Circular No. 06/2001/TT-BTP guiding the work of competition and reward in the Justice Sector

CIRCULAR

Guidelines for Competition and Reward Work in the Justice Sector

________________

Pursuant to Decree No. 56/1998/NĐ-CP dated July 30, 1998 of the Government stipulating forms, subjects, and criteria for rewards granted by the Government, Ministries, agencies at the level of ministries, government agencies, and People's Committees at all levels; to specify the criteria for rewarding the Labor Medal.

After consultation with the National Competition and Reward Institute, the Ministry of Justice provides guidelines for competition and reward work in the justice sector as follows:

I - GENERAL PROVISIONS

A. REWARD SUBJECTS:

1 - Individuals currently working in units under the Ministry of Justice, enforcement agencies, and local People's Courts.

2 - Collectives within the Justice sector including grassroots units and small collectives within grassroots units:

2.1 - Grassroots units:

- The Ministry of Justice;

- Legal Aid Agency;

- National Registry of Security Interests;

- Institute of Legal Science Research;

- Law Newspaper;

- Democracy and Law Magazine;

- Hanoi Law University;

- Judicial Training School;

- Department of Justice;

- Provincial People's Court.

2.2 - Small collectives within grassroots units include:

- Departments, Civil Enforcement Management Units, Inspectorate, and Office under the Ministry of Justice;

- Units under the Legal Aid Agency, National Registry of Security Interests, and Institute of Legal Science Research;

- Faculties, Departments, and units under Hanoi Law University and Judicial Training School;

- Units under Law Newspaper and Democracy and Law Magazine;

- Specialized courts and other units under Provincial People's Court;

- Enforcement Departments, Enforcement Teams, and District People's Courts.

3 - Other individuals and collectives (belonging to local justice agencies, judicial auxiliary agencies, industry legal departments, etc.) who have made outstanding contributions in various fields of justice work.

B. PRINCIPLES OF REWARDS:

Rewards must ensure the five principles prescribed in Article 3 of Decree No. 56/1998/NĐ-CP dated July 30, 1998 of the Government, clearly reflecting the spirit of democracy and centralization, ensuring timeliness, accuracy, and exemplary effect, combining spiritual encouragement with material rewards harmoniously.

Every individual or collective must undergo evaluation at small collectives within grassroots units or grassroots units based on competition registration before being proposed for reward by competent authorities. For exceptional rewards, the evaluation and award process should be conducted promptly after achieving the achievement.

The assessment of reward forms must be based on the degree of completion of tasks; using the results of rewards from lower levels and lower grades as a basis when assessing at higher levels and higher grades.

The assessment of reward forms in the Justice sector must be based on the standards prescribed in Decree No. 56/1998/NĐ-CP dated July 30, 1998 of the Government and this Circular.

II. FORMS AND CRITERIA FOR REWARDS IN THE JUSTICE SECTOR

A. REWARD FORMS:

1. Reward forms in the Justice sector:

1.1 - Commendation titles:

- For individuals: + Outstanding worker;

+ Outstanding worker at the grassroots level;

+ Outstanding worker in the Justice sector.

- For collectives: + Outstanding worker collective;

+ Excellent worker collective.

1.2 - Reward forms:

- Certificate of Merit from the head of the grassroots unit;

- Certificate of Merit from the Minister of Justice;

- Flag of Merit of the Justice sector.

2. Reward forms by the State:

2.1. Commendation titles:

- National Outstanding Worker.

2.2. Reward forms:

- Flag of Merit of the Government;

- Certificate of Merit from the Prime Minister;

- Labor Medal (various classes).

B. REWARD CRITERIA:

1. Outstanding worker:

Civil servants awarded the title of Excellent Worker must meet the following criteria:

- Skilled in specialty and profession; completing assigned tasks beyond expectations; achieving high quality and effectiveness in work;

- Adhering well to Party policies and state laws; having self-reliance spirit; fostering unity and mutual assistance among colleagues; actively participating in competition movements;

- Actively studying to meet the professional standards of the civil servant position they hold (political theory, public administration, specialty and profession, foreign language).

The title of Outstanding Worker is reviewed annually for commendation by the head of the grassroots unit for civil servants in grassroots units; by the Minister of Justice for civil servants in units under the Ministry of Justice.

Civil servants who are awarded the title of Excellent Worker shall be granted a certificate accompanied by a reward not exceeding half a month's minimum wage.

2. Outstanding Worker at the Grassroots Level:

Civil servants who are awarded the title of Outstanding Soldier at the Basic Level must meet the following criteria:

- Excellently completing assigned tasks; achieving high quality and effectiveness in work; proposing projects or innovations applied in the sector's management;

- Serving as a model in adhering to Party policies and state laws; having self-reliance spirit; promoting unity and mutual assistance among colleagues; actively participating in competition movements;

- Actively studying to meet the professional standards of the civil servant position they hold (political theory, public administration, specialty and profession, foreign language).

The title of Outstanding Worker at the Grassroots Level is reviewed annually for commendation by the Minister of Justice for civil servants in units under the jurisdiction of the Ministry of Justice.

Civil servants who are awarded the title of Outstanding Soldier at the Basic Level shall be granted a certificate accompanied by a reward not exceeding one month's minimum wage.

3. Outstanding Worker in the Justice Sector:

Civil servants who are awarded the title of Outstanding Soldier in the Justice Sector must meet the following criteria:

- Being the most outstanding among Outstanding Workers at the Grassroots Level and having been awarded the title of Outstanding Worker at the Grassroots Level for three consecutive years, or although not having three consecutive years as an Outstanding Worker at the Grassroots Level, their achievements must serve as a bright example for the sector.

- Or being the most outstanding among those who have been awarded Certificates of Merit from the Minister of Justice or the Chairman of the Provincial People's Committee for three consecutive years.

The title of Outstanding Worker in the Justice Sector is reviewed for commendation twice every five years, in the third and fifth year of the five-year plan, by the Minister of Justice for civil servants working in units under the Ministry of Justice, enforcement agencies, local People's Courts, and Directors of Departments of Justice.

Civil servants who are awarded the title of Outstanding Soldier in the Justice Sector shall be granted a certificate and the Emblem of Outstanding Soldier in the Justice Sector accompanied by a reward not exceeding two months' minimum wage.

4. National Outstanding Worker:

Civil servants who are awarded the title of National Outstanding Soldier must meet the following criteria:

Being the most outstanding among Outstanding Workers in the Justice Sector, having been an Outstanding Worker in the Justice Sector for two consecutive times, and meeting both of the following conditions:

+ Must have achieved the title of Outstanding Worker in the Justice Sector during the review period;

+ Achievements over the last three years must have been recognized with a Certificate of Merit from the Prime Minister or a Labor Medal from the President.

The title of Outstanding Worker of the Whole Country for five years is awarded once at the end of the five-year plan by the Prime Minister to civil servants working in units under the Ministry of Justice, enforcement agencies, local People's Courts, and Directors of Justice Departments.

Civil servants who are awarded the title of National Outstanding Soldier shall be granted a certificate and the Emblem of National Outstanding Soldier accompanied by a reward not exceeding three months' minimum wage.

5. Excellent Labor Collectives:

A small team within a basic unit that is awarded the title of Excellent Work Team must meet the following criteria:

- Fulfill assigned tasks and plans, organize regular and effective competition movements;

- Adhere well to the Party's policies and State laws, maintain solidarity and strength;

- At least 30% of individuals in the unit achieve the title of Good Worker, with no individual being disciplined from a warning level upwards.

The title of Excellent Labor Collective is awarded once a year by the head of the grassroots unit for small collectives within grassroots units; by the Minister of Justice for small collectives within the Ministry of Justice's agencies.

An Excellent Work Team is granted a certificate accompanied by a reward not exceeding one month's minimum wage.

6. Outstanding Labor Collectives:

A small team within a basic unit that is awarded the title of Excellent Work Team with Distinction must meet the following criteria:

- Innovatively overcome difficulties, excellently fulfill tasks, conscientiously perform duties towards the State; have regular and practical competition movements recognized by peer units;

- Set examples in adhering to the Party's policies and State laws, maintain solidarity, purity, and strength;

- At least 50% of individuals in the unit achieve the title of Good Worker, with at least one individual receiving the title of Outstanding Worker at the grassroots level, and no individual being disciplined from a warning level upwards.

The title of Outstanding Labor Collective is awarded once a year by the Minister of Justice.

An Excellent Work Team with Distinction is granted a certificate accompanied by a reward not exceeding three months' minimum wage.

7. Certificate of Merit from the Head of the Grassroots Unit: This is a form of recognition given to individuals and collectives on the occasion of annual work summaries, at the conclusion of campaigns or short-term competition drives, for outstanding achievements, exemplary good deeds, and commendable actions that serve as role models within the scope of the grassroots unit's activities.

Civil servants and teams in the sector who are commended with a Commendation from the Head of the Basic Unit on the occasion of the annual work summary must meet the following criteria:

+ For individuals: those who stand out among those achieving the title of Good Worker;

+ For small collectives: those who stand out among collectives achieving the title of Excellent Labor Collective.

Individuals and collectives receiving a Certificate of Merit shall be awarded a bonus not exceeding half a month's minimum wage.

8. Certificate of Merit from the Minister of Justice: This is a form of recognition given to individuals and collectives specified in Section A, Part I on the occasion of annual work summaries, at the conclusion of campaigns or short-term competition drives, for outstanding achievements in specific areas of work, exceptional achievements, exemplary good deeds, and commendable actions that serve as role models throughout the sector.

Civil servants and collectives within the sector eligible for the Certificate of Merit from the Minister of Justice on the occasion of annual work summaries must meet the following criteria:

+ For individuals: those who stand out among those achieving the title of Outstanding Worker at the grassroots level;

+ For small collectives: those who stand out among collectives achieving the title of Outstanding Labor Collective;

+ For grassroots units: at least 80% of individuals must achieve the title of Good Worker, and at least 10% must achieve the title of Outstanding Worker at the grassroots level.

Individuals and collectives receiving the Certificate of Merit from the Minister of Justice shall be awarded a bonus not exceeding one month's minimum wage for individuals and two months' minimum wage for collectives.

9. Flag of Competition from the Department of Justice:

Collectives eligible for the Flag of Competition of the Judicial Sector must meet the following criteria:

- Exceed all assigned tasks for the year with high quality and efficiency;

- Be selected and recognized as the leading unit in the competition movement of the sector's region;

- Have new factors and models for other units in the sector to emulate; practice thrift well; effectively combat corruption, smuggling, and social evils; implement gender equality and women's advancement policies well.

The Flag of Competition from the Department of Justice is awarded once a year on the occasion of annual summaries by the Minister of Justice to provincial Justice Departments, enforcement agencies, local People's Courts, and units under the Ministry of Justice with the most outstanding achievements in the sector's competition movement.

Collectives receiving the Flag of Competition of the Judicial Sector shall be awarded a bonus not exceeding fifteen months' minimum wage.

10. Flag of Competition from the Government:

Collectives eligible for the Flag of Competition of the Government must meet the following criteria:

- Exceed all assigned tasks and plans for the year with high quality and efficiency;

- Be selected and recognized as the leading unit in the sector's work group;

- Have exemplary new factors and models for the whole country to emulate; lead in practicing thrift, combating waste, corruption, smuggling, and social evils effectively; implement gender equality and women's advancement policies well.

The Flag of Competition from the Government is awarded once a year on the occasion of annual summaries by the Prime Minister to provincial Justice Departments, local People's Courts, enforcement agencies, and units under the Ministry of Justice with the most outstanding comprehensive achievements, leading the sector's work group, and leading among units under the Ministry of Justice.

Collectives receiving the Flag of Competition of the Government shall be awarded a bonus not exceeding thirty months' minimum wage.

11. Certificate of Merit from the Prime Minister:

Individuals and collectives eligible for the Certificate of Merit from the Prime Minister must meet the following criteria:

- For persons:

+ Have outstanding and exemplary achievements in the sector;

+ Or individuals who have been awarded Certificates of Merit by the Minister of Justice or the Provincial People's Committee Chairperson for three consecutive years, with new outstanding achievements in the year of recommendation;

+ Or have received the title of Outstanding Worker at the grassroots level for five consecutive years or more.

- For Groups:

+ Have outstanding and exemplary achievements in the sector;

+ Or collectives who have been awarded Certificates of Merit by the Minister of Justice or the Provincial People's Committee Chairperson for three consecutive years, with new outstanding achievements in the year of recommendation.

+ Or have received the title of Outstanding Labor Collective for three consecutive years or more.

Individuals and collectives receiving the Certificate of Merit from the Prime Minister shall be awarded a bonus not exceeding two months' minimum wage for individuals and four months' minimum wage for collectives.

12. Labor Medal (various classes):

Individuals and collectives eligible for the Labor Medal (various classes) must meet the following criteria:

12.1- Labor Medal Class III:

- For persons:

+ Is an Outstanding Worker at the grassroots level for ten times or more, or an Outstanding Worker in the Department of Justice, an Outstanding Worker in a province or centrally-administered city for three times or more, or stands out among those who are Outstanding Workers of the Whole Country;

+ Or has been awarded a Certificate of Merit by the Prime Minister, then over the next three consecutive years achieved outstanding results to be awarded a Certificate of Merit by the Minister of Justice or the Provincial People's Committee Chairperson.

- For Groups:

+ Is an outstanding collective for five years or more, awarded Certificates of Merit by the Minister of Justice or the Provincial People's Committee Chairperson, with the last year receiving the Flag of Competition from the Sector or Province/Centrally-Administered City or the Flag of Competition from the Government.

+ Or has been awarded a Certificate of Merit by the Prime Minister, then over the next three consecutive years achieved outstanding results to be awarded a Certificate of Merit by the Minister of Justice or the Provincial People's Committee Chairperson.

Individuals and collectives receiving the Labor Medal Class III shall be awarded a bonus not exceeding four months' minimum wage for individuals and eight months' minimum wage for collectives.

12.2- Labor Medal Class II:

- For persons:

+ Stands out among those who twice achieved the title of Outstanding Worker of the Whole Country.

+ Has been awarded the Labour Medal, third class, and thereafter achieved outstanding results for five years or more, recognized with a Certificate of Merit by the Minister of Justice or the Chairman of the People's Committee at the provincial level;

- For Groups:

+ Is an outstanding and exemplary collective in the region for three years or more, awarded the Flag of Excellence by the Ministry or the Flag of Excellence by the province or centrally governed city;

+ Or has been awarded the Labour Medal, third class, and thereafter achieved outstanding results for five years or more, recognized with a Certificate of Merit by the Minister of Justice or the Chairman of the People's Committee at the provincial level;

Individuals and groups awarded the Second-Class Labour Medal shall be accompanied by a cash award not exceeding eight months of the minimum wage for individuals and not exceeding sixteen months of the minimum wage for groups.

12.3- Labour Medal, first class:

- For persons:

+ Is an outstanding representative among those who have been three-time National Model Workers;

+ Or has been awarded the Labour Medal, second class, and thereafter achieved outstanding results for five years or more, recognized with a Certificate of Merit by the Minister of Justice or the Chairman of the People's Committee at the provincial level;

- For Groups:

+ Is an outstanding and exemplary collective within the Ministry, awarded the Flag of Excellence by the Government four times or more;

+ Or has been awarded the Labour Medal, second class, and thereafter achieved outstanding results for five years or more, recognized with a Certificate of Merit by the Minister of Justice or the Chairman of the People's Committee at the provincial level, including being awarded the Flag of Excellence by the Ministry or the Flag of Excellence by the province or centrally governed city in the last two years;

Individuals and groups awarded the First-Class Labour Medal shall be accompanied by a cash award not exceeding ten months of the minimum wage for individuals and not exceeding twenty months of the minimum wage for groups.

III. PROCEDURES AND CONTENT OF THE APPLICATION FILE FOR RECOGNITION OF MERIT

A. PROCEDURES FOR PROPOSING AWARDS AND RECOGNITION:

1. For commendation forms within the authority of the Head of the Basic Unit:

Based on the proposal of the Competition and Commendation Council of the basic unit, the Head of the basic unit decides to award:

- The title of Excellent Worker to civil servants and small collectives under the basic unit managed by the Ministry of Justice.

- A certificate of merit for individuals and collectives as stipulated in Point 7, Section B, Part II of this Circular.

The Head of the basic unit is responsible for retaining the file and sending the Decision on Commendation to the Standing Board of the Competition and Commendation Council of the Ministry of Justice for monitoring and management.

2. For commendation forms within the authority of the Minister of Justice:

2.1- Based on the proposal of the Competition and Commendation Council of the Ministry of Justice, the Minister of Justice decides to award:

- The title of Excellent Worker to civil servants and small collectives under the Ministry of Justice;

2.2- Based on the proposal of the Competition and Commendation Council of the Legal System Sector, the Minister of Justice decides to award:

- The title of Model Worker at the Basic Level to civil servants under the management authority of the Ministry of Justice;

- The title of Model Worker in the Legal System Sector to civil servants working in units under the Ministry of Justice, enforcement agencies, local courts, and Directors of Provincial Legal Departments;

- The title of Outstanding Labour Collective to small collectives in basic units under the management authority of the Ministry of Justice;

- The Flag of Excellence of the Legal System Sector to collectives in Provincial Legal Departments, enforcement agencies, local courts, and units under the Ministry of Justice;

- A certificate of merit for individuals and collectives as stipulated in Point 8, Section B, Part II of this Circular.

3. For commendation forms by the State:

Based on the proposal of the Competition and Commendation Council of the Legal System Sector, the Minister of Justice examines and submits to the competent authority for consideration and presentation of State commendation forms to individuals and collectives under the management authority of the Ministry of Justice, collectives in Provincial Legal Departments, and Directors of Provincial Legal Departments.

B. CONTENT OF THE FILE FOR PROPOSING AWARDS AND RECOGNITION:

1. For cases proposing annual commendations:

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

- A work achievement report of the individual or collective proposed for commendation signed by the Head of the unit (with stamp if applicable); The work achievement report of the collective of the County People's Court and Enforcement Team must have the agreement of the Chairman of the People's Committee at the same level.

- Minutes of meetings evaluating individuals and collectives meeting the prescribed standards, proposed for commendation by the Head of the unit signed and stamped.

- A proposal for commendation from the Head of the basic unit based on the proposal of the Competition and Commendation Council of the basic unit. For individuals and collectives under the Ministry of Justice, the Chairman of the Competition and Commendation Council of the Ministry of Justice issues a proposal for commendation.

- An endorsement letter from the Chief Judge of the Provincial People's Court agreeing with the Director of the Provincial Legal Department on the proposal for commendation of individuals and collectives under the County People's Court.

The Ministry of Justice reviews and submits to the competent state agency for commendation of individuals and collectives under local courts based on agreement with the Chief Judge of the Supreme People's Court.

- An endorsement letter from the People's Committee of the Province or centrally governed city for individuals and collectives proposed for commendation with the title of Model Worker in the Legal System Sector, the Flag of Excellence of the Legal System Sector, and State commendation forms.

- Minutes of selection and promotion by the Competition Area for collectives proposed for the Flag of Excellence of the Ministry, the Flag of Excellence of the Government, and individuals proposed for commendation as Model Worker in the Sector, and National Model Worker.

2. For cases proposing special commendations:

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

- A summary of achievements;

- A proposal for commendation from the Head of the basic unit (clearly stating the extent and scope of influence of the achieved results);

Endorsement must be ensured to be complete according to the above regulations.

3. The number of files proposed for commendation by the Minister of Justice and other competent state agencies must ensure that there is one file retained by the basic unit, one file retained by the Standing Board of the Competition and Commendation Council of the Ministry of Justice, and one file sent to the State Awards and Honors Institute (for State commendation forms).

For cases under local courts proposing commendation forms such as Model Worker in the Sector, the Flag of Excellence, and State commendation forms, in addition to the number of files mentioned above, it must also ensure that there is an additional file sent to the Ministry of Justice for exchanging opinions with the Supreme People's Court.

All sets of files must be original (original copies).

Achievement reports of individuals and collectives must comprehensively describe all aspects of work during the period proposed for commendation according to the prescribed standards, fully documenting all forms of commendation achieved. For example:

+ If proposing the Prime Minister to present a Certificate of Merit, then the work achievement report must cover three consecutive years.

+ If proposing to present the Labour Medal in various classes, then the work achievement report must cover five consecutive years, etc...

The documents in the commendation proposal file must be typed neatly, without erasures or corrections; they must correctly and fully record the full name, date of birth..., position, administrative unit.

C. TIME FOR CONSIDERING COMMENDATIONS AND AWARDS:

1. Forms of commendations within the authority of the Ministry of Justice and the Government Flag of Excellence are considered in December each year; the proposal files for the Ministry of Justice to consider commendations must be submitted to the Standing Committee of the Ministry of Justice's Competition and Commendation Council before November 30 each year.

2. National forms of commendation such as the Commendation Certificate of the Prime Minister and Labor Medals of various classes are submitted to the Prime Minister for consideration at the following times:

+ The May 1st session;

+ The September 2nd session;

+ The November 20th session: for Schools under the Ministry of Justice.

Proposal files for the Prime Minister to consider commendations must be submitted to the Standing Committee of the Ministry of Justice's Competition and Commendation Council at least 40 days before May 1, September 2, and November 20.

3. In cases of outstanding and exceptionally excellent achievements, the units responsible shall immediately establish files upon achieving the results and submit them to the competent authorities for commendation.

IV. EXPENSES FOR COMPETITION AND COMMENDATION, HANDLING VIOLATIONS AND SETTLING COMPLAINTS AND REPORTS IN THE FIELD OF COMPETITION AND COMMENDATION

1- The expenses for competition and commendation in the Justice sector are allocated from the State budget. Annually, within the scope of the budget assigned by the Government to the Ministry of Justice, the Ministry of Justice allocates up to 15% of the total salary fund of the entire sector to serve as the source of competition and commendation expenses for the Justice sector.

2- Any individual or collective that reports achievements untruthfully, conceals shortcomings to obtain commendation consideration, if discovered, the head of the unit and related individuals or collectives must bear full responsibility. Depending on the severity of the fault, the person authorized to decide on commendations may issue a decision or request the competent state agency to revoke the commendation decision, certificate of excellence, commendation forms, and demand the return of any accompanying award money, and may also be subject to other legal provisions.

The procedures, formalities, deadlines, and files for handling complaints and reports regarding commendations shall be carried out in accordance with the regulations of the Law on Complaints and Reports.

This Circular replaces Circular No. 11/1999/TT-BTP dated May 15, 1999, and previous guiding documents of the Ministry of Justice that conflict with this Circular. In the course of implementation, any difficulties should be promptly reported to the Ministry of Justice for study and resolution./.