Circular No. 38/2011/TT-BTNMT guiding the work of competition and reward in the natural resources and environment sector

CIRCULAR

Guidelines for Competition and Reward Work in the Natural Resources and Environment Sector

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Pursuant to the Law on Competition and Reward dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated June 14, 2005;

Pursuant to Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward;

Pursuant to Decree No. 25/2008/ND-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment; Decree No. 19/2010/ND-CP dated March 5, 2010 and Decree No. 89/2010/ND-CP dated August 16, 2010 of the Government amending and supplementing Decree No. 25/2008/ND-CP;

Pursuant to Decree No. 154/2004/ND-CP dated August 9, 2004 of the Government on State Ceremonies in organizing mass rallies, anniversaries; awarding and receiving State Honorary Titles, Orders, Medals, Flags of Merit of the Government, Certificates of Commendation of the Prime Minister;

Pursuant to Circular No. 02/2011/TT-BNV dated January 24, 2011 of the Ministry of Home Affairs guiding the implementation of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward;

Pursuant to Circular No. 71/2011/TT-BTC dated May 24, 2011 of the Ministry of Finance guiding the establishment, management, and use of the Competition and Reward Fund according to Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward;

The Ministry of Natural Resources and Environment guides competition and reward work in the natural resources and environment sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on certain contents regarding the subjects of competition and reward; launching competition movements, titles and standards for competition, forms and standards for rewards; decision-making authority, awarding procedures, application files for proposing to grant competition titles and rewards; Competition and Reward Councils at all levels; Groups and Clusters of Competition and Reward and the Competition and Reward Fund in the natural resources and environment sector.

Article 2. Applicability

1. Collectives and individuals working in the natural resources and environment sector from central to local levels with outstanding achievements in their work.

2. Collectives and individuals working outside the natural resources and environment sector with many achievements contributing to building and developing the natural resources and environment sector.

3. Collectives are foreign agencies and organizations; individuals are foreigners including foreigners working in Vietnam and Vietnamese living abroad with achievements contributing to the cause of building and developing the natural resources and environment sector in Vietnam.

4. Individuals who have worked in the natural resources and environment sector and have retired or transferred to other jobs in accordance with the provisions of the law.

Article 3. Principles of Competition and Reward

1. Competition principles and grounds for granting competition titles shall be implemented in accordance with Clause 1, Article 6 of the Law on Competition and Reward and Clause 2, Article 3 of Decree No. 42/2010/ND-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward (hereinafter referred to as Decree No. 42/2010/ND-CP).

2. Reward principles and grounds for granting rewards shall be implemented in accordance with Clause 2, Article 6 of the Law on Competition and Reward and Clause 2, Article 4 of Decree No. 42/2010/ND-CP.

3. Cases currently under disciplinary action or being considered for disciplinary action or having complaints or denunciations that have not been verified and clarified shall not be considered for reward proposals.

Article 4. Powers and responsibilities in the work of competition and reward

Implement according to Article 8, Article 9, and Article 10 of Decree No. 42/2010/NĐ-CP and the following provisions:

1. The Minister of Natural Resources and Environment shall initiate, direct competitions within the entire sector, decide on awarding commendation titles and reward forms within the scope of authority or submit to competent authorities for consideration and awarding of commendation titles and reward forms in accordance with the law, and be responsible for the competition and reward work within the natural resources and environment sector.

2. The Director of the Department of Competition and Reward shall advise, coordinate with relevant units and party organizations and mass organizations under the Ministry in proposing guidelines, contents, programs, plans, measures for organizing competitions; guide, urge, inspect, summarize, and conclude competitions and reward work; promote and widely disseminate exemplary models and good deeds and people in the sector; review competition and reward files submitted to the Ministry's Competition and Reward Council for consideration and submit to the Minister for awarding commendation titles and reward forms within the scope of authority or submit to competent authorities for consideration and awarding of commendation titles and reward forms in accordance with the law.

3. Heads of units under the Ministry and Directors of Provincial Departments of Natural Resources and Environment directly under the Central Government shall be responsible before the Minister for the competition and reward work of the units they are in charge of; actively coordinate with party organizations and mass organizations at the same level to organize the initiation and maintenance of regular competitions, award commendation titles and reward forms within the scope of authority or submit to competent authorities for consideration and awarding of commendation titles and reward forms in accordance with the law.

4. News agencies of the natural resources and environment sector have the responsibility to publicize competition and reward work; identify collectives and individuals with outstanding achievements in competitions, highlight exemplary models and good deeds and people, promote competitions, and combat and criticize violations of laws on competition and reward within the natural resources and environment sector.

5. Collectives and individuals proposed for consideration and awarding of commendation titles and reward forms must fully and promptly comply with regulations on procedures and deadlines for submitting reward application files in accordance with this Circular and related laws on competition and reward.

Article 5. Rights and obligations of collectives and individuals receiving rewards

1. Collectives and individuals awarded commendation titles and reward forms shall receive certificates, diplomas, frames, and monetary awards or commemorative gifts as prescribed; have the right to retain and display; collectives may use symbols of reward forms on unit documents and materials.

2. Collectives and individuals awarded commendation titles and reward forms by competent authorities have the obligation to preserve reward items, and shall not lease or lend them.

3. Continue to maintain and promote achieved results, contribute to inspiring patriotic competition movements, encourage collectives and individuals to strive and fulfill assigned tasks well, worthy of the awarded commendation titles and reward forms.

4. Individuals awarded the title "Outstanding Competitor in the Natural Resources and Environment Sector", the title "National Outstanding Competitor", and awarded Orders, State Honorary Titles, "Ho Chi Minh Prize", "State Prize" shall, in addition to being rewarded as prescribed, be prioritized for early salary promotion, priority for sending to study, research, work, and improve professional skills both domestically and internationally in accordance with current regulations.

5. Commendation titles and reward forms of individuals are one of the bases for evaluation, planning, appointment, and reappointment of cadres annually.

Chapter II

ORGANIZATION OF INITIATING COMPETITION MOVEMENTS, COMMENDATION TITLES, AND STANDARDS FOR COMMENDATION TITLES

Article 6. Forms and contents of organizing competitive movements

1. Forms and contents of organizing competition movements are implemented according to the provisions of Article 6 and Article 7 of Decree No. 42/2010/NĐ-CP and Point 1 of Section I of Circular No. 02/2011/TT-BNV.

2. Initiating, directing, and organizing competition movements

a) Annually, the Minister initiates and directs regular competitions, phased competitions, or thematic competitions within the entire sector.

b) Heads of ministries and units under the Ministry; Directors of Provincial Departments of Natural Resources and Environment directly under the Central Government shall base on the content of the competition movement initiated by the Ministry and specific conditions and characteristics of their units to develop plans and organize regular, phased, or thematic competition movements within the scope of their management.

c) Party organizations and mass organizations in units have the responsibility to closely cooperate with heads of units at the same level to mobilize members of their organizations to respond to competition movements, implement, and supervise the implementation of competition contents to ensure that competition movements achieve high quality and effectiveness.

Article 7. Registration of commendation titles and signing of competition agreements

1. Annually, after the Minister launches the competition movement, all agencies and units under the entire Sector shall be responsible for registering in writing the commendation titles specified in Article 8 of this Circular and sending them to the Ministry (through the Department of Competition and Rewards) before February 28 each year.

2. The Department of Competition and Rewards shall be responsible for compiling the competition registration of各单位；指导和督促各单位执行竞赛登记，并在每年3月15日前向部长提出建议并报请批准部级竞赛登记和向政府的登记。

3 ||| Based on the content of the annual competition movement launched by the Minister, the Groups and Clusters shall organize the signing of competition agreements and direct subordinate agencies and units to implement them.

Article 8. Titles and standards for commendation titles

1. Titles and standards for commendation for collectives include:

a) "Advanced Labor Collective" is awarded annually to collectives meeting the criteria stipulated in Article 28 of the Law on Competition and Rewards and having been operational for at least 12 months.

b) "Outstanding Labor Collective" is awarded annually to collectives meeting the criteria stipulated in Article 27 of the Law on Competition and Rewards and having been operational for at least 12 months, with individuals achieving the title of "Model Worker at the Grassroots Level" and without any individual being disciplined with a warning or higher according to the Law on Public Officials and Civil Servants or being reassigned to work with lower pay for up to six months according to the Labor Code.

The Ministry awards the title of "Outstanding Labor Collective" to entities including: units directly under the Ministry; units directly under the General Departments, Bureaus, Institutes, Schools, Centers directly under the Ministry, except for the National Hydro-Meteorological Center which includes Regional Hydro-Meteorological Stations and equivalent units; enterprises directly under the Ministry are units directly under the State General Corporation or Company.

c) "Competition Flag of the Ministry of Natural Resources and Environment" is awarded annually to collectives that have registered, led the Groups and Clusters, and met the criteria stipulated in Article 26 of the Law on Competition and Rewards and Clause 4 of Article 16 of Decree No. 42/2010/ND-CP. Each year, the Groups and Clusters select leading units in their competition movements to recommend to the Ministry for awarding.

d) "Competition Flag of the Government" is awarded annually to collectives within the Ministry that have registered and met the criteria stipulated in Article 25 of the Law on Competition and Rewards and Clauses 2 and 3 of Article 16 of Decree No. 42/2010/ND-CP. Collectives receiving the "Competition Flag of the Government" must be outstanding and exemplary selected from those already awarded the "Competition Flag of the Ministry of Natural Resources and Environment".

e) Provincial People's Committees directly under the central government shall submit recommendations for the awarding of the "Competition Flag of the Government" through the line of the Departments of Natural Resources and Environment.

2. Titles and standards for commendation for individuals include:

a) "Advanced Worker" is awarded annually to individuals meeting the criteria stipulated in Clause 1 of Article 24 of the Law on Competition and Rewards and Point a of Clause 2 of Section I of Circular No. 02/2011/TT-BNV.

b) "Model Worker at the Grassroots Level" is awarded annually to individuals meeting the criteria stipulated in Article 13 of Decree No. 42/2010/ND-CP.

The grassroots-level initiative review board, established by the heads of departments and equivalent units directly under the Ministry and the heads of units authorized to recognize the title of "Model Worker at the Grassroots Level", consists of unit leaders, representatives of the Party Committee or Branch, Trade Union, and Communist Youth Union of the unit. The board operates collegially, voting by majority through secret ballot. Resolutions of the board only take effect when at least three-quarters of the board members attend the meeting and when voting, at least three-quarters of attending members vote to recognize the initiative of the individual.

c) "Model Worker in the Natural Resources and Environment Sector" is awarded annually to individuals meeting the criteria stipulated in Article 14 of Decree No. 42/2010/ND-CP.

d) "National Model Worker" is awarded annually to individuals meeting the criteria stipulated in Article 15 of Decree No. 42/2010/ND-CP.

đ) The sectoral initiative review board, established by the Minister to review and recognize initiatives for individuals nominated for the titles of "Sectoral Model Worker" and "National Model Worker".

4. Annually, based on the recommendations of provincial people's committees or the Central Board of Competition and Rewards, the Ministry of Natural Resources and Environment will provide comments and evaluations of the achievements of the Departments of Natural Resources and Environment and their Directors in performing their professional tasks, so that the provinces and cities directly under the central government or the Central Board of Competition and Rewards can have grounds to award or propose to competent authorities to award commendation titles and forms of reward as prescribed.

Chapter III

FORMS AND CRITERIA FOR REWARDS

Article 9. Forms and standards of national-level commendation awards

National-level commendation awards include: "Golden Star Order"; "Ho Chi Minh Order"; "Independence Order, First Class, Second Class, Third Class"; "Labor Order, First Class, Second Class, Third Class"; "Resistance Medal and Badge"; "Friendship Medal and Badge"; National Honor Titles (Titles "Heroic Laborer"; "People's Teacher"; "Outstanding Teacher"); "Ho Chi Minh Prize"; "State Prize" and "Prime Minister's Commendation" shall be implemented according to Chapter III of the Law on Competition and Commendation, Chapter III of Decree No. 42/2010/ND-CP, and Section II of Circular No. 02/2011/TT-BNV issued by the Ministry of Home Affairs.

Article 10. Forms and standards of commendation awards in the natural resources and environment sector

1. "Commendation Certificate of the Minister of Natural Resources and Environment" shall be awarded to:

a) Collectives achieving outstanding annual regular tasks as stipulated in Clause 3, Article 49 of Decree No. 42/2010/ND-CP, which are collectives that have consecutively received two times the title of "Excellent Labor Collective".

b) Individuals achieving outstanding annual regular tasks as stipulated in Clause 2, Article 49 of Decree No. 42/2010/ND-CP, which are individuals that have consecutively received two times the title of "Model Worker at the Grassroots Level".

c) Collectives and individuals specified in Article 2 of this Circular when they achieve outstanding achievements unexpectedly; outstanding achievements in implementing thematic competition movements or making contributions to building the natural resources and environment sector.

2. The commemorative medal "For the Natural Resources and Environment Cause" shall be implemented according to Circular No. 12/2009/TT-BTNMT dated August 17, 2009, issued by the Ministry of Natural Resources and Environment regarding the awarding of the commemorative medal "For the Natural Resources and Environment Cause".

3. Certificates of Merit of the Heads of units under the Ministry with separate accounts and seals shall be awarded to collectives and individuals within their management scope according to Article 75 of the Law on Competition and Commendation.

4. In addition to the aforementioned commendation forms, the Department of Competition and Commendation shall propose to the Minister for decisions on appropriate motivational forms to promptly highlight good examples in competition movements.

Chapter IV

AUTHORITY TO DECIDE ON AWARDS, PROCEDURES AND FILES FOR PROPOSALS TO AWARD COMPETITION TITLES AND COMMENDATION AWARDS

Article 11. Authority to decide on awarding competition titles and commendation awards

1. The President, Government, and Prime Minister shall award competition titles and commendation awards at the national level as prescribed in Articles 77 and 78 of the Law on Competition and Commendation.

2. The Minister of Natural Resources and Environment shall decide to award: "Commendation Certificate of the Minister of Natural Resources and Environment", "Flag of Excellence of the Ministry of Natural Resources and Environment", "Model Worker in the Natural Resources and Environment Sector", Title "Excellent Labor Collective" for collectives under the Ministry; decide to award the title "Model Worker at the Grassroots Level", "Advanced Worker", "Advanced Labor Collective" for individuals and collectives of units under the Ministry without separate accounts and seals; and other motivational forms as prescribed in Clause 2, Article 101 of the Law on Competition and Commendation.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, and the Head of the Ministry's representative office in Ho Chi Minh City shall award Certificates of Merit, titles "Advanced Worker", "Advanced Labor Collective" for collectives and individuals, and the title "Model Worker at the Grassroots Level" for individuals within their management scope.

4. Heads of the Departments: Environment, Land Management, Sea and Islands of Vietnam shall award competition titles and commendation awards as prescribed in Article 80 of the Law on Competition and Commendation. Specifically as follows:

a) Title "Advanced Worker", "Advanced Labor Collective" for collectives and individuals within the administrative unit;

b) "Model Worker at the Grassroots Level" for individuals of units within their management scope;

c) Certificates of Merit for collectives and individuals within their management scope;

d) Heads of units directly under the aforementioned Departments with separate seals and accounts shall award titles "Advanced Worker", "Advanced Labor Collective" for collectives and individuals within their management scope.

5. The Department of Geology and Mineral Resources, the National Hydro-Meteorological Center, and the Center for Planning and Investigation of Water Resources shall award competition titles and commendation awards as prescribed in Article 80 of the Law on Competition and Commendation and the following provisions:

a) Title "Advanced Worker", "Advanced Labor Collective" for collectives and individuals and "Model Worker at the Grassroots Level" within the administrative unit;

b) Certificates of Merit for collectives and individuals within their management scope;

c) Associations under the Department of Geology and Mineral Resources, the Center for Planning and Investigation of Water Resources, regional stations under the National Hydro-Meteorological Center shall award titles "Advanced Worker", "Advanced Labor Collective" for collectives and individuals, "Model Worker at the Grassroots Level", and Certificates of Merit for collectives and individuals within their management scope.

6. Vietnam Natural Resources and Environment Corporation shall award competition titles and commendation awards as prescribed in Article 80 of the Law on Competition and Commendation. Specifically as follows:

a) The General Director of the Corporation shall award competition titles and commendation awards: Title "Advanced Worker", "Advanced Labor Collective" for collectives and individuals and "Model Worker at the Grassroots Level" within the administrative unit and affiliated accounting units; award Certificates of Merit for collectives and individuals within their management scope.

b) Directors of independent accounting units (Companies) shall award competition titles and commendation awards: "Advanced Worker", "Advanced Labor Collective" for collectives and individuals; "Model Worker at the Grassroots Level"; Certificates of Merit for collectives and individuals within their management scope.

7. The heads of the Departments, Institutes, Schools, Centers (except for the National Hydro-meteorological Center and the Center for Planning and Investigation of Water Resources), and enterprises directly under the Ministry (except for the Vietnam Natural Resources and Environment Corporation) shall present commendations and awards to collectives and individuals within their management scope in accordance with the provisions of Article 80 of the Law on Commendation and Awards. Specifically, they shall present the titles "Advanced Worker" and "Advanced Working Collective" to collectives and individuals; the title "Model Worker at the Grassroots Level" and Certificates of Merit to collectives and individuals within their management scope.

8. The Directors of Provincial and Municipal Natural Resources and Environment Departments shall present commendations and awards to collectives and individuals within their management scope in accordance with the guidelines set forth in this Circular and those provided by the provincial People's Committees.

Article 12. Procedures for Proposing Commendations and Awards

1. The heads of units at all levels in the natural resources and environment sector shall present commendations and awards within their authority as stipulated in Article 11 of this Circular, or submit proposals to competent authorities for the presentation of commendations and awards to collectives and individuals within their management scope.

2. The level that initiates and promotes competition movements shall select outstanding collectives and individuals to present commendations and awards, or propose to competent authorities to present commendations and awards.

3. Awards at the Ministry level:

a) For collectives and individuals under the Ministry: Heads of units directly under the Ministry shall implement the procedures for award assessment, complete the dossier, and submit it to the Department of Commendation and Award for review before submitting it to the Ministry’s Commendation and Award Council for consideration and decision-making, or to the Minister for approval.

b) For collectives and individuals under the Provincial and Municipal Natural Resources and Environment Departments: The Provincial and Municipal Natural Resources and Environment Departments’ Commendation and Award Councils shall implement the procedures for award assessment, complete the dossier, and submit it to the Department of Commendation and Award for review before submitting it to the Council or the Minister for consideration and decision-making.

c) For individuals outside the natural resources and environment sector:

At the central level: Heads of units directly under the Ministry; Heads of state management units on natural resources and environment under ministries, agencies, and mass organizations at the central level shall confirm achievements, submit them to the Department of Commendation and Award for review before submitting to the Ministry’s Commendation and Award Council for consideration and decision-making, or to the Minister for approval.

At the local level: The Director of the Provincial Natural Resources and Environment Department shall confirm achievements and submit them to the Department of Commendation and Award for review before submitting to the Ministry’s Commendation and Award Council for consideration and decision-making, or to the Minister for approval.

d) For foreign agencies and organizations, individuals who are foreigners; organizations and individuals who are Vietnamese residing abroad: Heads of agencies and units where these individuals work directly or have made contributions shall confirm achievements, submit them to the Department of Commendation and Award for review in conjunction with the Department of International Cooperation before submitting to the Ministry’s Commendation and Award Council for consideration and decision-making, or to the Minister for approval.

4. Awards at the State level:

a) For collectives and individuals under units directly under the Ministry: Heads of units shall implement the procedures for award assessment at their units, complete the dossier, confirm achievements, and submit them to the Ministry’s Commendation and Award Council for consideration and submission to the Minister for approval, then to the competent authority for final decision-making.

b) For non-state-owned economic organizations, joint-stock companies, limited liability companies, and foreign-invested enterprises: The level that decides on privatization or establishment shall submit the proposal for awards. In cases of outstanding achievements contributing to the construction and development of the natural resources and environment sector, the proposal shall be submitted to the Ministry’s Commendation and Award Council for consideration and submission to the Minister for approval, then to the competent authority for final decision-making.

c) For collectives and individuals under Provincial and Municipal Natural Resources and Environment Departments: The Director of the Provincial and Municipal Natural Resources and Environment Department shall implement the procedures for award assessment, complete the dossier, confirm achievements, and submit them to the Provincial and Municipal Natural Resources and Environment Departments’ Commendation and Award Councils for consideration and submission to the competent authority for final decision-making.

Article 13. Procedure for Commendation and Award Examination

1. Units proposing commendations shall complete the dossier and submit it directly or send it via postal service to the Department of Mobilization and Reward for processing according to the following procedure:

a) The specialist responsible for the field or unit shall be responsible for checking and accepting dossiers meeting the conditions and standards on the day of submission; returning dossiers not meeting the conditions or informing the unit to perfect and resubmit within five working days; providing information on the examination results of commendations to the proposing units.

b) The Department of Mobilization and Reward shall be responsible for reviewing, perfecting the dossiers, and submitting them to the Minister for examination and decision-making or to the Mobilization and Reward Council of the Ministry for examination and submission to the Minister for submission to the competent authority for examination and decision-making on commendations.

c) Proposing the Mobilization and Reward Council of the Ministry to examine and award titles of excellence and forms of commendation: "Flag of Mobilization of the Ministry of Natural Resources and Environment"; "Excellence Soldier of the Natural Resources and Environment Sector"; "Prime Minister's Commendation"; "Government Flag of Mobilization"; "National Excellence Soldier"; Orders and Medals of various types; State Honorary Titles; "Ho Chi Minh Prize" and "State Prize".

d) For proposals to commend individuals under the management of the Central Secretariat and forms of commendation: "Golden Star Order", "Ho Chi Minh Order", "Independence Order", title "People's Teacher", title "National Excellence Soldier", title "Heroic Laborer", the Department of Mobilization and Reward shall review the dossiers, submit them to the Minister and the Party Cadre and Civil Servant Committee for approval before proceeding with the procedures as prescribed.

đ) The Department of Mobilization and Reward shall seek the opinions of relevant units before submitting to the Minister for examination and decision on the form of "Minister's Commendation of the Ministry of Natural Resources and Environment" and the title "Outstanding Labor Collective".

2. The procedure for examining and recognizing the "Ho Chi Minh Prize", "State Prize", title "People's Teacher", and title "Excellent Teacher" shall be carried out in accordance with the provisions of the Law on Mobilization and Reward and Decree No. 42/2010/ND-CP, Circular No. 22/2008/TT-BGDĐT dated April 23, 2008, guiding the criteria, procedures, formalities, and dossiers for presenting the titles of "People's Teacher" and "Excellent Teacher" issued by the Ministry of Education and Training, and other related normative legal documents.

3. Commendation for collectives and individuals outside the natural resources and environment sector: After receiving the confirmation of achievements from the head of the managing unit in the specialized field, the Department of Mobilization and Reward shall implement the dossier review process and submit to the Minister for examination and decision-making or to the competent authority for examination and decision-making.

4. The Department of Mobilization and Reward proposes forms of commendations at the ministerial level for comrades leading the Party, State, Ministries, and related sectors, and prepares the dossier for submission to the Minister for consideration and decision.

5. The procedure for examining and recognizing titles of excellence and forms of commendation within the authority of the heads of units shall be carried out in accordance with this Circular and the regulations decided and promulgated by the units, but must not contravene general regulations.

Article 14. Dossier for Proposing Examination and Presentation of Titles of Excellence and Commendations

1. Dossier for proposing presentation of titles of excellence and commendations at the ministerial level: the proposing unit shall submit one set of dossier including:

a) Memorandum (Model 2 Appendix attached to this Circular);

b) List of proposed commendations (Model 3 or 4 Appendix attached to this Circular);

c) Minutes of the Mobilization and Reward Council meeting or the unit's competition assessment minutes (Model 1 Appendix attached to this Circular);

d) Achievement report, confirmed by the recommending level (Model 5, 6, 7, or 8 Appendix attached to this Circular);

đ) Copies of related commendation decisions.

2. Dossier for proposing presentation of titles of excellence and commendations by the Government and Prime Minister: the unit shall submit three sets of dossiers, each set including:

a) Memorandum (Model 2 Appendix attached to this Circular);

b) List of proposed commendations (Model 3 Appendix attached to this Circular);

c) Minutes and voting results of the unit's Mobilization and Reward Council meeting or the unit's competition assessment minutes (Model 1 Appendix attached to this Circular);

d) Achievement report, confirmed by the recommending level (Model 5, 6, 7, or 8 Appendix attached to this Circular);

đ) Summary achievement report confirmed by the recommending level;

e) Copies of related commendation decisions.

3. Dossier for proposing presentation of Orders of various types and ranks: the proposing unit shall submit four sets of dossiers, each set including:

a) Memorandum (Model 2 Appendix attached to this Circular);

b) List of proposed commendations (Model 3 Appendix attached to this Circular);

c) Minutes and voting results of the unit's Mobilization and Reward Council meeting or the unit's competition assessment minutes (Model 1 Appendix attached to this Circular);

d) Achievement report confirmed by the recommending level (Model 5 or 6 Appendix attached to this Circular);

đ) Summary achievement report confirmed by the recommending level;

e) Copies of related commendation decisions.

4. Dossier for proposing presentation of Orders of various types and ranks for cadres and leaders who have contributed in state agencies shall be implemented in accordance with Clause 3 of this Article (Achievement report shall be made according to Model 9 Appendix attached to this Circular).

5. Dossier for proposing commendations for organizations and individuals who are foreigners and overseas Vietnamese shall submit three sets of dossiers, each set including: Unit's memorandum and summary achievement report confirmed by the recommending level (Model 12 Appendix attached to this Circular).

6. In cases where collectives and individuals are proposed for commendation due to inventions, innovations, applications of scientific and technological progress, and in other fields, there must be confirmation from the competent authority (Model 8 or 9 Appendix attached to this Circular).

7. Dossier for proposing commendations for State Honorary Titles; "Ho Chi Minh Prize" and "State Prize" shall be carried out in accordance with Articles 63, 64, and 65 of Decree No. 42/2010/ND-CP and the achievement report shall be made (Model 10 or 11 Appendix attached to this Circular).

8. For units that have the obligation to pay taxes to the State, when proposing national-level commendations for the unit and its head, they must have confirmation from the financial department regarding the contents stipulated in Clause 16 of Article 53 of Decree No. 42/2010/ND-CP.

Article 15. Time for submission of commendation proposal files

1. Files proposing to award commendation titles and regular annual commendation forms must be submitted to the Ministry before January 31 of the following year. The Ministry will issue results within no more than 60 days from the date of receiving complete files in accordance with regulations.

2. For cases proposing to award outstanding achievements: immediately after achieving the accomplishment, the head of the unit has the responsibility to prepare the file for submission to the competent authority for examination and decision on commendation.

Article 16. Management of competition and commendation files

1. The Department of Competition and Commendation of the Ministry of Natural Resources and Environment is responsible for managing files of commendation titles and forms, and all other files related to the competition and commendation work of the natural resources and environment sector according to regulations. Annually, it compiles files for archival management according to regulations.

2. Organizations conducting competition and commendation work at units have the responsibility to manage and archive all files related to the competition and commendation work of their units according to regulations.

Article 17. Confirmation of Competition and Commendation

1. The confirmation of commendation titles and forms must ensure accuracy and timeliness to guarantee the benefits of those being commended.

2. In case of loss of certificates for commendation titles and forms, the collective or individual being commended must initiate procedures to request confirmation. The file includes: A request for confirmation of commendation titles and forms, clearly stating the commendation title, form, time of commendation, decision number... (if still retained) and confirmed by the management level.

3. The file is sent to the Department of Competition and Commendation for review, confirmation, or recommendation to the competent authority for confirmation.

Article 18. Award Ceremony

1. Principles of organization:

a) Announcing and presenting commendation titles and forms is an occasion to honor exemplary individuals and collectives, therefore it must be organized solemnly, ensuring effectiveness and practicality, avoiding ostentatious displays and waste. When organizing, it should be combined with other contents of the unit to save time and costs;

b) Ceremonial presentation of Orders, Medals, State Honorary Titles: "Ho Chi Minh Prize", "State Prize"; "Flag of Excellence from the Government"; "Certificate 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 on state ceremonial procedures in organizing rallies, commemorative ceremonies; presenting and receiving state honorary titles, Orders, Medals, Flags of Excellence from the Government, Certificates of Merit from the Prime Minister, and Directive No. 45-CT/TW dated July 22, 2010 of the Politburo on innovating and enhancing the effectiveness of organizing commemorative days, ceremonial presentations, and receptions of state honorary titles and high commendation forms.

2. Procedures for holding award ceremonies:

a) For commendations by the President, Government, and Prime Minister, after receiving the commendation decision, the head of the unit prepares a plan for reception, submitting to the Minister (through the Department of Competition and Commendation). After receiving the Minister's instructions, the Department of Competition and Commendation coordinates with the unit to announce and present the commendation;

b) For commendation titles and forms by the Minister of Natural Resources and Environment, the Minister presents them personally or delegates the head of the unit to organize the announcement and presentation.

Chapter V

COMPETITION AND COMMENDATION COUNCIL AND GROUPS/COLLECTIVES OF COMPETITION

Article 19. The Department's Competition and Reward Council

1. The Minister decides to establish the Department's Competition and Reward Council.

2. The members of the Department's Competition and Reward Council shall not exceed 13 members, including:

a) The Minister serves as the Chairman of the Council;

b) The Vice Minister responsible for competition and reward fields serves as the Deputy Chairman of the Council;

c) The Director of the Department of Competition and Reward, a Standing Member of the Council;

d) The Members of the Council include: Heads of units under the Department responsible for strategic planning, the Chairman of the Department's Trade Union, and the Secretary of the Ho Chi Minh Communist Youth Union of the Department.

3. The Department of Natural Resources and Environment's Competition and Reward Council is the advisory body for the Minister on competition and reward activities within the natural resources and environment sector; it examines proposals for the Minister to confer commendations and awards according to its authority or proposes the Minister to submit to competent authorities for conferring commendations and awards as prescribed. The Department of Natural Resources and Environment's Competition and Reward Council operates according to regulations issued by the Chairman of the Department's Competition and Reward Council.

Article 20. The Competition and Reward Council at the Base Level

1. The head of an agency, unit, or enterprise under the Department with its own account and seal decides to establish the Competition and Reward Council of the unit.

2. Composition of the Board includes:

a) Chairman of the Council: Head of the agency, unit, or enterprise.

b) Deputy Chairman of the Council: Chairman of the Trade Union of the agency, unit, or enterprise.

c) Standing Member - Secretary of the Council: the person assigned by the head of the agency or unit to handle competition and reward work, or an individual responsible for competition and reward work of the agency, unit, or enterprise.

d) Members: representatives from the Party Committee, Ho Chi Minh Communist Youth Union, and Heads of specialized departments appointed by the head of the unit based on the principle that the number of members should be 3, 5, 7, or 9.

3. The base-level Competition and Reward Council performs the function of advising and consulting the head of the agency or unit on competition and reward work; operates according to the principle of democratic centralism and decides by majority vote. In case of equal opinions among members of the Council, the opinion of the Chairman of the Council is decisive. The base-level Competition and Reward Council operates according to the Regulations on Operation issued by the head of the agency or unit.

Article 21. Competition Groups and Clusters

1. Based on the characteristics of position, functions, tasks, nature of work, and scope of operation of the unit, the Minister decides to establish Competition Groups within units directly under the Department and Competition Clusters within Provincial Departments of Natural Resources and Environment.

2. Competition Groups and Clusters have the function of advising and consulting the Department of Natural Resources and Environment's Competition and Reward Council to organize the launch of competition movements, inspect, urge, summarize, and conclude competition movements suitable to the specific conditions and characteristics of each Competition Group and Cluster.

3. On the basis of selection by Competition Groups and Clusters, the Director of the Department of Competition and Reward proposes to the Minister to decide on recognizing the Leaders and Deputy Leaders of Competition Groups and Clusters. The Leader of a Competition Group or Cluster leads and directs the activities of the Group or Cluster and is responsible for all activities of the Group or Cluster, chairs and concludes meetings of the Group or Cluster.

Article 22. Tasks of the Competition and Encouragement Group, Cluster

1. Organize the launch and signing of competition agreements to demonstrate determination in responding to and implementing the competition movements initiated by the Ministry, while setting out targets, contents, and methods for organizing and implementing the competition movement within the Group, Cluster to develop strongly, widely, correctly, and effectively.

2. Summarize and conclude the competition movement annually, propose directions and tasks for organizing the competition movement within the Group, Cluster; share experiences, build new models, and outstanding examples within the Group, Cluster.

3. Uniformly evaluate the effectiveness and impact of the competition movement in agencies and units under the Group, Cluster according to ranking criteria and competition scoring.

4. Select and honor collectives with outstanding achievements in the Group, Cluster competition to recommend for consideration of the Prime Minister's Flag of Excellence for Groups; the Flag of Excellence of the Natural Resources and Environment Sector for Groups, Clusters.

5. Perform other tasks assigned by the Minister.

Chapter VI

FUND FOR COMPETITION AND REWARD

Article 23. Responsibilities and Principles for Establishing the Competition and Reward Fund

1. Annually, the Department of Competition and Reward bases on the results of implementing the Competition and Reward Fund of the previous year; registered targets for competition titles, reward forms, and planned expenses for the competition and reward work in the planning year to prepare the budget for the Ministry's Competition and Reward Fund.

2. Sources and methods for establishing and contributing to the Competition and Reward Fund.

a) The formation sources, establishment, contribution, and use of the Competition and Reward Fund of the Ministry of Natural Resources and Environment shall be carried out in accordance with Circular No. 71/2011/TT-BTC dated May 24, 2011, of the Ministry of Finance guiding the establishment, management, and use of the Competition and Reward Fund pursuant to Decree No. 42/2010/NĐ-CP dated April 15, 2011, of the Government.

b) Annually, the Financial Department is responsible for allocating funds for the competition and reward work of the Ministry in accordance with Clause 1 of Article 67 of Decree No. 42/2010/NĐ-CP, Circular No. 71/2011/TT-BTC.

c) The contribution method for the Competition and Reward Fund of the Ministry from units under the direct management of the Ministry that self-finance their regular operations and enterprises directly under the Ministry is as follows:

- For units under the direct management of the Ministry that self-finance their regular operations, they must contribute from their own Competition and Reward Fund to the Ministry's Fund. The minimum contribution rate is 20% of the annual Competition and Reward Fund of the unit.

- For units under the direct management of the second-level budgetary units that self-finance their regular operations, they must annually contribute at least 20% of their Competition and Reward Fund to the second-level budgetary unit. The second-level budgetary unit (General Departments, Bureaus, Centers) retains 10% to create its own Competition and Reward Fund and 10% is contributed to the Ministry's Competition and Reward Fund.

- For enterprises directly under the Ministry, they must annually contribute 5% of their Competition and Reward Fund to the Ministry's Fund (the contribution rate from the Competition and Reward Fund of subsidiaries to Vietnam National Resources and Environment Corporation is determined by the Corporation).

d) The Ministry of Natural Resources and Environment encourages organizations and individuals both inside and outside the sector to support and contribute to supplementing the Ministry's Competition and Reward Fund and the Competition and Reward Funds of units.

Article 24. Management and Use of the Commendation Fund

1. The Commendation Fund shall be used for:

a) Printing certificates, commendation letters, awards, making commemorative medals, badges, competition flags, purchasing award frames and other reward items;

b) Awarding cash prizes or souvenirs to individuals and groups;

c) Organizing and directing competitive movements.

2. Management of the Ministry's Commendation Fund:

a) The Department of Commendation shall be responsible for advising the Minister on the proper use of the Ministry's Commendation Fund for organizing competitive movements and serving commendation work; it shall be responsible for paying out rewards to those being commended and completing financial settlement procedures with the Ministry's Office according to regulations.

b) The Ministry's Office shall be responsible for managing the Fund and coordinating with the Department of Commendation to pay out rewards and other expenses serving competitive and commendation work according to regulations.

3. Units shall manage and use the Commendation Fund in accordance with Decree No. 42/2010/NĐ-CP, Circular 71/2011/TT-BTC, this Circular, and other relevant legal documents.

4. At the end of the year, unused portions of the Commendation Fund at all levels shall be carried over to the next year for continued use in competitive and commendation work.

Article 25. Principles of Reward Distribution

1. Groups and individuals who are awarded commendation titles and forms of commendation by the Minister of Natural Resources and Environment or are commended by the Prime Minister and receive forms of commendation from the President shall receive rewards from the Natural Resources and Environment Ministry's Commendation Fund.

2. The calculation of reward amounts and the levels of rewards accompanying commendation titles and forms of commendation shall be implemented according to Articles 70, 71, 72, 73, 74, 75, and Article 76 of Decree No. 42/2010/NĐ-CP and other relevant legal documents.

3. At the same time, for the same commendation recipient, if they achieve different commendation titles and forms of commendation, they shall receive rewards corresponding to each title and form of commendation with the highest reward level.

4. At the same time, if a recipient achieves multiple commendation titles due to different periods required to achieve these accomplishments, they shall receive rewards for each title.

5. Overseas Vietnamese, foreign individuals, and groups who are awarded forms of commendation and accompanied by souvenir gifts.

Chapter VII

IMPLEMENTING PROVISIONS

Article 26. Implementation

1. Organizations conducting commendation work:

a) The Department of Commendation of the Ministry of Natural Resources and Environment has the function of advising the Minister on implementing state management functions regarding commendation work; it collaborates with the Department of Organization and Cadres to advise on building organizational structures and cadres for commendation work throughout the sector.

b) For units under the Ministry's Office that provide comprehensive advice, each unit shall assign one civil servant to concurrently handle commendation work;

c) For subordinate units of the Ministry and units with separate accounts and seals, the unit shall decide to establish a department or appoint a full-time or concurrent staff member to handle commendation work.

d) For Provincial Departments of Natural Resources and Environment, one staff member shall be assigned to concurrently handle commendation work.

2. Reporting on commendation work:

a) Every six months and annually, units shall conduct mid-term and final reviews, evaluate commendation work, and submit reports to the Ministry (through the Department of Commendation);

b) When launching a competitive movement and after each campaign, units shall organize mid-term and final reviews and submit reports to the Ministry (through the Department of Commendation).

3. Heads of subordinate units of the Ministry, Directors of Provincial Departments of Natural Resources and Environment have the responsibility to guide the implementation and detail standards suitable to the operational situation of their units; establish specific competition targets, encourage quantifying these targets into scales for accurate, fair, and objective commendation.

Article 27. Effective Date

This Circular takes effect from December 5, 2011.

During the implementation of this Circular, if there are difficulties or points that are not appropriate, heads of subordinate units of the Ministry, Directors of Provincial Departments of Natural Resources and Environment shall reflect these issues to the Ministry of Natural Resources and Environment (through the Department of Commendation) for consolidation and reporting to the Minister for consideration, revision, and supplementation to ensure appropriateness./.