Circular No. 08/2017/TT-BNV detailing the implementation of certain provisions of the Government's Decree No. 91/2017/NĐ-CP dated August 31, 2017, which details the implementation of certain provisions of the Law on Competition and Rewards.

Article 1. Interpretation of terms

In this Circular, the following terms shall be understood as follows:

1. Central ministries, agencies, and sectors are: Ministries, agencies at the level of ministries, agencies under the Government; Supreme People's Court, Supreme People's Procuracy, National Assembly Office, President's Office, Party Central Committee Office, Central Party Committees, State Audit Office; Vietnam Fatherland Front and mass organizations.

2. Central ministries, agencies, sectors, and localities are: Ministries, agencies at the level of ministries, agencies under the Government; Supreme People's Court, Supreme People's Procuracy, National Assembly Office, President's Office, Party Central Committee Office, Central Party Committees, State Audit Office; Vietnam Fatherland Front and mass organizations; Provincial People's Committees, municipal people's committees directly under the central government.

3. Heads of ministries, agencies, sectors, and localities are: Ministers; Heads of agencies at the level of ministries, agencies under the Government; Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy, Director of the National Assembly Office, Director of the President's Office, Head of the Party Central Committee Office, Heads of Central Party Committees, State Auditor General; leaders of central offices of the Vietnam Fatherland Front and mass organizations; Chairpersons of provincial people's committees, municipal people's committees directly under the central government.

4. Provincial People's Committees, municipal people's committees directly under the central government (referred to collectively as provincial-level People's Committees).

5. District People's Committees, urban district People's Committees, city People's Committees belonging to provinces, municipalities directly under the central government (referred to collectively as district-level People's Committees).

6. Commune People's Committees, ward People's Committees, town People's Committees (referred to collectively as commune-level People's Committees).

7. Merit Flags at the ministry, agency, sector, and mass organization levels, central and provincial levels (Merit Flags at the ministry and provincial levels).

8. Certificates of Merit at the ministry, agency, sector, and mass organization levels, central and provincial levels (Certificates of Merit at the ministry and provincial levels).

9. Model Workers at the ministry, agency, sector, and mass organization levels, central and provincial levels (Model Workers at the ministry and provincial levels).

10. Decree No. 91/2017/NĐ-CP dated July 31, 2017 of the Government detailing implementation of certain provisions of the Law on Competition and Reward (Decree No. 91/2017/NĐ-CP).

11. Forms of national-level rewards include: Orders; Medals; State Honorary Titles; Ho Chi Minh Prize, State Prize; Flag of Merit of the Government, Certificate of Merit of the Prime Minister, National Model Worker.

12. Small collectives are small groups at the grassroots level, consisting of several individuals working together on a specific task (teams, squads; departments, divisions within county-level hospitals, provincial-level hospitals; platoons within the People's Armed Forces; teams within county-level public security units...).

13. Rewards for charitable and humanitarian achievements are rewards given to collectives and individuals who have made significant contributions to social work.

Article 2. General Provisions on Rewards

1. For forms of national-level rewards, the assessment of achievements and recommendation for rewards are carried out by the heads of ministries, agencies, sectors, and localities, and they bear responsibility before the law.

For forms of rewards within the authority of ministries, agencies, sectors, and localities; organizations and units subordinate to or directly under ministries, agencies, sectors, and localities, the assessment of outstanding performance and the scope of influence of achievements are decided by the head and they bear responsibility before the law.

2. The Competition and Reward Councils of ministries, agencies, sectors, and localities are responsible for assisting the head in assessing the achievements of collectives and individuals with nationwide influence; influence within ministries, agencies, sectors, and localities or within industries and fields under their management authority.

The permanent office of the Council is responsible for advising the Chairman of the Council to convene meetings of the Council. The Council meets when at least two-thirds of its members are present. The Chairman of the Council chairs the meeting or delegates this role to one Vice-Chairman of the Council. The Chairman of the Council participates in voting like other members. The permanent office of the Council seeks opinions from absent members in writing, compiles them, reports to the Chairman of the Council; completes the minutes of the Council meeting and the reward proposal file according to regulations.

3. The head of the organization or unit with the authority to grant rewards or to propose higher authorities to grant rewards has the responsibility to publicly announce the collectives and individuals proposed for rewards such as Orders, State Honorary Titles, Ho Chi Minh Prize, State Prize, and the title "National Model Worker" through information media under their management authority.

Opinions of the people through information media and results of handling information (including complaints and denunciations if any) must be reported to the Council before making a decision on granting rewards or proposing higher authorities to grant rewards.

4. The form and level of rewards must be appropriate to the achievements obtained. Attention should be paid to rewarding individuals and collectives that have improved from poor performance to become exemplary models in competition movements; ethnic minorities and individuals with many innovations in labor, study, and work. Previous achievements already rewarded cannot be accumulated to propose a higher level of reward in subsequent occasions.

5. Reports on achievements of collectives and individuals proposed for rewards must be consistent with the prescribed form and level of rewards. The content of achievement reports shall be implemented according to templates (from No. 01 to No. 09) attached as Appendices to Decree No. 91/2017/NĐ-CP.

For rewards based on merit and achievements (excluding sudden rewards and annual rewards): Reports on achievements of collectives and individuals proposed for rewards are calculated up to three months before the ministries, agencies, and localities submit to the Prime Minister; if beyond this period, the ministries, agencies, and localities must supplement the achievements of the collectives and individuals.

Ministries, agencies, and localities submit reward files to the Prime Minister in written form while sending electronic documents via the "Reward File Management System" software of the Department of Competition and Reward. Reward proposal files will only be accepted when the Central Department of Competition and Reward receives both written and electronic documents.

6. Only comprehensive reward results for achievements can serve as grounds for granting rewards or recommending higher authorities to grant rewards. Results of reward campaigns during specific periods are recorded and prioritized when considering rewards or recommending higher authorities to grant rewards.

No commendation or recommendation for commendation shall be made to a collective or individual who is under consideration for disciplinary action by the competent authority, or who is under investigation, audit, inspection due to signs of violation, or whose complaints or reports of accusation are being verified.

7. The time for submitting the next commendation is calculated based on the period during which achievements were recorded in the previous commendation decision. For commendation decisions that do not specify the period of achievement, the time for submitting the subsequent commendation is calculated from the date of issuance of the previous commendation decision.

Article 3. On the form of rewards

1. Based on the subject, functions, assigned tasks, and achieved results of collectives and individuals, appropriate forms of commendation should be recommended to higher authorities.

2. Multiple forms of commendation shall not be awarded for a single achievement; if a collective or individual meets the criteria for a certain level of commendation, the competent authority shall consider and recommend the awarding of that form of commendation. It is not permissible to recommend two types of Orders or to award both an Order and a Commendation from the Prime Minister for the same achievement.

3. Within one year, it is not permissible to recommend higher authorities to grant two forms of national commendation to a single collective or individual (except for outstanding and exceptional achievements; commendations for long-term contributions; and commendations according to service years).

Article 4. On organizing campaign competitions in batches within ministries, central agencies, sectors, and localities

1. Prior to organizing a campaign competition in batches with a scope within central ministries, agencies, sectors, or localities lasting three years or more, the specialized agency responsible for competition and commendation work at the ministry, sector, or locality must send the Plan for Organizing the Launch of the Campaign Competition to the Central Steering Committee for Competition and Commendation for monitoring, summarizing, and guiding commendations.

2. The head of a ministry, sector, or locality shall implement commendations within their authority when summarizing and concluding campaign competitions within their scope.

When summarizing and concluding campaign competitions lasting three years or more, ministries, sectors, or localities shall select collectives and individuals with outstanding and exemplary achievements to submit to the Prime Minister for consideration and granting of Commendations from the Prime Minister; for campaign competitions lasting five years or more, they shall select collectives and individuals with particularly outstanding achievements as stipulated in Articles 24 and 27 of Decree No. 91/2017/ND-CP to submit to the competent authority for commendation.

Article 5. Content of organizing mass competitive movements

The head of an organization or unit has the responsibility to organize campaign competitions within their management scope and implement the following contents:

1. Organizing campaign competitions must be linked to the political tasks of the organization, unit, or entity, and be feasible, have a memorable theme or name, easy to promote; the content must closely align with political tasks and key tasks to set specific, practical, and suitable competition targets and methods for the conditions and capabilities of collectives and individuals.

2. Implement various measures to promote and mobilize participants and ensure spiritual and material conditions for the campaign. Regularly monitor the implementation process; focus on directing model points, urging, guiding, and inspecting. Enhance the role and responsibility of organizations and units; mass media in discovering new factors, exemplary models for promotion and publicity; widely disseminate good ideas, experiences, and effective practices for everyone to learn from. Discovering, nurturing, promoting, and expanding exemplary models is a key task in organizing campaign competitions.

3. Summarizing campaign competitions must accurately assess results, effectiveness, significance, impact; existing problems, limitations, and causes; and draw lessons learned from organizing campaign competitions. Democratic, objective, and public evaluation and recognition of commendation titles and awards for outstanding and exemplary collectives and individuals should be timely.

Article 6. On Recognizing the Scope of Influence and Effectiveness of Application of Inventions and Research Topics for the Basis of Awarding Merit Titles and Forms of Reward

1. The examination and recognition of inventions are carried out in accordance with Government Decree No. 13/2012/ND-CP dated March 2, 2012, on the Regulations on Inventions, and Circular No. 18/2013/TT-BKHCN dated August 1, 2013, issued by the Ministry of Science and Technology to guide the implementation of certain provisions of the Regulations on Inventions promulgated by Government Decree No. 13/2012/ND-CP.

The assessment and recognition of the scope of influence and application effectiveness of inventions as the basis for considering and awarding commendation titles and forms of commendation are conducted by the heads of organizations and units with the authority to examine and recognize.

2. The examination and acceptance of research topics shall be carried out in accordance with the Law on Science and Technology and detailed implementing regulations.

Research topics serving as the basis for considering and awarding commendation titles at various levels and for commendation or recommending higher authorities to grant commendation are scientific research topics that have been accepted at a satisfactory level or higher, applied in practice with high effectiveness, and recognized by the competent authority.

The subjects recognized as having research topics serving as the basis for awarding merit titles and forms of reward are the Head of the Topic and those directly participating in researching the topic.

The recognition of the scope of influence and effectiveness of application of research topics shall be examined and recognized by the Heads of agencies, organizations, and units.

3. The head of an organization or unit bases the scope of influence and application effectiveness of inventions and research topics on the examination and awarding of commendation titles. If the scope of influence and application effectiveness is at the grassroots level, the title "Grassroots Model Worker" is awarded; if at the ministry, sector, or provincial level, the title "Ministry, Sector, or Provincial Model Worker" is awarded; if at the national level, the title "National Model Worker" is recommended for awarding.

4. Based on the regulations regarding subjects, standards, achieved results, and scope of influence, the head of an organization or unit with the authority to commend or recommend higher authorities to grant commendation shall award commendations in accordance with the prescribed forms.

Article 7. Authority to decide on awarding the titles "Advanced Worker", "Model Soldier at the Grassroots Level", and "Advanced Labor Collective"

1. Officials, civil servants, public officials, and workers employed in state agencies and public service units directly under provincial departments, sectors, and county-level agencies shall be reviewed and recommended for the title by the heads of the employing agencies, organizations, or units, then submitted for decision by the Director of the provincial department, sector, or the Chairman of the People's Committee at the county level within their authority.

2. Workers and worker collectives working in limited liability companies, joint-stock companies, foreign joint ventures; cooperatives in agricultural, small-scale industrial, transportation, service, trade...sectors shall be reviewed and decided upon directly by the Chairperson of the Board of Directors, Chairperson of the Board of Members, General Director, or Manager of the enterprise or cooperative.

Article 8. Regarding the awarding of the Flag of Excellence at the Central Party Committee and Provincial Levels

1. Ministries, sectors, localities shall organize competition clusters and groups based on guidelines from the Central Steering Committee for Mobilization and Rewards and actual conditions.

2. Ministries, sectors, localities organizing competitions within clusters or groups shall consider and decide to award the Flag of Excellence at the Central Party Committee or Provincial levels to collectives with outstanding achievements, exemplary performance, and leading positions within the cluster or group, or award Certificates of Merit for outstanding achievements in specific areas, topics, or political tasks to participating collectives and individuals.

Central ministries and sectors shall review and award the Flag of Excellence or Certificates of Merit to specialized agencies and public service units at the provincial level participating in competition clusters organized by central ministries and sectors.

Provincial People's Committees shall review and award the Flag of Excellence or Certificates of Merit to collectives and individuals belonging to central agencies participating in local competition movements.

3. The selection of exemplary collectives proposed to the Prime Minister for the Government's Flag of Excellence shall be carried out by ministries, sectors, and localities.

Article 9. Rewarding Extraordinary Outstanding Achievements

1. Extraordinary outstanding achievements recognized by regional or international bodies as stipulated in Clause 3 of Article 13 of Decree No. 91/2017/ND-CP: These are achievements awarded medals, prizes, certificates, and other lawful forms of recognition by regional or international organizations, consistent with Vietnamese laws, and acknowledged by Vietnamese state authorities or competent persons.

2. Ministries, sectors, and localities with collectives or individuals achieving extraordinary outstanding results shall promptly complete files and submit them to the Prime Minister based on regulations, actual conditions, and the scope of influence.

Article 10. Rewarding Long-term Contributions; Rewarding Organizations and Individuals Belonging to Religious Organizations; Rewarding Enterprises

1. Rewarding Long-term Contributions

a) Ministries, sectors, and localities shall submit to the Prime Minister for review and recommendation to the President for rewarding long-term contributions to individuals meeting the criteria six months before retirement.

b) The Central Steering Committee for Mobilization and Rewards shall seek opinions from the Central Organization Department regarding cadres managed by the Politburo or Secretariat, or individuals whose work history is unclear, before submitting to the Prime Minister for review and recommendation to the President for awarding high-level Orders according to regulations.

2. Rewarding Organizations and Individuals Belonging to Religious Organizations

a) Rewards for central organizations of religious bodies shall be submitted by the Central Office of the religious body to the Prime Minister.

b) Organizations and individuals belonging to religious denominations at the provincial or centrally-administered city level shall be submitted by the People's Committee of the province to the Prime Minister.

c) The Central Steering Committee for Mobilization and Rewards shall seek opinions from relevant religious-related agencies, review, and submit to the Prime Minister for review and reward, or submit to the Prime Minister for review and recommendation to the President for awarding.

3. Rewarding Enterprises

a) Rewards for enterprises subject to audit must include an audit report from a competent auditing agency for the five years prior to the reward application. For enterprises not subject to audit, the achievement report must specify the basis for not being subject to audit.

b) Collectives and individuals in enterprises operating in the locality where the main office is located (including dependent enterprises operating in other localities) shall be rewarded by the enterprise head or recommended for reward by the Chairman of the People's Committee of the province issuing the business registration certificate, or higher authorities.

Units of enterprises that operate independently and fulfill obligations in other localities shall be rewarded by the enterprise head or recommended for reward by the Chairman of the People's Committee of the province issuing the business registration certificate or establishment permit, or higher authorities.

c) In cases where collectives and individuals in enterprises have made contributions to localities outside the main office location, they shall be rewarded by the Chairman of the People's Committee of the locality where the contributions were made, or recommended for reward by higher authorities.

Article 11. Professional Training

1. The Central Board of Competition and Reward:

a) Develop annual plans for the content and program of professional training on competition and reward activities for civil servants and officials engaged in competition and reward work throughout the country.

b) Organize or coordinate with relevant agencies to conduct classes on professional training regarding competition and reward activities.

2. Specialized agencies for competition and reward work:

a) Develop plans and content for programs aimed at organizing professional training courses for civil servants and officials engaged in competition and reward work within their jurisdictional management.

b) Nominate civil servants and officials engaged in competition and reward work within their jurisdictional management to fully participate in professional training and refresher courses organized by the Central Steering Committee for Competition and Reward.

Article 12. Effective Date

This Circular takes effect from December 15, 2017, and replaces Circular No. 07/2014/TT-BNV dated August 29, 2014, issued by the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 42/2010/NĐ-CP dated April 15, 2010, Decree No. 39/2012/NĐ-CP dated April 27, 2012, and Decree No. 65/2014/NĐ-CP dated July 1, 2014, promulgated by the Government detailing the implementation of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward 2013.

Article 13. Implementation Provisions

1. Heads of central ministries, sectors, and Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Circular.

Clause 2. During the implementation period, if there are difficulties, please reflect them to the Ministry of Home Affairs (through the Central Steering Committee for Mobilization and Reward) for research and guidance./.