Circular No. 07/2018/TT-BKHĐT guiding the work of competition and reward in the Planning and Investment sector

CIRCULAR

Guidelines for competition and reward work in the Planning and Investment sector

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

Pursuant to the Government Decree No. 91/2017/NĐ-CP dated July 31, 2017 detailing certain provisions of the Law on Competition and Reward;

Pursuant to the Government Decree No. 86/2017/NĐ-CP dated July 25, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of the Department of Competition and Reward and Communication;

The Minister of Planning and Investment issues this Circular guiding competition and reward work in the Planning and Investment sector,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides competition and reward work in the Planning and Investment sector including: Content of competition, organization of competition movements, standards for commendation titles; forms, subjects, standards for rewards; authority to decide rewards; procedures for rewarding; state management of competition and reward; competition and reward fund; rights and obligations of collectives and individuals receiving rewards; Competition and Reward Council.

Article 2. Applicability

1. Competitors

a) Regular competition includes collectives and individuals under the Ministry of Planning and Investment;

b) Special topic or phased competition includes collectives and individuals specified in point a of Clause 1 of this Article; Departments of Planning and Investment (hereinafter referred to as Departments), Management Boards of industrial zones, export processing zones, economic zones (hereinafter referred to as Boards), Financial and Planning Departments at district level; collectives and individuals working in the planning and investment field in agencies and units under Ministries, sectors, and departments.

2. Recipients of rewards

a) Subjects specified in Clause 1 of this Article;

b) Collectives and individuals inside and outside the country who have made significant contributions to the construction and development of the Planning and Investment sector in Vietnam.

Article 3. Principles of Competition and Reward

1. Principles of Competition

a) Voluntary, conscientious, public;

b) Unity, cooperation, and joint development.

2. Principles of Reward

a) Accurate, public, fair, timely;

d) Ensure gender equality in competition and reward activities;

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

d) Closely combine spiritual encouragement with material incentives.

d) Reward forms must be appropriate to the subjects, functions, and assigned tasks of collectives and individuals and the achievements they have attained;

e) Rewards must be based on conditions, standards, and achievements attained, not necessarily requiring lower-level rewards before higher-level ones. Emphasis should be placed on rewarding small collectives and individuals directly engaged in labor, production, study, work, or combat service;

g) Only results of comprehensive achievement rewards shall serve as grounds for awarding rewards or recommending higher authorities to award rewards. Results of phased competition movement rewards are recorded and prioritized when considering rewards or recommending higher authorities to award rewards;

When multiple individuals or collectives meet the conditions and standards, preference should be given to female individuals or collectives with a female ratio of 70% or more for consideration of rewards. For female leaders and managers, the tenure for consideration of rewards during their contribution period is reduced by one-third compared to the general regulations; in cases where the retirement age is higher than the general regulations, the tenure for consideration of rewards during their contribution period shall be implemented according to the general regulations;

The time for submitting the next reward application is calculated from the time of achievement recorded in the previous reward decision. In cases where the previous reward decision does not specify the time of achievement, the time for submitting the next reward application is calculated from the date of issuance of the previous reward decision;

Within one year, no more than two State-level reward forms may be recommended for one collective or one individual (except for outstanding and exceptional achievements; rewards for contribution periods; rewards according to anniversaries). Two types of Orders or granting both an Order and a Commendation from the Prime Minister for the same achievement are not recommended;

The evaluation and recommendation for rewards can only be conducted after the classification and assessment results of cadres, civil servants, and public officials of the unit have been obtained.

Article 4. Forms of Competition and Commendation

1. Regular competition is a form of competition based on the functions and tasks assigned to collectives and individuals, organized to promote the completion of daily, monthly, quarterly, and annual work of the unit.

The organization of regular competition movements must clearly define the purpose, requirements, goals, specific indicators, and be implemented within the unit or among competition clusters to launch competition movements and sign competition agreements. At the end of the year's work, the heads of agencies, organizations, units, and cluster leaders conduct summaries and evaluate competition titles.

2. Periodic (or thematic) competition is a form of competition aimed at completing key tasks or focusing on a specific field determined within a certain period, to strive to complete urgent key tasks of the unit. Competition is only launched periodically when the purpose, requirements, indicators, content, and solutions are clearly defined.

Periodic (thematic) competition is organized within the Ministry of Planning and Investment sector, when summarizing competition movements for three years or more, units select outstanding collectives and individuals for commendation or recommendation for commendation with the Prime Minister's Certificate of Merit; for five years or more, recommend commendation with the Labor Medal, third class.

Article 5. Types of Commendation

1. Commendation based on achievements and merits is a form of commendation for collectives and individuals who have outstanding achievements or have excellently completed assigned tasks, contributing to the cause of building and defending the country.

The level of excellent task completion for collectives and individuals is assessed, evaluated, and recognized by the commendation authority according to regulations.

2. Commendation based on periodic (or thematic) competition is commendation for collectives and individuals who achieve outstanding results after the completion of a competition period initiated by the President, Prime Minister, or ministers.

3. Immediate commendation is commendation for collectives and individuals who achieve outstanding results unexpectedly. (Unexpected achievements are those achieved outside the program, plan, or assigned tasks).

Extraordinary immediate achievements are unexpected achievements reached at an extraordinarily high level when courageously rescuing people or state property or achieving extraordinary results in fields recognized by regions or the world.

4. Commendation for dedication is commendation for individuals who have participated in activities during revolutionary stages, held leadership positions in state agencies, public institutions, political organizations, social-political organizations, and made significant contributions to the revolutionary cause of the Party and the nation.

5. Foreign relations commendation is commendation for foreign collectives and individuals who have contributed to the construction and defense of Vietnam in one of the following areas: politics, economy, culture, society, security, defense, diplomacy, or other fields.

Chapter II

ORGANIZATION OF COMPETITION MOVEMENTS AND STANDARDS FOR COMPETITION TITLES

Article 6. Organization and activities of the competition bloc

1. The competition bloc within the Sector shall be organized as follows:

a) Units under the Ministry include 08 blocs (Annex No. 03);

b) Departments include 07 blocs (Annex No. 04);

c) Committees include 07 blocs (Annex No. 05);

d) Units under the General Statistics Office include 04 blocs (Annex No. 06);

đ) Provincial Statistics Offices include 10 blocs (Annex No. 07).

2. Activities of the competition bloc

a) Annually, organize signing of competition pledges; establish specific competition criteria; elect bloc leaders and deputy leaders; select and honor outstanding units for commendation;

b) The bloc leader of the competition bloc, based on the competition movement initiated by the Ministry, shall lead and coordinate with the deputy bloc leaders and heads of units within the competition bloc to develop plans for organizing bloc activities, initiating and implementing regular competition movements, specialized competitions, periodic competitions, summarizing and concluding the competition movements; exchange experiences, promote and disseminate new models and exemplary cases within the bloc according to the regulations on the operation of the competition bloc;

c) When organizing periodic competition movements (specialized), the competition blocs and units within the Sector shall develop plans and report to the Ministry's Competition and Commendation Council.

Article 7. Content of organizing the competition movement

1. Clearly define the objectives, scope, and target groups of the competition; on this basis, set specific competition targets and contents. The determination of competition content and targets must be scientific, consistent with the reality of agencies, organizations, units, and localities, and feasible.

2. Based on the characteristics, nature of work, labor, profession, scope, and target groups participating in the competition, propose appropriate competition content and forms. Emphasize the promotion of the content and significance of the competition period, encouraging a sense of responsibility and self-awareness among the masses.

3. Implement measures to mobilize the masses to participate in the competition movement and monitor the implementation process. Organize pilot guidance to evaluate achievements, shortcomings, and limitations, and propose corrective measures to effectively guide and implement in the subsequent period.

4. Organize summaries, conclusions, and evaluations of the competition movement results, selecting outstanding collectives and individuals with remarkable achievements for commendation or recommending higher-level commendation. Promote publicity to highlight and honor exemplary models who have achieved outstanding results in the competition movement.

Article 8. Awards

1. For individuals including:

a) National Model Competitor;

b) Outstanding Soldier of the Ministry;

c) Grassroots Model Competitor;

d) Advanced Worker.

2. For collectives including:

a) Flag of Government Competition;

b) Flag of the Ministry;

c) Outstanding Labor Group;

d) Advanced Labor Group.

3. Awarding and rewarding commendations:

a) Collectives and individuals under the Ministry are awarded the commendations specified in Clause 1 and Clause 2 of this Article;

b) Departments and Committees are awarded the "Flag of the Ministry" and are evaluated according to the competition bloc.

Article 9. Title "National Outstanding Soldier"

1. The title "National Outstanding Soldier" shall be awarded to individuals with the most outstanding and exemplary achievements selected from those who have consecutively won the title of "Outstanding Soldier of the Ministry" twice.

2. Proposals or research topics for science that serve as the basis for awarding the title "National Outstanding Soldier" must be practically applied with high effectiveness and national-wide impact, and recognized by the Ministry's Invention Committee.

Article 10. The title "Outstanding Soldier at the Ministry Level"

Shall be awarded to individuals meeting the following criteria:

1. Having outstanding achievements among those who have continuously received the title "Outstanding Soldier at the Basic Level" for three consecutive times.

2. Proposing initiatives or scientific research topics at the ministry or provincial level that have been recognized and applied in practice with high effectiveness and influence within the Ministry and the Sector.

Article 11. The title "Outstanding Soldier at the Basic Level"

1. Shall be awarded annually to individuals meeting the following criteria:

a) Receiving the title "Advanced Worker";

b) Proposing initiatives to increase labor productivity or work efficiency, recognized by the basic unit, or having scientific research topics that have been accepted and applied in the agency or unit, completing tasks excellently as recognized by the unit.

2. The ratio of individuals receiving the title "Outstanding Soldier at the Basic Level" shall be determined based on actual circumstances but shall not exceed 15% of the total number of individuals receiving the title "Advanced Worker".

Article 12. The title "Advanced Worker"

1. Shall be awarded annually to individuals meeting the following criteria:

a) Completing assigned tasks well, achieving high productivity and quality;

b) Adhering well to the Party's policies and State laws, regulations of the Ministry of Planning and Investment; possessing self-reliance, solidarity, mutual assistance, and actively participating in competition movements;

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

Point d) Having good morals and a healthy lifestyle.

2. For individuals transferred to new units, the new unit shall be responsible for considering and electing the title "Advanced Worker." In cases where the individual has worked in the previous unit for six months or more, the opinion of the previous unit must be obtained. If the individual is temporarily assigned to another organization or unit, the decision on considering and electing the title "Advanced Worker" shall be made by the assigning organization or unit and confirmed by the receiving organization or unit.

3. Maternity leave as prescribed shall be counted towards the evaluation for the title "Advanced Worker."

4. Individuals sent for short-term training or enhancement domestically or abroad for less than one year, complying with the rules of the training or enhancement institution, shall have their study period counted towards their working time at the unit for the evaluation of the title "Advanced Worker." For individuals sent for training or enhancement domestically or abroad for one year or more, complying with the rules of the training or enhancement institution, and providing personal reports and academic results as grounds for awarding the title "Advanced Worker."

5. The title "Advanced Worker" shall not be awarded to individuals newly hired for less than ten months or disciplined with a warning or higher penalty.

Article 13. The flag "Competition Banner of the Government"

1. Shall be awarded to collectives meeting one of the following criteria:

a) Being an outstanding and exemplary collective leading among those receiving the Competition Banner at the ministry level; exceeding set competition targets and assigned tasks for the year; having innovative factors and models that serve as national examples.

b) Collectives standing out in thematic competition movements initiated by the President or Prime Minister, evaluated, considered, and honored during mid-term and final reviews for five or more periods.

2. The number of collectives proposed for the award of the "Competition Banner of the Government" shall not exceed 20% of the total number of collectives receiving the "Competition Banner at the Ministry Level."

Article 14. The title "Flag of Excellence at the Ministry Level"

1. To be awarded annually to collectives meeting the following criteria:

a) Exceeding the assigned targets and tasks for the year;

b) Being an outstanding exemplary collective in the competition movement of the Planning and Investment sector;

c) Having new factors and new models for other collectives within the Ministry and the Planning and Investment sector to emulate.

2. Recognition as the most outstanding collective to be awarded the Flag of Excellence at the ministry level must be approved through evaluation, assessment, and comparison according to the competition groups organized by the Ministry.

3. Number of evaluations

a) For regular annual commendation, the number of flags for each group of units under the Ministry, Departments, and Committees; Regions/Groups of Statistics shall be determined as follows:

Each group of units under the Ministry shall evaluate one flag;

Groups of Departments/Committees with up to ten units shall evaluate one flag; those with more than ten units shall evaluate two flags;

Regions/Groups (Statistics) with up to ten units shall evaluate one flag; those with more than ten units shall evaluate two flags.

Based on the results of annual tasks and work, the Minister will consider and decide on the specific number of flags based on the proposal of the Ministry's Competition and Commendation Council.

b) For special commendation

Based on the plan, content of the competition movement, duration of the competition, and actual achievements, the Minister will consider and decide on the specific number based on the proposal of the Ministry's Competition and Commendation Council.

Article 15. The title "Outstanding Labor Collective"

To be awarded annually to collectives meeting the following criteria:

1. Innovative, overcoming difficulties to excellently complete tasks and fulfill all obligations to the State.

2. Having a regular, practical, and effective competition movement.

3. All individuals in the collective completing assigned tasks, with at least 70% of individuals achieving the title "Advanced Worker."

4. Having individuals achieving the title "Model Worker at the Basic Level" and no individual being disciplined with a warning or higher.

5. Internal unity, exemplary compliance with Party policies and State laws. Party organizations and mass organizations recognized as clean and strong.

Article 16. The title "Advanced Labor Collective"

1. To be awarded to collectives meeting the following criteria:

a) Successfully completing assigned tasks and plans;

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

c) More than 50% of individuals in the collective achieving the title "Advanced Worker" and no individual being disciplined with a warning or higher;

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

2. For newly established agencies and units, they must have been operating for at least twelve months before being eligible for evaluation as an "Advanced Labor Collective."

Chapter III

FORMS AND CRITERIA FOR REWARDS

Article 17. Forms of Commendation

1. National-level commendation forms include:

a) Orders;

b) Medals;

c) State Honorary Titles;

d) Ho Chi Minh Award;

đ) State Award;

e) Certificate of Merit from the Prime Minister.

2. Commendation forms of the Ministry of Planning and Investment include:

a) Certificate of Merit from the Minister of Planning and Investment;

b) Commemorative Medal.

3. Commendation forms of unit heads authorized by classification: Certificate of Commendation

4. Criteria for awarding national-level commendation forms are implemented according to the provisions of Articles 14, 15, 16, 17, 18, 22, 23, 24, 32, 33, 36, 38, 41, 42 of Decree No. 91/2017/NĐ-CP.

Article 18. Criteria for the Certificate of Merit from the Minister

1. The Certificate of Merit from the Minister is awarded to individuals who are exemplary in complying with Party policies and State laws and meet one of the following criteria:

a) Achieving outstanding results in the competition movements of the Planning and Investment sector;

b) Making significant achievements with wide-ranging impact in one of the fields under the Planning and Investment sector;

c) Excellently completing tasks for two consecutive years or more during which time two recognized and effectively applied initiatives were implemented at the grassroots level;

d) Contributing to the construction and development of the Planning and Investment sector; for individuals retiring while consistently fulfilling their duties, they may be considered for commendation;

đ) Achieving outstanding results contributing to the construction and development of the unit on the occasion of celebrating (anniversary and odd five-year) establishment of the sector, units under the Planning and Investment sector;

e) Other cases as decided by the Minister of Planning and Investment.

2. The Certificate of Merit from the Minister of Planning and Investment is awarded to collectives that are exemplary in complying with Party policies and State laws, have internal unity, and meet one of the following criteria:

a) Achieving outstanding results recognized in competition movements;

b) Achieving outstanding and sudden results with wide-ranging impact in each field under the Planning and Investment sector;

c) Excellently completing tasks for two consecutive years or more;

d) Achieving outstanding results contributing to the construction and development of the unit on the occasion of celebrating (anniversary and odd five-year) establishment of the sector, units under the Planning and Investment sector;

3. Number of Certificates of Merit from the Minister

a) Units under the Ministry shall be evaluated and decided upon by the Ministry's Competition and Commendation Council according to the specified criteria.

b) Departments/Committees, based on the general criteria for the Minister's Certificate of Merit, the number of commendations annually shall not exceed three collectives and five individuals meeting the criteria of a Department/Committee.

c) Competition groups:

Groups with fewer than six units shall evaluate one certificate of merit;

Groups with six to nine units shall evaluate two certificates of merit;

Groups with ten units or more shall evaluate three certificates of merit.

d) For special commendation

Based on the plan, content of the competition movement, duration of the competition, and actual achievements, the Minister will consider and decide on the specific number based on the proposal of the Ministry's Competition and Commendation Council.

Article 19. Criteria for Certificates of Merit

The Certificates of Merit issued by the Heads of Units shall be implemented according to the provisions set out in Articles 74, 75, and Article 76 of the Law on Competition and Rewards.

Article 20. Commemorative Medals

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 granted by the Minister to individuals who have performed their duties well, have worked for a certain period at the Ministry, the Sector, or have contributed to the development of the Planning and Investment Sector.

2. The Commemorative Medal shall only be awarded once to each individual.

Article 21. Criteria for Awarding the Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam"

1. For individuals within the Planning and Investment Sector:

a) Heads of units under the Ministry, Directors of Departments, and Managers must have served two terms.

b) Individuals who have worked or are currently working in units under the Planning and Investment Sector must have a minimum service period of 20 years for males and 15 years for females in the Sector; individuals transferred from other sectors to the Planning and Investment Sector must have a service period of 20 years or more, including at least 10 years in the Sector.

The time individuals spend in the Sector on military service, as diplomats, in concentrated or long-term study programs, or on special assignments, followed by reassignment back to work in the Planning and Investment Sector, will be counted as continuous service in the Planning and Investment Sector; individuals disciplined with a warning or higher level of discipline will not have that disciplinary period counted towards their tenure for award consideration.

c) Cases where service tenure is not counted when considering awards:

Individuals who have been honored with the title of Hero of Labor; Orders of various types; National Model Worker; individuals honored with national-level titles while working in the Planning and Investment Sector; individuals who have received two Certificates of Merit from the Prime Minister; and individuals who are leaders of the Ministry.

2. For individuals outside the Planning and Investment Sector (Vietnamese citizens and foreigners):

a) Those who have made contributions in leadership and direction, contributing to the construction and development of the Planning and Investment Sector;

b) Those who have proposed innovative ideas or scientific research projects of practical value for the activities of the Planning and Investment Sector;

c) Those who have made contributions in building and consolidating cooperative relations between countries and international organizations and the Planning and Investment Sector;

d) Those who have provided support in spirit and material for the development of the Planning and Investment Sector.

3. Other special cases shall be considered and decided upon by the Minister of Planning and Investment.

Article 22. Procedures for Awarding Commemorative Medals

1. At all levels, the Competition and Reward Councils select individuals meeting the criteria. Based on the results of the Competition and Reward Council meetings at the same level, the Head of the Unit prepares files and lists of individuals eligible for the Commemorative Medal for the Minister's review and presentation of the Commemorative Medal.

2. The Heads of units under the Ministry, Department Directors, and Managers, based on the results of the Competition and Reward Council meetings at the same level, are responsible for preparing files and lists of individuals meeting the criteria for the Commemorative Medal for the Minister of Planning and Investment to decide.

Article 23. Situations Not Eligible for Consideration for Awards

1. Groups or individuals who are currently under investigation by competent authorities for disciplinary action or are being investigated, audited, or inspected due to suspected violations, or whose complaints or reports are still under verification.

Individuals who have been disciplined but are still within the disciplinary period; individuals who have been convicted but have not yet had their criminal record expunged.

2. In addition to the above regulations, individuals shall not be awarded the Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam" in the following situations:

a) Individuals who have already been awarded one of the following Commemorative Medals: the Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam," the Commemorative Medal "For the Cause of Statistics of Vietnam";

b) Individuals who voluntarily leave their units.

Chapter IV

 REGULATIONS ON ASSESSMENT, AUTHORITY TO DECIDE, PRESENTATION, AND PROPOSAL FILES

Article 24. Methods of assessment and conditions for recognizing commendation titles and award forms

1. Assessment methods

a) For units without hierarchical levels, meetings for assessment shall be held at the unit level and then submitted to the Minister for consideration and decision.

b) For units with hierarchical levels, meetings for assessment shall be held at the unit level, followed by the head of the unit considering and deciding on awards within their authority and submitting to the Minister of Planning and Investment for consideration and decision on awards within the Ministry's and State's authority.

c) For leaders of the Ministry, Party activities at which unit shall be proposed for commendation by that unit.

d) For heads of units under the Ministry, the Ministry’s Commendation and Award Council shall consider and submit to the Minister for decision.

đ) For Departments, Management Boards, and competition groups, meetings for assessment shall be held and then submitted to the Minister of Planning and Investment for consideration and decision.

e) For commendation titles and award forms requiring innovation, assessment shall only be conducted when individuals have received a decision recognizing the innovation. Innovations recognized during a certain period shall serve as the basis for commendation during that period.

2. Conditions for recognition

a) The title "Advanced Worker of the Ministry" and "National Advanced Worker" must be examined and voted on secretly by the Ministry’s Commendation and Award Council, with a voting rate of 90% or more based on the total number of council members present.

b) The title "Advanced Worker at the grassroots level" shall be voted on secretly with a voting rate of 70% or more based on the total number of eligible voters.

c) Meetings for assessing awards shall be conducted when at least two-thirds of the members of the Ministry’s Commendation and Award Council participate.

Article 25. Authority to decide on awards

1. The authority to decide on national-level awards shall be implemented according to the provisions of Articles 77 and 78 of the Law on Competition and Awards.

2. The Minister of Planning and Investment shall decide to confer the following commendation titles and award forms:

a) Ministry-level Flag of Merit;

b) Excellent Labor Collective;

c) Advanced Labor Collective;

d) Advanced Worker of the Ministry;

đ) Advanced Worker at the grassroots level;

e) Advanced Worker;

g) Certificate of Merit from the Minister;

h) Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam";

i) Delegating authority to the heads of units with hierarchical levels to decide to confer the titles "Outstanding Labor Collective" and "Advanced Labor Collective" for subordinate units;

3. Heads of units with hierarchical levels shall decide to confer the following commendation titles and award forms for collectives and individuals under their management:

a) Outstanding Labor Collective;

b) Advanced Labor Collective;

c) Grassroots Model Competitor;

d) Advanced Worker;

đ) Letter of Commendation.

Article 26. Organization of award presentation

1. The person authorized to decide on conferring a commendation title or award form shall directly present it or delegate someone else to present it according to the regulations on the ceremony for presenting commendation titles and award forms.

2. The ceremony for presenting national-level commendation titles and award forms: Orders, Medals, National Honorary Titles, "Ho Chi Minh Prize," "State Prize," "Flag of Merit of the Government," and "Certificate of Merit from the Prime Minister" shall be carried out according to the provisions of Decree No. 145/2013/ND-CP dated October 29, 2013 of the Government on organizing commemoration days; ceremonies for presenting awards and commendation titles, diplomatic rituals, and welcoming foreign guests.

3. The organization of award presentations for commendation titles and award forms is an opportunity to highlight and honor exemplary individuals and advanced models, ensuring solemnity and practicality while avoiding ostentation, formalism, and waste; when organizing, it should be combined with the annual work summary meeting of the sector, agency, or unit, or integrated with other contents to save time and costs.

4. The Department of Competition and Awards and Communication shall take the lead and coordinate with relevant agencies and units to advise and propose to the Minister regarding the organization of award presentations for national-level commendation titles and award forms and those within the Minister's authority.

Article 27. Procedures for Commendation and Awards

1. The Minister of Planning and Investment shall examine and submit to the Prime Minister for recommendation to the President to decide on awarding national commendations and awards to collectives and individuals under the Ministry of Planning and Investment in accordance with regulations. Publicly announce the list of collectives and individuals recommended for commendations and awards such as Orders and State Honorary Titles on the Ministry's electronic portal, and process information before submitting to the Prime Minister and the President for commendation and awards.

2. Heads of units under the Ministry shall complete files and send them to the Department of Mobilization and Awards and Communication for review, then submit to the Mobilization and Awards Council of the Ministry of Planning and Investment for examination and recommendation to the Minister of Planning and Investment to present commendations and awards within his authority. For individuals and collectives under their own agencies or units, they shall recommend the Minister to present commendations and awards to those under his management or supervision, or request the Minister to present Certificates of Merit to those under his management area, according to assigned tasks.

3. The Foreign Investment Department shall be responsible for submitting to the Minister for consideration and decision on commendations for individuals working in Vietnam’s representative offices abroad during their term of office.

4. The Director of the Department shall submit to the Minister for consideration and decision to present "Certificates of Merit from the Minister" to departments, equivalent levels, and individuals under their management; and county-level Planning and Finance Departments.

5. The Head of the Unit shall submit to the Minister for consideration and decision to present "Certificates of Merit from the Minister" to departments, equivalent levels, and individuals under their management.

6. The Heads of Mobilization Groups within the entire Sector shall submit to the Minister for consideration and decision to present the title "Sector Mobilization Flag" and "Certificates of Merit from the Minister" to members of the Group.

7. Commendations outside the Sector and international commendations shall be handled by relevant units within the Sector, who shall prepare files and submit to the Minister for consideration and decision.

8. Annually, the Department of Mobilization and Awards and Communication shall coordinate with the Ministry Office to prepare files for leaders of the Ministry to be examined and awarded in accordance with regulations by the Mobilization and Awards Council of the Ministry.

Article 28. Files for Commendation and Award Recommendations

1. Files for examining commendations and awards at the national level include:

a) Memorandum;

b) Minutes of meetings of the Mobilization and Awards Council at the grassroots level;

c) Reports on achievements of collectives and individuals recommended for commendation in accordance with the model prescribed in Decree No. 91/2017/NĐ-CP.

2. In addition to the files sent through official correspondence as stipulated in Clause 1 of this Article, the recommending agency or unit shall simultaneously send an electronic file of the recommendation (in .doc format for reports, lists, and achievement reports of collectives and individuals recommended for commendation, and in .pdf format for other related files) to the email of the Department of Mobilization and Awards and Communication ([email protected]).

3. Files for examining commendations and awards within the authority of the Minister include:

a) A report with a list of recommendations for commendation (one copy, Model No. 01);

b) Extracts from minutes of meetings for commendation assessment (one copy, Model No. 02);

c) Reports on achievements of collectives and individuals recommended for commendation (from Model No. 03 to Model No. 07);

d) For commendations and awards that require inventions, the file must include a decision recognizing the invention.

4. Simplified commendation procedures

a) Commendations under simplified procedures for collectives and individuals shall be implemented when the following conditions are met:

The commendation serves political requirements, timely encourages and motivates the masses; collectives and individuals have achieved outstanding and sudden accomplishments in work, labor, and study; the achievements and merits are clear.

b) Files for commendations under simplified procedures include:

A report with a list of individuals and collectives recommended for commendation according to Model No. 01 issued together with this Circular; A summary of achievements of the directly managing agency recording actions, achievements, and merits of individuals and collectives recommended for commendation under simplified procedures according to Model No. 06 issued together with this Circular.

5. Files for Commemorative Medals include:

a) For cadres in the Planning and Investment sector

A report with a list of individuals recommended for commendation (Model No. 01);

A record of the career of the individual (Model No. 07).

b) For cadres outside the Planning and Investment sector

A report with a list of individuals recommended for commendation (Model No. 01);

A summary of contributions to the development of the Planning and Investment sector by the individual confirmed by the recommending agency.

6. Principles for preparing files

a) Achievement reports and summaries of achievements of collectives and individuals recommended for commendation must be stamped with the seal of the recommending agency.

b) For agencies, organizations, and units with the obligation to pay state budget, when recommending commendations such as Mobilization Flags, Certificates of Merit, Outstanding Soldiers of Mobilization at the central ministry, department, central organization level, provincial, and centrally-administered city level, Outstanding Labor Collectives, and national commendations for collectives or individuals who are heads of units, the commendation file must include a confirmation letter from the competent tax management agency.

c) Commendations for enterprises subject to audit must include an audit report from a competent auditing agency for the past five years prior to the commendation recommendation. For enterprises not subject to audit, the basis for not being subject to audit must be stated in the achievement report.

c) The awarding of commendations to enterprises subject to audit must be based on the audit report of the competent auditing authority for a period of five years or more prior to the time of the commendation request. For enterprises not included in the audit report, the achievement report must state the basis for their exclusion from the audit.

Article 29. Time for Submitting Nomination Files for Awards

1. Units under the Ministry:

a) Awards within the authority of the Ministry: Before January 10th each year;

b) State-level awards: Within ten days from the date of the Minister's decision, collective bodies and individuals complete their nomination files and submit them to the Department of Competition and Rewards and Communication.

2. Groups of competition and Departments, Management Boards: Before January 31st each year.

3. Time for submitting nomination files for special topic awards, emergency awards, and other types of awards shall be carried out according to guiding documents or plans initiated by the Ministry of Planning and Investment or competent state agencies.

4. Awards for dedication during service: Six months before retirement.

5. Nomination files for commemorative medals for individuals working in the industry should be submitted on October 31st each year. For individuals outside the industry, files should be submitted ten working days before the award ceremony.

6. Time for announcing award results:

a) Within seven working days from the date the Minister of Planning and Investment signs the award decision or from the date of receipt of the award decision from competent authorities, the Department of Competition and Rewards and Communication will notify the nominating unit;

b) In cases where conditions, standards, and files do not meet the regulations, within fifteen working days from the date of receiving all required files, the Department of Competition and Rewards and Communication will notify the nominating unit;

c) In cases where files are submitted along incorrect channels, within five working days from the date of receiving the file, the Department of Competition and Rewards and Communication will notify and return the file to the nominating unit.

Article 30. Management and Storage of Award Files

1. Units within the industry are responsible for managing and storing award files in accordance with current regulations.

2. Encouragement is given to agencies and units to apply information technology in the management and storage of award files.

Chapter V

COMPETITION AND AWARD COUNCIL

Article 31. The Competition and Rewards Council of the Ministry of Planning and Investment

The Competition and Rewards Council of the Ministry of Planning and Investment (hereinafter referred to as the Council) is established by the Minister of Planning and Investment, with the function of advising and consulting the Minister of Planning and Investment on competition and rewards work.

Article 32. Tasks of the Council

1. Advising the Minister of Planning and Investment on organizing the launch, directing, guiding, inspecting, and urging the implementation of competition movements within the planning and investment sector; proposing policies and measures to promote patriotic competition movements in each year and phase, ensuring that the competition movement of the sector develops strongly, widely, correctly, practically, and effectively;

2. Regularly evaluating the results of competition movements and reward work; advising on mid-term and final reviews of competition and reward work and implementing policies and laws on competition and rewards within the planning and investment sector;

3. Advising on the discovery and promotion of exemplary models; the evaluation and selection of outstanding collectives and individuals with excellent achievements in the competition movement of the planning and investment sector for the Minister to confer commendation titles and forms of reward within his authority or to recommend rewards to competent authorities;

4. Urging, inspecting, and supervising the implementation of Party policies and state laws on competition and rewards in units within the Ministry and the sector.

Article 33. The Council consists of:

1. Chairman of the Council: Minister of Planning and Investment;

2. First Vice-Chairman of the Council: Deputy Minister in charge of commendation and reward work;

3. Permanent Vice-Chairman of the Council: Director of the Department of Commendation and Reward and Communication;

4. Members of the Council are heads of the following units:

a) Director of the Department of National Economic Synthesis;

b) Director of the Department of Local and Territorial Economy;

c) Director of the Department of Management of Economic Zones;

d) Director of the Department of Organization and Cadres;

đ) Inspector General of the Ministry;

e) Secretary-General of the Ministry;

g) General Director of the General Statistics Office;

h) Director of the Institute for Development Strategy;

i) Director of the Central Institute for Economic Management Research;

k) Director of the Department of Foreign Investment;

l) Permanent Deputy Secretary of the Party Committee;

m) Chairman of the Trade Union of the Ministry.

Article 34. Grassroots Commendation and Reward Council

1. Heads of units under the Ministry of Planning and Investment authorized to establish a Commendation and Reward Council at their unit to advise the head of the unit on commendation and reward work.

2. Composition of the Competition - Award Council at the grassroots level includes:

a) The Chairman of the Council is the head of the unit;

b) The person in charge of assisting the head of the unit in implementing commendation and reward work is the Permanent Vice-Chairman or Permanent Member of the Council; members of the Council are representatives of the party organization, trade union, and other members are heads of specialized units directly under the head of the unit.

3. The Council operates according to the operational regulations issued by the head of the unit.

Article 35. Principles of Operation, Tasks, and Powers of the Commendation and Reward Council

1. The Council operates based on the principle of democratic centralism and decides by majority vote. In case of equal opinions among Council members, the opinion of the Chairman of the Council shall be decisive.

2. The evaluation and commendation must ensure objectivity, honesty, transparency, and fairness, and be conducted through voting or secret ballot, with results taken from highest to lowest and must meet the prescribed ratio.

3. Activities of Councils at all levels are meetings. At each session, there must be at least two-thirds of the total number of members present. In cases where a member is absent and sends another person to attend, it must be reported and approved by the Chairman of the Council. If the Council has three members and only two are present due to force majeure, it must be approved by the immediate superior Council.

4. Councils convene only when called by the Chairman of the Council. The Council at the ministry level meets twice a year to review, summarize, evaluate, and assess the commendation and reward work of the ministry; examine the use and establishment of the annual commendation and reward fund.

In special cases of commendation, the Chairman of the Council considers and decides to convene a meeting or seek opinions in writing.

5. Members of the Council serve concurrently.

Article 36. Tasks and Powers of Council Members

1. The Chairman of the Council leads all activities of the Council, chairs and concludes sessions of the Council.

2. The Vice-Chairman of the Council chairs and concludes sessions of the Council when the Chairman is absent or authorized by the Chairman; represents the Chairman in signing Council documents, annual programs and plans for commendation and reward work; supervises and checks the implementation of assigned tasks by Council members.

3. Permanent Vice-Chairman of the Council

a) Assists the Chairman in performing certain tasks and is responsible to the Chairman for the tasks assigned;

b) Proposes policies, plans, guidance, inspection, and supervision to organize and implement campaigns and reward work of units and organizations under the Ministry of Planning and Investment;

c) Directs the work of the Council's support agency: prepares the Council's work plan and program; prepares content and reports for Council sessions; estimates annual budget for commendation and reward work; manages the commendation and reward fund of the Ministry of Planning and Investment in accordance with the law;

d) Organizes the assessment of achievements and proposes commendation titles and reward forms for collectives and individuals of units under the Ministry and Sector that meet the conditions for submission to the Council for approval;

đ) Summarizes and periodically reports to the Council on the results of commendation and reward work of the Ministry of Planning and Investment.

4. Council Members

a) Are responsible for directing, monitoring, and inspecting the campaign and reward work within their own units and organizations, reporting the results of implementation to the Council;

b) Attend, discuss, and participate in resolutions at Council meetings; fully implement Council work programs;

c) Perform other tasks as assigned by the Chairman of the Council.

Chapter VI

FUND FOR COMPETITION AND REWARD

Article 37. Sources, levels of contribution, and management of the Competition and Reward Fund

1. The Competition and Reward Fund of units under the Ministry of Planning and Investment shall be formed in accordance with the provisions of Article 65 of Decree No. 91/2017/NĐ-CP.

2. The Competition and Reward Fund of the Ministry of Planning and Investment shall be formed from the following sources:

a) From the state budget at a level not exceeding 20% of the total salary fund approved according to rank and grade for officials, civil servants, and employees within the establishment of the Ministry of Planning and Investment, and settled annually;

b) From voluntary contributions from collectives and individuals inside and outside the sector.

3. The Ministry of Planning and Investment encourages organizations and individuals to support and contribute to supplementing the Competition and Reward Fund.

4. The Department of Competition and Reward and Communication shall take the lead and coordinate with the Ministry's Office to manage the Competition and Reward Fund in accordance with current regulations.

Article 38. Use of the Competition and Reward Fund

1. To pay cash or gifts to collectives and individuals working in units under the Ministry that have been awarded by the President of the State, the Prime Minister, or the Minister.

2. To print certificates, awards, medals, commemorative plaques, badges, flags, award frames...

3. Annually, allocate 20% of the Competition and Reward Fund of the Ministry to cover expenses for organizing and directing competition movements, including the following tasks:

a) Organizing meetings of the Competition and Reward Council; the Creative Ideas Council;

b) Building, launching, and implementing competition movements throughout the sector and participating in activities of the inter-ministerial competition blocs;

c) Directing, inspecting, and supervising the implementation of competition movements and reward work;

d) Training on competition and reward procedures; organizing conferences to sign competition agreements; mid-term and final summary conferences, sharing experiences, publicity, and promoting exemplary models;

đ) Other expenditure items decided by authorized persons.

4. The Competition and Reward Fund of units under the Ministry shall be used:

a) To pay rewards to collectives and individuals within the unit who have been awarded by superiors;

b) To pay rewards to collectives and individuals within the unit who have been awarded by the unit head within their authority;

c) For organizing competition movements and activities serving competition and reward work.

5. The amount of rewards, preferential benefits, and other rights of collectives and individuals within units under the Ministry of Planning and Investment shall be implemented in accordance with Articles 68, 69, 70, 71, 72, 73, 74, and 75 of Decree No. 91/2017/NĐ-CP.

Chapter VII

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN COMPETITION AND REWARD WORK

IN THE WORK OF COMPETITION AND RECOGNITION

Article 39. Responsibilities of agencies engaged in competition and reward work

1. Agencies engaged in competition and reward work of units under the Planning and Investment sector shall base on specific tasks and targets set out in annual and five-year development plans and assigned political tasks to advise leaders on policies, contents, programs, plans, measures for competition; particularly emphasizing propaganda and mobilization of various social strata to participate in competition movements; actively guiding and organizing competition movements and inspecting their implementation; advising on mid-term and final summaries of competition movements, promoting exemplary models; proposing rewards and solutions to improve the effectiveness of competition and reward work.

2. Competition and Reward Councils at all levels under the Planning and Investment sector shall be responsible for advising the heads of units at the same level to organize and direct competition movements within their units and the Planning and Investment sector.

3. The Department of Competition and Reward and Communication shall be responsible for:

a) Monitoring, reviewing, and proposing the Ministry's Competition and Reward Council and the Minister to promptly recognize and reward outstanding examples in various fields within the Planning and Investment sector;

b) Annually building plans for training, instructing, and enhancing professional skills for the staff engaged in competition and reward work within the sector according to specific requirements and conditions;

c) Providing information on collectives and individuals proposed for national orders, medals, and titles for the Information Center to seek opinions on the Ministry of Planning and Investment's online portal;

4. The Department of Organization and Cadre Affairs, the Ministry's Office, the Inspectorate, the Department of Management of Economic Zones, the Department of Local and Territorial Economy, and related units within the Ministry shall be responsible for providing information to serve the examination and rewarding process for units throughout the Planning and Investment sector;

5. Heads of units within the Planning and Investment sector shall be responsible for guiding regulations on competition and reward work suitable to the scale and nature of the unit's operations.

Article 40. Tasks of the Competition and emulation group

1. Organize the launch and signing of competition and emulation agreements to demonstrate determination in responding to and implementing the competition and emulation movements initiated by the Ministry of Planning and Investment; set out targets, contents, and measures for organizing and implementing the competition and emulation movement of the Competition and emulation group in a strong, widespread, correct direction, and effectively.

2. Summarize and conclude the competition and emulation movement annually, propose directions and tasks for organizing the competition and emulation movement of the Competition and emulation group; share experiences, build new models, and outstanding examples within the Competition and emulation group.

3. Uniformly evaluate the effectiveness and impact of the competition and emulation movement, score, and rank agencies and units within the Competition and emulation group according to the evaluation criteria of the Ministry and the Competition and emulation group.

4. Select and honor collectives with outstanding achievements in the Competition and emulation group to recommend for consideration of awarding the "Ministry-level Flag of Competition and Emulation" and outstanding examples in the planning and investment sector.

5. Carry out other tasks assigned by the Minister of Planning and Investment.

Article 41. Responsibilities of communication units in the Planning and Investment sector

1. News agencies in the Planning and Investment sector have the responsibility to accurately reflect the results of the competition and emulation movement and commendation work; regularly publicize the Party's policies, state laws, and the Planning and Investment sector's policies on competition and emulation work; identify collectives and individuals with outstanding achievements in the competition and emulation movement; praise, honor, and set examples for outstanding models, good people, and good deeds; combat violations of laws on competition and emulation.

2. The Ministry's Information Technology Center is responsible for publicly posting information on the Ministry of Planning and Investment's website regarding collectives and individuals recommended for commendation with various types of Orders, ranks, State Honorary Titles, and National Model Workers.

Article 42. Rights and obligations of collectives and individuals in competition and emulation

1. Rights of collectives and individuals in competition and emulation.

a) Participate in competition and emulation movements launched by the State, the Ministry of Planning and Investment, agencies, organizations, and units;

b) Be nominated for consideration of awarding honorary titles and forms of commendation in accordance with the provisions of the law;

c) Have the right to provide opinions or request competent authorities to consider awarding honorary titles and forms of commendation to collectives and individuals meeting the required achievements and standards under the law, and vice versa;

d) Individuals who are commended will be considered for early salary increase, priority for study, research, and professional skill enhancement training both domestically and internationally, and planning, appointment, and reappointment to positions.

2. Obligations of collectives and individuals in competition and emulation.

a) Strictly comply with the laws and regulations of the State, the Ministry of Planning and Investment, and agencies, organizations, and units in competition and emulation work;

b) Collectives and individuals who are commended have the obligation to properly manage awarded items and not lend them to others for illegal activities;

c) Refuse to accept titles or forms of recognition that are not commensurate with achievements and do not meet the prescribed standards and procedures set forth by law;

d) Have the responsibility to identify individuals with outstanding achievements, exemplary persons, and outstanding models to promptly propose commendation or report collective and individual acts of deceit and violations of laws on competition and emulation.

2. Procedures for revoking commendation decisions, procedures, and files for stripping or restoring honorary titles shall be carried out in accordance with Articles 78 and 79 of Decree No. 91/2017/NĐ-CP.

Article 43. Inspection of Competition and Reward Work

1. Annually, the Department of Competition and Reward and Communication shall be responsible for developing plans to inspect competition and reward work at units within the Sector in accordance with current regulations.

2. Heads of units within the Sector shall be responsible for inspecting competition and reward work at their respective units.

3. The Head of the competition bloc shall be responsible for inspecting competition and reward work within the bloc according to the contents of the signed competition agreements.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 44. Implementation Organization

1. Heads of units under the Ministry, Directors of Departments, Heads of Management Boards, and Bloc Leaders of the competition blocs throughout the Planning and Investment Sector shall be accountable to the Ministry's Competition and Reward Council and the Minister for competition and reward work within their authority and shall be responsible for implementing this Circular.

2. Annually, units within the Sector shall be responsible for summarizing, concluding, evaluating, rewarding, and submitting reports to the Standing Body of the Ministry's Competition and Reward Council; promoting, identifying exemplary individuals and deeds in the competition movement to nurture and expand exemplary models; combating and criticizing violations of laws on competition and reward.

3. The Inspector General of the Ministry, within the scope of their functions, duties, and powers assigned, shall conduct inspections on competition and reward work within the Planning and Investment Sector, promptly advising and proposing to the Minister of Planning and Investment to resolve promptly any violations, complaints, and accusations regarding competition and reward in accordance with the law.

Article 45. Effective Date

1. This Circular shall take effect 45 days from the date of signature and shall replace Circular No. 08/2015/TT-BKHĐT dated September 28, 2015 guiding competition and reward work in the Planning and Investment Sector of Vietnam; Circular No. 05/2012/TT-BKHĐT dated October 19, 2012 of the Ministry of Planning and Investment guiding the award of the Commemorative Medal "For the Cause of the Planning and Investment Sector of Vietnam"; Decision No. 590/QĐ-BKHĐT dated May 11, 2012 of the Ministry of Planning and Investment on the establishment of the Ministry's Competition and Reward Council.

2. During implementation, if there are any difficulties, agencies and units shall reflect them to the Ministry of Planning and Investment for study, amendment, and supplementation to ensure appropriateness./.