Decision No. 102/2005/QĐ-BTP On Issuing the Regulation on Granting the Commemorative Medal "For the Cause of Justice"

Pursuant to …;

Regarding the issuance of the Regulation on Awarding the Commemorative Medal "For the Cause of Justice"

_______________ 

THE MINISTER OF JUSTICE

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to the Government Decree No. 62/2003/NĐ-CP dated June 6, 2003, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Office of the Ministry of Justice,

DECISION:

Article 1. This Decision promulgates the Regulation on Awarding the Commemorative Medal "For the Cause of Justice" attached hereto.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall supersede Decision No. 714/TC dated November 22, 1995 issued by the Minister of Justice.

Article 3. Members of the Competition and Reward Council of the Justice Sector, Heads of units under the Ministry of Justice, Directors of Provincial Justice Departments, and Heads of Enforcement Agencies in provinces and centrally governed cities are responsible for implementing this Decision./. 

REGULATIONS

Awarding the Commemorative Medal "For the Cause of Justice"

(issued together with Decision No. 102/2005/QĐ-BTP dated March 2, 2005)

of the Minister of Justice)

_______________

PART I

GENERAL PROVISIONS

Article 1. Principles for awarding the Commemorative Medal "For the Cause of Justice"

1. The Commemorative Medal "For the Cause of Justice" (hereinafter referred to as the "Commemorative Medal") is a form of recognition for the contributions of individuals to the cause of justice in Vietnam.

2. The Commemorative Medal is awarded only once to an individual and there is no posthumous award.

3. The awarding of the Commemorative Medal must be conducted in accordance with the law, the correct recipients, standards, and procedures set forth in this Regulation, ensuring principles of fairness, democracy, and transparency.

4. Individuals who have been awarded the Badge "For the Cause of Justice" pursuant to Decision No. 713/TC dated November 22, 1995 issued by the Minister of Justice shall not be considered for the Commemorative Medal under this provision.

Chapter II

ELIGIBILITY AND CRITERIA FOR GRANTING THE COMMEMORATIVE MEDAL

Article 2. Recipients of the Commemorative Medal

1. Individuals who have worked or are currently working in the justice sector or in justice-related work, including:

a) Individuals working at units under the Ministry of Justice, local enforcement agencies, and the military;

b) Individuals working at local judicial agencies (Provincial Justice Departments, Judicial Offices, Judicial Committees), legal departments of ministries, agencies equivalent to ministries, government agencies, specialized agencies under provincial People's Committees, state-owned enterprises, arbitration organizations, lawyers, judicial appraisers at central and local levels, and mediation committees.

2. Other individuals not covered by paragraph 1 of Article 2 of this Regulation include: individuals working in Party and State agencies, political-social organizations; individuals residing abroad and foreigners.

Article 3. Criteria for awarding the Commemorative Medal

1. For individuals falling within the categories specified in points a and b of paragraph 1 of Article 2 of this Regulation:

a) Individuals who have worked in the justice sector or in justice-related work for twenty years or more for men and fifteen years or more for women;

b) Individuals who have transferred from law enforcement sectors (police, prosecution, judiciary) to the justice sector or vice versa: must have twenty consecutive years of service, including at least five years in the justice sector for men and four years for women;

c) Individuals who have transferred from other sectors to the justice sector or vice versa: must have twenty-five consecutive years of service, including at least ten years in the justice sector for men and eight years for women;

d) Individuals who have twenty years of service but were disciplined with dismissal may be considered for the Commemorative Medal three years after the disciplinary action is lifted. Time spent under disciplinary action will not be counted towards eligibility for the Commemorative Medal;

e) Individuals dismissed or criminally prosecuted shall not be eligible for the Commemorative Medal.

2. For individuals falling within the category specified in paragraph 2 of Article 2 of this Regulation, meeting one of the following conditions:

a) Individuals who have made significant contributions to the development of the justice cause in Vietnam through leadership and guidance;

b) Individuals who have developed valuable initiatives or scientific research that contribute to the advancement of the justice sector;

c) Individuals who have contributed to building and strengthening international cooperation between countries and international organizations and the justice sector, positively contributing to the justice cause in Vietnam;

d) Individuals who have provided substantial financial or material support for the development of the justice sector.

3. Cases where individuals may be considered for the Commemorative Medal earlier than the time specified in points a, b, and c of paragraph 1 of Article 2:

a) Individuals working in the justice sector or in justice-related work in mountainous, highland, remote, border, and island areas shall have their actual service time in these regions multiplied by a factor of 1.2 when calculating their service time in the justice sector;

b) Individuals who have received high-level awards or commendations during their service in the justice sector or in justice-related work may be considered for the Commemorative Medal earlier than the specified time based on the highest award or commendation they have received:

- Heroes of Labor, Heroes of the Armed Forces: may be considered for the Commemorative Medal immediately upon receipt of the award;

- Orders of Labor: may be considered for the Commemorative Medal five years earlier;

- National Model Worker: may be considered for the Commemorative Medal three years earlier;

- Individuals who have received a Certificate of Merit from the Prime Minister or a Model Worker of the Justice Sector: may be considered for the Commemorative Medal two years earlier.

c) Leaders in the justice sector who have not yet reached the required service time specified in points a, b, and c of paragraph 1 of Article 2 may be considered for the Commemorative Medal:

- Leaders of the Ministry of Justice: may be considered for the Commemorative Medal after completing one term (five years);

- Leaders of Departments under the Ministry of Justice and Leaders of Provincial Justice Departments: may be considered for the Commemorative Medal after completing two terms (ten years).

Chapter III

PROCEDURES FOR CONSIDERING THE AWARDING OF THE COMMENDATION MEDAL

Article 4. Procedure for awarding the Commemorative Medal to individuals falling within the categories specified in points a and b of paragraph 1 of Article 2 of this Regulation

1. At the Central Level:

a) For individuals belonging to units under the Ministry of Justice and grassroots units under the Ministry of Justice:

Based on the results of selection by the Competition and Reward Council of the grassroots unit or a joint meeting of the administrative, party, and mass organizations of the unit (if it is a small collective under the Ministry), the Head of the unit proposes to the Competition and Reward Council of the Ministry and its subordinate units for consideration and recommendation to the Competition and Reward Council of the Justice Sector. The Minister decides.

b) For individuals belonging to legal departments of ministries, agencies equivalent to ministries, government agencies, state-owned enterprises at the central level:

BASED ON THE PROPOSAL OF ORGANIZATIONS WITH LEGAL AFFAIRS UNITS, THE HEADS OF UNITS UNDER THE MINISTRY OF JUSTICE ASSIGNED TO MANAGE LEGAL AFFAIRS SHALL BE RESPONSIBLE FOR REVIEWING AND PREPARING DOCUMENTS TO SUBMIT TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR FOR CONSIDERATION AND SUBMISSION TO THE MINISTER FOR DECISION.

2. At the Local Level:

BASED ON THE PROPOSALS OF THE HEADS OF JUDICIAL ORGANIZATIONS, ENFORCEMENT ORGANIZATIONS, LEGAL AFFAIRS ORGANIZATIONS, ARBITRATION BODIES, LAWYERS, AND PRIVATE EXPERTS AT THE LOCAL LEVEL, THE AWARD AND RECOGNITION COUNCIL OF THE PROVINCE JUSTICE DEPARTMENT SHALL BE RESPONSIBLE FOR REVIEWING AND PREPARING DOCUMENTS, AND THE DIRECTOR OF THE PROVINCE JUSTICE DEPARTMENT SHALL SUBMIT TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR FOR CONSIDERATION AND SUBMISSION TO THE MINISTER FOR DECISION.

THE HEADS OF UNITS UNDER THE MINISTRY RESPONSIBLE FOR MANAGING SPECIALIZED WORK AREAS SHALL BE RESPONSIBLE FOR REVIEWING, EXAMINING, AND PROVIDING OPINIONS ON CASES IN THEIR MANAGEMENT AREAS BEFORE SUBMITTING TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR FOR CONSIDERATION.

Article 5. PROCEDURE FOR AWARDED MEMORIAL BADGES TO RETIRED STAFF IN THE JUSTICE SECTOR

1. STAFF FROM MINISTRY ORGANIZATIONS WHO HAVE RETIRED SHALL HAVE THEIR RECORDS PREPARED BY THE ORGANIZATION AND PERSONNEL DEPARTMENT IN COOPERATION WITH THE UNIT HEADS AND SUBMITTED TO THE AWARD AND RECOGNITION COUNCIL OF THE MINISTRY AND THE UNITS FOR CONSIDERATION AND SUBMISSION TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR FOR CONSIDERATION AND SUBMISSION TO THE MINISTER FOR DECISION.

2. STAFF FROM CENTRAL UNITS OF THE MINISTRY OF JUSTICE WHO HAVE RETIRED SHALL HAVE THEIR RECORDS PREPARED BY THE UNIT HEADS IN COOPERATION WITH THE ORGANIZATION AND PERSONNEL DEPARTMENT AND SUBMITTED TO THE AWARD AND RECOGNITION COUNCIL OF THE MINISTRY AND THE UNITS FOR CONSIDERATION AND SUBMISSION TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR FOR CONSIDERATION AND SUBMISSION TO THE MINISTER FOR DECISION.

3. STAFF FROM LOCAL JUDICIAL ORGANIZATIONS WHO HAVE RETIRED SHALL HAVE THEIR RECORDS PREPARED BY THE LOCAL AWARD AND RECOGNITION COUNCIL OF THE PROVINCE JUSTICE DEPARTMENT AND SUBMITTED BY THE DIRECTOR OF THE PROVINCE JUSTICE DEPARTMENT TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR FOR CONSIDERATION AND SUBMISSION TO THE MINISTER FOR DECISION.

Article 6. PROCEDURE FOR AWARDED MEMORIAL BADGES TO INDIVIDUALS AS PROVIDED FOR IN CLAUSE 2, ARTICLE 2 OF THIS REGULATION

1. THE HEADS OF UNITS UNDER THE MINISTRY OF JUSTICE AND THE DIRECTORS OF PROVINCE JUSTICE DEPARTMENTS SHALL BE RESPONSIBLE FOR REVIEWING AND PREPARING DOCUMENTS FOR CASES IN THEIR MANAGEMENT AREAS TO SUBMIT TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR FOR CONSIDERATION AND SUBMISSION TO THE MINISTER FOR DECISION.

2. IN SPECIAL CASES, THE STANDING COMMITTEE OF THE AWARD AND RECOGNITION COUNCIL OF THE SECTOR SHALL BE RESPONSIBLE FOR PROPOSING AND PREPARING DOCUMENTS FOR SUBMISSION TO THE MINISTER FOR DECISION.

Article 7. APPLICATION DOCUMENTS FOR CONSIDERATION OF AWARDING MEMORIAL BADGES

1. APPLICATION LETTER FOR CONSIDERATION (IN ACCORDANCE WITH THE PRESCRIBED FORM).

2. LIST OF APPLICANTS FOR CONSIDERATION (IN ACCORDANCE WITH THE PRESCRIBED FORM).

3. MINUTES OF MEETINGS OF THE AWARD AND RECOGNITION COUNCIL OF THE PROVINCE JUSTICE DEPARTMENT (IF AT THE LOCAL LEVEL) OR THE AWARD AND RECOGNITION COUNCIL OF THE MINISTRY AND THE UNITS.

4. SUMMARY OF ACHIEVEMENTS AND SERVICE HISTORY OF THE INDIVIDUAL, CONFIRMED BY THE HEAD OF THE UNIT MANAGING THE STAFF (IN ACCORDANCE WITH THE PRESCRIBED FORM). FOR RETIRED STAFF, THE RETIREMENT DECISION ISSUED BY THE MANAGING UNIT SHALL BE CONFIRMED.

5. COPIES OF DECISIONS ON AWARDS RELATED TO THE CONSIDERATION OF AWARDING MEMORIAL BADGES AS PROVIDED FOR IN POINT b, CLAUSE 3, ARTICLE 3 OF THIS REGULATION.

6. FOR INDIVIDUALS WORKING IN MINISTRIES, SECTORS (AT THE LOCAL LEVEL, IN PROVINCE DEPARTMENTS, SECTIONS, AND SECTORS), STATE ENTERPRISES, POLITICAL-SOCIAL ORGANIZATIONS, WRITTEN ENDORSEMENTS FROM THE MINISTRIES, SECTORS (AT THE LOCAL LEVEL, IN PROVINCE DEPARTMENTS, SECTIONS, AND SECTORS), POLITICAL-SOCIAL ORGANIZATIONS ARE REQUIRED.

7. FOR INDIVIDUALS WHO ARE VIETNAMESE RESIDENTS ABROAD OR FOREIGN NATIONALS, WRITTEN COMMENTS AND PROPOSALS FROM THE FUNCTIONAL DEPARTMENT OF THE MINISTRY ARE REQUIRED.

Article 8. Time for Submitting the Application File for Considering the Granting of the Commemorative Medal

1. ANNUALLY, THE HEADS OF UNITS UNDER THE MINISTRY AND THE DIRECTORS OF PROVINCE JUSTICE DEPARTMENTS SHALL REVIEW, PREPARE DOCUMENTS, AND SUBMIT THEM TO THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR BEFORE JULY 1.

FOR THE OBJECTS AS PROVIDED FOR IN CLAUSE 2, ARTICLE 2, THE TIME LIMIT FOR SUBMITTING DOCUMENTS IS NOT NECESSARILY FOLLOWED AS PROVIDED HEREIN.

2. BASED ON THE PROPOSALS OF THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR, THE MINISTER OF JUSTICE SHALL CONSIDER AND ISSUE DECISIONS TO AWARD MEMORIAL BADGES ON THE ANNIVERSARY OF THE TRADITIONAL DAY OF THE JUSTICE SECTOR EACH YEAR (AUGUST 28).

Chapter IV

HANDLING VIOLATIONS AND SETTLING COMPLAINTS,

REPORTS REGARDING THE CONSIDERATION OF AWARDING MEMORIAL BADGES

Article 9. Handling violations in the awarding of the Commendation Medal

1. ANY INDIVIDUAL WHO REPORTS FALSELY ABOUT THE CRITERIA TO BE CONSIDERED FOR AWARDING MEMORIAL BADGES SHALL HAVE THE BADGE AND CERTIFICATE REVOKED.

2. THE AWARD AND RECOGNITION COUNCIL OF THE JUSTICE SECTOR SHALL BE RESPONSIBLE FOR REVIEWING AND SUBMITTING TO THE MINISTER OF JUSTICE FOR DECISION ON THE REVOCATION OF THE MEMORIAL BADGE.

Article 10. Resolving complaints and reports regarding the awarding of Commemorative Plaques

THE PROCEDURES, TIMELINES, AND AUTHORITY FOR HANDLING COMPLAINTS AND REPORTS REGARDING THE CONSIDERATION OF AWARDING MEMORIAL BADGES SHALL BE IMPLEMENTED IN ACCORDANCE WITH THE LAWS ON COMPLAINTS AND REPORTS./.