Can a retired civil servants and public employees be considered for invigilation or marking at a com

A civil servant, who previously worked at a Department, is retired. Can he now be considered for invigilation or marking a contest organized by the city/province level? What is the legal basis related to this issue? I hope that FDVN Lawyer (FDVN) can advise and reply to me soon. Thank you so much!

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

Regarding the exam at the city/province level, currently, there are a number of exams such as the National excellent student selection exam; High school entrance exam; High school graduation exam.

1. Regarding National Excellent Student Selection Exam

According to the provisions of Article 2, Circular 56/2011 / TT-BGDĐT on the Regulation on the National excellent student selection exam can be shown: “Director of Department of Education and Training…. refer to the National excellent student selection exam Regulation to specify the organization of the local grassroots-level excellent student selection exams."

Thus, for the National excellent student selection exam at the provincial level, the Director of the Department of Education and Training will refer to the National Excellent Student Selection Exam Regulation to regulate the organization of examinations for selecting excellent students at the local grassroots level.

Pursuant to Article 24 on Examination Council and Article 29 on Examination Council of National Excellent Student Selection Examination Regulation, issued under Circular 56/2011 / TT-BGDĐT:

“Article 24: Invigilation Council

2. Structure and composition of Invigilation Council:

a) Structure and composition of the Invigilation Council in the national excellent student selection exam:

- Chairman of the Council: the leader of the contest unit has no contestants at the Invigilation Council (hereinafter referred to as another contest unit);

- 02 Vice-Chairmen of the Council: the leader of the competition unit, or the department-level leader (or the equivalent) of the testing unit, or the high school principal. Among the 02 Vice-Chairmen of the Council, there is 01 Standing Vice Chairman who is the person of the examination unit where the Examination Board is located (hereinafter referred to as the local examination unit), the other Vice-Chairman is the person of the other contest unit;

- 02 secretaries: officials, specialists, lecturers, or teachers at the high school level of the examination unit. Of the two (02) clerks, there is one (01) person belonging to the local examination unit and one (01) person from another contest unit;

- Supervisors: cadres, specialists, lecturers, teachers of high school level of other contest units;

 Article 29. Marking Council

2. The structure and composition of the Marking Council:

a) Council Chairman: leader of Education Quality Assurance and Testing Department;

b) Council Vice Chairman: leader of Education Quality Assurance and Testing Department or leader of Secondary Education Department or Head of Testing Department, Department of Educational Testing and Evaluation;

c) Secretary: experts, staff of Education Quality Assurance and Testing Department;

d) Each exam subject has an examination team directly in charge of the team leader. The judges are scientific experts, researchers, specialists, university lecturers, good teachers of high school who fully satisfy the requirements specified in Clauses 2 and 3, Article 11 of the Regulation; In addition, the high school-level good teachers participating in the Marking Council must be on the payroll of the specialized high school and have no students taking the test at the year of the Marking Council;”

Thus, according to the above provisions, the members of the Invigilation and Marking Council are those who are currently working in education units, and no retired people can participate in the Invigilation and Marking. The National excellent student examination Regulation is the basis for the provinces to organize and set up the Council for Examination, Invigilation and Marking, so the conditions and standards are based on the above-mentioned Circular of the Ministry of Education and Training. Therefore, retired public servants and civil servants have no basis to participate in examination and evaluation members.

2. Regarding High School Entrance Exam

Under the provisions of Article 8 of the Regulations on secondary school enrollment, issued together with Circular 11/2014 / TT-BGDĐT on the Regulations on secondary school enrollment:

“Article 8. Admission Council

1. Composition

a) The Chairman is the principal or vice-principal;

b) The vice president is the vice-principal;

c) Secretary and some members.

2. The duties and powers of the Enrollment Council are determined by the Department of Education and Training.

3. To use the school's seal on council’s documents.”

In addition, refer to Official Letter No. 1402 / GDĐT-KTKĐCLGD dated May 18, 2020 of the Department of Education and Training of Ho Chi Minh City for guidance on the entrance exam for grade 10 for the 2020-2021 school year, the implementation work plan shows that: "The Department of Education and Training sends the demand for the number of teachers to be the staff who consider the invigilation to the educational institutions" and the Education Quality Assurance and Testing Laboratory is an application. taste performance.

According to the content in Official Letter No. 1524 / SGDĐT-QLT dated May 19, 2020 of the Department of Education and Training of Hanoi City on guidance on admission to grade 10 for the 2020-2021 school year, the Invigilation Organization section (Section IV, test score composition) shows that: “Invigilation officers: 50% are lower secondary school teachers; 50% are high school teachers.”

Thus, according to the Enrollment Regulations and instructions on enrollment implementation in Ho Chi Minh City and Hanoi City, the test scores, the Admission Council is established under the Decision of the Department of Education and Training. Members serving the exam are established by the Department of Education and Training, invigilation officers are considered teachers who are working at secondary schools. It is not involved retired cadres, civil servants or public employees of a Department.

3. Regarding High School Graduation Exam

Under the provisions of Point a, Clause 2 Article 8 Circular No. 15/2020/TT-BGDDT on the Regulation on high school graduation exam, An Exam Council includes:

“a) Composition of Exam Council: The Chairperson is the Director of the DET (or Deputy Director of the DET in special cases); Vice-Chairpersons are Deputy Directors of the DET and certain Specialized Managers of the DET; members are heads of certain divisions of the DET and headmasters of high schools, in which standing member is the leader of the division tasked with management of high school graduation exam of the DET (hereinafter referred to as exam management division);”

In addition, pursuant to Article 20 of Circular No. 15/2020/TT-BGDĐT on invigilation:

“Article 20. Invigilation Board

1. Composition: The manager: the head of Exam Council; Standing Deputy Manager: the head of DET, the head of exam management division of DET; other Deputy Managers: the head of DET, the heads of certain divisions of DET, and headmaster of high school; members and secretaries: heads, consultants of divisions affiliated to DET, heads and teachers of high schools.

3. The Director of DET shall, based on the number of registered candidates at the Exam Council, facilities, and staff, set up Exam Places in high schools and other educational institutions that meet the requirements for administration of the exam.

a) Composition: The Manager: the head of a high school; a Deputy Manager: the head or dean of a high school where the Exam Place is based, in charge of facilities; Deputy Managers: heads or dean of other high schools; secretary: Secretary of Council or a teacher of high school; invigilators: teachers of high school or lower secondary schools in the province; supervisors: teachers of high school: security guard, health workers, service staff: staff of the school where the Exam Place is based and police officers, military controllers;”

Moreover, pursuant to Clause 1 Article 26 of Circular No. 15/2020 / TT-BGDĐT, Written Paper Marking Board includes:

“a) The Manager of Written Paper Marking Board: the head of Exam Council; Deputy Managers of Written Paper Marking Board: heads of divisions of DET and high schools, in which, Standing Deputy Manager is the head of Exam Management Division or Lower Secondary School of DET;

b) A Deputy Manager whose field of expertise falls in the subject area of the written paper shall hold the position of Lead of Subject Marking;

c) Written Paper Marking Board shall have at least two Marking Teams under management of Lead of Subject Marking; each Marking Team shall have a Leader and examiners, who are officials, public employees, and teachers teaching the subject area of the written paper to be marked; members of Secretary Board and Script Header Removal Board are not allowed to mark papers;”

Parallelly, Clause 1, Article 28 of the above Circular, the Multiple-Choice Paper Marking Board includes:

“a) The Manager shall be the leader of the Exam Council;

b) Deputy Managers shall be heads of divisions of the DET and high schools:

c) Marking Team, composed of: Leader: the head of Multiple-Choice Paper Marking Board; other members: officials and public employees, and teachers under management of the DET and high schools;

d) Secretary Team, composed of: Leader: a Deputy Manager of Multiple-Choice Paper Marking Board; other members: officials and public employees, and teachers under management of the DET and high schools;

dd) Supervision Team, composed of: Leader: a Deputy Manager of Multiple-Choice Paper Marking Board; other members: officials and public employees, and teachers under management of the DET and high schools;”

Above is the advisory opinion of FDVN regarding your consultation request on the basis of researching legal provisions. Hopefully, the advice of FDVN will be useful to you.

Thus, according to the above-mentioned provisions, the members of the examination council, the invigilation council, and the marking council are all cadres, civil servants, officials, and teachers currently working in the Department of Education and Training and schools. Therefore, in the case of retired civil servants and public employees, they do not meet the conditions to investigate and mark the high school graduation exam.

Dinh Thi Thong

FDVN Law Firm

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