Circular No. 25/2009/TT-BCT detailing the implementation of competition and reward work in the Industry and Trade sector

CIRCULAR

Regulations on the detailed implementation of competition and reward work

in the Ministry of Industry and Trade

_________________________

            Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

            Pursuant to the Competition and Reward Law dated November 26, 2003 and the Law Amending and Supplementing Certain Articles of the Competition and Reward Law dated June 14, 2005 (hereinafter referred to as the Competition and Reward Law);

            Pursuant to Decree No. 121/2005/ND-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain articles of the Competition and Reward Law and the Law Amending and Supplementing Certain Articles of the Competition and Reward Law (hereinafter referred to as Decree No. 121/2005/ND-CP);

The Ministry of Industry and Trade details the implementation of competition and reward work in the industry and trade sector as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the detailed implementation of competition and reward work in the industry and trade sector, including: forms and contents of organizing competition movements; titles of honor and criteria for such titles; forms, subjects, and criteria for rewards; authority to grant awards, procedures, and application files for rewards; Competition and Reward Councils at all levels; competition and reward funds, and handling violations related to competition and reward.

Article 2. Applicability

1. Competitors

The subjects of competition under this Circular include: civil servants, public officials, employees within the establishment and indefinite-term labor contracts;

those who have worked for at least twelve months in reality, working at agencies and units under the Ministry of Industry and Trade, Provincial Departments of Industry and Trade (hereinafter referred to as individuals); agencies and units under the Ministry of Industry and Trade, Provincial Departments of Industry and Trade, and enterprises under provinces and centrally governed cities (hereinafter referred to as groups).

2. Recipients of rewards

a) Subjects as stipulated in Clause 1 of this Article;

b) Individuals and groups engaged in the industry and trade sector in agencies and units under ministries, central bodies, and localities;

c) Individuals and groups of Vietnamese people abroad and foreign individuals and groups with significant achievements contributing to the construction, protection, and development of Vietnam's industry and trade sector.

Article 3.  Objectives of Competition and Reward

Competition and reward work aims to create motivation, encourage, attract, and honor groups and individuals who enthusiastically engage in creative labor, striving to complete assigned tasks excellently, thereby contributing to the development of the industry and trade sector.

Article 4. Principles of competition and reward

1. Principles of Competition

a) Voluntary, self-aware, transparent; ensuring a spirit of unity, cooperation, and mutual development;

b) Bestowing titles of honor must be based on the results of the competition movement;

c) Individuals and groups participating in the competition movement must register for competition, set competition goals, and criteria. Those who do not register for competition will not be considered or recognized for titles of honor.

2. Principles of Reward

a) Accurate, transparent, democratic, fair, and timely based on the correct assessment of the performance of groups and individuals; emphasizing quality according to standards rather than forcing quantity; rewarding groups and individuals does not require following a sequence from lower to higher reward forms, but rather rewarding according to the achievements made. Achievements made under difficult conditions and with broader impacts will be considered and proposed for higher rewards;

b) A reward form can be given multiple times to the same subject;

c) Ensure consistency between the nature, form, and recipient of commendation.

d) Combining spiritual encouragement closely with material incentives.

Article 5. Responsibilities of Heads of Agencies and Units in Competition and Commendation Work

1. The Minister shall initiate and direct competition movements within the entire Sector. The Ministry's Competition and Commendation Council shall be responsible for advising the Minister on the content of competitions and organizing competition movements.

2. Heads of agencies and units shall organize the initiation and direction of competition movements within their managed agencies and units.

3. Organizations under agencies and units need to closely coordinate with the Heads of the same level to direct the organization of the initiation and maintenance of regular competition movements, expand competition movements and exemplary models within their agencies and units; proactively identify and select collectives and individuals with outstanding achievements for commendation or recommend higher-level commendation according to this Circular.

Article 6. Responsibilities of Industry Press Agencies

Industry newspapers and magazines have the responsibility to regularly publicize competition and commendation work; disseminate and set examples of advanced models, good people and deeds, promote competition movements; identify individuals and collectives with outstanding achievements in competition movements; combat and criticize violations of laws on competition and commendation within the Industry and Trade sector.

Article 7. Obligations and Benefits of Individuals and Collectives Receiving Commendation

1. Individuals receiving commendation titles and forms shall be awarded Certificates of Merit, Certificates of Appreciation, and monetary or material rewards as prescribed; they have the right to retain, display, and use Certificates of Merit, Certificates of Appreciation, Certificates of Recognition, and material rewards; they may be considered for early promotion according to regulations; priority shall be given for research, study, work, and professional development both domestically and internationally; commendation titles and forms are among the bases for evaluating, planning, appointing, and reappointing cadres annually.

2. Collectives receiving commendation titles and forms shall be awarded Certificates of Merit, Certificates of Recognition, and monetary or material rewards as prescribed; they have the right to retain, display, and use Certificates of Merit, Certificates of Appreciation, Certificates of Recognition, or material rewards on official documents and materials of the agency or unit.

3. Individuals and collectives recognized with commendation titles and forms shall be responsible for maintaining and promoting their achieved results, striving to achieve higher accomplishments and titles; preserving material rewards. Strictly prohibited are all forms of buying, selling, renting, lending, giving away, or transferring material rewards.

Chapter II

FORMS AND CONTENT OF ORGANIZING COMPETITION MOVEMENTS

COMPETITION TITLES AND STANDARDS FOR COMPETITION TITLES

Article 8. Forms of Organizing Competitions

1. Regular competitions are organized and implemented daily, monthly, quarterly, and annually to achieve set goals, targets, and work programs.

2. Periodic and thematic competitions are organized to enhance the quality and effectiveness of work, strive to excellently complete key and urgent tasks within a specific period, or address difficult and pressing issues, weaknesses, and remaining problems.

a) The Industry and Trade sector organizes periodic and thematic competitions to strive for successful implementation of the five-year national socio-economic development plan.

b) Agencies and units within the sector organize competitions to celebrate traditional days of the sector, agency, or unit, and anniversaries of establishment.

Article 9. Content of the Competition Movement

1. Clearly define the objectives, scope, competition targets, set out competition indicators, slogans, contents, and duration of the competition. The determination of the content and criteria for the competition must be scientific, suitable to the practical conditions of each agency or unit, and feasible.

2. Determine measures to organize the competition movement; have appropriate forms to launch the competition movement, attach importance to publicizing the significance of the competition period, and promoting a sense of responsibility.

3. Launch and direct the implementation of the competition movement; have plans to implement measures to mobilize and encourage competition, monitor the process of organizing the competition, organize pilot guidance to draw lessons and disseminate good practices for participants in the competition.

4. Summarize and conclude the competition movement, evaluate the results of the competition. For long-term competition periods (lasting one year or more), agencies and units must organize mid-term summaries to draw lessons; at the end of short-term competition periods (less than one year) or each phase, conduct summaries and conclusions to evaluate the results; publicly select, review, commend, and reward individuals and groups achieving outstanding results in the competition movement. Publicize and promote exemplary models within agencies and units.

Article 10. Registration for Competition Titles

Annually, no later than March 31, agencies and units shall organize for individuals and groups to register their efforts to achieve competition movements, competition indicators, competition titles, and submit the competition registration form (according to Form 1a and 1b in Appendix 1 issued with this Circular) to the Ministry for monitoring and serving as the basis for awarding competition titles.

Article 11. Competition Titles

1. For Individuals

a) National Model Worker;

b) Outstanding Soldier of the Ministry;

c) Grassroots Model Worker;

d) Advanced Worker.

2. For Collectives

a) Flag of Government Competition;

b) Flag of the Ministry;

c) Outstanding Labor Group;

d) Advanced Labor Group.

Article 12. Criteria for Competition Titles

1. Individuals Achieving the National Outstanding Soldier Title

Follow the provisions stipulated in Article 21 of the Law on Competition and Rewards and Article 15 of Decree No. 121/2005/NĐ-CP.

2. Individuals Achieving the Outstanding Soldier Title of the Ministry

a) Have outstanding achievements, standing out among those who have continuously achieved the Outstanding Soldier title at the grassroots level for three consecutive times;

b) Achievements that have a positive impact within the Industry and Trade sector.

3. Individuals Achieving the Outstanding Soldier Title at the Grassroots Level

a) Advanced Worker;

b) Have innovative ideas, technological improvements, application of new technologies, or have innovative work methods, implementing administrative reform procedures to increase labor productivity and enhance work efficiency.

Individuals with innovative ideas, technological improvements, or the application of new technologies must be recognized by the Scientific Council (Innovation Council) at the grassroots level or participate in research topics at the grassroots level or higher, which are rated as excellent or win national or international awards in sports, cultural, and artistic competitions or exhibitions.

4. Individuals Achieving the Advanced Worker Title

a) Meet the criteria stipulated in Clause 1 of Article 24 of the Law on Competition and Rewards;

b) For individuals sent to study or undergo short-term training under one year, if they achieve satisfactory academic results and comply well with the regulations of the training institutions, their academic performance can be combined with their work performance at the agency or unit to assess the Advanced Worker title. In cases where individuals attend studies or training for one year or more and achieve satisfactory academic results, that year will be considered equivalent to the Advanced Worker title for the purpose of awarding other competition and reward titles;

c) For individuals who take leave from work for two months or more (forty days or more according to the working system) in one year, they do not qualify for consideration or nomination for the Advanced Worker title.

5. Groups Achieving the Government Flag of Merit Title

Meet the criteria stipulated in Article 25 of the Law on Competition and Rewards and Article 16 of Decree No. 121/2005/NĐ-CP.

6. Groups Achieving the Ministry Flag of Merit Title

a) Exceed the competition indicators and tasks assigned for the year; these are exemplary groups that excellently complete their tasks;

b) Have new factors or models for other groups in the Industry and Trade sector to learn from;

c) Internal unity, actively practicing thrift, combating waste, corruption, and other social evils.

7. Groups Achieving the Excellent Worker Title

Meet the criteria stipulated in Clause 1 of Article 27 of the Law on Competition and Rewards.

8. Groups Achieving the Advanced Worker Title

Meet the criteria stipulated in Clause 1 of Article 28 of the Law on Competition and Rewards.

9. Method of Awarding Titles

a) The awarding of titles specified in Clauses 1, 2, and 3 of this Article is conducted annually;

b) The awarding of the Outstanding Soldier title at the grassroots level specified in Clause 3 of this Article is carried out with a ratio of no more than 20% of the number of cadres, civil servants, public officials, and workers in the agency or unit who have achieved the Advanced Worker title;

c) The awarding of the Advanced Worker title specified in Clause 4 of this Article, for individuals who are cadres, civil servants, public officials, and workers employed in agencies and units under the Ministry, must be selected from those who have completed their assigned tasks and have registered to successfully complete their tasks (completing assigned tasks, achieving high productivity and quality);

d) The awarding of the Government Flag of Merit title specified in Clause 5 of this Article is conducted annually during the Ministry's annual work summary (for educational institutions, it is awarded at the end of the school year) for outstanding and excellent groups that exceed all assigned tasks comprehensively in the year; having new factors or models for other groups in the entire sector to learn from. Annually, based on the registration for the Government Flag of Merit (through the Central Competition and Reward Board), the Ministry of Industry and Trade allocates the number of flags to agencies and units within the sector;

đ) The awarding of the Ministry Flag of Merit title specified in Clause 6 of this Article is conducted annually during the Ministry's annual work summary; for educational institutions, it is awarded at the end of the school year. Annually, the Ministry issues specific guidelines regarding the allocation of the Ministry Flag of Merit to agencies and units under the Ministry and Provincial Departments of Industry and Trade directly under the central government.

e) The awarding of the title of Excellent Labor Collective as stipulated in Clause 7 of this Article shall be selected from among outstanding and excellent collectives that have been awarded the title of Advanced Labor Collective.

Chapter III

FORMS OF REWARD

CRITERIA FOR RECOGNITION AND REWARD FORMS

Article 13. Forms of recognition and reward

1. Regular recognition and reward is a form of recognition and reward for collectives and individuals who have achieved outstanding results after completing annual tasks or multi-year plans.

2. Recognition and reward based on specific topics is a form of recognition and reward for collectives and individuals who have achieved outstanding results when reviewing and concluding the implementation of target programs or a specific competition, reunion, exhibition, and closely linked to direct guidance plans of units under the Ministry for grassroots units in the Industry and Trade sector.

3. Immediate recognition and reward is a form of recognition and reward for collectives and individuals with outstanding and particularly excellent achievements, inventions, patents, scientific works, outstanding state-level works, or high awards in national or international competitions, having exemplary effects within the Ministry and sector, not included in the competition targets or not participating in signing competition agreements.

Article 14. Forms of recognition and reward

1. State forms of recognition and reward

Orders, Medals, State Honorary Titles, Ho Chi Minh Prize, State Prize, Certificates of Merit from the Prime Minister.

2. Forms of recognition and reward by the Ministry

a) Certificate of Merit from the Minister of Industry and Trade;

b) Commemorative Medal for the Development of the Vietnam Industry and Trade Sector;

c) Award for Women's Scientific Creativity in Industry and Trade.

3. Forms of recognition and reward by the head of an entity with its own account, seal, and legal personality

Certificate of Merit.

Article 15. Criteria for forms of recognition and reward

1. Orders, Medals, Certificates of Merit from the Prime Minister, State Honorary Titles, Ho Chi Minh Prize, State Prize shall be implemented according to the provisions in Chapter III of the Law on Competition and Reward and Chapter III of Decree No. 121/2005/ND-CP.

2. The title of People's Artist and Outstanding Artist shall be implemented according to Circular No. 01/2007/TT-BCN dated January 11, 2007, issued by the Ministry of Industry (now the Ministry of Industry and Trade) guiding the criteria, procedures, formalities, and files for granting the titles of People's Artist and Outstanding Artist.

3. The Commemorative Medal for the Development of the Vietnam Industry and Trade Sector shall be implemented according to the Regulation on Granting the Commemorative Medal for the Development of the Vietnam Industry and Trade Sector issued together with Decision No. 46/2008/QD-BCT dated December 17, 2008, by the Minister of Industry and Trade.

4. The Award for Women's Scientific Creativity in Industry and Trade shall be implemented according to the Regulation on Granting the Award for Women's Scientific Creativity in Industry and Trade issued together with Decision No. 38/2008/QD-BCT dated October 21, 2008, by the Minister of Industry and Trade.

       5. Certificate of Merit from the Minister of Industry and Trade for individuals

a) Completing tasks exceptionally well and consecutively twice achieving the title of Model Worker at the grassroots level before the time of recommendation;

b) Achieving outstanding results, being evaluated during campaigns initiated by the Ministry of Industry and Trade;

c) Achieving exceptional outstanding results;

d) Having a long-term career or making significant contributions to the construction, protection, and development of the Industry and Trade sector, recognized on the occasion of celebrating the founding day of the sector, agency, or unit;

đ) Other cases decided by the Minister upon consideration.

6. Certificate of Merit from the Minister of Industry and Trade for collectives

a) Meeting the criteria specified in Clause 2 of Article 72 of the Law on Competition and Reward;

b) Completing tasks exceptionally well and consecutively twice achieving the title of Excellent Labor Collective, or achieving outstanding results, being evaluated during campaigns initiated by the Ministry of Industry and Trade;

The granting of rewards for agencies, units, and small collectives within agencies and units under the Ministry for outstanding immediate achievements or significant contributions to the construction, protection, and development of the agency or unit on the occasion of celebrating the founding day of the agency or unit shall be carried out during the year-end summary of the Ministry.

7. Certificate of Merit from the head of an entity with its own account, seal, and legal personality

Implemented according to the provisions in Article 75 of the Law on Competition and Reward and Article 50 of Decree No. 121/2005/ND-CP.

Chapter IV

AUTHORITY TO DECIDE, GRANT, PROCEDURES, AND FILES

AND PROCEDURE FOR PROPOSING AWARDS

Article 16. Competence to decide and present awards

1. The State Heroic Medal, Merit Medal, Ho Chi Minh Prize, State Prize, National Honor Title, Flag of Excellence of the Government, National Model Worker, Prime Minister's Commendation shall be implemented in accordance with Articles 77 and 78 of the Law on Encouragement and Reward.

2. The Minister of Industry and Trade decides to present awards for the following commendations:

a) Flag of Excellence of the Ministry;

b) Excellent Labor Collective;

c) Model Worker of the Ministry.

3. The Minister of Industry and Trade decides to present awards for the following forms of commendation:

a) Certificate of Merit;

b) Commemorative Medal for the Development of the Vietnam Industry and Trade Sector;

c) Award for Women's Scientific Creativity in Industry and Trade.

3. The head of agencies and units having legal personality, separate accounts, and separate seals decides to present awards for the following commendations:

a) Advanced Labor Collective;

b) Advanced Laborer;

c) Model Worker at the grassroots level.

4. The head of agencies and units having separate accounts, separate seals, and legal personality decides to present awards for the form of commendation: Certificate of Merit.

Article 17. Ceremony for presenting commendations and rewards

Announcing and presenting commendations and rewards is an occasion to honor good people and exemplary deeds. The ceremony must be solemn, practical, economical, avoiding ostentation and waste.

1. Organizing rallies, commemorative ceremonies, presenting and receiving national honors, medals, flags of excellence from the Government, certificates of merit from the Prime Minister shall be carried out in accordance with the provisions of Decree No. 154/2004/NĐ-CP dated August 9, 2004 of the Government.

2. The Minister of Industry and Trade, authorized by Party and State leaders, presents the Flag of Excellence of the Government to agencies and units under the Ministry and directly presents the Flag of Excellence of the Ministry and the Minister's Certificate of Merit to agencies and units under the Ministry and Provincial Departments of Industry and Trade at the annual work summary conference of the Ministry.

3. The Minister of Industry and Trade authorizes the heads of agencies and units responsible for organizing the presentation of commendations and rewards as follows:

a) For Medals, after receiving notifications from the Department of Encouragement and Reward and reward decisions and items, the agency or unit head establishes a plan to organize and receive, report to the Minister (through the Department of Encouragement and Reward). After receiving the Minister's instructions, the Department of Encouragement and Reward coordinates with relevant agencies and units to announce and present, and may combine with other practical programs of the agency or unit to save time and costs. For some special cases, the Department of Encouragement and Reward establishes a plan to receive and report to the Minister and organize the announcement and presentation.

b) For the title of National Model Worker and the form of commendation: Prime Minister's Certificate of Merit for individuals and groups, the agency or unit head proactively establishes a plan, organizes the announcement and presentation to individuals and groups within their own responsibility, and informs the Department of Encouragement and Reward for guidance and monitoring.

c) For commendations and rewards within the competence of the Minister of Industry and Trade, the Minister authorizes the agency or unit head to announce and present to individuals and groups under their management.

d) For groups and individuals awarded commendations and rewards within the competence of the agency or unit head, the agency or unit organizes the announcement and presentation.

Article 18. Commendation Procedures

1. The level that initiates a campaign of encouragement selects outstanding individuals and groups for commendation or recommends higher levels to commend them.

2. The head of agencies and units under the Ministry is responsible for commending according to their authority or requesting higher levels to commend individuals and groups within their management scope.

3. For Provincial Departments of Industry and Trade

a) Proposals for presenting commendations and rewards of the State are examined and submitted by the People's Committee of the province or centrally-administered city in accordance with the provisions of the Law on Encouragement and Reward, Decree No. 121/2005/NĐ-CP, and guiding documents of the People's Committee of the province or centrally-administered city;

b) The Ministry of Industry and Trade agrees with the commendations for State commendations and rewards proposed by the People's Committee of the province or centrally-administered city or the Central Board of Encouragement and Reward;

c) Proposals for commendations and rewards within the decision-making authority of the Minister of Industry and Trade are implemented like those of agencies and units under the Ministry.

4. For units outside the industry

The head of the agency or unit with working relations proposes to the competent authorities at various levels for consideration and requests the Minister of Industry and Trade to commend according to their authority.

Article 19. Application for Awards

1. The Department of Competition and Rewards shall be responsible for receiving applications for awards from agencies and units under the Ministry and outside the sector.

2. For Commendation Certificates and Excellence Flags of the Ministry of Industry and Trade, one set of application files shall include:

a) A proposal for awarding commendations from the Director of the Department of Industry and Trade of provinces and centrally governed cities regarding collectives and individuals under their Departments or heads of agencies and units under the Ministry, accompanied by a list (Annex 2);

b) Minutes of meetings of the Competition and Rewards Council of the Department of Industry and Trade of provinces and centrally governed cities or minutes of meetings of the Competition and Rewards Council of agencies and units under the Ministry (Annex 3);

c) Reports on achievements of collectives (signed and stamped by the head of the agency or unit) and individuals (signed, full name clearly stated, confirmed by the head of the agency or unit signing and stamping) proposed for awards (Annexes 4 and 5);

d) Copies of Decisions or Certificates recognizing the title of Model Worker at the grassroots level or Outstanding Labor Collectives issued by competent authorities;

đ) Confirmation of innovations, improvements, and application of new technologies, scientific topics by the Science Council or Innovation Council of the agency or unit; Copies of National and International Awards (if any).

3. For the title of Hero of Labor, the application file shall be implemented according to Clause 3 of Article 63 of Decree No. 121/2005/ND-CP; Point 4, Part III of Circular No. 01/2007/TT-VPCP dated July 31, 2007 of the Government Office (Annexes 6 and 7).

4. For the title of National Model Worker, the Flag of the Government, and forms of rewards such as Orders, Commendation Certificates of the Prime Minister, Medals, the application file shall be implemented according to Clauses 3 of Article 53, Clause 3 of Article 54, Clause 5 of Article 56, Clause 4 of Article 57, and Clause 2 of Article 60 of Decree No. 121/2005/ND-CP; Point 4, Part III of Circular No. 01/2007/TT-VPCP dated July 31, 2007 of the Government Office, including:

a) Proposal for awarding (Annex 2);

b) Minutes of meetings of the Competition and Rewards Council (Annex 3);

c) Copies of decisions or certificates recognizing the titles of excellence and forms of rewards given by competent authorities to collectives and individuals proposed for awards;

d) Reports on achievements of individuals and collectives proposed for awards must have signatures, full names of the preparers, and signatures, stamps (if any) confirming by the head of the agency or unit (Annexes 4 and 5);

đ) Summary reports on achievements of individuals and collectives (no more than two A4 pages);

e) Confirmation of innovations, improvements, and application of new technologies by the Science Council or Innovation Council of the unit; Copies of national and international awards (Annex 8);

g) Confirmation of fulfilling state budget payment obligations for collectives and individuals who are heads of agencies and enterprises with state budget payment obligations (confirmed by the tax authority of the province or centrally governed city);

h) Opinions of local People's Committees (communes, wards) on activities within their jurisdiction;

i) For collectives and individuals in the industry (under provinces and centrally governed cities), relevant ministries, central-level mass organizations need to seek the agreement of the Ministry of Industry and Trade, only need to send achievement reports along with letters requesting opinions.

5. For sudden awards, during campaigns, or on specific topics

 The application file shall be implemented according to Clauses 2 and 3 of Article 61 of Decree No. 121/2005/ND-CP; Point 4, Part III of Circular No. 01/2007/TT-VPCP dated July 31, 2007 of the Government Office, including:

a) Proposals for awarding commendations from agencies and units, accompanied by lists of individuals and collectives proposed for awards (Annex 2);

b) Summary reports on achievements prepared by directly managing agencies and units (clearly stating achievements and merits obtained) to propose awards (Annex 9).

6. For awards recognizing long-term contributions, the application file shall be implemented according to the provisions of Decree No. 121/2005/ND-CP, including:

a) Proposals for awarding commendations from agencies and units managing cadres before retirement (Annex 2);

b) Reports on achievements (Annex 10).

7. For awards to foreigners, the application file shall be implemented according to the provisions of Decree No. 121/2005/ND-CP, including:

a) Proposals for awarding commendations from agencies and units where foreigners work (Annex 2);

b) Reports on achievements (Annex 11).

  8. Certificates recognizing the titles of Model Workers at the Ministry level, Outstanding Labor Collectives, Model Workers at the grassroots level, Advanced Labor Collectives (Annexes 12 and 13).

Article 20. Time for Receiving Application Files

1. Regular rewards for collectives and individuals under the authority of the Ministry

a) For annual regular rewards for commendation titles and reward forms within the authority of the Minister and the Flag of Excellence from the Government, the latest date shall be December 15 each year (based on the postmark);

b) For the title of National Vanguard Soldier, the latest date shall be February 10 each year (based on the postmark);

c) For Medals, Orders, Certificates of Merit from the Prime Minister, and the title of Labor Hero, there is no specified time limit for receiving application files.

2. For commendation titles and reward forms within the authority of the head of the agency or unit, such decisions shall be made according to the provisions set out in Clause 3, Article 16 of this Circular.

3. For sudden rewards and topic-based rewards, the application file must be submitted no later than fifteen (15) days from the achievement of the sudden success or the completion of the topic work.

Article 21. Procedure for Proposing Rewards

After receiving the application file for proposing rewards or agreeing on rewards, the Department of Commendation and Awards is responsible for reviewing the commendation titles and reward forms according to current regulations and compiling them to present to the Chairman of the Commendation and Awards Council for consideration and decision or to seek opinions from other members of the Council in writing. The results of the assessment by the Council are compiled and presented to the Minister for decision. The procedure for proposing rewards for specific subjects is as follows:

1. In cases where rewards of the Golden Star Medal, Ho Chi Minh Medal, and the title of Labor Hero are proposed, the Department of Commendation and Awards reports to seek guidance from the Minister and the Chairman of the Commendation and Awards Council before convening the Ministry's Commendation and Awards Council meeting. In the application file submitted to the Prime Minister (through the Central Commendation and Awards Board for review to submit to the President), there must be a written opinion of the Party Cadre and Civil Servants' Committee of the Ministry of Industry and Trade.

2. In cases where commendation titles and reward forms for individuals and collectives of agencies and units under the Ministry are considered, the heads of these agencies and units prepare the report, minutes of the grassroots Commendation and Awards Council meetings, and a summary of the achievements of the individuals and collectives proposed for rewards, which are sent to the Department of Commendation and Awards for review and presentation to the Ministry's Commendation and Awards Council for consideration.

The Department of Commendation and Awards completes the application file to submit to the Minister for decision on rewards within their authority or to the Prime Minister for decision (through the Central Commendation and Awards Board).

3. In cases where commendation titles and reward forms of the Flag of Excellence of the Ministry and Certificates of Merit of the Ministry for individuals and collectives under the provincial and centrally-administered city Departments of Industry and Trade are considered, the Department of Commendation and Awards compiles, reviews, and presents to the Ministry's Commendation and Awards Council for consideration and completes the application file to submit to the Minister for decision.

4. In cases where rewards for individuals and collectives outside the industry are considered, the heads of agencies and units with direct relations prepare the report along with a summary of the achievements of the individuals and collectives proposed for rewards, which are sent to the Department of Commendation and Awards for compilation, review, and presentation to the Ministry's Commendation and Awards Council for consideration and completion of the application file to submit to the Minister for decision.

The Department of Commendation and Awards is responsible for proposing to the Ministry's Commendation and Awards Council to present to the Minister for consideration and proposal to the competent authority for rewards of commendation titles and reward forms for the leadership of the Ministry.

 

Chapter V

THE COMMENDATION AND AWARDS COUNCILS AT ALL LEVELS

Article 22. Competition and Reward Councils at all levels in the Industry and Trade Sector

1. Establish the Competition and Reward Council of the Ministry of Industry and Trade to direct competition and reward activities within the Industry and Trade Sector.

2. Establish Competition and Reward Councils at agencies and units under the Ministry to direct competition and reward activities within their respective agencies and units.

 

Article 23. Authority to Decide on the Establishment of Competition and Reward Councils at all Levels in the Industry and Trade Sector

1. The Minister decides on the establishment of the Competition and Reward Council of the Ministry.

2. The head of agencies and units under the Ministry that have separate accounts, seals, and legal personality decides on the establishment of the Competition and Reward Council of their respective agencies and units.

Article 24. Composition of Competition and Reward Councils at all Levels in the Industry and Trade Sector

1. The composition of the Competition and Reward Council of the Ministry shall be implemented according to Decision No. 1358/QĐ-BCT dated March 5, 2008, of the Minister of Industry and Trade.

2. The composition of the Competition and Reward Council of agencies and units with separate accounts, seals, and legal personality includes:

a) The Chairman is the Head of the agency or unit;

b) Deputy Chairperson is the Chairman of the Trade Union of the agency or unit;

c) Standing Members include the Director of the Office, Head of Administrative, Organization, or Comprehensive Department, or individuals responsible for competition and reward work of the agency or unit;

d) Members include representatives from the Party Committee, Ho Chi Minh Communist Youth Union, Heads of departments, specialized units appointed by the head of the agency or unit based on the principle of having 3, 5, 7, 9, or 11 members.

Article 25. Principles of Operation, Tasks, and Authorities of Competition and Reward Councils at all Levels

1. Competition and Reward Councils at all levels assist the heads of agencies and units at the same level in competition and reward work, operate according to the principle of democratic centralism and majority voting. In cases where the opinions of Competition and Reward Council members are evenly divided, the opinion of the Council Chairperson is decisive.

2. The principles of operation, tasks, and specific authorities of the Competition and Reward Council of the Ministry are implemented according to the Regulation on the Operation of the Competition and Reward Council of the Ministry of Industry and Trade issued together with Decision No. 2033/QĐ-BCT dated March 31, 2008, of the Minister of Industry and Trade.

3. The principles of operation, specific tasks, and authorities of the Competition and Reward Council of agencies and units are stipulated by the head of the agency or unit without contravening the Regulation on the Operation of the Competition and Reward Council of the Ministry.

Chapter VI

ANNOUNCEMENT OF REWARD RESULTS, STORAGE OF AWARD FILES, USE OF COMPETITION AND REWARD FUNDS

Article 26. Announcement of Reward Results

1. For collectives and individuals meeting the criteria for rewards and who have been decided upon by the competent authority to receive rewards, the agency reviewing the file must announce the result in writing to the proposing unit within a period not exceeding ten (10) days from the date of the reward decision.

2. For cases where the criteria for rewards are not met, the reviewing agency must announce the result in writing (with clear reasons stated) to the proposing unit within the time limit of ten (10) days as specified in Clause 1 of this Article.

3. In cases where the file is submitted out of the prescribed channel, the reviewing agency must announce the result in writing and return the file within a period not exceeding three (3) days from the date of receipt of the file to the proposing unit.

Article 27. Archiving Commendation Files

1. The Commendation Councils at all levels shall be responsible for archiving commendation files of their respective levels according to regulations to record achievements of generations for the revolutionary cause of the Party and the nation, educate traditions, build agencies and units, and serve the purpose of searching, handling complaints and petitions from citizens or confirming eligibility for policy beneficiaries when requested.

2. Commendation files must be handed over to the agency or unit's archives when the storage period expires as prescribed by law.

Article 28. Management and Use of Incentive and Commendation Funds

1. The incentive and commendation fund of the Ministry shall be implemented according to Clause 1 of Article 66 of Decree No. 121/2005/NĐ-CP; Circular No. 73/2006/TT-BTC dated August 15, 2006 of the Ministry of Finance guiding the establishment, management, and use of the incentive and commendation fund under Decree No. 121/2005/NĐ-CP.

2. The Ministry of Industry and Trade encourages individuals and collectives both within and outside the industry to support and contribute to supplementing the annual incentive and commendation fund of the Ministry.

3. The incentive and commendation fund of the Ministry shall be used to pay monetary rewards to individuals and collectives under the Ministry according to commendation decisions. At the end of the year, the remaining balance in the fund shall be transferred to the next year for continued use in incentive and commendation activities.

4. The specific amount of monetary rewards accompanying commendation titles and forms of commendation shall be implemented according to Articles 69 to 74 of Decree No. 121/2005/NĐ-CP.

5. The incentive and commendation fund of the Ministry shall be managed by the Department of Incentive and Commendation; the incentive and commendation funds of agencies and units with separate accounts and seals shall be used to pay monetary rewards to individuals and collectives under the agency or unit that have been commended.

Chapter VII

INSPECTION, VIOLATION HANDLING, COMPLAINT AND ACCUSATION RESOLUTION

Article 29. Inspection of Incentive and Commendation Activities

1. The Department of Incentive and Commendation shall assist the Ministry’s Incentive and Commendation Council in inspecting incentive and commendation activities at agencies and units within the industry.

2. Heads of agencies and units shall be responsible for inspecting incentive and commendation activities at agencies and units under their management.

Article 30. Handling Violations and Resolving Complaints and Allegations

1. Individuals or collectives who falsify information about achievements to obtain commendation shall have their commendation decisions revoked, and any awards and monetary rewards received shall be reclaimed; depending on the nature and severity of the violation, they may be subject to disciplinary action, administrative penalties, or criminal prosecution, and if damage is caused, they must compensate according to regulations.

2. Heads of agencies or organizations who certify false information or forge files for others to request commendation shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to regulations.

3. The resolution of complaints and allegations regarding incentive and commendation activities shall be carried out according to Article 98 of the Law on Incentive and Commendation and according to the relevant laws on complaints and allegations.

4. The Department of Incentive and Commendation shall be responsible for receiving, resolving complaints and allegations regarding incentive and commendation activities within its jurisdiction and coordinating with the Ministry's Inspectorate and related units to investigate, verify, and report to the Chairman of the Ministry’s Incentive and Commendation Council and the leadership of the Ministry of Industry and Trade for consideration and decision.

Chapter VIII

IMPLEMENTATION

Article 31. Reporting on Competition and Reward Work

1. Annually in the fourth quarter, agencies and units under the Ministry of Industry and Trade, provincial and municipal Departments of Industry and Trade shall summarize and evaluate incentive and commendation activities, assess commendations for the year, and submit reports to the Ministry of Industry and Trade no later than December 15.

2. Training institutions under the Ministry of Industry and Trade shall summarize and evaluate incentive and commendation activities, assess commendations for the year, and submit reports to the Ministry of Industry and Trade no later than August 10.

3. Agencies and units in the industry that launch competition movements and after each competition period, shall be responsible for summarizing, evaluating, assessing competitions, and submitting reports to the Ministry of Industry and Trade.

Article 32. Effectiveness

1. This Circular shall take effect 45 days from the date of issuance and replace Decision No. 04/2007/QĐ-BTM dated January 31, 2007 of the Ministry of Trade on the issuance of the Regulation on Incentive and Commendation in the Trade Sector and the regulatory legal documents of the Ministry of Industry on incentive and commendation activities in the Industry Sector.

2. The Ministry’s Incentive and Commendation Council shall direct the implementation of this Circular.

3. The Department of Incentive and Commendation shall be responsible for monitoring, urging, and inspecting the implementation of this Circular and based on the actual situation of the competition movement annually, study and propose reasonable quantities and ratios of commendations for the Minister to consider and decide.

4. Heads of agencies and units shall organize the implementation of this Circular and specifically formulate standards suitable for the operational conditions of their agencies and units.

5. During the implementation of this Circular detailing the implementation of incentive and commendation activities in the Industry and Trade sector, if there are difficulties or inconsistencies, heads of agencies and units under the Ministry, Directors of Provincial and Municipal Departments of Industry and Trade shall reflect to the Ministry of Industry and Trade for research, supplementation, and amendment./.