Circular No. 40/2011/TT-BGTVT (consolidated version) provides procedures for examining and awarding the Commemorative Medal "For the Cause of Developing Vietnam's Transport Industry"

CIRCULAR

Regulations on Procedures for Examination and Awarding of the Commemorative Medal

"For the Development of Vietnam's Transport Industry"

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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. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to 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 Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward;

The Minister of Transport hereby stipulates the procedures for examination and awarding of the Commemorative Medal "For the Development of Vietnam's Transport Industry" as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the subjects, principles, criteria, procedures for examination and presentation of the Commemorative Medal "For the Development of Vietnam's Transport Industry".

Article 2. Subjects for Awarding the Commemorative Medal "For the Development of Vietnam's Transport Industry"

1. Officials, civil servants, employees, Volunteers against France and America, workers who have worked and are currently working in Vietnam's Transport Industry (hereinafter referred to collectively as individuals within Vietnam's Transport Industry).

2. Other individuals not covered by Clause 1 of this Article but who have contributed to the construction and development of Vietnam's Transport Industry (hereinafter referred to collectively as individuals outside Vietnam's Transport Industry).

Article 3. The Commemorative Medal "For the Development of Vietnam's Transport Industry"

1. The Commemorative Medal "For the Development of Vietnam's Transport Industry" (hereinafter referred to collectively as the Commemorative Medal) is a form of reward by the Ministry of Transport to recognize the contributions and encourage the dedication of individuals (including those who have passed away) who have made significant contributions to the construction and development of Vietnam's Transport Industry.

2. The Commemorative Medal has a shape, size, and color that reflect the characteristics of Vietnam's Transport Industry and comply with general state regulations. Accompanying the Commemorative Medal is a Certificate of Recognition of the Commemorative Medal issued by the Ministry of Transport (according to the current model of the Commemorative Medal and Certificate of Recognition).

Article 4. Principles for awarding Commemorative Medals

1. The Commemorative Medal is awarded once to an individual meeting the criteria.

2. The awarding of the Commemorative Medal must be carried out according to the subjects, criteria, and procedures stipulated in these Circulars.

3. The awarding of the Commemorative Medal is conducted annually, ensuring fairness, democracy, and transparency.

4. Individuals who have been awarded the Medal "For the Development of Transport Industry" pursuant to Decision No. 3069/TCCB-LĐ dated June 6, 1995, and the Commemorative Medal "For the Development of Transport Industry" pursuant to Decision No. 22/2005/QĐ-BGTVT dated March 30, 2005, of the Minister of Transport shall not be eligible for the Commemorative Medal under these Circulars.

5. Individuals who voluntarily leave their organizations shall not be eligible for the Commemorative Medal.

Chapter II

CRITERIA AND PROCEDURES FOR AWARDING THE COMMENDATION MEDAL

Article 5. Criteria for Awarding the Commemorative Medal to Individuals within Vietnam's Transport Industry

1. Individuals working in Vietnam's Transport Industry with good moral character, fulfilling assigned tasks, and having at least 20 years of service for males and at least 15 years for females.

2. Individuals transferred from other industries to Vietnam's Transport Industry or from Vietnam's Transport Industry to other industries with continuous 25 years of service, including at least 10 years in Vietnam's Transport Industry for males and at least 8 years for females.

3. Individuals meeting the service duration requirements set forth in Clauses 1 and 2 of this Article but disciplined below the level of dismissal may only be considered for the Commemorative Medal after the disciplinary period has expired. The disciplinary period will not be counted towards eligibility for the Commemorative Medal.

4. Individuals subject to dismissal discipline, criminal prosecution, or involved in criminal cases without a conclusion from competent state authorities shall not be eligible for the Commemorative Medal.

Article 6. Criteria for awarding Commemorative Medals to individuals outside the Vietnam Transport Industry

1. Individuals who have made contributions in leadership and direction that contribute to the construction and development of the Vietnam Transport Industry.

2. Individuals who have proposed innovative ideas or scientific research projects with practical value contributing to the development of the Vietnam Transport Industry.

3. Individuals who have made contributions in building and consolidating cooperative relations between countries and international organizations and the Vietnam Transport Industry, positively contributing to the development of the Vietnam Transport Industry.

4. Individuals who have provided meritorious financial or material support for the development of the Vietnam Transport Industry.

Article 7. Cases for early consideration for awarding

1. Individuals working in the Vietnam Transport Industry in remote, mountainous, highland, and island areas receiving regional allowances of 0.5 or more according to Circular Joint No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 5, 2005 of the Joint Ministries of Interior, Labor, War Invalids and Social Affairs, Finance, and Ethnic Minority Commission shall have their actual working time in these areas multiplied by a factor of 1.5.

2. Individuals who worked in the Vietnam Transport Industry during the anti-French resistance period shall have their working time multiplied by a factor of 1.5.

3. Individuals who worked in Zone 4, Battlefields B, C, K during the anti-American resistance period shall have their working time multiplied by a factor of 1.5.

4. Leaders at the Department level under the Ministry of Transport and leaders of Transport Departments (or former Public Works Departments) may be recommended for consideration for awarding when they have held office for at least one term (five years).

5. The following cases will not be counted towards seniority when considering for awarding:

a) Leaders of the Ministry of Transport (current position, retired on policy or transferred);

b) Individuals working in the Vietnam Transport Industry who have been awarded the title of Labor Hero, Heroic Forces Hero, Labor Medal Class Three or higher, National Model Worker, and Transport Hero.

Article 8. Procedures and methods for implementing procedures for considering and awarding Commemorative Medals to individuals within the Vietnam Transport Industry

1. Preparation of files and review by the Awards and Merit Councils at all levels:

a) Based on the criteria for awarding Commemorative Medals, individuals prepare a summary of achievements and work history according to Appendix 1 of this Circular, submit the file to the direct management agency or the agency before retirement;

b) Annually, the Awards and Merit Council of the agency, organization, or joint conference of the government, party, and mass organizations select individuals (including those who have retired according to current policies, former war invalids, former volunteers, and those who have passed away) who meet the criteria for awarding, compile a list and application file for awarding Commemorative Medals to be submitted for review by the leadership of the agency or organization at the same level;

c) Heads of agencies and organizations under the Ministry; Directors of Transport Departments submit the list and application file for awarding Commemorative Medals to the Awards and Merit Council of the Ministry of Transport (hereinafter referred to as the Awards and Merit Council of the Ministry).

2. The Secretariat of the Awards and Merit Council of the Ministry receives the files, checks, and reviews them for submission to the Minister for decision:

a) For cases meeting the award criteria, the Secretariat of the Awards and Merit Council of the Ministry submits to the Minister of Transport for review and issuance of a Decision to award the Commemorative Medal, and within ten days from the date of the decision, the Secretariat of the Awards and Merit Council of the Ministry will notify the submitting agency or organization;

b) For cases where individual achievements do not meet the award criteria, within ten days from the date the competent authority decides to agree with the reviewing body, the Secretariat of the Awards and Merit Council of the Ministry will notify the submitting agency or organization in writing.

3. After receiving the notification of award, the submitting agency or organization will send a representative directly to the Secretariat of the Awards and Merit Council of the Ministry to receive the Decision, Commemorative Medal, Certificate of Award, and sign the receipt in the Ministry of Transport's management file.

Article 9. Procedure for Implementing the Commendation and Awarding of the Commemorative Medal to Individuals Outside the Vietnam Ministry of Transport

1. The units responsible for competition and reward work under central ministries, sectors, and mass organizations; units and organizations under the Ministry; provincial Departments of Transport under centrally governed cities shall accept applications from individuals and organizations, compare them with the criteria, compile lists, report to the Competition and Reward Council, and submit the application files for the awarding of the Commemorative Medal to the Standing Office of the Competition and Reward Council of the Ministry for consolidation, examination, and submission to the Minister of Transport for approval.

For individuals working in ministries, sectors (at the local level, in provincial departments), state-owned enterprises, political-social organizations, written consent from the respective ministries, sectors (at the local level, in provincial departments), enterprises, and political-social organizations must be obtained.

For individuals not belonging to any organization, confirmation of achievements from the local authority where they have made direct contributions through innovation, scientific research, financial, material, and labor support must be provided.

2. The International Cooperation Department shall be responsible for reviewing achievements, perfecting application files, compiling lists, and submitting them to the Standing Office of the Competition and Reward Council of the Ministry for consolidation and submission to the Minister for decision regarding foreign individuals, overseas Vietnamese, and Vietnamese working for foreign organizations.

3. In special cases, the Standing Office of the Competition and Reward Council of the Ministry shall be responsible for proposing eligible candidates for the awarding of the Commemorative Medal and preparing application files for submission to the Minister for decision.

Article 10. Application Files for the Awarding of the Commemorative Medal to Individuals within the Vietnam Ministry of Transport

1. A proposal for the awarding of the Commemorative Medal from the head of the unit or organization under the Ministry of Transport, or the Director of the Provincial Department of Transport (one original copy) in accordance with Appendix 2 of this Circular;

2. A list of proposed awardees (one original copy) in accordance with Appendix 3 of this Circular;

3. A summary of the individual's achievements and career history, confirmed by the recommending level and the head of the managing unit or organization (one original copy). For individuals who have retired according to current regulations, the managing unit or organization issues a retirement decision confirming this (for cases where the managing unit or organization has been dissolved or merged, the unit or organization taking over its responsibilities shall be responsible for reviewing and confirming).

4. Copies of relevant decisions concerning the awarding of the Commemorative Medal as stipulated in Article 7 of this Circular.

Article 11. Application Files for the Awarding of the Commemorative Medal to Individuals Outside the Vietnam Ministry of Transport

1. Application files for the awarding, including:

a) A proposal for the awarding of the Commemorative Medal from the head of units or organizations under the Ministry of Transport, Provincial Department of Transport Directors, and leaders of non-Ministry of Transport units or organizations (one original copy);

b) A list of proposed awardees (one original copy);

c) A summary of the individual's achievements and contributions to the development of the Vietnam Ministry of Transport (one original copy) in accordance with Appendix 4 of this Circular.

2. The heads of units or organizations under the Ministry of Transport, Provincial Departments of Transport, and non-Ministry of Transport units or organizations proposing the awarding of the Commemorative Medal to individuals outside the Ministry of Transport shall be responsible for reviewing and ensuring the authenticity of the application files.

Article 12. Time for submission of application files and time limit for processing procedures to award Commemorative Medals

1. Each year, the Heads of agencies and organizations under the Ministry of Transport, the Directors of Provincial Departments of Transport shall examine and prepare application files for the award of Commemorative Medals and submit them to the Standing Committee of the Competition and Reward Council of the Ministry before June 1st. As for individuals outside the transport sector, the time for submitting application files does not necessarily follow this provision.

2. Method of submission of application files: Submit directly or send through the postal system.

3. The time limit for processing application files is seven working days from the date of receipt of complete application files as prescribed.

Article 13. Awarding Commemorative Medals

The Heads of agencies and organizations under the Vietnamese Transport Sector are responsible for organizing the presentation of Commemorative Medals to individuals proposed for the award by their own agencies and organizations in a solemn and economical manner.

Chapter III

RIGHTS AND RESPONSIBILITIES OF INDIVIDUALS AWARDED COMMENDATION MEDALS

Article 14. Rights and responsibilities of individuals awarded Commemorative Medals

1. To receive the Decision on awarding Commemorative Medals, Commemorative Medals, and Certificates of Commemorative Medal awarded by the Ministry of Transport.

2. To have their names recorded in the traditional golden book of the Vietnamese Transport Sector.

3. To be entitled to monetary or material rewards of equivalent value as stipulated in Clause 2, Article 76 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 Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards.

4. Individuals awarded Commemorative Medals are responsible for preserving and using the Commemorative Medals during festivals and traditions of the Vietnamese Transport Sector.

5. Not to lend the Commemorative Medal to others.

Chapter IV

HANDLING VIOLATIONS AND SETTLING COMPLAINTS AND REPORTS ON AWARDING COMMENDATION MEDALS

Article 15. Handling violations related to awarding Commemorative Medals

1. Any individual who reports untruthfully about the criteria set forth to be eligible for the award of Commemorative Medals shall have their Decision on awarding Commemorative Medals, Commemorative Medals, and Certificate of Commemorative Medal revoked.

2. The Standing Committee of the Competition and Reward Council of the Ministry is responsible for reviewing and presenting to the Minister for a decision to revoke the Commemorative Medal.

Article 16. Settling complaints and reports on awarding Commemorative Medals

The procedures, formalities, time limits, and authority for settling complaints and reports on awarding Commemorative Medals shall be carried out in accordance with the laws on complaints and reports.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Decision No. 22/2005/QĐ-BGTVT dated March 30, 2005 of the Minister of Transport on the issuance of Commemorative Medals and Regulations on awarding Commemorative Medals "For the Transport Industry Cause."

Article 18. Implementation Organization

1. The Standing Committee of the Competition and Reward Council of the Ministry is responsible for organizing the implementation, guidance, inspection, and urging the implementation of this Circular.

2. Annually, the Standing Committee of the Competition and Reward Council of the Ministry is responsible for preparing plans and budget estimates for producing Commemorative Medals, printing Certificates of Commemorative Medals, and coordinating with relevant agencies and organizations to include them in the annual budget plan of the Ministry.

3. The Heads of agencies and organizations under the Ministry, the Directors of Provincial Departments of Transport of provinces and centrally governed cities are responsible for implementing this Circular, cooperating in reviewing, checking, comparing, and confirming the personnel records of officials, civil servants, employees, and workers under their agencies and organizations to ensure compliance with the specified target groups and criteria.

4. During the implementation process, if there are any emerging issues or difficulties, it is requested that agencies, organizations, and individuals promptly reflect these to the Standing Committee of the Competition and Reward Council of the Ministry for research, supplementation, and completion.