Thông tư 14/2022/TT-BGDĐT quy định về kiểm định viên giáo dục đại học và cao đẳng sư phạm do Bộ trưởng Bộ Giáo dục và Đào tạo ban hành

CIRCULAR

ON ACCREDITORS OF HIGHER EDUCATION AND PEDAGOGICAL COLLEGES

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

Pursuant to Law on Education dated June 6, 2019;

Pursuant to Law on Vocational Education dated November 27, 2014;

Pursuant to Decree No. 99/2019/ND-CP dated December 30, 2019 of the Government on elaboration of the Law on amendments to the Law on Higher Education;

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 accreditors of higher education and pedagogical colleges.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular set forth accreditors of higher education and pedagogical colleges (hereinafter referred to as accreditors), including: qualifications, tasks and powers of accreditors; professional training for accreditors; testing of accreditors, issuance and revocation of accreditor’s cards.

2. This Circular applies to accreditors participating in education accreditation of higher education institutions, pedagogical colleges or training programs at higher education levels, training programs at the pedagogical college level; higher education institutions, pedagogical colleges, colleges that train teachers at the pedagogical college level (hereinafter referred to as training institutions), education accreditation organizations, facilities for professional training of accreditors (hereinafter referred to as accreditor training facilities) and other related organizations and individuals.

3. This Circular does not apply to organizations affiliated to and individuals working for foreign education accreditation organizations operating in Vietnam.

Article 2. Accreditors

Accreditors must meet the qualifications as prescribed in Article 4 of this Circular and participate in education accreditation as prescribed by the Minister of Education and Training.

Article 3. Purpose of promulgating regulations on accreditors

1. Serve as a basis for competent regulatory bodies to manage the activities of accreditors; enable society and relevant agencies and organizations to know and supervise the performance of tasks and powers of accreditors, training, assessment, recruitment and management of accreditors.

2. Serve as a basis to improve the quality of the accreditor team, to meet the requirements of quality assurance and quality accreditation of higher education, pedagogical colleges and related parties' requirements.

3. Serve as a basis for accreditor training facilities to build and develop programs and provide professional training for accreditors.

4. Ensure consistency and efficiency in recruitment and management of accreditors of education accreditation organizations; ensure fairness and objectivity in testing accreditors; improve the professionalism of accreditors and the quality of education accreditation.

5. In order for accreditors and people who aspire to become accreditors to take initiative in and have plans in learning, training, improving quality and capacity to meet the requirements of quality assurance and education accreditation.

Chapter II

QUALIFICATIONS, TASKS AND POWERS OF ACCREDITORS

Article 4. Qualifications of accreditors

1. Have good moral qualities, stay honest, impartial and fair in work.

2. Have professional and scientific working attitude and style; responsible and cooperative in work; abide by the law.

3. Have a deep and wide understanding and practical experience in quality assurance and accreditation of higher education and pedagogical colleges; knowledgeable about policies and laws on higher education and pedagogical colleges; have the ability to independently and autonomously make comments, assessments and recommendations on quality assurance and accreditation of educational institutions and training programs according to the standards issued by the Minister of Education and Training.

4. Have 5 years or more working as a lecturer or working in the field of management of higher education, pedagogical colleges.

5. Have a valid accreditor’s card.

Article 5. Tasks, powers and responsibilities of accreditors and prohibited acts

1. Tasks and powers

a) Join the external evaluation team, the education accreditation council of the education accreditation organization as prescribed;

b) Stay independent in professional opinion, honest, objective, fair, transparent in performing tasks and powers;

c) Other tasks and powers in accordance with relevant laws and regulations and a lawful agreement with the education accreditation organization.

2. Responsibilities

a) Preserve the quality, reputation and honor of the accreditors; comply with the laws and regulations of concerned authorities, organizations and units when performing education accreditation;

b) During each 05 years (60 months) after the date of card issuance, the accreditor must participate in at least 02 (two) external evaluation teams and 01 (one) regular refresher course to improve professional capacity held by an accreditor training facility that meets the requirements of Clause 2, Article 8 of this Circular, or 01 (one) refresher course to improve the professional capacity of accreditors held by the Ministry of Education and Training;

c) Make explanations about education accreditation to regulatory bodies upon request.

3. Prohibited acts

a) Abuse the tasks and powers of accreditors to commit unprincipled acts of education accreditation in order to profit from educational institutions, education accreditation organizations and relevant organizations and individuals;

b) Connect with educational institutions and education accreditation organizations to contravene the law in negotiating and signing education accreditation consultancy contracts, affecting the interests of the public interests and legitimate interests of organizations and individuals;

c) Receive or demand any other money or benefits from educational institutions and other related organizations and individuals in addition to the remuneration and expenses agreed upon under the signed contract and under the laws;

d) Insult the honor or ruin the reputation of colleagues; take advantage of their influence to illegally interfere in the activities of colleagues;

dd) Other acts prohibited by law.

Article 6. Cases where accreditors are not allowed to join external evaluation teams or education accreditation councils

1. An accreditor may not be a member of an external evaluation team or an education accreditation council if:

a) He/she has currently worked for an investment organization or individual of a training institution registered for education accreditation;

b) He/she has a spouse, father, mother, child, biological brother, sister, or younger brother; father, mother, brother, sister, brother of the spouse; guardian; ward (collectively referred to as relatives) who are working or studying at a training institution registered for education accreditation;

c) He/she has been a learner, employee at a training institution registered for education accreditation;

d) During the 24 months preceding the decision to establish the external evaluation team, he/she has made a self-assessment and provided it for the training institution registered for education accreditation.

2. Accreditors are not allowed to join external evaluation teams or education accreditation councils when they are related to complaints and recommendations that are being considered and resolved by competent authorities according to the regulations of law.

Chapter III

PROFESSIONAL TRAINING FOR ACCREDITORS

Article 7. Professional training programs and documents for accreditors

1. A professional training program for accreditors includes: objectives, expected learning outcomes in terms of knowledge, skills, autonomy and responsibility of learners after completing the course; content, duration, methods and forms of refresher training, assessment and retention of learners’ performance.

2. Based on the framework of the professional training program for accreditors specified in Appendix I to this Circular, the accreditor training facility shall build, appraise and issue detailed training programs; organize the compilation or selection, evaluation and issuance of mandatory use documents for the professional training program and regular training materials.

Article 8. Provision of professional training for accreditors

1. Accreditors receiving professional training must have a master's degree or equivalent or higher.

2. Accreditor training facilities include: universities, academies, universities, domestic education accreditation organizations established and licensed for educational activities that satisfy the following minimum requirements to ensure quality of professional training for accreditors:

a) Facilities, training programs and materials: ensure resources in terms of facilities and equipment (classrooms, learning materials, websites and other relevant condition); the accreditor training facility's website is capable of supporting online interaction between learners and between learners and teachers, with public information on the contents specified in Clause 5 of this Article; as for a accreditor training facility that is not an education accreditation organization, it must cooperate with an education accreditation organization to organize practical internships on external assessment operations at the facility for learners; have programs and documents to provide professional training for accreditors as prescribed in Article 7 of this Circular;

b) Teaching staff: there are at least 10 (ten) people on the list to participate in teaching refresher courses, of which at least 03 (three) lecturers are public employees who are recruited, employed and managed according to the provisions of the law on public employees or employees who have been contracted for an indefinite term according to the Labor Code (for universities, academies, universities) or have at least 03 (three) accreditors who have been signed with an indefinite term contract under the Labor Code (for education accreditation organizations); be an accreditor’s card holder, have at least 10 years of experience in administration of higher education, pedagogical college or have at least 05 (five) times participating in the role of team leader or secretary of an external evaluation team or persons who have worked at regulatory bodies participate in directing and directly drafting legal documents in the field of quality assurance and education accreditation;

c) Organization and management: there is 01 (one) leader of the training facility in charge of holding professional training for accreditors; there is 01 (one) unit affiliated to or under the accreditor training facility assigned to act as the focal point to provide professional training for accreditors; the training facility has internal documents promulgated to organize and conduct professional training of accreditors.

3. Before holding the first course in professional training of accreditors, the facility shall report it to the Quality Management Department, the Ministry of Education and Training on their eligibility according to the form in Appendix II to this Circular.

4. Before each professional training course for accreditors, the training facility shall report to the Quality Management Department the training plan according to the form in Appendix III to this Circular.

5. Before announcing enrollment, the accreditor training facility must publicize on its website the following basic matters:

a) Plan on holding the refresher course; detailed program and list of required documents for the refresher program; tuition fees to be paid by learners; rules or regulations of the refresher course; rights and obligations of lecturers, instructors, learners and related organizations and individuals;

b) Information about lecturers and instructors for each topic with basic information about their full name, qualifications and working experience.

6. At the end of the accreditor training course, the head of the training facility shall issue a certificate of completion of the accreditor training program to learners who meet the requirements according to the form provided in Appendix IV to this Circular.

7. After issuing certificates of completion of the professional training program for accreditors to the learners of the refresher course, the accreditor training facility shall send to the Quality Management Department a list of learners and those who have been issued with certificates of completion of the professional training program for accreditors; and also make public the list of those who have been issued with certificates of completion of the accreditor training program on facility's website and update the information into the quality assurance and higher education accreditation.

8. Every year, the accreditor training facility shall review, update and supplement detailed training programs and documents, internal documents on management activities and requirements for conducting professional training for accreditors.

Chapter IV

TESTING OF ACCREDITORS, ISSUANCE AND REVOCATION OF ACCREDITOR’S CARDS

Section 1. TESTING OF ACCREDITORS

Article 9. Test-administering entity

1. The Quality Management Department is the unit in charge of formulating plans and regulations on administration of testing and submitting them to the leaders of the Ministry of Education and Training for signature and promulgation; coordinate with relevant units, organizations and individuals inside and outside the Ministry of Education and Training in administering testing of accreditors.

2. The Director of the Quality Control Department shall issue a decision to assign tasks to 01 (one) public sector entity directly under the Quality Management Department to perform the following tasks: prepare facilities and equipment and other relevant condition for administering testing of accreditors'; receive applications for registration of accreditor tests.

Article 10. Content and form of test

1. Content of the test

a) Theory part: overview of quality assurance and education accreditation; the educational institution quality assurance system; quality assurance system and training program operation; self-assessment and assessment outside the educational institution and training program; regulations on accreditors of higher education and pedagogical colleges;

b) Practical part: applying basic knowledge and skills in accrediting educational institutions and training programs to do case studies.

2. Form of the test

a) Candidates take the test through 02 (two) parts of test, including the theory test in the form of multiple choice with the test time of 60 minutes and the practical test with the test time of 120 minutes;

b) Each test paper has answer keys and detailed grading scale for grading; the total score of each test is 100 (one hundred) points (on a 100-point scale);

c) The candidate who achieves 80 (eighty) points or more in the theory test and 70 (seventy) points or more in the practical test is considered passed by the Accreditor’s Testing Council.

Article 11. Registration for the test

1. Persons having 5 years (60 months) or more as lecturers or working in the administration of higher education, pedagogical colleges; knowledgeable about policies and laws on higher education and pedagogical colleges; have completed the professional training program for accreditors according to regulations approved by the Ministry of Education and Training may register to take the accreditor’s test.

2. Each application for taking the accreditor’s test shall be sent to the Ministry of Education and Training according to the instructions in the notice of test-administering entity, including:

a) Curriculum vitae according to the form in Appendix V to this Circular;

b) Certificate of completion of the professional training program for accreditors; diplomas and documents related to the time of teaching, administration of higher education, pedagogical colleges of the test taker.

Article 12. Testing process

1. Step 1. The Quality Management Department shall notify the administration of accreditor’s test on the web portal of the Ministry of Education and Training.

2. Step 2. Prepare for the administration of the accreditor’s test

a) The Director of the Quality Control Department shall issue a decision on the establishment of the Accreditor’s Testing Council. The Accreditor’s Testing Council may use the seal of the Quality Management Department to perform their tasks;

b) The Chairman of the Accreditor’s Testing Council shall decide to establish the specialized committees and subgroups (Secretary Committee, Test Paper Board, Invigilation Board, Grading Board, Appeal Board and other subgroups where necessary);

c) The Accreditor’s Testing Council considers and publishes the list of qualified and unqualified people to take the test on the website of the Ministry of Education and Training.

3. Step 3. Administer the accreditor’s test

a) The Accreditor’s Testing Council shall administer the test according to the content and form specified in Article 10 of this Circular;

b) Within 20 working days from the day on which the final part of test is completed, the Accreditor’s Testing Council shall announce the results for those who meet the requirements on the website of the Ministry of Education and Training;

c) Within 10 working days from the date of announcement of the accreditor’s test results, the test taker may appeal the results of his/her test to the Quality Control Department; the Accreditor’s Testing Council shall re-grade the test and announce the results on the website of the Ministry of Education and Training within 10 working days from the deadline for receiving the application for test appeal.

4. Step 4. Recognize the results

a) Within 10 working days from the date of publication of the test appeal results, the Accreditor’s Testing Council shall make a list of candidates who have met the requirements in the accreditor’s testing as prescribed at Point c, Clause 2 Article 10 of this Circular and request the Director of the Quality Control Department to issue a decision to recognize the list of the test takers who have passed the accreditor’s test;

b) The accreditor’s test results are not preserved for the next period.

Section 2. ISSUANCE AND REVOCATION OF ACCREDITOR’S CARDS

Article 13. Competence to issue and revoke accreditor’s card

The Director of the Quality Control Department has the authority to issue and revoke the accreditor’s card.

Article 14. Issuance of accreditor’s card

1. The accreditor’s card is issued to the person who is included in the decision on recognition of test taker who has passed the accreditor’s test as prescribed at Point a, Clause 4, Article 12 of this Circular.

2. Within 15 working days from the date of issuing the decision on recognition of test taker who has passed the accreditor’s test, the Director of the Quality Management Department shall issue the accreditor’s card according to the form in Appendix VI to this Circular.

3. The list of people who are granted accreditor’s cards is published on the portal of the Ministry of Education and Training, and it is also updated into the higher education quality assurance and accreditation system management software.

Article 15. Re-issuance of accreditor’s card

1. Cases of re-issuance of accreditor’s card: when the card is damaged or lost.

2. Procedures and application for re-issuance of the card

a) Accreditors wishing have their cards re-issued shall send such applications via the public postal service to the Ministry of Education and Training or directly at the Single-window division of the Ministry of Education and Training, and submit them online at the Public service portal of Ministry of Education and Training;

b) The application consists of an accreditor’s application form, stating the reason for the re-issuance, according to the form in Appendix VII to this Circular; accreditor’s card (in case the card is damaged);

c) Within 20 working days from the date of receipt of complete and valid application, the Director of Quality Control Department shall re-issue the card or notify in writing in case the card is not re-issued, clearly stating the reason.

Article 16. Revocation of accreditor’s card

1. The accreditor’s card shall be revoked when the card holder fails to satisfy the provisions of Point b, Clause 2, Article 5 of this Circular.

2. The accreditor’s card shall be revoked when the card holder violates one of the following cases:

a) Committing fraudulent acts to pass the accreditor’s test;

b) Intentionally giving untruthful results of education accreditation;

c) Violating one of the provisions in Clause 3, Article 5 of this Circular on prohibited acts applied to accreditors;

d) Lack of active legal capacity or limited active legal capacity; being convicted and the judgment has taken legal effect.

Chapter V

IMPLEMENTATION

Article 17. Responsibilities of the Quality Management Department

1. Perform the state management function over the professional training of accreditors and tasks related to accreditors.

2. Administer testing of accreditors, issue and revoke accreditors cards according to the provisions of this Circular. The Director of the Quality Management Department shall be held accountable to the Minister of Education and Training for the testing and the test results of the accreditors.

3. Organize the preservation and safe storage of applications and documents related to the testing of accreditors according to applicable regulations.

4. Inspect and supervise the activities of accreditors; when detecting signs of violation, it must report to the leadership of the Ministry of Education and Training for inspection and handling of violations according to regulations.

5. Publicize on the portal of the Ministry of Education and Training the list of people who are granted the accreditor’s cards and the list of accreditors who satisfy the provisions of Point b, Clause 2, Article 5 of this Circular.

6. Assume the prime responsibility for using software to manage the higher education quality assurance and accreditation system.

Article 18. Responsibilities of education accreditation organizations

1. Manage accreditors and evaluation results of accreditors recruited and used by the education accreditation organization according to the scope of the contract. Manage dossier of each accreditor including: curriculum vitae; copies of relevant diplomas and certificates; related contracts.

2. Formulate and promulgate internal regulations to assess accreditors in meeting the qualifications specified in Clauses 1, 2 and 3, Article 4 of this Circular and the performance of tasks, powers and responsibilities of accreditors, and prohibited acts applied to accreditors as prescribed in Clause 3, Article 5 of this Circular after each time an accreditor joins an external evaluation team with an education accreditation organization.

3. Hold refresher courses, improve capacity and professional skills for accreditors who register to work at education accreditation organizations so that accreditors can ensure the completion of assigned tasks for each position in the external evaluation team.

4. Settle citizens' complaints and petitions to accreditors when accreditors show signs of law violations in the course of performing their tasks, powers, responsibilities and prohibited acts applied to accreditors; report the settlement results and propose actions to be taken to the Quality Control Department as prescribed.

Article 19. Responsibilities of accreditor training facilities

1. Be held accountable to the Minister of Education and Training, superior agency (if any) and competent agencies for the professional training for accreditors as prescribed in Chapter III of this Circular.

2. Provide professional training for accreditors at the location where the facility has reported to the Quality Control Department as prescribed in Clauses 3 and 4, Article 8 of this Circular. Fully publicize information related to the professional training of accreditors on the facility's website.

3. Provide training to improve professional capacity and expertise for those who have obtained the certificate of professional training for accreditors to be able to become accreditors.

4. Keep records of professional training for accreditors according to given regulations.

5. Before December 31 of each year, the training facility shall send a report on assessment of the professional training results of the accreditors conducted in the year, the plan for providing the training for the next year, and proposals and recommendations according to the form in Appendix VIII attached to this Circular to Quality Management Department, Ministry of Education and Training.

Article 20. Responsibilities of training institutions

1. Appoint lecturers and administrator to participate in a professional training course for accreditors to effectively implement quality assurance activities at the training institution.

2. Report on the performance of tasks, powers and responsibilities of the accreditors and if accreditors commit prohibited acts as prescribed in Article 5 of this Circular on the system management software ensuring and accrediting the quality of higher education so that the Ministry of Education and Training has information to serve its management.

Article 21. Transitional provisions

1. For those who are studying the accreditor training program under the provisions of Circular No. 18/2013/TT-BGDDT dated May 14, 2013 of the Minister of Education and Training promulgating the training program for accreditors of higher education and professional secondary school (Circular No. 18/2013/TT-BGDDT), enrolling before the effective date of this Circular, they can continue to complete the course; at the same time, they may use the certificate of completion of the accreditor training program granted to replace the certificate specified at Point b, Clause 2, Article 11 when registering to participate in the accreditor’s test according to the provisions of this Circular.

2. Those who already have certificates of completion of the accreditor training program as prescribed in Circular No. 18/2013/TT-BGDDT may continue to use these certificates to replace the certificate specified at Point b, Clause 2, Article 11 when registering to participate in the accreditor’s test as prescribed in this Circular.

3. Any accreditor’s card issued or re-issued according to the provisions of Circular No. 60/2012/TT-BGDDT dated December 28, 2012 of the Minister of Education and Training on Regulations on education accreditors (Circular No. 60/ 2012/TT-BGDDT) that remains valid shall be used as an accreditor’s card specified in this Circular.

4. As for the director, deputy director and members of the education accreditation council of an education accreditation organization that is participating in education accreditation, the qualifications of accreditor shall keep applying Article 4 of the Regulation on education accreditors promulgated together with Circular No. 60/2012/TT-BGDDT within 12 months from the effective date of this Circular. .

Article 22. Entry in force

1. This Circular comes into force from November 25, 2022.

2. This Circular supersedes Circular No. 18/2013/TT-BGDDT dated May 14, 2013 of the Minister of Education and Training on the training program for accreditors for higher education and professional secondary schools, and annul regulations applicable to accreditors at professional secondary schools, colleges and universities in Circular No. 60/2012/TT-BGDDT dated December 28, 2012 of the Minister Education and Training on regulations on education accreditors.

3. Chief of Office, Director of Department of Quality Control, heads of relevant units affiliated to the Ministry of Education and Training, Presidents of People’s Committees in provinces and central-affiliated cities, Director of Department of Education and Training, Directors of national universities, regional universities and academies; Rectors of senior colleges; Principals of colleges with teacher training; Directors of education accreditation organizations and relevant organizations and individuals
shall implement this Circular./