Circular No. 07/2006/TT-BTP guiding the work of competition and commendation in the Justice sector

CIRCULAR

Guidelines for Competition and Reward Work in the Justice Sector

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

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to 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;

After reaching consensus with the Central Steering Committee for Competition and Reward, the Ministry of Justice guides competition and reward work in the justice sector as follows.

Part I:

GENERAL GUIDELINES

I. OBJECTIVES OF COMPETITION AND REWARD

Competition and reward work aims to motivate, encourage, and honor collectives and individuals who enthusiastically engage in labor innovation, complete their tasks excellently, and contribute significantly to achieving the development goals of the justice sector.

II. PRINCIPLES OF COMPETITION AND REWARD

c) The granting of competition titles must be based on competition movements; all collectives and individuals participating in these movements must register for competition, set goals, and establish targets; those not registering will not be considered for competition titles.

a) Voluntary, conscientious, public;

b) Unity, cooperation, and mutual development;

c) The granting of commendation titles must be based on the results of the competition movement; all individuals and collectives participating in the competition movement must register for competition, set goals, and determine competition indicators; those who do not register for competition will not be considered or recognized for commendation titles.

b) A single form of reward may be given multiple times to the same recipient; multiple forms of reward shall not be given for a single achievement;

a) Rewards must ensure accuracy, transparency, fairness, democracy, and timeliness based on a correct assessment of the performance of collectives and individuals; quality according to standards is prioritized over quantity; rewards for individuals and collectives are not mandatory to follow a sequence from lower to higher forms of reward; achievements made under difficult conditions and with a wider impact will be considered and proposed for higher-level rewards;

b) A form of reward may be granted multiple times to the same recipient;

c) Ensure consistency between the nature, form, and recipient of commendation.

d) Combining spiritual encouragement closely with material incentives.

III. OBJECTS OF COMPETITION AND REWARD

1. Subjects of competition:

a) Individuals are civil servants, public officials, and employees working at units under the Ministry of Justice, local judicial agencies, and civil enforcement agencies;

Civil servants during their probation period, indefinite-term contractual staff, and contractual staff with more than one year of service who meet the criteria can also be considered for commendation titles according to regulations;

b) Units under the Ministry of Justice that have separate accounts and seals;

c) Units under the Ministry of Justice without separate accounts and seals (Departments);

d) Local judicial agencies: Departments of Justice, Justice Offices, Justice Boards;

đ) Provincial and district-level civil enforcement agencies;

e) Small collectives within the units specified in point b of this clause; small collectives within provincial Departments of Justice and provincial-level civil enforcement agencies;.

2. Objects of reward:

a) The objects specified in Clause 1 of this Section;

b) Individuals who are recipients of the Commendation Medal "For the Cause of Justice" as provided for in Clause 1, Section II, Part III of this Circular;

c) Individuals and collectives belonging to military region enforcement agencies and equivalent agencies, auxiliary judicial agencies, administrative judicial agencies, legal departments of ministries, agencies at the level of ministries, government agencies, specialized agencies under provincial People's Committees, state-owned enterprises, foreign agencies and organizations, and other individuals and collectives with outstanding achievements contributing to judicial work sectors shall be rewarded in batches;

IV. NATIONAL COMMENDATION TITLES AND FORMS OF REWARD

Regulations on awarding national commendation titles and forms of national reward; regulations on the amount of reward and other benefits for national commendation titles and forms of reward, and those of the justice sector shall be implemented in accordance with the laws on competition and reward.

Part II:

AWARDS AND STANDARDS FOR COMPETITION IN THE LEGAL SECTOR

I. AWARD TITLES

1. For individuals:

a) Outstanding Competitor in the Legal Sector;

b) Outstanding Grassroots Laborer;

c) Advanced Worker.

2. For groups:

a) Flag of Competition in the Legal Sector;

b) Excellent Labor Collective;

c) Advanced Working Collective.

II. STANDARDS FOR AWARD TITLES

1. Outstanding Competitor in the Legal Sector:

The subject eligible for the award of the title "Outstanding Competitor in the Legal Sector" is an individual with outstanding achievements among those who have continuously received the title of "Outstanding Competitor at the Base Level" three times consecutively.

2. Outstanding Competitor at the Base Level:

The subject eligible for the award of the title "Outstanding Competitor at the Base Level" is an individual meeting the following criteria:

a) Meeting the standards for the title "Advanced Worker";

b) Having innovative ideas or solutions to improve working methods, administrative procedures, productivity, and work efficiency recognized by the Scientific Council (Innovation Council) at the base level.

The establishment of the Scientific Council (Innovation Council) is decided by the authority responsible for awarding the title of "Outstanding Competitor at the Base Level".

3. Advanced Worker:

The subject eligible for the award of the title "Advanced Worker" is an individual meeting the following criteria:

a) Successfully completing assigned tasks with good quality and effectiveness;

b) Adhering to internal regulations and policies of the organization, Party guidelines, and state laws; having a spirit of self-study to enhance professional skills; overcoming difficulties to complete tasks; fostering unity and mutual assistance among colleagues; actively participating in competition movements.

c) Actively studying politics, culture, professional knowledge, and vocational skills.

d) Having a healthy lifestyle and moral conduct.

4. Flag of Competition in the Legal Sector:

The subject eligible for the award of the Flag of Competition in the Legal Sector is a collective meeting the following criteria:

a) Exceeding set competition targets and assigned tasks for the year; being a model of excellence in the sector;

b) Having new factors or models that other collectives under the Ministry, sector, agency equivalent to a ministry, government agency, central mass organizations, provinces, and centrally-administered cities can emulate.

c) Internal unity, actively practicing thrift, combating waste, corruption, and other social evils.

5. Excellent Working Collective:

The subject eligible for the award of the title "Excellent Working Collective" is a collective meeting the following criteria:

a) Being creative, overcoming difficulties to excellently complete tasks and fulfill all obligations to the State;

b) There is a regular, practical, and effective competitive movement;

c) All individuals within the collective completing their assigned tasks, of which at least 70% have achieved the title "Advanced Worker";

d) Having individuals who have received the title "Outstanding Competitor at the Base Level" and no individuals disciplined with warnings or higher;

đ) Internal unity, exemplary adherence to Party guidelines and state laws.

6. Advanced Working Collective:

The subject eligible for the award of the title "Advanced Working Collective" is a collective meeting the following criteria:

a) Successfully completing assigned tasks and plans;

b) Having a regular, practical, and effective competition movement;

c) More than fifty percent of individuals in the collective achieve the title of "Advanced Worker," and there are no individuals disciplined with a warning or higher;

d) Internal unity and strict adherence to the policies and laws of the Party and State.

Part III:

FORMS OF RECOGNITION AND STANDARDS FOR RECOGNITION IN THE LEGAL SECTOR

I. FORMS OF RECOGNITION

1. Commemorative Medal "For the Legal Cause";

2. Certificate of Merit from the Minister of Justice;

3. Letter of Commendation from the Head of the Agency or Unit.

II. STANDARDS FOR RECOGNITION

1. Commemorative Medal "For the Legal Cause":

Implemented according to Decision No. 101/2005/QĐ-BTP dated March 2, 2005, issued by the Minister of Justice on the issuance of the Commemorative Medal "For the Legal Cause", and the Regulation on the Awarding of the Commemorative Medal "For the Legal Cause" attached to Decision No. 102/2005/QĐ-BTP dated March 2, 2005, issued by the Minister of Justice, which has been amended and supplemented according to Decision No. 1282/2005/QĐ-BTP dated June 17, 2005, issued by the Minister of Justice.

2. Certificate of Merit from the Minister of Justice:

a) Is a form of recognition for individuals and collectives specified in Clause 1, Section III, Part I of this Circular during the annual work summary;

Individuals and collectives eligible for the Certificate of Merit from the Minister of Justice during the annual work summary must meet the following criteria:

- For persons:

+ Excellently completing tasks and civic duties;

+ Having good moral character, unity, and exemplary adherence to Party guidelines and state laws;

+ Actively studying to enhance professional knowledge and skills.

- For collectives:

+ Excellently completing tasks;

+ Internal unity, effectively implementing grassroots democracy, actively responding to competition movements;

+ Ensuring material and spiritual living standards within the collective, practicing thrift, and combating waste;

+ Properly implementing all systems and policies for all members of the collective;

+ Clean and strong Party organizations and mass organizations.

b) The Certificate of Merit from the Minister of Justice is also a form of recognition for individuals and collectives specified in Clause 1 and Point c, Clause 2, Section III, Part I of this Circular who have outstanding achievements or when concluding a campaign or competition movement launched by the Ministry of Justice, achieving outstanding results recognized or highlighted as exemplary people and deeds with educational value in the sector.

3. Letter of Commendation from the Head of the Agency or Unit:

Is a form of recognition for individuals and collectives within agencies and units in the Legal Sector during the annual work summary; upon completion of a campaign or competition period; individuals and collectives with outstanding achievements; for exemplary individuals and deeds within the scope of activities of the agency or unit.

Individuals and collectives eligible for recognition during the annual summary must meet the following criteria:

a) For individuals:

- Successfully completing tasks and civic duties;

- Having good moral character, unity, and exemplary adherence to Party guidelines and state laws;

- Regularly studying to enhance professional knowledge and skills.

b) For collectives:

- Successfully completing tasks;

- Internal unity, effectively implementing grassroots democracy, organizing competition movements well;

- Caring for the material and spiritual living standards within the collective, practicing thrift;

- Fully implementing all systems and policies for all members of the collective.

PART IV:

AUTHORITY, PROCEDURES, AND FILES FOR PROPOSAL OF AWARD CONSIDERATION AND RECOGNITION

I. AUTHORITY TO DECIDE ON THE AWARDS OF ACHIEVEMENT TITLES AND RECOGNITION FORMS

1. The head of units under the Ministry of Justice decides to award individuals and collectives within their own units the following achievement titles and recognition forms:

a) Base-level Model Soldier title, Advanced Worker title;

b) Advanced Working Collective title;

c) Certificate of Merit.

The Director of the Department of Justice decides to award achievement titles and recognition forms to individuals and collectives within their own units according to the laws on awards and commendations, this Circular, and the guidance of the provincial People's Committee.

2. The head of the Civil Enforcement Agency at the provincial level decides to award individuals and collectives within their own units and individuals and collectives of the Civil Enforcement Agency at the district level the achievement titles and recognition forms mentioned in Clause 1 of this Section.

3. The Minister of Justice decides to award the following achievement titles and recognition forms:

a) Flag of Excellence for the Justice Sector;

b) Model Soldier of the Justice Sector title;

c) Excellent Working Collective title for agencies and units under the management authority of the Ministry of Justice and the Civil Enforcement Agency at the provincial level; small collectives within these agencies and units and the Civil Enforcement Agency at the district level;

d) Certificate of Merit from the Minister.

4. Matters concerning the awarding of achievement titles and recognition forms by the State:

The Minister of Justice reviews and submits to the competent authority to decide on the awarding of achievement titles and recognition forms by the State to individuals and collectives under the management authority of the Ministry of Justice and the Department of Justice.

II. PROCEDURES FOR PROPOSAL OF AWARD CONSIDERATION AND RECOGNITION

1. Recognition with simplified procedures:

Recognition with simplified procedures is applied to subjects who have outstanding achievements that are clear and sudden during their work process, serving political requirements, timely encouraging and motivating, setting examples for the general movement.

Depending on the achievements obtained, the form of recognition can be a Certificate of Merit from the Minister of Justice or a Certificate of Merit from the head of the agency or unit.

For cases with outstanding and sudden achievements with significant impact, meeting the criteria, proposals may be made to recognize them through simplified procedures for State recognition forms as stipulated generally.

2. Consideration of awards and commendations through general procedures:

Proposals for consideration of awards and commendations through general procedures in the Justice sector are carried out according to the laws on awards and commendations and the guidance of this Circular.

a) Joint review for awarding achievement titles and recognition forms:

Joint review for cases proposing to award medals, orders, national honorary titles, "Flag of Excellence of the Government", "Certificate of Merit from the Prime Minister" is implemented according to Article 84 of the Law on Awards and Commendations and Article 53 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 Awards and Commendations and the Law amending and supplementing certain provisions of the Law on Awards and Commendations.

b) Registration for excellence:

Based on the annual excellence achievements, individuals and collectives may be considered for an achievement title equal to or lower than the title registered at the beginning of the year if they do not meet the standards of that achievement title. In cases where individuals and collectives exceed the standards of the achievement title registered at the beginning of the year, they may be considered for a higher achievement title depending on the nature and degree of the achievements reached.

III. FILES FOR PROPOSAL OF AWARD CONSIDERATION AND RECOGNITION

1. Files for proposal of recognition for achievement titles and recognition forms decided by the head of the agency or unit as stipulated in Clause 1 and Clause 2 of Section I of this Part:

a) Files for cases proposing recognition for annual achievements and campaigns, movements include:

- Work achievement report of the individual or collective proposed for recognition;

- Minutes of the meeting of the Excellence and Commendation Council at the grassroots level;

- Confirmation document of the scientific council, grassroots-level innovation council regarding the innovation, solution of the individual proposed for the Base-level Model Soldier title (if applicable).

For agencies and units with small collectives, the files for recognition also include:

- Proposal for recognition of the head of small collectives (including the head of the Civil Enforcement Agency at the district level for cases proposing the head of the Civil Enforcement Agency at the provincial level to recognize), accompanied by a list of individuals and collectives proposed;

- Work achievement report of the individual or small collective, of the individual or collective of the Civil Enforcement Agency at the district level proposed for recognition must be confirmed, signed, stamped (if applicable) by the head of the small collective, the head of the Civil Enforcement Agency at the district level;

- Minutes of the meeting evaluating individuals and collectives meeting the prescribed standards proposed for recognition signed, stamped (if applicable) by the head of the small collective, the head of the Civil Enforcement Agency at the district level;

b) Files for cases proposing recognition through simplified procedures include:

- Work achievement report of the individual or collective proposed for recognition;

- Written opinion of the Standing Committee of the Excellence and Commendation Council at the grassroots level.

For agencies and units with small collectives, the files for recognition also include:

- Proposal for recognition of the head of small collectives (including the head of the Civil Enforcement Agency at the district level for cases proposing the head of the Civil Enforcement Agency at the provincial level to recognize), specifying the extent and scope of influence of the achieved achievements;

- Work achievement report of the individual or small collective, of the individual or collective of the Civil Enforcement Agency at the district level proposed for recognition must be confirmed, signed, stamped (if applicable) by the head of the small collective, the head of the Civil Enforcement Agency at the district level.

2. Files for proposal of recognition for achievement titles and recognition forms decided by the Minister of Justice as stipulated in Clause 3 of Section I of this Part:

a) Files for cases proposing recognition for annual achievements and campaigns, movements include:

- Proposal for recognition of the head of the agency or unit accompanied by a list of individuals and collectives proposed.

- The record of work achievements of individuals and collectives proposed for commendation must be confirmed, signed, and stamped (if applicable) by the Head of the agency or unit. For the record of work achievements of individuals and collectives of the People's Execution Office at the district level, and those of individuals and collectives under the People's Execution Office at the provincial level, it must also have the agreement, signature, and stamp of the Head of the People's Execution Office at the provincial level; for the record of work achievements of the collective of the People's Execution Office at the provincial level and the Head of the People's Execution Office at the provincial level, it must include a written comment by the Director of the Department of Justice; for the record of work achievements of individuals and organizations of the Legal System of Ministries, agencies equivalent to ministries, and agencies under the Government, it must have the agreement, signature, and stamp of the leadership of the Ministry or agency.

- The minutes of the meeting assessing individuals and collectives meeting the prescribed standards, signed and stamped (if applicable) by the Head of the agency or unit.

- The minutes of the meeting of the Commendation and Reward Council at the grassroots level.

- The proposal document and the minutes of the selection and promotion meeting of the regional competition conference for individuals and collectives under local judicial agencies proposed for Heroic Labor Medal, Flag of Excellence from the Government, National Model Worker, Flag of Excellence from the sector, and Sector Model Worker.

b) Files for cases proposing recognition through simplified procedures include:

- The report proposing commendation by the Head of the agency or unit, attached with a list of individuals and collectives proposed, clearly stating the extent and scope of influence of the achieved achievements.

- The record of work achievements of individuals and collectives proposed for commendation must be confirmed, signed, and stamped (if applicable) by the Head of the agency or unit. For the record of work achievements of individuals and collectives of the People's Execution Office at the district level, and those of individuals and collectives under the People's Execution Office at the provincial level, it must also have the agreement, signature, and stamp of the Head of the People's Execution Office at the provincial level; for the record of work achievements of the collective of the People's Execution Office at the provincial level and the Head of the People's Execution Office at the provincial level, it must include a written comment by the Director of the Department of Justice. For the record of work achievements of individuals and organizations of the Legal System of Ministries, agencies equivalent to ministries, and agencies under the Government, it must have the agreement, signature, and stamp of the leadership of the Ministry or agency.

- Written opinion of the Standing Committee of the Excellence and Commendation Council at the grassroots level.

3. The number of files proposed for examination and commendation:

The number of files proposed for examination and commendation for commendation titles and forms of reward within the authority of the Minister of Justice shall consist of one original file sent to the Commendation and Reward Council of the Judicial Sector (through the Department of Competition and Reward of the Ministry of Justice).

IV. TIME FOR COMPETITION AND REWARD EXAMINATION

1. The examination of commendation titles and forms of reward on a regular basis is carried out in December each year. Files proposing the awarding of commendation titles and forms of reward within the authority of the Minister of Justice must be submitted to the Department of Competition and Reward of the Ministry of Justice before November 30 each year.

The Department of Competition and Reward of the Ministry of Justice advises the Minister to provide specific guidance on the time for examining commendation titles and forms of reward according to phases.

2. The time for examining national commendation titles and forms of reward is implemented in accordance with the provisions of the law on competition and reward.

3. In cases of outstanding achievements, immediately after achieving such achievements, units are responsible for preparing files to submit to competent authorities for decision on rewards.

V. SUPERVISION OF THE TRUTHFUL AND OBJECTIVE NATURE IN THE EXAMINATION OF COMPETITION AND REWARD

The supervision, inspection, and audit regarding the truthful, accurate, and objective nature in the examination of competition and reward for units, collectives, and individuals as stipulated in Section III Part I of this Circular shall be carried out as follows:

1. The Department of Competition and Reward of the Ministry of Justice implements guidance and urging agencies and units in the sector to carry out competition and reward work in compliance with the law, objectively, truthfully, and regularly inspect the implementation of regulations on reward policies; participate in audits and resolve complaints and denunciations related to competition and reward work according to the tasks and powers specified in Clause 5 and Clause 8 of Article 2 of Decision No. 1153/QĐ-BTP dated April 28, 2006 of the Minister of Justice.

2. The Inspectorate of the Ministry of Justice and the Inspectorate of the Department of Justice implement audits according to their authority on competition and reward work in the judicial sector when there are complaints and denunciations, and promptly advise and propose solutions to the Minister of Justice and the Director of the Department of Justice for resolution.

3. Implement a self-supervision mechanism among agencies, units, collectives, competition clusters, and supervision by mass organizations and competition and reward councils in organizing competitions, conducting examinations, and deciding to award commendation titles and forms of reward within their authority as prescribed.

4. Heads of agencies and units must bear responsibility for the examination of competition and reward in their units in accordance with the law.

Part V:

TASKS AND POWERS OF THE COMPETITION AND REWARD BOARDS AT ALL LEVELS AND REGIONAL COMPETITION MEETINGS

I. THE COMPETITION AND REWARD BOARD AT THE BASE LEVEL

1. The Competition and Reward Board at the base level performs the function of advising and assisting the Heads of agencies and units specified in Clause 1 and Clause 2, Section I, Part IV of this Circular on competition and reward work within their respective fields of activity.

2. The Competition and Reward Board at the base level has the specific tasks and powers as follows:

a) Assist the Head of the agency or unit to organize, guide, and direct the competition movement of the agency or unit to develop it strongly, correctly, and effectively;

b) Examine and submit to the Head of the agency or unit for rewarding the title of Advanced Labor Collective, Outstanding Competitor at the Base Level, Advanced Worker, and Certificate of Merit to collectives and individuals under the agency or unit;

c) Examine and submit to the Head of the agency or unit for deciding to report to the Competition and Reward Board of the Justice Sector to request the Minister of Justice to reward or for the Minister of Justice to report to competent authorities for considering rewards for commendation titles and other forms of reward not within the authority of the Head of the agency or unit;

For the proposal of the Competition and Reward Board of the provincial Enforcement Agency to report to the Competition and Reward Board of the Justice Sector to request the Minister of Justice to reward or for the Minister of Justice to report to competent authorities for considering rewards for commendation titles and higher forms of reward for the provincial Enforcement Agency collective, the Head of the provincial Enforcement Agency must have a written comment from the Director of the Department of Justice.

d) Examine and submit to the Head of the agency or unit for handling complaints, denunciations, and recommendations regarding competition and reward; examine and submit to the Head of the agency or unit for proposing competent authorities to revoke reward decisions in cases where violations of competition and reward regulations are discovered.

3. The Heads of agencies and units specified in Clause 1 and Clause 2, Section I, Part IV of this Circular decide to establish the Competition and Reward Board at the base level of their own agencies or units.

The Competition and Reward Board of the Department of Justice is organized and operates in accordance with laws on competition and reward, this Circular, and the guidance of the provincial People's Committee.

Based on the organizational structure and the number of civil servants in the agency or unit, the number of members of the Competition and Reward Board at the base level shall be from five to seven members, including the following components:

a) Chairperson: One Deputy Head of the agency or unit;

b) Vice-Chairperson: One Leader of the Trade Union organization of the agency or unit;

c) Secretary member: A staff member assigned to oversee competition and reward work of the agency or unit;

d) Members: Representatives of the Party Branch, representatives of the Ho Chi Minh Communist Youth Union, and other members who are key officials of the agency or unit decided by the Head of the agency or unit.

In case the number of members of the Competition and Reward Board according to the above provisions equals or exceeds half of the number of civil servants in the agency or unit, the number may be reduced to three members, including the components specified in points a, b, and one member being a representative of the Party Branch or a representative of the Ho Chi Minh Communist Youth Union specified in point d of this clause.

4. The Standing Body of the Competition and Reward Board at the base level includes the components specified in points a, b, and one member being a representative of the Party Branch or a representative of the Ho Chi Minh Communist Youth Union specified in point d of Clause 3 of this Section. In case the Competition and Reward Board consists of only three members, the Competition and Reward Board will simultaneously perform the functions of the Standing Body of the Competition and Reward Board.

II. THE COMPETITION AND REWARD BOARD OF THE JUSTICE SECTOR

1. The Competition and Reward Board of the Justice Sector performs the function of advising and assisting the Minister of Justice on competition and reward work within the Justice Sector.

2. The Competition and Reward Board of the Justice Sector has the specific tasks and powers as follows:

a) Assist the Minister of Justice to organize, guide, and direct the competition movement throughout the sector to develop it strongly, widely, correctly, and effectively;

b) Select individuals and collectives with outstanding achievements in the competition movement of the Justice Sector to submit to the Minister of Justice for deciding to award commendation titles and forms of reward within the authority of the Minister of Justice or for the Minister of Justice to report to competent authorities for considering awards for national commendation titles and forms of reward;

c) Examine and recommend the Minister of Justice to handle complaints, denunciations, and recommendations regarding competition and reward within the Justice Sector; examine and submit to the Minister of Justice for proposing competent authorities to revoke reward decisions in cases where violations of competition and reward regulations are discovered.

3. The organization and operation of the Competition and Reward Board of the Justice Sector are carried out in accordance with current regulations.

III. THE REGIONAL COMPETITION MEETING

1. Summarize and conclude the annual competition movement and propose directions for organizing the competition movement in the region; exchange experiences, build new models, and exemplary cases in the region; organize the signing of competition agreements between members and develop the competition movement strongly, widely, correctly, and effectively in the region.

2. Select and honor units and individuals with outstanding achievements in the region to propose for consideration of awarding the Flag of Excellence from the Government, the Flag of Excellence from the Justice Sector, National Outstanding Competitor, Outstanding Competitor in the Justice Sector, and Labor Hero through examining and evaluating the effectiveness of the organization and operation of the competition movement and self-assessment and scoring of competition.

3. The Department of Competition and Reward of the Ministry of Justice advises the Minister to issue guidelines on standards and scoring tables for competition.

Part VI:

FUND FOR COMPETITION AND REWARD

I. SOURCES OF FUNDS FOR THE COMPETITION AND REWARD FUND

The Competition and Reward Fund of the Justice Sector shall be formed from the State budget, from the reward fund of units under the Ministry, contributions from individuals and organizations within the country and abroad, and other lawful sources of income. Annually, the Ministry of Justice shall allocate up to a maximum of 15% of the total salary fund according to rank and grade for the number of officers and staff within the establishment and approved annual remuneration to serve as the source of funds for the Competition and Reward Fund of the Justice Sector.

II. USE OF THE COMPETITION AND REWARD FUND

The Competition and Reward Fund shall be used to directly serve competition and reward activities in accordance with the contents stipulated in Decree No. 121/2005/ND-CP dated September 30, 2005 and Circular No. 73/2006/TT-BTC dated August 15, 2006 of the Ministry of Finance guiding the establishment, management, and use of the Competition and Reward Fund pursuant to Decree No. 121/2005/ND-CP dated September 30, 2005 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.

III. GUIDANCE ON THE ESTABLISHMENT, MANAGEMENT, AND USE OF THE COMPETITION AND REWARD FUND

The Department of Competition and Reward of the Ministry of Justice shall take the lead and coordinate with relevant units to develop a circular providing detailed guidance on the establishment, management, and use of the Competition and Reward Fund of the Justice Sector and the financial expenditure system for competition and reward activities in compliance with the law, to be promulgated by the Minister to replace Circular No. 08/2001/TT-BTP dated December 18, 2001 of the Ministry of Justice on guiding financial management to implement the competition and reward system in the Justice Sector.

Part VII:

HANDLING VIOLATIONS AND SETTLING COMPLAINTS AND REPORTS REGARDING COMPETITION AND REWARD

Individuals or groups who report achievements untruthfully, conceal shortcomings to be eligible for rewards or conduct awarding of competition titles and reward forms not in accordance with the laws on competition and reward shall have their awards revoked or canceled, their certificates of competition titles, reward forms, and accompanying monetary rewards reclaimed, depending on the severity of the violation by the individual or group, by the authority responsible for granting rewards or by the competent state agency at the request of the authority responsible for granting rewards. In addition, depending on the nature and severity of the violation, the violator may also be subject to disciplinary action or criminal responsibility pursued; if damage is caused, compensation must be provided in accordance with the law.

The procedures, formalities, deadlines, and files for handling complaints and reports regarding competition and reward shall be carried out in accordance with the laws on complaints and reports.

Part VIII:

IMPLEMENTING PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Repeal Circular No. 05/2003/TT-BTP dated October 29, 2003 of the Ministry of Justice guiding competition and reward work in the Justice Sector; Clause 11, Article 2 of the "Regulation on Delegating Authority to the Director of the Provincial Justice Department under the Central Government to Manage Some Aspects of Organizational and Cadre Work of Civil Enforcement Departments at the Provincial and District Levels" issued together with Decision No. 1148/2005/QĐ-BTP dated May 18, 2005 of the Minister of Justice.

Any difficulties encountered during implementation should be promptly reported to the Ministry of Justice for study and resolution./.