Circular No. 22/2023/TT-BKHCN detailing and guiding specific provisions of the Law on Competition and Rewards in the field of science and technology.

CIRCULAR

Detailed regulations and specific guidance on certain provisions

of the Law on Encouragement and Reward in the field of science and technology

Pursuant to the Law on Encouragement and Reward dated June 15, 2022;

Technology;

At the request of the Director of the Department of Encouragement and Reward and the Director of the Legal Department;

The Minister of Science and Technology promulgates this Circular providing detailed regulations and specific guidance on certain provisions of the Law on Encouragement and Reward in the field of science and technology.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations and specific guidance on Clause 4 Article 24, Clause 3 Article 26, Clause 3 Article 27, Clause 3 Article 28, Clause 2 Article 71, Clause 6 Article 74, Clause 2 Article 75, and Clause 6 Article 84 of the Law on Encouragement and Reward in 2022 in the field of science and technology.

Article 2. Applicability

This Circular applies to officials, civil servants, public employees, and workers under the Ministry of Science and Technology; individuals and groups with achievements and contributions to the development of the Ministry and the field of science and technology; other related individuals and organizations.

Chapter II
OBJECTS, CRITERIA FOR CONSIDERING AWARDS OF ACHIEVEMENT TITLES,

 AWARDS FROM THE MINISTER AND CERTIFICATES OF RECOGNITION

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

1. The title "Advanced Worker" is awarded annually to individuals under the Ministry of Science and Technology who meet the criteria specified in Clause 1 Article 24 of the Law on Encouragement and Reward in 2022.

2. Individuals assigned by competent authorities to participate in training courses, education programs, or capacity building sessions shall have their study time counted towards consideration for the title "Advanced Worker".

3. Female individuals on maternity leave shall have their maternity leave time, as prescribed, counted towards consideration for the title "Advanced Worker".

4. Individuals dispatched to represent science and technology abroad may be considered for the title "Advanced Worker" based on the regulations, upon proposal or confirmation from the Vietnamese representative office abroad and the recommendation of the unit responsible for managing the dispatched individual.

5. For individuals transferred to another position, if they have worked at the previous unit for six months or more, they must obtain an evaluation opinion from the previous unit to be considered for the title "Advanced Worker".

6. For individuals temporarily reassigned or seconded to another agency or unit to perform a specific task, the decision to consider them for the title "Advanced Worker" shall be made by the agency or unit that reassigned or seconded them, based on the evaluation opinion of the receiving agency or unit.

7. The title "Advanced Worker" will not be considered in the following cases:

a) Individuals newly recruited or contractual staff who have worked for less than six months in the year of awarding rewards;

b) Individuals who have been absent from work without participating in work as prescribed by law for three to less than six months during the year (except for the case stipulated in Clause 3 of this Article);

c) Individuals currently under investigation for disciplinary action or under investigation, audit, inspection when there are signs of violation, or individuals currently being disciplined with a warning or higher penalty.

Article 4. Objects and criteria for considering awards of the title "Advanced Working Group"

1. The objects for considering the award of the title "Advanced Working Group" are groups under and directly under the Ministry of Science and Technology, including:

a) Groups directly under the Ministry;

b) Groups under and directly under units directly under the Ministry.

2. The title "Advanced Working Group" is awarded annually to groups meeting the criteria set forth in Clause 1 Article 28 of the Law on Encouragement and Reward in 2022.

Article 5. Recipients and criteria for awarding the title "Outstanding Labor Collective"

1. The recipients of the title "Outstanding Labor Collective" are collectives under or subordinate to the Ministry of Science and Technology, including:

a) Groups directly under the Ministry;

b) Collectives subordinate to units directly under the Ministry.

2. The title "Outstanding Labor Collective" is awarded annually to collectives that meet the criteria set forth in Clause 1 of Article 27 of the Law on Encouragement and Reward 2022.

Article 6. Recipients and criteria for awarding the Flag of Excellence of the Ministry of Science and Technology

1. The recipients of the Flag of Excellence of the Ministry of Science and Technology are collectives under or subordinate to the Ministry of Science and Technology, including:

a) Groups directly under the Ministry;

b) Collectives with legal personality subordinate to units directly under the Ministry.

2. The Flag of Excellence of the Ministry of Science and Technology is awarded to outstanding and leading collectives in the competition organized by the Ministry of Science and Technology, which meet the criteria set forth in Clauses 1 and 2 of Article 26 of the Law on Encouragement and Reward 2022.

Article 7. Criteria for awarding the Certificate of Merit by the Minister of Science and Technology

1. The Certificate of Merit by the Minister of Science and Technology is awarded or posthumously awarded to individuals under the Ministry of Science and Technology who exemplarily follow Party guidelines, state policies and laws, and meet one of the following criteria:

a) Individuals who have been consecutively awarded the title "Model Worker at the Grassroots Level" twice or have been recognized as having excellently completed their tasks for two consecutive years or more, during which time they have had two recognized and effectively applied initiatives within their grassroots level;

b) Individuals who are exemplary models in various competitive movements, serving as role models and spreading positive influence throughout the Ministry;

c) Individuals who achieve significant accomplishments in performing their duties or outstanding achievements with wide-ranging impact in areas managed by the Ministry (achievements beyond individual programs, tasks, and plans);

d) Individuals who have made substantial contributions to the construction and development of science and technology (holding leadership positions at the Department level or equivalent but not meeting the tenure requirement for state awards);

đ) Individuals who have made significant contributions to building their units and the Ministry of Science and Technology, contributing to the development of science and technology, and are considered for awards on the occasion of celebrating (anniversary) traditional days of their units when meeting the following criteria:

- Having worked in the unit for ten years or more;

- Consistently completing tasks well, including at least two years being recognized as having excellently completed tasks during the period for which the award is proposed.

2. The Certificate of Merit by the Minister of Science and Technology is awarded to collectives under or subordinate to the Ministry of Science and Technology who exemplarily follow Party guidelines, state policies and laws, and meet one of the following criteria:

a) Collectives recognized as having excellently completed tasks for two consecutive years or received the title "Outstanding Labor Collective," actively implementing competitive movements;

b) Collectives that are exemplary models in various competitive movements, serving as role models and spreading positive influence throughout the Ministry;

c) Collectives achieving outstanding and sudden accomplishments with wide-ranging impact in each area under the Ministry (accomplishments beyond collective programs, tasks, and plans);

d) Collectives that have made significant contributions to building their units and the Ministry of Science and Technology, contributing to the development of science and technology, and are considered for awards on the occasion of celebrating (anniversary) traditional days of their units when meeting the following criteria:

- Having a process of construction and development for five years or more;

- Consistently completing tasks well, including at least two years being recognized as having excellently completed tasks during the period for which the award is proposed.

3. Other cases are determined by the Minister.

Article 8. Criteria for awarding Certificates of Merit

1. Heads of units under or subordinate to the Ministry with legal personality grant Certificates of Commendation to individuals in their units who meet the following criteria:

a) Completing tasks well or better;

b) Possess good moral character; exemplarily follow Party guidelines, state policies and laws, internal regulations, and work rules of the agency or unit;

c) Actively study to improve professional knowledge and skills, and actively participate in competitive movements launched and promoted by the unit.

2. Heads of units under or subordinate to the Ministry with legal personality grant Certificates of Commendation to collectives in their units who meet the following criteria:

a) Completing tasks well or better;

b) Internal unity, properly implementing democratic regulations at the grassroots level, actively implementing competitive movements;

c) Fully implement policies and benefits for members of the collective.

Article 9. Quantity of files for proposing to be awarded commendation titles and awards

1. The file for proposing to be awarded commendation titles and award forms includes 01 set (original copy) and electronic documents of the award file.

2. The file for proposing to be awarded commendation titles and award forms based on achievements (regular awards) shall be sent to the Ministry's Commendation Council through the unit responsible for the Ministry of Science and Technology's competition and commendation work no later than January 5th of the following year compared to the year of commendation. For proposals for exceptional awards, the commendation proposal file shall be submitted when the collective or individual achieves the stipulated achievements.

Chapter III
OBJECTS AND CRITERIA FOR AWARDED MEMORIAL MEDAL "FOR THE CAUSE OF SCIENCE AND TECHNOLOGY"

Article 10. Principles for awarding the Memorial Medal "For the Cause of Science and Technology"

1. Ensuring transparency, democracy, objectivity, fairness, and timeliness in accordance with the provisions of the law and the objects and criteria specified in this Circular.

2. The Memorial Medal will be awarded once to each individual, not posthumously.

3. The Memorial Medal will be awarded on the occasion of commemorating Vietnam Science and Technology Day or according to the decision of the Minister of Science and Technology.

Article 11. Objects and criteria for awarding the Memorial Medal to individuals who have worked and are currently working in the field of science and technology

1. Leaders and former leaders of the Ministry of Science and Technology.

2. Leaders of units under the Ministry, Leaders of Provincial Departments of Science and Technology directly under the Central Government shall be eligible for the Memorial Medal if they meet the following criteria:

a) Having held a position for at least 05 years for the head level, 08 years for the deputy level and performing their duties well during the period of holding the position;

b) Individuals who transferred from other fields to work in the field of science and technology and were appointed to positions as specified in point a, Clause 2 of this Article shall be eligible for the Memorial Medal if they have held a position for at least 06 years for the head level, 09 years for the deputy level and performing their duties well during the period of holding the position;

c) Female individuals holding positions as specified in points a and b, Clause 2 of this Article shall have their time reduced by 02 years compared to the regulations;

d) Individuals who have held the head-level position but do not have enough time to propose for awarding according to the prescribed criteria can add the time spent in the deputy-level position to propose for awarding the Memorial Medal for that position.

3. Individuals who have worked for at least 20 years for males, 15 years for females and performed their duties well, specifically:

a) Individuals who have been and are currently working at units under and directly under the Ministry of Science and Technology;

b) Individuals currently working at Provincial Departments of Science and Technology;

c) Individuals directly engaged in research work, individuals working at Science and Technology departments, bureaus, offices under the Ministry, agencies equivalent to ministries, agencies under the Government, specialized agencies under provincial People's Committees directly under the Central Government (excluding Provincial Departments of Science and Technology).

4. The time for awarding the Memorial Medal to individuals who have been awarded the title of "National Labor Hero" or received the Labor Order or higher shall be reduced by 03 years; individuals who have been awarded a Certificate of Merit by the Prime Minister shall be reduced by 02 years compared to the time specified in Clause 3 of this Article.

5. Individuals who transferred from other fields to the field of science and technology and are proposed for awarding the Memorial Medal must have worked for at least 22 years for males, 17 years for females, including at least 10 years in the field of science and technology and performed their duties well.

Article 12. Objects and criteria for awarding the Memorial Medal to other individuals who have contributed to the field of science and technology

1. Individuals working in Party and State agencies who have contributed to leading and directing the implementation of scientific and technological activities, including:

a) Heads and deputies of heads of the Central Committee of the Vietnam Fatherland Front and political-social organizations at the central level; Leaders of Ministries, agencies equivalent to ministries, agencies under the Government;

b) Secretaries and Deputy Secretaries of provincial party committees directly under the Central Government, heads and deputies of heads of provincial Vietnam Fatherland Front Committees, Chairmen and Vice Chairmen of provincial People's Councils, provincial People's Committees directly under the Central Government;

c) Heads of political-social organizations at the provincial level directly under the Central Government; Directors and Deputy Directors of provincial departments, bureaus, and equivalent agencies who have held positions for at least one term and performed their duties well during the specified period may be proposed for awarding the Memorial Medal.

2. Individuals who are foreigners or overseas Vietnamese who have contributed to the development of science and technology in Vietnam.

3. Individuals who have inventions, patents, innovations, solutions in science and technology recognized by competent authorities, applied with practical value, making substantial and effective contributions to the economy and society.

4. Other cases as decided by the Minister of Science and Technology.

Article 13. Cases Not Eligible for and Not Yet Considered for the Award of the Commemorative Medal

1. The Commemorative Medal shall not be awarded to individuals who have been disciplined with a warning or higher level of punishment.

2. Individuals under consideration for disciplinary action, investigation, audit, or inspection due to suspected violations shall not yet be considered for the award of the Commemorative Medal.

3. An individual who has been disciplined may only be considered for the award of the Commemorative Medal after the completion of their disciplinary period. The disciplinary period shall not be counted towards eligibility for the Commemorative Medal.

Article 14. Authority to Propose for the Award of the Commemorative Medal

1. Heads of units directly subordinate to the Ministry of Science and Technology propose for the award of the Commemorative Medal for individuals within their management authority (including retired individuals meeting the criteria but not yet considered for the award) and individuals as specified in Clause 2 of Article 12 of this Circular.

2. The Director of the Personnel Department of the Ministry of Science and Technology proposes for the award of the Commemorative Medal for individuals as specified in Clause 1 of Article 11, Clause 4 of Article 12 of this Circular.

3. Heads of units authorized by the Minister, Heads of agencies at the ministerial level, or agencies under the Government to propose for the award of the Commemorative Medal for individuals within their respective ministries, agencies at the ministerial level, or agencies under the Government; and individuals as specified in Point a of Clause 1 and Clause 3 of Article 12 of this Circular.

4. Directors of provincial and centrally-administered city Science and Technology Departments propose for the award of the Commemorative Medal for individuals within their Science and Technology Departments; and individuals as specified in Points b and c of Clause 1 and Clause 3 of Article 12 of this Circular.

Article 15. Documentation for Proposing the Award of the Commemorative Medal

1. The documentation for proposing the award of the Commemorative Medal shall be implemented according to the provisions of the Decree detailing the implementation of certain articles of the Law on Competition and Rewards in 2022, consisting of one set (original) and electronic documents of the dossier. The list of information of individuals proposed for the award of the Commemorative Medal shall be carried out according to the model attached to this Circular.

2. The documentation for proposing the award of the Commemorative Medal shall be submitted to the Ministry of Science and Technology (through the unit responsible for competition and reward work of the Ministry). For individuals meeting the criteria stipulated in Clause 2, Clause 3, and Clause 5 of Article 11 and Point c of Clause 1 and Clause 3 of Article 12 of this Circular, the documentation for proposing the award of the Commemorative Medal shall be submitted before April 20 each year. 1. This Circular takes effect from January 15, 2024.

Chapter IV
IMPLEMENTING PROVISIONS

Article 16. Effective Date

2. Circular No. 16/2019/TT-BKHCN dated December 10, 2019 of the Minister of Science and Technology regarding the awarding of the Flag of Excellence, Certificate of Merit of the Minister of Science and Technology, and the Commemorative Medal "For the Cause of Science and Technology", and Circular No. 21/2022/TT-BKHCN dated December 30, 2022 of the Minister of Science and Technology amending, supplementing, and abolishing certain articles of Circular No. 16/2019/TT-BKHCN cease to be effective from the date this Circular takes effect.

Dossiers for commendation that have been submitted to the Ministry of Science and Technology before the date this Circular takes effect shall continue to be implemented according to the provisions of Circular No. 16/2019/TT-BKHCN dated December 10, 2019 of the Minister of Science and Technology regarding the awarding of the Flag of Excellence, Certificate of Merit of the Minister of Science and Technology, and the Commemorative Medal "For the Cause of Science and Technology", amended and supplemented by Circular No. 21/2022/TT-BKHCN.

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

Article 17. Transitional Provisions

The unit responsible for competition and reward work of the Ministry of Science and Technology, Heads of units subordinate to and directly subordinate to the Ministry of Science and Technology, relevant agencies, organizations, and individuals are responsible for implementing this Circular.

Article 18. Implementation Organization

2. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals should reflect them in writing to the Ministry of Science and Technology for review and resolution./.

- Deputy Prime Ministers of the Government;

Appendix

(Annexed to Circular No. 22/2023/TT-BKHCN dated November 29, 2023 of
the Minister of Science and Technology)

AWARDING AUTHORITY/UNIT
Independence - Freedom - Happiness

ID Card/

Passport