CIRCULAR

OF THE MINISTRY OF JUSTICE NUMBER 08/2001/TT-BTP DATE DECEMBER 18, 2001
GUIDING THE MANAGEMENT OF FINANCIAL RESOURCES TO IMPLEMENT
THE SYSTEM OF COMPETITION AND RECOGNITION IN THE JUSTICE SECTOR

Pursuant to Decree No. 56/1998/NĐ-CP dated July 30, 1998 of the Government stipulating forms, subjects, and criteria for commendation by the Government, Ministries, agencies at the level of ministries, government agencies, and People's Committees at all levels; detailing the criteria for the Labor Medal;

Implementing Circular No. 25/2001/TT-BTC dated April 16, 2001 of the Ministry of Finance guiding the management of financial resources to implement the system of commendation for outstanding achievements in economic and social tasks and national defense;

The Ministry of Justice guides the amount of monetary rewards, sources of funding for commendations, and the use of funds for competition and commendation activities; budget preparation, disbursement, and settlement of accounts for competition and commendation funds in the justice sector annually as follows:

I - General Provisions

1 - This Circular guides expenditures for competition and commendation activities and the amount of monetary rewards for individuals and groups recognized for outstanding achievements in one year, for sudden commendations, or for outstanding achievements over multiple consecutive years.

2 - Groups within the justice sector include: basic units and small groups within basic units as defined in Point 2, Section A, Part I of Circular No. 06/2001/TT-BTP dated November 8, 2001 of the Ministry of Justice on guiding competition and commendation activities in the justice sector.

3 - The annual competition and commendation fund for the entire sector is allocated from the budget of the Ministry of Justice assigned by the Government. The maximum allocation rate is 15% of the total salary fund of the sector (Item 100) and is specifically allocated by the Ministry of Justice to basic units within the sector.

4 - The amount of monetary reward is applied according to the principle that the head of the agency or unit issuing the commendation decision is responsible for disbursing the reward amount from the competition and commendation fund managed by their level, as specified in this Circular.

5 - Budgetary units are responsible for preparing budgets, disbursing, and settling accounts for competition and commendation funds annually in accordance with the State Budget Law and guiding documents issued by the Ministry of Finance.

II - Amounts of Monetary Rewards

In a single commendation period, if an individual or group receives multiple different forms of commendation, they shall only receive the monetary reward corresponding to the highest form of commendation.

1 - Amounts of monetary rewards for individuals:

1.1 - Excellent Worker: 100,000 VND

1.2 - Outstanding Worker at the Basic Unit Level: 200,000 VND

1.3 - Outstanding Worker in the Justice Sector: 400,000 VND

1.4 - National Outstanding Worker: 600,000 VND

1.5 - Certificate of Merit from the Director of the Provincial Department of Justice, President of the People's Court at the provincial level, Principal of the Hanoi University of Law, Director of the Training Institute for Judicial Positions, Director of the Legal Aid Agency, Director of the National Registry of Security Interests, Director of the Institute of Legal Science Research, Editor-in-Chief of the Legal Newspaper, Editor-in-Chief of the Democracy and Law Journal (referred to as the Heads of Basic Units): 100,000 VND

1.6 - Commendation Certificate from the Minister of Justice: 200,000 VND

1.7 - Commendation Certificate from the Prime Minister: 400,000 VND

1.8 - Labor Medal, Third Class: 800,000 VND

1.9 - Labor Medal, Second Class: 1,600,000 VND

1.10 - Labor Medal, First Class: 2,000,000 VND

1.11 - Independence Medal, Third Class: 2,600,000 VND

1.12 - Independence Medal, Second Class: 2,800,000 VND

1.13 - Independence Medal, First Class: 3,000,000 VND

1.14 - Heroic Laborer: 3,000,000 VND

1.15 - Ho Chi Minh Medal: 6,000,000 VND

1.16 - Golden Star Medal: 9,000,000 VND

2 - Amounts of monetary rewards for groups:

2.1 - Excellent Group: 200,000 VND

2.2 - Outstanding Group: 600,000 VND

2.3 - Group receiving a Certificate of Merit from the Heads of Basic Units: 200,000 VND

2.4 - Commendation Certificate from the Minister of Justice: 400,000 VND

2.5 - Commendation Certificate from the Prime Minister: 800,000 VND

2.6 - Flag of Competition from the Justice Sector: 3,000,000 VND

2.7 - Flag of Competition from the Government: 6,000,000 VND

2.8 - Labor Medal, Third Class: 1,600,000 VND

2.9 - Labor Medal, Second Class: 3,200,000 VND

2.10 - Labor Medal, First Class: 4,000,000 VND

2.11 - Independence Medal, Third Class: 5,200,000 VND

2.12 - Independence Medal, Second Class: 5,600,000 VND

2.13 - Independence Medal, First Class: 6,000,000 VND

2.14 - Group Recognized as Heroic Laborer: 6,000,000 VND

2.15 - Ho Chi Minh Medal: 12,000,000 VND

2.16 - Golden Star Medal: 18,000,000 VND

III - SOURCES OF FUNDS FOR COMPETITION AND RECOGNITION AND
USE OF FUNDS FOR COMPETITION AND RECOGNITION

1 - Sources of funds and allocation of competition and recognition funds

Annually, within the scope of the budget assigned by the Government, the Ministry of Justice allocates 15% of the total salary fund of the sector (Item 100) based on the approved staffing plan throughout the year to serve as the source of competition and recognition funds for the justice sector.

This amount is allocated as follows:

1.1 - The Ministry of Justice directly manages 5% of the total salary fund of the sector (Item 100) to reward individuals and groups with outstanding achievements in various fields of justice and expenses for organizing competition movements within the sector.

1.2 - Basic units: Provincial People's Courts, Ministry of Justice agencies, Institute of Legal Science Research, Legal Aid Agency, National Registry of Security Interests, Democracy and Law Journal, Hanoi University of Law, Training Institute for Judicial Positions, within the scope of the budget assigned by the Ministry, are allowed to prepare a maximum budget of 10% of their unit's salary fund (Item 100) to reward individuals and groups with outstanding achievements and expenses for organizing competition movements within their authority.

1.3 - Provincial Departments of Justice are provided with competition and recognition funds equal to 3% of the salary fund (Item 100) of the Enforcement Office, Enforcement Team, and District People's Courts under their management to reward individuals and groups of the Enforcement Office, Enforcement Team, District People's Courts, and People's Assessors of District People's Courts with outstanding achievements and expenses for organizing competition movements within their authority.

1.4 - The Enforcement Department of the People's Court at the provincial level shall be allocated a maximum budget of up to 7% of the unit's salary fund (Item 100) within the scope of the Ministry's allocation for the work of commendation and reward under the management of the unit.

1.5 - Small collectives under the Ministry of Justice may use part of the funds stipulated in point 1.2 above to organize competitive movements within their units.

The Ministry's Competition Council is responsible for allocating the budget for organizing competitive movements and submitting it to the Minister for approval and public announcement to small collectives under the Ministry of Justice.

2 - Use of competition and reward funds

2.1 - Competition and reward funds managed by the Ministry of Justice shall be used for the following purposes:

2.1.1 - Awards based on the President's decision to commend outstanding collectives and individuals in the field of justice submitted by the Ministry of Justice.

2.1.2 - Awards based on the Minister's decision to commend.

2.1.3 - Funds for printing Commendation Certificates, certificates of excellence in competition under the authority of the Minister of Justice, embroidery of the Competition Flag of the justice sector, and making insignia of Meritorious Soldiers of the justice sector.

2.1.4 - Funds for writing Commendation Certificates, certificates of excellence in competition under the authority of the Minister of Justice.

2.1.5 - Funds for organizing regional competition meetings, mid-term and final summary meetings of the entire sector's competition movement.

2.1.6 - Other expenses serving the competition and reward work of the entire sector.

2.2 - Competition and reward funds managed by grassroots units shall be used for the following purposes:

2.2.1 - Awards based on the head of the grassroots unit's decision to commend outstanding collectives and individuals in the unit's competition movement, including activities promoting women's advancement at the grassroots level.

2.2.2 - Funds for printing and writing Commendation Certificates, certificates of excellence in competition under the authority of the head of the unit, and purchasing frames for Commendation Certificates and Commendation Plaques.

2.2.3 - Funds for organizing mid-term and final summary meetings of the unit's competition movement, including activities promoting women's advancement at the grassroots level.

2.2.4 - Other expenses serving the competition and reward work of the grassroots unit.

2.3 - Competition and reward funds managed by the Enforcement Department of the People's Court at the provincial level (as provided in point 1.4, section 1, part III of this Circular) shall be used for the following purposes:

2.3.1 - Funds for organizing mid-term and final summary meetings of the unit's competition movement; this expense is budgeted under Item 112 - Conferences.

2.3.2 - Travel expenses for representatives of the Enforcement Department, Enforcement Team, and People's Court at the provincial level attending mid-term and final summary meetings of the competition movement organized by the Department of Justice; this expense is budgeted under Item 113 - Travel Expenses.

IV - ESTABLISHING BUDGETS, DISTRIBUTION, AND SETTLEMENT
COMPETITION AND REWARD FUNDS

1 - Annual Budgeting

1.1 - Based on the competition and reward funds allocated to units as specified in section 1, part III of this Circular, when announcing the annual budget for units, the Ministry of Justice will announce the total amount of competition and reward funds allocated to each unit (including the Department of Justice).

1.2 - Based on the annual competition and reward funds announced by the Ministry of Justice, units (including the Department of Justice) shall prepare the annual budget for competition and reward expenditures according to the guidance provided in section 2, part III of this Circular and record them in three Items of the State Budget Schedule:

Section 104 - Bonuses

Section 112 - Conferences

Section 113 - Administrative Expenses

1.3 - Annually, the Standing Committee of the Competition and Reward Council of the Justice Sector shall base on the reward decision and the bonus amount approved by the Minister of the previous year to prepare the annual budget for bonuses (as stipulated in Point 2.1, Section 2, Part III of this Circular) managed by the Ministry of Justice to be sent to the Department of Planning and Finance for consolidation into the Justice Sector's budget according to the Item of the Budget Manual to have grounds for disbursing to budgetary units.

1.4 - The annual budget for competition and reward expenses of budgetary units shall be sent to the Ministry of Justice (Department of Planning and Finance), and simultaneously sent to the State Treasury where the unit has opened a limit account for expenses to serve as the basis for quarterly disbursement of competition and reward expenses.

2 - Preparation of quarterly budgets and disbursement of competition and reward funds

2.1 - Budgetary units shall prepare quarterly expenditure budgets for competition and rewards to be submitted to the Department of Planning and Finance before the end of the last month of the quarter.

Based on the expenditure budgets of budgetary units, the Department of Planning and Finance shall allocate bonus funds into Section 104, part of the funds serving competition and reward work to be accounted for in Section 112 and Section 113 to be jointly allocated into Section 134 - Other Expenditures for budgetary units.

2.2 - Competition and reward funds allocated in the first quarter of each year shall be used to pay awards to collectives and individuals with outstanding achievements recognized for the previous year.

2.3 - Competition and reward funds allocated to Provincial Justice Departments shall be accounted for in Section 104 - Bonuses and Section 134 - Other Expenditures. Quarterly, these funds shall be allocated into the limit account of the Enforcement Office and notified to the Provincial Justice Department for planning purposes.

2.4 - Disbursement of competition and reward funds managed by the Ministry of Justice:

- Based on the Reward Decisions of the President of the State, the Prime Minister, and the Minister of Justice, the Department of Planning and Finance shall allocate bonus payments to budgetary units with collectives and individuals who have been rewarded.

- Units authorized by the Ministry of Justice to organize regional competition conferences must prepare conference expenditure budgets in accordance with Circular No. 03/1998/TT-BTP dated January 11, 1999 of the Ministry of Justice guiding conference expense regulations within the Justice Sector to be submitted to the Ministry (Department of Planning and Finance) for review before presenting to the Minister for approval and disbursement of funds.

In addition to the funds directly allocated to the aforementioned budgetary units, the remaining competition and reward funds shall be spent according to the quarterly budget approved by the Minister.

2.5 - The Ministry of Justice shall issue: Certificates of Merit, Certificates of Honor within the authority of the Minister of Justice, Competition Flags of the Justice Sector, Medals of Outstanding Competitors in the Justice Sector to grassroots units within the sector.

2.6 - During implementation, if budgetary units do not fully utilize the allocated competition and reward funds, then the Heads of Units may reallocate them to other Items of the Budget Manual to serve the general operations of their units.

For Provincial Justice Departments, if they do not fully utilize the competition and reward funds allocated by the Ministry, then the Directors of Provincial Justice Departments may reallocate them to Section 113 - Administrative Expenses and Section 112 - Conferences and Training for County People's Courts and Civil Enforcement Teams.

3 - Settlement and finalization of competition and reward funds

3.1 - Along with administrative management funds, competition and reward funds shall be settled annually in accordance with the State Budget Law and guidance documents of the Ministry of Finance; budgetary units must reflect them accurately in the current Budget Manual Items and Sub-items.

3.2 - The Enforcement Office, together with the Provincial Justice Department's Office, shall be responsible for collecting all expenditure vouchers for competition and rewards decided by the Director of the Provincial Justice Department; preparing the settlement of competition and reward funds managed by the Provincial Justice Department. The Enforcement Office shall consolidate the settlement of competition and reward funds allocated by the Ministry to the Provincial Justice Department into the annual budget settlement of the Enforcement Office.

This Circular takes effect from January 1, 2002 and replaces Circular No. 15/1999/TT-BTP dated October 29, 1999 of the Ministry of Justice guiding financial management in implementing reward systems in the Justice Sector, and Circular No. 104/2000/TT-BTP dated January 19, 2000 of the Minister of Justice supplementing Circular No. 15/1999/TT-BTP.

In the course of implementation, if there are difficulties or obstacles, units are requested to report to the Ministry (Department of Planning and Finance) for research and resolution.