This Circular guides the implementation of Decree No. 42/2010/NĐ-CP on competition and rewards, including regulations on forms, subjects, criteria, and authority for granting competition titles and rewards. It applies to administrative state agencies, military units, enterprises, political-social organizations, and individuals working in these fields.
Đối tượng áp dụng
Administrative state agencies, military units, enterprises, political-social organizations, and individuals working in these fields.
Các điểm cốt lõi
- Continuous competition and periodic (or thematic) competition are defined with specific goals and targets; heads of agencies and units are responsible for initiating competition movements.
- The title "Advanced Worker," "Advanced Soldier," and "Advanced Soldier at the grassroots level" is recognized annually based on specific criteria; maternity leave and short-term study periods are still counted towards the assessment for these titles.
- Authority to decide on awarding competition titles: Heads of agencies and units; chairmen of provincial-level people's committees (districts, towns, cities under provinces) and equivalent positions;
- Orders and Medals are awarded to collectives and individuals who have made significant or outstanding contributions to national construction and defense, according to specific criteria; a period of five or ten years serves as a benchmark for recommending awards.
- Nomination files for awards must include achievement reports, confirmation from immediate superiors, and be submitted before June 30 each year (except for the education and training sector).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Creates motivation for workers, enhances the spirit of competition and rewards within agencies and units.
- Negative impact: May impose administrative procedural burdens and costs on agencies and units when implementing the process of awarding competition titles and rewards.
❓ Câu hỏi thường gặp
What responsibilities do heads of agencies and units have in organizing competition movements?
Heads of agencies and units are responsible for initiating and implementing competition movements and may not delegate this responsibility to individuals or other organizations.
How is the title "National Advanced Soldier" awarded?
This title is granted annually to individuals who have consecutively achieved the title "Advanced Soldier at the Ministry, Sector, Province, or Central Mass Organization Level" for two consecutive times, with a continuous six-year period of achieving the title "Advanced Soldier at the Grassroots Level."
Who has the authority to grant Orders and Medals?
Orders and Medals are awarded to collectives and individuals who have made significant or outstanding contributions to national construction and defense. Authority to decide: Prime Minister, President.
What must nomination files for awards include?
Nomination files for awards must include achievement reports, confirmation from immediate superiors, and be submitted before June 30 each year (except for the education and training sector).
What are the forms of rewards?
Forms of rewards include: certificates of merit, commendation letters, flags of competition, Orders, Medals, and Certificates of Merit from the Prime Minister.
Toàn văn
CIRCULAR
Guidelines for implementing Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Encouragement of Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement of Competition and Rewards.
Details of the Law on Encouragement of Competition and Rewards dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement of Competition and Rewards dated June 14, 2005.
_______________________________________
Pursuant to the Law on Encouragement of Competition and Rewards dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement of Competition and Rewards dated June 14, 2005;
Pursuant to the Law on Legislative Acts of 03 June 2008;
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 Encouragement of Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement of Competition and Rewards (hereinafter referred to as Decree No. 42/2010/NĐ-CP of the Government);
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;
At the request of the Chairman of the Central Steering Committee for Encouragement of Competition and Rewards, the Ministry of Home Affairs hereby issues detailed guidelines for implementing certain provisions of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government as follows:
I. ENCOURAGEMENT OF COMPETITION AND ACHIEVEMENTS IN ENCOURAGEMENT OF COMPETITION
1. Forms and contents of organizing competition movements
a) Article 6 of Decree No. 42/2010/NĐ-CP of the Government stipulates that encouragement of competition has two forms: regular encouragement of competition and encouragement of competition in phases (or thematic encouragement of competition).
Regular encouragement of competition is a form of encouragement of competition based on the functions and tasks assigned to individuals and collectives to organize and launch, aiming to perform daily, monthly, quarterly, and annual work well of agencies and units. The target of regular encouragement of competition is individuals within a collective, collectives within the same unit, or between units with similar functions, tasks, and nature of work.
Regular encouragement of competition must clearly define its purpose, requirements, goals, specific indicators, and be organized in blocks or clusters to sign competition agreements; implement the registration of competition agreements between individuals and collectives. At the end of the year's work, the head of the agency or unit launches the competition movement and conducts a summary and evaluation of competition achievements; only evaluate competition achievements for cases where there is a registered competition.
Encouragement of competition in phases (or thematic encouragement of competition) is a form of encouragement of competition aimed at performing key tasks well within a specified period or organizing competition to strive to complete the tasks of the agency or unit with specialized content to carry out difficult tasks or weak areas. Encouragement of competition in phases (or thematic encouragement of competition) is launched after clearly defining its purpose, requirements, indicators, and time frame.
Encouragement of competition in phases (thematic encouragement of competition) can be organized on a large scale (within a locality, an industry, or nationwide). When conducting summaries or final evaluations of phases or thematic competitions, mainly implement rewards from the initiating level (commendation letters, commendation certificates). In cases where phases or thematic competitions last five years or more, the initiating unit selects outstanding individuals and collectives to recommend the Prime Minister for Commendation Certificates. In cases of particularly outstanding achievements, recommend the President for Labor Medals (National Defense Medals) and mainly reward direct laborers and workers.
b) The organization of competition movements shall be carried out in accordance with Article 7 of Decree No. 42/2010/NĐ-CP of the Government. Setting competition targets must be feasible and advanced to encourage each individual and collective to strive to achieve them.
Emphasize propaganda and mobilization of participants and ensure spiritual and material conditions for organizing competition movements; while strengthening supervision during the implementation process, identifying new factors, building exemplary models, directing pilot projects to draw lessons.
Summaries of competition movements must accurately assess results, effects, shortcomings, and draw lessons from organizing competition movements; publicly select and evaluate competition achievements and rewards for outstanding individuals and collectives. Organize the promotion and dissemination of initiatives and experiences so that everyone can learn and replicate exemplary models.
c) Responsibilities of agencies, units, and individuals in organizing and launching competition movements shall be implemented in accordance with Articles 8 and 9 of Decree No. 42/2010/NĐ-CP of the Government. The heads of agencies and units are responsible for organizing and launching competition movements without delegating authority to other individuals or organizations.
2. Standards for competition achievements
a) "Advanced Worker" and "Advanced Soldier":
The title "Advanced Worker" and "Advanced Soldier" is awarded to individuals who are cadres, civil servants, public officials, workers, employees working in agencies, units, economic establishments; officers, non-commissioned officers, soldiers, professional military personnel, workers under the People's Army and People's Public Security Forces meeting the standards set forth in Clause 1 and Clause 2 of Article 24 of the Law on Encouragement of Competition and Rewards. Each year, it is reviewed once during the annual work summary of the agency or unit.
Female workers on maternity leave according to state regulations and those who have performed brave acts to save people or property, or those injured in combat or service and require medical treatment according to the conclusion of health authorities, their leave time will still be counted towards consideration for the titles of "Advanced Worker" and "Advanced Soldier".
Individuals attending short-term training courses under one year, if achieving good grades or above and complying with the rules of the training institution, may combine their work time at the agency or unit to evaluate for the titles of "Advanced Worker" and "Advanced Soldier". For those attending training courses of one year or longer with good academic performance, they will be considered equivalent to the titles of "Advanced Worker" and "Advanced Soldier" for the purpose of awarding competition achievements and other forms of recognition.
For individuals transferred to a new workplace, the new unit shall be responsible for considering and nominating the title "Advanced Worker" or "Advanced Soldier" based on the comments from the previous unit (in cases where the individual has worked at the previous unit for six months or more).
The titles "Advanced Worker" and "Advanced Soldier" shall not be granted to individuals who have not registered for competition; those newly hired for less than ten months; those absent from work for forty working days or more; those subject to administrative penalties; or those disciplined with a warning or higher.
b) The title "Model Soldier at the Grassroots Level":
The title "Model Soldier at the Grassroots Level" is awarded annually during the year-end summary of the agency or unit's operations to individuals meeting both criteria specified in Clause 1 and Clause 2 of Article 13 of Decree No. 42/2010/ND-CP of the Government.
"Model Soldiers at the Grassroots Level" are outstanding individuals selected from those who have received the titles "Advanced Worker" and "Advanced Soldier"; such individuals must necessarily have technical improvement initiatives, work solutions, research topics, application of new science and technology, or bravery and creativity in combat or service support to enhance labor productivity and work efficiency of the agency or unit.
Establish a grassroots-level initiative council to review and recognize grassroots-level initiatives, solutions, and research topics. The council is established by the head of the agency or unit authorized to grant the title "Model Soldier at the Grassroots Level." The council members should have professional management expertise, technical knowledge, and the ability to evaluate and appraise technical improvements or work solutions and research topics related to the management and implementation of tasks within the agency or unit.
c) The titles "Model Soldier at the Ministry, Sector, Provincial, and Central Mass Organization Level" and "National Model Soldier," are granted regularly each year to individuals meeting the standards set forth in Articles 14 and 15 of Decree No. 42/2010/ND-CP of the Government.
"National Model Soldier" refers to individuals with outstanding achievements, selected from those who have consecutively received the title "Model Soldier at the Ministry, Sector, Provincial, and Central Mass Organization Level" twice (such individuals must have consecutively received the title "Model Soldier at the Grassroots Level" for six years).
Example: Mr. Nguyen Van A received the title "Model Soldier at the Grassroots Level" in 2004, 2005, and 2006, and was eligible for the first award of the title "Model Soldier at the Ministry, Sector, Provincial, and Central Mass Organization Level" upon completion of 2006 (the recognition decision was made in 2007); subsequently, he received the title "Model Soldier at the Grassroots Level" again in 2007, 2008, and 2009, and was eligible for the second award of the title "Model Soldier at the Ministry, Sector, Provincial, and Central Mass Organization Level" upon completion of 2009 (the recognition decision was made in 2010); the latest date for proposing the award of the title "National Model Soldier" to Mr. Nguyen Van A is no later than June 1, 2011.
Establish a scientific and initiative council at the Ministry, Sector, Provincial, and Central Mass Organization level to review and recognize initiatives, work solutions, and research topics at the Ministry, Sector, Provincial, and Central Mass Organization level when granting the title "Model Soldier at the Ministry, Sector, Provincial, and Central Mass Organization Level" and recommending the Prime Minister to confer the title "National Model Soldier." The establishment and composition of the council are decided by the Ministry, Sector, Province, and Central Mass Organization.
The selection and promotion of model soldier titles must ensure exemplary excellence, avoiding widespread distribution; based on the actual situation each year, the Ministries, Sectors, Provinces, and Central Mass Organizations shall determine the percentage of model soldier titles at various levels within their authority to grant.
d) "Flag of Excellence at the Ministry, Sector, Provincial, and Central Mass Organization Level," "Flag of Excellence of the Government" are granted annually to collectives meeting the standards specified in Article 25 and Article 26 of the Law on Competition and Rewards and Article 16 of Decree No. 42/2010/ND-CP of the Government.
- "Flag of Excellence at the Ministry, Sector, Provincial, and Central Mass Organization Level" is awarded to outstanding collectives that have excellently and comprehensively completed their assigned tasks and been recognized as leading units in the competition groups of the Ministry, Sector, Province, and Central Mass Organization.
- "Flag of Excellence of the Government" is awarded to outstanding collectives selected from among those already awarded the "Flag of Excellence at the Ministry, Sector, Provincial, and Central Mass Organization Level" (the number of recommendations for the "Flag of Excellence of the Government" does not exceed 20% of the total number of collectives awarded the "Flag of Excellence at the Ministry, Sector, Provincial, and Central Mass Organization Level") and to outstanding collectives recognized annually by the competition groups (organized by the Central Competition and Reward Council).
Example: Province A had fifteen collectives awarded the Flag of Excellence of the Province at the end of 2010; from these fifteen collectives, three (20%) were chosen as the most outstanding to be recommended for the "Flag of Excellence of the Government."
đ) The titles "Advanced Labor Collective," "Advanced Unit," "Outstanding Labor Collective," "Victory Unit":
The titles "Advanced Labor Collective," "Advanced Unit," "Outstanding Labor Collective," "Victory Unit" are awarded annually during the year-end summary of the agency or unit's operations.
- Advanced Labor Collective, Advanced Unit refers to outstanding collectives selected from those completing their tasks and meeting the criteria specified in Clause 1 and Clause 2 of Article 28 of the Law on Competition and Rewards.
- Outstanding Labor Collective, Victory Unit refers to outstanding collectives selected from those holding the titles "Advanced Labor Collective" and "Advanced Unit" and meeting the criteria specified in Clause 1 and Clause 2 of Article 27 of the Law on Competition and Rewards. Such collectives must include individuals who have received the title "Model Soldier at the Grassroots Level" and must not have any individuals disciplined with a warning or higher, or transferred to another position with a lower salary for up to six months (if they fall under the scope regulated by the Labor Code).
The titles "Outstanding Labor Collective" and "Victory Unit" are awarded to the following entities:
- For production and business units including limited liability companies, joint-stock companies, joint ventures... (excluding economic groups and state-owned corporations) and subordinate units such as factories, departments, workshops;
- For the Ministry level (central ministries, sectors, mass organizations): to consider awarding to departments, bureaus, offices under their jurisdiction and equivalent units;
- For provincial level: to consider awarding to offices, bureaus and equivalent units under provincial departments, sectors, mass organizations and equivalent units;
- For district level: to consider awarding to offices, bureaus and equivalent units; subordinate units at the district level, People's Committees of communes (towns, wards);
- For public service units: to consider awarding to units such as schools, hospitals and equivalent units; subordinate units such as departments, offices;
- For armed forces: regulations on considering and awarding shall be stipulated by the Ministry of National Defense and the Ministry of Public Security after consultation with the Central Steering Committee for Mobilization and Reward;
e) The title "Civilized Family", "Civilized Village, Hamlet, Commune, Ward" and equivalents shall be considered and awarded once a year at the end of the year to eligible subjects as prescribed in Articles 29 and 30 of the Law on Mobilization and Reward. The Chairman of the People's Committee at the commune level shall organize the assessment and awarding of the title "Civilized Family" and select outstanding families among those achieving the title "Civilized Family" to be rewarded with money according to point c, Clause 2, Article 71 of Decree No. 42/2010/ND-CP of the Government;
3. Authority to consider and decide on recognizing commendation titles
a) The authority to decide on awarding commendation titles shall be implemented according to Articles 78, 79, and 80 of the Law on Mobilization and Reward;
b) The authority to decide on awarding the titles "Advanced Worker", "Advanced Soldier", "Advanced Worker at the Grassroots Level", "Advanced Working Collective", "Advanced Unit"; shall be carried out as follows:
- For cadres, civil servants, employees, workers working in agencies and units (including administrative agencies at all levels; public service units: schools, hospitals...) the titles "Advanced Worker", "Advanced Worker at the Grassroots Level", "Advanced Working Collective" shall be awarded by the heads of agencies and units; Chairmen of District People's Committees (districts, towns, provincial cities), Directors of Departments, Sectors at the provincial level and equivalent units according to their authority to award;
- For officers, non-commissioned officers, soldiers, professional military personnel, workers belonging to the People's Army and the People's Public Security Force, the process of considering and awarding the titles "Advanced Soldier", "Advanced Worker at the Grassroots Level", "Advanced Unit" shall be guided by the Ministry of National Defense and the Ministry of Public Security after consultation with the Central Steering Committee for Mobilization and Reward;
- For individuals, units, organizations under the management of central ministries, sectors, mass organizations with legal personality, bank accounts, and separate seals (research institutes, general administrations, bureaus, publishing houses, magazines, training institutions...) the titles "Advanced Worker", "Advanced Working Collective", "Advanced Soldier", "Advanced Worker at the Grassroots Level" shall be considered and awarded by the heads of these units. For units and organizations without legal personality, they shall be considered and awarded by the immediate superior head;
- For workers and worker collectives working in cooperatives and in agricultural, small-scale industrial, transportation, service, trade industries, meeting the standards prescribed in Clause 2, Article 12 of Decree No. 42/2010/ND-CP of the Government, shall be considered for the titles "Advanced Worker", "Advanced Working Collective", "Advanced Worker at the Grassroots Level". The heads of agencies and units directly managing these subjects shall consider and decide to award the title "Advanced Worker" and propose to the Chairman of the District People's Committee (districts, towns, provincial cities) to consider and award the titles "Advanced Worker at the Grassroots Level", "Advanced Working Collective";
- For independent operating enterprises such as limited liability companies, joint-stock companies, foreign joint ventures... the titles "Advanced Worker", "Advanced Working Collective" shall be considered and awarded by the enterprise directors. The Chairman of the District People's Committee (districts, towns, provincial cities) where the enterprise has its headquarters may consider and award or delegate the enterprise director to consider and award the title "Advanced Worker at the Grassroots Level". For enterprises that are members of economic groups or state-owned corporations (or equivalent), the directors of member enterprises shall consider and award the titles "Advanced Worker", "Advanced Working Collective" and "Advanced Worker at the Grassroots Level";
- For newly established agencies, units, and enterprises must have been operational for at least one year (12 months) before being eligible for assessment for the titles "Advanced Working Collective", "Advanced Unit", "Excellent Working Collective", "Victory Unit";
4. Model certificates recognizing commendation titles
The model Certificate recognizing the titles "Advanced Worker at the Ministry, Sector, Provincial Level, Central Mass Organizations"; "Advanced Worker at the Grassroots Level", "Advanced Worker", "Advanced Soldier"; "Advanced Working Collective", "Excellent Working Collective", "Advanced Unit", "Victory Unit"; "Civilized Village, Hamlet, Commune, Ward", "Civilized Family" shall be implemented according to Model No. 9, 10 attached to this Circular;
II. FORMS, OBJECTS, STANDARDS FOR AWARDING NATIONAL MEDALS, BADGES, HONOROUS TITLES OF THE STATE, AWARDS OF THE PRIME MINISTER, AWARDS AT THE MINISTRY, SECTOR, PROVINCIAL LEVEL, CENTRAL MASS ORGANIZATIONS
1. Forms, objects of reward
a) Regular rewards are forms of reward conducted annually for collectives and individuals who have achieved outstanding achievements after completing annual or multi-year plans;
b) Periodic rewards (or thematic rewards) are forms of reward for collectives and individuals who have achieved outstanding achievements after completing a period of mobilization, program, or thematic work launched by the President, Prime Minister, Ministers, Chairmen of People's Committees at all levels, and heads of agencies and units.
c) Unexpected commendation is a form of commendation given to groups and individuals who have achieved outstanding achievements, in combat or serving combat; courageously saving people and property of the people and the state (outstanding achievements are achievements established in unforeseen circumstances, occurring outside the normal work plan that the group or individual must undertake).
d) Commendation for dedication over a period is a form of commendation given to individuals who have participated in various stages of the revolution (holding leadership positions in state agencies, public institutions, political organizations, socio-political organizations) with outstanding contributions to the revolutionary cause of the Party and the nation.
For individuals in leadership and management roles, in addition to the form of commendation for long-term dedication, during their career they can still be considered and recommended for regular commendations and other forms of commendation if they meet the conditions and criteria specified.
đ) Commendation according to years of service is a form of commendation given to individuals belonging to the People's Army and People's Public Security forces who have achieved results and have served a certain period of time in building the armed forces.
e) Foreign commendation is a form of commendation given to groups and individuals from foreign countries who have made outstanding achievements and contributions to the construction and defense of Vietnam across various fields: politics, economy, culture-society, national security-defense.
g) The granting of Orders, Medals, and Certificates of Merit must ensure the conditions for each specific form of commendation:
- "Golden Star Order" and "Ho Chi Minh Order" are the highest Orders awarded to large-scale groups, or individuals with great and particularly outstanding contributions to the revolutionary cause of the Party and the nation.
The subject is large-scale groups and groups with special functions as stipulated in Clause 3 Article 20 and Clause 2 Article 21 of Decree No. 42/2010/NĐ-CP of the Government.
For General Departments under Ministries and equivalent organizations are subordinate units of Ministries with large organizational scale, functions, tasks, and structure defined by the Prime Minister or delegated by the Prime Minister to the Minister or Head of a ministry-level agency or government-affiliated agency to define.
Groups with special functions are those in the fields of national defense, public security, science and technology, and some areas with special missions defined by the Government or the Prime Minister, with the mission to operate secretly to ensure political security, social order and safety, and economic and social development of the country.
- "Independence Order" is awarded to groups and individuals, or posthumously to individuals, with outstanding achievements contributing to the construction and defense of the country.
- "Military Service Order" is mainly awarded to groups and individuals (or posthumously to individuals) who have achieved outstanding military feats in combat, serving combat, training, building forces, consolidating the whole people's national defense and public security, setting a bright example in the people's armed forces. The recipients are individuals and groups at battalion level and above within the military and public security forces.
- "Labor Order" is awarded to groups and individuals (or posthumously to individuals) with outstanding achievements in creative labor for national construction (including groups and individuals in the people's armed forces working in production, scientific research, teaching, cultural-social activities, foreign affairs...).
- "National Defense Order" is awarded to groups and individuals (or posthumously to individuals) with achievements in training, building forces, consolidating the whole people's national defense and public security.
- "Combat Order" is awarded to groups and individuals (or posthumously to individuals) meeting the standards set out in Articles 34, 35, and 36 of Decree No. 42/2010/NĐ-CP of the Government.
- "Great Unity Order" is awarded (or posthumously) to individuals with outstanding achievements in the cause of building the great unity of the entire people. Individuals specified in Clause 2 Article 37 of Decree No. 42/2010/NĐ-CP of the Government, if already awarded or posthumously awarded Orders according to the provisions in Clause 2 Article 20, Clause 1 of Articles 21, 22, 23, 24, 28, 29, 30 of Decree No. 42/2010/NĐ-CP of the Government, shall not be considered for (or posthumously) "Great Unity Order".
- "Bravery Order" is awarded (or posthumously) to individuals who have shown bravery in fighting crime; preventing corruption; saving people and state property.
- "Friendship Order" and "Friendship Medal" are awarded to groups and individuals (or posthumously to individuals) from foreign countries who have worked in Vietnam or abroad and have made contributions to the construction and defense of Vietnam.
2. Regarding commendation criteria
a) The commendation criteria in the Law on Competition and Commendation and Decree No. 42/2010/NĐ-CP of the Government must be applied appropriately to each level and type of achievement corresponding to the results achieved in the competition movement, corresponding to the degree of contribution and dedication to the common cause of the country, the Ministry, or the locality; the more achievements obtained, the greater the contribution, the wider the impact, the higher the level of commendation; it is not necessary to follow a sequential order from lower to higher levels of commendation; previous commendation achievements should not be accumulated to increase the level of subsequent commendation; there is no necessity for the next commendation to be higher than the previous one.
b) For "Golden Star Order" and "Ho Chi Minh Order", which are the highest Orders, the conditions and criteria for commendation must reflect a long-standing tradition and significant contributions to the revolutionary cause of building and defending the country.
c) Implementing Point c Clause 3 Article 20 and Point c Clause 2 Articles from 21 to 27 of Decree No. 42/2010/NĐ-CP of the Government as follows:
- Prescribe a period of five years or ten years as a time reference for proposing awards for subsequent occasions: this period is calculated from the date of recognizing the results of the previous award to the time of proposing the next award, which must be at least five years or ten years.
- Specify the number of "Flags of Excellence" from the Government or "Certificates of Merit" from the Prime Minister when considering awards: this number is based on the times the collective has been awarded "Flags of Excellence" from the Government or "Certificates of Merit" from the Prime Minister.
Example: As stipulated in point c, Clause 3, Article 20 of Decree No. 42/2010/NĐ-CP of the Government regarding the awarding of the Golden Star Order; "Achieving outstanding achievements continuously for ten years before the proposal time, during which time five times received the 'Flag of Excellence from the Government' or 'Certificate of Merit from the Prime Minister', specifically: For ten years before the proposal time, outstanding achievements must be continuously achieved; during that time, five times received the 'Flag of Excellence from the Government' (or five times including both 'Flag of Excellence from the Government' and 'Certificate of Merit from the Prime Minister')."
- Collectives not within the scope of consideration for excellence flags or the title "Outstanding Labor Collective", annually when considering proposals for granting "Certificates of Merit from the Prime Minister", "Orders of various types" as prescribed in Clause 2, Article 71; Point a, Clause 3, Articles 42, 45, Clause 2 of Articles 43, 44, 46, 47 of the Law on Encouragement and Reward shall base their assessment on the achievements of directly subordinate units, specifically: during the period of assessment for rewards (for example, five years), each year there must be two-thirds or more of directly subordinate units achieving the titles "Advanced Collective" or "Advanced Unit" and the collective must meet the reward forms as prescribed.
- As stipulated in Clause 20, Article 53 of Decree No. 42/2010/NĐ-CP of the Government, in one year, it is not allowed to propose two state-level reward forms for one individual (except for exceptional rewards); state-level reward forms include: "Certificates of Merit from the Prime Minister", Orders of various types, the title "National Model Worker", and the title Hero.
d) Regarding the criteria calculation method for the subject "Having a long-term dedication in agencies, organizations, and mass organizations" as prescribed in Clause 2, Article 20; Clause 1 of Articles 21, 22, 23, 24; Clause 3 of Articles 28, 29, 30 of Decree No. 42/2010/NĐ-CP of the Government, it is implemented as follows:
- Individuals with a long-term dedication in agencies, organizations, and mass organizations must have worked in these agencies, organizations, and mass organizations, holding leadership positions appointed by the State or elected positions as prescribed in Decree No. 42/2010/NĐ-CP of the Government, specifically including:
+ Individuals participating in revolutionary activities before 1945 are those who began participating in revolutionary activities from December 31, 1944, or earlier, or individuals admitted to the Party before August 19, 1945, recognized by competent authorities.
+ Individuals recognized as pre-revolutionary cadres are those who participated in revolutionary activities from January 1, 1945, to August 19, 1945, recognized by competent authorities.
+ Individuals participating continuously in two anti-French and anti-American resistance wars are those who had continuous working periods from August 19, 1945, to April 30, 1975.
+ Individuals participating in the anti-French resistance period are those who had continuous working periods from August 19, 1945, to July 20, 1954.
+ Individuals participating in the anti-American resistance period are those who participated in continuous work from July 20, 1954, to April 30, 1975.
+ Individuals participating in the period of building and defending the country are those who participated in work from after April 30, 1975, to the present.
- Implement the assessment of achievements for rewards for individuals with long-term dedication as mentioned above when they complete their tasks well, reach retirement age, or retire without having been rewarded for their dedication process (including cases of sacrifice or death), specifically: implement for deceased individuals, retirees, and those with retirement notification decisions; individuals approaching retirement age but with remaining years of service insufficient to propose higher-level rewards should be proposed for rewards before retirement (the proposal time for rewards should not exceed two years from the retirement time).
đ) Regarding the calculation of the duration of holding positions (reflecting the dedication process) is unified as follows:
- In cases where an individual has held high positions for a certain period but does not meet the required duration to be eligible for rewards according to the standards prescribed for such positions, the time spent in lower positions immediately preceding can be added to calculate the reward standard according to the immediately preceding lower position.
Example: Mr. Nguyen Van A started working in 1960, during which he held the position of Deputy Secretary of the Provincial Party Committee for ten years and five years as Secretary of the Provincial Party Committee (if assessed based on the Deputy Secretary position, it meets the criteria for rewarding the Third-Class Independence Order (according to point c, Clause 1, Article 24 of Decree No. 42/2010/NĐ-CP of the Government); if assessed based on the Secretary position (five years), it also meets the criteria for rewarding the Third-Class Independence Order (according to point c, Clause 1, Article 24 of Decree No. 42/2010/NĐ-CP of the Government); in this case, the five-year tenure as Secretary of the Provincial Party Committee is combined with the ten-year tenure as Deputy Secretary of the Provincial Party Committee to total fifteen years, meeting the criteria for rewarding the Second-Class Independence Order for Mr. Nguyen Van A while holding the position of Secretary of the Provincial Party Committee.
- Individuals holding multiple positions simultaneously during the same period shall be assessed based on the highest position for reward criteria.
e) Regarding the condition "no major shortcomings," it is applied as follows:
- Do not grant awards to individuals who have been expelled from the Party, dismissed from employment, discharged from military service, stripped of military rank, or convicted by a court. For cadres expelled from the Party who subsequently corrected their shortcomings, made efforts, and were readmitted to the Party, if they meet the prescribed criteria, they may continue to be considered for awards.
- Reduce one level of commendation for individuals who have been disciplined with probation from the Party, expulsion from the Party, and then readmitted, and those who have been dismissed from office, demoted, downgraded in rank, or given a warning. The form of disciplinary action against an individual shall only be considered once for a particular commendation (subsequent commendations shall not be based on the previous disciplinary form).
- Do not consider commendation for cases currently under disciplinary action or being reviewed for disciplinary action.
g) If during their term of office, an individual is sent to study for more than six months and upon returning continues to hold the same position or is appointed to a higher position, the time spent studying will be counted towards the time held in the previous position before studying; if upon returning they hold a lower position or no position at all, the time spent studying will not be counted towards the previous position for the purpose of considering commendation.
h) For cadres who have retired, where the unit has since been dissolved or merged, the unit assuming the responsibilities of that agency shall be responsible for reviewing and recommending.
- For individuals who have retired (or died, passed away), the personnel management agency prior to retirement (or death, passing away) shall review and complete the commendation application file and submit it to the competent authority for approval according to regulations.
i) In cases managed by the Politburo, Secretariat of the Central Committee of the Communist Party (including retired cadres, deceased cadres) working in central agencies, mass organizations, or localities, based on the party member's file (or personnel management file if not a party member) regarding work history and achievements, the agency responsible for competition and commendation shall cooperate with the Provincial Party Organization Department, City Party Organization Department, or the Personnel Department of the Ministry, sector, or mass organization to establish files for eligible cases, report to the Party Committee for review and confirmation of contributions, forms of commendation, and disciplinary actions (if any); on this basis, the Minister, head of a ministry-level agency, head of a government-affiliated agency, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, State Auditor General, heads of central sectors, mass organizations, Chairmen of provincial People's Committees, and municipal People's Committees directly under the Central Government shall submit to the Prime Minister. Soliciting opinions from the Central Organization Department or reporting to the Government Party Committee Cadre Affairs Board shall be carried out by the Central Competition and Commendation Board.
k) Individuals who have been commended according to Circulars 38-TT/TW and 19-TT/TW of the Central Committee Secretariat of the Communist Party of the Fifth Congress, now compared with the standards stipulated in Decree No. 42/2010/NĐ-CP of the Government, if the commendation level is the same as previously awarded according to Circular 38-TT/TW, no further commendation will be made; if they meet the criteria for a higher commendation level, a request for adjustment of the commendation level should be proposed. Procedures and implementation shall follow Decree No. 42/2010/NĐ-CP of the Government.
- For individuals who have been awarded the Independence Order Medal according to Circulars 38-TT/TW and 19-TT/TW, and continue to work and assume new positions in agencies, organizations, and mass organizations, if they meet the criteria stipulated in the Law on Competition and Commendation and Decree No. 42/2010/NĐ-CP of the Government, they may continue to be considered for commendation, with the form of commendation possibly being higher, equal, or lower than the previous level awarded according to Circular 38-TT/TW. Procedures and implementation shall follow Decree No. 42/2010/NĐ-CP of the Government.
l) Regarding the regulation of equivalent titles for commendation consideration, it shall be implemented according to the following general principles:
- Equivalent titles are titles appointed by the competent authority for cadres and civil servants (or recognized to hold elected positions) engaged in leadership and management in state administrative agencies, public service units, political organizations, and political-social organizations, receiving salary according to the position salary table or leadership position allowances (including elected positions) equivalent to the salary or allowance of the position previously decided by the competent authority.
- Competent authorities deciding (or recognizing):
Central level: The Politburo, Secretariat of the Central Committee of the Communist Party, President of the State, Prime Minister, Ministers, Heads of ministries equivalent to ministries, heads of central sectors, mass organizations.
At the local level: the Provincial or Municipal Party Committee Standing Committee, Chairmen of provincial and municipal People's Committees directly under the Central Government.
- Equivalent titles to Minister, Head of Party Sector, Head of Central Mass Organization:
Director of the Central Office, Director of the National Academy of Political Studies and Public Administration, Editor-in-Chief of the Communist Review, Editor-in-Chief of the People's Daily, Secretary of the Party Committee of the Central Affiliated Group; Member of the Standing Committee of the National Assembly, Chairman of the Ethnic Council of the National Assembly, Director of the National Assembly Office, Director of the National Assembly Committees, Director of the National Assembly President's Office; Heads of ministries equivalent to ministries.
Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Chairman of the Vietnam Academy of Science and Technology, Chairman of the Vietnam Academy of Social Sciences; Deputy Chairman兼任总秘书的越南祖国阵线中央委员会副主席;国家审计署署长;首都和直辖市人民代表大会常务委员会主任、人民政府市长。
- 中央一级相当于副部长、党部副主任、中央群团组织副主任的职务:
中央办公厅副主任;中央纪律检查委员会委员;中央党校副校长;驻外党组织书记,人民日报副总编辑,红旗杂志副总编辑,中央直属单位党组副书记,人民出版社社长;全国人大民族委员会副主任,全国人大各专门委员会副主任,全国人大常委会副秘书长,全国人大常委会办公厅副主任;国务院副秘书长;副部长级机构副职;首都和直辖市人民代表大会常务委员会副主任、人民政府副市长。
Deputy Chief Justice of the Supreme People's Court, Deputy Procurator General of the Supreme People's Procuracy; Deputy President of the Vietnam Academy of Science and Technology, Deputy President of the Vietnam Academy of Social Sciences; General Director of Vietnam News Agency, General Director of Vietnam Television, General Director of Voice of Vietnam; Heads of agencies under the Government, Deputy Heads of agencies under the Government; Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union.
- Equivalent to Department Head (Directorate Head): Leadership and management positions appointed by competent authorities and entitled to leadership position allowances ranging from 0.9 to 1.25 currently (or 0.8 according to Decree No. 25/CP dated May 23, 1993 of the Government); leadership and management positions classified with monthly salary levels of 533, 576, 621 dong according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers; leadership and management positions classified with Department Head (Directorate Head) position salaries before 1985.
- Equivalent to Deputy Department Head (Deputy Directorate Head): Leadership and management positions appointed by competent authorities and classified with current leadership position allowances of 0.8 (or 0.6 according to Decree No. 25/CP dated May 23, 1993 of the Government); leadership and management positions classified with monthly salary levels of 474, 513, 555 dong according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers; leadership and management positions classified with Deputy Department Head (Deputy Directorate Head) position salaries before 1985.
- Equivalent to Deputy Chairman of Provincial People's Committees, Municipal People's Committees directly under the Central Government: Member of the Standing Committee of the Provincial Party Committee, Municipal Party Committee; Deputy Chairperson of the People's Council, Deputy Head of the Full-time Delegation of the National Assembly at provincial level, municipal level directly under the Central Government.
- Equivalent to Director of Departments, Heads of provincial-level mass organizations: Leadership and management positions appointed or recognized (through elections) by competent authorities and classified with current leadership position allowances of 0.9 (or 0.7 previously); leadership and management positions classified with monthly salary levels of 474, 513, 555 dong according to the position salary table prescribed in Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers or classified with Director of Departments position salaries before 1985.
- Equivalent to Chairman of People's Councils, People's Committees at district, county, town, municipal level directly under provinces: Deputy Secretary of districts, counties, towns, municipalities directly under provinces.
In cases where cadres implement rotation or transfer requirements decided by competent authorities to hold lower positions prior to rotation or transfer, when considering rewards, the position held before rotation or transfer shall be taken as the basis for calculation and the continuous time served in that position shall be considered for reward proposals.
m) The commendation of achievements in inventions, patents, scientific works, outstanding works shall be carried out as follows: Inventions, patents, scientific works, outstanding works as stipulated in point b, Clause 2, Article 42; point b, Clause 1, Article 43 and Article 44 of the Law on Encouragement and Reward are those inventions, patents, scientific works, outstanding works recognized by the Scientific Council at the Ministry, sector, province, central-level mass organization level, which have high effectiveness in their respective fields within the scope of the Ministry, sector, province, central-level mass organization.
n) Ministries, sectors, central agencies of political organizations, political-social organizations, political-social-professional organizations, social-professional organizations authorized to issue Commemorative Medals, Badges according to Article 69 of the Law on Encouragement and Reward must ensure strictness and have motivational and educational effects. Before issuing Commemorative Medals, Badges, there must be a written agreement with the Ministry of Home Affairs (Central Board of Encouragement and Reward).
III. PROCEDURES AND DOCUMENTS FOR REWARD PROPOSALS
Procedures and documents for reward proposals shall be implemented in accordance with Articles 53 to 65 of Decree No. 42/2010/NĐ-CP of the Government, now guiding specifically as follows:
1. Line of commendation and procedures for commendation
The line of commendation and procedures for commendation shall be implemented in accordance with Article 53 of Decree No. 42/2010/NĐ-CP of the Government.
a) Commendation of high-level Orders, commendation of cadres under the management of the Political Bureau, Secretariat of the Central Committee of the Communist Party of Vietnam shall be implemented in accordance with Notification No. 193-TB/TW dated September 20, 2005 of the Political Bureau:
Based on the criteria stipulated in the Law on Encouragement and Reward and Decree No. 42/2010/NĐ-CP of the Government, ministries, sectors, provinces, central-level mass organizations shall submit to the Prime Minister for consideration and proposal to the President for decision on commendation. On the basis of the proposals of ministries, sectors, provinces, central-level mass organizations, the Central Board of Encouragement and Reward reports to the Party Central Committee for Government Affairs. Based on the conclusions of the Party Central Committee for Government Affairs (for collectives), the conclusions of the Political Bureau, Secretariat of the Central Committee of the Communist Party of Vietnam (for individuals under the management of the Political Bureau, Secretariat), the Central Board of Encouragement and Reward will proceed with the procedures to submit to the Prime Minister.
For the conferment of the title "National Model Worker", honorary titles, and the awarding of various types of Orders to cadres managed by the Central Government, the Central Board of Encouragement and Reward seeks opinions from the Central Organization Department of the Communist Party of Vietnam. After receiving the opinion of the Central Organization Department, the Central Board of Encouragement and Reward submits to the Prime Minister.
- For the "Order of Great Unity": based on the criteria set forth in Article 37 of Decree No. 42/2010/NĐ-CP of the Government, ministries, sectors, provinces, central-level mass organizations shall examine and submit to the Prime Minister. The Central Board of Encouragement and Reward compiles the dossier, agrees with the Central Committee of the Vietnam Fatherland Front (by written agreement) before submitting to the Prime Minister.
- Regarding the examination and awarding of commendation titles, national honor titles:
+ For the title of Hero: Based on the proposal of ministries, sectors, provinces, and central mass organizations, the Central Board for Encouragement and Reward seeks opinions from relevant agencies, then the Central Council for Encouragement and Reward examines and votes secretly. In cases meeting the prescribed criteria, the council's permanent office reports to the Prime Minister and the Chairman of the Central Council for Encouragement and Reward; based on this, the Central Board for Encouragement and Reward compiles the dossier and submits it to the Prime Minister.
+ For the titles "People's Teacher", "Outstanding Teacher"; "People's Doctor", "Outstanding Doctor"; "People's Artist", "Outstanding Artist"; "People's Master", "Outstanding Master"; "Ho Chi Minh Award", "State Award": Based on the proposal of ministries, sectors, provinces, and central mass organizations, the National Council for Bestowing Titles "People's Teacher", "Outstanding Teacher"; "People's Doctor", "Outstanding Doctor"; "People's Artist", "Outstanding Artist"; "People's Master", "Outstanding Master"; "Ho Chi Minh Award", "State Award" reviews and votes secretly. Based on the proposal of the Chairman of the National Council for Bestowing Titles mentioned above, the Central Board for Encouragement and Reward considers, compiles the dossier, and submits it to the Prime Minister.
According to point 22, Article 53 of Decree No. 42/2010/NĐ-CP of the Government, after receiving the complete dossier from the competent authority for considering the bestowal of the title "National Labor Medalist", the title of Hero, the Ministry of Public Security (Central Board for Encouragement and Reward) takes the lead in coordinating with relevant ministries and agencies to specify the content and form of soliciting public opinion on the Central Board for Encouragement and Reward's online portal within 15 working days.
b) Proposing forms of reward for organizations and individuals engaged in party and mass organization work:
- Implementing Clause 3, Article 53 of Decree No. 42/2010/NĐ-CP of the Government which stipulates that "the level managing organizational cadres and salary funds shall be responsible for considering rewards or submitting proposals for rewards to higher levels for cases within their management scope," specifically:
For collectives and individuals specializing in party and mass organization work at provincial-level cities directly under the central government who meet the reward criteria as prescribed, the party agency (various departments and party bodies directly subordinate to the provincial or municipal party committees), the directly managing mass organizations shall consider and propose the Chairman of the People's Committee of the provincial-level city directly under the central government to grant rewards or the Chairman of the People's Committee of the provincial-level city directly under the central government to submit to the Prime Minister and the President for granting rewards.
For collectives specializing in party and mass organization work at district level (districts, towns, provincial cities) who meet the reward criteria as prescribed, the party agency (various departments and bodies directly subordinate to the district, town, or city party committees), the directly managing mass organizations shall consider and propose the Chairman of the People's Committee at the district level to decide on granting rewards or the Chairman of the People's Committee at the district level to submit to the Chairman of the People's Committee at the provincial level (city) for granting rewards or to propose higher levels for granting rewards.
For collectives and individuals specializing in party and mass organization work at central ministries, sectors, and mass organizations, the entity directly managing personnel and paying salaries shall consider and decide on granting rewards or submit to the directly managing superior level for granting rewards.
- Regarding the reward recommendation line for trade union organizations; the Vietnam General Confederation of Labor proposes rewards to the Prime Minister and the President for specific subjects as follows:
+ For collectives including: Departments and units directly under the Vietnam General Confederation of Labor; Provincial and municipal labor federations directly under the central government, central industry trade unions including departments and units (public services, production and business units directly under them); trade union general companies directly under the Vietnam General Confederation of Labor.
+ For individuals who are full-time trade union officials receiving salaries from the trade union budget at departments and units directly under the Vietnam General Confederation of Labor and full-time trade union officials at departments and units directly under provincial and municipal labor federations, central industry trade unions, and trade union general companies directly under the Vietnam General Confederation of Labor.
c) Regarding the reward recommendation line for the Vietnam Association for Science and Technology: The Vietnam Association for Science and Technology proposes rewards for affiliated units and associations at the central level recognized as members and having their executive boards recognized by the Vietnam Association for Science and Technology.
d) Based on Clause 1, Clause 2 of Article 83 of the Law on Encouragement and Reward and Clause 19 of Article 53 of Decree No. 42/2010/NĐ-CP of the Government, the reward recommendation line for collectives and individuals belonging to State-owned Economic Groups, State-owned Corporations established by the Prime Minister's decision, Hanoi National University, Ho Chi Minh City National University is implemented as follows:
- The awarding of Commendation Certificates, Flags of Excellence and the conferring of the title of "Ministry-Level Labor Medalist" for objects belonging to State-owned Economic Groups, State-owned Corporations, Hanoi National University, Ho Chi Minh City National University is considered and decided by the Minister in charge of state management over the respective sector or field.
- Proposals for awarding "Prime Minister's Commendation Certificate", "Government Flag of Excellence", Medals, Orders and proposing the conferral of the title of "National Labor Medalist", the title of "Hero of Labor", "Hero of the People's Armed Forces" are based on the proposals of State-owned Economic Groups, State-owned Corporations, Hanoi National University, Ho Chi Minh City National University; the Minister in charge of state management over the respective sector or field considers and submits to the Prime Minister for awarding or submits to the Prime Minister for proposing to the President for awarding.
đ) For collectives and individuals belonging to Industrial Park Management Boards, Economic Zone Management Boards, Export Processing Zone Management Boards, the implementation is as follows:
The Director of the Industrial Park, Economic Zone, Export Processing Zone Management Board decides to award the titles "Advanced Worker", "Advanced Labor Collective", "Model Worker at the Grassroots Level" and commendation certificates from the Director of the Industrial Park, Economic Zone, Export Processing Zone Management Board. Based on the proposal of the Director of the Industrial Park, Economic Zone, Export Processing Zone Management Board, the Chairman of the People's Committee of the province or centrally governed city (where the industrial park, economic zone, export processing zone is located) decides to examine and award the titles "Excellent Labor Collective", "Provincial Model Worker", "Provincial Commendation Certificate" and report to the Prime Minister and President for commendation according to regulations.
e) Ministries, sectors, provinces, central-level mass organizations shall conduct reviews and classify subjects as specified for units under their management authority.
g) Regarding the establishment of the Commendation and Reward Councils at all levels: The Commendation and Reward Councils at all levels are established to perform advisory and support tasks for the heads of agencies and units in the work of competition and reward, and are decided to be established by the heads of agencies and units. The Commendation and Reward Council operates according to its charter and in accordance with the law. Based on the actual situation, the head of the agency or unit specifies the number of members of the Council; among them, the head of the agency or unit is the Chairperson, Vice-Chairperson of the Council including representatives of leadership in charge of competition and reward work, representatives of the United Front Organization, trade union organization; members include representatives of the party organization, mass organizations, some necessary specialized fields of the agency or unit.
h) Regarding the voting results of the Commendation and Reward Councils at all levels when examining commendation titles and the Council examining national honor titles (when examining the titles "Heroic Laborer", "Heroic Armed Forces Soldier", Teacher, Doctor, Artist, National Artist and Outstanding): Members of the Council must vote secretly and obtain a voting rate of 90% or more, based on the total number of Council members (if Council members are absent, opinions are obtained through secret ballots).
2. Report of Achievements for Commendation
In a form of commendation with different standards, each standard requires a separate report of achievements. Therefore, when proposing commendation, it is necessary to pay attention to ensure that the report of achievements closely follows those standards.
Ministries, sectors, localities propose commendations according to which standard, then report achievements according to that standard; the application for commendation must be consistent with the form of commendation. The report of achievements must have sufficient grounds to compare with the standards prescribed in the Law on Competition and Reward and Decree No. 42/2010/NĐ-CP of the Government.
The content of the report of achievements is implemented according to models from No. 01 to No. 08 attached as an appendix to this Circular.
3. Seeking Opinions on Commendation
Seeking opinions on commendation is a form of obtaining additional information from related agencies to provide additional grounds before submitting a decision on commendation. Seeking opinions on commendation is carried out according to the provisions of Clause 15, Article 53 of Decree No. 42/2010/NĐ-CP of the Government. For the "Prime Minister's Flag of Excellence" (excluding the Flag of Excellence awarded by the Central Competition and Reward Group), the Competition and Reward Board solicits opinions from related agencies, then submits to the Prime Minister.
When necessary, the Central Competition and Reward Board may seek opinions from other related agencies.
Related agencies, upon receiving a request for opinion, must provide comments on the content within the stipulated time frame and bear responsibility for the content of their comments. The Central Competition and Reward Board requests opinions on which issues, they should clearly state their opinions on those issues. If beyond the stipulated period for seeking opinions (after 10 working days), the agency requested does not respond with a reply letter, the Central Competition and Reward Board will proceed to submit to the Prime Minister.
4. Documents, Time for Submitting Proposals for Commendation Titles, Orders, Medals, Certificates of Merit from the Prime Minister, National Honor Titles, Ho Chi Minh Prize, State Prize
a) The deadline for submitting proposals for regular national-level commendation forms: no later than June 30th each year (for the education and training sector, before October 30th each year).
b) The documents for the Prime Minister to present the "Flag of Excellence of the Government", the title "National Model Worker" and "Certificate of Merit from the Prime Minister" for collectives and individuals under the Supreme People's Court, Supreme People's Procuracy, State Audit Agency, are examined and submitted to the Prime Minister (through the Central Competition and Reward Board) by the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, and the Auditor General.
c) The documents for presenting commendations for Orders, "Certificates of Merit from the Prime Minister" are implemented according to Clause 4, Article 57 and Clause 2, Article 58 of Decree No. 42/2010/NĐ-CP of the Government.
The documents for presenting commendations for "Golden Star Order", "Ho Chi Minh Order", "Independence Order", "Labor Order" for cadres with meritorious contributions, achievements, and dedication throughout various revolutionary stages; the documents include: A report accompanied by a brief list of cadres proposed for commendation, a summary of their career, the duration of holding each position, and the forms of commendation and disciplinary actions taken against them.
The documents for conferring or posthumously conferring the title "Mother Heroine of Vietnam" include: A report to the Prime Minister by the Chairman of the People's Committee of the province or centrally governed city and a brief list proposing the conferment of the Mother Heroine of Vietnam title.
d) The reports of achievements of collectives and individuals proposed for commendation titles, national honor titles, and national-level commendation forms must be confirmed by the immediate superior head of the collective or individual proposed for commendation and must bear responsibility for the content of the report of achievements.
đ) Agencies responsible for competition and reward at all levels are responsible for checking compliance with procedures and formalities, the accuracy of documents, and assessing the criteria for commendation of subjects proposed for commendation before submitting to higher authorities for commendation.
IV. ANNOUNCING THE RESULTS OF REWARDS, STORING REWARD FILES, USING THE COMPETITION AND REWARD FUNDS, AND WITHDRAWING REWARD ITEMS
1. Announcing the results of rewards
Collective bodies and individuals who meet the conditions for rewards or have been decided on rewards by competent authorities (excluding ad hoc rewards), within ten working days from the date of the reward decision, the authority reviewing the reward file must notify the unit proposing the reward.
Collective bodies and individuals who do not meet the criteria for rewards, within ten working days from the date the competent authority agrees with the reviewing authority, the reviewing authority must notify the proposing unit.
If the file does not follow the correct submission route, the reviewing authority must notify and return the file to the proposing unit.
2. Storing reward files
Ministries, sectors, localities are responsible for storing their own and grassroots level reward files to facilitate file searches, handling citizen complaints or confirming policy beneficiaries when requested. The preservation regime for files shall be implemented in accordance with archival regulations.
3. Using competition and reward funds
a) Sources of formation, deduction rates, and usage of competition and reward funds shall be carried out in accordance with Articles 67 and 68 of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government and the guiding circulars of the Ministry of Finance.
b) Regarding monetary awards accompanying commendation titles and forms:
- At the same time, for the same achievement, if an individual receives multiple commendation titles with different monetary awards, they shall only receive the highest monetary award.
Example: In 2009, Mr. Nguyen Van A was recognized as "Advanced Worker," then received the title of "Model Soldier at the Grassroots Level" in 2009, so he would only receive the monetary award for the title "Model Soldier at the Grassroots Level."
- At the same time, if an individual achieves multiple commendation titles over different periods, they shall receive monetary awards for each respective title.
Example: In 2007, 2008, and 2009, Mr. Nguyen Van A was awarded the title of "Model Soldier at the Grassroots Level." By the end of 2009, he was also awarded the title of "Model Soldier at the Ministry, Sector, Provincial, or Central Mass Organization Level," thus Mr. Nguyen Van A would receive the monetary award for the title "Model Soldier at the Grassroots Level" in 2009 and the monetary award for the title "Model Soldier at the Ministry, Sector, Provincial, or Central Mass Organization Level."
- At the same time, if an individual achieves both a commendation title and a form of recognition, they shall receive monetary awards for both the title and the recognition form.
Example: In 2009, Mr. Nguyen Van A was awarded the title of "Model Soldier at the Grassroots Level" and also received a Merit Certificate from the Minister (or Chairman of the People's Committee at the provincial level) in the same year, so Mr. Nguyen Van A would receive the monetary award for the title "Model Soldier at the Grassroots Level" and the monetary award for the Merit Certificate from the Minister (or Chairman of the People's Committee at the provincial level).
4. Revoking reward decisions and recovering reward items
Collective bodies and individuals violating reward regulations shall be subject to administrative penalties, revocation of reward decisions, recovery of reward items, and withdrawal of benefits or liability pursuit depending on the severity of the violation.
The unit proposing rewards for collective bodies and individuals who violate regulations shall be responsible for submitting to the competent authority (through the same-level competition and reward work agency) to revoke the decision, recover the reward items, and monetary awards.
After receiving the decision to recover reward forms from the Prime Minister, President, or the competent reward-granting authority, the proposing unit shall be responsible for recovering the reward items and handing them over to the same-level competition and reward work agency; the recovered money shall be deposited into the state budget.
V. IMPLEMENTATION
This Circular takes effect 45 days from the date of signature and replaces Circular No. 01/2007/TT-VPCP dated July 31, 2007 of the Government Office guiding the implementation 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 Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward.
The Central Competition and Reward Board shall coordinate with ministries, sectors, provinces, and central mass organizations to implement this Circular.
During implementation, if there are any issues arising or difficulties encountered, it is recommended that ministries, sectors, and localities report to the Central Competition and Reward Board (Ministry of Home Affairs) for study, supplementation, and improvement./.
Văn bản gốc (PDF)
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: