Decision No. 22/2005/QD-BGTVT On the Issuance of the Commemorative Medal "For the Cause of Transport"

Pursuant to …;

Regarding the issuance of the Commemorative Medal "For the Cause of Transport"

THE MINISTER OF TRANSPORTATION

Pursuant to the Law on Competition and Reward dated November 26, 2003;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Office of the Ministry of Transport,

DECISION:

Article 1. The Commemorative Medal "For the Cause of Transport" is hereby issued to recognize the contributions of individuals who have made significant contributions to the cause of transport in Vietnam.

Article 2. The awarding of the Commemorative Medal "For the Cause of Transport" shall be carried out in accordance with the Regulation on Awarding the Commemorative Medal "For the Cause of Transport" promulgated by the Minister of Transport accompanying this Decision.

Article 3. The Commemorative Medal "For the Cause of Transport" has the same value as the Medal "For the Cause of Transport" issued pursuant to Decision No. 3069/TCCB-LĐ dated June 6, 1995 of the Minister of Transport.

Article 4. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 3069/TCCB-LĐ dated June 6, 1995 of the Minister of Transport.

Article 5. Members of the Ministry of Transport's Competition and Reward Council, Heads of agencies, organizations, and individuals under the Ministry of Transport, and relevant agencies, organizations, and individuals are responsible for implementing this Decision./.

REGULATIONS

Awarding the Commemorative Medal "For the Cause of Transport"

(Issued together with Decision No. 22/2005/QĐ-BGTVT dated March 30, 2005)

of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1. Principles for awarding the Commemorative Medal "For the Cause of Transport"

1. The Commemorative Medal "For the Cause of Transport" (hereinafter referred to as "the Commemorative Medal") is a form of reward by the Minister of Transport to recognize the contributions and encourage the dedication of individuals (including those who have passed away) who have made significant contributions to the construction and development of the transport industry in Vietnam.

2. Individuals meeting the criteria may only receive the Commemorative Medal once and will not be considered for a second award.

3. The awarding of the Commemorative Medal must be conducted in accordance with the law, the correct recipients, standards, and procedures set forth in this Regulation, ensuring principles of fairness, democracy, and transparency.

4. Individuals who have been awarded the Medal "For the Cause of Transport" issued pursuant to Decision No. 3069/TCCB-LĐ dated June 6, 1995 of the Minister of Transport shall not be eligible for the Commemorative Medal under this provision.

Chapter II

ELIGIBILITY AND CRITERIA FOR GRANTING THE COMMEMORATIVE MEDAL

Article 2. Recipients of the Commemorative Medal

1. Officials, civil servants, employees, volunteers against French and American forces, workers who have worked and are currently working in the transport sector (hereinafter collectively referred to as individuals in the transport sector).

2. Other individuals not covered by the provisions of Clause 1 of this Article (hereinafter collectively referred to as individuals outside the transport sector).

Article 3. Criteria for awarding the Commemorative Medal to individuals in the transport sector

1. Individuals with at least 20 years of service in the transport sector for males and at least 15 years for females.

2. Individuals transferred from other sectors to the transport sector or from the transport sector to other sectors: having continuously served for 25 years, including at least 10 years in the transport sector for males and 8 years for females.

3. Individuals meeting the service period criteria specified in Clause 1 of this Article but disciplined below the level of dismissal shall only be eligible for the Commemorative Medal three years after the disciplinary record is removed. Time spent under discipline shall not be counted towards eligibility for the Commemorative Medal.

4. Individuals dismissed due to disciplinary action or criminal prosecution or involved in criminal cases without a conclusion from the competent state agency shall not be eligible for the Commemorative Medal.

Article 4. Criteria for awarding the Commemorative Medal to individuals outside the transport sector

1. Individuals who have contributed significantly to leadership and direction, contributing to the construction and development of the transport industry in Vietnam.

2. Individuals who have innovative ideas or scientific research projects of practical value that contribute to the development of the transport industry.

3. Individuals who have contributed to building and consolidating cooperative relations between countries and international organizations and the transport industry, positively contributing to the transport industry in Vietnam.

4. Individuals who have provided meritorious financial or material support for the development of the transport industry.

Article 5. Cases eligible for early awarding

1. Individuals working in the transport sector in remote, mountainous, and island areas receiving regional allowances of 0.5 or more according to Circular Joint No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 5, 2005 of the Ministry of Home Affairs, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, and the Committee for Ethnic Minorities shall have their actual service time in these areas multiplied by a factor of 1.5.

2. Individuals with service time in the transport sector during the anti-French resistance period shall have their service time multiplied by a factor of 1.5.

3. Individuals with service time in Zone 4, Battlefields B, C, K during the anti-American rescue period shall have their service time multiplied by a factor of 1.5.

4. Individuals serving in the transport sector who have been awarded (posthumously awarded) the following honors:

a) Heroic Laborer, Heroic Armed Forces: shall be proposed for immediate awarding upon receipt of the commendation decision;

b) Medal of Bravery in Transport: shall be proposed for immediate awarding without regard to service time.

5. Individuals holding leadership positions in the transport sector who have not yet met the service time criteria specified in points a and b of Clause 1 of this Article, may be proposed for awarding:

a) Leaders of the Ministry of Transport: may be proposed for awarding after completing one term (five years);

b) Leaders of Departments under the Ministry of Transport and leaders of Provincial Transport Departments, Provincial Transport and Public Works Departments: may be proposed for awarding after completing two terms (ten years).

Chapter III

PROCEDURES FOR CONSIDERING THE AWARDING OF THE COMMENDATION MEDAL

Article 6. Procedures for awarding the Commemorative Medal to individuals in the transport sector

1. Annually, the Competition and Reward Council of the agency, organization at the grassroots level or the Joint Conference of the administration, party, and mass organizations (if there are collective entities without a Competition and Reward Council such as Departments, the Ministry's Inspectorate, the Ministry's Office...) shall select individuals (including those who have retired, war invalids, former Volunteer Youth, and deceased persons) meeting the criteria for awarding, prepare a list and Application File for considering the granting of the Commemorative Medal, and submit it to the Head of their own agency or organization.

2. The Head of the agency or organization at the grassroots level shall submit the list and Application File for considering the granting of the Commemorative Medal to the Competition and Reward Council of the subordinate agencies, departments under the Ministry of Transport, Department of Transport, or Department of Transport and Public Works for review.

3. The Head of the agencies, organizations directly under the Ministry of Transport, Department of Transport, or Department of Transport and Public Works shall send the list and Application File for considering the granting of the Commemorative Medal to the Competition and Reward Council of the Ministry of Transport for verification and submission to the Minister for decision.

Article 7. Procedure for awarding the Commemorative Medal to individuals outside the Transport Industry

1. The Heads of agencies and organizations directly under the Ministry of Transport, Directors of the Department of Transport, or Department of Transport and Public Works shall be responsible for reviewing and preparing files for individuals meeting the criteria for awarding the Commemorative Medal within their jurisdictional areas and submitting them to the Competition and Reward Council of the Ministry of Transport for consideration and submission to the Minister for decision.

2. In special cases, the Standing Committee of the Competition and Reward Council of the Ministry shall be responsible for proposing individuals meeting the criteria for awarding the Commemorative Medal and preparing the file for submission to the Minister for decision.

Article 8. Application File for Considering the Granting of the Commemorative Medal to Individuals within the Transport Industry

1. A recommendation letter for considering the granting of the Commemorative Medal from the Head of the agency or organization under the Ministry of Transport, Director of the Department of Transport, or Department of Transport and Public Works (one copy according to Model No. 1 attached to this Regulation);

2. A list recommending the granting of the Commemorative Medal (one copy according to Model No. 2 attached to this Regulation);

3. A summary of achievements and work history of the individual, confirmed by the Head of the managing agency or organization (one copy according to Model No. 3 attached to this Regulation). For retired individuals, the confirming authority shall be the agency that issued the retirement decision.

4. Copies of Decisions on rewards related to the granting of the Commemorative Medal as stipulated in Clause 4, Article 5 of this Regulation.

Article 9. Application File for Considering the Granting of the Commemorative Medal to Individuals Outside the Transport Industry

Agencies and organizations directly under the Ministry of Transport, Department of Transport, or Department of Transport and Public Works recommending the granting of the Commemorative Medal to individuals outside the Transport Industry shall be responsible for preparing and ensuring the authenticity of the Application File for Considering the Granting of the Commemorative Medal, including:

1. A recommendation letter for considering the granting of the Commemorative Medal (one copy according to Model No. 1 attached to this Regulation);

2. A summary of achievements and contributions to the construction and development of the Transport Industry made by the individual recommended for the granting of the Commemorative Medal.

3. For individuals working in other Ministries, sectors (at the local level, in Departments, bureaus, and sectors), state-owned enterprises, political-social organizations, written approval from the main supervising Ministry, sector (at the local level, Departments, bureaus, and sectors), enterprises, and political-social organizations must be obtained.

Article 10. Time for Submitting the Application File for Considering the Granting of the Commemorative Medal

1. Annually, the Heads of agencies and organizations directly under the Ministry, Directors of the Department of Transport, or Department of Transport and Public Works shall consider and prepare the Application File for Considering the Granting of the Commemorative Medal and submit it to the Competition and Reward Council of the Ministry of Transport before June 1st.

For individuals outside the Transport Industry, the time for submitting the Application File does not necessarily follow this regulation.

2. Based on the proposal of the Standing Committee of the Competition and Reward Council of the Ministry of Transport, the Minister of Transport shall consider and issue a Decision to grant the Commemorative Medal on the occasion of the traditional anniversary of the Transport Industry each year (August 28) and on some special occasions.

Chapter IV

RIGHTS AND RESPONSIBILITIES

RIGHTS OF THE INDIVIDUALS AWARDED THE COMMENDATION MEDAL

Article 11. Rights of the individual awarded the Commemorative Medal

1. To receive the Decision on awarding the Commemorative Medal, the Commemorative Medal "For the Cause of Transport Industry," and the Certificate of the Minister of Transport.

2. To have their name recorded in the traditional golden book of the Transport Industry.

Article 12. Responsibilities of the individual awarded the Commemorative Medal

1. The individual awarded the Commemorative Medal "For the Cause of Transport Industry" shall be responsible for preserving and using the Commemorative Medal during traditional festivals of the Transport Industry.

2. Not to lend the Commemorative Medal to others.

Chapter V

IMPLEMENTATION

Article 13. Responsibilities of the Competition and Reward Council of the Ministry of Transport

1. To organize the implementation, guidance, and monitoring of the execution of this Regulation;

2. To compile and propose amendments and supplements to improve the Regulation on awarding the Commemorative Medal "For the Cause of Transport Industry."

Article 14. Responsibilities of the Organization and Cadre Department

The Organization and Cadre Department shall be responsible for verifying the period of service in the Transport Industry for individuals from agencies and organizations directly under the Ministry upon the request of the Standing Committee of the Competition and Reward Council of the Ministry of Transport.

Article 15. Award Ceremony

The Head of the agency or organization within the Transport Industry shall be responsible for organizing the presentation of the Commemorative Medal to individuals recommended for the Commemorative Medal in a solemn and economical manner.

Chapter VI

VIOLATION HANDLING AND COMPLAINT AND DENUNCIATION RESOLUTION

REGARDING THE AWARDING OF THE COMMENDATION MEDAL

Article 16. Handling violations in the awarding of the Commendation Medal

1. Any individual who reports inaccurately about the criteria specified for receiving the Commemorative Medal shall have their Commemorative Medal, Certificate, and Decision on awarding the Commemorative Medal revoked.

2. The Competition and Reward Council of the Ministry of Transport shall be responsible for reviewing and submitting to the Minister of Transport for a decision to revoke the Commemorative Medal.

Article 17. Resolving complaints and reports regarding the awarding of Commemorative Plaques

Procedures, formalities, deadlines, and authorities for handling complaints and denunciations regarding the awarding of commemorative medals shall be carried out in accordance with the laws on complaints and denunciations./.