Circular No. 22/2023/TT-BCT provides detailed regulations on the implementation of certain provisions of the Law on Competition and Rewards in the Industry and Trade sector.

CIRCULAR

Detailed Implementation of Certain Provisions of the Law on Encouragement and Reward

 in the Ministry of Industry and Trade

Pursuant to the Law on Competition and Reward 2022;

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the proposal of the Director of the Cadre and Civil Servant Organization Department;

The Minister of Industry and Trade issues this Circular detailing the implementation of certain provisions of the Law on Competition and Rewards in the Ministry of Industry and Trade.

Article 1. Scope of Regulation and Applicability

1. This Circular details the implementation of Clause 4 Article 24; Clause 3 Article 26; Clause 3 Article 27; Clause 3 Article 28; Clause 6 Article 74; Clause 2 Article 75; Clause 6 Article 84 of the Law on Competition and Rewards 2022.

2. This Circular applies to collectives, civil servants, public officials, employees of agencies, units, enterprises under the direct or indirect management of the Ministry of Industry and Trade and individuals and organizations with outstanding achievements in the construction and development of the Ministry of Industry and Trade.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. "Units under the Ministry" include: Departments, Bureaus, General Departments, Office of the Ministry, Inspectorate of the Ministry, National Competition Authority, Office of the Party Committee of the Ministry, Vietnam General Confederation of Labor - Ministry of Industry and Trade, Party Committee of the Ministry of Industry and Trade; Office of the Inter-Ministerial Steering Committee for International Integration on Economy; Office of the National Steering Committee for Power Development; Institute for Strategy and Policy Research on Industry and Trade; Central Industry and Trade Cadre Training School and other units prescribed in documents issued by the Government or the Prime Minister.
2. "Public Service Units directly under the Ministry" include: Institutes, Schools, Centers and Vietnam Industry and Trade Newspaper, Vietnam Industry and Trade Magazine, Vietnam Industry and Trade Publishing House.

Article 3. Criteria for awarding the title "Advanced Worker"

1. The title "Advanced Worker" shall be awarded annually according to the year of work or at the end of the academic year to individuals working in agencies, units, enterprises under the direct or indirect management of the Ministry of Industry and Trade and meeting the criteria stipulated in Clause 1 Article 24 of the Law on Competition and Rewards.

2. Time spent by individuals who are assigned to attend training courses, study programs, or refresher courses shall be counted towards the assessment for the title "Advanced Worker".

3. Maternity leave time as prescribed shall be counted towards the assessment for the title "Advanced Worker".

4. For individuals transferred to the Ministry of Industry and Trade during the awarding period, the recommending agency must seek comments from the previous agency if the individual has worked there for six months or more.

5. In cases where individuals are reassigned or seconded to the Ministry of Industry and Trade or within agencies, units, enterprises under the direct or indirect management of the Ministry of Industry and Trade for a specific period: The assessment for the title "Advanced Worker" shall be conducted by the agency or unit that reassigns or seconds the individual, and the organization or unit to which the individual is reassigned or seconded shall provide comments and evaluations on the individual's performance during the reassignment or secondment period.

6. The title "Advanced Worker" shall not be assessed for any of the following cases:

a) Individuals who have been employed or are under a labor contract for less than six months;

b) Individuals who have been disciplined with a warning or higher.

Article 4. Criteria and subjects for the award of the title "Advanced Working Collective"

1. The title "Advanced Working Collective" shall be awarded annually to collectives according to the year of work or at the end of the academic year and meeting the criteria stipulated in Clause 1 Article 28 of the Law on Competition and Rewards.

2. The recipients for awarding the title "Advanced Labor Collective" include:

a) Agencies and units specified in Clause 1 and Clause 2 of Article 2;

b) Agencies and units under the agencies specified in Clause 1 and Clause 2 of Article 2;

c) Enterprises under the Ministry and units under enterprises under the Ministry.

Article 5. Standards and Recipients for the Award of the "Outstanding Labor Collective"

1. The title "Outstanding Working Collective" shall be awarded annually to collectives according to the year of work or at the end of the academic year and meeting the criteria stipulated in Clause 1 Article 27 of the Law on Competition and Rewards.

2. The objects for consideration of the award of the title "Outstanding Labor Collective" include:

a) Agencies and units specified in Clause 1 and Clause 2 of Article 2;

b) Agencies and units under the agencies specified in Clause 1 and Clause 2 of Article 2;

c) Enterprises under the Ministry and units under enterprises under the Ministry.

Article 6. Criteria and subjects for the award of the title "Flag of Competition of the Ministry of Industry and Trade"1. The title "Flag of Competition of the Ministry of Industry and Trade" shall be awarded annually to collectives according to the year of work or at the end of the academic year and leading the competition movement organized by the Ministry and meeting the following criteria:

a) Completing competition targets and assigned tasks beyond expectations in the year; having new factors and models for other units in the Ministry and industry to emulate. For production and business units, they must comply with laws, fulfill obligations to the State and the Ministry of Industry and Trade;

b) Receiving the title "Outstanding Working Collective";

c) Internal unity; party organizations and mass organizations being evaluated and classified as performing well or better; actively practicing thrift, combating waste, corruption, and other social evils.

2. Competition groups assess, evaluate, and recommend the most outstanding collective leading the competition movement among their groups to the Minister for consideration and awarding of the Flag of Competition of the Ministry of Industry and Trade.

3. The title "Flag of Competition of the Ministry of Industry and Trade" shall be awarded to the leading collective in a special competition campaign launched by the Ministry of Industry and Trade upon completion of the campaign lasting three years or longer. The Ministry of Industry and Trade will issue guiding documents for the summary and awards of each competition campaign.

4. Subjects eligible for the award of the title "Flag of Competition of the Ministry of Industry and Trade" include:

b) Vietnam General Confederation of Labor and Provincial Industry and Trade Departments of centrally governed cities;

a) Agencies and units specified in Clause 1 and Clause 2 of Article 2;

c) Enterprises under the Ministry and units under enterprises under the Ministry;

d) Units under the Market Management General Department.  

d) Units under the Market Management General Department.

      Article 7. Criteria for awarding or posthumously awarding Certificates of Merit by the Ministry of Industry and Trade

1. The Certificate of Merit of the Minister of Industry and Trade shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

a) Implementing the provisions set forth in Clause 1 and Clause 2, Article 74 of the Law on Competition and Rewards;

b) Having a career in units under the Ministry of Industry and Trade, making contributions to the cause of building and developing the industry and trade sector, and being considered for the award before retirement;

c) Achieving many accomplishments in their work contributing to the construction and development of the industry and trade sector during anniversaries (round years and five-year intervals) of the establishment of the industry and trade sector or units;

d) Other cases decided by the Minister of Industry and Trade.

2. The Certificate of Merit of the Ministry of Industry and Trade shall be awarded to collectives, enterprises, and other organizations meeting one of the following criteria:

a) Implementing the provisions set forth in Clause 3 and Clause 4, Article 74 of the Law on Competition and Rewards;

b) Achieving many accomplishments in their work contributing to the construction and development of the industry and trade sector during anniversaries (round years and five-year intervals) of the establishment of the industry and trade sector or units;

3. The Certificate of Merit of the Minister of Industry and Trade shall be awarded to households that conscientiously implement the Party's guidelines, State policies, and laws, making significant contributions to the construction and development of the industry and trade sector.

4. Other cases are decided by the Minister of Industry and Trade.

Article 8. Criteria for awarding Certificates of Merit

1. Heads of units with separate accounts, seals, and legal personality under and subordinate to the Ministry of Industry and Trade may present Certificates of Merit to individuals with good moral character who conscientiously implement the Party's guidelines, State policies, and laws, internal regulations and rules of the agency or unit, and meet one of the following criteria:

a) Completing assigned tasks satisfactorily or better; having outstanding achievements in competition campaigns initiated by the Ministry of Industry and Trade or the unit;

b) Achieving many merits or outstanding achievements with wide-ranging impact in one of the fields within the unit's management scope.

2. Heads of units with separate accounts, seals, and legal personality under and subordinate to the Ministry of Industry and Trade may present Certificates of Merit to collectives that are united, exemplary in implementing the Party's guidelines, State policies, and laws, internal regulations and rules of the agency or unit, caring for the material and spiritual life of members, practicing thrift, and meeting one of the following criteria:

a) The collective completes assigned tasks satisfactorily or better; has outstanding achievements in competition campaigns initiated by the Ministry of Industry and Trade or the unit;

b) Achieving many merits or outstanding achievements with wide-ranging impact in one of the fields within the unit's management scope.

3. Heads of units under and subordinate to the Ministry of Industry and Trade with separate accounts, seals, and legal personality within their scope of duties and authority shall guide the criteria and subjects for presenting certificates of merit for individuals and collectives under their management authority.

Article 9. Quantity of files for proposing awards of commendation titles and forms of rewards within the authority of the Minister of Industry and Trade

Files for proposing awards of commendation titles and forms of rewards within the authority of the Minister of Industry and Trade consist of one set (original) and electronic documents of the reward file, except for documents containing state secrets.

Article 10. Effective Date

1. This Circular takes effect from January 1, 2024.

2. Abolish Clause 1 of Article 10 concerning the title "Advanced Worker"; points a, b, c, and d of Clause 2 of Article 10; Clauses 6, 7, and 8 of Article 13 of Circular No. 40/2019/TT-BCT dated December 10, 2019 of the Minister of Industry and Trade guiding the implementation of competition and reward activities in the industry and trade sector from the date this Circular takes effect.

3. In cases where the legal normative documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

Article 11. Implementation Organization

1. The Standing Office of the Competition and Reward Council of the Ministry of Industry and Trade assists the Minister of Industry and Trade in guiding, monitoring, inspecting, and urging units in the industry and trade sector to implement this Circular.

2. In the course of implementation, if there are difficulties, units and individuals are requested to report in writing to the Ministry of Industry and Trade for consideration and resolution./.