Circular No. 01/2007/TT-BCN guiding standards, procedures, formalities, and files for awarding the title of People's Artist and Outstanding Artist

 

CIRCULAR

GUIDELINES ON STANDARDS, PROCEDURES, PROCEDURAL REQUIREMENTS AND DOCUMENTATION FOR AWARDED THE TITLES OF PEOPLE'S ARTISAN AND OUTSTANDING ARTISAN

Pursuant to the Law on Competition and Rewards dated November 26, 2003, and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards dated June 14, 2005;

Pursuant to Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards;

After reaching consensus with the Central Steering Committee for Competition and Rewards;

The Ministry of Industry hereby provides guidelines on standards, procedures, procedural requirements and documentation for awarding the titles of People's Artisan and Outstanding Artisan as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) This Circular guides on standards, procedures, procedural requirements and documentation for awarding the titles of People's Artisan and Outstanding Artisan to Vietnamese citizens working in Vietnam's craft industries;

b) The titles of People's Artisan and Outstanding Artisan shall only be awarded once to each person, and there will be no posthumous awards;

c) Persons who have been disciplined with dismissal or criminally prosecuted shall not be eligible for the awarding of the titles of People's Artisan and Outstanding Artisan. In cases where such titles have already been awarded, they must be suspended or revoked.

2. Rights of persons awarded the titles of People's Artisan and Outstanding Artisan

a) Receiving the Certificate of Award from the President of the Socialist Republic of Vietnam and the monetary reward as stipulated in Clause 4, Article 71 of Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards;

b) Being able to organize direct vocational training and charge tuition fees from trainees based on mutual agreement in accordance with the law;

c) Participating in research activities, design, improvement of product models, creation of new products, and technological innovation to increase labor productivity, reduce costs, and diversify products;

d) Having their copyright and intellectual property rights protected by the State for products created in accordance with the laws on intellectual property.

II. STANDARDS FOR AWARDING

1. Standards for People's Artisan

The subjects proposed for the awarding of the title of People's Artisan must meet the following criteria:

a) Loyal to the Socialist Fatherland of Vietnam; having good moral qualities, being devoted to their profession, exemplary, truly serving as role models for others and colleagues to emulate;

b) Being recognized as an outstanding skilled worker by colleagues, having at least 20 years of experience in the profession; having been awarded the title of Outstanding Artisan for at least five years; possessing proficient technical skills and craftsmanship, designing and creating ten artistic models, and directly producing more than 20 works with economic, technical, and aesthetic value;

c) Having a wide influence within the industry and society:

- Achieving significant results in preserving, teaching, and developing the craft industry, training over 150 people;

- Continuing to maintain and enhance the influence of Outstanding Artisans. Being recognized as an outstanding representative of Outstanding Artisans, admired and respected by the public;

d) Winning national or international awards since receiving the title of Outstanding Artisan.

2. Standards for Outstanding Artisan

The subjects proposed for the awarding of the title of Outstanding Artisan must meet the following criteria:

a) Loyal to the Socialist Fatherland of Vietnam; having good moral qualities, being devoted to their profession, exemplary, truly serving as role models for others and colleagues to emulate;

b) Being recognized as a prominent skilled worker by colleagues, having at least 15 years of experience in the profession, possessing proficient technical skills and craftsmanship, designing and creating ten artistic models, and directly producing more than 15 works with economic, technical, and aesthetic value;

c) Having a wide influence within the industry and society:

- Achieving significant results in preserving, teaching, and developing the craft industry, training over 100 people;

- Being recognized as a prominent leader among Artisans, admired and respected by the public;

d) Having works of high artistic value that have won awards (gold or silver) at national or international exhibitions.

III. PROCEDURES AND REQUIREMENTS FOR AWARDING THE TITLES OF PEOPLE'S ARTISAN AND OUTSTANDING ARTISAN

1. Procedures for awarding the titles of People's Artisan and Outstanding Artisan

1.1. Artisans in the craft industry belonging to production and business units established under the Enterprise Law and the Cooperative Law shall register their application for the awarding of the titles of People's Artisan and Outstanding Artisan at their place of work.

In case artisans do not belong to any unit, they shall register with the People's Committee of the province or centrally governed city where they reside and work.

1.2. Artisans applying for the awarding of the titles of People's Artisan and Outstanding Artisan shall be reviewed through the following steps:

a) Review and propose the awarding of the titles of People's Artisan and Outstanding Artisan at the Council of the unit where they work;

b) Review and propose the awarding of the titles of People's Artisan and Outstanding Artisan at the Provincial Council;

c) Review and propose the awarding of the titles of People's Artisan and Outstanding Artisan at the National level, including:

- Specialized Councils.

- National Council.

2. Review Steps

2.1. The awarding of the titles of People's Artisan and Outstanding Artisan shall be conducted in three levels:

a) Production and business units established under the Enterprise Law and the Cooperative Law;

b) Provincial level (hereinafter referred to as provincial level);

c) National level.

2.2. The awarding of the titles of People's Artisan at the National level shall be conducted in two stages.

a) Stage 1: Awarding at specialized councils for the titles of Artisan;

b) Stage 2: Awarding the titles of Artisan at the National Council.

3. Composition of the Council for Awarding the Title of Folk Artist at all levels

3.1. The Council for Awarding the Title of Folk Artist at all levels shall consist of representatives from technical field experts, reputable managers with appropriate professional qualifications, and those who understand the technical field under the Council's review.

3.2. The Council for Awarding the Title of Folk Artist at all levels:

a) The unit-level Council shall comprise five to seven members, including:

- Head of the unit: Chairman

- Person responsible for the unit's Commendation and Reward work: Member

- Representative of the unit's Trade Union Executive Board: Member

- Person responsible for the unit's technical work: Member

- Representative of folk artists who have been awarded the title of National Folk Artist or Outstanding Folk Artist: Member

b) The provincial-level or centrally-administered city Council shall comprise eleven to thirteen members, including:

- Chairman of the People's Committee: Chairman

- Deputy Chairman of the People's Committee responsible for industry: Vice-Chairman

- Director of the Industry Department: Permanent Member

- Head of the Commendation and Reward Board: Member

- Specialist overseeing the industrial sector in the province: Member

- Representative of the Cooperative Alliance: Member

- Representative of craft associations and industries in the province: Member

- Representative of folk artists who have been awarded the title of National Folk Artist or Outstanding Folk Artist: Member

3.3. The heads of units authorized at point 3.2 (excluding specialized council and national-level council) shall decide on establishing the Council for Awarding the Title of Folk Artist within their management level.

3.4. The specialized Council for Awarding the Title of Folk Artist shall be established by the Minister of Industry in the fields of traditional handicraft production.

The specialized Council for Awarding the Title of Folk Artist shall comprise eleven to thirteen members, including members of the national-level Council for Awarding the Title of Folk Artist with expertise in the same field as the specialized council, National Folk Artists, Outstanding Folk Artists, and reputable managers with appropriate qualifications and understanding of the specialized field.

3.5. The national-level Council for Awarding the Titles of National Folk Artist and Outstanding Folk Artist shall be established by the Prime Minister upon the proposal of the Minister of Industry and the Head of the Central Commendation and Reward Board.

4. Principles for Review

4.1. Each member of the Council for Awarding the Title of Folk Artist shall be responsible for researching, reviewing, selecting, and voting on the list of National Folk Artists and Outstanding Folk Artists who meet the criteria.

4.2. The Councils for Awarding the Title of Folk Artist operate according to the following principles:

a) The meeting to evaluate and award the titles of National Folk Artist and Outstanding Folk Artist must have at least three-quarters of the Council members present, including the Chairman or Vice-Chairman of the Council.

b) The Council for Awarding the Title of Folk Artist evaluates based on secret ballot, ensuring accuracy, fairness, democracy, and objectivity. The person proposed for the title by the higher-level Council must receive at least three-quarters of the votes from the Council members.

c) The Council for Awarding the Title of Folk Artist only considers folk artists recommended by the lower-level Council for Awarding the Title of Folk Artist.

d) In cases where the application form is not filled out correctly, does not meet the requirements, or is submitted incomplete or late, the Council for Awarding the Title of Folk Artist at all levels will not consider them.

đ) Members of the Council for Awarding the Title of Folk Artist who are candidates for the title shall not participate in discussions or vote on themselves.

e) The Council for Awarding the Title of Folk Artist has the responsibility to publicly announce the results of the title awarding within the unit and its jurisdiction to solicit public opinion (the comment period shall not exceed seven days) before submitting the recommendation for the higher-level Council for Awarding the Title of Folk Artist.

5. Application Documents for Awarding the Title of Folk Artist

5.1. Application Documents of the Unit-Level Council

a) Personal file (seven copies each type);

b) Summary of individual achievements (with attached photo and confirmation from the unit or local authority) (Form 1);

c) Certificates of domestic and international awards (certified true copies);

d) Confirmation from the People's Committee of the commune regarding compliance with state policies and laws by the individual in their place of residence;

đ) Nomination ballot for the title of National Folk Artist and Outstanding Folk Artist (Form 2a): seven copies;

e) Minutes of the Council meeting for awarding the titles of National Folk Artist and Outstanding Folk Artist (Form 3a): seven copies;

g) Minutes of the trust vote tally (Form 3b): seven copies;

h) Report on the selection results of the Council for awarding the title of Folk Artist (Form 4): seven copies;

i) List of nominees for the title of National Folk Artist (Form 5a): seven copies;

k) List of nominees for the title of Outstanding Folk Artist (Form 5b): seven copies;

l) Decision on the establishment of the Council for awarding the title of Folk Artist: three copies.

5.2. Application Documents of the Provincial or Centrally-Administered City Council

a) Personal file for nomination for the title of Folk Artist: six copies;

b) Nomination ballot for the title of National Folk Artist and Outstanding Folk Artist (Form 2b): six copies;

c) Minutes of the Council meeting for awarding the titles of National Folk Artist and Outstanding Folk Artist (Form 3a): six copies;

d) Minutes of the trust vote tally (Form 3b): six copies;

đ) Report on the selection results of the Council for awarding the title of Folk Artist (Form 4): six copies;

e) List of nominees for the title of National Folk Artist (Form 5a): six copies;

g) List of nominees for the title of Outstanding Folk Artist (Form 5b): six copies;

h) Decision on the establishment of the Council for awarding the title of Folk Artist: three copies.

5.3. The specialized Council for Awarding the Title of Folk Artist shall base its review and evaluation of each folk artist on the standards for National Folk Artist and Outstanding Folk Artist, conduct a secret ballot (Form A1), prepare minutes of the vote tally (Form 3b), minutes of the Council meeting (Form 3a), report on the awarding results (Form 4), and compile lists of nominees for the title of Folk Artist (Forms 5a and 5b) to submit to the national-level Council for Awarding the Title of Folk Artist for consideration.

5.4. The dossier for nominating the title of Folk Artist at the national level includes:

a) A proposal letter from the provincial People's Committee or the municipal People's Committee under the central government to nominate the title of Folk Artist: 5 copies;

b) A report on the results of the selection process by the Provincial or Municipal Folk Artist Title Awarding Council: 5 copies;

c) A list of nominees for the title of National Folk Artist: 5 copies;

d) A list of nominees for the title of Outstanding Folk Artist: 5 copies;

đ) Minutes of the trust vote (attached with ballots): 5 copies;

e) Minutes of the meeting of the Folk Artist Title Awarding Council: 1 copy;

g) Decision establishing the Folk Artist Title Awarding Council: 1 copy;

h) Personal files of the nominated folk artists: 5 copies.

The working group assisting the national-level Folk Artist Title Awarding Council, decided by the Minister of Industry, is responsible for checking the validity of the dossier for nominating the titles of National Folk Artist and Outstanding Folk Artist.

6. Procedure for submitting the dossier

6.1. For localities:

a) The head of the production and business unit collects the dossier, compiles a list of individuals within the unit, and submits a request to the provincial or municipal People's Committee where the unit operates. Individual producers directly prepare the dossier and submit it to the provincial or municipal People's Committee where they reside or work.

b) The provincial or municipal Folk Artist Title Awarding Council sends the dossier to the national-level Folk Artist Title Awarding Council.

6.2. For the national-level Folk Artist Title Awarding Council:

Receiving dossiers from provinces and municipalities through the Ministry of Industry.

7. Organizing the awarding ceremony at the national level

7.1. The national-level Folk Artist Title Awarding Council proposes the Minister of Industry to establish specialized Folk Artist Title Awarding Councils to present the titles of National Folk Artist and Outstanding Folk Artist.

7.2. Based on the evaluation results of the specialized Folk Artist Title Awarding Councils and in comparison with the criteria for the titles of National Folk Artist and Outstanding Folk Artist, the national-level Folk Artist Title Awarding Council will review, assess, and vote on the trust, record the awarding minutes for each title of National Folk Artist and Outstanding Folk Artist, compile the results of the awarding of the Folk Artist title, and submit a list of nominees for the titles of National Folk Artist and Outstanding Folk Artist to the Prime Minister (through the Central Steering Committee for Encouragement and Reward) for consideration and recommendation for state recognition.

8. Time frame for presenting the titles of National Folk Artist and Outstanding Folk Artist

8.1. The titles of National Folk Artist and Outstanding Folk Artist are presented and announced every two years on National Day, September 2, starting from 2007.

8.2. The presentation of the Folk Artist title at the unit level must be completed and the dossier submitted before October 1 of the year preceding the nomination year.

8.3. The presentation of the Folk Artist title at the provincial or municipal level must be completed and the dossier submitted before December 31 of the year preceding the nomination year.

8.4. The presentation of the Folk Artist title at the specialized Folk Artist Title Awarding Councils and the national-level Folk Artist Title Awarding Council takes place from January to March of the nomination year.

8.5. The national-level Folk Artist Title Awarding Council announces the results of the presentation of the Folk Artist title on mass media from May 1 to May 10 of the nomination year and submits the results of the presentation of the Folk Artist title to the Prime Minister no later than the end of May of the nomination year.

9. Handling complaints

9.1. Organizations and individuals have the right to complain about the results of the presentation of the titles of National Folk Artist and Outstanding Folk Artist and violations of regulations, procedures, and processes for presenting these titles.

Complaint letters must clearly state the name, address, and be sent to the head of the agency that established the Folk Artist Title Awarding Council at the corresponding level;

9.2. The head of the agency that established the Folk Artist Title Awarding Council receives the complaint letter, is responsible for reviewing and responding to the complaint letter, and does not consider anonymous or false-name complaints without clear names and addresses.

IV. IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette, all previous provisions contrary to this Circular are abolished.

2. Localities (provinces, cities) are encouraged to commend the title of Folk Artist to those who directly produce (belonging to various economic sectors). Those who achieve the title of Folk Artist at the local level will be considered for the titles of National Folk Artist and Outstanding Folk Artist according to the above criteria.

3. Heads of agencies, organizations, and units proposing the titles of National Folk Artist and Outstanding Folk Artist are fully responsible for the accuracy of the nomination dossier and are responsible for handling complaints and accusations regarding the presentation of the titles of National Folk Artist and Outstanding Folk Artist in accordance with the law.

4. Individuals awarded the titles of National Folk Artist and Outstanding Folk Artist who violate the law and are sentenced to imprisonment by a court will have their titles revoked according to the law.

5. During implementation, if there are issues arising or difficulties, organizations and individuals should reflect them to the Ministry of Industry for timely review, amendment, and supplementation.