Circular No. 07/2009/TT-BKH guiding the awarding of the Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam"

CIRCULAR

Guidelines for awarding the Commemorative Medal

"For the Cause of the Planning and Investment Sector of Vietnam"

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

Pursuant to the Law on Legislative Activities dated June 3, 2008;

Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 121/2005/ND-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Encouragement and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement and Reward;

The Ministry of Planning and Investment hereby issues guidelines for awarding the Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam" as follows:

PART I

GENERAL PROVISIONS

Article 1. Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam"

1. The Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam" (hereinafter referred to as the Commemorative Medal) is a form of reward of the Ministry of Planning and Investment to be awarded to individuals who have contributed to the construction and development of the Planning and Investment Sector, recognizing their achievements and merits; at the same time, encouraging, educating, and setting examples for civil servants, public officials, and employees to uphold traditions and strive to fulfill their political tasks well, contributing to the cause of building and defending the country.

2. The Commemorative Medal shall be awarded annually on the occasion of the Traditional Day of the Planning and Investment Sector (December 31) and may also be awarded exceptionally upon decision by the Minister of Planning and Investment.

Article 2. Scope of Regulation

This Circular stipulates the principles, recipients, criteria, documentation, procedures, authority to propose and decide, and organization of the awarding of the Commemorative Medal.

Article 3. Principles for awarding the Commemorative Medal

1. The Commemorative Medal shall be awarded once to each individual, with no posthumous awards.

2. The awarding of the Commemorative Medal must comply with the law; it must be conducted according to the correct recipients, criteria, and procedures set forth in this Circular, ensuring transparency, fairness, democracy, and timeliness.

Chapter II

RECIPIENTS, CRITERIA, AND CONDITIONS FOR THE AWARDING OF COMMENDATION PLAQUES

1. Leaders and former leaders of the Party and State; leaders of the Central Committee of the Vietnam Fatherland Front.

1. Leaders of the Party and State; leaders of central ministries, sectors, and mass organizations; leaders of provinces and centrally-administered cities; and leaders of state-owned economic groups and corporations established by the Prime Minister's decision who have made contributions to the development of the Planning and Investment Sector;

2. Individuals working in units under the Ministry of Planning and Investment; Provincial Departments of Planning and Investment, Industrial Park Management Boards, Export Processing Zones, and Economic Zones of provinces and centrally-administered cities (referred to as individuals working in the Planning and Investment Sector);

3. Individuals engaged in planning and investment work at district-level Finance and Planning Departments;

4. Individuals engaged in planning work at Bureaus, Departments, and Commissions (Planning, Investment, Finance and Planning, Planning and Finance) under central ministries, sectors, and mass organizations; and state-owned economic groups and corporations established by the Prime Minister's decision;

5. Foreign nationals and overseas Vietnamese who have made contributions to the development of the Planning and Investment Sector;

6. Other special cases decided by the Minister of Planning and Investment.

Article 5. Criteria and Calculation of Service Time for Awarding the Commemorative Medal

1. Individuals falling within the scope specified in Clause 2, Article 4 of this Circular must have served in the Planning and Investment Sector for at least 15 years and completed assigned tasks.

Service time is calculated from the date of the effective decision to accept or sign an indefinite-term employment contract; time spent studying or temporarily assigned to other duties until the decision to reaccept them is issued; and cumulative time spent on planning work in the organizations specified in Clause 3, Article 4 of this Circular.

2. Individuals falling within the scope specified in Clause 3, Article 4 of this Circular must have directly engaged in planning work for at least 15 years and completed assigned tasks.

3. Individuals and cases falling within the scope specified in Clauses 1, 4, and 5, Article 4 of this Circular do not calculate service time for the purpose of awarding.

Article 6. Conditions for awarding Commemorative Medals

1. Commemorative Medals shall not be awarded to individuals who have been disciplined at a level higher than a warning or expelled from the Party.

2. Individuals currently under disciplinary action may only be considered for Commemorative Medals after the completion of their disciplinary period. The time spent under discipline shall not be counted towards consideration for Commemorative Medals.

3. Commemorative Medals shall not be awarded to individuals during the period they await disciplinary action.

Chapter III

PROCEDURE FOR AWARDING, APPLICATION FORMS AND ORGANIZATION OF THE PRESENTATION OF COMMEMORATIVE MEDALS

Article 7. Procedure for awarding Commemorative Medals

1. The Department of Mobilization and Reward Work of Ministries, sectors, central mass organizations; State-owned corporations and economic groups established by Decision of the Prime Minister shall receive applications from units, compare them with standards, compile lists, report to the Mobilization and Reward Council and the leadership of the same-level agency for consideration and recommendation to the Minister of Planning and Investment to award Commemorative Medals.

2. The Department of Mobilization and Reward Work of Provincial Departments of Planning and Investment shall receive applications, compare them with standards, compile lists (including provincial and municipal leaders) and report to the Mobilization and Reward Council and the leadership of the same-level agency for consideration and recommendation to the Minister of Planning and Investment to award Commemorative Medals.

3. The Department of Mobilization and Reward Work of Industrial Park Management Boards, Export Processing Zone Management Boards, and Economic Zone Management Boards of provinces and centrally-administered cities shall compare applications with standards, compile lists under their management, report to the Mobilization and Reward Council and the leadership of the same-level agency for consideration and recommendation to the Minister of Planning and Investment to award Commemorative Medals.

4. Agencies and units having working relations with individuals falling within the scope defined in Clause 4 and 5 of Article 4 of this Circular shall send application files to the Mobilization and Reward Department for review opinions from related agencies and units, then submit to the Minister of Planning and Investment for consideration and awarding of Commemorative Medals.

Article 8. Files for considering the awarding of the Commendation Medal

1. Application form for awarding Commemorative Medals from the unit (Form No. 1).

2. List of individuals proposed for awarding Commemorative Medals (Form No. 2).

3. Summary of achievements and work history of the individual, confirmed by the head of the unit managing the staff; for retired individuals, confirmation by the agency that decided on retirement (Form No. 3).

4. Minutes of the Mobilization and Reward Council meeting at the reporting level.

5. Copies of decisions on rewards, disciplinary actions, and removal of disciplinary actions related to the awarding of Commemorative Medals.

Article 9. Time for submission of application files for awarding Commemorative Medals

1. Each year, the heads of agencies and units specified in Clause 1, 2, and 3 of Article 7 of this Circular shall organize reviews, prepare application files, and submit them to the Mobilization and Reward Council of the Ministry of Planning and Investment (Mobilization and Reward Department, Ministry of Planning and Investment) before October 1st.

2. For individuals specified in Clause 4 and 5 of Article 4 of this Circular, the application file submission deadline must be at least 10 working days prior to the expected presentation date of the Commemorative Medal.

Article 10. Organization of the Presentation of Commemorative Medals

1. Heads of agencies and units under the Planning and Investment Sector shall organize the presentation of Commemorative Medals during the anniversary of the Planning and Investment Sector on December 31 each year.

2. Heads of agencies and units specified in Clause 1, 3, 4, and 5 of Article 4 of this Circular shall organize the presentation of Commemorative Medals based on specific circumstances.

Chapter IV

OTHER PROVISIONS

Article 11. Rights and responsibilities of individuals receiving the Commendation Medal

1. Individuals who receive the Commendation Medal and the Certificate of Commendation issued by the Ministry of Planning and Investment.

2. Individuals awarded the Commendation Medal shall be responsible for continuing to uphold and promote the traditions of the Planning and Investment Sector, serving as role models in implementing the policies, strategies, and laws of the Party and State.

Article 12. Handling violations, addressing complaints and denunciations

Organizations and individuals involved in proposing the awarding of the Commendation Medal shall be liable under the law for the accuracy of the application dossier.

Organizations and individuals have the right to complain and denounce matters related to the awarding of the Commendation Medal in accordance with the Law on Complaints and Denunciations and the Law on Encouragement and Reward. The authority to resolve complaints and denunciations shall be carried out in accordance with the provisions of the law.

Article 13. Implementation Organization

1. The Ministry of Planning and Investment’s Award and Honor Council, heads of units under the Ministry; Directors of Provincial Departments of Planning and Investment, Heads of Industrial Park Management Boards, Export Processing Zone Management Boards, and Economic Zone Management Boards of centrally governed cities and provinces, and relevant agencies and units shall be responsible for implementing this Circular.

2. This Circular shall take effect 45 days from the date of signature. Previous regulations that conflict with this Circular shall be abolished.

3. During implementation, if there are any difficulties, agencies and units shall promptly report them to the Ministry of Planning and Investment so that the Minister of Planning and Investment may consider, amend, and supplement them appropriately./.