This Circular details the implementation of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government on competition and rewards. It includes contents such as: criteria and application dossier for rewards; reward submission route; time of reward submission; use of competition and reward funds; revocation of reward decisions; deprivation of state honors; effectiveness of implementation. This Circular replaces Circular No. 02/2011/TT-BNV dated January 24, 2011 of the Ministry of Home Affairs.
Đối tượng áp dụng
This Circular applies to central and local ministries, sectors, and mass organizations in implementing competition and reward work.
Các điểm cốt lõi
- Specifies criteria and application dossier for rewards
- Determines reward submission route
- Time of reward submission
- Use of competition and reward funds
- Revocation of reward decisions when there is fraud in reporting achievements
- Deprivation of state honors when violating laws
🌐 Tác động xã hội từ văn bản này
- Improve the quality of competition and reward work
- Clarify the responsibilities of agencies in implementing competition and reward work
- Enhance transparency and efficiency in the use of competition and reward funds
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from October 15, 2014.
Which Circular does this replace?
This Circular replaces Circular No. 02/2011/TT-BNV dated January 24, 2011 of the Ministry of Home Affairs.
Toàn văn
CIRCULAR
Guidelines for implementing certain provisions of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards, and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards,
Decree No. 39/2012/ND-CP dated April 27, 2012 of the Government amending and supplementing certain provisions of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government,
and Decree No. 65/2014/ND-CP dated July 1, 2014 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2013.
Pursuant to the Law on Competition and Rewards dated November 26, 2003, the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2005, and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards dated November 16, 2013;
Pursuant to Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards;
Pursuant to Decree No. 39/2012/ND-CP dated April 27, 2012 of the Government amending and supplementing certain provisions of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government;
Pursuant to Decree No. 65/2014/ND-CP dated July 1, 2014 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2013;
_________________________
The Ministry of Home Affairs issues guidelines for implementing certain provisions of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards, Decree No. 39/2012/ND-CP dated April 27, 2012 of the Government amending and supplementing certain provisions of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government, and Decree No. 65/2014/ND-CP dated July 1, 2014 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2013.
Article 1. Principles of Competition and Rewards
The principles of competition and rewards shall be implemented in accordance with Article 3 of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government (hereinafter referred to as Decree No. 42/2010/ND-CP), Article 2 of Decree No. 65/2014/ND-CP dated July 1, 2014 of the Government (hereinafter referred to as Decree No. 65/2014/ND-CP), and the following principles:
1. For individuals, in one year, only one form of national reward or the title of "National Model Worker" may be proposed.
Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
2. Ministers, heads of ministerial-level agencies, central government agencies, central sectoral bodies, and mass organizations may only award rewards to collectives and individuals under provincial management when launching competitions on specific topics.
Article 2. Forms of Organizing Competitive Movements
1. Regular competition is a form of competition based on the functions and tasks assigned to individuals and collectives to organize and launch, aiming to perform daily, monthly, quarterly, and annual work well at agencies, organizations, and units. The target of regular competition is individuals within a collective, collectives within the same agency, organization, or unit, or between units with similar functions, tasks, and nature of work.
The organization of regular competitive movements must clearly define the purpose, requirements, goals, specific indicators, and be implemented at agencies, organizations, units, or through competition groups to launch competitive movements, sign competition agreements. At the end of the working year, the head of the agency, organization, unit, or leader of the competition group will conduct a summary and evaluate the competition titles.
2. Special topic competition (or campaign-based competition) is a form of competition aimed at effectively completing key tasks determined within a specific period or organizing competition to strive to complete urgent tasks of the agency, organization, or unit. Agencies, organizations, and units can only launch special topic competition (or campaign-based competition) after clearly defining the purpose, requirements, indicators, contents, solutions, and time frame.
a) Special topic competition organized within a ministry, sector, province, or central mass organization, when conducting mid-term or final reviews, leaders of ministries, sectors, provinces, or central mass organizations implement rewards according to their authority. In cases where it is organized nationwide, when reviewing mid-term or final reviews of competitive movements lasting three years or more, outstanding and excellent collectives and individuals are selected to propose the Prime Minister for Commendation; five years or more, select collectives and individuals with particularly outstanding achievements to propose the President for the "Labor Medal" third class or "National Defense Medal" third class.
b) When organizing special topic competitive movements with a scope within a province or centrally-administered city or within a sector and field under a ministry, sector, or central mass organization lasting three years or more, ministries, sectors, provinces, or central mass organizations send plans to organize and launch competitive movements to the Central Steering Committee for Competition and Reward for consolidation and guidance on rewarding.
3. National rewards (Prime Minister's Commendation, Medals) shall not be awarded to collectives or individuals when ministries, sectors, provinces, or central mass organizations conduct mid-term or final reviews of the implementation of laws, decrees, or services for conferences, seminars, forums...
2. Competition on specific topics (or in phases) is a form of competition aimed at effectively fulfilling key tasks determined within a specified period of time or organizing competitions to strive to complete urgent and important tasks of agencies, organizations, and units. Agencies, organizations, and units shall only launch competitions on specific topics (or in phases) when they have clearly defined the objectives, requirements, targets, contents, solutions, and timeframes.
a) Competitions on specific topics organized within the scope of ministries, sectors, provinces, central mass organizations, when conducting mid-term reviews or final summaries, leaders of ministries, sectors, provinces, and central mass organizations shall implement awards according to their authority. In cases where competitions are organized nationwide, when reviewing and summarizing competition movements for three years or more, outstanding and excellent groups and individuals are selected to be recommended to the Prime Minister for consideration to award Merit Certificates; for five years or more, outstanding and exceptionally excellent groups and individuals are selected to be recommended to the State President for consideration to award third-class Labor Medals or third-class National Defense Medals.
b) When organizing competition movements on specific topics with a scope within provinces, centrally-administered cities, or within the scope of sectors and fields under ministries, sectors, and central mass organizations for a duration of three years or more, ministries, sectors, provinces, and central mass organizations shall send plans for organizing and launching competition movements to the Central Steering Committee for Competition and Awards for consolidation and guidance on awarding.
3. National awards (Merit Certificates from the Prime Minister, Medals) shall not be granted to groups or individuals when ministries, sectors, provinces, and central mass organizations conduct mid-term reviews or final summaries of the implementation of laws, ordinances, decrees, or services for conferences, seminars, forums...
Article 3. Content of organizing competitive movements
The content of organizing competitive movements shall be carried out in accordance with the provisions of Article 7 of Decree No. 42/2010/NĐ-CP and the following contents:
1. Competitive movements have themes and names that are easy to remember, easy to promote, and easy to implement; the content closely follows political tasks, key tasks, and urgent tasks to formulate specific, practical, and appropriate competitive movement contents and methods in line with the conditions and capabilities of participating agencies, organizations, units, and individuals.
2. Based on the content and targets of the competitive movement, criteria for evaluation shall be established in line with reality and serve as the basis for assessing and rewarding competitive achievements during interim and final reviews.
3. During the process of organizing and implementing, emphasis should be placed on directing pilot projects, urging progress, guiding, and inspecting. Enhance the responsibility and role of leaders in identifying, building, nurturing, promoting, and expanding exemplary models, new factors, and effective practices in competitive movements. Identifying exemplary models is a key task in organizing competitive movements.
Article 4. Title "National Model Competitor"
1. The title "National Model Competitor" is awarded annually to individuals who meet the standards specified in Clause 1 of Article 3 of Decree No. 65/2014/NĐ-CP.
2. The title "National Model Competitor" is awarded to individuals with outstanding and excellent achievements selected from those who have continuously achieved the title "Model Competitor at the Ministry, Department, Sector, Provincial Level, or Central Mass Organization Level" twice, including six consecutive years achieving the title "Model Competitor at the Grassroots Level".
3. The time for considering the title "National Model Competitor" is the year immediately following the second year in which the individual achieves the title "Model Competitor at the Ministry, Department, Sector, Provincial Level, or Central Mass Organization Level".
Article 5. Title "Grassroots Model Competitor"
The title "Grassroots Model Competitor" is awarded annually to individuals who meet the standards specified in Article 4 of Decree No. 65/2014/NĐ-CP. The ratio of individuals recognized with the title "Grassroots Model Competitor" is determined by ministries, departments, sectors, provincial levels, or central mass organizations, but it must not exceed 15% of the total number of individuals who have achieved the titles "Advanced Worker" or "Model Competitor".
Article 6. Titles "Advanced Labor Collective", "Advanced Unit", "Outstanding Labor Collective", "Victorious Unit"
1. The titles "Advanced Labor Collective", "Advanced Unit", "Outstanding Labor Collective", "Victorious Unit" are awarded annually during the year-end summary; the standards are implemented according to Article 17 of Decree No. 42/2010/NĐ-CP.
2. "Outstanding Labor Collective" and "Victorious Unit" are exemplary collectives chosen from among those that have achieved the titles "Advanced Labor Collective" and "Advanced Unit" based on the standards stipulated in Clause 1 and Clause 2 of Article 27 of the Law on Competitive Movements and Rewards in 2003. The subjects eligible for the titles "Outstanding Labor Collective" and "Victorious Unit" are determined by ministries, departments, sectors, provincial levels, or central mass organizations based on actual circumstances, according to the following principles:
a) For production and business units including enterprises, cooperatives... (excluding economic groups and holding companies) and subordinate units such as factories, departments, workshops.
b) For the Ministry level (department, sector, central mass organization) including departments, bureaus, offices, and equivalent units.
c) For the provincial level including departments, bureaus, and equivalent units under provincial-level departments, sectors, and mass organizations and equivalent units.
d) For the district level including departments, bureaus, and equivalent units; subordinate units of the district, People's Councils of communes, wards, towns.
đ) For public service units including schools, hospitals, and equivalent units; subordinate units such as departments, clinics.
Article 7. The title "Flag of Excellence of the Government"
The title "Flag of Excellence of the Government" shall be awarded to collectives meeting the standards prescribed in Article 6 of Decree No. 65/2014/NĐ-CP. The number of collectives proposed for the award of the "Flag of Excellence of the Government" shall not exceed 20% of the total number of collectives meeting the standards for the Flag of Excellence at the ministry, agency, sector, provincial, and central mass organization levels.
Article 8. The titles "Cultural Family", "Cultural Village, Hamlet, Commune, Ethnic Group, and Resident Ward"
The titles "Cultural Family", "Cultural Village, Hamlet, Commune, Ethnic Group, and Resident Ward" and equivalents shall be awarded annually to entities meeting the standards set forth in Articles 29 and 30 of the Law on Competition and Rewards in 2003. The Chairman of the People's Committee at the commune level shall organize the assessment and awarding of the title "Cultural Family" and select outstanding families among those receiving the "Cultural Family" title to be rewarded with money as stipulated in point c, Clause 2, Article 71 of Decree No. 42/2010/NĐ-CP.
Article 9. Responsibilities of ministries, agencies, sectors, provinces, and central mass organizations towards collectives and individuals awarded national rewards and the title "National Model Worker"
Ministries, agencies, sectors, provinces, and central mass organizations shall have the responsibility to promote and honor exemplary models and arrange for collectives and individuals awarded national rewards and the title "National Model Worker" to exchange experiences within ministries, agencies, mass organizations at the central level, and provinces and centrally-administered cities.
Article 10. Types of rewards
Clause 1. Awards based on achievements and merits are forms of recognition given to collectives and individuals who have achieved outstanding results in the implementation of tasks related to building and defending the country.
2. Thematic rewards (or campaign rewards) are rewards given to collectives and individuals who achieve outstanding results after the completion of a campaign initiated by the President, Prime Minister, Ministers, Chairmen of People's Committees at all levels, and heads of agencies, organizations, and units.
3. Unexpected rewards are rewards given to collectives and individuals who achieve unexpected results in labor, production, combat, support for combat; bravery in rescuing people and state property (unexpected results are achievements made in unforeseen circumstances outside the normal work plan that the collective or individual must undertake).
4. Rewards for dedication during the course of service are rewards given to individuals who have participated in various stages of the revolution (holding leadership positions in state agencies, public institutions, political organizations, and socio-political organizations) and have made significant contributions to the revolutionary cause of the Party and the nation.
5. Annual rewards are rewards given to individuals in the Vietnam People's Army and the Vietnam People's Public Security Force who have achieved results and served for a certain period in building the people's armed forces.
6. Diplomatic rewards are rewards given to collectives and individuals from foreign countries who have made contributions to the construction and defense of the Socialist Republic of Vietnam in fields such as politics, economy, culture-society, security, defense, diplomacy, or other fields.
Article 11. Rewards for dedication during the course of service
1. The criteria for time spent in service for rewards for dedication are implemented as follows:
a) Cadres participating in revolutionary activities before 1945 are those who began participating in the revolution on or before December 31, 1944, or were admitted to the Party before August 19, 1945, recognized by competent authorities.
b) Pre-revolutionary cadres are those who participated in revolutionary activities from January 1, 1945, to August 19, 1945, recognized by competent authorities.
c) Cadres continuously active in two anti-French and anti-American resistance wars are those who have worked continuously from August 19, 1945, to April 30, 1975.
d) Cadres active during the anti-French resistance war are those who have worked continuously from August 19, 1945, to July 20, 1954.
đ) Cadres active during the anti-American resistance war are those who have worked continuously from July 20, 1954, to April 30, 1975.
e) Cadres active during the period of building and defending the country are those who have worked since April 30, 1975, to the present.
2. Implementation of the examination and recommendation for rewards for individuals with a record of dedication when they complete their duties well, reach retirement age, or retire without having been rewarded (including cases where they have died).
3. Regarding the duration of holding positions, it is implemented as follows:
a) Individuals who have held high-level positions but do not meet the time requirement for rewards according to the standard for that position may be combined with the time spent in lower-level positions to meet the reward standard for the next lower position.
b) Individuals who hold multiple positions simultaneously shall be considered based on the highest position for reward standards.
c) For cases where cadres are transferred or reassigned by authorized bodies to lower positions before transfer or reassignment, when considering rewards, the position before transfer or reassignment shall be taken into account, and the continuous time in that position shall be considered for reward recommendations.
4. Conditions for applying rewards are as follows:
a) No rewards shall be given to individuals expelled from the Party, dismissed from employment due to disciplinary action; stripped of military rank or professional rank, or declared guilty by a court. If a cadre expelled from the Party later corrects their mistakes, strives, and is readmitted to the Party and meets the required standards, they may be considered for rewards.
b) One level lower reward shall be given to individuals previously expelled from the Party and later readmitted, and those: demoted, reduced in rank, reduced in pay grade, or warned. The disciplinary measures of an individual shall only be considered once for each type of reward (subsequent reward examinations shall not be based on previous disciplinary actions).
5. Individuals under the management of the Politburo and the Secretariat of the Central Committee of the Communist Party of Vietnam (including retired cadres and those who have passed away), working at central agencies or organizations or at localities, based on the party member's file (or cadre management file if they are not party members) regarding their work history and achievements, the agency responsible for commendation and reward shall cooperate with the Central Organization Department, the Provincial or Municipal Party Committee Organization Department, or the Cadre and Civil Servant Organization Department of Ministries, sectors, and mass organizations to establish files for cases meeting the criteria, report to the Party Committee for review and confirmation of work history, forms of commendation and disciplinary measures (if any); on this basis, the Minister, head of a ministry-level agency or agency under the Government, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Director of the National Assembly Office, Director of the President's Office, Secretary-General of the Communist Party of Vietnam Central Committee, State Auditor General, Heads of Sectors and Organizations, and leaders of central agencies of the Vietnam Fatherland Front and other mass organizations, and Chairmen of provincial and municipal People's Committees directly under the Central Government shall submit to the Prime Minister. The request for opinions from the Central Organization Department or reporting to the Government Party Committee shall be carried out by the Central Department of Commendation and Reward.
Article 12. Equivalent Positions
Regarding the provisions on equivalent positions for commendation and reward, the following shall be implemented:
1. An equivalent position is a position appointed by the competent authority for cadres and civil servants (or recognized as holding elected positions) engaged in leadership and management work in state agencies, public institutions, political organizations, and political-social organizations.
2. The competent authority to decide (or recognize):
At the central level: the Politburo, the Secretariat of the Central Committee of the Communist Party of Vietnam, the President, the Prime Minister, Ministers, heads of ministries and agencies under the Government, and heads of sectors, organizations at the central level.
At the local level: the Provincial or Municipal Party Committee Standing Committee, Chairmen of provincial and municipal People's Committees directly under the Central Government.
3. Equivalent positions:
a) Equivalent positions to that of Minister include: Director of the Ho Chi Minh National Academy of Politics, Editor-in-Chief of the Communist Review, Editor-in-Chief of the People's Newspaper, Secretary of the Party Committee of the Central Affiliated Sector; Member of the Standing Committee of the National Assembly, Chairman of the Ethnic Council of the National Assembly, Chairman of the National Assembly's Committees, Chairman of the Vietnam Academy of Science and Technology, Chairman of the Vietnam Academy of Social Sciences; Deputy Chairman and Secretary-General of the Central Committee of the Vietnam Fatherland Front; Deputy Secretary of the Municipal Party Committee, Chairman of the People's Council, People's Committee of Hanoi and Ho Chi Minh City.
b) Equivalent positions to that of Deputy Minister, Deputy Head of a Party Department, Deputy Head of a Central Mass Organization include: Deputy Secretary-General of the Central Committee; Deputy Head and Member of the Central Inspection Committee; Deputy Director of the Ho Chi Minh National Academy of Politics; Secretary of the Party Committee of Overseas Affairs, Deputy Editor-in-Chief of the People's Newspaper, Deputy Editor-in-Chief of the Communist Review, Deputy Secretary of the Party Committee of the Central Affiliated Sector, Director of the National Political Publishing House; Deputy Chairman of the Ethnic Council of the National Assembly, Deputy Chairman of the National Assembly's Committees, Deputy Chairman of the National Assembly Office, Deputy Chairman of the President's Office; Deputy Chairman of the Government Office; Deputy Head of ministries and agencies under the Government; Assistant to the General Secretary, President, Prime Minister, Chairman of the National Assembly; Chairman of the Vietnam Chamber of Commerce and Industry, Chairman of the Vietnam Friendship Association; Member of the Municipal Party Committee Standing Committee, Deputy Chairman of the People's Council, People's Committee of Hanoi and Ho Chi Minh City.
Deputy Chief Justice of the Supreme People's Court, Deputy Procurator General of the Supreme People's Procuracy; Deputy Chairman of the Vietnam Academy of Science and Technology, Deputy Chairman of the Vietnam Academy of Social Sciences; General Director of the Vietnam News Agency, General Director of Vietnam Television, General Director of Voice of Vietnam Radio; Head of agencies, Bureau Chiefs of agencies under the Government; Secretary of the Central Youth Union of Ho Chi Minh Communist Youth.
c) Equivalent positions to that of Director-General (Director) include: Leadership and management positions appointed by the competent authority and currently enjoying a leadership and management post allowance of 0.9 to 1.25 (or 0.8 according to Decree No. 25/CP dated May 23, 1993 of the Government on the temporary new salary system for civil servants, administrative and public service officials, and armed forces personnel); leadership and management positions classified under the salary scale with monthly salaries of 533, 576, 621 dong according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers on improving the salary system for workers, officials, and armed forces personnel; leadership and management positions classified as Director-General (Director) before 1985.
d) Equivalent positions to that of Deputy Director-General (Deputy Director) include: Leadership and management positions appointed by the competent authority and currently classified under the leadership post allowance of 0.8 (or 0.6 according to Decree No. 25/CP dated May 23, 1993 of the Government on the temporary new salary system for civil servants, administrative and public service officials, and armed forces personnel); leadership and management positions classified under the salary scale with monthly salaries of 474, 513, 555 dong according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers on improving the salary system for workers, officials, and armed forces personnel; leadership and management positions classified as Deputy Director-General (Deputy Director) before 1985.
đ) Equivalent positions to that of Deputy Chairman of the Provincial or Municipal People's Committee directly under the Central Government include: Member of the Provincial or Municipal Party Committee Standing Committee; Deputy Chairman of the People's Council, Deputy Head of the Full-time Delegation of the National Assembly of the province or municipality directly under the Central Government.
e) Equivalent positions to the Director of a Department, leaders of provincial-level mass organizations including: Leadership and management positions appointed or recognized (through elections) by competent authorities with a current position allowance equivalent to 0.9 (or 0.7 previously); leadership and management positions classified under the salary scale for positions with monthly salaries of 474, 513, and 555 dong according to the salary scale for positions stipulated in Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers on improving the wage system for workers, civil servants, and armed forces personnel, or classified at the Director of a Department's salary level before 1985.
g) Equivalent positions in the People's Army and the People's Public Security have separate regulations.
Article 13. Collective entities eligible for commendation with the "Gold Star Order" and the "Ho Chi Minh Order"
1. The "Gold Star Order" and the "Ho Chi Minh Order" shall be awarded to collective entities specified in Articles 7 and 8 of Decree No. 65/2014/NĐ-CP. Units equivalent to General Departments under Ministries are organizations and units directly under Ministries with large organizational scales, functions, tasks, and organizational structures prescribed by the Prime Minister or delegated by the Prime Minister to the Minister, Head of a Ministry-equivalent agency, or Government-affiliated agency to prescribe.
2. Collectives with special functions and tasks are those collectives with wide-scale influence in national defense, public security, science and technology, and other fields, or with secret operations to ensure political security, social order and safety, and economic and social development of the country.
Article 14. Conditions and criteria for commendation
1. Commendation criteria shall be implemented in accordance with Decree No. 42/2010/NĐ-CP and Decree No. 65/2014/NĐ-CP, ensuring appropriate application based on each level and type of achievement corresponding to results achieved in the movement of competition and contribution to the common cause of the country, ministry, sector, or locality; higher levels of commendation will be given for greater achievements, significant contributions, and wider influence; it is not necessary to follow a sequential order from lower to higher forms of commendation; previous achievements that have been commended will not be accumulated to increase the level of subsequent commendations.
2. For the "Gold Star Order" and the "Ho Chi Minh Order," which are prestigious Orders, the conditions and criteria for commendation must reflect a long-standing tradition and significant contributions to the revolutionary cause and national defense.
3. The time frame for commendation review, as stipulated from Article 7 to Article 20 of Decree No. 65/2014/NĐ-CP, shall be implemented as follows: A period of 25 years, 10 years, or 5 years shall serve as the time frame for recommending commendation for the next round, starting from the date of the previous commendation decision until the date of the subsequent recommendation, which must be at least 25 years, 10 years, or 5 years.
Recommendations for appropriate forms of commendation based on major national holidays, anniversaries, traditional days (even years, full years) of ministries, agencies, sectors, provinces, central mass organizations, or institutions, organizations, and units should be made in accordance with the achievements already attained.
4. Collectives not eligible for the Flag of Excellence Competition, the title of "Outstanding Labor Collective" (as stipulated in Clauses 18, 19, 20, 21, 22, and 23 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Competitions and Commendations in 2013) and the "Prime Minister's Certificate of Merit" (as stipulated in Clause 38 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Competitions and Commendations in 2013) shall be considered for commendation based on the achievements of their direct subordinate units, specifically: during the commendation review period (for example, 5 years), the collective must have at least two-thirds of its direct subordinate units achieving the title of "Advanced Labor Collective" or "Advanced Unit" and meeting the stipulated criteria.
5. Individuals who have been commended according to Circular No. 38-TT/TW dated October 25, 1984 and Circular No. 19-TT/TW dated February 27, 1988 of the Central Committee of the Communist Party of Vietnam (Fifth Congress), now compared with the criteria stipulated in Decree No. 42/2010/NĐ-CP and Decree No. 65/2014/NĐ-CP, if the commendation level is only equal to the previous level according to Circular No. 38-TT/TW, they will not be recommended for further commendation; if they meet the criteria for a higher level of commendation, they will be recommended for review and adjustment of the commendation level. Procedures and implementation shall be carried out in accordance with Decree No. 42/2010/NĐ-CP and Decree No. 39/2012/NĐ-CP.
For individuals who have been commended with the Independence Order according to Circular No. 38-TT/TW and Circular No. 19-TT/TW, and continue working and holding new positions in various agencies, organizations, and mass organizations, if they meet the criteria stipulated in the Law on Competitions and Commendations in 2003, the Law Amending and Supplementing Certain Provisions of the Law on Competitions and Commendations in 2013, Decree No. 42/2010/NĐ-CP, and Decree No. 65/2014/NĐ-CP, they may continue to be considered for commendation; the form of commendation may be higher, equal, or lower than the previous level according to Circular No. 38-TT/TW and Circular No. 19-TT/TW. Procedures and implementation shall be carried out in accordance with Decree No. 42/2010/NĐ-CP and Decree No. 39/2012/NĐ-CP.
Article 15. Certificates of Merit at the ministry, agency, provincial level, and central mass organizations to be awarded to families
The awarding of Certificates of Merit to families shall be carried out in accordance with Clause 3 of Article 24 of Decree No. 65/2014/NĐ-CP. Ministers, Heads of ministerial-level agencies, government agencies, central mass organizations, and Chairpersons of provincial People's Committees shall determine the contribution levels of families based on actual circumstances to ensure appropriate rewards.
Article 16. Commendation certificates to be awarded to families
The awarding of commendation certificates to families shall be carried out in accordance with Article 25 of Decree No. 65/2014/NĐ-CP. Heads of specialized agencies under provincial People's Committees; Chairpersons of district People's Committees; Chairpersons of commune People's Committees shall determine the contribution levels of families based on actual circumstances to ensure appropriate rewards.
Article 17. Ministry-level Awards Council
1. The Ministry-level Awards Council shall perform tasks and powers as stipulated in Article 28 of Decree No. 65/2014/NĐ-CP and shall advise the Minister, Heads of central mass organizations on establishing, defining tasks, powers, and composition for Awards Councils of subordinate ministries' agencies, organizations, and units.
2. For central ministries, agencies, and mass organizations that have not established Departments (Offices, Divisions) for Awards, the unit responsible for awards work shall serve as the permanent body of the Ministry-level Awards Council.
Article 18. Provincial Awards Council
The Provincial Awards Council shall operate according to the tasks and powers as stipulated in Article 29 of Decree No. 65/2014/NĐ-CP and shall advise the Chairman of the provincial People's Committee on establishing, defining tasks, powers, and composition for Awards Councils of subordinate provincial agencies, organizations, and units.
Article 19. Provisions on files and procedures
Files and procedures for proposing to confer titles of honor and forms of reward shall be implemented in accordance with Decree No. 39/2012/NĐ-CP and the following provisions:
1. Regulations on secret ballot results of the Awards Council when considering titles of "Advanced Worker" at the ministry, agency, provincial, and central mass organization levels, "National Advanced Worker," and the Council examining national honorary titles: "Heroic Laborer," "Heroic Armed Forces Soldier," Teacher, Doctor, Artist, Artisan (outstanding), Ho Chi Minh Prize, State Prize must be voted by the members of the Council through secret ballots and must achieve a voting rate of 90% or more, calculated based on the total number of Council members (if Council members are absent, their opinions will be obtained through ballots).
2. The head of the agency, organization, or unit with the authority to grant rewards or propose rewards to higher authorities shall be responsible for publicly announcing individuals and collectives proposed for rewards with Orders, honorary titles, Ho Chi Minh Prize, State Prize via information media under their management and processing information before submitting to higher authorities for rewards.
3. The Central Awards Council shall seek public opinion on the Central Awards Council's website for the title of "National Advanced Worker" and on the Government's website, People's Army Newspaper, and Labor Newspaper for Heroic titles within ten working days after receiving complete files in accordance with regulations (except in special cases).
4. Files for rewarding individuals (fishermen, ethnic minority people, farmers, workers...) and collectives with outstanding achievements in production and work discovered by the heads of agencies, organizations, and units for rewards shall include: A report attached with a list of proposed rewards and a summary of achievements prepared by the proposing agency, organization, or unit.
5. The process of conferring high-level Orders to cadres under the management of the Political Bureau and the Secretariat of the Communist Party of Vietnam Central Committee shall be carried out in accordance with Notification No. 193-TB/TW dated September 20, 2005 of the Political Bureau:
a) Based on the criteria specified in the Law on Awards and Commendations 2003, the Law Amending and Supplementing Certain Articles of the Law on Awards and Commendations 2013, and Decrees No. 42/2010/NĐ-CP and No. 65/2014/NĐ-CP, ministries, agencies, provinces, and central mass organizations shall submit to the Prime Minister through the Central Awards Council, which will report to the Government's Party Central Committee Organizational Department. Based on the opinion of the Government's Party Central Committee Organizational Department, the Central Organization Department will review and submit to the Political Bureau and the Secretariat for comments. Subsequently, the Central Awards Council will proceed with the necessary procedures to submit to the Prime Minister to present to the President for approval of rewards.
b) For the bestowal of the title of "National Advanced Worker," "Heroic Armed Forces Soldier," "Heroic Laborer," and the granting of various Orders to cadres under central management, the Central Awards Council shall seek the opinion of the Central Organization Department before submitting to the Prime Minister.
6. For the "National Unity Order": Based on the criteria set forth in Article 37 of Decree No. 42/2010/NĐ-CP, ministries, agencies, provinces, and central mass organizations shall examine and submit to the Prime Minister. The Central Awards Council shall compile the file and coordinate with the Central Committee of the Vietnam Fatherland Front before submitting to the Prime Minister.
7. Procedures, files, and conditions for foreign awards shall be carried out in accordance with current regulations of the Party and State.
8. Cadres who have retired and whose units have been dissolved or merged shall have the responsibility to consider and propose by the unit taking over the duties of that agency. For individuals who have retired (or died, passed away), the file for proposing rewards shall be completed and submitted to the competent authority by the cadre management agency prior to retirement (or death, passing away) in accordance with regulations.
Article 20. Commendation Procedures
The commendation procedures shall be implemented according to the provisions stipulated in Clauses 8, 9, 10, and 11 of Article 53 of Decree No. 42/2010/NĐ-CP and the following regulations:
1. Proposals for commendation forms for organizations and individuals engaged in party and mass organization work shall be carried out according to the following regulations:
a) For specialized teams and individuals responsible for party and mass organization work at central ministries, agencies, and mass organizations, the entity directly managing the staff and paying their salaries shall examine and decide on commendations or submit proposals for commendations to higher authorities.
b) For specialized teams and individuals responsible for party and mass organization work at provincial level that meet the criteria for commendation as prescribed, the party and mass organization entities directly managing them shall examine and propose commendations to the Chairman of the People's Committee of the province or centrally-administered city, or the Chairman of the People's Committee of the province or centrally-administered city may submit proposals for commendations to the Prime Minister or the President.
c) For specialized teams responsible for party and mass organization work at district level that meet the criteria for commendation as prescribed, the party and mass organization entities directly managing them shall examine and propose commendations to the Chairman of the People's Committee at the district level, who may decide on commendations or submit proposals for commendations to the Chairman of the People's Committee at the provincial level or to higher authorities.
2. Regarding trade union organizations.
a) The Vietnam General Confederation of Labor shall grant commendations and submit proposals for commendations to: Departments, units under the Vietnam General Confederation of Labor; Provincial-level Labor Unions; Central Trade Union Industry Associations; and specialized trade union officers receiving salaries from the trade union budget within the aforementioned units.
b) The People's Committees at the provincial level, central ministries, and agencies shall grant commendations and submit proposals for commendations to the following entities: District-level Labor Unions; Provincial-level Trade Union Industry Associations; Provincial-level Civil Servant Trade Unions; Industrial Zone Trade Unions; Trade Unions of State-owned Total Companies and equivalent entities; Grassroots Trade Unions; and specialized trade union officers receiving salaries from the trade union budget within the aforementioned units.
3. Commendation procedures for teams and individuals belonging to Economic Groups, State-owned Total Companies established by the Prime Minister's decision, Hanoi National University, and Ho Chi Minh City National University shall be carried out as follows:
a) The awarding of Certificates of Merit, Flags of Excellence, and the conferring of the title of "Outstanding Worker" at the ministry level for entities within Economic Groups, State-owned Total Companies, Hanoi National University, and Ho Chi Minh City National University shall be decided upon by the Minister in charge of overseeing the relevant sector or field.
b) Proposals for the awarding of "Certificates of Merit from the Prime Minister," "Flags of Excellence from the Government," Medals, and various types of Orders, as well as proposals for the conferring of the titles of "National Outstanding Worker," "Hero of Labor," and "Hero of the People's Armed Forces," based on recommendations from Economic Groups, State-owned Total Companies, Hanoi National University, and Ho Chi Minh City National University, shall be reviewed and submitted for approval by the Minister in charge of overseeing the relevant sector or field to the Prime Minister for consideration and awarding, or to the Prime Minister for submission to the President for consideration and awarding.
4. For teams and individuals belonging to Management Boards of industrial zones, economic zones, and export processing zones, the procedures shall be as follows:
The Director of the Management Board of the industrial zone, economic zone, or export processing zone shall decide on the awarding of the titles "Advanced Worker," "Advanced Team of Workers," and "Outstanding Worker at the Grassroots Level" and certificates of merit issued by the Director of the Management Board of the industrial zone, economic zone, or export processing zone. Based on the recommendations of the Director of the Management Board of the industrial zone, economic zone, or export processing zone, the Chairman of the People's Committee of the province or centrally-administered city (where the industrial zone, economic zone, or export processing zone is located) shall decide on the awarding of the titles "Excellent Team of Workers," "Outstanding Worker at the Provincial Level," and certificates of merit issued by the Chairman of the People's Committee at the provincial level, and submit proposals for commendations to the Prime Minister for consideration and decision-making, or to the President for commendations.
Article 21. Documents and Time for Submitting Proposals for Awards of Orders and Certificates of Merit by the Prime Minister and National Honorary Titles
1. The titles "Heroic Soldier of the People" and "Labor Hero" shall be reviewed every five years on the occasion of the National Patriotic Exemplary Congress at all levels, except in cases of outstanding achievements that are exceptionally remarkable.
2. The documents for proposing awards of Orders and "Certificates of Merit by the Prime Minister" shall be implemented according to Clause 4, Article 57 and Clause 2, Article 58 of Decree No. 42/2010/ND-CP and Decree No. 39/2012/ND-CP.
The documents for proposing awards of "Golden Star Order", "Ho Chi Minh Order", "Independence Order", "Military Service Order", "Labor Order", and "National Defense Order" for cadres with a long-term dedication through various revolutionary stages shall include: A report attached with a list of proposed awardees, a summary of their work history, the duration of each position held, forms of rewards and disciplinary actions received by the individual.
Article 22. Notification of Award Results
For collectives and individuals meeting the criteria for awards, within ten working days from the date of the award decision, the competent authority shall notify the unit submitting the award proposal.
For collectives and individuals not meeting the criteria for awards, within ten working days from the date the competent authority notifies, the competent authority must inform the unit submitting the award proposal. If the documents are not submitted along the correct channel, the competent authority shall notify and return the documents to the unit submitting the award proposal.
Article 23. Archiving of Award Documents
Ministries, sectors, and localities are responsible for archiving their own and grassroots-level award documents to facilitate document retrieval, handling of citizen complaints, or confirmation for beneficiaries when requested. The preservation regime for documents shall be carried out in accordance with the laws on archival management.
Article 24. Utilization of Competition and Reward Funds
1. The sources of formation, deduction rates, and utilization of competition and reward funds shall be implemented according to Articles 67 and 68 of Decree No. 42/2010/ND-CP and Circular No. 71/TT-BTC dated May 24, 2011 issued by the Ministry of Finance guiding financial management and implementation of competition and reward systems.
2. Regarding monetary rewards accompanying commendation titles and forms:
a) At the same time, for the same achievement, if an individual receives multiple commendation titles with different monetary rewards, they shall receive the highest monetary reward.
b) At the same time, if an individual receives multiple commendation titles achieved at different times, they shall receive the monetary rewards corresponding to each title.
c) At the same time, if an individual receives both a commendation title and a form of reward, they shall receive the monetary reward corresponding to the title and the form of reward.
Article 25. Documents and Procedures for Revoking Award Decisions
1. An individual who falsifies achievements to obtain awards of Orders, Medals, Certificates of Merit, or Commendations shall have their award decision revoked and the awarded items and monetary rewards shall be reclaimed.
2. Based on the conclusion of the competent authority determining that an individual has falsified achievements to obtain an award, the unit submitting the award proposal shall be responsible for requesting the competent authority to issue a decision to revoke the award.
3. The documents for proposing revocation of the award decision shall include:
a) A report from the direct unit submitting the award proposal for each type of award given to an individual.
b) A summary report explaining the reasons for requesting the competent authority to revoke the award decision.
4. After the decision to revoke the award is made, the unit submitting the award proposal shall be responsible for reclaiming the awarded items and returning them to the competition and reward management agency at the same level; the reclaimed monetary rewards shall be deposited into the state budget or the competition and reward fund as prescribed.
Article 26. Documents and procedures for revoking state honors and awards
1. Based on a legally effective decision of the Court or a conclusion from an authorized agency, central ministries, sectors, mass organizations, provinces, centrally governed cities that have submitted applications for conferring state honors and awards shall be responsible for handling procedures to submit to the Prime Minister for recommendation to the President to decide on revoking state honors and awards in cases of violations of the law.
2. After the President's decision, the awarding agency shall be responsible for recovering awarded items and submitting them to the same-level agency in charge of competition and reward work; the amount of money collected shall be deposited into the State budget or the competition and reward fund in accordance with regulations.
Article 27. Effective Date
This Circular takes effect from October 15, 2014, and replaces Circular No. 02/2011/TT-BNV dated January 24, 2011, issued by the Ministry of Home Affairs guiding the implementation of Decree No. 42/2010/NĐ-CP dated April 15, 2010, of the Government detailing the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward.
The Central Steering Committee for Competition and Reward shall coordinate with central ministries, sectors, mass organizations, provinces, centrally governed cities to guide and organize the implementation of this Circular./.
Văn bản gốc (PDF)
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: