Decision No. 1801/2008/QD-BNG Issuing Regulations on the Implementation of the Commendation Certificate Award by the Minister of Foreign Affairs

Pursuant to …;

promulgating the Guidelines for Implementing the Form of Awarding Merit Certificates by the Minister of Foreign Affairs

Certificate of Merit of the Minister of Foreign Affairs

_____________________

MINISTER OF FOREIGN AFFAIRS

Pursuant to the Law on Competition and Reward dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated June 14, 2005;
Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of the Law on Competition and Reward;
Considering the proposal of the Competition and Reward Council of the Ministry of Foreign Affairs,

DECISION:

Article 1. These Guidelines for Implementing the Form of Awarding Merit Certificates by the Minister of Foreign Affairs are hereby issued together with this Decision.

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall supersede previous regulations on awarding Merit Certificates by the Minister of Foreign Affairs.

Article 3. The Heads of the Office, Department of Organization and Cadres, Financial Management Bureau, Heads of units under the Ministry, and Heads of overseas representative offices are responsible for implementing this Decision./.

REGULATIONS

GUIDELINES FOR IMPLEMENTING THE FORM OF AWARDING MERIT CERTIFICATES BY THE MINISTER OF FOREIGN AFFAIRS
(issued together with Decision No. 1801/2008/QĐ-BNG dated July 17, 2008 of the Minister of Foreign Affairs)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of application

1. These guidelines apply to the awarding of Merit Certificates by the Minister of Foreign Affairs to individuals and groups who have made outstanding contributions to the foreign affairs activities of the State of Vietnam, contributing to strengthening political, economic, and cultural relations with other countries, enhancing Vietnam's image, prestige, and role on the international stage, and promoting national unity for the cause of building and defending the country.

2. These guidelines aim to guide the implementation of the provisions of the Law on Competition and Reward and related documents concerning the form of awarding Merit Certificates by the Minister.

Article 2. Applicability

These guidelines apply to the following individuals and groups:

1. Individuals and groups within the Ministry of Foreign Affairs including individuals and groups, and overseas representative offices of the Socialist Republic of Vietnam (hereinafter referred to as overseas representative offices of Vietnam) managed by the Ministry of Foreign Affairs.

2. Individuals and groups outside the Ministry of Foreign Affairs including individuals and groups belonging to state agencies, political organizations, political-social organizations, political-social-professional organizations, social organizations at central and local levels (hereinafter referred to as individuals and groups belonging to agencies and organizations at central and local levels), and individuals not belonging to these agencies and organizations.

3. Individuals and groups of Vietnamese residing abroad.

4. Individuals and groups of foreigners working and residing in Vietnam.

5. Individuals and groups of foreigners not working and residing in Vietnam.

Article 3. Principles of Reward

1. Rewards shall be implemented based on the principles of accuracy, transparency, fairness, and timeliness.

2. Rewards must ensure a spirit of solidarity and cooperation based on motivating morale and encouraging material incentives.

3. In one year, only one reward shall be given to one recipient.

Article 4. Forms and Timing of Awards

1. Regular forms of rewards are conducted at the following times:

a) At the end of the annual work period, on the anniversary of the establishment of the sector, and at the Foreign Affairs Conference, applicable to individuals and groups within the Ministry of Foreign Affairs;

b) At the time of organizing the Local Foreign Affairs Conference, on the anniversary of the establishment of the sector, applicable to individuals and groups outside the Ministry of Foreign Affairs;

c) At the end of the annual competition period of overseas representative offices of Vietnam or during National Day on September 2, applicable to individuals and groups of Vietnamese residing abroad or individuals and groups of foreigners not working and residing in Vietnam;

d) At the end of the term of service in Vietnam for individuals and groups of foreigners working and residing in Vietnam.

2. Special forms of rewards are applied to all recipients specified in Clause 1 of Article 1, conducted after major work periods or short-term competitions.

Chapter 2.

CRITERIA FOR REWARDS

Article 5. Criteria for rewarding individuals

1. Individuals within the Ministry of Foreign Affairs meet one of the following criteria:

a) Achieving the title "Outstanding Worker" for two consecutive years;

b) Having outstanding achievements in a specific field of work or in a major work period of the Ministry.

2. Individuals outside the Ministry of Foreign Affairs meet one of the following criteria:

a) Making outstanding contributions to the foreign affairs achievements of the Foreign Affairs sector with at least five years of work in the foreign affairs field;

b) Having outstanding achievements in a major foreign affairs work period of the Foreign Affairs sector;

c) Individuals in local foreign affairs agencies achieving outstanding achievements for three consecutive years and having regular ties with the Ministry of Foreign Affairs.

3. Individuals of Vietnamese origin residing abroad meet one of the following criteria:

a) Making outstanding contributions to the construction and defense of the country and the development of cooperative and friendly relations between Vietnam and the host country or actively supporting the activities of Vietnam's representative offices in the host country;

b) Making outstanding contributions to the construction and unity of the community of Vietnamese residents abroad and mobilizing them to support the country.

4. Individuals of foreign origin meet one of the following criteria:

a) Successfully completing their term of service in Vietnam and making outstanding contributions in their area of responsibility, contributing to strengthening cooperative and friendly relations with Vietnam;

b) Making specific and outstanding contributions to strengthening cooperative and friendly relations with Vietnam, particularly showing concern and actively supporting the activities of Vietnam's representative offices in the host country;

c) Making outstanding contributions to strengthening cooperative and friendly relations between the Ministry of Foreign Affairs of Vietnam and the Ministry of Foreign Affairs of the individual's home country.

Article 6. Criteria for rewarding groups

1. Groups within the Ministry of Foreign Affairs meet one of the following achievements:

a) Receiving the title "Excellent Labor Group" for two consecutive years;

b) Having outstanding achievements in a specific field of work or in a major work period of the Ministry of Foreign Affairs.

2. A collective outside the Ministry of Foreign Affairs shall meet one of the following achievements:

a) Making outstanding contributions to the foreign affairs achievements of the Foreign Affairs sector with continuous work for five years or more;

b) Making outstanding contributions during a major foreign affairs mission of the Foreign Affairs sector;

c) A local diplomatic agency achieving outstanding results for two consecutive years and maintaining regular and close working relations with the Ministry of Foreign Affairs.

3. A collective of overseas Vietnamese shall meet one of the following criteria:

a) Making outstanding contributions to the construction and defense of the country and the development of cooperative and friendly relations between Vietnam and the host country;

b) Making outstanding contributions to the building and unity of the Vietnamese community in the host country or in mobilizing the overseas Vietnamese community to support the homeland.

In addition to the above criteria, such collectives must be registered associations or organizations permitted to operate under the laws of the host country and regularly report their activities to the Vietnamese representative office abroad.

4. A collective of foreigners shall meet one of the following criteria:

a) Making outstanding and specific contributions to strengthening cooperative and friendly relations with Vietnam, particularly showing concern and actively supporting the activities of the Vietnamese representative office in the host country;

b) Making outstanding and specific contributions to enhancing cooperative and friendly relations between the Vietnamese Ministry of Foreign Affairs and the Ministry of Foreign Affairs of the collective's home country.

Chapter 3.

PROCEDURE AND DOCUMENTATION FOR AWARDS

Article 7. Procedure for awarding individuals and collectives within the Ministry of Foreign Affairs

1. Based on the achievements of individuals and collectives, units within the Ministry of Foreign Affairs shall prepare files in accordance with Article 12 of this Regulation and submit them to the Ministry of Foreign Affairs Office.

2. The Ministry of Foreign Affairs Office shall compile and review the files before submitting them to the Ministry’s Awards Council.

3. The Ministry’s Awards Council shall examine and provide opinions. The Council’s opinion serves as the basis for the Minister of Foreign Affairs to consider and decide to confer Certificates of Merit.

4. After receiving the opinion of the Ministry’s Awards Council, the Ministry of Foreign Affairs Office shall submit it to the Ministry Leadership for review before presenting it to the Minister for decision.

5. The Ministry of Foreign Affairs Office shall take the lead and coordinate with relevant units to complete necessary procedures to present the Minister of Foreign Affairs’s Certificate of Merit decision. In special cases, the head of the relevant unit or the head of the representative office may be authorized to organize the presentation ceremony.

Article 8. Procedure for awarding individuals and collectives within central agencies, local agencies, and other individuals

1. For individuals and collectives within central agencies:

a) Based on the achievements of subordinate individuals and collectives, central agencies shall prepare files along with recommendation letters for awards and submit them to the Ministry of Foreign Affairs in accordance with Article 12 of this Regulation;

b) After reviewing the files in accordance with Clause 2, Article 7 of this Regulation, the Ministry of Foreign Affairs Office will send the files to relevant units for examination;

c) Units receiving the files shall promptly provide written examination opinions and return them to the Ministry of Foreign Affairs Office for compilation and submission to the Ministry’s Awards Council;

d) The subsequent procedure for conferring Certificates of Merit in this section shall be carried out in accordance with Clauses 3 to 5 of Article 7 of this Regulation.

2. For individuals and collectives within local agencies:

a) Based on the achievements of subordinate individuals and collectives, local agencies or local diplomatic agencies shall prepare files along with recommendation letters for awards from provincial or city People's Committees and submit them to the Ministry of Foreign Affairs in accordance with Article 12 of this Regulation;

b) After reviewing the files in accordance with Clause 2 of Article 7 of this Regulation, the Ministry of Foreign Affairs Office will send the files to relevant units for examination;

c) Units receiving the files for examination shall promptly provide written examination opinions and return them to the Ministry of Foreign Affairs Office for compilation and submission to the Ministry’s Awards Council;

d) The subsequent procedure for conferring Certificates of Merit in this section shall be carried out in accordance with Clauses 3 to 5 of Article 7 of this Regulation.

3. For other individuals:

a) Based on the achievements of related individuals within the Ministry of Foreign Affairs, relevant units shall prepare files in accordance with Points a, b, and c of Clause 5, Article 12 of this Regulation and submit them to the Ministry of Foreign Affairs Office;

b) The subsequent procedure shall be carried out in accordance with Clauses 2 to 5 of Article 7 of this Regulation.

Article 9. Procedure for awarding individuals and collectives of overseas Vietnamese

1. Based on the achievements of individuals and collectives of overseas Vietnamese, Vietnamese representative offices abroad shall prepare files along with recommendation letters for awards and submit them to the Committee for Overseas Vietnamese in accordance with Article 12 of this Regulation.

2. The Committee for Overseas Vietnamese shall compile and review the files and promptly provide written examination opinions, then submit them to the Ministry of Foreign Affairs Office for compilation and submission to the Ministry’s Awards Council.

3. The subsequent procedure for conferring Certificates of Merit in this section shall be carried out in accordance with Clauses 3 to 5 of Article 7 of this Regulation.

Article 10. Procedure for awarding individuals and collectives of foreigners working and residing in Vietnam

1. Based on the achievements of individuals and collectives of foreigners working and residing in Vietnam, directly responsible units within the Ministry of Foreign Affairs shall prepare files along with recommendation letters for awards and submit them to the Ministry of Foreign Affairs Office in accordance with Article 12 of this Regulation.

2. The subsequent procedure for conferring Certificates of Merit in this section shall be carried out in accordance with Clauses 2 to 5 of Article 7 of this Regulation.

Article 11. Procedure for awarding individuals and collectives of foreigners not working or residing in Vietnam

1. Based on the achievements of individuals and collectives of foreigners, Vietnamese representative offices abroad shall prepare files along with recommendation letters for awards and submit them to the Ministry of Foreign Affairs in accordance with Article 12 of this Regulation.

2. The Office of the Ministry of Foreign Affairs shall compile and review the file, then send it to the relevant Regional Department of the Ministry of Foreign Affairs for examination comments.

3. The Regional Department of the Ministry of Foreign Affairs shall be responsible for timely providing written examination comments and sending them back to the Office of the Ministry for compilation and submission to the Ministry of Foreign Affairs' Commendation and Award Council.

4. The subsequent procedures for awarding Certificates of Merit under this Article shall be carried out in accordance with the provisions from Clause 3 to Clause 5 of Article 7 of this Regulation.

5. In cases where there is no Vietnamese representative office in the host country, the relevant Regional Department of the Ministry of Foreign Affairs shall prepare the file and send it to the Office of the Ministry of Foreign Affairs along with the commendation recommendation document as stipulated in Article 12 of this Regulation.

Article 12. Commendation File

1. The commendation file for individuals and groups under the Ministry of Foreign Affairs includes:

a) Report on achievements of the individual and group recommended for commendation;

b) Minutes of the unit meeting evaluating the achievements of the individual and group;

c) Recommendation document for commendation signed by the head of the unit;

d) Opinion of the Ministry of Foreign Affairs' Commendation and Award Council;

đ) Petition of the Ministry's Leadership by the Office of the Ministry of Foreign Affairs.

2. The commendation file for individuals and groups not under the Ministry of Foreign Affairs includes:

a) Report on achievements of the individual and group recommended for commendation;

b) Recommendation document for commendation issued by the related agency or organization;

c) Examination opinion of the relevant unit under the Ministry of Foreign Affairs;

d) Opinion of the Ministry of Foreign Affairs' Commendation and Award Council;

đ) Petition of the Ministry's Leadership by the Office of the Ministry of Foreign Affairs.

3. The commendation file for individuals and groups of overseas Vietnamese includes:

a) Brief biography and achievements of the individual and group of overseas Vietnamese confirmed by the Association of Overseas Vietnamese in the host country (if available);

b) Recommendation for commendation by the Vietnamese representative office abroad;

c) Opinion of the Ministry of Foreign Affairs' Commendation and Award Council;

d) Petition of the Ministry's Leadership by the Office of the Ministry of Foreign Affairs.

4. The commendation file for individuals and groups of foreigners includes:

a) Brief biography and achievements of the individual and group recommended for commendation;

b) Recommendation for commendation by the main managing unit of the Ministry of Foreign Affairs or by the Vietnamese representative office abroad;

c) Opinion of the Ministry of Foreign Affairs' Commendation and Award Council;

d) Petition of the Ministry's Leadership by the Office of the Ministry of Foreign Affairs.

5. The commendation file for other individuals

a) Report on achievements of the individual;

b) Recommendation document for commendation issued by the relevant unit under the Ministry of Foreign Affairs;

c) Confirmation by the People's Committee of the commune or ward regarding the implementation of the Party's and State's policies by the individual and his/her family;

d) Opinion of the Ministry of Foreign Affairs' Commendation and Award Council;

đ) Petition of the Ministry's Leadership by the Office of the Ministry of Foreign Affairs.

6. The commendation file shall consist of one set (original copy) sent to the Office of the Ministry of Foreign Affairs. If in a foreign language, it must be translated into Vietnamese.

Chapter 4.

REGIME OF COMMENDATION AND IMPLEMENTATION

Article 13. Commendation Regime

The material commendation regime and other benefits apply only to groups and individuals under the Ministry of Foreign Affairs as prescribed in Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Competition and Reward, and other regulations of the Ministry of Foreign Affairs.

Article 14. Implementation

1. This Regulation shall take effect fifteen days after its publication in the Official Gazette and shall replace previous regulations concerning the awarding of Certificates of Merit by the Minister of Foreign Affairs.

2. The Head of the Office of the Ministry, the Director of the Organization and Cadre Department, the Director of the Administrative and Financial Management Bureau, the Heads of units under the Ministry, and the Heads of Vietnamese representative offices abroad shall be responsible for disseminating, guiding, and implementing this Regulation.

3. During the implementation process, if difficulties arise, the units shall propose recommendations to the Ministry of Foreign Affairs' leadership for timely amendments and supplements to this Regulation to ensure its appropriateness./.