Circular No. 12/2019/TT-BNV provides detailed regulations on implementing certain Articles of Decree No. 91/2017/NĐ-CP dated July 31, 2017 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards.

CIRCULAR

Implementing detailed provisions of certain articles of
Decree No. 91/2017/NĐ-CP dated July 31, 2017 of
the Government detailing implementation of certain articles of the Law on Competition and Rewards

Pursuant to Clause 3, Article 80 of Decree No. 91/2017/NĐ-CP dated July 31 2017 of the Government detailing implementation of certain articles of the Law on Competition and Rewards;

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

At the proposal of the Head of the Central Steering Committee for Competition and Reward;

The Minister of Home Affairs issues this Circular detailing implementation of certain articles of Decree No. Decree No. 91/2017/NĐ-CP dated July 31, 2017 of the Government detailing implementation of certain articles of the Law on Competition and Rewards.

Article 1. Explanation of terms and abbreviations

1. Explanation of Terms

a) National-level reward forms include: Orders; Medals; national honorary titles; Ho Chi Minh Prize, State Prize; Certificates of Merit from the Prime Minister.

b) National-level competition titles include: Flag of Excellence of the Government, National Model Competitor.

c) A small collective is a small-sized collective at the grassroots level, including a number of individuals working together to accomplish a task (team, squad, production workshop; department, ward of a district-level hospital, provincial-level hospital; squad of the People's Armed Forces; team of the police at the district level...).

2. Abbreviations for terms

a) Ministries, ministerial-level agencies, government agencies; Supreme People's Court, Supreme People's Procuracy, Office of the National Assembly, Office of the President, Central Party Office, Central Party Committees and equivalent bodies at the central level, State Audit Office; Vietnam Fatherland Front and central-level mass organizations; People's Committees of provinces and centrally-administered cities (abbreviated as ministries, committees, sectors, provinces).

b) Ministers, heads of ministerial-level agencies, government agencies, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, Director of the Office of the National Assembly, Director of the Office of the President, Secretary of the Central Party Office, Heads of Central Party Committees and equivalent bodies at the central level, Auditor General, Chairman of the Central Committee of the Vietnam Fatherland Front and Heads of central-level mass organizations, Chairmen of People's Committees of provinces and centrally-administered cities (abbreviated as Heads of ministries, committees, sectors, provinces).

c) Provincial People's Committee under centrally-administered cities (abbreviated as Provincial People's Committee).

d) District, urban district, town under province, centrally-administered city (abbreviated as District People's Committee).

e) Commune, ward, town People's Committee (abbreviated as Commune People's Committee).

e) Flag of Excellence for ministries, committees, sectors, and mass organizations at the central level, Certificate of Merit for ministries, committees, sectors, and mass organizations at the central level, Model Worker of ministries, committees, sectors, and mass organizations at the central level (abbreviated as Flag of Excellence for ministries, Certificate of Merit for ministries, Model Worker of ministries).

g) Flag of Excellence for provinces and centrally-administered cities, Certificate of Merit for provinces and centrally-administered cities, Model Worker of provinces and centrally-administered cities (abbreviated as Flag of Excellence for provinces, Certificate of Merit for provinces, Model Worker of provinces).

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

Article 2. General Provisions on Awards

1. For national-level commendation forms, the evaluation, recognition of achievements, and recommendation for higher-level commendation shall be carried out and the responsibility before the law shall be borne by the Head of the ministry, committee, sector, province.

For commendation forms within the authority of ministries, committees, sectors, and provinces, the evaluation and recognition of the degree of outstanding completion of tasks and the scope of influence of achievements shall be defined by ministries, committees, sectors, and provinces.

2. The Head of the ministry, committee, sector, province who has the authority to commend or recommend to a higher level for commendation shall be responsible for publicly announcing the collective and individual nominees for commendation with Orders, honorary titles of the State, "Ho Chi Minh Prize", "State Prize", and "National Model Worker" title on information media under their management: Official website, journal, industry/local newspaper before the Competition and Reward Council at the ministry, committee, sector, province convenes to examine and commend.

Soliciting opinions from the public through information media and reporting the results of information processing (including complaints and denunciations if any) must be reported to the Competition and Reward Council at the ministry, committee, sector, province before making a decision to commend or recommend to a higher level for commendation.

3. The form and level of commendation must be appropriate to the achieved achievements. Attention should be given to commending exemplary collectives and individuals in competition movements; ethnic minorities, border areas, islands, mountainous regions, remote areas, and individuals with many innovations in labor, study, and work.

4. Reports on achievements of collectives and individuals nominated for commendation must be consistent with the prescribed form and level of commendation. In the report, it must clearly state the number of decisions, date, and year recognized as completing outstanding tasks of the nominated collective and individual by the competent authority; the number of decisions, date, and year recognized as having initiatives and research topics.

For commendation based on merit and achievement: The report on achievements of collectives and individuals nominated for commendation must be calculated up to six months prior to the ministry, committee, sector, province submitting to the Prime Minister. Beyond this period, the Central Competition and Reward Board will not accept commendation submission files.

Ministries, committees, sectors, and provinces submit commendation files to the Prime Minister in writing while sending electronic documents via the "Competition and Reward Management System". Commendation files will only be accepted when the Central Competition and Reward Board receives both paper and electronic documents in accordance with regulations.

5. Only commendation based on merit and achievement can serve as grounds for commendation or recommendation for higher-level commendation. Commendation results based on campaigns (specialized themes) will be recorded and prioritized when considering commendation or recommending for higher-level commendation.

Do not commend or recommend for higher-level commendation collectives and individuals during the time the competent authority is examining disciplinary actions or investigating, auditing, inspecting when there are signs of violations or complaints and denunciations are being verified.

6. The time for the next commendation request is calculated based on the time achievements were recorded in the previous commendation decision. If the commendation decision does not specify the time, the next commendation request will be calculated based on the issuance date of the previous commendation decision.

When commending a collective that has a Party organization or mass organization, the Party organization or mass organization must be evaluated as "Outstandingly Completing Tasks".

8. The time for assessing competition titles and commendation forms for collectives and individuals in the education and training sector such as Departments of Education and Training of provinces and centrally-administered cities, Districts' Education and Training Departments, and Townships' Education and Training Departments shall be conducted after the end of the school year.

9. When awarding commendations to groups or individuals who are not under organizational management regarding personnel, salary funds, ministries, sectors, or provinces, they shall only award commendation forms within their authority and shall not propose national-level commendations. For commendations based on specific topics, they shall be carried out according to the provisions set forth in Clause 3 of Article 4 of this Circular.

10. National-level awards shall not be recommended when ministries, agencies, provinces conduct mid-term or final reviews of the implementation of laws, ordinances, decrees, or serve international, regional conferences, seminars, forums...

Article 3. On the form of rewards

1. The competent authority bases on the object, functions, tasks assigned and achievements reached by collectives and individuals to grant rewards or propose higher authorities to grant appropriate forms of reward.

2. Multiple commendation forms shall not be awarded for a single achievement. If a group or individual meets the criteria for a certain commendation form or level, the competent authority shall propose that form or level of commendation, without proposing a higher level.

For groups or individuals with outstanding and exceptional achievements, the head of ministries, sectors, or provinces shall award commendations within their authority. In cases where the achievements are particularly outstanding and have a significant impact within the sector or province, they shall propose national-level commendations.

3. In one year, no more than two forms of national-level rewards shall be proposed for examination and granting to one collective or one individual (except for exceptional rewards; rewards for long-term dedication; rewards according to service years).

Article 4. On organizing mass competitive movements in phases (specialized topics) within the scope of ministries, sectors, agencies, provinces

1. When organizing a campaign of competitive emulation within the scope of ministries, sectors, or provinces lasting three years or more, the specialized agency responsible for competitive emulation and commendation at the ministry, sector, or provincial level shall submit the plan for organizing and launching the campaign to the Central Board of Competitive Emulation and Commendation for monitoring and summarizing.

2. The head of ministries, sectors, or provinces shall carry out commendations within their authority when summarizing and concluding campaigns of competitive emulation within the scope of ministries, sectors, or provinces. Ministries and sectors shall not propose national-level commendations for entities not under their direct professional management.

3. When summarizing and concluding mass competitive movements lasting three years or longer, ministries, sectors, provinces shall grant rewards within their authority.

For campaigns of competitive emulation lasting three years or more, select groups and individuals with outstanding and exemplary achievements to propose receiving Certificates of Merit from the Prime Minister; for campaigns lasting five years or more, select groups and individuals with exceptionally outstanding achievements to propose the Prime Minister consider and recommend the President to award the Labor Medal, Third Class. Before proposing commendations, ministries, sectors, or provinces must coordinate with the Central Board of Competitive Emulation and Commendation to guide according to regulations.

Article 5. Content of organizing mass competitive movements

The heads of agencies, organizations, and units are responsible for organizing competitive motivation movements within their management scope according to the following contents:

1. Organize campaigns of competitive emulation linked to the political tasks of agencies, units, or organizations. Campaigns of competitive emulation must have a theme, name easy to remember and understand, clear targets, contents, plans, and practical methods of competitive emulation suitable to the conditions and capabilities of participation of groups and individuals.

2. Implement various measures to promote and mobilize cadres, civil servants, public officials, and workers to participate. Regularly urge and monitor the implementation process; focus on directing and guiding, inspecting campaigns of competitive emulation lasting a long time; identify new factors, exemplary models to promote and expand; summarize and conclude commendations for groups and individuals with achievements in campaigns of competitive emulation. Strengthen the dissemination of innovative ideas, experiences, effective methods for everyone to learn from.

3. Summarizing campaigns of competitive emulation must accurately assess results, effectiveness, and impacts; shortcomings and limitations and their causes; and draw lessons learned in organizing campaigns of competitive emulation. Democratic, objective, and transparent evaluation and recognition of emulation titles and commendations should promptly recognize outstanding and exemplary groups and individuals.

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 innovations are conducted by ministries, sectors, or provinces according to Decree No. 13/2012/ND-CP dated March 2, 2012, issued by the Government on the Regulations on Innovations and Circular No. 18/2013/TT-BKHCN dated August 1, 2013, issued by the Ministry of Science and Technology guiding the implementation of certain provisions of the Regulations on Innovations promulgated pursuant to Decree No. 13/2012/ND-CP.

The assessment and recognition of the scope of influence and application effectiveness of innovations to serve as the basis for examining and conferring emulation titles and commendation forms are conducted by the heads of agencies, organizations, or 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 examining and conferring emulation titles at various levels and for commendations or recommending higher-level commendations are scientific research topics that have been accepted at the satisfactory level or above 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 the agency, organization, or unit bases the scope of influence and application effectiveness of innovations and research topics to examine and confer emulation titles to individuals. If the scope of influence and application effectiveness is at the grassroots level, then confer the title "Grassroots Model Worker"; if it is at the ministry, sector, or provincial level, then confer the title "Ministry/Sector/Provincial Model Worker"; if it is nationwide, then propose to examine and confer the title "National Model Worker".

4. Based on the provisions regarding the subjects, standards, achievements obtained, and the scope of influence of innovations and research topics, the head of the agency, organization, or unit with the authority to commend may award commendations or propose higher-level commendations according to the prescribed forms.

Article 7. Authority to decide on conferring the titles "Advanced Worker", "Model Soldier at the Grassroots Level", "Advanced Labor Collective", "Advanced Unit", "Model Soldier". physician advanced practitioner”

Clause 1. For officials, civil servants, public employees, and workers employed in state agencies and public service units directly under provincial departments, sectors, and districts, the heads of the agencies, organizations, and units shall examine and submit for approval to the department, sector, or district director of the province; the Chairman of the People's Committee of the district shall examine and decide according to their authority.

Clause 2. For workers and worker collectives working in limited liability companies, joint-stock companies, foreign-invested joint ventures; cooperatives in agricultural, small-scale industrial, transportation, service, trade...sectors, the examination and decision shall be made directly by the Chairman of the Board of Directors, Chairman of the Board of Members, General Director, or Director of the enterprise or cooperative.

Article 8. Granting the Flag of Excellence Competition at the Ministry, Sector, Provincial Level

1. Ministries, sectors, provinces shall base their guidelines from the Central Steering Committee for Mobilization and Rewards and actual conditions to issue regulations on organizing competition clusters and groups to suitably fit the situation.

2. Ministries, sectors, provinces organizing competitions in clusters and groups shall consider and decide to grant the Flag of Excellence Competition to outstanding and leading collectives in competition clusters and groups.

Central ministries and sectors shall examine and award the Flag of Excellence or Commendation Certificate at the ministry level to specialized agencies of provinces participating in competition clusters and groups organized by central ministries and sectors.

Provincial People's Committees shall examine and award the Flag of Excellence or Commendation Certificate at the provincial level to collectives and individuals of central ministries and sectors participating in competition clusters and groups organized by the province.

Clause 3. The presentation of the Flag of Excellence from the Government shall be carried out in accordance with the provisions of Clause 1, Article 11 of Decree No. 91/2017/NĐ-CP. Ministries, sectors, and provinces shall not issue decisions to present the Flag of Excellence at the ministry or provincial level for collectives that meet the criteria for presenting the Flag of Excellence from the Government.

Article 9. Commendation for outstanding and exceptionally excellent achievements

Clause 1. Extraordinary outstanding achievements recognized by the region or the world as achievements awarded medals, awards, certificates, and other forms of recognition in accordance with Vietnamese law and acknowledged by the competent Vietnamese state agency.

Clause 2. Ministries, sectors, and provinces where collectives or individuals have achieved extraordinary outstanding achievements shall promptly complete the dossier based on regulations, actual conditions, and the scope of influence, and submit it to the Prime Minister.

Article 10. Commendation for dedication; commendation for religious organizations and individuals; commendation for enterprises

1. Commendation for dedication.

a) Ministries, sectors, provinces shall submit to the Prime Minister for review and to the President for commendation for dedication for individuals meeting the required conditions and standards upon announcement of retirement.

Point b) The Central Steering Committee for Mobilization and Reward shall seek opinions from the Central Organization Department and the Central Inspection Commission regarding cadres managed by the Politburo and the Secretariat before submitting to the Prime Minister for examination and recommendation to the President for commendation.

2. Commendation for religious organizations and individuals.

a) Commendation for central-level organizations of religious denominations shall be submitted by the state management agency for religions (Ministry of Home Affairs) 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.

Point c) The Central Steering Committee for Mobilization and Reward shall seek opinions from relevant religious authorities; examine and submit to the Prime Minister for examination and commendation, or submit to the Prime Minister for examination and recommendation to the President for commendation.

3. Commendation for enterprises.

Point a) Proposals for commendation forms for enterprises subject to mandatory auditing under the State Audit Law and the Independent Audit Law must include an audit report from the authorized auditing agency within five years prior to the commendation request. For enterprises not subject to mandatory auditing, the achievement report must specify the basis for not being subject to mandatory auditing.

For enterprises requesting the "Flag of Excellence from the Government" which are subject to auditing, an audit report must be provided (if there is no audit report, after obtaining the audit results, the commendation process shall be carried out in accordance with the regulations).

Point b) Collectives and individuals belonging to enterprises operating at the location of the main office shall be commended or proposed for commendation by the head of the enterprise or the Chairman of the People's Committee of the province where the main office is located, or proposed for commendation by a higher-level authority.

Units of enterprises that operate independently and fulfill obligations in localities where they do not have the main office shall be commended by the head of the enterprise within their authority, or proposed for commendation by the Chairman of the People's Committee of the province where the business registration certificate or establishment and operation permit was issued.

Point c) In cases where collectives and individuals belonging to enterprises contribute achievements to localities outside the main office location, the Chairman of the People's Committee of the province where the collective or individual has achieved the achievement shall commend them within their authority.

Article 11. Responsibilities of the Commendation and Award Council at the Ministry Level and Provincial Level

Clause 1. The Steering Committee for Mobilization and Reward at the ministry or provincial level shall assist the head in assessing the impact of the achievements of collectives and individuals nationwide; within the ministry, sector, or province, or within the industry or field under their management.

Clause 2. The permanent office of the committee shall advise the Chairman of the committee to convene meetings of the committee. The committee shall convene when at least two-thirds of the members attend. The Chairman of the committee shall chair the meeting or delegate this responsibility to one Vice-Chairman of the committee. The Chairman of the committee shall vote like other members.

3. The permanent office of the Council shall seek opinions from absent members in writing, compile and report to the Chairman of the Council; complete the Minutes of the Council meeting and the award recommendation file in accordance with regulations.

Article 12. Professional Training

1. The Central Board of Competition and Reward:

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

b) Chair or coordinate with ministries, agencies, provinces to organize specialized training sessions on competition and reward.

2. Specialized agencies for competition and reward work:

a) Develop plans and contents of programs to organize training courses on specialized skills for civil servants and officials engaged in competition and reward work under their management authority.

b) Dispatch civil servants and officials engaged in competition and reward work under their management authority to fully participate in specialized training conferences organized by the Central Board of Competition and Reward.

Article 13. Effective Date

This Circular takes effect from January 1, 2020 and replaces Circular No. 08/2017/TT-BNV dated October 27, 2017 of the Minister of Home Affairs detailing the implementation of certain provisions of Decree No. 91/2017/NĐ-CP.

Article 14. Implementation clause

1. Heads of central ministries, agencies; Chairmen of People's Committees of centrally governed cities shall be 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./.