Decree No. 39/2012/NĐ-CP amends and supplements certain Articles of Decree No. 42/2010/NĐ-CP dated April 15, 2010, of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards.

DECREE

Amending and supplementing certain Articles of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Encouragement of Competition and Reward and the Law amending and supplementing certain provisions of the Law on Encouragement of Competition and Reward.

Pursuant to the Law on Encouragement of Competition and Reward dated November 26, 2003 and the Law amending and supplementing certain provisions of the Law on Encouragement of Competition and Reward dated June 14, 2005;

Pursuant to Article 3 of Law No. 32/2009/QH12 dated June 18, 2009 amending and supplementing certain provisions of the Cultural Heritage Law;

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Encouragement of Competition and Reward and the Law amending and supplementing certain provisions of the Law on Encouragement of Competition and Reward,

Article 1. Amending and supplementing certain Articles of Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Encouragement of Competition and Reward and the Law amending and supplementing certain provisions of the Law on Encouragement of Competition and Reward (hereinafter referred to as Decree No. 42/2010/NĐ-CP) as follows:

||| Based on the proposal of the Minister of Home Affairs;

1. Amending Point c Clause 15 Article 53 as follows:

"Article 53. General provisions on procedures for rewarding

c) When there is a request for comments from the Central Steering Committee for Encouragement of Competition and Reward within 10 working days from the date of receipt of the request (based on postmark), the agency requested to comment shall be responsible for replying. After 10 working days, if there is no reply, the Central Steering Committee for Encouragement of Competition and Reward will proceed with the reward procedures as prescribed."

2. Amending Clause 16 Article 53 as follows:

15.

"16. For units that have the obligation to pay state budget, when proposing forms of rewards such as Flag of Excellence, Certificate of Merit, Model Worker at the Ministry, Sector, Central Mass Organizations, Provincial level, and Outstanding Labor Collective and other national-level rewards for collectives or individuals who are heads of units, in the report of achievements, they must clearly declare the following contents:

c) Commitment to having paid all types of taxes and other revenues according to the law and on time.

The verification of the degree of fulfillment of the obligation to pay the state budget is conducted by the Ministry or provincial level taking the opinion of the competent tax management agency and bearing responsibility under the law for the honesty of the verification results."

a) The actual amount of tax and other revenues paid compared to the registered amount in the year;

b) The percentage of state budget revenue paid compared to the previous year;

3. Amending Clause 18 Article 53 as follows:

"18. The Central Steering Committee for Encouragement of Competition and Reward verifies the reward dossier and submits it to the Prime Minister within 10 working days (20 working days for cases requiring consultation), from the date of receiving the complete dossier as prescribed. The examination of dossiers for granting the title of Hero is carried out according to the Operation Regulations of the Central Steering Committee for Encouragement of Competition and Reward.

a) Time for verifying reward dossiers at commune, district levels under provinces and centrally-administered cities and at central ministries, sectors, mass organizations:

For regular rewards within the authority of communes and districts: the competition and reward agencies verify the reward dossier and submit it to the competent authority within 10 working days from the date of receiving the complete dossier as prescribed.

b) Time for verifying reward dossiers at central ministries, sectors, mass organizations, provinces, and centrally-administered cities:

For rewards within the authority of central ministries, sectors, mass organizations, provinces, and centrally-administered cities, the competition and reward agencies verify the reward dossier and submit it to the competent authority within 15 working days from the date of receiving the complete dossier as prescribed.

For regular national-level rewards, within 20 working days (30 working days for forms of reward: "Independence Order", "Ho Chi Minh Order", "Golden Star Order"; titles of Hero, "Mother Heroine of Vietnam"; titles of Teacher, Doctor, Artist, Artisan; "Ho Chi Minh Prize", "State Prize", "National Model Worker"), from the date of receiving the complete dossier as prescribed, the Minister, Head of a ministry equivalent to a ministry, head of a government agency, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor General, leaders of central mass organizations, Chairman of the People's Committee of provinces and centrally-administered cities examine and submit to the Prime Minister.

c) Time for announcing and delivering reward results:

Upon receiving the announcement and decision on rewards from the President or the Prime Minister, within 10 working days, the Central Steering Committee for Encouragement of Competition and Reward announces and delivers the reward results to the unit proposing the reward.

Upon receiving the announcement and decision on rewards from the competent authority granting rewards, within 10 working days, the proposing agency announces and delivers the reward results to the recipients."

4. Amending Clause 21 Article 53 as follows:

"21. Within 10 working days from the date of receiving the proposal of the Central Steering Committee for Encouragement of Competition and Reward and the dossier as prescribed, the Office of the Government submits to the Prime Minister. Within 10 working days from the date of receiving the proposal of the Prime Minister and the dossier as prescribed, the Office of the President submits to the President for consideration and decision on rewards."

5. Supplementing Clause 23 Article 53 as follows:

"23. Collectives and individuals prepare one report of achievements and related dossier according to the model attached to this Decree to submit to the agency or organization authorized to grant rewards or to the competent authority for rewards. When submitting to the Prime Minister, Ministries, sectors, central agencies, and provincial People's Committees, they simultaneously send electronic files of the submitted dossier (in .doc format for reports, lists, and achievements of proposed collectives and individuals, in .pdf format for other related dossiers) to the Central Steering Committee for Encouragement of Competition and Reward, except for documents containing state secrets. After verification, the Central Steering Committee for Encouragement of Competition and Reward sends the reward dossier in writing and the entire electronic dossier to the Office of the Government."

5. Add Clause 23 to Article 53 as follows:

“23. Collectives and individuals shall prepare one report on achievements and related files according to the model attached to this Decree to submit to the agency or organization deciding on rewards within their authority or to the competent authority for rewards. When submitting to the Prime Minister, Ministries, ministerial agencies, central-level agencies and organizations, provincial People's Committees, they shall simultaneously send the electronic files of the submitted documents (in .doc format for the reports, lists, and achievement reports of the collectives and individuals proposed, and in .pdf format for other related files) to the Central Steering Committee for Encouragement and Rewards, except for documents containing state secrets. After reviewing, the Central Steering Committee for Encouragement and Rewards shall send the reward files in writing and the electronic version of the entire reward file to the Government Office.”

6. Amend Clause 3 of Article 54 as follows:

“Article 54. Procedures for awarding the title of "National Model Soldier"

3. The dossier submitted to the Prime Minister shall include two sets (originals), comprising:

a) A proposal letter accompanied by a list of individuals proposed for the title of "National Model Soldier" from Ministries, agencies, the Office of the President, the National Assembly's Office, the Vietnam Fatherland Front Central Committee, central-level mass organizations, provincial and centrally-administered city People's Committees;

b) A report on achievements of the individual proposed for the title of "National Model Soldier"; the report must clearly state the content of research topics, innovations, and management solutions that have yielded practical results, along with extracts of confirmatory opinions from the Science and Innovation Council at the Ministry, agency, central-level mass organization, provincial, or centrally-administered city level; in cases where the innovation, solution, or topic has been certified by an authorized body, a copy of the certificate shall be attached instead of the confirmatory opinion from the Science and Innovation Council at the Ministry, agency, central-level mass organization, provincial, or centrally-administered city level.

Individuals who are heads of units subject to the obligation to pay state budget revenue must comply with the provisions of Clause 2 of this Article (i.e., Clause 16 of Article 53 of Decree No. 42/2010/ND-CP as amended by this Decree);

c) Minutes and results of secret ballots of the Commendation and Reward Council at the Ministry, agency, central-level mass organization, provincial, or centrally-administered city level. In cases where the Prime Minister is requested to award the title of "National Model Soldier," the number of affirmative votes from council members must reach 90% or more.”

7. Add Clause 4 of Article 54 as follows:

“4. The dossier of the Central Commendation and Reward Board submitted to the Prime Minister shall include one set (original), comprising: a proposal letter of the Central Commendation and Reward Board to the Prime Minister (with attached list) and all related dossiers as stipulated in Clause 6 of this Article (i.e., Clause 3 of Article 54 of Decree No. 42/2010/ND-CP as amended by this Decree).”

8. Amend Clause 1 of Article 55 as follows:

“Article 55. Procedures for awarding titles of Model Soldiers at various levels and other commendations

1. Titles such as "Model Soldier of the Ministry, Agency, Province, or Central-Level Mass Organization," "Model Soldier of the Base Unit," "Outstanding Worker," "Advanced Soldier," "Excellent Labor Collective," "Victory Unit," "Advanced Labor Collective," and "Advanced Unit" are awarded annually. The procedures and dossiers for awarding these titles shall be carried out according to the provisions of Clause 1 of Article 84 of the Law on Encouragement and Reward.”

9. Add Clause 3 of Article 55 as follows:

“3. The dossier for proposing the award of the Flag of Merit and the title of "Model Soldier of the Base Unit" for each title shall include one set (original), comprising:

a) A proposal document for commendation from the recommending authority;

b) Reports on achievements of the individuals proposed for commendation;

c) Minutes and results of secret ballots of the Commendation and Reward Council of the recommending authority.”

10. Amend Clause 5 of Article 56 as follows:

“Article 56. Dossier and procedures for awarding the Flag of Merit of the Government

5. The dossier for requesting the Prime Minister to award the Flag of Merit of the Government shall include two sets (originals), comprising:

a) A proposal letter (accompanied by a list of collectives proposed for the Flag of Merit of the Government) from Ministries, agencies, the Office of the President, the National Assembly's Office, the Vietnam Fatherland Front Central Committee, central-level mass organizations, provincial, and centrally-administered city People's Committees;

b) A report on achievements of the collective proposed for the Flag of Merit of the Government;

c) Minutes and results of secret ballots of the Commendation and Reward Council at the Ministry, agency, central-level mass organization, provincial, or centrally-administered city level.”

11. Add Clause 7 of Article 56 as follows:

“7. The dossier of the Central Commendation and Reward Board submitted to the Prime Minister shall include one set (original), comprising: a proposal letter of the Central Commendation and Reward Board to the Prime Minister (with attached list) and related dossiers as stipulated in Clause 10 of this Article (i.e., Clause 5 of Article 56 of Decree No. 42/2010/ND-CP as amended by this Decree).”

12. Amend Clause 4 of Article 57 as follows:

“Article 57. Dossier and procedures for awarding Orders

4. The dossier for proposing the award of Orders, each type including three sets (originals), shall comprise:

a) A proposal letter from Ministries, agencies, the Office of the President, the National Assembly's Office, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, the Vietnam Fatherland Front Central Committee, central-level mass organizations, provincial, and centrally-administered city People's Committees;

b) Reports on achievements of the individuals proposed for commendation;

c) Minutes of the Commendation and Reward Council at the Ministry, agency, central-level mass organization, provincial, or centrally-administered city level.”

13. Amend Clause 5 of Article 57 as follows:

“5. The dossier for proposing commendation for foreigners and overseas Vietnamese includes three sets (originals), comprising: a proposal letter from Ministries, agencies, central-level mass organizations, provincial, or centrally-administered city People's Committees and a personal achievement report prepared by the recommending authority.”

14. Add Clause 6 of Article 57 as follows:

“6. The dossier of the Central Commendation and Reward Board submitted to the Prime Minister shall include two sets (originals), comprising: a proposal letter of the Central Commendation and Reward Board to the Prime Minister (with attached list) and related dossiers as stipulated in Clauses 12 and 13 of this Article (i.e., Clauses 4 and 5 of Article 57 of Decree No. 42/2010/ND-CP as amended by this Decree).”

15. Amend Clause 2 of Article 58 as follows:

“Article 58. Dossier and procedures for awarding the Certificate of Merit of the Prime Minister

2. The dossier for requesting the award of the Certificate of Merit of the Prime Minister shall include two sets (originals), comprising:

a) A proposal letter from Ministries, agencies, central-level mass organizations, provincial, or centrally-administered city People's Committees;

b) Reports on achievements of the individuals proposed for commendation;

c) Minutes of the Commendation and Reward Council at the Ministry, agency, central-level mass organization, provincial, or centrally-administered city level.”

16. Amend Clause 3 of Article 58 as follows:

"3. The dossier submitted by the Central Board of Awards and Commendations to the Prime Minister includes one set (original), consisting of: The proposal of the Central Board of Awards and Commendations to the Prime Minister (accompanied by a list) and related dossiers as prescribed in Clause 15 of this Article (i.e., Clause 2 of Article 58 of Decree No. 42/2010/ND-CP amended by this Decree)."

17. Amend the name of Article 59 as follows:

"Article 59. Procedures for awarding the "National Solidarity Order"."

18. Amend Clause 2 of Article 60 as follows:

"Article 60. Dossier and procedures for awarding Medals."

2. The dossier for proposing the award of Medals includes three sets (originals), consisting of:

a) The proposal of the central ministries, agencies, mass organizations, provincial-level municipalities;

b) A brief profile of the cases proposed for Medal commendation."

19. Add Clause 3 of Article 60 as follows:

"3. The dossier submitted by the Central Board of Awards and Commendations to the Prime Minister includes two sets (originals), consisting of: The proposal of the Central Board of Awards and Commendations to the Prime Minister and related dossiers as prescribed in Clause 18 of this Article (i.e., Clause 2 of Article 60 of Decree No. 42/2010/ND-CP amended by this Decree)."

20. Amend Clause 3 of Article 61 as follows:

"Article 61. Simplified dossier and procedures."

3. The dossier for proposing commendation under simplified procedures includes three sets (originals), consisting of:

a) The proposal of the central ministries, agencies, mass organizations, provincial-level municipalities;

b) A summary of achievements of the directly managing agency, clearly stating actions, achievements, merits for proposing commendation under simplified procedures."

21. Add Clause 5 of Article 61 as follows:

"5. The dossier submitted by the Central Board of Awards and Commendations to the Prime Minister includes two sets (originals), consisting of: The proposal of the Central Board of Awards and Commendations to the Prime Minister and related dossiers as prescribed in Clause 20 of this Article (i.e., Clause 3 of Article 61 of Decree No. 42/2010/ND-CP amended by this Decree)."

22. Add Clause 3 of Article 62 as follows:

"Article 62. Dossier and procedures for awarding the title "Heroic Mother Vietnam"."

3. The dossier submitted by the Central Board of Awards and Commendations to the Prime Minister includes two sets (originals), consisting of: The proposal of the Central Board of Awards and Commendations and a brief profile of the cases proposed for awarding the title "Heroic Mother Vietnam"."

23. Amend Clauses 3 and 4 of Article 63 as follows:

"Article 63. Dossier and procedures for awarding titles "Heroic Province", "Heroic City", "Heroic Laborer", "Heroic People's Armed Forces Member"."

3. The dossier for proposing the award of Heroic titles includes three sets (originals), consisting of:

a) The proposal of the central ministries, agencies, mass organizations, provincial-level municipalities (with written recommendations from the same-level Party Committee);

b) Report on achievements of the collective or individual proposed for awarding Heroic titles, confirmed by the competent authority;

c) Minutes and results of secret ballot recommending the award of Heroic titles by the Awards and Commendations Council at the ministry, agency, mass organization, provincial-level municipality level: In cases submitted to the Prime Minister for recommendation to the President for conferring Heroic titles, the number of affirmative votes must be 90% or more of the members of the Council.

4. The dossier submitted by the Central Board of Awards and Commendations to the Prime Minister includes two sets (originals), consisting of: The proposal of the Central Board of Awards and Commendations to the Prime Minister (accompanied by a list) and related dossiers as prescribed in this Clause (i.e., Clause 3 of Article 63 of Decree No. 42/2010/ND-CP amended by this Decree)."

24. Amend Clauses 2 and 4 of Article 64 as follows:

"Article 64. Dossier and procedures for awarding titles "People's Teacher", "Outstanding Teacher", "People's Doctor", "Outstanding Doctor", "People's Artist", "Outstanding Artist"."

"2. The Ministry of Education and Training shall draft and submit to the Government for promulgation a decree stipulating standards, procedures, formalities, and dossiers for proposing the award of titles "People's Teacher" and "Outstanding Teacher"."

The Ministry of Health shall draft and submit to the Government for promulgation a decree stipulating standards, procedures, formalities, and dossiers for proposing the award of titles "People's Doctor" and "Outstanding Doctor"."

The Ministry of Culture, Sports and Tourism shall draft and submit to the Government for promulgation a decree stipulating standards, procedures, formalities, and dossiers for proposing the award of titles "People's Artist" and "Outstanding Artist"."

The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Industry and Trade to draft and submit to the Government for promulgation a decree stipulating standards, procedures, formalities, and dossiers for proposing the award of titles "People's Artist" and "Outstanding Folk Artist"."

4. The dossier for proposing the titles "People's Teacher", "People's Doctor", "People's Artist", "Outstanding Artist" includes three sets (originals), consisting of:

a) The proposal of the State-level Council (accompanied by a list).

b) Summary of individual achievements, confirmed by the State-level Council.

c) Minutes and results of secret ballot of the State-level Council."

25. Add Clause 6 of Article 64 as follows:

"6. The dossier submitted by the Central Board of Awards and Commendations to the Prime Minister includes two sets (originals), consisting of: The proposal of the Central Board of Awards and Commendations to the Prime Minister and related dossiers as prescribed in Clause 24 of this Article (i.e., Clause 4 of Article 64 of Decree No. 42/2010/ND-CP amended by this Decree)."

26. Amend Clause 4 of Article 65 as follows:

"Article 65. Dossier and procedures for awarding the "Ho Chi Minh Prize" and the "State Prize"."

4. The dossier submitted to the Prime Minister includes three sets (originals), consisting of:

a) The proposal of the State-level Council;

b) Report on achievements and related documents and materials of the author concerning the work, creation, cluster of works, cluster of creations, confirmed by the competent authority;

c) Minutes and results of secret ballot of the State-level Award Council."

27. Amend Clause 5 of Article 65 as follows:

"5. The Ministry of Science and Technology shall draft and submit to the Government for promulgation a decree stipulating standards, procedures, formalities, and dossiers for proposing the award of the "Ho Chi Minh Prize" and the "State Prize" in science and technology.

The Ministry of Culture, Sports and Tourism shall draft and submit to the Government for promulgation a decree stipulating standards, procedures, formalities, and dossiers for proposing the award of the "Ho Chi Minh Prize" and the "State Prize" in literature and art."

28. Add Clause 6 of Article 65 as follows:

"6. The dossier submitted by the Central Steering Committee for Commendation and Awards to the Prime Minister includes two sets (originals), consisting of: The proposal from the Central Steering Committee for Commendation and Awards to the Prime Minister (accompanied by a list) and the related dossier as prescribed in Clause 26 of this Article (i.e., Clause 4 of Article 65 of Decree No. 42/2010/NĐ-CP as amended by this Decree)."

Article 2. This Decree takes effect from June 20, 2012.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Councils under central cities, relevant agencies, organizations, units, and individuals shall be responsible for implementing this Decree./.