Circular No. 16/2018/TT-BCT detailing the implementation of competition and reward work in the Industry and Trade sector

CIRCULAR

Regulations on the implementation of competition and reward activities

in the Ministry of Industry and Trade

Based on the Law on Competition and Reward dated November 26, 2003; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated June 14, 2005; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated November 16, 2013 (hereinafter referred to as the Law on Competition and Reward);

Based on Decree No. 91/2017/ND-CP dated July 31, 2017 of the Government detailing the implementation of certain provisions of the Law on Competition and Reward (hereinafter referred to as Decree No. 91/2017/ND-CP);

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Ministry's Office;

The Minister of Industry and Trade promulgates this Circular detailing the implementation of competition and reward activities in the industry and trade sector.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of competition and reward activities in the industry and trade sector, including: organization of competitions, titles and criteria for competition titles; forms, subjects and criteria for rewards; decision-making and award-granting authority; examination files for rewards; state management of competition and reward activities; Competition and Reward Council; archiving reward files; competition and reward funds; rights and obligations of individuals and organizations; revocation and restoration of titles.

Article 2. Applicability

This Circular applies to the following subjects:

1. Ministries, agencies, enterprises (hereinafter collectively referred to as units) under the Ministry of Industry and Trade and Provincial Departments of Industry and Trade under central cities.

2. Cadres, civil servants, public officials, workers at units specified in Clause 1 of Article 8.

3. Other organizations and individuals operating in the industry and trade sector.

4. Vietnamese individuals and organizations abroad and foreign individuals and organizations with achievements contributing to the construction and development of the Vietnamese industry and trade sector.

Article 3. Principles of Competition and Reward

Implementing Article 6 of the Law on Competition and Reward and Article 3 of Decree No. 91/2017/ND-CP.

 

Chapter II

ORGANIZATION OF COMPETITIONS AND AWARDS
AND CRITERIA FOR COMPETITION AWARDS

Article 4. Forms and contents of organizing competition movements

1. Implementing Article 4 and Article 5 of Decree No. 91/2017/ND-CP and Article 4 and Article 5 of 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/ND-CP (hereinafter referred to as Circular No. 08/2017/TT-BNV).

2. Before organizing a competition movement with a scope within units in the industry and trade sector, the unit initiating the competition movement shall send the Plan for Organizing and Initiating the Competition Movement to the Ministry of Industry and Trade for monitoring, summarizing, and guidance.

3. Heads of units in the industry and trade sector shall organize mid-term and final reviews of the competition movement within their units, implement rewards or submit recommendations for rewards to higher authorities according to their authority.

Article 5. Responsibilities of agencies, organizations, and individuals in implementing and organizing competition movements

1. The Minister of Industry and Trade shall initiate and direct competition movements within the entire industry and trade sector.

2. The Competition and Reward Council of the Ministry of Industry and Trade shall be responsible for advising the Minister of Industry and Trade on competition content, organizing competition movements, and inspecting their implementation.

3. Heads of units shall organize and direct competition movements within their units.

4. Mass organizations shall cooperate with heads of units at the same level to direct, organize, and maintain regular competition movements, expand exemplary competition movements and advanced models within their units; actively identify and select collectives and individuals with outstanding achievements for rewards or recommend them for rewards to higher authorities.

Article 6. Responsibilities of agencies engaged in competition and commendation work

1. Agencies engaged in competition and commendation work of units under the Industry and Trade sector shall base on specific tasks and targets set out in annual and five-year development plans and assigned political tasks to advise and propose to leadership on policies, contents, programs, plans, and measures for competitions; particularly emphasizing the promotion and mobilization of various social strata to participate in competition movements; actively guiding, organizing, and inspecting the implementation of competition movements; advising on mid-term and final reviews of competition movements, expanding exemplary models; proposing commendations and solutions to enhance the effectiveness of competition and commendation work.

2. Competition and Commendation Councils at all levels under the Industry and Trade sector shall be responsible for advising Heads of units at the same level to organize the launch and direct competition movements within their units and the Industry and Trade sector.

Article 7. Responsibilities of industry and trade press agencies

Industry and trade press agencies shall be responsible for accurately reflecting the results of competition movements and commendation work; regularly promoting Party guidelines, State policies and laws on competition and commendation and industry and trade competition and commendation work; identifying individuals and groups with outstanding achievements in competition movements; praising, honoring, and setting examples for exemplary models, good people, and good deeds; combating violations of laws on competition and commendation.

Article 8. Registration for competition, competition titles

1. Regular registration for competition: Annually, units shall organize for individuals and groups to register for competition and competition titles (the group's competition registration form sent to the immediate superior authority before March 15; the unit's and individual's competition registration forms retained at the unit) to set goals for striving to achieve competition targets and serve as a basis for considering commendations.

2. Periodic registration for competition (or thematic):

Units under the Ministry of Industry and Trade and Provincial Departments of Industry and Trade must proactively build plans and register for competition and commendation formats and send them to the Ministry of Industry and Trade within 15 days from the date of launching the competition movement.

Article 9. Competition Titles

1. For individuals:

a) National Model Competitor;

b) Ministry of Industry and Trade Model Competitor;

c) Grassroots Model Competitor;

d) Advanced Worker.

2. For groups:

a) Flag of Government Competition;

b) Flag of Excellence of the Ministry of Industry and Trade;

c) Outstanding Labor Group;

d) Advanced Labor Group.

Article 10. Standards for Competition Titles

1. Standards for awarding competition titles to individuals shall be implemented according to Articles 9 and 10 of Decree No. 91/2017/NĐ-CP.

2. Standards for awarding competition titles to groups:

a) Standards for awarding the title "Flag of Excellence of the Government" shall be implemented according to Article 11 of Decree No. 91/2017/NĐ-CP;

b) Standards for awarding the title "Flag of Excellence of the Ministry of Industry and Trade": The recognition of the most outstanding group to be awarded the "Flag of Excellence of the Ministry of Industry and Trade" must be carried out through evaluation, comparison among excellence clusters organized by the Ministry of Industry and Trade or within competition movements organized by the Ministry of Industry and Trade lasting for one year or more;

c) Groups achieving the title "Outstanding Labor Group" must meet the standards stipulated in Clause 1 of Article 27 of the Law on Competition and Commendation;

d) Groups achieving the title "Advanced Labor Group" must meet the standards stipulated in Clause 1 of Article 28 of the Law on Competition and Commendation;

đ) Newly established units must have been operational for at least one year (12 months) before being eligible for evaluation for the titles "Advanced Labor Group" and "Outstanding Labor Group".

 

Chapter III

FORMS, OBJECTS AND CRITERIA FOR REWARDS

Article 11. Types of Awards

1. Types of commendations include those specified in Clauses 1, 2, 3, 4, and 5 of Article 13 of Decree No. 91/2017/NĐ-CP.

2. Foreign commendations are commendations given to foreign individuals and groups for their contributions to the construction and development of the Industry and Trade sector.

Article 12. Forms of Reward

1. Forms of reward of the State:

a) Orders;

b) Medals;

c) State Honorary Titles;

d) Ho Chi Minh Award;

đ) State Award;

e) Certificate of Merit from the Prime Minister.

2. Forms of reward of the Ministry of Industry and Trade:

a) Commemorative Medal "For the Development of the Industry and Trade Sector of Vietnam";

b) Certificate of Merit from the Minister of Industry and Trade.

3. Form of reward of the Head of a unit with its own account, seal, and legal personality: Certificate of Commendation.

Article 13. Criteria for forms of reward

1. Criteria for awarding Orders, Medals, and Certificates of Merit from the Prime Minister shall be implemented according to the provisions of Articles 14, 15, 16, 17, 18, 22, 23, 24, 32, 33, 36, and 38 of Decree No. 91/2017/ND-CP.

2. Criteria for awarding the title of "Heroic Laborer" shall be implemented according to the provisions of Article 61 of the Law on Competition and Rewards.

3. Criteria for awarding titles such as "People's Teacher", "Outstanding Teacher", "People's Doctor", "Outstanding Doctor", "People's Artist", "Outstanding Artist", "Ho Chi Minh Award", and "State Award" shall be implemented according to relevant laws.

4. Rewards for dedication shall be implemented according to Articles 41 and 42 of Decree No. 91/2017/ND-CP.

5. "Certificate of Merit from the Minister of Industry and Trade" shall be awarded to individuals who serve as exemplary models in implementing Party policies, State laws, and regulations, and meet one of the following criteria:

a) Achieving outstanding results recognized in competition movements and activities within the industry and trade sector;

b) Achieving significant results with wide-ranging impact in one of the fields under the industry and trade sector;

c) Consistently performing excellently for two years or more, during which time at least two recognized and effectively applied initiatives were implemented within the basic level; for workers and employees, achieving significant results in labor and production with wide-ranging impact within their units and organizations;

d) Having a career in units under the Ministry of Industry and Trade, contributing to the construction and development of the industry and trade sector, and being considered for awards before retirement;

đ) On the occasion of celebrating the anniversary (full years and odd five-year periods) of the establishment of the industry and trade sector and units under the Ministry; having a career in the industry and trade sector, making outstanding contributions to the construction and development of units;

e) Other cases determined by the Minister of Industry and Trade.

6. "Certificate of Merit from the Minister of Industry and Trade" shall be awarded to exemplary groups that implement Party policies, State laws, and regulations, maintain internal unity, and meet one of the following criteria:

a) Achieving outstanding results recognized in competition movements;

b) Achieving outstanding and sudden results with wide-ranging impact in each field under the industry and trade sector;

c) Consistently performing excellently for two years or more, maintaining internal unity, effectively implementing grassroots democratic regulations, organizing competition movements well; caring for the material and spiritual life of group members; practicing thrift; fully implementing all systems and policies;

d) On the occasion of celebrating the anniversary (full years and odd five-year periods) of the establishment of the industry and trade sector and units under the Ministry; achieving outstanding results contributing to the construction and development of units.

7. Certificate of Commendation from the Head of a unit with its own account, seal, and legal personality: Shall be implemented according to the provisions of Articles 74, 75, and 76 of the Law on Competition and Rewards.

Article 14. Criteria for awarding the Commendation Medal "For the Cause of Developing the Industry and Trade Sector of Vietnam"

The Commendation Medal "For the Cause of Developing the Industry and Trade Sector of Vietnam" (hereinafter referred to as the Commendation Medal) has content, shape, size, and color reflecting the characteristics of the Industry and Trade sector and complying with state regulations; it is awarded by the Minister of Industry and Trade to individuals meeting one of the following criteria:

1. For individuals within the Industry and Trade sector:

a) Individuals who have worked or are currently working at units under the Ministry of Industry and Trade, including enterprises under the Ministry, local state management units on Industry and Trade; individuals directly engaged in Industry and Trade work at units outside the Industry and Trade sector (currently working or transferred to another sector, retired), having a minimum of 20 years of service for males, 15 years for females; 10 years for those directly working in hazardous and dangerous occupations.

The time individuals in the Industry and Trade sector spend on military service, concentrated training periods, and are then redeployed back to work in the Industry and Trade sector shall be counted as continuous service in the Industry and Trade sector; individuals disciplined at or above the level of reprimand by the competent authority shall not have their disciplinary period counted towards seniority for award consideration;

b) Cases where service seniority is not counted when considering awards:

Individuals who have been honored with the title of Hero of Labor; National Model Worker; People's Teacher, Distinguished Teacher, People's Doctor, Distinguished Doctor working in the Industry and Trade sector; People's Artisan, Distinguished Artisan in the field of craft and fine arts; individuals with three national-level scientific research projects or five Creative Labor Certificates applied in production.

2. For individuals outside the Industry and Trade sector:

a) Individuals who have invented patents, national-level scientific works applied in the Industry and Trade sector, contributing to the development of the Industry and Trade sector;

b) Leaders of Ministries, sectors, localities, mass organizations, associations (at central and local levels) and equivalent positions who have made significant contributions to the development of the Industry and Trade sector, proposed by units under the Ministry of Industry and Trade and local Industry and Trade Departments;

c) Overseas Vietnamese citizens who have made significant contributions to the development of the Industry and Trade Sector of Vietnam;

d) Individuals from foreign countries who have contributed to building, consolidating, and developing international relations of the Industry and Trade sector of Vietnam or have provided spiritual and material support for the development of the Industry and Trade sector of Vietnam.

3. Other special cases decided by the Minister of Industry and Trade.

4. Cases not eligible for the Commendation Medal:

a) Individuals who have already received one of the following Commendation Medals: Commendation Medal "For the Cause of Developing the Industrial Sector of Vietnam", Commendation Medal "For the Cause of Developing the Trade Sector", Commendation Medal "For the Cause of Developing the Industry and Trade Sector";

b) Individuals who voluntarily left their posts;

c) Individuals who have been disciplined but are still within the disciplinary period; individuals convicted but not yet rehabilitated.

Article 15. Procedures for awarding the Commendation Medal

1. The Commendation and Reward Councils at all levels conduct selection of individuals meeting the criteria (based on achievements or years of service in the Industry and Trade sector). Based on the results of the Commendation and Reward Council meetings at the same level, the head of the unit prepares files and lists of individuals recommended for the Commendation Medal for review by the higher-level management body.

2. The heads of units under the Ministry of Industry and Trade, Directors of Local Industry and Trade Departments base on the results of the Commendation and Reward Council meetings at the same level, are responsible for reviewing each individual recommended from lower levels; prepare files and lists of individuals recommended for the Commendation Medal for decision by the Ministry of Industry and Trade.

Chapter IV

AUTHORITY TO DECIDE AND PRESENT AWARDS
PROCEDURES AND DOCUMENTATION FOR AWARDING AND RECOGNITION

Article 16. Authority to Decide on Awards

1. The authority to decide on awards including Orders, Medals, Ho Chi Minh Prize, State Prize, National Honorary Titles, Prime Minister's Flag of Excellence, National Model Worker, Prime Minister's Certificate of Merit shall be implemented in accordance with Articles 77 and 78 of the Law on Competition and Rewards.

2. The Minister of Industry and Trade decides on the following commendation titles and forms of reward:

a) Flag of Excellence of the Ministry of Industry and Trade;

b) Ministry of Industry and Trade Model Competitor;

c) Excellent Labor Collective title for units and enterprises under the Ministry (excluding Groups and Corporations); authorizing the heads of units with legal personality, separate accounts, and individual seals to decide on awarding the Excellent Labor Collective title to subordinate units;

d) Certificate of Merit from the Minister of Industry and Trade;

đ) Commemorative Medal "For the Cause of Developing the Industry and Trade Sector of Vietnam";

e) Other forms of rewards decided upon by the Minister of Industry and Trade after consideration.

3. The heads of units with legal personality, separate accounts, and individual seals decide on the following commendation titles and forms of reward:

a) Advanced Labor Collective;

b) Excellent Labor Collective;

c) Advanced Worker;

d) Model Worker at the grassroots level;

đ) Letter of Commendation.

Article 17. Presentation of Commendation Titles and Forms of Reward

1. The presentation of commendation titles and forms of reward shall be carried out in accordance with Article 44 of Decree No. 91/2017/NĐ-CP.

2. For commendation titles and forms of reward such as Heroic Laborer, National Model Worker; Flag of Excellence of the Government; Orders and Medals of various types; Certificate of Merit from the Prime Minister, the heads of units under the Ministry of Industry and Trade shall prepare plans for organization and reception, then submit them to the leadership of the Ministry for approval. After receiving instructions from the Ministry's leadership, the Ministry's Office will coordinate with relevant units to organize the announcement and presentation in a solemn and economical manner. In special cases, the Ministry's Office will prepare plans for organization and reception, submit them to the Minister for approval, and organize the announcement and presentation.

3. The Minister of Industry and Trade assigns the heads of units under the Ministry of Industry and Trade and the Directors of Provincial Departments of Industry and Trade to organize the presentation of commendation titles and forms of reward of the Ministry of Industry and Trade in accordance with regulations.

Article 18. Commendation Procedures

1. The commendation procedures shall be implemented in accordance with Article 46 of Decree No. 91/2017/NĐ-CP.

2. The Directors of Provincial Departments of Industry and Trade shall submit to the Minister of Industry and Trade for consideration and awarding the Flag of Excellence of the Ministry of Industry and Trade and the Certificate of Merit from the Minister of Industry and Trade to collectives and individuals within their jurisdiction who have excelled in implementing industry and trade competition movements in their locality.

3. Central associations that are occupational social organizations under the management of the Ministry of Industry and Trade regarding their fields of activity shall submit to the Minister of Industry and Trade for commendation or for submission to higher authorities for commendation based on achievements and merits, in batches (or special topics), and emergencies for the association and its subordinate collectives and individuals; submit to the Minister of Industry and Trade for commendation in batches (or special topics) with the form of reward being the Certificate of Merit from the Minister of Industry and Trade for members of the association.

4. For units outside the sector: the head of the unit with work relations shall propose to the competent authority for consideration and submission to the Minister of Industry and Trade for commendation.

Article 19. Soliciting Opinions on Awards

1. The solicitation of opinions on awards for commendation titles and award forms at the national level and the solicitation of opinions from relevant agencies shall be carried out in accordance with the provisions of Article 47 of Decree No. 91/2017/NĐ-CP.

2. For national-level awards, the Office of the Ministry shall solicit opinions on awards from functional units under the Ministry of Industry and Trade.

3. For ministry-level awards, the Office of the Ministry shall base on the award recommendation dossier submitted by units, achievements made, and award criteria to review and submit to the Ministry's leadership for awarding. The Office of the Ministry shall solicit opinions on awards from functional units under the Ministry of Industry and Trade if deemed necessary.

4. Within seven working days from the date of receipt of the Office of the Ministry's document requesting opinions, the agency requested to provide opinions shall be responsible for replying in writing. After this deadline, the Office of the Ministry will proceed with the procedures to submit for awarding. The head of the unit requested to provide opinions shall bear responsibility under the law for the content of the opinions provided.

Article 20. Time of Receiving Dossiers, Review Period, and Notification of Award Results

1. Time of receiving dossiers for commendation recommendations based on achievements and merits for collectives and individuals:

a) For annual commendations for commendation titles and award forms within the authority of the Minister of Industry and Trade and the Flag of Merit of the Government: carried out according to the guidance document on commendations issued by the Ministry of Industry and Trade;

b) For commendation title of National Vanguard Fighter: the dossier must be sent to the Ministry of Industry and Trade no later than June 30 each year (based on postmark);

c) For Orders, Medals, and Certificates of Merit of the Prime Minister (awarded based on achievements and merits): the dossier must be sent to the Ministry of Industry and Trade no later than April 29 each year (based on postmark);

d) For commendation titles and award forms: Advanced Worker; Vanguard Fighter at the grassroots level; Advanced Worker Collective; Outstanding Worker Collective; Certificate of Merit within the authority of the Unit Head: the time of receiving dossiers and completing the commendation review process shall be determined by the Unit Head and completed no later than January 31 each year.

2. Time of receiving dossiers for commendation recommendations for outstanding achievements and special topic commendations: the dossier must be sent no later than 45 days from the date of achieving outstanding results or after the completion of the special topic work.

3. The review period and notification time of award results shall be implemented in accordance with Clause 2 of Article 48 of Decree No. 91/2017/NĐ-CP.

4. Notification time of award results:

a) Within seven working days from the date the Minister of Industry and Trade signs the award decision or from the date of receipt of the award decision from competent agencies, the Office of the Ministry shall notify the recommending unit;

b) For cases that do not meet the required conditions, standards, and dossiers as prescribed, within fifteen working days from the date of receipt of the complete dossier as prescribed, the Office of the Ministry shall notify the recommending unit;

c) In cases where the dossier is not submitted along the correct chain of command, within five working days from the date of receipt of the dossier, the Office of the Ministry shall notify and return the dossier to the recommending unit.

Article 21. Procedures and Documents for Awarding Commendation Titles and Honors

1. Procedures and documents for awarding commendation titles and honors: "Heroic Laborer", "National Model Worker", Model Workers at various levels, other commendation titles, the Flag of Excellence from the Government, Orders, Medals, and Certificates of Merit from the Prime Minister shall be implemented according to the provisions set forth in Articles 45, 49, 50, 51, 52, 53, 54, 55, 56, and 57 of Decree No. 91/2017/NĐ-CP and Clause 3 of Article 10 of Circular No. 08/2017/TT-BNV.

2. Documents for awarding the title "Model Worker of the Ministry of Industry and Trade" and the Certificate of Merit from the Minister of Industry and Trade (awards based on achievements and merits): one set (original) including:

a) Memorandum;

b) Minutes of the meeting of the Competition and Reward Council (with secret ballot results for the recommendation of the title of Model Worker of the Ministry of Industry and Trade);

c) Report on individual achievements according to Model No. 1 of the Appendix issued together with this Circular; Report on collective achievements according to Model No. 1 of the Appendix issued together with Decree No. 91/2017/NĐ-CP.

3. Simplified documents for recommending the Certificate of Merit from the Minister of Industry and Trade shall be carried out according to Article 55 of Decree No. 91/2017/NĐ-CP; applicable for immediate awards, awards for competition campaigns, or specialized topics, and awards for organizing trade fairs and exhibitions in the industry. The documents include:

a) Proposal for awarding submitted by subordinate units of the Ministry of Industry and Trade and Provincial Departments of Industry and Trade, accompanied by a list of individuals and groups recommended for awards;

b) Minutes of the meeting of the Competition and Reward Council or Minutes of the meeting of the Evaluation Committee for trade fairs and exhibitions;

c) Summary report on achievements prepared by subordinate units of the Ministry of Industry and Trade and Provincial Departments of Industry and Trade (detailing achievements and merits) to recommend for awards.

4. Documents for recommending the Presentation of Commemorative Plaques:

a) Proposal for presenting commemorative plaques by subordinate units of the Ministry of Industry and Trade and Provincial Departments of Industry and Trade, accompanied by a list of individuals recommended according to Model No. 2 of the Appendix issued together with this Circular;

b) Minutes of the meeting of the Competition and Reward Council at the level making recommendations.

5. Heads of units are responsible under the law for procedures, documents, processes, authenticity of achievements, and contents stated in the documents submitted to the Minister of Industry and Trade.

6. Documents for recommending awards should be sent to the Ministry of Industry and Trade, simultaneously sending electronic documents to the address [email protected] (in ".doc" or ".docx" format for proposals, lists, achievement reports; in ".pdf" format for other related documents, except for documents containing state secrets).

7. The Office of the Ministry receives documents for recommending commendation titles and honors from units within and outside the industry; is responsible for recommending awards for commendation titles and honors to the leadership of the Ministry of Industry and Trade.

Chapter V

STATE MANAGEMENT OF COMPETITION AND REWARD ACTIVITIES;

COMPETITION AND AWARD COUNCIL

Article 22. State Management of Competition and Reward Activities

1. Promoting and Popularizing Advanced Examples

a) The Minister of Industry and Trade issues plans and organizes the implementation of propaganda on President Ho Chi Minh's thoughts on competition and patriotism; Party policies and state laws on competition and rewards; issues plans to organize the promotion of advanced examples, good people and deeds, selects outstanding collectives and individuals in the competition movement to promptly honor and reward;

b) The Standing Committee of the Competition and Reward Council of the Ministry of Industry and Trade collaborates with information and communication agencies to promote propaganda on President Ho Chi Minh's thoughts on competition and patriotism; Party policies and state laws on competition and rewards; publicize and promote advanced examples in competition movements nationwide.

2. Training and Professional Development

a) Annually, the Office of the Ministry advises on building plans to host or coordinate with relevant agencies to organize training courses on professional knowledge and skills in competition and rewards for individuals working in competition and reward activities in units under the industry;

b) Specialized agencies in competition and reward activities in the industry build plans and programs for professional development to organize training courses for staff working in competition and reward activities under their management authority, report to the Office of the Ministry on implementation plans; send staff working in competition and reward activities under their management to fully participate in professional training courses organized by the Office of the Ministry.

3. Inspection of Competition and Reward Activities

Annually, the Office of the Ministry advises the Minister of Industry and Trade to issue plans and organize inspections of the organization of competition movements and the implementation of laws on competition and rewards in units under the industry.

Article 23. The Ministry of Industry and Trade's Competition - Award Council

1. Competition Council - The Ministry of Industry and Trade's Competition - Award Council is an agency established by the Minister of Industry and Trade; it advises the Minister of Industry and Trade on competition and award work within the industry and trade sector.

2. Composition of the Competition - Award Council - The Ministry of Industry and Trade's Competition - Award Council consists of:

a) The Chairman of the Council is the Minister of Industry and Trade;

b) The Council has from three to four Vice Chairmen; among them, the Director of the Ministry of Industry and Trade's Office is the permanent Vice Chairman; other Vice Chairmen and Council members are decided by the Minister of Industry and Trade.

3. Tasks and powers of the Council shall be carried out according to Clause 3, Article 62 of Decree No. 91/2017/ND-CP and according to the operational regulations of the Council issued by the Minister of Industry and Trade.

4. The Ministry of Industry and Trade's Office is the Permanent Agency of the Ministry of Industry and Trade's Competition - Award Council, responsible for confirming achievement reports of collectives and individuals who have been awarded recognition.

Article 24. Competition - Award Council at the grassroots level

1. Heads of units under the Ministry of Industry and Trade with separate accounts, seals, and legal personality issue decisions to establish the Competition - Award Council of their unit to advise the Head of the unit on competition and award work.

2. Composition of the Competition - Award Council at the grassroots level includes:

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

b) The person in charge of assisting the Head of the unit in implementing competition and award work is the permanent Vice Chairman of the Council or a permanent member; other Vice Chairmen and members of the Council are decided by the Head of the unit.

3. The Council operates according to the operational regulations issued by the Head of the unit.

4. The Competition - Award Council at the grassroots level has the following tasks and powers:

a) Advise the Head of the unit to launch competition movements within their authority;

b) Regularly evaluate the results of competition movements and award work; advise on interim and final summaries of competition and award work; propose policies and measures to promote patriotic competition movements each year and during each phase;

c) Advise the Head of the unit to inspect and supervise competition movements and implement policies, laws on competition and awards;

d) Advise the Head of the unit to decide on granting commendation titles and award forms within their authority or to submit to competent authorities for awards.

5. For organizations without legal personality, the examination and recommendation for awards are conducted by the unit head in coordination with representatives of the party committee and mass organizations of that unit.

Article 25. The Initiative Council

1. An initiative is a technical solution, management solution, work solution, operational solution, application of advanced technology to increase labor productivity, improve work efficiency recognized by the base or a scientific research topic that has been accepted and applied, or ingenuity and creativity in work contributing significantly to completing outstanding tasks recognized by the unit.

2. The Ministry of Industry and Trade's Initiative Council is established by the Minister of Industry and Trade. The Council consists of the Chairman of the Council, Vice Chairmen of the Council, and members. Among them, the leadership of the Ministry's Office is the Chairman of the Council.

3. The Initiative Council at the grassroots level

a) The Initiative Council at the grassroots level is established by the Heads of units under the Ministry of Industry and Trade with separate accounts, seals, and legal personality issuing decisions to establish; its task is to assist the Head of the unit in appraising initiatives and the scope of their impact; based on this, the Head submits for confirmation of the initiative and the scope of its impact (used as a basis for recommending the awarding of commendation titles at various levels and award forms as stipulated in Decree No. 91/2017/ND-CP) according to Model No. 3 attached to this Circular;

b) The composition of the Council includes the Chairman of the Council, Vice Chairmen of the Council, Secretary of the Council, and members;

c) A session of the Council must have at least two-thirds of the total number of members present, including the Chairman or Vice Chairman and the Secretary of the Council. The Chairman of the Council chairs the sessions. In case the Chairman of the Council is absent, a Vice Chairman of the Council will chair the session. An initiative is considered "Achieved" if it receives at least two-thirds agreement from the members of the Council present, and this number must not be less than half of the total number of members of the Council;

d) Heads of units not covered by point a, Clause 3 of this Article confirm initiatives of individuals in their units to submit to higher-level management agencies for confirmation.

Chapter VI

STORAGE OF AWARD FILES; COMPETITION AND AWARD FUNDS; RIGHTS AND OBLIGATIONS OF INDIVIDUALS AND COLLECTIVES;
STRIPPING, RESTORING AWARDS

Article 26. Archiving Commendation Files

1. The agency that establishes the Competition and Commendation Councils at all levels shall be responsible for archiving commendation files in accordance with the regulations to record achievements of generations for the revolutionary cause of the Party, the nation, educate traditions, build units, and serve the purpose of searching, resolving citizens' complaints or confirming eligibility for beneficiaries when requested.

2. Commendation files must be handed over to the unit's archive department when the storage period expires as prescribed by the law on archives.

Article 27. Sources and Levels of Deduction from the Competition and Commendation Fund

1. The Competition and Commendation Fund of units under the Ministry of Industry and Trade shall be formed in accordance with Article 65 of Decree No. 91/2017/NĐ-CP.

2. The Competition and Commendation Fund of the Ministry of Industry and Trade shall be formed from the following sources:

a) From the state budget with a level not exceeding 20% of the total approved salary and wage fund according to rank and grade of officials, civil servants, and public employees within the establishment of the Ministry of Industry and Trade, and settled annually;

b) From voluntary contributions (not mandatory) of subordinate units of the Ministry of Industry and Trade. The level of voluntary contributions shall not exceed 5% of the annual deduction of the Competition and Commendation Fund of subordinate units of the Ministry of Industry and Trade;

c) From voluntary contributions of individuals and groups inside and outside the country.

Article 28. Use and Management of the Competition and Commendation Fund; Award Amounts, Preferential Treatment, and Other Benefits

1. The use of the Competition and Commendation Fund of the Ministry of Industry and Trade and units under the Ministry of Industry and Trade shall be carried out in accordance with Article 66 of Decree No. 91/2017/NĐ-CP.

2. The Competition and Commendation Fund of the Ministry of Industry and Trade shall be used as follows:

a) The portion of the Competition and Commendation Fund established in accordance with point a, Clause 2, Article 27 of this Circular shall be used to cover expenses for competition and commendation activities of the Ministry of Industry and Trade in accordance with the regulations on competition and commendation activities;

b) The portion of the Competition and Commendation Fund established in accordance with points b and c, Clause 2, Article 27 of this Circular shall be used to cover expenses for competition and commendation activities of the industry of Industry and Trade in accordance with the regulations on competition and commendation activities. Any surplus in the Fund shall be transferred to the next year for continued use in competition and commendation activities.

3. The management of the Competition and Commendation Fund of the Ministry of Industry and Trade and units under the Ministry of Industry and Trade shall be carried out in accordance with Article 67 of Decree No. 91/2017/NĐ-CP.

4. The award amounts, preferential treatment, and other benefits for individuals and groups under units of the Ministry of Industry and Trade shall be implemented in accordance with Articles 68, 69, 70, 71, 72, 73, 74, and 75 of Decree No. 91/2017/NĐ-CP.

Article 29. Rights and Obligations of Individuals and Groups in Competition and Commendation; Revocation of Commendation Decisions; Procedures and Documentation for Stripping or Restoring Honorary Titles

1. The rights and obligations of individuals and groups in competition and commendation shall be implemented in accordance with Articles 76 and 77 of Decree No. 91/2017/NĐ-CP.

2. The revocation of commendation decisions, procedures, and documentation for stripping or restoring honorary titles shall be implemented in accordance with Articles 78 and 79 of Decree No. 91/2017/NĐ-CP.

 

Chapter VII

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Circular takes effect from July 4, 2018.

2. This Circular replaces Circular No. 26/2015/TT-BCT dated August 17, 2015, issued by the Minister of Industry and Trade detailing the implementation of competition and commendation work in the industry of Industry and Trade and Decision No. 46/2008/QĐ-BCT dated December 17, 2008, issued by the Minister of Industry and Trade on the promulgation of the Regulation on the Granting of the Commemorative Medal "For the Development of the Industry and Trade Sector of Vietnam".

Article 31. Implementation Organization

1. The Standing Office of the Competition and Commendation Council of the Ministry of Industry and Trade assists the Minister of Industry and Trade in guiding, monitoring, inspecting, and urging units under the industry of Industry and Trade in implementing this Circular; based on the actual situation of the competition movement each year to study and propose the number and ratio of commendations to be submitted to the Minister of Industry and Trade for consideration and decision.

2. Heads of units organize the implementation of this Circular and concretize standards suitable for the operational conditions of their units.

3. In the course of implementation, if there are difficulties, organizations and individuals should report to the Ministry of Industry and Trade (through the Ministry's Office) for guidance and resolution./.