Circular No. 13/2018/TT-BGTVT guiding the implementation of competition and reward work in the Transport Industry

CIRCULAR

Guidelines for Implementing Incentive Competition and Commendation Work in the Transport Industry

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Pursuant to the Law on Incentive Competition and Commendation dated November 26, 2003; the Law Amending and Supplementing Certain Provisions of the Law on Incentive Competition and Commendation dated June 14, 2005; and the Law Amending and Supplementing Certain Provisions of the Law on Incentive Competition and Commendation dated November 16, 2013;

Pursuant to the 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 Reward;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Circular No. 08/2017/TT-BNV dated October 27, 2017 of the Ministry of Home Affairs detailing the implementation of certain provisions of Decree No. 91/2017/NĐ-CP dated July 31, 2017 of the Government detailing the implementation of certain provisions of the Law on Incentive Competition and Commendation;

At the proposal of the Director of the Cadre and Civil Servant Department,

The Minister of Transport issues this Circular guiding the implementation of incentive competition and commendation work in the transport industry.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of incentive competition and commendation work in the transport industry, including: Organization of incentive competitions; titles of incentive competitions and standards for such titles; types of commendations, forms and standards for commendations; authority to decide and present titles of incentive competitions and forms of commendations; procedures for nominating and presenting titles of incentive competitions and forms of commendations; Incentive Competition and Commendation Councils, Scientific Councils, Initiative Councils; Incentive Competition and Commendation Funds; reporting, inspection, and handling violations related to incentive competitions and commendations.

Article 2. Applicability

This Circular applies to the following subjects:

1. Administrative agencies, public service units, enterprises (hereinafter referred to collectively as units) under the Ministry of Transport and provincial transport departments.

2. Other organizations and individuals operating in the transport sector.

3. Individuals are Vietnamese citizens, foreign nationals; Vietnamese and foreign agencies and organizations, international organizations in Vietnam contributing to the Vietnamese transport sector.

Article 3. Principles of Competition and Reward

1. Principles of Competition

a) Voluntary, conscientious, public;

b) Unity, cooperation, mutual development;

c) The consideration for awarding incentive competition titles must be based on the incentive competition movement; individuals and groups participating in the incentive competition movement must register for the competition, set goals and competition indicators; if they do not register for the competition, they will not be considered or recognized for incentive competition titles.

2. Principles of Reward

a) Accurate, public, fair, timely;

b) A form of commendation may be awarded multiple times to the same recipient; multiple forms of commendation shall not be awarded for the same achievement.

c) Ensure consistency between the nature, form, and recipient of commendation.

d) Closely combine spiritual encouragement with material incentives.

đ) The form of commendation must be appropriate to the recipient, function, and assigned tasks of the group or individual, and the achievements made.

e) Commendation must be based on conditions, standards, and achievements made, without necessarily requiring a lower level of commendation before a higher level can be awarded. Emphasis should be placed on commending small groups and individuals who are directly engaged in labor, production, study, work, or combat service.

Commendation forms conducted in batches (or special topics) do not count towards the criteria and standards for recommending national-level commendations.

When multiple individuals or groups meet the criteria and standards, preference should be given to selecting female individuals or groups with a female ratio of 70% or more for commendation. For female leaders and managers, the tenure required for commendation during their period of dedication is reduced by one-third compared to the general regulations; in cases where the retirement age is higher, the tenure required for commendation during their period of dedication follows the general regulations.

 

Chapter II

ORGANIZATION OF INCENTIVE COMPETITIONS, TITLES AND STANDARDS FOR INCENTIVE COMPETITION TITLES

Section 1

FORMS, CONTENT, REGISTRATION, AND RESPONSIBILITIES IN THE ORGANIZATION OF INCENTIVE COMPETITIONS

Article 4. Forms of Competition and Emulation

1. Regular competition and emulation is a form of competition and emulation based on the functions and tasks assigned to individuals and collectives to organize and launch, aiming to perform daily, monthly, quarterly, and annual work of the unit well.

The organization of regular competition and emulation movements must clearly define the purpose, requirements, goals, specific indicators, and be implemented at the unit or within a cluster or emulation group to launch the competition and emulation movement and sign competition and emulation agreements.

2. Periodic competition and emulation (or thematic) is a form of competition and emulation aimed at performing key tasks or a focused field determined within a specific period, to strive to complete the key and urgent tasks of the unit. Competition and emulation should only be launched periodically when the purpose, requirements, indicators, contents, and solutions are clearly defined.

Article 5Content of organizing the competition and emulation movement

1. Clearly define the goals, scope, and subjects of competition and emulation; based on this, set out specific indicators and contents of competition and emulation. The determination of the content and indicators of competition and emulation must be scientific, appropriate to the reality of the unit, and feasible.

2. Implement measures to organize, mobilize the masses to participate in the competition and emulation movement, and monitor and direct the process of implementing the competition and emulation movement.

3. Organize interim and final reviews, evaluate the results of the competition and emulation movement, and select outstanding and exemplary collectives and individuals for rewards or recommend higher authorities to reward them.

4. Pay attention to publicizing the content and significance of periodic competitions and emulations; commend and honor exemplary models who have achieved outstanding results in the competition and emulation movement.

Article 6. Registration for Competition and Emulation, Titles of Competition and Emulation

1. Annual registration for regular competition and emulation: Each year, units under the Ministry of Transport (hereinafter referred to as the Ministry), provincial transport departments shall proactively organize individuals and collectives to register for competition and emulation with specific contents, indicators, titles of competition and emulation, and forms of reward; submit the registration for competition and emulation to the Ministry of Transport before February 15.

2. Periodic registration for competition (or thematic):

a) Units and provincial transport departments that organize periodic (or thematic) competition and emulation movements must proactively build plans and register for competition and emulation, and forms of reward, and send them to the Ministry of Transport within 15 days from the date of launching the competition and emulation movement;

b) Units under the Ministry that are entrusted by the Ministry of Transport to oversee the implementation of key and urgent tasks or a project, construction, program requiring focus to launch periodic (or thematic) competition and emulation movements or to respond to a campaign involving many participants must proactively organize competition and emulation, register for competition and emulation, and forms of reward of related units and send them to the Ministry of Transport.

Article 7. Responsibilities for implementing and organizing competition movements

1. Heads of units are responsible for leading and coordinating with peer-level mass organizations to organize, launch, and direct competition and emulation movements within their management scope, actively discover and select collectives and individuals with meritorious achievements for rewards or recommend higher authorities to reward them; promote and widely disseminate exemplary models.

2. Departments responsible for competition and emulation work base on specific tasks and indicators of annual and five-year work plans and assigned political tasks, coordinate with mass organizations to advise and propose policies, contents, programs, plans, and measures for competition and emulation; organize and inspect competition and emulation movements and reward work; advise on interim and final reviews of competition and emulation movements, widely disseminate exemplary models; propose rewards and solutions to improve the effectiveness of competition and emulation work.

The Competition and Reward Council of the Ministry is responsible for advising the Minister to organize and direct competition and emulation movements throughout the industry.

3. Heads of transportation information, press, and publishing agencies are responsible for proactively coordinating with the Standing Office of the Competition and Reward Council of the Ministry and mass media to regularly publicize competition and reward work; commend and honor, set examples for exemplary models, good people, and good deeds, promote competition and reward movements; combat violations of laws on competition and reward.

Section 2

AWARDS AND STANDARDS FOR COMPETITION AWARDS

Article 8. Commendation Titles

1. For individuals: Titles "Advanced Worker"; "Model Soldier at the Grassroots Level"; "Model Soldier in the Transportation Industry" and title "National Model Soldier".

2. For collectives: Titles "Advanced Labor Collective"; "Excellent Labor Collective"; "Flag of Competition and Emulation of the Ministry of Transport" and title "Flag of Competition and Emulation of the Government".

Article 9. Criteria for Awards for Individuals

1. Title "Advanced Worker"

a) The title "Advanced Worker" is reviewed annually for individuals meeting the following criteria:

Successfully completing assigned tasks, achieving high productivity and quality; for workers and employees, effectively producing labor;

Adhering to unit regulations and Party policies and state laws; having a spirit of overcoming difficulties to complete tasks; being united, supporting colleagues; actively participating in competition and emulation movements;

Actively studying politics, culture, professional knowledge, and vocational skills;

Having good morals and a healthy lifestyle.

b) Individuals participating in combat, serving combat, or exhibiting courageous actions to save people or property of the State or the people, resulting in injuries requiring treatment or convalescence according to the conclusion of a district-level medical facility or equivalent, the treatment and convalescence time will be counted towards the review for the title "Advanced Worker";

c) Individuals sent for short-term training or retraining under one year, complying with the rules of the training or retraining institution, the study time will be counted towards the working time at the agency, organization, or unit to be eligible for the title "Advanced Worker". In cases where individuals are sent for training or retraining for one year or more, comply with the rules of the training or retraining institution, and achieve satisfactory academic performance or better, the time will be counted towards the review for the title "Advanced Worker";

d) Maternity leave time according to regulations will be counted towards the review for the title "Advanced Worker".

d) For individuals transferred to new agencies, organizations, or units, the new agency, organization, or unit shall be responsible for reviewing and awarding the title of "Advanced Worker" (in cases where the individual has worked at the previous agency for six months or more, the opinion of the previous agency must be obtained).

In cases where individuals are temporarily assigned or seconded to other units, the decision to review and award the title of "Advanced Worker" shall be made by the unit that assigns or seconds them and confirmed by the receiving unit.

e) Individuals who have been newly recruited for less than ten months or have been disciplined with a warning or higher shall not be considered for the title of "Advanced Worker."

2. The title of "Model Worker at the Grassroots Level" is awarded annually to individuals meeting the following criteria:

a) Achieving the title of "Advanced Worker;"

b) Proposing initiatives that increase labor productivity and work efficiency, recognized by the Scientific Council (Initiative Council) at the grassroots level; or having research topics that have been accepted and applied within the unit; or participating in drafting normative legal documents or projects submitted to the Government; completing tasks exceptionally well, recognized by the unit.

The proportion of individuals recognized with the title of "Model Worker at the Grassroots Level" shall not exceed fifteen percent of the total number of individuals achieving the title of "Advanced Worker."

The Scientific Council (Initiative Council) is responsible for assisting the head in reviewing and recognizing the effectiveness and scope of influence of initiatives and research topics. An initiative is a technical solution, management solution, work method, operational solution, or application of technological progress.

3. The title of "Model Worker in the Transport Industry" is awarded to individuals meeting the following criteria:

a) Having outstanding achievements among those who have continuously achieved the title of "Model Worker at the Grassroots Level" three times;

b) Proposing initiatives or research topics that have been practically applied and achieved high effectiveness and impact in one of the fields of the Transport Industry, recognized by the head of the Ministry, department, sector, province, or central mass organization; or being a member of the Drafting Board or Editorial Group of normative legal documents (from Decrees upwards) that have been promulgated and ensure quality.

4. The title of "National Model Worker"

a) The title of "National Model Worker" is awarded to individuals with the most outstanding achievements selected from those who have continuously achieved the title of "Model Worker in the Transport Industry" twice;

b) Initiatives or research topics serving as the basis for awarding the title of "National Model Worker" must have been practically applied and achieved high effectiveness and impact nationwide;

c) The time for awarding the title of "National Model Worker" is the year immediately following the second time the individual achieves the title of "Model Worker in the Transport Industry."

Article 10. Criteria for commendation titles for collectives

1. The title of "Advanced Labor Collective"

The title "Advanced Labor Collective" shall be awarded annually to collectives meeting the following criteria:

a) Successfully completing assigned tasks and plans;

b) Having a regular, practical, and effective competition movement;

c) More than fifty percent of individuals in the collective achieve the title of "Advanced Worker," and there are no individuals disciplined with a warning or higher;

d) Internal solidarity, strictly adhering to the Party's policies and State laws.

2. The title of "Outstanding Labor Collective"

The title of "Outstanding Labor Collective" is awarded annually to collectives meeting the following criteria:

a) Achieving the title of "Advanced Labor Collective;"

b) Demonstrating a spirit of innovation, overcoming difficulties, and completing tasks exceptionally well, fulfilling their obligations to the State;

c) All individuals within the collective completing their assigned tasks, of which at least 70% have achieved the title "Advanced Worker";

d) Having individuals who achieve the title of "Model Worker at the Grassroots Level" and no individuals disciplined with a warning or higher;

đ) Internal unity, exemplary compliance with the Party's policies and State laws.

3. The title of "Flag of Excellence of the Ministry of Transport"

The title of "Flag of Excellence of the Ministry of Transport" is awarded annually to outstanding collectives that excel comprehensively in their tasks and are evaluated and reviewed according to the competition groups of the Ministry of Transport, meeting the following criteria:

a) Exceeding the assigned targets and tasks for the year;

b) Having new factors and models for other collectives under the Ministry of Transport to emulate;

c) Internal unity, actively practicing thrift, combating waste, corruption, and other social evils.

4. The title of "Flag of Excellence of the Government"

The title of "Flag of Excellence of the Government" is awarded annually to:

a) Collectives meeting the following criteria:

Achieving outstanding results, surpassing set targets and tasks for the year;

Being outstanding and leading among collectives that meet the criteria for the Flag of Excellence of the Ministry of Transport;

Internal unity, leading in practicing thrift, combating waste, corruption, and other social evils.

If the Ministry of Transport nominates and the Government awards the title of "Flag of Excellence of the Government," then the title of "Flag of Excellence of the Ministry of Transport" will not be awarded. If the Ministry of Transport nominates but the Government does not award the title of "Flag of Excellence of the Government," the Ministry of Transport will award the title of "Flag of Excellence of the Ministry of Transport."

b) The most outstanding collective in the movement for excellence initiated by the President of the State or the Prime Minister, evaluated, reviewed, and honored when summarizing and concluding over five years.

Chapter III

CLASSIFICATION, FORMS, AND STANDARDS FOR RECOGNITION AND REWARD

Article 11. Types of Awards

1. Recognition and reward based on achievements and accomplishments is a form of rewarding collectives and individuals with outstanding achievements or exceptional completion of assigned tasks, contributing to the cause of building and defending the country.

The degree of exceptional completion of tasks for collectives and individuals is determined by the awarding authority based on regulations, evaluation, and recognition.

2. Periodic (or thematic) recognition and reward is given to collectives and individuals who achieve outstanding results after the completion of a competition period initiated by the President of the State, the Prime Minister, the Minister of Transport, or heads of agencies, organizations, and units under the Ministry.

3. Immediate recognition and reward is given to collectives and individuals who achieve outstanding or exceptionally outstanding results unexpectedly.

Unexpected achievements are those achieved outside the program, plan, or assigned tasks.

Extraordinary outstanding achievements are those extraordinary achievements reached at an exceptionally outstanding level when courageously rescuing people or state assets, during combat or service in combat, or establishing extraordinary outstanding achievements in fields recognized by regions or the world.

4. Commendation for dedication is commendation given to individuals who have participated in activities during revolutionary stages, held leadership positions in state agencies, public institutions, political organizations, socio-political organizations, and made significant contributions with outstanding achievements to the revolutionary cause of the Party and the nation.

5. Foreign commendation is commendation given to individuals, foreign agencies, and international organizations in Vietnam; groups and individuals outside the Transportation sector who have made many achievements contributing to the construction and development of the Vietnamese Transportation sector.

Article 12. Forms of Awards

1. State-level commendation forms

a) Orders of merit;

b) Friendship Medals;

c) Title of "Heroic Laborer";

d) Title of "Heroic People's Armed Forces";

đ) Title of "People's Teacher", "Outstanding Teacher";

e) Title of "People's Doctor", "Outstanding Doctor";

g) Ho Chi Minh Award, State Award;

h) Certificate of Merit from the Prime Minister.

2. Ministry-level commendation forms

a) Commemorative Medal "For the Development of the Vietnamese Transportation Industry";

b) Certificate of Merit from the Minister of the Ministry of Transportation.

3. Basic-level commendation forms

Certificate of Merit from the Head of the Unit under the Ministry (having legal personality, having a bank account, having its own seal).

Article 13. Criteria for State-level commendation

1. The criteria for the titles of "Heroic Laborer", "Heroic People's Armed Forces", Orders of merit, Friendship Medals, and Certificates of Merit from the Prime Minister shall be implemented according to the provisions set forth in Articles 60 and 61 of the Law on Competition and Reward, and Articles 14, 15, 16, 17, 18, 22, 23, 24, 28, 29, 30, 32, 33, 36, and 38 of Decree No. 91/2017/ND-CP dated July 31, 2017 of the Government (hereinafter referred to as Decree No. 91/2017/ND-CP of the Government) and other relevant normative legal documents.

2. Criteria for the titles of "People's Teacher", "Outstanding Teacher", "People's Doctor", "Outstanding Doctor"

a) The objects and criteria for awarding are implemented according to the provisions set forth in Articles 62 and 63 of the Law on Competition and Reward;

b) Departments assisting the Minister in overseeing education and training (for the title of Teacher) and healthcare (for the title of Doctor) shall take the lead and coordinate with the Standing Office of the Ministry's Competition and Reward Council to report to the specialized council at the ministry level for review and approval, and submit to the national-level council for consideration and decision.

3. "Ho Chi Minh Award", "State Award"

a) The "Ho Chi Minh Award" and "State Award" are awarded to authors of one or more scientific research, technological, or educational works in the Transportation sector that meet the criteria stipulated in Articles 66, 67, and 68 of the Law on Competition and Reward;

b) The "Ho Chi Minh Award" and "State Award" are reviewed and announced every five years on National Day, September 2nd;

c) Departments assisting the Minister in overseeing these areas shall take the lead and coordinate with the Standing Office of the Ministry's Competition and Reward Council to report to the specialized council at the ministry level for review and approval, and submit to the national-level council for consideration and decision.

Article 14. Criteria for Ministry-level Awards

1. The Commendation Medal "For the Cause of Developing Vietnam's Transport Industry" shall be awarded according to the provisions set forth in Article 37 of Decree No. 91/2017/NĐ-CP of the Government and the procedural guidelines for awarding the Commendation Medal "For the Cause of Developing Vietnam's Transport Industry".

2. The Certificate of Merit from the Minister of Transport shall be awarded to collectives who serve as exemplary models in implementing Party policies, State laws, maintain internal unity, and meet one of the following criteria:

a) Outstanding achievements recognized in competition movements;

b) Achieve outstanding and sudden achievements with significant impact within their respective fields of the transport industry;

c) Stand out among collectives that have continuously excelled in their tasks for at least two years, maintain internal unity, effectively implement democratic regulations at the grassroots level, organize good competitive movements, care for the material and spiritual lives of members, practice thrift, and fully comply with all systems and policies;

d) Demonstrate outstanding achievements in ensuring traffic order and safety, or contribute labor, land, and assets to the cause of building and developing the transport industry.

3. The Certificate of Merit from the Minister of Transport shall be awarded to individuals who serve as exemplary models in implementing Party policies and State laws and meet one of the following criteria:

a) Outstanding achievements recognized in competition movements;

b) Achieve outstanding and sudden achievements with significant impact within their respective fields of the transport industry;

c) Stand out among individuals who have continuously excelled in their tasks for at least two years, during which time they have two recognized and effectively applied initiatives at the grassroots level; workers who achieve many accomplishments in production with significant impact within their units.

4. The Certificate of Commendation issued by the head of subordinate units under the Ministry shall be awarded to collectives and individuals according to the provisions set forth in Articles 74, 75, and 76 of the Law on Competition and Reward; Clause 1 and Clause 3 of Article 40 of Decree No. 91/2017/NĐ-CP of the Government.

Chapter IV

PROCEDURE FOR CONSIDERING AND AWARDED COMPETITION TITLES AND AWARD FORMS

PROCEDURES, DOCUMENTATION FOR CONSIDERING AND AWARDED COMPETITION TITLES,

Section 1

PROCEDURES, DOCUMENTATION FOR CONSIDERING AND AWARDED COMPETITION TITLES,

FORMS OF REWARD

Article 15. Procedures for Awarding Rewards

1. The level responsible for managing organizational structure, cadres, civil servants, public officials, employees, and salary funds shall be responsible for rewarding or recommending rewards to higher levels for those within its management scope.

2. For enterprises (companies, corporations):

a) State-owned enterprises: The Ministry of Transport shall reward or recommend rewards to higher levels for state-owned enterprises established by the Prime Minister's decision; state-owned enterprises established or managed by the Ministry.

b) Enterprises where the State holds more than 50% of the charter capital: The Ministry of Transport shall reward or recommend rewards to higher levels for enterprises for which the Ministry of Transport is entrusted by the Government to exercise the rights and responsibilities of the State's representative owner.

c) Enterprises where the State holds less than 50% of the charter capital: The procedures for rewarding shall be carried out according to the provisions set forth in point a of Clause 6 of Article 46 of Decree No. 91/2017/NĐ-CP of the Government.

3. For organizations and individuals specifically responsible for Party and mass organization work, the procedures for rewarding shall be carried out according to the provisions set forth in Clause 4 of Article 46 of Decree No. 91/2017/NĐ-CP of the Government.

4. The level primarily responsible for launching competition campaigns (or special topics) shall reward or recommend rewards to higher levels when selecting exemplary models during the summary phase. In cases of outstanding achievements with significant impact throughout the industry or nationwide, recommendations shall be made to competent authorities to propose the Prime Minister for consideration of awarding Certificates of Merit or the President for commendation.

5. Forms of rewards proposed by subordinate units under the Ministry of Transport to other Ministries, agencies, provinces, and central mass organizations for commendation must be reported and approved by the Competition and Reward Council of the Ministry of Transport before submission.

6. Subordinate units under the Ministry of Transport are responsible for identifying and recommending rewards at the Ministry or national level for collectives and individuals outside the transport industry who have contributed to the construction and development of transportation. Departments of Transport are responsible for identifying collectives and individuals who have made significant contributions to the industry and recommending them to the Minister of Transport for consideration of commendation.

7. For rewards to organizations and individuals who are foreigners, the Department of International Cooperation is responsible for compiling files to submit to the Ministry for consideration of rewards according to regulations.

8. The permanent office of the Competition and Reward Council of the Ministry of Transport is responsible for identifying; proposing outstanding collectives and individuals with excellent achievements and guiding the preparation of files for the Minister to consider and decide on rewards or recommend rewards to higher levels.

Article 16. General provisions on procedures for commendation

1. Examination of competition and commendation according to general procedures

a) The permanent office of the Competition - Commendation Council of the Ministry shall be responsible for:

Examining the files, procedures, conditions, and standards as prescribed and reporting to the Competition - Commendation Council of the Ministry for review and approval regarding forms of State commendation, the title "Flag of Government Competition", "Flag of the Ministry of Transport Competition", "National Model Worker" (for cases proposing commendations "Golden Star Order", "Ho Chi Minh Order", "Independence Order" at all levels, titles "People's Teacher", "People's Doctor", "National Model Worker", and title "Heroic Laborer", after obtaining the agreement of the Competition - Commendation Council of the Ministry, must seek and obtain the consent of the Party Committee of the Ministry before submitting). The procedure for bestowing the title "Heroic People's Armed Forces" shall be implemented in accordance with the guidance of the Ministry of National Defense;

Examining the file and reporting to the Minister for consideration and decision to award: The title "Model Worker of the Transport Industry", Commemorative Medal "For the Development of Vietnam's Transport Industry", Certificate of Merit of the Minister of Transport, title "Excellent Labor Collective" (for the title "Model Worker of the Transport Industry", must seek and obtain the consent of the Competition - Commendation Council of the Ministry to commend).

b) A registered competition title at the beginning of the year may be considered for a higher, equal, or lower competition title depending on the nature and level of achievements made during the year.

c) The endorsement of commendation for competition titles and State commendation forms shall be carried out in accordance with the provisions of Article 47 of Decree No. 91/2017/NĐ-CP of the Government.

d) The commendation proposal file should be sent to the Ministry of Transport simultaneously and sent electronically in writing to the address [email protected] (in .doc or .docx format for the proposal letter, list, achievement report; in .pdf format for other related files; except for documents containing state secrets).

đ) When examining the titles "Model Worker of the Transport Industry", "National Model Worker", "Heroic Laborer", "Heroic People's Armed Forces", the Competition - Commendation Council must convene a meeting and vote secretly. The collective or individual proposed for commendation must have a secret ballot approval rate of at least 90% based on the total number of Council members.

e) The number of collectives examined and proposed for the "Flag of Government Competition" shall not exceed 20% of the total number of collectives meeting the criteria for the "Flag of the Ministry of Transport Competition".

g) For units with the obligation to pay state budget, when preparing files for competition titles or commendation forms for the unit or individual as the head of the unit, the commendation file must include a confirmation document from the competent tax management agency.

Units subject to audit must have an audit report from the competent audit agency within five years prior to the commendation request. For units not subject to audit, the achievement report must specify the basis for not being subject to audit.

h) The head of the unit is responsible under the law for the procedures, files, processes, accuracy of achievements, and related contents concerning the implementation of Party policies and State laws.

2. Examination of commendation according to simplified procedures

Cases of examination of commendation according to simplified procedures shall be carried out in accordance with the provisions of Article 85 of the Law on Competition and Commendation.

Depending on the outstanding achievements obtained by the collective or individual and the scope of influence, appropriate commendation forms shall be given. For cases of posthumous commendation, the unit where the individual worked has the responsibility to prepare the commendation proposal file.

Article 17. Application dossier for commendation titles

1. Commendation title "Flag of Excellence of the Government"

The application dossier consists of three sets (original copies), including:

a) Report with attached list of proposals;

b) Minutes and results of secret ballot of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report according to Model 1 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the unit has the obligation to pay state budget;

đ) Opinion of the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) where the main office of the unit is located regarding the implementation of the Party's guidelines, state policies, and local regulations;

2. Commendation title "Flag of Excellence of the Ministry of Transport"

The application dossier consists of one set (original copy), including:

a) Report with attached list of proposals;

b) Minutes and results of secret ballot of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report according to Model 1 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the unit has the obligation to pay state budget;

3. Commendation title "Outstanding Labor Collective"

The application dossier is established in one set (original copy) including:

a) Report with attached list of proposals;

b) Minutes of meeting and results of secret ballot of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report according to Model 1 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the unit has the obligation to pay state budget;

4. The title of "National Model Worker"

The application dossier is established in three sets (original copies), including:

a) Petition letter accompanied by the list of recommendations and recommendation document of the same-level Party committee;

b) Minutes of meeting and results of secret ballot (with agreement rate of 90% or higher) of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report according to Model 2 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the recommendation is made to the head of the unit that has the obligation to pay state budget;

đ) Opinion of the People's Committee of the commune (place of residence) regarding the implementation of the Party's guidelines, state policies, and local regulations for cases where the recommendation is made to the head of the unit;

e) Certification from the competent authority on the effectiveness and scope of impact of inventions and scientific research topics;

5. Commendation title "Excellence Medalist of the Transport Industry"

The application dossier is established in one set (original copy) including:

a) Report with attached list of proposals;

b) Minutes of meeting and results of secret ballot (with agreement rate of 90% or higher) of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report according to Model 2 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the recommendation is made to the head of the unit that has the obligation to pay state budget;

đ) Certification from the competent authority regarding inventions and scientific research topics;

6. For commendation titles "Excellence Medalist at the Grassroots Level", "Advanced Worker", and "Advanced Labor Collective", the application dossier shall be implemented in accordance with Clause 1 Article 84 of the Law on Commendation and Reward and Article 50 of Decree No. 91/2017/NĐ-CP of the Government;

Article 18. Application dossier for reward forms

1. Orders of various types

The application dossier is established in four sets (original copies) including:

a) Petition letter accompanied by the list of recommendations (cases recommending Orders of Independence Class III or higher must have a document with the opinion of the same-level Party committee);

b) Minutes of meeting of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report for collective units according to Model 1; for individuals according to Model 2 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the recommendation is made to the unit or the head of the unit that has the obligation to pay state budget;

đ) Opinion of the People's Committee of the commune (where the unit's main office is located; place of residence for the head of the unit) regarding the implementation of the Party's guidelines, state policies, and local regulations;

The application dossier for awarding the Friendship Order shall be implemented in accordance with Clause 4 Article 52 of Decree No. 91/2017/NĐ-CP of the Government;

2. Friendship Medal

The application dossier is established in four sets (original copies) including:

a) Report with attached list of proposals;

b) Achievement report and list of recommended awardees (the direct recommending unit must have an achievement report for organizations according to Model 8; for individuals according to Model 9 attached to this Circular);

3. Commendation title "Heroic Laborer"

The application dossier is established in four sets (original copies) including:

a) Petition letter from the grassroots level to the level to be submitted to the Ministry, recommendation document of the same-level Party committee;

b) Minutes of meeting and results of secret ballot (with agreement rate of 90% or higher) of the Commendation and Reward Council at all levels;

c) Achievement report for collective units according to Model 4; for individuals according to Model 5 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the recommendation is made to the unit or the head of the unit that has the obligation to pay state budget;

đ) Opinion of the People's Committee of the commune (where the unit's main office is located; place of residence for the head of the unit) regarding the implementation of the Party's guidelines, state policies, and local regulations;

4. Commendation title "Heroic People's Armed Forces"

The application dossier for awarding shall be implemented in accordance with the guidance of the Ministry of National Defense;

5. Certificate of Merit of the Prime Minister

The application dossier is established in three sets (original copies) including:

a) Report with attached list of proposals;

b) Minutes of meeting of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report for collective units according to Model 1; for individuals according to Model 2 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the recommendation is made to the unit or the head of the unit that has the obligation to pay state budget;

đ) Opinion of the People's Committee of the commune (where the unit's main office is located; place of residence for the head of the unit) regarding the implementation of the Party's guidelines, state policies, and local regulations;

6. Commendation titles "People's Teacher", "Excellent Teacher"

The application dossier for awarding shall be implemented in accordance with Decree No. 27/2015/NĐ-CP dated March 10, 2015 of the Government on the awarding of the titles "People's Teacher" and "Excellent Teacher";

7. Commendation titles "People's Doctor", "Excellent Doctor"

The application dossier for awarding shall be implemented in accordance with Decree No. 41/2015/NĐ-CP dated May 5, 2015 of the Government on the awarding of the titles "People's Doctor" and "Excellent Doctor";

8. Ho Chi Minh Prize, State Prize

The application dossier for awarding shall be implemented in accordance with Decree No. 90/2014/NĐ-CP dated September 29, 2014 of the Government on literature and art;

9. Commemorative Medal "For the Development of Vietnam's Transport Industry"

Implemented in accordance with Article 37 of Decree No. 91/2017/NĐ-CP of the Government and procedural guidelines for awarding the Commemorative Medal "For the Development of Vietnam's Transport Industry";

10. Certificate of Merit of the Minister of Transport

The application dossier is established in one set (original copy) including:

a) Report with attached list of proposals;

b) Minutes of meeting of the Commendation and Reward Council at the level to be submitted to the Ministry;

c) Achievement report for collective units according to Model 1; for individuals according to Model 2 attached to this Circular;

d) Tax confirmation in accordance with point g Clause 1 Article 16 of this Circular for cases where the recommendation is made to the unit or the head of the unit that has the obligation to pay state budget;

Article 19. Reward application dossier Simplified procedures

The application dossier is established in one set (original copy) for departmental commendations; three sets (original copies) for national commendations, including:

1. Petition letter of the recommending agency or unit at the level to be submitted to the Ministry;

2. Achievement report according to Model 6 attached to this Circular.

Article 20. Time for submission and examination of commendation files

1. For the titles of Excellence Flag of the Government, Excellence Flag of the Ministry of Transport, and Merit Certificate of the Minister of Transport on the rural transport movement - mountainous region, the deadline for submitting files shall be based on the annual summary guidance on competition and commendation work issued by the Ministry. The examination period for the files shall be based on the time and form of the industry's final conference.

2. For the forms of commendation such as Merit Certificate of the Prime Minister, Orders, and the title of National Model Worker, the latest deadline for submitting files is April 30 each year. For the title of Heroic Laborer, according to regulations, it will be organized every five years during the National Competition and Patriotism Congress at all levels, except for special cases of outstanding excellence.

The time for the Ministry’s Competition and Commendation Council to examine and submit national-level commendation files shall be carried out in accordance with point b Clause 2 Article 48 of Decree No. 91/2017/NĐ-CP of the Government.

3. For the titles "People's Armed Forces Hero", "National People's Teacher", "Outstanding People's Teacher", "National People's Doctor", "Outstanding People's Doctor", "Ho Chi Minh Award", "State Award", the deadlines for submission and examination of files shall be in accordance with the guidelines of relevant Ministries and sectors.

4. For the titles "Excellent Labor Collective", "Industry Model Worker" and the form of commendation "Minister's Merit Certificate", the deadline for submitting commendation files is before March 31 each year; for the Commemorative Medal "For the Cause of Developing Vietnam's Transport Industry", the deadline for submitting commendation files is before June 1 each year.

The examination period for commendation files shall not exceed 25 working days from the date of receiving complete files. The competent authority shall notify the results of the examination and commendation to the agencies and units that have submitted the files. In complex cases requiring additional time for verification, the examination period may be extended but shall not exceed an additional 15 working days.

Section 2

AUTHORITY TO DECIDE AND PRESENT AWARDS

COMPETITION TITLES AND REWARD FORMS

Article 21. Decision-making Authority

1. The decision-making authority for granting competition titles and forms of State commendation shall be implemented in accordance with Articles 77 and 78 of the Law on Competition and Commendation.

2. The Minister of Transport decides to grant the "Excellence Flag of the Ministry of Transport"; the title "Transport Industry Model Worker"; the Commemorative Medal "For the Cause of Developing Vietnam's Transport Industry" to individuals; the Minister's Merit Certificate to collectives and individuals within and outside the Transport Industry; the title "Excellent Labor Collective" to agencies assisting the Minister and subordinate units.

3. The heads of units with legal personality under the Ministry shall examine and grant the title "Excellent Labor Collective"; "Advanced Labor Collective" to collectives; "Model Worker at the Base Level"; "Advanced Worker" to individuals and Certificates of Merit to collectives and individuals within their management authority. For units without legal personality, the examination and granting shall be conducted by the immediate superior head of the unit.

Article 22. Organization of Presentation

1. The ceremony for presenting competition titles and forms of State commendation shall be carried out in accordance with Decree No. 145/2013/NĐ-CP dated October 29, 2013 of the Government on organizing commemorative days; presentation and reception ceremonies for commendation forms and competition titles.

2. The presentation of competition titles and forms of Ministry-level commendation shall be carried out in accordance with Article 81 of the Law on Competition and Commendation.

3. For collectives and individuals in the advisory assistance agency sector to the Minister who achieve State-level and Ministry-level competition titles and commendations, the Ministry Office shall be responsible for organizing the presentation, coordinating with the Standing Body of the Ministry’s Competition and Commendation Council.

4. The Standing Body of the Ministry’s Competition and Commendation Council shall be responsible for guiding and inspecting units to organize the presentation and reception ceremonies for State competition titles and commendations solemnly and economically.

Chapter V

COMPETITION AND REWARD COUNCIL,

SCIENTIFIC COUNCIL, INNOVATION COUNCIL

Article 23. The Ministry of Transport's Competition and Reward Council

1. The Ministry of Transport's Competition and Reward Council is the advisory body to the Minister for competition and reward work throughout the sector.

The Minister of Transport shall stipulate the functions, tasks, authorities, and organizational structure of the Council.

2. The membership of the Ministry of Transport's Competition and Reward Council includes:

a) The Chairman of the Board is the Minister;

b) Vice Chairperson:

The permanent Vice Chairperson is the Deputy Minister responsible for competition and reward;

The Deputy Director of the Cadre and Civil Servant Organization Department responsible for competition and reward work;

Other Vice Chairpersons are decided by the Minister of Transport.

c) Members are heads of some advisory bodies assisting the Minister.

3. The permanent office of the Competition and Reward Council

a) The Cadre and Civil Servant Organization Department is the permanent office of the Council;

b) In case of necessity, the Ministry's Competition and Reward Council may invite some relevant representatives to attend its meetings. Invited representatives can express their opinions but have no voting rights.

4. The permanent office of the Council is responsible for advising the Minister to issue Decisions on establishing the Council and operating regulations of the Council in accordance with the operating regulations of the Central Competition and Reward Council and legal provisions on competition and reward work.

Article 24. Grassroots Competition and Reward Council

1. Legal entity units must establish a Competition and Reward Council, consisting of:

a) The Chairman of the Council is the head of the unit;

b) The permanent Vice Chairperson is the head of the organization, advising the unit's leader on competition and reward work; other Vice Chairpersons are decided by the Council Chairperson;

c) Members are representatives of party committees, mass organizations, and heads of certain units, decided by the Chairman of the Council.

2. The grassroots Competition and Reward Council operates according to the Regulations issued by the unit's leader, performing advisory and consulting functions on competition and reward work; working under the principle of democratic centralism and deciding by majority vote; in case of equal opinions among Council members, the opinion of the Council Chairperson will be taken.

In cases where necessary, the Council may invite some relevant representatives to attend meetings; invited representatives can express their opinions but do not have voting rights.

3. Tasks of the Grassroots Competition and Reward Council

a) Organizing, directing, guiding, inspecting, urging the implementation of competition movements and promoting exemplary models and good deeds in the field and management tasks of the unit, ensuring that the movement develops strongly, widely, correctly, practically, and effectively;

b) Reviewing and selecting outstanding collectives and individuals in the competition movement, submitting to the unit's leader for decision to confer commendation titles and reward forms within their authority or to higher levels for rewards as prescribed;

c) Summarizing and concluding the competition movement, reporting to the competent authority as prescribed;

d) Performing other tasks assigned by the unit's leader.

4. For organizations without legal entity status, the examination and recommendation for rewards are carried out by the unit's leader in coordination with the representative of the Party committee and mass organizations of that unit.

Article 25. Scientific Council, Initiative Council

1. Initiative Councils and Scientific Councils at all levels are established by the heads of agencies, organizations, and units. The membership of Councils at all levels consists of members with expertise in fields related to the content of initiatives and scientific research topics, and other members. Initiative Councils and Scientific Councils at all levels have the task of assisting the head to recognize initiatives and scientific research topics applied in practice to achieve effectiveness, serving as a basis for recommending awards of Model Workers titles at all levels and recommending reward forms as prescribed.

2. The recognition of initiatives is implemented according to Government Decree No. 13/2012/ND-CP dated March 2, 2012, promulgating the Regulation on Initiatives, and Circular No. 18/2013/TT-BKHCN dated August 1, 2013, of the Ministry of Science and Technology guiding the implementation of certain provisions of the Regulation on Initiatives promulgated by Government Decree No. 13/2012/ND-CP dated March 2, 2012.

3. The examination and acceptance of scientific research topics are carried out according to the Law on Science and Technology and detailed implementing regulations.

4. Based on the provisions regarding the objects, standards, achievements obtained, and scope of influence, the unit's leader with the authority to award rewards or recommend higher-level rewards with reward forms as prescribed.

Chapter VI

QUYards COMPETITION AND REWARD

Article 26. Fund for Competitions and Awards

1. Establish the Fund for Competitions and Awards of the Ministry and the Fund for Competitions and Awards of units to organize competition movements and implement policies and systems on awards. Units that have established the Fund for Competitions and Awards or the Award Fund or the Award and Welfare Fund shall use this fund to finance activities related to competitions and awards.

2. The Fund for Competitions and Awards of the Ministry of Transport shall be decided to establish and managed by the Office of the Ministry at the direction of the Minister; the Fund for Competitions and Awards of units shall be decided to establish and organized to manage and use according to regulations by the heads of the units.

Article 27. Sources of Formation of the Fund for Competitions and Awards

1. The Fund for Competitions and Awards of the Ministry of Transport and the Funds of units are formed from state budget sources (for units using the state budget), legitimate income of the unit, legitimate contributions from individuals and organizations both domestic and foreign, and other legitimate sources of income.

2. The establishment of the Fund for Competitions and Awards shall be carried out as follows:

a) For units using the state budget as administrative agencies and public service units whose regular operating costs are fully covered by the state budget according to Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government, up to 20% of the total salary fund based on rank and grade of officials, civil servants, and employees within the establishment and approved annual wages of the unit can be allocated, along with contributions from domestic and foreign individuals and organizations;

b) For public service units (excluding units mentioned in point a Clause 2 of this Article) and state-owned enterprises, their award funds are established according to current regulations;

c) Annually, units are responsible for submitting 5% of the amount allocated to the Fund for Competitions and Awards or the Award Fund or the Award and Welfare Fund of the unit to the higher-level Fund for Competitions and Awards;

d) For Departments and General Departments with subordinate units: Within the amount submitted by units mentioned in point b Clause 2 of this Article, 80% is retained to form the Department's or General Department's Fund for Competitions and Awards; 20% is submitted to the Ministry's Fund for Competitions and Awards;

đ) During implementation, based on the results of the Fund for Competitions and Awards, the Standing Office of the Competition and Award Council of the Ministry will coordinate with relevant advisory agencies to propose the Minister of Transport - Chairman of the Competition and Award Council of the Ministry to decide on adjusting the ratio of establishing the Fund for Competitions and Awards appropriately.

Article 28. Use of the Fund for Competitions and Awards

1. The Fund for Competitions and Awards is used to finance the organization and implementation of competition movements and awards for commendation titles and forms of awards stipulated in this Circular, including the following items:

a) Expenses for printing and making reward items (certificates, commendations, medals, orders, badges, commemorative medals, flags, boxes, frames);

b) Cash rewards or commemorative gifts;

c) The Ministry of Transport uses funds from the Ministry's Fund for Competitions and Awards to print and produce award items distributed alongside the forms of awards decided by the Minister;

d) Allocate 20% of the total Fund for Competitions and Awards at each level to finance the organization, guidance, mid-term review, final summary of competition movements; propaganda and dissemination of exemplary models; inspection, supervision, and implementation of laws and regulations on competition and award work.

2. Groups and individuals receiving awards, in addition to being recognized with commendation titles and forms of awards prescribed in Articles 8 and 12 of this Circular, also receive monetary rewards or equivalent value gifts according to the principle:

a) Higher commendation titles and reward forms receive higher cash rewards;

b) Within the same form and level of reward, cash rewards for groups are higher than for individuals;

c) At the same time, for the same achievement, if an individual receives different commendation titles with different monetary rewards, they only receive the monetary reward attached to the highest commendation title;

d) At the same time, if an individual receives multiple commendation titles in different periods, they receive the monetary rewards of those commendation titles;

đ) At the same time, if an individual receives both a commendation title and an award form, they receive the monetary rewards of both the commendation title and the award form;

3. Responsibility for paying monetary rewards (or equivalent gifts):

a) Units are responsible for paying monetary rewards (for commendation titles and award forms at all levels) from the unit's Fund for Competitions and Awards to groups and individuals under their direct management and accounting, in accordance with regulations;

b) In special cases, the level that decides to award is responsible for paying the monetary rewards.

4. Overseas Vietnamese, individuals, and groups of foreigners who are awarded receive commemorative gifts (without monetary rewards).

5. The Fund for Competitions and Awards shall not be used for other purposes.

Article 29. Level of Monetary Rewards and Preferential Benefits

1. Monetary rewards accompanying commendation titles and award forms are implemented according to the provisions of Articles 69, 70, 71, 72, 73, and 74 of Decree No. 91/2017/NĐ-CP of the Government.

2. Individuals receiving commendation titles and award forms, in addition to being rewarded according to regulations, are also prioritized for early promotion of pay grades, priority for sending to study, training, work, and improving professional skills domestically and abroad as prescribed by law.

Article 30. Management of the Fund for Competitions and Awards

1. The Standing Office of the Competition and Award Councils at all levels are responsible for advising the heads of units to urge the establishment and use of the unit's Fund for Competitions and Awards in accordance with regulations.

2. At the end of the fiscal year, unused portions of the Fund for Competitions and Awards at all levels are transferred to the next year for continued use in competition and award work.

3. Unit heads are responsible for reporting the settlement of revenue and expenditure of the unit's Fund for Competitions and Awards to the immediate superior agency. Heads of immediate superior agencies are responsible for supervising the revenue and expenditure of the Fund for Competitions and Awards of subordinate units.

Chapter VII

PUBLICITY, TRAINING, REPORTING, INSPECTION AND

HANDLING VIOLATIONS OF COMPETITIONS AND AWARDS

Article 31. Propaganda, dissemination, and promotion of advanced models

1. The head of the unit shall annually be responsible for organizing and implementing the following contents:

a) To develop plans and organize the implementation of propaganda work on President Ho Chi Minh's patriotic competition spirit; Party policies and State laws on competition and reward;

b) Building plans to organize propaganda on the promotion of advanced models, exemplary individuals and deeds, selecting outstanding collectives and individuals in the movement of competition and emulation to commend, honor, and promptly reward them.

2. Information and communication agencies within the Transport Industry shall cooperate with related units to intensify propaganda work on the spirit of competition and emulation advocated by President Ho Chi Minh, the Party's policies, and state laws on competition and emulation; commending, honoring, and promoting advanced models in the movement of competition and emulation throughout the industry.

Article 32. Training and Capacity Building

1. The permanent office of the Competition and Reward Council of the Ministry shall be responsible for leading the development of training and capacity building plans for staff involved in competition and reward activities across the entire industry and advising on their implementation.

2. The advisory department on competition and reward work of each unit shall be responsible for advising the Competition and Reward Council of their unit to develop annual plans to organize training and capacity building for staff involved in competition and reward activities within their management scope.

Article 33. Reporting System

1. Units shall organize annual summaries and evaluations of competition and reward work and submit reports to the Ministry (through the permanent office of the Competition and Reward Council of the Ministry) before December 15th each year.

2. Units that launch competition movements in phases (or special topics) must organize interim and final reviews of these movements and submit timely reports to the Ministry (through the permanent office of the Competition and Reward Council of the Ministry).

Article 34. Inspection and Supervision

1. The permanent office of the Competition and Reward Council of the Ministry shall be responsible for leading and coordinating with related units to build plans for inspecting and supervising the implementation of laws on competition and reward throughout the industry.

2. The head of the unit shall be responsible for developing annual plans for inspecting and supervising the organization of competition movements and the implementation of policies and laws on competition and reward within their management scope.

Article 35. Handling Violations

1. The authority that issues a reward decision has the power to revoke the reward decision, strip honors, and recover awarded items and money.

2. Based on the legally effective decision of the Court or the conclusion of the competent authority, the agency proposing rewards for violation cases shall have the responsibility to request the competent authority to issue a decision revoking the reward and recovering the awarded items and money.

3. The procedures for handling violations related to competition and reward shall be carried out according to the provisions of Articles 78 and 79 of Decree No. 91/2017/NĐ-CP of the Government.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 36. Effective Date

This Circular takes effect from May 15, 2018, and replaces Circular No. 22/2015/TT-BGTVT dated June 9, 2015, issued by the Minister of Transport guiding competition and reward work in the Transport Industry.

Article 37. Responsibility for Implementation

1. The permanent office of the Competition and Reward Council of the Ministry assists the Minister of Transport in guiding, inspecting, and urging units under the Ministry and provincial transport departments in implementing this Circular.

2. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Heads of units under the Ministry, the Directors of Provincial Transport Departments, relevant organizations, and individuals are responsible for implementing this Circular./.