Circular No. 01/2012/TT-BNV guiding Decision No. 51/2010/QĐ-TTg dated July 28, 2010 of the Prime Minister on the Regulation on management of organization for examination, honoring titles, and awarding prizes to entrepreneurs and enterprises.

CIRCULAR

Detailed Implementation Decree No. 51/2010/QD-TTg dated July 28, 2010 of the Government on the regulations for managing the organization of examination, honoring titles, and awarding prizes to business leaders and enterprises

The Government concerning the regulations for managing the organization of examination, honoring titles, and awarding prizes to business leaders and enterprises

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;

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Pursuant to Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing 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;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decision No. 51/2010/QD-TTg dated July 28, 2010 of the Prime Minister promulgating the Regulations on Managing the Organization of Examination, Honoring Titles, and Awarding Prizes to Business Leaders and Enterprises;

At the proposal of the Central Board for Competition and Rewards, the Ministry of Home Affairs issues this Circular detailing the implementation of Decision No. 51/2010/QD-TTg dated July 28, 2010 of the Prime Minister on the Regulations on Managing the Organization of Examination, Honoring Titles, and Awarding Prizes to Business Leaders and Enterprises as follows:

1. This Circular guides the implementation of certain provisions of the Regulations on Managing the Organization of Examination, Honoring Titles, and Awarding Prizes to Business Leaders and Enterprises issued together with Decision No. 51/2010/QD-TTg dated July 28, 2010 of

Article 1. Scope of Regulation

2. The awarding of national quality prizes shall be carried out in accordance with the laws on product and commodity quality and not in accordance with this Circular.

1. Agencies and units organizing the examination, honoring titles, and awarding prizes shall comply with Clause 1, Article 2 of the Regulations issued together with Decision No. 51/2010/QD-TTg.

Article 2. Applicability

2. The subjects eligible for examination, honoring titles, and awarding prizes shall comply with Clause 2, Article 2 of the Regulations issued together with Decision No. 51/2010/QD-TTg. In one year, a business leader or enterprise may only participate in one national-level title or prize. This title or prize shall not serve as grounds for calculating achievements in considering state-level reward forms.

Article 3. Prohibited Acts

Prohibited acts regarding the organization of examination, honoring titles, and awarding prizes shall be implemented according to Article 4 of the Regulations issued together with Decision No. 51/2010/QD-TTg. Units organizing the prize or related units shall implement the following:

1. Ministries, central-level mass organizations, provinces, and centrally-administered cities shall not delegate authority or assign to units without sufficient jurisdiction or without the necessary functions and tasks (subsidiary units, industry magazines, newspapers, or event organizing units...) to organize the examination, honoring titles, and awarding prizes.

2. During the ceremony for honoring titles and awarding prizes to business leaders and enterprises, when announcing the results for collective or individual prize winners, it is not allowed to simultaneously announce state-level reward forms without sufficient legal basis.

3. Radio and television agencies, central and local news agencies shall not carry out promotional activities for the organization of examination, honoring titles, and awarding prizes if the unit organizing the honors and awards has not been permitted by the competent authority.

3. Radio and television agencies, central and local press and news agencies shall not carry out any forms of propaganda for the organization of examination, honoring of titles, and awarding of prizes when the organizing units have not been permitted by competent authorities.

Article 4. Conditions for Participation of Businessmen and Enterprises

Businessmen and enterprises participating in the selection of titles and awards must comply with the provisions set out in Article 7 of the Regulation issued together with Decision No. 51/2010/QĐ-TTg and ensure the following conditions: - Have been operating since being authorized to establish the enterprise and registered for business for five years or more. - Achieve higher annual revenue and profit compared to the previous year; implement well policies and laws related to workers. - Implement well public order, social safety, and participate fully in movements initiated by local authorities where the enterprise is located.

Article 5. Documents and Procedures for Registration of Nationwide Organization

1. The documents and procedures for registering the organization to confer titles and awards nationwide include:

a) A report to the Prime Minister of the Central Ministries, Sectoral Agencies, and Mass Organizations: provinces and centrally-administered cities (two copies).

b) A proposal on organizing the conferment of titles and awards for businessmen and enterprises by Central Ministries, Sectoral Agencies, and Mass Organizations; provinces and centrally-administered cities (two copies). The content of the proposal shall be implemented according to Point b, Clause 1, Article 8 of the Regulation issued together with Decision No. 51/2010/QĐ-TTg and shall include the following specific contents:

- The content and name of the title and award must be consistent with the functions and tasks of the organizing unit as stipulated in Clause 1, Article 2 of the Regulation issued together with Decision No. 51/2010/QĐ-TTg.

- The content and name of the title and award must not overlap with other approved titles and awards. - The regulation on conferring titles and awards of Central Ministries, Sectoral Agencies, and Mass Organizations; provinces and centrally-administered cities must specify the criteria system and must be consistent with the name of the title and award.

- Specific regulations on the number, structure, and composition of the Organizing Committee and the Awarding Council, the head of the competent authority organizing the event (as stipulated in Clause 1, Article 2 of the Regulation issued together with Decision No. 51/2010/QĐ-TTg) decides to establish the Council and the Organizing Committee.

- Specific regulations on the number and structure of the awards and titles.

- Financial plan detailing sources of income, principles of income and expenditure, responsibilities for financial management and implementation.

- Commitment from the organizing unit that it will not charge any fees from participating businessmen and enterprises under any form. - Clearly state the time and location of the event.

2. Procedure:

a) The proposal for organizing the conferment of titles and awards by Central Ministries, Sectoral Agencies, and Mass Organizations; provinces and centrally-administered cities is submitted for approval.

b) Within thirty working days from the date of receipt of complete documents (calculated based on postmark), the Head of the National Competition and Reward Board shall submit for approval.

Article 6. Documents and Procedures for Provincial and Centrally-Administered City Level Organization

1. The documents for proposing the organization to confer titles and awards at the provincial and centrally-administered city level include:

a) A request document from the Departments and Agencies of the province or centrally-administered city regarding the organization of the conferment of titles and awards.

b) A proposal on organizing the conferment of titles and awards for businessmen and enterprises (two copies). The content of the proposal shall be implemented according to Point b, Clause 1, Article 8 of the Regulation issued together with Decision No. 51/2010/QĐ-TTg and shall include the following specific contents:

- The content and name of the title and award must not overlap with other approved titles and awards;

- The regulation on conferring titles and awards must ensure specific regulations on the criteria system. The content and nature of the criteria must be consistent with the specified title and award.

- Specific regulations on the structure and composition of the Organizing Committee and the Awarding Council.

- Specific regulations on the number and structure of the awards and titles.

- Financial plan detailing sources of income, principles of income and expenditure, responsibilities for financial management and implementation.

- Clearly state the time and location of the event.

2. Procedure:

a) The proposal for organizing the conferment of titles and awards by Departments and Agencies of the province or centrally-administered city is submitted to the Chairman of the People's Committee of the province or centrally-administered city through the Department of Home Affairs.

b) Within twenty working days from the date of receipt of complete documents (calculated based on postmark), the Department of Home Affairs shall review the documents and submit to the Chairman of the People's Committee of the province or centrally-administered city for decision.

3. The Chairman of the People's Committee of the province or centrally-administered city decides on the organization and is responsible for the organization of the conferment of titles and awards for businessmen and enterprises.

4. The decision on organizing the conferment of titles and awards by the Chairman of the People's Committee of the province or centrally-administered city is sent to the National Competition and Reward Board one copy for consolidation and reporting.

Article 7. Organization of examination, honoring titles, and awarding prizes

1. The organization of examination, honoring titles, and awarding prizes shall be carried out in accordance with the provisions set forth in Article 13 of the Regulation promulgated together with Decision No. 51/2010/QĐ-TTg.

2. Inviting leaders of the Party and State to attend the ceremony for honoring titles and awarding prizes shall be conducted in accordance with the provisions set forth in Clause 2 of Article 13 of the Regulation promulgated together with Decision No. 51/2010/QĐ-TTg. Central Ministries, sectors, mass organizations; provinces and centrally governed cities shall unify the list of invitations with the Central Board of Awards and Honors before organizing national-level awards.

Article 8. Handling Violations

1. Agencies and units violating Article 4 of the Regulation promulgated together with Decision No. 51/2010/QĐ-TTg and Clause 1, Clause 3 of Article 3 of this Circular shall be subject to handling in accordance with the provisions of the law.

2. Forms of handling violations

Depending on the level of violation by agencies and units organizing examination, honoring titles, and awarding prizes, they shall be handled according to the following forms:

- Warning;

- Imposing fines and recovering all funds raised from businesspeople and enterprises by the organizing unit;

- Annulment of examination results for titles and prizes and implementation of other provisions of the law.

3. Central Ministries, sectors, mass organizations; provinces and centrally governed cities have the responsibility to coordinate with the Ministry of Home Affairs (Central Board of Awards and Honors) to implement the handling of violations.

Article 9. State management over examination, honoring titles, and awarding prizes

1. State management over examination, honoring titles, and awarding prizes shall be carried out in accordance with the provisions set forth in Article 14 of the Regulation promulgated together with Decision No. 51/2010/QĐ-TTg.

2. Based on their functions and tasks, each year, central ministries, sectors, mass organizations; provinces and centrally governed cities shall develop plans to organize titles and prizes at their respective levels (if applicable). Based on these plans, the Ministry of Home Affairs (Central Board of Awards and Honors) shall be responsible for reviewing, compiling, and reporting.

Article 10. Implementation Organization

1. This Circular shall take effect 45 days from the date of issuance. Central ministries, sectors, mass organizations; provinces and centrally governed cities shall bear responsibility when organizing examination, honoring titles, and awarding prizes.

2. The Ministry of Home Affairs (Central Board of Awards and Honors) shall coordinate with central ministries, sectors, mass organizations; provinces and centrally governed cities to implement this Circular. During the implementation process, if there are difficulties, central ministries, sectors, mass organizations and provinces and centrally governed cities are requested to reflect them to the Ministry of Home Affairs (Central Board of Awards and Honors) for study and supplementation to ensure appropriateness.

During the implementation process, if there are difficulties, central ministries, sectors, mass organizations and provinces and centrally governed cities are requested to reflect them to the Ministry of Home Affairs (Central Board of Awards and Honors) for study and supplementation to ensure appropriateness./.