Decision No. 27/2005/QD-BGD Issuing the Regulation on Granting the Commemorative Medal "For the Education Cause"

DECISION OF THE MINISTER OF EDUCATION AND TRAINING

Issuing the Regulation on Awarding the Commemorative Medal "For the Education Cause"

"For the Education Cause"

THE MINISTER OF EDUCATION AND TRAINING

Pursuant to the Law on Competition and Reward No. 15/2003/QH11 dated November 26, 2003;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 85/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Education and Training;

Pursuant to Decision No. 26/2005/QĐ-BGD&ĐT dated August 29, 2005 of the Minister of Education and Training promulgating the Commemorative Medal "For the Education Cause";

At the proposal of the Director of the Office,

DECISION:

Article 1. This Decision annexes the Regulation on Awarding the Commemorative Medal "For the Education Cause".

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 1708/GD-ĐT dated May 19, 1995 of the Minister of Education and Training on the issuance of the Regulation on Awarding the Medal "For the Education Cause".

Article 3. The Heads of the Office, Heads of units under the Ministry, organizations directly subordinate to the Ministry, Directors of Departments of Education and Training, Directors of universities and academies, Principals of universities, colleges, and vocational high schools, and Heads of educational institutions under the national education system are responsible for implementing this Decision.

REGULATIONS

REGULATION ON AWARDING THE COMMEMORATIVE MEDAL "FOR THE EDUCATION CAUSE"

(Annexed to Decision No. 27/2005/QĐ-BGD&ĐT dated August 29, 2005)

of the Minister of Education and Training)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Regulation stipulates the recipients, criteria, and procedures for awarding the Commemorative Medal "For the Education Cause".

Article 2. The Commemorative Medal "For the Education Cause" (hereinafter referred to as the Commemorative Medal) is a form of reward by the Minister of Education and Training to recognize the contributions of individuals to the education and training cause of the country.

3. The Commendation Medal shall not be awarded to individuals whose titles of People's Public Security members have been revoked; who are under criminal investigation; who are placed in compulsory educational facilities; or individuals collaborating with the People's Public Security Force but were dismissed due to betrayal or violations of unit management regulations.

Clause 1. The Commemorative Medal is awarded only once to an individual and there is no posthumous award.

Clause 2. The awarding of the Commemorative Medal must be carried out in accordance with the objects, criteria, and procedures specified in this Regulation, ensuring principles of fairness, democracy, and transparency.

Clause 3. Individuals awarded the Commemorative Medal shall receive it pursuant to the Decision of the Minister of Education and Training.

Clause 4. Individuals who have been awarded the Medal "For the Education Cause" issued according to Decision No. 1707/GD-ĐT dated May 19, 1995 of the Minister of Education and Training shall not be eligible for the Commemorative Medal under this Regulation.

Chapter II

ELIGIBILITY AND CRITERIA FOR GRANTING THE COMMEMORATIVE MEDAL

Article 3. Recipients of the Commemorative Medal

Clause 1. The Commemorative Medal is awarded to officials, civil servants, teachers, and staff working in the education sector, including:

Point a) Officials, civil servants, teachers, and staff working in universities, schools, academies, research institutes, and educational institutions under the national education system, at management and guidance agencies, educational research agencies, and direct service units within the education sector;

Point b) Officials, civil servants, teachers, and staff who worked in universities, schools, academies, research institutes, and educational institutions under the national education system, at management and guidance agencies, educational research agencies, and direct service units within the education sector, but have retired or left their positions according to state regulations;

Point c) Officials, civil servants, teachers, and staff who worked in universities, schools, academies, research institutes, and educational institutions under the national education system, at management and guidance agencies, educational research agencies, and direct service units within the education sector, but have transferred to work in other sectors.

Clause 2. Individuals outside the education sector who have made significant contributions to the education and training cause.

Clause 3. Individuals who are overseas Vietnamese and foreigners who have made outstanding contributions to the education and training cause of Vietnam.

Article 4. Criteria for awarding the Commemorative Medal

1. For individuals falling under the subject specified in Clause 1, Article 3 of this Regulation:

a) The individual must have worked in the education sector for at least twenty years and completed assigned tasks satisfactorily;

b) The individual who is a Hero of Labor, National Model Worker, People's Teacher, Distinguished Teacher, or has a scientific research project serving the education and training cause that won the Ho Chi Minh Prize or State Prize shall be proposed for the awarding of the Commemorative Medal immediately upon receipt of the commendation decision;

c) Cases where the awarding time is earlier than stipulated in point a, Clause 1 of this Article include:

- For individuals working in particularly difficult areas as defined by competent state agencies, the actual working time in such areas shall be multiplied by a factor of 1.5 to calculate the working time in the education sector.

- For individuals who have worked in the education sector and achieved the title of "Model Worker at the grassroots level" or "Excellent Teacher at the grassroots level", the time spent achieving these titles shall be multiplied by a factor of 1.5 to calculate the working time in the education sector.

- For individuals who have worked in the education sector and achieved the title of "Model Worker" or "Excellent Teacher" at the central ministry, department, provincial, or centrally governed city level, the time spent achieving these titles shall be multiplied by a factor of 2.0 to calculate the working time in the education sector.

d) Individuals currently working in the education sector who were sent to study or perform military service and then continued to work in the education sector shall have their study or military service time counted towards their working time in the education sector for the purpose of awarding the Commemorative Medal;

đ) Individuals who meet the working time requirement stipulated in point a, Clause 1 of this Article but have been disciplined from a reprimand to below dismissal, can only be considered for the awarding of the Commemorative Medal two years after the date of the disciplinary clearance decision. Disciplinary time is not counted towards the awarding of the Commemorative Medal.

e) Individuals who have been dismissed, criminally prosecuted, or involved in criminal cases without a conclusion from competent state agencies shall not be considered for the awarding of the Commemorative Medal.

2. For individuals falling under the subject specified in Clause 2, Article 3 of this Regulation, they must meet one of the following criteria:

a) Individuals who have held key leadership positions in the Party, government, or mass organizations for at least one term, with significant contributions to the leadership and guidance directly supporting the development of the education sector;

b) Individuals whose scientific research projects have won the Ho Chi Minh Prize or State Prize, with practical value serving the education cause;

c) Individuals who have made meritorious contributions to building and financially supporting the material infrastructure of the education sector, confirmed by the Department of Education and Training or educational management agencies.

3. For individuals falling under the subject specified in Clause 3, Article 3 of this Regulation, they must have made positive contributions to the construction and development of the national education and training cause, strengthened friendly relations and cooperation between the Vietnamese education sector and other countries and international organizations.

Chapter III

PROCEDURE FOR PROPOSING THE AWARDING OF THE COMMENDATION MEDAL

Article 5. Procedure for awarding Commemorative Medal to individuals falling within the category specified in Clause 1 of Article 3 of this Regulation

1. Have a summary of achievements (according to Model 2A).

2. Schools and units under the Department of Education and Training shall collect, confirm individual files, compile lists. The Competition and Reward Council of the unit shall base on the criteria to examine, prepare files to be sent to the Department of Education and Training.

3. The Department of Education and Training of districts, towns, cities directly under provinces (hereinafter referred to collectively as district level) shall collect files. The Competition and Reward Council shall base on the criteria to examine, prepare files to be sent to the Provincial Department of Education and Training.

4. Principals of schools, Heads of units and educational establishments, cities directly under provinces shall collect, confirm individual files. The Competition and Reward Council of the unit shall base on the criteria to examine, prepare files to be sent to the Provincial Department of Education and Training.

5. The Provincial Department of Education and Training of centrally governed municipalities (hereinafter referred to collectively as provincial level) shall receive files from district-level education and training departments and schools and units directly under the province. The Competition and Reward Council shall base on the criteria to review, keep files, compile lists of individuals meeting the criteria, prepare documents to be sent to the Ministry of Education and Training.

6. Universities, academies, institutes, schools, units directly under the Ministry of Education and Training shall collect, confirm individual files for the Competition and Reward Council of the unit to base on the criteria to review, compile lists of individuals meeting the criteria, prepare files to be sent to the Ministry of Education and Training.

7. Academies, universities, colleges, vocational high schools, educational establishments under various Ministries, sectors, and national universities shall receive individual files, confirm, collect files for the Competition and Reward Council of the unit to review, compile lists of individuals meeting the criteria, report to the competent Ministries, sectors, and national universities. Competent Ministries, sectors, and national universities shall compile lists of individuals meeting the criteria, prepare documents (with attached files) to be sent to the Ministry of Education and Training.

8. Individuals falling within points b and c of Clause 1 of Article 3 who meet the criteria stipulated in Clause 1 of Article 4 of this Regulation shall submit individual files at their respective agencies or organizations. Heads of agencies or organizations shall be responsible for receiving individual files, preparing documents to be sent to the agency or organization designated in Clauses 2, 3, 4, 5, 6, and 7 of this Article. In cases where the agency or organization has been dissolved, the agency or organization succeeding the functions and tasks of the previous agency or organization, or the superior agency shall prepare the file and submit a request for award.

Article 6. Procedure for awarding Commemorative Medal to individuals falling within the category specified in Clause 2 of Article 3 of this Regulation

1. Have a summary of achievements (according to Model 2B).

2. The Provincial Department of Education and Training shall collect, confirm files, compile lists of individuals meeting the criteria stipulated and proposed by educational institutions, report to the Standing Committee of the Competition and Reward Council of the province or centrally governed municipality, prepare documents (with attached files) to be sent to the Ministry of Education and Training.

3. Universities, academies, colleges, units directly under the Ministry of Education and Training shall prepare files, lists of individuals meeting the criteria (if any), prepare documents (with attached files) to be sent to the Ministry of Education and Training.

4. Academies, universities, colleges, vocational high schools, educational establishments under various Ministries, sectors, and national universities shall prepare files of individuals meeting the criteria (if any), collect files, report to the competent Ministries, sectors, and national universities. Competent Ministries, sectors, and national universities shall compile lists, prepare documents (with attached files) to be sent to the Ministry of Education and Training.

5. For individuals who are Vietnamese working abroad, in addition to the procedures prescribed above in this Article, depending on the specific category, must be recommended by one of the following agencies: diplomatic representative offices, local party committees, Overseas Vietnamese Committee, or the Party Cadre Delegation Abroad.

Article 7. The procedure for awarding Commemorative Medals to individuals falling within the category specified in Clause 3 of Article 3 of this Regulation.

1. The Department of Education and Training shall prepare the dossier and submit a report seeking the opinion of the Provincial People's Committee, then send a request letter to the Ministry of Education and Training.

2. Units under the Ministry of Education and Training shall prepare the dossier and send a request letter to the Ministry of Education and Training.

3. Training management agencies of Ministries, sectors, and national universities shall prepare the dossier, and the main ministry or national university shall issue a request letter to be sent to the Ministry of Education and Training.

4. The Department of International Cooperation (Ministry of Education and Training) shall be responsible for reviewing, seeking the opinions of the Ministry of Foreign Affairs and the Ministry of Public Security, coordinating with the Standing Board of the Ministry’s Competition and Reward Council to inspect and complete the dossier, and submitting it to the Minister for decision.

Article 8. For revolutionary teachers, teachers who served in B, C, K areas during the period from 1954 to 1975, and other special cases, the Standing Board of the Sector’s Competition and Reward Council shall be responsible for proposing, preparing the dossier, and submitting it to the Minister of Education and Training for review and decision.

Chapter IV

Dossier for Requesting CONSIDERATION FOR AWARDING COMMENDATION MEDALS

Article 9. Documents for requesting to be considered for the Commendation Medal

1. Dossier for requesting consideration for awarding Commemorative Medals for individuals falling within the category specified in Clause 1 of Article 3 of this Regulation.

a) Individual dossier:

- Summary of individual achievements (according to Form 2A), clearly written without erasures;

- Copies of decisions (or certificates) recognizing achievement awards.

b) School dossier for requesting the Department of Education and Training:

- Request letter (according to Form 1C);

- List of individuals proposed for awarding Commemorative Medals (according to Form 3A);

- Dossier of individuals proposed for awarding Commemorative Medals.

c) Department of Education and Training dossier for requesting the Ministry of Education and Training:

- Request letter (according to Form 1B);

- List of individuals proposed for awarding Commemorative Medals (according to Form 3A);

- Dossier of individuals proposed for awarding Commemorative Medals.

d) Department of Education and Training dossier for requesting the Ministry of Education and Training:

- Request letter (according to Form 1A);

- List of individuals proposed for awarding Commemorative Medals (according to Form 3A) and a floppy disk containing this list in Vntime font, Microsoft Word format.

đ) Dossier of universities, academies, institutes, schools, and units under the Ministry of Education and Training for requesting the Ministry of Education and Training:

- Request letter (according to Form 1A);

- List of individuals proposed for awarding Commemorative Medals (according to Form 3A) and a floppy disk containing this list in Vntime font, Microsoft Word format;

- Dossier of individuals proposed for awarding Commemorative Medals.

e) Dossier of Ministries, sectors, national universities for requesting the Ministry of Education and Training:

- Request letter (according to Form lA);

- List of individuals proposed for awarding Commemorative Medals (according to Form 3A) and a floppy disk containing this list in VnTime font, Microsoft Word format.

2. Dossier of Ministries, sectors, national universities, Departments of Education and Training for requesting the Ministry of Education and Training to consider awarding Commemorative Medals for individuals falling within the category specified in Clause 2 of Article 3 of this Regulation:

a) Request letter (according to Form 1A);

b) List of individuals proposed for awarding Commemorative Medals (according to Form 3A) and a floppy disk containing this list in VnTime font, Microsoft Word format;

c) Dossier of individuals proposed for awarding Commemorative Medals, including individual achievements (according to Form 2B);

For individuals who are Vietnamese working abroad, in addition to the dossier required under Clauses 1 and 2 of this Article, there must also be an opinion from one of the following agencies: diplomatic representative office, local party committee, Overseas Vietnamese Committee, or the Party Cadre and Civil Servants' Organization outside the country.

3. Dossier for requesting the Ministry of Education and Training to consider awarding Commemorative Medals for individuals specified in Clause 3 of Article 3 of this Regulation includes:

a) Request letter (according to Form 1A);

b) Brief curriculum vitae and achievements of the individual (according to Form 2C);

c) Opinions of the Ministry of Foreign Affairs and the Ministry of Public Security.

Article 10. Time for submission of application files for the Best Service Award

1. The Best Service Award shall be considered for grant annually on the occasion of Teachers' Day (November 20).

2. Annually, universities, academies, schools, agencies, units, and organizations under the Ministry of Education and Training, Departments of Education and Training, ministries, sectors, national universities shall prepare and submit their application files to the Ministry of Education and Training before August 15. The Office of the Ministry of Education and Training, as the permanent body of the Ministry's Commendation Council, shall be responsible for receiving, examining the application files, and submitting them to the Minister of Education and Training for a decision to grant the Best Service Award.

3. For individuals falling within the categories specified in Clauses 2 and 3 of Article 3 of this Regulation and other special cases, it is not necessarily required to follow the provisions herein.

Chapter V

HANDLING VIOLATIONS AND COMPLAINTS REGARDING THE BEST SERVICE AWARD

REMEMBRANCE CHAPTER

Article 11. Handling violations concerning the Best Service Award

1. Any individual who reports inaccurately about the criteria set forth for being considered for the Best Service Award shall have the award and certificate revoked.

2. The Commendation Council of the education sector shall be responsible for reviewing and submitting to the Minister of Education and Training for a decision to revoke the Best Service Award.

Article 12. Resolving complaints regarding the Best Service Award

The procedures, formalities, deadlines, and authority for complaints regarding the Best Service Award shall be carried out in accordance with the law on complaints./.