Circular No. 06/2018/TT-BTP on awarding the Commemorative Medal "For the Cause of Justice"

CIRCULAR

Regulations on awarding the Commemorative Medal "For the Cause of Justice"

Pursuant to the Law on Competition and Reward dated November 26, 2003; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated June 14, 2005 and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated November 16, 2013;

Decree No. Decree No. 91/2017/NĐ-CP the Government's Decree No. 31/2017/ND-CP detailing certain provisions of the Law on Competition and Reward;

Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Considering the proposal of the Director of the Department of Competition and Reward;

The Minister of Justice hereby issues this Circular on regulations for awarding the Commemorative Medal "For the Cause of Justice",

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, recipients, criteria, conditions for awarding; authority, procedures, and application files for proposing awards; decisions to grant and organize the presentation of the Commemorative Medal "For the Cause of Justice".

Article 2. The "For the Legal Reform" Memorial Medal

Article 3. The Commemorative Medal "For the Cause of Justice" (hereinafter referred to as the Commemorative Medal) is a form of reward by the Ministry of Justice to recognize and encourage individuals who have made achievements and contributions to the cause of building and developing the Justice sector in Vietnam.

Article 4. The design of the Commemorative Medal and the Certificate of Recognition for the Commemorative Medal "For the Cause of Justice" shall be decided by the Ministry of Justice, consistent with general regulations, reflecting the characteristics of the Vietnamese Justice sector, and registered with the central state management agency for competition and reward.

Article 5. Principles for awarding and presenting the Commemorative Medal

Clause 1. The Commemorative Medal is awarded once to an individual and not posthumously. The awarding of the Commemorative Medal is conducted annually on the occasion of the anniversary of the Traditional Day of the Justice Sector in Vietnam or granted exceptionally according to the decision of the Minister of Justice.

Clause 2. The awarding of the Commemorative Medal must ensure transparency, democracy, objectivity, fairness, and timeliness in accordance with the law and the criteria, procedures, and formalities prescribed in this Circular.

Clause 3. The organization of the presentation of the Commemorative Medal must ensure solemnity, practicality, and avoid ostentation, formalism, and waste.

Article 6. Rights and responsibilities of organizations and individuals

Clause 1. Organizations and individuals proposing the awarding of the Commemorative Medal have the right and responsibility:

Point a) To receive the Commemorative Medal, the Certificate of Recognition, and monetary rewards as prescribed by current laws (if applicable), and to be recorded in the Department of Justice's Book of Competition and Reward;

Point b) To fully and promptly comply with all regulations regarding procedures, formalities, deadlines for submitting applications, and ensuring the accuracy of the application file as prescribed in this Circular and other relevant regulations on competition and reward.

Clause 2. Individuals confirming achievements or reporting untruthfully about the criteria and conditions for being considered for the Commemorative Medal shall be dealt with according to the law on competition and reward.

3. Organizations and individuals have the right to appeal or report regarding the proposal and awarding of Commemorative Medals according to the law on appeals and complaints.

Chapter II
RECIPIENTS AND CRITERIA Officers, non-commissioned officers, soldiers, and workers of the People's Public Security Force who have worked in the People's Public Security Force for at least five years but do not meet the criteria for the Medal "Distinguished Soldier" Bronze Class, when retiring or transferring to another profession, may be considered for the Commemorative Medal.

Article 7. Recipients, Criteria, and Conditions for Awarding the Commemorative Medal to Individuals Working in the Justice Sector

Clause 1. Leaders and former leaders of the Ministry of Justice.

Clause 2. Leaders of units under the Ministry of Justice, Departments of Justice, Civil Enforcement Offices at provincial and centrally-administered city levels may be proposed for the awarding of the Commemorative Medal if they meet the following conditions:

Point a) Having served in their positions for a minimum of five years for heads and eight years for deputies, and performing their duties well during the specified period;

b) Individuals working in other sectors are transferred Individuals transferred from other sectors to work in the Justice sector to hold the positions mentioned in point a of this clause may be proposed for the awarding of the Commemorative Medal if they have served in their positions in the Justice sector for a minimum of six years for heads and nine years for deputies, and performed their duties well during the specified period;

Point c) For female leaders, the time required to serve in positions to be proposed for the awarding of the Commemorative Medal as stipulated in points a and b of Clause 2 of this Article is reduced by two years compared to the general requirement;

Point d) Individuals who have served in positions but do not meet the time requirements for the awarding of the Commemorative Medal according to the criteria for those positions may combine their time in lower-level positions to be proposed for the awarding of the Commemorative Medal according to the lower-level position.

Clause 3. Individuals currently working in units under the Ministry of Justice, Civil Enforcement Offices, Civil Enforcement Branches, Departments of Justice, Justice Divisions, and Notary-Public Affairs Officers may be proposed for the awarding of the Commemorative Medal if they have worked for a minimum of twenty years for men and fifteen years for women, and performed their duties well during the specified period.

Clause 4. Individuals working in other sectors who transfer to the Justice sector or from the Justice sector to work in other sectors in judicial affairs may be proposed for the awarding of the Commemorative Medal if they have worked for a minimum of twenty-two years for men and seventeen years for women, including a minimum of ten years in the Justice sector, and performed their duties well during the specified period.

Article 6. Recipients, criteria, and conditions for awarding Commemorative Medals to individuals currently engaged in judicial work

1. Individuals directly involved in legal affairs at Ministries, agencies equivalent to Ministries, agencies under the Government, specialized agencies under provincial People's Committees, state-owned enterprises under central Ministries and sectors; individuals working in Military Enforcement Agencies; lawyers; notaries working in Notary Offices; auctioneers working in asset auction companies; conciliators; bankruptcy administrators; judicial appraisers; commercial mediators; arbitrators may be proposed for the award of Commemorative Medals when they have worked in judicial affairs for at least 22 years for males and 17 years for females.

2. Individuals serving as grassroots mediators may be proposed for the award of Commemorative Medals when they have continuously worked in mediation for at least 10 years in villages, communes, wards, or have continuously worked in mediation for at least 8 years with outstanding achievements recognized by three Certificates of Merit or one Certificate of Merit from competent state authorities regarding mediation work. For female mediators, the time required for mediation work stipulated in this clause shall be reduced by two years.

Article 7. Recipients, criteria, and conditions for awarding Commemorative Medals to other individuals who have contributed to the development of the Vietnamese Judicial Sector

1. Individuals working in Party and State agencies, political-social organizations in the following cases:

a) Heads and deputy heads of the Central Committee of the Vietnam Fatherland Front and political-social organizations at the central level; leaders of Ministries, agencies equivalent to Ministries, agencies under the Government; Secretaries and Deputy Secretaries of provincial and municipal Party Committees directly under the central government, heads of the Vietnam Fatherland Front Provincial Committees, Chairpersons and Vice-Chairpersons of Provincial People's Councils and People's Committees directly under the central government;

b) Deputy heads of the Vietnam Fatherland Front Provincial Committees; heads and deputy heads of political-social organizations at the provincial and municipal levels directly under the central government; Directors and Deputy Directors of departments and equivalent positions; Secretaries and Deputy Secretaries of county, district, city, and provincial-level Party Committees, Chairpersons and Vice-Chairpersons of County, District, City, and Provincial People's Councils and People's Committees may be proposed for the award of Commemorative Medals when they have held their positions for at least one term.

2. Individuals who are Vietnamese residing abroad or foreigners may be proposed for the award of Commemorative Medals when they have made significant contributions to building and consolidating cooperative relations between countries and international organizations with the Vietnamese Judicial Sector, actively contributing to the construction and development of the Vietnamese Judicial Sector.

3. Individuals who have developed initiatives, solutions, scientific works recognized by state authorities, having practical value, making substantial and effective contributions to the development of the Vietnamese Judicial Sector; individuals who have provided meritorious financial or material support for the development of the Vietnamese Judicial Sector.

4. Other cases as decided by the Minister of Justice.

Article 8. Calculation of service time for proposing the award of Commemorative Medals for certain specific cases

1. Individuals working in the Judicial Sector or engaged in judicial work recognized as Labor Heroes or Heroes of the People's Armed Forces may be proposed for the award of Commemorative Medals immediately after receiving the commendation decision.

2. Individuals working in the Judicial Sector or engaged in judicial work awarded high commendations or honors by the Judicial Sector and the State may be proposed for the award of Commemorative Medals earlier than the specified time depending on the highest commendation or honor already received as follows:

a) "Labor Medal" of all classes may be proposed for the award of Commemorative Medals five years earlier;

b) The title "National Model Worker" may be proposed for the award of Commemorative Medals three years earlier;

c) "Prime Minister's Certificate of Merit" or the title "Model Worker of the Judicial Sector", "Provincial Model Worker" may be proposed for the award of Commemorative Medals two years earlier.

3. Individuals working in the Judicial Sector or engaged in judicial work in mountainous, remote, border, and island areas shall have their actual service time in these areas multiplied by a factor of 1.2 for provinces, counties, and communes with regional allowances ranging from 0.1 to 0.5, and multiplied by a factor of 1.5 for provinces, counties, and communes with regional allowances of 0.7 or 1.0 when calculating service time in the Judicial Sector or time spent in judicial work for the purpose of proposing the award of Commemorative Medals.

4. Individuals working in the Judicial Sector or engaged in judicial work under indefinite-term labor contracts shall have their service time in the sector or time spent in judicial work for the purpose of proposing the award of Commemorative Medals calculated from the date of recruitment.

Article 9. Cases where individuals are not eligible for the award of Commemorative Medals

1. Individuals will not be proposed for the award of Commemorative Medals during the period when the competent authority is considering disciplinary action, or during investigation, audit, inspection when there are signs of violation, or when complaints or accusations against them are being verified and clarified.

2. Individuals who meet the service time requirements stipulated in Clauses 2, 3, and 4 of Article 5 and Article 6 of this Circular but have been disciplined below the level of dismissal or expulsion from the Party can only be proposed for the award of Commemorative Medals one year after the disciplinary decision is revoked or after the disciplinary period for the Party has expired. Disciplinary time will not be counted towards the award of Commemorative Medals.

Article 10. Cases where individuals are not eligible for the award of Commemorative Medals

Individuals meeting the criteria and conditions for the recipients specified in Articles 5, 6, and Clause 1 of Article 7 of this Circular will not be eligible for the award of Commemorative Medals if they have been dismissed, criminally prosecuted, or expelled from the Party.

Chapter III

AUTHORITY, PROCEDURES, AND DOCUMENTS FOR PROPOSAL OF AWARDING; DECISION TO AWARDS AND ORGANIZATION OF PRESENTATION REMEMBRANCE CHAPTER

Article 11. Authority to propose for awarding Commendation Medals

1. Heads of units under the Ministry have the following authorities:

a) To compile individual files of persons meeting the criteria and conditions who are currently working at their own agencies or units; heads and deputy heads of central-level political-social organizations, leaders of the Ministry, agencies equivalent to ministries, and government agencies, and individuals meeting the criteria and conditions stipulated in Clause 3, Article 7 of this Circular, and submit them to the Department of Mobilization and Reward for examination, then submit to the Mobilization and Reward Council of the Justice Sector for review and recommendation to the Minister of Justice to present Commendation Medals;

b) To coordinate with the Department of Mobilization and Reward to review and provide opinions on individuals within the sectors they are assigned to advise, manage, and oversee, based on recommendations from heads of agencies and organizations proposing such awards.

2. The Director of the Civil Enforcement General Department compiles files submitted by provincial and centrally-administered city Civil Enforcement Bureau Directors, sends them to the Department of Mobilization and Reward for examination, then submits to the Mobilization and Reward Council of the Justice Sector for review and recommendation to the Minister of Justice to present Commendation Medals to individuals meeting the criteria and conditions while working at local civil enforcement agencies and those meeting the criteria and conditions stipulated in Clause 1, Article 7 of this Circular.

3. The Head of the Ministry's Office prepares a list and submits it to the Department of Mobilization and Reward for examination, then submits to the Minister of Justice for consideration and decision to present Commendation Medals to the subjects specified in Clause 1, Article 5 of this Circular.

4. The Director of the Cadre and Civil Servant Organization Department coordinates with heads of units under the Ministry related to the review and compilation of files, submitting them to the Department of Mobilization and Reward for examination, then submits to the Mobilization and Reward Council of the Justice Sector for review and recommendation to the Minister of Justice to present Commendation Medals to former leaders of units under the Ministry who have retired but meet the criteria and conditions and have not yet been considered for such awards.

5. The Director of the International Cooperation Department reviews and compiles files, submitting them to the Department of Mobilization and Reward for examination, then submits to the Mobilization and Reward Council of the Justice Sector for review and recommendation to the Minister of Justice to present Commendation Medals to individuals meeting the criteria and conditions, including overseas Vietnamese and foreigners who have contributed to the construction and development of the Vietnamese Justice Sector.

6. The Director of the Department of Mobilization and Reward is responsible for submitting to the Minister of Justice to present Commendation Medals to individuals falling under the category specified in Clause 4, Article 7 of this Circular.

7. Provincial and centrally-administered city Justice Departments' Directors review and compile files, submitting them to the Department of Mobilization and Reward for examination, then submit to the Mobilization and Reward Council of the Justice Sector for review and recommendation to the Minister of Justice to present Commendation Medals to the following categories:

a) Individuals currently working at the Justice Department, Legal Affairs Office, and Civil Registry staff; individuals who were former cadres, civil servants, and employees of these units who have retired but meet the criteria and conditions and have not yet been considered for such awards;

b) Individuals serving as Secretary, Deputy Secretary of the provincial or municipal Party Committee, head of the Vietnam Fatherland Front Committee at the provincial level, Chairperson, Vice-Chairperson of the People's Council, and People's Committee at the provincial or municipal level, and individuals meeting the criteria and conditions stipulated in Clause 3, Article 7 of this Circular;

c) Individuals directly engaged in legal affairs work at specialized departments under the provincial People's Committee; lawyers; Notaries working at Notary Offices; Auctioneers working at auction enterprises; Substitutes; Insolvency Administrators; Judicial Appraisers; Commercial Arbitrators; and arbitrators belonging to the categories specified in Clause 4, Article 5; Clause 2, Article 6; and Point b, Clause 1, Article 7 of this Circular, based on recommendations from heads of agencies and organizations proposing such awards.

Article 12. Documents for nominating to be considered for the Commemorative Medal under the regular procedure

1. The documents for nominating to be considered for the Commemorative Medal under the regular procedure apply to individuals meeting the conditions and criteria stipulated in Clauses 2, 3, and 4 of Article 5; Article 6; Point b Clause 1 and Clause 3 of Article 7 of this Circular.

2. The documents for nominating to be considered for the Commemorative Medal under the regular procedure shall be compiled into one set, including:

a) A proposal for nominating to be considered for the Commemorative Medal from the Department of Justice, the Civil Enforcement Agency, units under the Ministry, or other agencies and organizations proposing individuals for nomination according to Model No. 01, accompanied by a list of individuals proposed for nomination according to Model No. 02 issued together with this Circular for individuals meeting the conditions and criteria stipulated in Clauses 2, 3, and 4 of Article 5 and Article 6; a list of individuals proposed for nomination according to Model No. 2A issued together with this Circular for individuals meeting the conditions and criteria stipulated in Point b Clause 1 of Article 7; a list of individuals proposed for nomination according to Model No. 2B issued together with this Circular for individuals meeting the conditions and criteria stipulated in Clause 3 of Article 7 of this Circular;

b) A summary of achievements and work history of the individual proposed for nomination for the Commemorative Medal, confirmed by the head of the unit managing personnel for currently employed individuals; confirmed by the agency issuing the retirement decision for retired individuals according to Model No. 03 issued together with this Circular for individuals specified in Clauses 2, 3, and 4 of Article 5 and Article 6 of this Circular; a summary of contributions to the construction and development of the Vietnamese judicial system according to Model No. 3A issued together with this Circular for individuals meeting the conditions and criteria stipulated in Point b Clause 1 and Clause 3 of Article 7 of this Circular;

c) Minutes of the meeting of the Competition and Reward Council of the Department of Justice, the Civil Enforcement Agency, units under the Ministry of Justice, or other agencies and organizations proposing individuals for nomination;

d) Copies of commendation decisions and disciplinary decisions of individuals falling within the scope specified in Clauses 1, 2, and 3 of Article 8 of this Circular.

Article 13. Documents for nominating to be considered for the Commemorative Medal under the simplified procedure

1. The documents for nominating to be considered for the Commemorative Medal under the simplified procedure apply to individuals meeting the conditions and criteria stipulated in Clause 1 of Article 5; Point a Clause 1 and Clauses 2 and 4 of Article 7 of this Circular.

2. The documents for nominating to be considered for the Commemorative Medal under the simplified procedure shall be compiled into one set comprising a proposal for nominating to be considered for the Commemorative Medal from the Department of Justice, the Civil Enforcement Agency, or units under the Ministry according to Model No. 01 issued together with this Circular, accompanied by:

a) A brief list of individuals proposed for nomination according to Model No. 04 issued together with this Circular for individuals meeting the conditions and criteria stipulated in Clause 1 of Article 5 and Clause 4 of Article 7 of this Circular;

b) A brief list of individuals proposed for nomination according to Model No. 4A issued together with this Circular for individuals specified in Point a Clause 1 of Article 7 of this Circular;

c) A brief list of individuals proposed for nomination according to Model No. 4B issued together with this Circular and comments from the Ministry of Foreign Affairs and the Ministry of Public Security for individuals meeting the conditions and criteria stipulated in Clause 2 of Article 7 of this Circular.

Article 14. Time and Method for Submitting Application Files for Awarding Commemorative Medals

1. Time for Submitting Application Files

a) The Heads of Units under the Ministry of Justice, the Heads of Legal Organizations, units entrusted with legal work of the Ministry, agencies at the level of ministries, government agencies, Directors of Provincial Justice Departments directly under the Central Government shall submit application files to the Council for Competition and Reward of the Justice Sector before June 1st each year;

b) The Heads of Civil Enforcement Bureaus of provinces and centrally governed cities shall submit application files to the General Department of Civil Enforcement before May 15th each year;

c) The time for submitting application files for the subjects specified in point a, Clause 1 and Clauses 2, 3 of Article 7 of this Circular shall not be subject to the provisions of points a and b of this Clause.

2. Method for Submitting Application Files

The application files prescribed in Clause 2 of Article 12 and Clause 2 of Article 13 of this Circular must be sent in paper form and simultaneously via electronic mail for the proposal and list of individuals recommended for awarding to the email box of the Department for Competition and Reward ([email protected]).

Article 15. Receiving, Examining Application Files and Submitting for Awarding Commemorative Medals

1. Within fifteen days from the date of receiving valid application files for awarding Commemorative Medals, the Department for Competition and Reward shall be responsible for examining the application files and submitting them to the Council for Competition and Reward of the Justice Sector for review, except in cases decided by the Minister of Justice.

2. For application files that do not comply with regulations, within three working days from the date of receiving all application files, the Department for Competition and Reward shall notify the submitting unit. Within seven working days from the date of receiving the notification, the submitting unit shall complete the application files and resubmit them to the Department for Competition and Reward for examination.

3. At the latest five working days from the date the Council for Competition and Reward of the Justice Sector convenes to review or seeks opinions from its members, the Department for Competition and Reward shall complete the procedures as prescribed to submit to the Minister, except in cases decided by the Minister of Justice.

Article 16. Organizing the Presentation of Commemorative Medals

1. The Minister of Justice shall organize the presentation or authorize the heads of agencies and organizations to present Commemorative Medals to the recipients according to the regulations on the ceremony for presenting this form of reward.

2. The Department for Competition and Reward shall take the lead and coordinate with relevant agencies, units, and individuals to advise and propose to the Minister of Justice regarding organizing the presentation of Commemorative Medals in cases where the Minister of Justice organizes the presentation or authorizes the presentation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Circular takes effect from July 21, 2018. Decision No. 101/2005/QĐ-BTP dated March 2, 2005 of the Minister of Justice on the issuance of the Commemorative Medal "For the Cause of Justice" and Decision No. 04/2008/QĐ-BTP dated March 19, 2008 of the Minister of Justice on the issuance of the Regulation on Awarding the Commemorative Medal "For the Cause of Justice" shall cease to be effective from the date this Circular takes effect.

2. The Medal "For the Cause of Justice" awarded according to Decision No. 713/TC dated November 22, 1995 of the Minister of Justice has equivalent value to the Commemorative Medal "For the Cause of Justice". Individuals who have been awarded the Medal "For the Cause of Justice" shall not be considered for the Commemorative Medal under this Circular.

Article 18. Responsibility for Implementation

1. The Head of the Department for Competition and Reward shall take the lead and coordinate with relevant units under the Ministry to advise and assist the Minister of Justice in guiding, inspecting, and urging the units under the Ministry of Justice, Provincial Justice Departments directly under the Central Government, and other related agencies and organizations to implement this Circular.

2. The Director of the General Department of Civil Enforcement shall take the lead and coordinate with the Department for Competition and Reward to advise and assist the Minister in guiding, inspecting, and urging local civil enforcement agencies to implement this Circular.

3. The Inspector General of the Ministry of Justice within the scope of their functions, tasks, and authority shall advise and propose to the Minister of Justice to promptly resolve violations, complaints, and denunciations concerning the awarding of Commemorative Medals as prescribed by law.

4. The Council for Competition and Reward of the Justice Sector, the Heads of Units under the Ministry, the Directors of Provincial Justice Departments, and the Heads of Civil Enforcement Bureaus of provinces and centrally governed cities within the scope of their assigned tasks and authority shall be responsible for implementing this Circular./.