Circular No. 01/2016/TT-TTCP on the work of competition and commendation in the Inspection sector

CIRCULAR

Regulations on competition and rewards in the Inspection sector

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Based on the Law on Competition and Rewards dated November 26, 2003, the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2005, and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards dated November 16, 2013;

Based on 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; Decree No. 39/2012/NĐ-CP dated April 27, 2012 amending and supplementing certain provisions of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government; Decree No. 65/2014/NĐ-CP dated July 1, 2014 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2013;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Clause 1. The Commemorative Medal is awarded once to individuals meeting the conditions and criteria; it is not awarded to those who have already been awarded the Order "For the Cause of Inspection".

The General Inspector of the Government issues this Circular to regulate competition and reward activities in the Inspection sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the subjects; responsibilities, powers; conditions, criteria; procedures, formalities, files; management and utilization of the Competition and Reward Fund; inspection, handling of violations, and resolution of complaints and denunciations regarding the awarding of the Competition Flag of the Government Inspectorate and the Merit Certificate of the General Inspector of the Government.

Article 2. Applicability

1. Officials, civil servants, public officials, officers, non-commissioned officers, professional military personnel, and employees with at least one year of service working in state inspection agencies.
2. Departments, bureaus, units under the Government Inspectorate; Inspectors of ministries, ministerial-level agencies (hereinafter referred to as Inspectorates of ministries); Inspectors of provinces, centrally governed cities (hereinafter referred to as Inspectorates of provinces); Inspectorates of departments, sectors (hereinafter referred to as Inspectorates of departments); Inspectorates of districts, counties, towns, cities under provinces, centrally governed cities (hereinafter referred to as Inspectorates of counties).
3. Rooms and equivalent units under departments, bureaus, units under the Government Inspectorate; rooms and equivalent units under Inspectorates of ministries, Inspectorates of provinces.
4. Individuals and organizations outside the Inspection sector related to inspection work, with achievements and contributions to the construction and development of the Inspection sector.
5. Vietnamese individuals and organizations abroad, foreign individuals working in Vietnam or abroad with achievements contributing to the construction and development of the Inspection sector.

Article 3. Principles of Competition and Reward

Principles of competition and rewards shall be implemented according to Article 6 of the Law on Competition and Rewards dated November 26, 2003, and the following principles:

1. Ensuring objectivity, democracy, and substance.
2. The year for recommending rewards for the next time is counted from the year immediately following the year in which the achievement was recognized for the previous reward;
3. No consideration for rewards for groups or individuals who have not registered for competition.

Chapter II

RESPONSIBILITIES AND POWERS OF INDIVIDUALS AND ORGANIZATIONS IN COMPETITION AND REWARD ACTIVITIES
IN THE WORK OF CONTESTS, AWARDS, AND REWARDS

Article 4. The General Inspector of the Government

The General Inspector of the Government directs competition activities, launches competition movements; examines and decides on rewards for groups and individuals achieving outstanding results.

Article 5. The Competition and Reward Council of the Inspection Sector

1. The Competition and Reward Council of the Inspection Sector (hereinafter referred to as the Council) shall be established by the Inspector General of the Government to advise the Inspector General of the Government on competition and reward activities.
2. The Council operates according to the Regulation issued by the Inspector General of the Government and uses the seal of the Government Inspectorate.

Article 6. Competition Clusters and Groups in the Inspection Sector

Competition clusters and groups in the Inspection Sector (hereinafter referred to as the clusters and groups) shall be established by the Government Inspectorate following the guidelines of the Central Competition and Reward Board, in accordance with the characteristics of the Inspection Sector; they operate according to the Regulation issued by the Inspector General of the Government, including:

1. Clusters of inspection departments, bureaus, and units under the Government Inspectorate;
2. Clusters of inspection bodies of ministries, sectors, and central cities;
3. Clusters of inspection bodies of provinces and centrally-administered municipalities.

         Article 7. Responsibilities of Heads of Departments, Bureaus, and Units under the Government Inspectorate; Chief Inspectors of Ministries, Sectors, Provinces, and Centrally-Administered Municipalities Heads of departments, bureaus, and units under the Government Inspectorate; Chief Inspectors of ministries, sectors, provinces, and centrally-administered municipalities

The heads of departments, bureaus, and units under the Government Inspectorate; Chief Inspectors of ministries and Chief Inspectors of provinces are responsible for competition and reward work within their managed agencies and units; they examine and decide on rewards for individuals and groups within their authority; they propose the Government Inspectorate to reward groups and individuals who have achieved outstanding results in competitions launched by the Inspector General of the Government and those who have contributed to the construction and development of the Inspection Sector.

Article 8. Responsibilities of Groups and Individuals in the Inspection Sector

Groups and individuals in the Inspection Sector voluntarily participate in competitions, register for competitions, and are responsible for striving to excellently complete the registered competition content; they have the obligation to fully and promptly implement regulations on procedures, formalities, and deadlines for submitting reward application files; maintain and promote achievements already attained; continue to strive to achieve higher accolades and reward forms; properly preserve award items, not lend them out or allow others to misuse them to commit illegal acts.

Chapter III

THE COMPETITION FLAG OF THE GOVERNMENT INSPECTORATE,

THE AWARD CERTIFICATE OF THE INSPECTOR GENERAL OF THE GOVERNMENT

Article 9. The Competition Flag of the Government Inspectorate

The Competition Flag of the Government Inspectorate is an accolade awarded to inspection bodies of ministries, inspection bodies of provinces; departments, bureaus, and units under the Government Inspectorate that meet the following conditions and criteria:

1. The group eligible for the Competition Flag of the Government Inspectorate must be a model group that has excellently and comprehensively completed all tasks and competition targets in the competitions launched by the Government Inspectorate, with new factors and models for other groups in the Inspection Sector to emulate; internal unity, actively practicing thrift, anti-corruption, and anti-waste.
2. Recognized and honored by units within the same cluster or group as the leading unit in the cluster or group.

Article 10. The Award Certificate of the Inspector General of the Government

The Award Certificate of the Inspector General of the Government is a form of reward granted by the Inspector General of the Government to the subjects specified in Article 2 of this Circular.

Article 11. Conditions and criteria for awarding Certificates of Merit by the Government Inspector General to units and individuals under the Government Inspectorate

1. The Certificate of Merit by the Government Inspector General shall be awarded to units meeting the following criteria:

1. Being recognized as an "Outstanding Labor Unit" for two consecutive years;
2. Internal solidarity, effectively implementing democratic regulations at the grassroots level, organizing good competition movements; caring for the material and spiritual life of members within the unit; practicing thrift; fully implementing all systems and policies for every member of the unit;
3. Units under the Government Inspectorate must be evaluated and honored by other units within the same competition group; having new factors and models for other inspection units to learn from; internal solidarity, actively practicing thrift, fighting corruption and waste.

2. The Certificate of Merit by the Government Inspector General shall be awarded to individuals under the Government Inspectorate meeting the following criteria:

1. Individuals with outstanding achievements in competition movements, selected from those who have been assessed and recognized as completing their assigned tasks excellently for two consecutive years during the evaluation of civil servants, public officials, and employees;
2. During that period, having two initiatives recognized at the grassroots level or higher, or having research topics accepted upon completion.

Article 12. Conditions and criteria for awarding Certificates of Merit by the Government Inspector General to units of Ministry Inspectors, Provincial Inspectors; units and individuals under Ministry Inspectors, Provincial Inspectors; District Inspectors and individuals under District Inspectors

1. The Certificate of Merit by the Government Inspector General awarded according to this Article must meet the criteria set out in Point b Clause 1 Article 11 and have two consecutive years being recognized as an outstanding labor unit.

For units of Ministry Inspectors, Provincial Inspectors, they must be exemplary units, successfully completing tasks and competition targets initiated by the Government Inspectorate; evaluated and honored by other units within the same cluster or group; having new factors and models for other inspection units to learn from; internal solidarity, actively practicing thrift, fighting corruption and waste.

2. The Certificate of Merit by the Government Inspector General awarded to individuals as specified in this Article must meet the following criteria:

1. Outstanding achievements recognized in competition movements initiated by the Government Inspectorate;
2. Being recognized as completing tasks excellently for two consecutive years.

Article 13. Conditions for awarding Special Certificates of Merit by the Government Inspector General

The Special Certificate of Merit by the Government Inspector General is a form of special recognition for:

1. Individuals and units within the inspection sector with outstanding and excellent achievements.
2. Individuals and units outside the inspection sector related to inspection work, contributing significantly to the construction and development of the inspection sector.
3. Vietnamese individuals and units abroad, foreign individuals working in Vietnam or abroad who have contributed to the construction and development of the inspection sector.

Chapter IV

PROCEDURES, DOCUMENTS, AND REVIEW PROCESS FOR AWARDING RECOGNITION AND AWARDS
DECISION AND BESTOWAL OF COMPETITION FLAGS BY THE GOVERNMENT INSPECTORATE
CERTIFICATES OF MERIT BY THE GOVERNMENT INSPECTOR GENERAL

Article 14. Procedures and Documents for Proposing to Award the Flag of Excellence from the Government Inspectorate and the Certificate of Merit from the Chief Inspector General

1. The documents for proposing to award the Flag of Excellence from the Government Inspectorate and the Certificate of Merit from the Chief Inspector General (one set) include:

1. A proposal for commendation submitted by the Head of the Inspectorate of a ministry, the Head of the Inspectorate of a province; the Heads of departments, bureaus, and units under the Government Inspectorate;
2. Reports on achievements of the collective or individual proposed for commendation, confirmed by the Head of the immediate superior unit;
3. Minutes of meetings of the Competition and Commendation Council at the level of submission for commendation or minutes of competition assessment and commendation proposals of departments, bureaus, and units under the Government Inspectorate; minutes of meetings for competition assessment and commendation proposals of competition clusters or blocks (for collectives of the Ministry Inspectorate, Provincial Inspectorate, departments, bureaus, and units under the Government Inspectorate);
4. Opinions of the Ministry Leaders, agencies equivalent to ministries, provincial people's committees, and municipal people's committees directly under the central government regarding the Provincial Inspectorate, Ministry Inspectorate proposed for awarding the "Certificate of Merit from the Chief Inspector General"; "Flag of Excellence from the Government Inspectorate".

2. Documents for proposing extraordinary commendation (one set) include:

1. A proposal for commendation submitted by the Head of a department, bureau, or unit under the Government Inspectorate; the Head of the Inspectorate of a ministry, the Head of the Inspectorate of a province related to the individual or collective proposed for commendation.
2. Reports on achievements of the proposed individual or collective for commendation. For individuals or collectives within the Inspection sector, reports on achievements for commendation must be confirmed by the Head of the immediate superior unit.

Article 15. Time Limit for Submitting Commendation Proposal Documents

1. For proposals to award the Flag of Excellence from the Government Inspectorate and the Certificate of Merit from the Chief Inspector General, the time limit is as follows:

1. For the Ministry Inspectorate; Provincial Inspectorate; departments, bureaus, and units under the Government Inspectorate, submit documents before December 25 each year, except when the Government Inspectorate provides different instructions;
2. For competition clusters or blocks, submit before December 20 each year.

2. Documents for proposing extraordinary commendation of collectives and individuals should be sent immediately after achieving extraordinary results.

Article 16. Receiving and Managing Commendation Documents

1. The agency responsible for Competition and Commendation work under the Government Inspectorate has the responsibility to receive, manage, and transfer commendation documents to the Office of the Government Inspectorate according to the laws on record keeping.
2. Agencies and units within the Inspection sector have the responsibility to organize management and storage of commendation documents for individuals and collectives under their management. Decisions on competition and commendation of public service units under the Government Inspectorate must be sent to the Standing Committee of the Competition and Commendation Council of the Inspection sector within 15 days from the date of issuance.
3. Competition and commendation documents shall be stored on paper and electronically as prescribed.

Chapter V

FUND FOR COMPETITION AND REWARD

Article 17. Utilization of Competition and Commendation Funds

1. The Competition and Commendation Fund of the Government Inspectorate and public service units under the Government Inspectorate shall be implemented according to Circular No. 71/2011/TT-BTC dated May 24, 2011, issued by the Ministry of Finance, guiding the establishment, management, and utilization of the Competition and Commendation Fund according to Decree No. 42/2010/NĐ-CP dated April 15, 2010, issued by the Government detailing certain provisions of the Law on Competition and Commendation.
2. The Office of the Government Inspectorate is responsible for managing and disbursing the accompanying monetary rewards with the Flag of Excellence from the Government Inspectorate and the Certificate of Merit from the Chief Inspector General according to the decision of the Chief Inspector General.

Article 18. Principles for Awarding Prizes

1. The accompanying prize money with the Flag of Competition from the Government Inspectorate and the Certificate of Merit from the Chief Inspector General for groups and individuals under the authority of the Chief Inspector General to decide shall be funded from the Inspectorate's Competition and Commendation Fund.
2. For overseas Vietnamese, foreign groups, and individuals who are awarded Certificates of Merit by the Chief Inspector General, they will be given commemorative gifts equivalent in value to the prize money stipulated in Articles 71 and 75 of Decree No. 42/2010/NĐ-CP of the Government.

Chapter VI

INSPECTION, HANDLING OF VIOLATIONS, SETTLEMENT OF COMPLAINTS AND REPORTS

Article 19. Inspection of Competition and Commendation Work

1. The Standing Committee of the Competition and Commendation Council of the Inspectorate has the responsibility to assist the Competition and Commendation Council of the Inspectorate in inspecting competition and commendation work for units within the entire Inspectorate sector.
2. Heads of units have the responsibility to inspect competition and commendation work within their management authority.
3. Leaders of competition clusters and blocks have the responsibility to inspect and organize cross-inspections of the implementation of competition contents and criteria signed by units within the same cluster or block.

Article 20. Handling Violations Related to Competition and Commendation Work

Handling violations related to competition and commendation work shall be carried out in accordance with Article 96 of the Law on Competition and Commendation; Articles 80 and 81 of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government.

Article 21. Settlement of Complaints and Reports

The agency responsible for Competition and Commendation work at the Government Inspectorate has the responsibility to receive and coordinate with relevant Departments and Bureaus to advise the Chief Inspector General in settling complaints and reports regarding competition and commendation work in accordance with the law.

Chapter VII

IMPLEMENTATION

Article 22. Responsibilities for Implementation

The Competition and Commendation Council of the Inspectorate Sector; the Heads of Inspectors of Ministries, Sectors, Provinces, and Cities directly under the Central Government; Heads of Departments, Bureaus, and Units under the Government Inspectorate have the responsibility to implement this Circular.

Article 23. Information and Reporting System

Cluster and Block Leaders; Heads of Inspectors of Ministries, Sectors, Provinces, and Cities directly under the Central Government; Heads of Departments, Bureaus, and Units under the Government Inspectorate have the responsibility to submit the following documents to the Standing Committee of the Competition and Commendation Council of the Inspectorate Sector according to the specified deadlines:

1. Competition registration and competition agreements before March 25 each year;
2. Interim report before July 5 each year;
3. Final report before December 25 each year.

Article 24. Effective Date

1. This Circular takes effect 45 days from the date of issuance and replaces Circular No. 10/2011/TT-TTCP dated September 27, 2011 of the Chief Inspector General on Competition and Commendation Work in the Inspectorate Sector.

During the implementation process, if there are difficulties, relevant agencies, units, and individuals should reflect them back to the Government Inspectorate (through the Standing Committee of the Competition and Commendation Council of the Inspectorate Sector) for study, revision, supplementation, and completion./.