Circular No. 11/2014/TT-BVHTTDL On the Granting of the Commemorative Medal "For the Cause of Culture, Sports and Tourism"

CIRCULAR

Regulations on awarding Commendation Medals

"For the Cause of Culture, Sports and Tourism"

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

Based on Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards; Decree No. 39/2012/NĐ-CP dated April 27, 2012 of the Government amending and supplementing certain provisions of Decree No. 42/2010/NĐ-CP of the Government; Decree No. 65/2014/NĐ-CP dated July 1, 2014 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2013;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director of the Department of Competition and Rewards,

The Minister of Culture, Sports and Tourism issues this Circular to regulate the criteria, principles, standards, files, procedures for examination and presentation of the Commendation Medal "For the Cultural, Sports and Tourism Cause".

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the subjects, principles, standards, files, procedures for examination and presentation of the Commendation Medal "For the Cultural, Sports and Tourism Cause".

Article 2. The Commendation Medal "For the Cultural, Sports and Tourism Cause" (hereinafter referred to as the Commendation Medal) is a form of reward by the Minister of Culture, Sports and Tourism to recognize the contributions of individuals who have dedicated themselves or made significant contributions to the development of the cultural, sports and tourism industry.

Article 3. Subjects eligible for the Commendation Medal

Clause 1. Individuals who have worked or are currently working in the cultural, sports and tourism sector (hereinafter referred to as the Sector).

Clause 2. Individuals working outside the Sector who have made significant contributions to the development of the Sector.

Clause 3. Overseas Vietnamese or foreigners who have made significant contributions to the development of the Sector.

Article 4. Principles and time for awarding the Commendation Medal

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

2. Ensuring fairness, democracy, transparency; correct subjects and criteria.

Clause 3. The Commendation Medal shall not be awarded to individuals who have been awarded Medals, Commendation Medals "For the Sports Cause", Medals "For the Tourism Cause", Medals and Commendation Medals of the Ministry of Culture - Information previously, Commendation Medals "For the Population, Family and Children Cause", and individuals under investigation or subject to disciplinary measures leading to dismissal, or criminal prosecution, or involved in criminal cases.

Clause 4. The Commendation Medal will be awarded in two rounds each year, in March and July.

Article 5. Rights and responsibilities of individuals receiving the Commendation Medal

Clause 1. Individuals proposing to be examined for the Commendation Medal bear legal responsibility for the accuracy and truthfulness of the application file.

Clause 2. Individuals meeting the criteria set forth in Articles 5, 6, 7, and 8 of this Circular may be proposed for examination for the Commendation Medal according to the regulations.

Clause 3. Individuals receiving the Commendation Medal shall be entitled to receive the Certificate, Commendation Medal, and monetary award as stipulated in Article 76 of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards.

Clause 4. Individuals receiving the Commendation Medal shall have the responsibility to continue preserving and promoting the traditions of the Sector, setting a good example in implementing the Party's policies and State laws.

Chapter II

CRITERIA FOR CONSIDERING THE AWARD MEDAL

Article 5. For individuals working within the Industry

Individuals meeting one of the following criteria shall be considered for the award of the Commendation Medal:

1. Having worked in the industry for twenty years or more for males and fifteen years or more for females (including time spent studying or performing military service). In cases where the individual has worked in particularly difficult areas, border regions, or islands, the actual working time in these areas shall be multiplied by a factor of 1.3 to calculate the working time in the industry.

2. Individuals who have met the working time requirement stipulated in Clause 1 of this Article but have been disciplined below the level of termination of employment may only be considered for the award of the Commendation Medal two years after the disciplinary action is lifted. The period during which disciplinary action was taken shall not be counted towards consideration for the Commendation Medal.

Article 6. For individuals working outside the Industry

Individuals meeting one of the following criteria shall be considered for the award of the Commendation Medal:

1. Having held a key leadership position in the Party Committee, government, or mass organizations at the provincial or centrally-administered city level for a full term. Leading Ministries, sectors, or central-level mass organizations for five years with achievements in leading and directing the development of the cultural, sports, and tourism industry.

2. Having a national-level or ministry-level scientific research project that has been accepted and rated as Excellent; winning a Gold (A) or Silver (B) prize at creative composition, performance, or exhibition contests organized by the Ministry of Culture, Sports and Tourism and central-level specialized literary and artistic associations, with practical value serving the industry's cause.

3. Making positive contributions to the protection and promotion of tangible and intangible cultural heritage; building material infrastructure, financial support, and services for the industry's cause.

Special cases shall be decided by the Minister.

Article 7. For overseas Vietnamese or foreigners

Overseas Vietnamese or foreigners meeting one of the following criteria shall be considered for the award of the Commendation Medal:

1. Having made contributions to the construction and development of the cultural, sports, and tourism industry; strengthening friendly relations and cooperation between the industry and other countries and international organizations, units under the Ministry, and Departments of Culture, Sports and Tourism.

2. Special cases shall be decided by the Minister.

Article 8. Cases eligible for early consideration for the award of the Commendation Medal

1. Dancers, circus performers, athletes who have worked for less than five years compared to the working time specified in Clause 1 of Article 5 of this Circular.

2. Labor Heroes, National Model Workers, People's Artists, Meritorious Artists, People's Artisans, Meritorious Artisans, People's Teachers, Meritorious Teachers, People's Doctors, Meritorious Doctors, authors or groups of authors whose works or projects have won the Ho Chi Minh Prize or State Prizes for Literature and Arts shall be immediately proposed for the award of the Commendation Medal upon receipt of the decision on the award of these honors.

Chapter III

APPLICATION DOCUMENTS AND PROCEDURES FOR PROPOSAL CONSIDERATION

Article 9. Documents for requesting to be considered for the Commendation Medal

1. The documents for proposing awards of Commemorative Medals include:

a) A proposal from the unit according to Model No. 1 prescribed in the Appendix attached to this Circular;

b) Minutes of the meeting of the Unit's Competition and Reward Council according to Model No. 2 prescribed in the Appendix attached to this Circular;

c) List of individuals proposed for the award of the Commendation Medal according to Model No. 3 prescribed in the Appendix attached to this Circular;

d) Summary of the individual's work history and achievements according to Model No. 4 prescribed in the Appendix attached to this Circular;

đ) Certified copies of reward decisions for individuals proposed for the award of the Commendation Medal according to Clause 2 of Article 6 and Clause 2 of Article 8 of this Circular.

2. The application documents shall be prepared in one set, typed in Times New Roman font, and submitted directly or via postal mail to the Competition and Reward Council of the Ministry of Culture, Sports and Tourism (hereinafter referred to as the Competition and Reward Council of the Ministry) before March 1st or July 1st each year. For individuals meeting the criteria specified in Articles 6, 7, and Clause 2 of Article 8, the submission deadline is not necessarily adhered to.

Article 10. Procedure for awarding the Commendation Medal

1. For individuals currently working within the Industry

a) Individuals working at which agency shall submit their application documents to that agency for consideration for the award of the Commendation Medal according to Model No. 4 of the Appendix attached to this Circular.

b) Based on the results of the review by the Unit's Competition and Reward Council, the Heads of Units under the Ministry of Culture, Sports and Tourism shall propose the Competition and Reward Council of the Ministry to consider and report to the Minister for decision;

c) Based on the proposals of the Heads of Units under the Department, District, County, City Town Cultural and Information and Sports Departments under provinces and centrally-administered cities, the Competition and Reward Council of the Department of Culture, Sports and Tourism of the province or centrally-administered city shall be responsible for reviewing, preparing the application documents, and the Director of the Department of Culture, Sports and Tourism shall propose the Competition and Reward Council of the Ministry to consider and report to the Minister for decision.

2. For individuals who have retired from working within the Industry

a) Individuals who have retired from units under the Ministry shall submit their application documents to the last agency they worked at before retirement for consideration for the award of the Commendation Medal according to Model No. 4 of the Appendix attached to this Circular. The Competition and Reward Council of that unit shall be responsible for reviewing, preparing the application documents, and the Heads of Units under the Ministry of Culture, Sports and Tourism shall propose the Competition and Reward Council of the Ministry to consider and report to the Minister for decision;

b) Individuals who have retired from localities shall submit their application documents to the last agency they worked at before retirement for consideration for the award of the Commendation Medal according to Model No. 4 of the Appendix attached to this Circular. The Competition and Reward Council of the Department of Culture, Sports and Tourism of the locality shall be responsible for reviewing, preparing the application documents, and the Director of the Department of Culture, Sports and Tourism shall propose the Competition and Reward Council of the Ministry to consider and report to the Minister for decision.

3. For individuals working outside the Industry

a) The Heads of Units under the Ministry of Culture, Sports and Tourism, and the Directors of Departments of Culture, Sports and Tourism shall be responsible for reviewing and preparing application documents for cases within their jurisdiction to propose the Competition and Reward Council of the Ministry to consider and report to the Minister for decision;

b) For special cases, the Standing Body of the Competition and Reward Council of the Ministry shall be responsible for proposing and preparing application documents to report to the Minister for decision.

4. For overseas Vietnamese or foreigners: The heads of units under the Ministry, the Directors of Provincial Departments of Culture, Sports and Tourism shall be responsible for examining and preparing files for cases within their jurisdiction to submit to the Ministry's Commendation Council for examination and submission to the Minister for decision.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Implementation Organization

1. The Department of Commendation is the permanent body of the Ministry's Commendation Council, responsible for coordinating with units under the Ministry and provincial Departments of Culture, Sports and Tourism to review, compile, and examine nomination files for the issuance of Commemorative Medals, to be submitted to the Ministry's Commendation Council for consideration and decision.

2. The heads of units under the Ministry, the Directors of Provincial Departments of Culture, Sports and Tourism, and related agencies shall be responsible for organizing the solemn and frugal award ceremony for the "For the Cause of Culture, Sports and Tourism" Commemorative Medal.

Article 12. Effective Date

1. This Circular takes effect from November 15, 2014.

Decision No. 46/2008/QD-BVHTTDL dated June 26, 2008 of the Minister of Culture, Sports and Tourism on the issuance of Commemorative Medals and Regulations on the Awarding of Commemorative Medals "For the Cause of Culture, Sports and Tourism" shall cease to be effective from the date this Circular comes into force.

2. In the course of implementation, if there are difficulties or obstacles, it is requested that units report them to the Ministry of Culture, Sports and Tourism for consideration and resolution./.