Circular No. 18/2015/TT-BTNMT on awarding the Commemorative Medal "For the Cause of Natural Resources and Environment"

CIRCULAR

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Pursuant to the Law on Competition and Rewards No. 15/2003/QH11 dated November 26, 2003; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards No. 47/2005/QH11 dated June 14, 2005; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards No. 39/2013/QH13 dated November 16, 2013;

Pursuant to the Government Decree No. 42/2010/NĐ-CP dated April 15, 2010 detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards; the Government Decree No. 39/2012/NĐ-CP dated April 27, 2012 amending and supplementing certain provisions of the Government Decree No. 42/2010/NĐ-CP dated April 15, 2010;

Pursuant to the Government Decree No. 65/2014/NĐ-CP dated July 1, 2014 detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards in 2013;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Department of Competition and Reward Promotion and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular stipulating the regulations on awarding the Commemorative Medal "For the Cause of Natural Resources and Environment",

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

1. Individuals who have worked and are currently working in the natural resources and environment sector.

2. Individuals working outside the natural resources and environment sector (including overseas Vietnamese or foreigners) who have made significant contributions to the construction and development of the natural resources and environment sector.

Article 3. Commemorative Medal

1. The Commemorative Medal "For the Cause of Natural Resources and Environment" (hereinafter referred to as the Commemorative Medal) is a form of recognition by the Minister of Natural Resources and Environment for individuals with outstanding achievements and contributions to the construction and development of the natural resources and environment sector.

2. The Commemorative Medal consists of a Certificate of Commemorative Medal and a Commemorative Medal Badge. The Certificate of Commemorative Medal and the Commemorative Medal Badge have shapes, sizes, logos, and colors that reflect the characteristics of the natural resources and environment sector and comply with state regulations.

Article 4. Principles for awarding Commemorative Medals

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

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

3. The Commemorative Medal is awarded annually once a year in June, except in cases of urgency decided by the Minister.

Article 5. Cases not eligible for the Commemorative Medal

1. Individuals who have been awarded Medals or Commemorative Medals from other sectors before the consolidation under the Ministry of Natural Resources and Environment.

2. Individuals who have been disciplined with dismissal, individuals who are currently serving disciplinary measures or serving criminal sentences including the period before the criminal record is expunged.

Article 6. Rights and obligations of individuals receiving the Commemorative Medal

1. Individuals receiving the Commemorative Medal shall be entitled to receive the Certificate of Commemorative Medal, the Commemorative Medal Badge, and monetary rewards as stipulated in Clause 2, Article 76 of the Government Decree No. 42/2010/NĐ-CP dated April 15, 2010 detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards.

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

3. To bear responsibility under the law for the accuracy and truthfulness of the application file for the Commemorative Medal.

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

Chapter II

CRITERIA FOR CONSIDERING THE AWARD MEDAL

Article 7. Regarding individuals working in the natural resources and environment sector

1. Individuals who have worked in the natural resources and environment sector for 20 years or more for males and 15 years or more for females, with good moral character and completion of assigned tasks.

2. Calculation of service time for awarding the Commemorative Medal

a) Service time is calculated from the time spent working at agencies and units under the natural resources and environment sector, including before and after the consolidation into the natural resources and environment sector;

b) Individuals who have continuously worked for 3 years in mountainous areas, remote regions, border areas, islands, and regions with particularly difficult socio-economic conditions must have at least 15 years of service for males and 10 years of service for females;

c) Individuals who transfer from other sectors to work in the natural resources and environment sector or from the natural resources and environment sector to other sectors must have at least 25 continuous years of service for males and 20 continuous years for females, including at least 10 years of service in the natural resources and environment sector for males and 7 years for females;

d) Individuals disciplined with a warning can only be considered for the Commemorative Medal after the disciplinary period has expired, and the disciplinary period is not counted towards consideration for the Commemorative Medal;

đ) Individuals currently holding or having held leadership positions at the Department level and equivalent, or leading provincial Natural Resources and Environment Departments, must ensure at least one term in office;

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

a) Ministers and Deputy Ministers of the Ministry of Natural Resources and Environment (currently serving, retired on policy terms, or transferred);

b) Individuals within the sector who have been awarded one of the following commendations or honors: Orders of Merit, Hero of Labor, National Labor Medalist, People's Teacher, Distinguished Teacher, State Prize, Ho Chi Minh Prize;

c) Individuals within the sector who have made innovative contributions, achieved outstanding and exceptional merits with significant influence throughout the sector; individuals who have led at least one national-level scientific program or topic that has been successfully evaluated and applied in production and daily life;

Article 8. Regarding individuals working outside the natural resources and environment sector

Individuals working outside the natural resources and environment sector as stipulated in Clause 2, Article 2 of this Circular may be considered for the Commemorative Medal if they meet one of the following criteria:

1. Contributing to the leadership, guidance, and management that contribute to building and developing the natural resources and environment sector.

2. Having innovative ideas or scientific research projects of value to the natural resources and environment sector; achieving outstanding and exceptional merits contributing to building and developing the natural resources and environment sector.

3. Contributing to building and strengthening cooperative relationships between Vietnam and other countries and international organizations, contributing to building and developing the natural resources and environment sector.

4. Supporting resources contributing to building and developing the natural resources and environment sector.

Chapter III

APPLICATION DOCUMENTS AND PROCEDURES FOR CONSIDERING AND ORGANIZING THE AWARD OF THE COMMEMORATIVE MEDAL PROCEDURES FOR AWARDING THE COMMEMORATIVE MEDAL

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

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

a) A proposal letter from the unit according to the model prescribed in Appendix 1 issued together with this Circular;

b) A list of individuals proposed for consideration for the Commendation Medal according to the model prescribed in Appendix 2 issued together with this Circular;

c) A summary of achievements and work history of individuals within the natural resources and environment sector according to the model prescribed in Appendix 3 issued together with this Circular;

d) A summary of achievements and work history of individuals outside the natural resources and environment sector according to the model prescribed in Appendix 4 issued together with this Circular;

đ) A copy of decisions on commendations or certificates as prescribed at Point b and Point c, Clause 3, Article 7 of this Circular.

2. The documents shall be prepared in one set and submitted directly or via postal service to the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment (hereinafter referred to as the Standing Board of Competitions and Rewards of the Ministry) every June. For individuals meeting the criteria stipulated in Clause 3, Article 7 and Article 8, the submission time is not necessarily required to follow this regulation.

3. Within seven working days from the date of receiving complete documents as prescribed, the staff responsible for receiving documents shall examine and compile them for the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment. In case the documents are incomplete, within two working days, the Standing Board of Competitions and Rewards of the Ministry shall issue a notification to the submitting unit to complete the documents.

Article 10. Procedure for awarding the Commendation Medal

1. For individuals currently working in the natural resources and environment sector:

a) For the Minister and Deputy Ministers of the Ministry of Natural Resources and Environment: The Cadre and Civil Servant Department shall be responsible for preparing the documents for the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision;

b) For individuals working in units under the Ministry of Natural Resources and Environment: The proposing unit shall be responsible for selecting and preparing the documents to submit to the head of the unit for review and submit to the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision;

c) For individuals working in units under the Ministry of Natural Resources and Environment: The grassroots Competition and Reward Council shall be responsible for selecting and preparing the documents to submit to the head of the agency or unit for review and submit to the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision;

d) For individuals who have transferred from the natural resources and environment sector to other ministries or sectors: The grassroots Competition and Reward Council of the unit under the Ministry of Natural Resources and Environment where the individual worked previously shall be responsible for selecting and preparing the documents (with confirmation of the period of work from the directly managing unit) to submit to the head of the unit for review and submit to the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision;

In cases where the unit where the individual worked previously has been dissolved or merged, the unit that takes over and continues the organizational structure, functions, and tasks of that unit shall be responsible for preparing the documents for the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision.

đ) For individuals working in natural resources and environment agencies at local levels: The Competition and Reward Council of the Provincial Department of Natural Resources and Environment or the Municipality directly under the Central Government shall be responsible for selecting and preparing the documents to submit to the Director of the Provincial Department of Natural Resources and Environment or the Municipality for review and submit to the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision.

2. For individuals who have retired from the natural resources and environment sector:

a) For individuals who are retired from units under the Ministry of Natural Resources and Environment: The heads of units with retired staff shall cooperate with the Cadre and Civil Servant Department to prepare the documents for the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision;

b) For individuals who are retired from natural resources and environment agencies at local levels: The Competition and Reward Council of the Provincial Department of Natural Resources and Environment or the Municipality directly under the Central Government shall prepare the documents to submit to the Director of the Provincial Department of Natural Resources and Environment for review and submit to the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision.

3. For individuals working outside the natural resources and environment sector

a) For individuals working outside the natural resources and environment sector, the proposing unit for considering the Commendation Medal shall be responsible for preparing the documents for the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment to review and submit to the Minister for decision;

b) In cases where individuals have outstanding and exceptional merits requiring prompt presentation of the Commendation Medal, the Standing Board of Competitions and Rewards of the Ministry of Natural Resources and Environment shall be responsible for preparing the documents for submission to the Minister for decision.

Article 11. Time limit for issuing results of commemorative medal awarding

1. In cases where individuals meet the criteria for the awarding of commemorative medals, the Standing Board of the Ministry of Natural Resources and Environment's Competition and Reward Council shall submit to the Minister of Natural Resources and Environment for consideration and issuance of a Decision to award the commemorative medal. Within seven days from the date of the Decision, the Standing Board of the Competition and Reward Council of the Ministry of Natural Resources and Environment shall notify the agency or unit that submitted the application for the awarding of the commemorative medal.

2. In cases where individuals do not meet the criteria for the awarding of commemorative medals, within ten days from the date of receipt of complete valid files, the Standing Board of the Competition and Reward Council of the Ministry of Natural Resources and Environment shall issue a written notification to the agency or unit that submitted the application for the awarding of the commemorative medal.

3. After receiving the notification from the Standing Board of the Competition and Reward Council of the Ministry of Natural Resources and Environment, the agency or unit that submitted the application for the awarding of the commemorative medal shall send a representative directly to the Standing Board of the Competition and Reward Council of the Ministry of Natural Resources and Environment to receive the Decision, Commemorative Medal Badge, Commemorative Medal Certificate, and sign on the management file of the Ministry of Natural Resources and Environment for the distribution of physical items. If the agency or unit does not come directly to the Ministry of Natural Resources and Environment to receive the commemorative medal, they shall notify the Standing Board of the Competition and Reward Council of the Ministry of Natural Resources and Environment to send the commemorative medal through postal service.

Article 12. Presentation of Commemorative Medals

The Minister shall present the commemorative medals personally or delegate to Deputy Ministers, Heads of agencies and units under the Ministry of Natural Resources and Environment, or Directors of Provincial Departments of Natural Resources and Environment to present the commemorative medals.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from June 5, 2015, and replaces Circular No. 12/2009/TT-BTNMT dated August 17, 2009, issued by the Minister of Natural Resources and Environment, regarding the awarding of the "For the Natural Resources and Environment Cause" Commemorative Medal.

Article 14. Implementation Organization

1. The Department of Competition, Reward, and Propaganda is the Standing Board of the Competition and Reward Council of the Ministry of Natural Resources and Environment, responsible for reviewing, compiling, and examining the files of applications for the awarding of commemorative medals and submitting them to the Minister for consideration and decision. Annually, it shall prepare plans and budgets for making Commemorative Medal Badges, printing Commemorative Medal Certificates, and providing rewards to individuals awarded commemorative medals according to regulations.

2. Heads of agencies and units under the Ministry of Natural Resources and Environment and Directors of Provincial Departments of Natural Resources and Environment of centrally governed cities shall be responsible for implementing this Circular.

3. During implementation, if there are any difficulties, they should promptly report to the Ministry of Natural Resources and Environment for examination and resolution./.