Circular No. 12/2009/TT-BTNMT on awarding the Commemorative Medal "For the Cause of Natural Resources and Environment"

CIRCULAR

Article on awarding the Commemorative Medal "For the Cause of Natural Resources and Environment"

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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Based on the Law on Competition and Reward dated November 26, 2003 and the Law Amending and Supplementing Certain Articles of the Law on Competition and Reward dated June 14, 2005;

Based on Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain articles of the Law on Competition and Reward and the Law Amending and Supplementing Certain Articles of the Law on Competition and Reward;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Considering the proposals of the Director of the Department of Competition and Reward, and the Director of the Legal Department,

REGULATIONS

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles, subjects, criteria, procedures for examining and presenting the Commemorative Medal "For the Cause of Natural Resources and Environment".

Article 2. Applicability

1. Individuals who have worked or are currently working at agencies and units within the natural resources and environment sector, including:

a. Individuals working at units before or after their consolidation into the Ministry of Natural Resources and Environment;

b. Individuals working at local natural resources and environment agencies.

2. Individuals working outside the natural resources and environment sector but making significant contributions to the cause of building and developing the natural resources and environment sector.

3. Individuals, whether Vietnamese residing abroad or foreigners, who have made significant contributions to the cause of building and developing the natural resources and environment sector.

Article 3. Commemorative Medal

1. The Commemorative Medal "For the Cause of Natural Resources and Environment" (hereinafter referred to as the Commemorative Medal) is a form of reward by the Minister of Natural Resources and Environment recognizing the achievements of individuals who have made significant contributions to the cause of building and developing the natural resources and environment sector.

2. The Commemorative Medal has a shape, size, and color reflecting the characteristics of the natural resources and environment sector and complying with general State regulations. Accompanying the Commemorative Medal is a Certificate of the Commemorative Medal issued by the Ministry of Natural Resources and Environment.

Article 4. Principles for awarding Commemorative Medals

1. The Commemorative Medal is awarded only once and not posthumously.

2. The examination and awarding of the Commemorative Medal must be conducted in accordance with the law, the correct subjects, criteria, procedures, and ensure fairness, democracy, and transparency.

3. The examination and awarding of the Commemorative Medal shall be carried out annually.

Article 5. Rights and Obligations of Individuals Awarded the Commemorative Medal

1. To be presented with the Commemorative Medal and the Certificate of the Commemorative Medal issued by the Ministry of Natural Resources and Environment.

2. To receive monetary or material rewards of equivalent value as prescribed in Clause 2, Article 74 of Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain articles of the Law on Competition and Reward and the Law Amending and Supplementing Certain Articles of the Law on Competition and Reward.

3. To use the Commemorative Medal for purposes of propaganda and education about the traditions of the natural resources and environment sector; contributing to raising awareness and responsibility for the development of the natural resources and environment sector.

4. To properly keep and preserve the Commemorative Medal; not to lend out the Commemorative Medal.

Article 6. Cases Where Individuals Are Not Eligible for the Commemorative Medal

1. Individuals who have been awarded Medals from other sectors prior to the consolidation into the Ministry of Natural Resources and Environment.

2. Individuals who have been disciplined with warnings or higher penalties, except in cases provided for in point d, Clause 2, Article 7 of this Circular.

3. Individuals who have voluntarily left their agencies or units.

4. Individuals who have been or are being sentenced to imprisonment, including suspended sentences.

Chapter II.

CRITERIA AND PROCEDURES FOR AWARDED THE COMMENDATION MEDAL

Article 7. Criteria for awarding Commemorative Medals to individuals working in the natural resources and environment sector

1. Individuals working in the natural resources and environment sector who have good moral character, fulfill their tasks, and have worked in this sector for at least 20 years for males and 15 years for females.

2. Calculation of service time for awarding the Commemorative Medal

a. The period of work in the sector is calculated from the time spent working in agencies and units under the seven management fields of the sector (land, water resources, geology, minerals, environment, meteorology, hydrology, climate change, surveying and mapping, seas and islands), including before and after the consolidation of the natural resources and environment sector.

b. Individuals who have continuously worked for three years in mountainous or island areas must have worked for at least 15 years for males and 10 years for females.

c. Individuals who transfer from other sectors to work in the natural resources and environment sector or vice versa must have continuously worked for 25 years, with at least 10 years for males and 7 years for females in the natural resources and environment sector.

d. Individuals disciplined with a warning can only be considered for the Commemorative Medal after the disciplinary period has ended, and the disciplinary period will not be counted towards the eligibility for the Commemorative Medal.

đ. Individuals who held or currently hold leadership positions at the Department level or equivalent, or leadership positions at Provincial Natural Resources and Environment Departments, if they did not meet the required working period in the sector as stipulated in Clause 1 and Clause 2 of this Article before retirement, may still be granted the Commemorative Medal on special consideration.

3. The following cases shall not be counted towards seniority when considering for the Commemorative Medal:

a. Ministers, Deputy Ministers (currently serving, retired, or transferred).

b. Individuals who have been awarded one of the following honors or commendations: Orders of Merit, Hero of Labor, National Model Worker, People's Teacher, Distinguished Teacher, State Prize, Ho Chi Minh Prize.

c. Individuals with inventions; individuals leading at least one national scientific program or topic that has been successfully evaluated as excellent and applied in production and life; individuals with outstanding and exceptional achievements.

Article 8. Criteria for awarding Commemorative Medals to individuals working outside the natural resources and environment sector

Individuals working outside the natural resources and environment sector as specified in Clause 2 and Clause 3 of Article 2 of this Circular shall be eligible for the Commemorative Medal if they meet one of the following conditions:

1. Contributing to the leadership and management that helps build and develop the natural resources and environment sector.

2. Having valuable initiatives or scientific research projects; contributing to the building and development of the natural resources and environment sector through outstanding and exceptional achievements.

3. Contributing to the establishment and consolidation of cooperative relations between Vietnam and other countries or international organizations to help build and develop the natural resources and environment sector.

4. Providing financial or material support to help build and develop the natural resources and environment sector.

Article 9. Procedures for awarding Commemorative Medals to individuals working in the natural resources and environment sector

1. For Ministers and Deputy Ministers of the Ministry of Natural Resources and Environment: The Personnel Organization Department is responsible for preparing the dossier to propose the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council to review and submit to the Minister for decision.

2. For individuals currently working in units under the Ministry of Natural Resources and Environment: The Competition and Reward Council at the grassroots level is responsible for selecting, preparing the dossier, and submitting it to the head of the agency or unit to propose the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council to review and submit to the Minister for decision.

3. For individuals who transferred from the natural resources and environment sector to work in other ministries or sectors: The Competition and Reward Council at the grassroots level of the unit under the Ministry of Natural Resources and Environment where the individual previously worked is responsible for selecting, preparing the dossier (with confirmation of the working period from the directly managing unit) and submitting it to the head of the unit to propose the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council to review and submit to the Minister for decision.

In cases where the previous unit of the individual has been dissolved or merged, the unit receiving and continuing the organizational functions and tasks of that unit is responsible for preparing the dossier to propose the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council to review and submit to the Minister for decision.

4. For individuals working in local natural resources and environment agencies: The Competition and Reward Council of the Provincial Natural Resources and Environment Department is responsible for selecting, preparing the dossier, and submitting it to the Director of the Provincial Natural Resources and Environment Department to propose the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council to review and submit to the Minister for decision.

Article 10. Procedure for awarding Commemorative Medals to retired individuals in the natural resources and environment sector

1. For individuals who were on the payroll of units under the Ministry of Natural Resources and Environment and have since retired: The heads of units with retired staff shall cooperate with the Department of Organization and Cadres to prepare the application dossier for review by the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council, which will then submit it to the Minister for decision.

2. For retired individuals from local natural resources and environment agencies: The Competition and Reward Council of the provincial or centrally-administered city Department of Natural Resources and Environment shall prepare the dossier and submit it to the Director of the Department of Natural Resources and Environment for recommendation to the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council for review, which will then submit it to the Minister for decision.

Article 11. Procedure for awarding Commemorative Medals to individuals working outside the natural resources and environment sector

1. For individuals working outside the natural resources and environment sector, the proposing unit shall be responsible for preparing the dossier for submission to the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council for review, which will then submit it to the Minister for decision.

2. In cases where individuals have outstanding achievements that require timely recognition through the awarding of Commemorative Medals, the Department of Competition and Reward shall be responsible for preparing the dossier for submission to the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council for review, which will then submit it to the Minister for decision.

Article 12. Dossier and agency receiving the dossier for awarding Commemorative Medals

1. Application documents for awarding Commemorative Medals include:

a. A proposal for awarding Commemorative Medals from the proposing unit;

b. A list of individuals proposed for awarding Commemorative Medals;

c. An achievement report for awarding Commemorative Medals;

The proposal, list of individuals proposed for awarding, and achievement report for awarding Commemorative Medals shall be prepared according to Model Nos. 1, 2, and 3 issued together with this Circular.

2. The Department of Competition and Reward is the agency receiving the dossier for awarding Commemorative Medals.

Article 13. Time for submitting the dossier for awarding Commemorative Medals

The time for submitting the dossier for awarding Commemorative Medals to the Standing Committee of the Ministry of Natural Resources and Environment's Competition and Reward Council (Department of Competition and Reward) shall be in two batches in May and November each year.

Article 14. Awarding Commemorative Medals

The awarding of Commemorative Medals shall be directly conducted by the Minister or delegated to Deputy Ministers, heads of agencies and units under the Ministry of Natural Resources and Environment, and provincial Departments of Natural Resources and Environment.

Chapter III.

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from October 7, 2009, and replaces Decision No. 203/QĐ-BTNMT dated February 15, 2005, of the Minister of Natural Resources and Environment regarding the Commemorative Medal "For the Natural Resources and Environment Cause" and the procedure for awarding such medals.

Article 16. Implementation Organization

1. The Department of Competition and Reward shall be responsible for organizing guidance, inspection, and urging implementation of this Circular.

2. Annually, the Department of Competition and Reward shall be responsible for planning and budgeting funds for producing Commemorative Medals, printing Certificates of Commemorative Medals, and awarding them to individuals who have been awarded Commemorative Medals, which shall be consolidated into the annual budget plan of the Ministry.

3. Heads of units under the Ministry, Directors of provincial Departments of Natural Resources and Environment shall be responsible for implementing this Circular; they shall cooperate in reviewing, checking, cross-referencing, and confirming the personnel files of cadres, civil servants, public officials, and workers under their management to ensure compliance with the specified criteria and standards.

4. During the implementation process, if there are difficulties or obstacles, relevant agencies, units, organizations, and individuals shall promptly reflect these issues to the Ministry of Natural Resources and Environment for consideration and resolution.