CIRCULAR

PROMULGATING REGULATION ON ASSESSMENT OF LANGUAGE PROFICIENCY ACCORDING TO VIETNAM'S LANGUAGE PROFICIENCY FRAMEWORK

Pursuant to the Law on Education dated June 14, 2005; Law on amendments to the Law on Education dated November 25, 2009;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to Government's Decree No. 123/2016/ND-CP dated September 1, 2016 on functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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;

Pursuant to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006, elaborating and providing guidance on the implementation of a number of articles of the Law on Education; the Government's Decree No. 31/2011/ND-CP dated May 11, 2011 on the amendments to the Government's Decree No. 75/2006/ND-CP dated August 02, 2006 providing guidance on the implementation of certain articles of the Law on Education; the Government's Decree No. 07/2013/ND-CP dated January 9, 2013 on amendments to Point b Clause 13 Article 1 of the Government's Decree No. 31/2011/ND-CP dated May 11, 2011 on amendments to the Government's Decree No. 75/2006/ND-CP dated August 2, 2006 on guidelines for the Law on Education;

Implementing Decision No. 1400/QD-TTg dated September 30, 2008 of the Prime Minister on approval for Scheme “Teaching and learning foreign languages in the national education system in the period 2008 – 2020”;

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The Minister of Education and Training promulgates a Circular on Regulation on assessment of language proficiency according to Vietnam's language proficiency framework.

Article 1. A Circular is promulgated enclosed with Regulation on assessment of language proficiency according to Vietnam's language proficiency framework.

Article 2. This Circular comes into force as of November 15, 2017.

Article 3. The Chief officers, Director of Department of Quality Control, heads of units affiliated to the Ministry of Education and Training; Directors of Departments of Education and Training; Directors of universities and institutions; Rectors of senior colleges; heads of foreign language training institutions affiliated to national education system, relevant units and individuals shall implement this Circular./.

PP. MINISTER
DEPUTY MINISTER




Bui Van Ga

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LANGUAGE PROFICIENCY TESTS 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)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This document sets forth language proficiency tests according to Vietnam's language proficiency framework (hereinafter referred to as language proficiency tests), including: purposes, rules; foreign language certificates; test-administering entities; test takers and test registration, test council, test-delivery modes and test sites; test papers; test administration; marking and remark; approval for test results, managing award of certificates, reporting and keeping of test documentation; inspectation and sanctions against violations.

2. This document applies to universities, institutions, senior colleges (hereinafter referred to as universities), teacher training colleges with foreign language discipline; Departments of Education and Training; public service providers that administer language proficiency tests; relevant entities.

3. This document does not apply to foreign-owned test-administering entities operating within Vietnam’s territory.

Article 2. Purposes and rules

1. Language proficiency test is administered to evaluate language proficiency of applicants according to Vietnam's language proficiency framework.

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Article 3. Foreign language certificates

1. Foreign language certificates shall be awarded to applicants who meet the requirements for scale of levels from 1 to 6 equivalent to Vietnam's language proficiency framework.

2. Template of foreign language certificate shall be issued by the Minister of Education and Training. Validity period of foreign language certificate shall be subject to the entities to which the certificate is given, dependent on purposes and requirements of particular jobs.

Chapter II

TEST-ADMINISTERING ENTITIES

Article 4. Test-administering entities

Test-administering entities include:

1. Senior colleges providing foreign language discipline or public service providers assigned to administer language proficiency tests which are entitled to administer language proficiency tests according to test formats from level 1 to 6 according to Vietnam's language proficiency framework.

2. Foreign language centers established 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), pedagogy colleges with foreign language discipline which are entitled to administer language proficiency tests according to test formats from level 1 to 3 according to Vietnam's language proficiency framework (intended for general education students).

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A test-administering entity prescribed in Article 4 of this Regulation, prior to administering language proficiency tests, must meet any of the following requirements:

1. There is an independent division in charge of language proficiency assessment (hereinafter referred to as specialized division).

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. 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: obtains at least a master’s degree in one of disciplines below: measurement and evaluation in education, foreign language and culture, foreign language pedagogy; 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;

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 being center’s full-time staff; 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.

3. There is pedagogic-learning and safe environment for administering of examination.

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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.

- 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;

- Equipment for sound recording, sound generating, video recording and specialized software must be sufficient to serve administration of tests;

- 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;

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

- 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.

- The test area must meet requirements pertaining to safety, security and fire prevention.

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-delivered tests for at least 100 test takers for a session;

c) A website is available for administering tests;

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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. In particular, the number of test questions and test papers for each test format are below:

a) In 2017 and 2018, there should be at least 30 equivalent English test papers at a time; 20 equivalent test papers in other languages; in which the similarity rate of test questions between test papers does not exceed 10%;

b) From 2019, there should be at least 50 equivalent English test papers at a time; 30 equivalent test papers in other languages; in which the similarity rate of test questions between test papers does not exceed 10%;

6. There is computer-delivered test software that meets requirements below:

a) Possess friendly interface, easy to install and use; able to disconnect applications and external devices unrelated to the test content;

b) Allow test takers to log into the software to take the test using his/her personal test account;

c) The question bank is classified for updating and supplementing;

d) Have the function to automatically select randomly and uniformly the questions in different parts of knowledge to create the equivalent multiple choice tests in terms of difficulty from the bank test questions;

dd) Have the functions: take pictures of test takers and put them in test data; timers; preview the next question, statistics on questions answers; automatic scoring of multiple choice tests; automatic exporting and keeping answer sheets, test results of the test takers when the allotted time runs out; automatic analysis of test takers’ results according to classical and modern methods; backup and security.

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a) The project for administering language proficiency tests must provide sufficient information and evidence in terms of requirements for language proficiency tests as prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article;

b) The test-administering entity shall make and publish the project for administering language proficiency tests on its website and on the Ministry of Education and Training’s website before a language proficiency test is administered; be answerable to the project’s contents; and send the project to the Ministry of Education and Training for inspection.

Article 6. Assignment of task of administering language proficiency tests

The Ministry of Education and Training shall consider assigning the task of administer language proficiency tests to qualified test-administering entities prescribed in Article 5 of this Regulation.

Chapter III

TEST TAKERS AND TEST REGISTRATION, TEST COUNCIL, TEST METHODS

Article 7. Test takers and test registration:

1. Test takers:

Any person wishing to have his/her language proficiency evaluated or to obtain a foreign language certificate according to Vietnam's language proficiency framework shall meet the following requirements:

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

2. Applications for test registration

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 any of documents that remain valid below: ID card, passport, citizen identification card, student card (if the test taker is a elementary or lower secondary student);

- An application form for language proficiency test according to Vietnam's language proficiency framework (including full name; date of birth; number and date of issue  of identity papers that remain valid; time, date, test level and other information deemed necessary).

b) The application for test registration shall be registered by one of the following methods:

- The applicant submits application to test-administering entity in person or on the test-administering entity's website;

- The applicant's organization, agency, enterprise, or educational institution shall register on behalf of the applicant to the test-administering entity.

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- Publish information about test paper format, illustrated test papers, test-delivery mode, time and sites;

- Verify applications and make a list of test takers; publish the list of test takers on the test-administering entity’s website and notify test takers of the test schedule and site for each skill at least 5 working days before the test date;

- Provide test takers with information deemed necessary prior to the test.

Article 8. 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 10 minutes late after the testing begins will not be allowed to take the test.

2. Present identity papers that remain 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 are not allowed, including watches.

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.

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7. For paper-based tests:

a) When receiving the test papers, check the page number of the test paper and write the registration number in the test paper. If the test paper is found missing of any page or torn, damaged, blurry or missing, the examiner 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 stricken out without any erasure method; any circle (filled by the pencil) deemed incorrect in the answer sheet must be completed removed;

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

8. For computer-delivered tests:

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

b) Receive computer and take computer-delivered test:

- - Get computer, get familiar with the computer; receive account slip and login account to do the computer-delivered test;

- Take the test in accordance with the guidelines for each part or each skill;

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- 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 perform 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 applications for test and the list of test results (if any).

c) Do not contact with computerized sealed sites until the end of the test time. Do not copy test questions or test papers in any form. Do not use any program other than the computer-delivered language proficiency program that has been installed whilst the test is in progress, including the drafting time.

Article 9. Test council

1. The test council shall be established by the head of test-administering entity. The test council is 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 being personnel of the test-administering entity and coordinating unit (if any); inspects and police officers;

b) Boards: Secretary Board; Test Board; Printing Board; Proctor Board; Examination Board; Review board (if there is an appeal request). Board members are selected among managers; teachers; lecturers; those who perform the task of supervising and protecting safety; technicians, medical staff, service staff have  qualified professional skills and experience in the test. For leaders of the Test Board, Examination Board, Review board, they must have certificates of completion of the professional training program on prepare test papers/questions or marking according to the regulations of the Ministry of Education and Training as required for test paper-makers and examiners.

2. The chairman, the vice-chairman and members of the Test Council must have professional qualifications, good profession and no relatives (their parents, spouses, offspring, adopted children, siblings, and siblings-in-law) who are test takers at the Test Council.

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Article 10. 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 test papers, answer keys, marking guidelines;

- Stipulate the answer sheet 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 violations of Regulation.

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

3. Test board

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

b) Transfer the original test paper which has been encrypted and sealed to the chairman or the proctor board head (for computer-delivered tests), or the head of printing board (for paper-based tests) if authorized by the chairman;

c) Members of test board shall be responsible for all texts of test papers and security thereof according to their respective responsibilities in accordance with applicable regulations and laws on protection of State top secrets. In case of paper-based tests, those who are test board members and on contact with the test contents must be completely isolated from the beginning of the test until the end of the allotted time.

4. Printing board (in case of paper-based tests):

a) Print test papers in conformity with rules of security and safety according to their respective responsibilities in accordance with applicable regulations and laws on protection of State top secrets;

b) Upon completion of printing the required number of copies, transfer test papers to the chairman or proctor board if assigned by the chairman;

c) Those who are printing board members and on contact with the test contents must be completely isolated from the beginning of the test until the end of the allotted time.

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a) General tasks:

- Arrange enough proctors to invigilate and protect test rooms and ensure the safety of the test and test takers’ answer sheets; assigning specific tasks to each member of the proctor board;

- Organize, manage, and supervise test takers according to the given test schedule and internal rules of the test room.

b) For paper-based tests:

- Receive, preserve, and use test papers as guided;

- Receive answer sheets, seal answer sheets and applications, and send the transfer note to the secretary board as prescribed in Article 16 of this Regulation.

c) For computer-delivered tests:

Guide and supervise test takers to use computers, give answers and submit answer sheets as prescribed in Article 20 of this Regulation.

6. Examination board:

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

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

d) Submit answer sheets and transcripts according to answer sheet headings to the secretary board for consolidation.

7. Review board:

a) Re-mark answer sheets according to guiding documents provided that one answer sheet 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.

8. 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 sheets from the proctor board; preserve and do count of the answer sheets; compare the signatures sealed on the envelopes of answer sheets by proctors or examiners with the signatures on the acknowledgement of test received and answer sheets of test takers; number and cut up answer sheet headings; and then seal and preserve them;

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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.

9. Security

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

b) Seals, open sealed documents and test data:

- 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; only those who are on this list are responsible for sealing by signing;

- The sealing sign is affixed to the sealing label or to a given position on the sealing envelopes. Seals and sealed envelopes cannot be reused once broken for the keeping of documents and test data;

- When sealing or opening seals, they must make records; with the participation of the person who directly performs and is certified by representatives who witness the sealing or opening of seals. The record shall clearly state the names of person who has sealed and opened seals; certify the sealing signature compared to the list of names and the specimen signatures of the persons responsible for sealing by signing issued by the chairman.

Article 11. Test-delivery modes

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2. Speaking skills are tested in the form of face-to-face or computer-delivered speaking tests.

3. For each test, based on the actual conditions, the test-administering entity shall announce the test-deliver modes which are paper-based or computer-delivered tests, face-to-face or computer-delivered speaking tests before test takers apply for tests.

Chapter IV

TEST PAPERS

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) Test questions 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;

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

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

1. Those participating in the printing of test papers may not disclose information about the test papers.

2. The printing of the test papers must be carried out at the place where confidentiality and safety are absolutely kept, with police protection and supervision of inspection officers outside.

3. The packaging of test papers

a) Number of test papers for each test must be printed sufficiently corresponding to all test takers in test rooms. Test papers must be clearly printed. At each test site, an envelope of certain number of test papers to be used in the case of unexpected event will be prepared;

b) Before packaging test papers, there must be a statistical copy of quantity of test takers to distribute the test papers; write the name of the test site, test room, subject test, allotted time and the number of test papers in each envelope;

c) The test packers must strictly follow the prescribed procedures, ensure the correct number of test papers, the CDs, the skills to be tested in the test envelopes, the number of test papers for each test site and each test room;

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

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4. Preservation and use of test papers

a) Test papers must be sealed in accordance with regulations; stored in a box, cabinet or safe, with a strong lock, be sealed under regular guardianship in accordance with applicable regulations on protection of State top secrets. The key of the box, cabinet or safe is kept by the head of the proctor board;

b) Test 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;

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

5. Records in terms of test papers

a) The printing board shall make transfer records of sealed test paper 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 test papers in the working room of the Council, witnessed by the proctors (or the speaking examiners) at the beginning of each test session, before handing over the envelope of test papers to the proctors (or the speaking examiners);

c) The proctor shall take a record to certify the opening of test papers at test rooms, witnessed by test takers before the test papers are handed to them;

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

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e) The head of the proctor board shall seal up all test papers that have been used and unused test papers and give a transfer note to the chairman; then the chairman shall give a transfer note to the head of specialized division;

g) Within 5 working days after completing the marking, remark and insertion of scores, the head of the specialized division shall make records on the destruction of all test papers, answer keys, and marking guidelines under supervision of the inspectors or police officers;

h) For paper-based tests, the chairman shall make records on the hand-over of the original test papers kept at the Test Council as prescribed at Point c, Clause 4 of this Article to the head of the specialized division for archival and confidentiality for at least 2 years for subsequent inspection and examination by the competent authorities (if any); and then make a record of destruction with the supervision of inspectors or police officers.

Article 14. Supply of test papers for computer-delivered tests

1. The head of the proctor board shall receive an encoded test paper from the chairman or the proctor board and make a written report on test delivery.

2. For the mode of online test, the chairman shall decide the time and method of supplying test papers, ensuring the principles of confidentiality and safety.

Chapter V

TEST ADMINISTRATION

Section 1. PAPER-BASED TESTS

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1. Make a list of all test takers in the alphabetical order of their names in each foreign language and each test format so as to mark identification numbers. The identification numbers of each test taker comprise 06 letters; in which, the first two letters are foreign language 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 and supervisors for the listening, reading and writing skills:

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

b) Supervisors outside the test room: Each supervisor shall not supervise more than 120 test takers or more than 03 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 (such as a CD player and speaker) for official use and a set of spare parts at each individual test room (no more than 30 test takers) according to the number of test rooms of each test, the total number of sets of sound equipment must be at least 1.2 times the number of test rooms of each test; or have qualified sound system that transmits sound clearly audible to all test rooms or to each test taker.

Article 16. Test administration

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:

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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 test papers, answer sheets, multiple-choice answer sheets, 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 sheets, multiple-choice answer sheets, 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 test papers to every test takers.

3. During the test:

a) Proctors must closely monitor the test room; re-check if test takers’ identity papers are matched and test takers take assigned seats; and do not let test takers discuss with others or commit fraud acts in test room; proctors may not read test papers or willingly discuss with test takers about test papers; do not let test takers copy test questions or test 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;

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d) Supervisors shall monitor test takers and proctors, speaking examiners, and technicians at the test site as assigned by the head of proctor board; 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 sheets and test papers in turn (check number of answer sheets, multiple-choice answer sheets and request test takers to sign in the acknowledgement of tests). No test taker is allowed to leave the test room unless sufficient answer sheets and test papers are submitted;

b) Supervisors shall monitor and assist proctors to keep order in the test rooms during the collecting process of the test site assigned by the head of proctor board.

5. Packing and transferring answer sheets and test papers

a) Proctors shall submit tests and acknowledgement thereof to the head of proctor board or the authorized person for sealing by proctor. Signatures of proctor and answer sheets' receiver 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 test papers and test applications already sealed to the secretary board; and hand over the test papers that have been sealed to the chairman.

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

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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 outside test rooms

a) In a test room, at each test desk, a sufficient number of examiners shall be assigned as required by the test format;

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

c) In each waiting room, 2 supervisors, including 1 person in the waiting room and 1 supervisor outside the waiting room shall be assigned.

3. Test procedure

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

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c) During the test period, the supervisor shall be responsible for supervising test takers and proctors in the test room; monitoring the movement of test takers from the waiting room to the test room and from the test room out of the test site, ensuring that test takers do not communicate with anyone else. Supervisors in the waiting room have the responsibility for keeping order and run the activities of test takers in the waiting room. Supervisors outside waiting room are responsible for supervising the test takers and supervisors in the waiting room; supervise the test takers outside the waiting room;

d) Speaking test shall be taken directly and recorded while the test is in progress. An proctor must check the condition of the sound recorder to ensure that all test takers’ speaking performance are kept. After receiving or drawing the test papers according to the guidance of the proctors, test takers shall perform the speaking test corresponding to the test format;

e) After the test is finished, the examiner asks the test taker to sign the acknowledgement of speaking test or application for test (including the case where the test taker has not spoken anything for being recorded); let the test taker leave the test room and admit the following test taker into the test room. Each test taker will be called till the end of the list.

3. Procedures for a face-to-face speaking test taker:

a) After entering the test room, receive a draft paper or test paper or withdraw a test paper;

b) Perform his/her speaking test when the examiner announces that the recorder starts;

c) Sign the acknowledgement of speaking test or application for test and leave the test room;

d) Move to the prescribed site under supervision of supervisors outside test room.

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

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b) As soon as practicable after completion of the test, the proctor board shall hand over all speaking performance and data from surveillance cameras and test dossiers already sealed to the secretary board; and hand over the test papers that have been sealed to the chairman;

c) The secretary board shall hand over all speaking performance and data from surveillance cameras and test dossiers already sealed to the examination board; and hand over the test papers that have been sealed to the chairman;

Section 2. COMPUTER-DELIVERED 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.

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;

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3. The computers in the test room are arranged in the appropriate distance, separated by partition walls, so that each test taker is not able to look at a neighbor’s screen.

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

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

6. Sufficient technicians must be assigned during the test progress provided that the ratio of test takers to technicians is 20:1.

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

1. The test desk in each test room shall be arranged with the distance between test takers at least 1.2 meters or with a partition to ensure the quality of the recording.

2. Each test taker is provided with a separate computer with specialized software that serve the test taker's speaking test.

3. 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

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a) Within 90 minutes prior to the commencement of the first test, the head of proctor will transfer the test data to the server, and directly decrypt it for test takers;

b) 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;

c) 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; check the keyboards, mouses, headsets, microphones, cameras; and receive test papers from the server.

3. During the test: Regulations of Clause 3 Article 16 shall apply. In addition, proctors and technicians should monitor the status of the test takers' accounts:

a) If the test account does not interact with the test system for more than 05 minutes, the test account is closed when the allotted time has not elapsed, then the connection between the test taker’s computer and the server must be checked;

b) When a test taker’s allotted time is interrupted due to breakdowns related to account, software or computer, the proctor shall take one of the following measures:

- Report to technicians for repairing or replacing with backup computer or devices (if necessary);

- Pass the test taker to another computer in the test room or request the head of proctor board to transfer such test taker to another test room.

c) If the above measures may not adopted or if the test taker's time is interrupted for too long, the proctor shall take the minutes and report them to the head of proctor board.

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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 for certification. For the speaking test, the technician, proctor and the test taker shall check the recording file saved in the server;

c) 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 transferring answer files:

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

b) All answer data is stored in two sets on various CDs or hard disks, 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 test 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: Regulations of Clause 6 Article 16 shall apply.

Chapter VI

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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; or police officers as deemed necessary;

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

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 examination of national upper secondary schools;

d) Processing the marking results and taking the marking records:

- 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 examination board for consideration;

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e) The secretary board is responsible for put answer sheet headings back with the rules of accuracy and confidentiality.

2. Marking of paper-based tests:

a) Writing tests will be marked by examiners;

b) The tests delivered in the form of multiple-choice answer sheets must be completely marked by the special software:

- At the marking area, there is one team that handles multiple-choice tests established by the chairman and under the direct management of the examination board's head;

- Composition of the multiple choice test team: the team leader is the head of the examination board; members are officers and technicians; the supervisory department shall be assigned by the chairman and inspectors;

- The entire marking process, from the time when the seal of envelope of multiple choice answer sheets is broken to the end of the marking, 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 sheets that have already marked and acknowledgement of tests must be sealed, kept and secured;

- 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. Marking of computer-delivered tests: The officials and technicians of the test-administering entity may participate in marking of computer-delivered tests with specialized software; test skills in the form of multiple choice tests will be automatically by the software program, the test skills in other forms will be marked by the examiners; the process of putting answer sheet headings back is done by software, under the direction and supervision of the chairman.

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a) Each examiner shall write his/her own intended 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. In cases where the test format requires only one examiner to conduct the face-to-face speaking test, at least one other proctor shall be assigned to mark the test taker's recorded data;

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. For marking of test takers' recorded data:

a) Speaking test data of each test taker is encoded and borne new identification number following the process of specialized software;

b) The examiners mark each test taker's test and mark the scores according to their identification number. The scoreboard given to the secretary board must be signed by two examiners and the head of the examination board;

c) Head of examination board and technicians are responsible for putting answer sheet headings on computers according to the process of specialized software.

6. For marking of computer-delivered writing and speaking tests:

a) Writing and speaking test data of each test taker is encoded and borne new identification number following the process of specialized software;

b) The examiners mark each test taker's writing and speaking test and mark the scores according to their identification number. The scoreboard given to the secretary board must be signed by two examiners and the head of the examination board;

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7. Analysis of test results

After obtaining the test scores for all four test skills, the secretary board shall summarize and analyze the results of the test; propose irregularities in the performance results of test takers (if any), propose the chairman to mark an additional round (if necessary).

Article 22. Remark

1. Remark board is set up by the chairman, composed of the head, the secretary and examiners. Those who have participated in the marking test cannot participate in the remark board of the same test.

2. Remark 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 remark 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;

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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 consolidate the test results and grading the foreign language proficiency achieved by the test takers according to the regulations on test format issued by the Ministry of Education and Training, 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 examination results, stating general figures on tests.

2. Within 07 working days, 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 the website of the test-administering entity and build an online search system to verify test results, ensuring confidentiality of the test taker's personal information.

Article 24. Management of award of certificates

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

Article 25. Reporting

1. The specialized division of the test-administering entity shall send regular or irregular reports on the test administration at the request of the test-administering entity.

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 Ministry of Education and Training.

3. Before every January 31, the test-administering entity shall report to the Ministry of Education and Training, the contents of the report shall include:

a) Characteristics and situation of the test-administering entity, specialized unit or 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 year;

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Article 26. Keeping dossiers

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

2. Dossiers kept for at least 2 years: Tests, data from surveillance cameras, records during tests.

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. Superior authorities of test-administering entities shall inspect test-administering entities in accordance with current regulations.

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

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1. If a test-administering entity violates 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 one year or to terminate the assignment of administering language proficiency tests;

b) After the suspension period, if the cause of the violation is eliminated, the Minister of Education and Training shall issue a decision to assign the test-administering entity to resume administering language proficiency tests;

c) The Ministry of Education and Training will publish announce test-administering entities violating Regulation and decide suspension of test administration or terminate the assignment of administering language proficiency tests on the website of the Ministry of Education and Training.

2. Test takers and other concerned individuals who violate the test regulations (detected in the tests or after the tests) shall be handled according to the current law provisions.

Article 29. Sanctions impose on test takers violating test regulations

1. Violations against the test regulations by test takers must be recorded and sanctions shall be notified to the test takers.

2. Forms of sanctions:

a) Reprimands to test takers who make a mistake: look at other test takers’ tests or discuss with other test takers. The form of reprimand issued by the proctor is determined in the record.

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- Having been reprimanded once, but still violating the test regulations at the degree of reprimand ;

- Exchange answer sheets or drafts with other test takers;

- Copy of another test taker or let another test taker to copy his/her answer sheet.

The disciplinary form of warning issued by the proctor shall be recorded, accompanied by evidence (if any).

c) Suspension of the test takers committing one of the following errors:

- Have been warned once, but keep violating the test regulations in the test session at the degree of reprimand or warning;

- Bring illegal materials and belongings into test rooms;

- Bring the test papers out of the test room or bring the answers into the test room;

- Write, draw in the test contents not related to the test;

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Proctors shall take a record, collect exhibits (if any) and report 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, test 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) Subtract test scores:

- A test taker who is reprimanded during a skill test will have his/her 25% of the total score of such skill test subtracted;

- A test taker who is warned during a skill test will have his/her 50% of the total score of such skill test subtracted;

- A test taker who is found intentionally marking the test will have his/her 50% of the total score subtracted.

- Score 0 (zero) will be given in one of the following cases: The test is copied from the documents illegally brought into the test room; the test is written by at least two people; parts of the test are written on paper or drafts not in accordance with the regulations.

dd) Cancellation of test results if:

- A test taker is suspended;

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- A person takes a test for another person or vice versa in any form; edit and add to answer sheet after submission; use another person’s answer sheet to submit.

e) A person will be banned from taking the foreign language proficiency test for the next two years if he/she commits one of the following errors:

- Take a test for another person or vice versa in any form;

- Disrupt or damage the test; assault the test organizer or other test takers.

3. For other violations, depending on the nature and seriousness of their violations, 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 violations of the test regulations.

Chapter IX

IMPLEMENTATION

Article 30. The Department for Quality Control

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

Article 31. Superior bodies of test-administering entities

1. Assist and enable test-administering entities to administer language proficiency tests as set forth in this Regulation.

2. Inspect the operation of test-administering entities as prescribed in Clause 2 Article 27 of this Regulation.

Article 32. Test-administering entities

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

2. Administer language proficiency tests as set forth in this Regulation. There are specific regulations on the internal rules of test rooms, proctoring, and marking to be widely made public to the members of the Test Council and test takers taking part in the test.

3. Effect the collection and spending on the language proficiency tests in accordance with regulations of competent authorities.

4. Inspect and supervise the activities of the specialized division as provided for in Clause 3, Article 27 of this Regulation.

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Thông tư 23/2017/TT-BGDĐT về Quy chế thi đánh giá năng lực ngoại ngữ theo Khung năng lực ngoại ngữ 6 bậc dùng cho Việt Nam do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành