Marking Board for consideration;

dd) The scoreboard given to the Secretary Board must be signed by two examiners and the head of the Marking Board; the Secretary Board is responsible for put answer paper headings back and insert scores as prescribed in clause 7 Article 11 hereof.

2. Marking of paper-based tests:

The tests delivered in the form of multiple-choice answer papers on papers shall be marked in person by examiners, the marking procedures comply with clause 1 hereof. The tests delivered in the form of multiple-choice answer papers must be completely marked by the special software:

a) At the marking area, there is one team that handles multiple-choice tests established by the Chairman and under the direct management of the Head of Marking Board;

b) Composition of the multiple choice test team: the team leader is the head of the Marking Board; members are technicians and supervisors assigned by the Chairman and inspectors;

c) The entire marking process must be monitored directly and continuously. Members of the multiple choice test team must not carry pencils and erasers into the marking room and correct or insert in the test taker's answers for any reason. Any irregularity must be reported immediately to the supervisory unit and the team leader for joint verification and recording. All multiple-choice answer papers that have already marked and submission acknowledgement must be sealed, kept and secured;

d) As soon as practicable after completing the marking process, the test files and official test marks should be kept on CD and sealed and handed over to the Chairman.

3. For marking of computer-based test answers:

a) The Head of Marking Board and technicians shall encrypt and number answer paper headings following the process of the test administration software; answers in the form of multiple choice tests will be automatically by the software; the answers in other forms will be marked by the examiners;

b) The examiners mark each test taker's test and mark the scores according to their number of answer paper headings. The scoreboard given to the Secretary Board must be signed by two examiners and the head of the Marking Board;

c) The Head of Marking Board, the Secretary Board, and technicians are responsible for pairing answer paper headings on computers according to the process of the test administration software.

4. For marking of face-to-face speaking tests with examiners:

a) Each examiner shall write his/her own score for each test taker as soon as practicable after the end of the speaking section. When final test taker has finished, the examiners will discuss and agree on the test scores of each test taker;

b) Test scores of the test takers must be specified in the report of the speaking tests and full of signatures and full names of the examiners.

5. Consolidation of test results: After obtaining the test scores for all four test skills, the Head of Marking Board shall give them to the Secretary Board for consolidation, the Secretary Board shall send a final report to the Chairman for publishing the test results.

Article 22. Remarking

1. Remarking Board is set up by the Chairman, composed of the Head, the Secretary and examiners. Those who have participated in the marking test cannot join the Remarking Board of the same test period; the remarking process is specified in Article 21 of this Regulation, the face-to-face speaking test shall be marked through CDs with the answers of test takers.

2. Remarking process:

a) A test taker may apply for an enquiry on results to the test-administering entity within 7 working days from the date on which the test results are published;

b) The Secretary Board shall prepare a list of test takers applying for enquiry on results, clearly stating their test scores of each test skill requested for remark, and then send them to the Remarking Board;

c) For each test, the remark shall be made only once and conducted in a safe and isolated area with surveillance cameras that monitor the entire remark process;

d) If a skill’s score increases/decreases by at least 0.5 point (according to the 10-point scale) after being remarked, the final score will be adjusted, if the score increases/decreases by at least 1.0 point, the direct dialogue between the first-time examiners and the re-examiners must be organized (with meeting minutes). If misconduct or fraud signs are found, they shall be handled according to regulations;

dd) The remark results shall be published within 15 working days after the expiry of the time limit for receipt of application for enquiry on results.

Chapter VII

APPROVAL FOR TEST RESULTS, MANAGEMENT OF AWARD OF CERTIFICATES, REPORTING AND KEEPING DOSSIERS

Article 23. Approval for test results

1. Within 5 working days from the date on which the remark results are given, the Test Council shall consolidate the test results and grade the Vietnamese language proficiency achieved by the test takers according to the regulations on equivalency between scores and levels of Vietnamese language proficiency issued by the MOET, and then submit the test results to the test-administering entity, including:

a) A list of the specific test results of all test takers in each skill, including the level of foreign language proficiency achieved by the test takers who have completed all four tests;

b) A request for approving test results, stating general figures on the test period.

2. Within 07 working days after receiving such a request, the head of test-administering entity shall approve the test results.

3. As soon as practicable after the test results are approved, the test-administering entity publish the test results on its website.

Article 24. Management of certificates

1. The head of test-administering entity defined in Article 4 of this Regulation shall award certificates to eligible test takers, clearly stating the levels of Vietnamese language proficiency of test takers achieved through the tests.

2. The management, award and revocation of certificates shall comply with the current regulations of the MOET.

Article 25. Reporting

1. The test-administering entity shall send regular or irregular reports on the test administration to the MOET (via Department of Quality Control) at the request of the superior regulatory body.

2. Within 20 working days after announcing the final test results, the test-administering entity shall send the test results data according to each skill, general result and certificates of the test takers to the general system, under the guidance of the MOET.

3. Before every January 31, the test-administering entity shall report to the MOET (via Department of Quality Control) on situation and performance of the following:

a) Characteristics and situation of the test-administering entity, coordinating unit (if any);

b) List of test sites;

c) Consolidated proficiency test results of the previous years;

d) The plan for administering proficiency tests in the reporting year;

dd) Requests and proposals (if any).

Article 26. Keeping dossiers at the test-administering entity

1. Dossiers kept permanently: Lists of test takers, detailed transcript, list of test takers obtaining certificates.

2. Dossiers kept for at least 2 years: Original question papers, answer papers, data from surveillance cameras, records of misconduct during test periods.

Chapter VIII

INSPECTION AND SANCTIONS AGAINST VIOLATIONS

Article 27. Inspection

1. The Ministry of Education and Training directs and inspects the activities of test-administering entities in accordance with current regulations.

2. Test-administering entities shall frequently inspect and monitor conditions to administer tests and monitor their specialized divisions to ensure strict compliance with the provisions of this Regulation.

Article 28. Sanctions against maladministration committed by test-administering entities, test-administering persons and relevant individuals

1. If a test-administering entity commits maladministration against this Regulation:

a) Depending on the seriousness of the violation, the Minister of Education and Training shall decide to suspend the test administration for a period of from six months to twelve months or to terminate their test administration;

b) The MOET will announce test-administering entities that violate this Regulation and decide suspension or termination of their test administration on the website of the MOET;

c) When the duration of suspension has elapsed, based on an inspection conclusion that the violation has been remedied, the MOET may allow the test-administering entity to resume its test administration in writing.

d) If a test-administering entity which has its test administration terminated before seeks to resume its test administration, it shall send a Project to the MOET (via Department of Quality Control) as prescribed in Article 6 hereof.

2. Test administering persons and other concerned individuals who commit maladministration against the Regulation (detected during or after the test period or after the tests) shall be handled according to the current law provisions.

Article 29. Actions against test takers committing malpractice

1. Any act of malpractice committed by a test taker shall be recorded, handled and the final result of handling will be informed to him/her.

2. Forms of sanctions:

a) Reprimands to test takers who commits the following malpractice once: looking at other test takers’ tests or discussing with other test takers. The form of reprimand decided by the proctor is determined in the record;

b) Warning against test takers who commit one of the following acts of malpractice: Have been reprimanded once in the test session but still continue committing an act of malpractice at reprimand level; swap answer papers or scrap papers with other test takers; copy other test takers or let other test takers copy their answer papers. Warning shall be subject to decision of the proctor, record shall be made in writing and enclosed with evidence (if any);

c) Suspension of taking the test against test takers who commit one of the following acts of malpractice: Have been warned once in the test session but still commit acts of malpractice at reprimand or warning level; bring prohibited items into the exam room, bring the question papers out of the examination area or bring the answers from outside to the exam room during the exam; write or draw on the answer paper any content that has no relevance to the test; threaten officials or other test takers. The proctor shall issue a record, confiscate evidence (if any) and report the situation to the Head of Proctor Board. The head of Proctor Board shall report to the Chairman to decide whether to impose the suspension sanction. Test takers who have been suspended must submit the test, question papers and draft to the proctor and leave the test room immediately after the decision is made and only leave the test room only after 2 thirds of the allotted time of the test session;

d) Score deduction: A test taker who is reprimanded for a paper will have 25% of total score of that paper deducted; a test taker who is warned for a paper will have 50% of total score of that paper deducted; a test taker who has an answer paper with special symbol detected during the marking will be have 50% of total score of that answer paper deducted;

dd) An answer paper will be marked with 0 (zero) in the following cases: It is copied from any unauthorized handouts; the answer paper is written in two different styles of handwriting and above; the answers are written on scrap paper or other kind of paper that is not in the prescribed format;

e) Score cancellation is issued in the following cases: the test taker is suspended; the test taker writes or draws on the answer paper any content that has no relevance to the paper; the test taker allows someone to impersonate the test taker to take the exam, or engage in impersonation to take the exam for someone else; make alternation, interlineations and omission to the answer paper after submission; submit an answer paper of someone else as their own;

g) A person will be banned from taking the Vietnamese language proficiency test nationwide for the next two years if he/she commits one of the following acts of malpractice: Allow someone to impersonate the test taker to take the exam , or engage in impersonation to take the exam for someone else in any manner; cause disturbances; assault officials or other test takers.

3. For other acts of malpractice, depending on their nature and seriousness, they shall be sanctioned according to current regulations.

4. Data from the surveillance cameras is one of the official grounds to consider imposing sanctions against malpractice against the Regulation.

Chapter IX

IMPLEMENTATION

Article 30. The Department for Quality Control

1. Take charge and cooperate with the functional units under the Ministry of Education and Training in guiding, inspecting, and certifying eligibility for administration of Vietnamese language proficiency tests of registrants, issuing Vietnamese language certificates under Vietnamese language proficiency framework for foreigners as per this Regulation; publish the list of entities eligible for administering the tests and Vietnamese language certificates under Vietnamese language proficiency framework for foreigners on the website of the MOET; inspect the test administration and award of Vietnamese language certificates of the test-administering entities.

2. Provide professional guidance so that the test-administering entities can implement this Regulation.

Article 31. Test-administering entities

1. Ensure and maintain the conditions for administering Vietnamese language proficiency tests according to the provisions in Chapter II of this Regulation.

2. Administer proficiency tests and award Vietnamese language certificates under Vietnamese language proficiency framework for foreigners as set forth in this Regulation; publish on their websites information about test periods as prescribed in point e, clause 2, Article 6 hereof.

3. Deal with receipts and payments related to Vietnamese language proficiency assessment in accordance with regulations of competent authorities.

4. Comply with reporting regulations as prescribed Article 25 hereof./.