Consolidated Document number 3/VBHN-BNV detailing the implementation of certain provisions of Decree No. 91/2017/NĐ-CP dated July 31, 2017 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards.

CIRCULAR

DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE GOVERNMENT DECREE NO. 91/2017/NĐ-CP OF JULY 31, 2017 ON DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON COMPETITION AND REWARD

Circular No. 12/2019/TT-BNV dated November 4, 2019 of the Ministry of Home Affairs detailing implementation of certain provisions of Government Decree No. 91/2017/NĐ-CP dated July 31, 2017 on detailing implementation of certain provisions of the Law on Competition and Reward, which took effect from January 1, 2020, was partially revoked by:

Circular No. 5/2020/TT-BNV dated November 9, 2020 of the Minister of Home Affairs revoking Clause 7, Article 2 of Circular No. 12/2019/TT-BNV dated November 4, 2019 of the Minister of Home Affairs detailing implementation of certain provisions of Government Decree No. 91/2017/NĐ-CP dated July 31, 2017 on detailing implementation of certain provisions of the Law on Competition and Reward, which took effect from November 9, 2020.

Pursuant to Clause 3, Article 80 of Government Decree No. 91/2017/NĐ-CP dated July 31, 2017 of the Government detailing implementation of certain provisions of the Law on Competition and Reward;

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

At the proposal of the Head of the Central Steering Committee for Competition and Reward;

The Minister of Home Affairs issues this Circular detailing implementation of certain provisions of Government Decree No. 91/2017/NĐ-CP dated July 31, 2017 of the Government detailing implementation of certain provisions of the Law on Competition and Reward[1].

Article 1. Explanation of terms and abbreviations

1. Explanation of Terms

a) National-level reward forms include: Orders; Medals; national honorary titles; Ho Chi Minh Prize, State Prize; Certificates of Merit from the Prime Minister.

b) National-level competition titles include: Flag of Excellence of the Government, National Model Competitor.

c) Small group refers to a small-sized group at the grassroots level, consisting of several individuals working together on a specific task (team, squad, production workshop; department, ward within a district hospital, provincial hospital; platoon within the People's Armed Forces; team within the police force at the district level...).

2. Abbreviations for terms

a) Ministries, agencies equivalent to ministries, government agencies; Supreme People's Court, Supreme People's Procuracy, Office of the National Assembly, Office of the President, Party Central Committee Office, Central Party Committees and equivalent bodies at the central level, State Audit Agency; Vietnam Fatherland Front and central-level mass organizations (abbreviated as Ministries, Committees, Agencies, Provinces).

b) Ministers, Heads of agencies equivalent to ministries, government agencies, Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy, Director of the Office of the National Assembly, Director of the Office of the President, Secretary-General of the Party Central Committee Office, Heads of Central Party Committees and equivalent bodies at the central level, Auditor General, Chairman of the Central Vietnam Fatherland Front and Heads of central-level mass organizations, Chairmen of provincial people's committees under centrally-administered cities (abbreviated as Heads of Ministries, Committees, Agencies, Provinces).

c) Provincial People's Committee under centrally-administered cities (abbreviated as Provincial People's Committee).

d) District, urban district, town under province, centrally-administered city (abbreviated as District People's Committee).

e) Commune, ward, town People's Committee (abbreviated as Commune People's Committee).

f) Flag of Excellence of Ministries, Committees, Agencies, Mass Organizations at the central level, Certificate of Merit of Ministries, Committees, Agencies, Mass Organizations at the central level, Model Competitor of Ministries, Committees, Agencies, Mass Organizations at the central level (abbreviated as Flag of Excellence of Ministries, Certificate of Merit of Ministries, Model Competitor of Ministries).

g) Flag of Excellence of Provinces under centrally-administered cities, Certificate of Merit of Provinces under centrally-administered cities, Model Competitor of Provinces under centrally-administered cities (abbreviated as Flag of Excellence of Provinces, Certificate of Merit of Provinces, Model Competitor of Provinces).

h) Government Decree No. 91/2017/NĐ-CP dated July 31, 2017 detailing implementation of certain provisions of the Law on Competition and Reward (abbreviated as Decree No. 91/2017/NĐ-CP).

Article 2. General Provisions on Awards

1. For national-level award forms, the assessment, recognition of achievements, and recommendation for awards to higher authorities shall be carried out and the responsibility borne before the law by the Head of the ministry, agency, sector, province.

For award forms within the authority of ministries, agencies, sectors, provinces, the assessment and recognition of the level of outstanding completion of tasks and the scope of influence of achievements shall be defined by the ministries, agencies, sectors, provinces.

2. The Head of the ministry, agency, sector, province with the authority to grant awards or recommend awards to higher authorities shall have the responsibility to publicly announce the collective bodies and individuals recommended for awards such as Orders, honorary titles of the State, "Ho Chi Minh Award," "State Award," and the title of "National Model Worker" through information means under their management: electronic portal, magazine, industry/provincial newspaper, prior to the meeting of the Commendation and Award Council at the ministry, agency, sector, provincial level to consider granting awards.

Opinions from the public obtained through information means and the results of processing information (including complaints and denunciations if any) must be reported to the Commendation and Award Council at the ministry, agency, sector, provincial level before making a decision to grant awards or recommending awards to higher authorities.

3. The form and grade of awards must be commensurate with the achieved achievements. Attention should be given to rewarding exemplary collectives and individuals in the movement of competition and emulation; ethnic minorities, border areas, islands, mountainous regions, remote areas, and individuals with many innovations in labor, study, and work.

4. Reports on achievements of collectives and individuals recommended for awards must be consistent with the prescribed form and grade of awards. In the report, it must clearly state the number of decisions, date, month, year recognized for outstanding completion of tasks of the recommended collective and individual by the competent authority; the number of decisions, date, month, year recognized for inventions and research topics.

For awards based on merit and achievements: Reports on achievements of collectives and individuals recommended for awards shall be calculated up to six months before the ministry, agency, province submits to the Prime Minister. Beyond this period, the Central Competition and Award Board will not accept award submission files.

Ministries, agencies, provinces submit award files to the Prime Minister in paper form simultaneously sending electronic documents via the "Electronic File Management System for Awards" software. The award file will only be accepted when the Central Competition and Award Board receives both paper and electronic documents in accordance with regulations.

5. Only the results of awards based on merit and achievements shall serve as the basis for considering awards or recommending awards to higher authorities. Results of periodic (specialized) awards are recorded and prioritized when considering awards or recommending awards to higher authorities.

No awards or recommendations for awards shall be made to collectives and individuals during the time the competent authority is examining disciplinary actions or conducting investigations, inspections, verifications when there are signs of violations or complaints and denunciations are being verified.

6. The time for recommending the next award is calculated based on the achievement period recorded in the previous award decision. For an award decision without a specified time, the recommendation for the next award is calculated based on the issuance date of the previous award decision.

7.[2] (Repealed)

8. The time for considering commendation titles and award forms for collectives and individuals in the education and training sector such as Departments of Education and Training of provinces and centrally-administered cities, Districts of Education and Training of districts, towns, and cities under provinces and centrally-administered cities shall be considered after the end of the school year.

9. When awarding collectives and individuals who are not under organizational, cadre, salary fund management, ministries, agencies, provinces shall only grant award forms within their authority and not recommend national-level awards. For specialized topic awards, they shall follow the provisions of Clause 3, Article 4 of this Circular.

10. National-level awards shall not be recommended when ministries, agencies, provinces conduct mid-term or final reviews of the implementation of laws, ordinances, decrees, or serve international, regional conferences, seminars, forums...

Article 3. On the form of rewards

1. The competent authority bases on the object, functions, tasks assigned and achievements reached by collectives and individuals to grant rewards or propose higher authorities to grant appropriate forms of reward.

2. Multiple forms of rewards shall not be granted for one achievement. Collectives and individuals meeting the criteria for a certain form and level of reward shall be considered and proposed to the competent authority to grant that form and level of reward, without proposing rewards exceeding the level.

For collectives and individuals with outstanding and exceptional achievements, the head of ministries, sectors, agencies, provinces shall grant rewards within their authority; in cases of outstanding and exceptional achievements with significant impact in their respective fields, they shall propose national-level rewards.

3. In one year, no more than two forms of national-level rewards shall be proposed for examination and granting to one collective or one individual (except for exceptional rewards; rewards for long-term dedication; rewards according to service years).

Article 4. On organizing mass competitive movements in phases (specialized topics) within the scope of ministries, sectors, agencies, provinces

1. When organizing mass competitive movements in phases (specialized topics) within the scope of ministries, sectors, agencies, provinces lasting three years or longer, the specialized agency responsible for competition and reward work at the ministry, sector, agency, province level shall send the plan for organizing and launching the mass competitive movement to the Central Steering Committee for Competition and Reward for monitoring and summarizing.

2. The head of ministries, sectors, agencies, provinces when summarizing and concluding mass competitive movements in phases (specialized topics) within the scope of ministries, sectors, agencies, provinces shall implement rewards within their authority. Ministries, sectors shall not propose national-level rewards for objects not under their direct professional management.

3. When summarizing and concluding mass competitive movements lasting three years or longer, ministries, sectors, provinces shall grant rewards within their authority.

For mass competitive movements lasting three years or longer, select collectives and individuals with outstanding and exemplary achievements to propose the Prime Minister award Certificates of Merit; for movements lasting five years or longer, select collectives and individuals with particularly outstanding achievements to propose the Prime Minister examine and submit to the State President for awarding Labor Medals, Third Class. Before proposing rewards, ministries, sectors, provinces must coordinate with the Central Steering Committee for Competition and Reward to guide according to regulations.

Article 5. Content of organizing mass competitive movements

The heads of agencies, organizations, and units are responsible for organizing competitive motivation movements within their management scope according to the following contents:

1. Organize mass competitive movements in conjunction with the political tasks of agencies, units, organizations. Competitive movements must have themes, memorable and understandable names, specific and practical targets, contents, plans, methods of competition suitable to the conditions and capabilities of participation of collectives and individuals.

2. Implement various measures to publicize and mobilize cadres, civil servants, public officials, and workers to participate. Regularly urge, monitor the implementation process; focus on guiding, inspecting competitive movements with long durations; identify new factors, advanced examples to publicize, promote widely. Summarize, conclude, and reward collectives and individuals with achievements in competitive movements. Strengthen the dissemination of innovative ideas, experiences, effective practices for everyone to learn from.

3. Concluding competitive movements must accurately assess results, effectiveness, impacts; shortcomings, limitations, and causes; while drawing lessons learned in organizing competitive movements. Democratic, objective, transparent evaluation and recognition of commendation titles and rewards for outstanding and exemplary collectives and individuals.

Article 6. On Recognizing the Scope of Influence and Effectiveness of Application of Inventions and Research Topics for the Basis of Awarding Merit Titles and Forms of Reward

1. The examination and recognition of inventions shall be carried out by ministries, sectors, provincial authorities in accordance with Government Decree No. 13/2012/NĐ-CP dated March 2, 2012 on the Charter of Inventions and Circular No. 18/2013/TT-BKHCN dated August 1, 2013 of the Ministry of Science and Technology guiding the implementation of certain provisions of the Charter of Inventions issued pursuant to Government Decree No. 13/2012/NĐ-CP.

The assessment and recognition of the scope of influence and effectiveness of application of inventions for the basis of awarding merit titles and forms of reward shall be conducted by the Heads of agencies, organizations, and units with authority to examine and recognize.

2. The examination and acceptance of research topics shall be carried out in accordance with the Law on Science and Technology and detailed implementing regulations.

Research topics serving as the basis for awarding merit titles at various levels and rewards or recommending higher-level rewards are scientific topics that have been accepted at the level of achievement or above by agencies, organizations, and units with authority to accept.

The subjects recognized as having research topics serving as the basis for awarding merit titles and forms of reward are the Head of the Topic and those directly participating in researching the topic.

The recognition of the scope of influence and effectiveness of application of research topics shall be examined and recognized by the Heads of agencies, organizations, and units.

3. The Heads of agencies, organizations, and units shall base their decisions on the scope of influence and effectiveness of application of inventions and research topics to award merit titles to individuals. If the scope of influence and effectiveness is at the grassroots level, then the title "Grassroots Model Worker" shall be awarded; if at the ministry, sector, provincial level, then the title "Ministry, Sector, Provincial Model Worker"; if nationwide, then the title "National Model Worker" shall be recommended.

4. Based on the provisions regarding subjects, criteria, achievements obtained, and the scope of influence of inventions and research topics, the Heads of agencies, organizations, and units with authority to reward shall decide on rewarding forms or recommend higher-level rewards according to the stipulated regulations.

Article 7. Authority to Decide on Awarding the Title of "Advanced Laborer", "Grassroots Model Worker", "Advanced Labor Collective", "Advanced Unit", "Model Worker"

1. Officials, civil servants, public officials, and workers employed in state agencies and public service units directly under departments, sectors, and district levels shall be examined and submitted for approval by the heads of employing agencies, organizations, and units to the directors of departments, sectors, and provincial levels; the Chairpersons of People's Committees at the district level shall make decisions within their authority.

2. Workers and worker collectives working in limited liability companies, joint-stock companies, foreign joint ventures; cooperatives in agricultural, small-scale handicraft, transportation, service, trade...sectors shall be examined and decided upon by the Chairpersons of Management Councils, Chairpersons of Member Councils, General Directors, Directors of enterprises and cooperatives directly managing them.

Article 8. Granting the Flag of Excellence Competition at the Ministry, Sector, Provincial Level

1. Ministries, sectors, provinces shall base their guidelines from the Central Steering Committee for Mobilization and Rewards and actual conditions to issue regulations on organizing competition clusters and groups to suitably fit the situation.

2. Ministries, sectors, provinces organizing competitions in clusters and groups shall consider and decide to grant the Flag of Excellence Competition to outstanding and leading collectives in competition clusters and groups.

Central ministries and sectors shall examine and award the Flag of Excellence or Commendation Certificate at the ministry level to specialized agencies of provinces participating in competition clusters and groups organized by central ministries and sectors.

Provincial People's Committees shall examine and award the Flag of Excellence or Commendation Certificate at the provincial level to collectives and individuals of central ministries and sectors participating in competition clusters and groups organized by the province.

3. The granting of the Flag of Excellence by the Government shall be implemented in accordance with Clause 1, Article 11 of Government Decree No. 91/2017/NĐ-CP. Ministries, sectors, provinces shall not issue Decisions to grant the Flag of Excellence at the ministry, sector, provincial level to collectives meeting the criteria for the Flag of Excellence granted by the Government.

Article 9. Commendation for outstanding and exceptionally excellent achievements

1. Outstanding and exceptionally excellent achievements recognized at the regional or global level are those that have been awarded medals, awards, certificates of recognition, and other lawful forms of recognition by agencies or organizations at the regional or global level, in accordance with Vietnamese law and officially acknowledged by competent Vietnamese state authorities.

2. Ministries, sectors, provincial bodies that have collectives or individuals achieving outstanding and exceptionally excellent achievements shall promptly complete their files based on regulations, actual circumstances, and the scope of influence, and submit them to the Prime Minister for consideration.

Article 10. Commendation for dedication; commendation for religious organizations and individuals; commendation for enterprises

1. Commendation for dedication.

a) Ministries, sectors, provinces shall submit to the Prime Minister for review and to the President for commendation for dedication for individuals meeting the required conditions and standards upon announcement of retirement.

b) The Central Steering Committee for Competitions and Rewards shall seek opinions from the Central Party Organization Committee and the Central Inspection Commission regarding cadres managed by the Politburo and the Secretariat before submitting to the Prime Minister for review and to the President for commendation.

2. Commendation for religious organizations and individuals.

a) Commendation for central-level organizations of religious denominations shall be submitted by the state management agency for religions (Ministry of Home Affairs) to the Prime Minister.

b) Organizations and individuals belonging to religious denominations at the provincial or centrally-administered city level shall be submitted by the People's Committee of the province to the Prime Minister.

c) The Central Steering Committee for Competitions and Rewards shall seek opinions from relevant religious agencies; consider and submit to the Prime Minister for review and commendation, or submit to the Prime Minister for review and to the President for commendation.

3. Commendation for enterprises.

a) Proposals for commendation forms for enterprises subject to mandatory auditing under the State Audit Law and the Independent Audit Law must include an audit report from an authorized auditing agency within the five years prior to the commendation request. For enterprises not subject to mandatory auditing, the achievement report must specify the basis for not being subject to mandatory auditing.

For enterprises requesting to be awarded the "Flag of Government Competition" which are subject to auditing, they must provide an audit report (if there is no audit report, it should be submitted after obtaining the audit results and then proceed with commendation according to regulations).

b) Collectives and individuals working at the main office location of an enterprise shall be commended by the head of the enterprise or proposed for commendation by the Chairman of the People's Committee of the province where the main office is located, or proposed for commendation by a higher authority.

Branches of an enterprise that operate independently and fulfill obligations in a locality different from the main office location shall be commended by the head of the enterprise within their authority, or proposed for commendation by the Chairman of the People's Committee of the province where the business registration certificate or establishment and operation permit was issued, or proposed for commendation by a higher authority.

c) In cases where collectives and individuals of an enterprise contribute to a locality outside the main office location, the Chairman of the People's Committee of the province where the collective or individual achieved the accomplishment shall commend them within their authority.

Article 11. Responsibilities of the Commendation and Award Council at the Ministry Level and Provincial Level

1. The Commendation and Award Council at the Ministry Level and Provincial Level shall be responsible for assisting the Head to assess the scope of impact on the achievements of collectives and individuals nationwide; within the ministry, agency, province or within the industry or field under their management authority.

2. The permanent office of the Council shall be responsible for advising the Chairman of the Council to organize meetings of the Council. The Council shall convene when at least two-thirds of its members are present. The Chairman of the Council shall chair the meeting or delegate this responsibility to one Vice-Chairman of the Council. The Chairman of the Council shall vote like other members.

3. The permanent office of the Council shall seek opinions from absent members in writing, compile and report to the Chairman of the Council; complete the Minutes of the Council meeting and the award recommendation file in accordance with regulations.

Article 12. Professional Training

1. The Central Board of Competition and Reward:

a) Develop annual plans regarding the content and program of specialized training on competition and reward for civil servants and officials engaged in competition and reward work throughout the country.

b) Chair or coordinate with ministries, agencies, provinces to organize specialized training sessions on competition and reward.

2. Specialized agencies for competition and reward work:

a) Develop plans and contents of programs to organize training courses on specialized skills for civil servants and officials engaged in competition and reward work under their management authority.

b) Dispatch civil servants and officials engaged in competition and reward work under their management authority to fully participate in specialized training conferences organized by the Central Board of Competition and Reward.

Article 13. Effective Date

This Circular takes effect from January 1, 2020 and replaces Circular No. 08/2017/TT-BNV dated October 27, 2017 issued by the Minister of Home Affairs detailing certain provisions of Decree No. 91/2017/NĐ-CP.

Article 14. Implementation clause

1. Heads of central ministries, agencies; Chairmen of People's Committees of centrally governed cities shall be responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties, please reflect them to the Ministry of Home Affairs (through the Central Board of Competition and Reward) for research and guidance./.