Circular No. 43/2011/TT-BCT detailing the implementation of competition and reward work in the Industry and Trade sector

CIRCULAR

Regulations on the implementation of competition and reward activities in the Industry and Trade sector

________________________

 

Based on Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, which has been amended and supplemented by Decree No. 44/2011/ND-CP dated June 14, 2011 of the Government;

Based on the Competition and Reward Law dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Competition and Reward Law dated June 14, 2005 (hereinafter referred to as the Competition and Reward Law);

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

The Ministry of Industry and Trade hereby details the implementation of competition and reward activities in the Industry and Trade sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of competition and reward activities in the Industry and Trade sector, including: forms and contents of organizing competition movements; titles of commendation and their criteria; forms, subjects, and criteria for rewards; authority to decide on granting awards, procedures, and application files for rewards; Competition and Reward Councils at all levels; competition and reward funds, and handling violations related to competition and reward;

Article 2. Applicability

1. Competitors

The subjects of competition under this Circular include: officials, civil servants, public employees, laborers within the establishment and indefinite-term labor contracts; workers with actual working time of ten (10) months or more, working at agencies and units under the Ministry of Industry and Trade, Provincial Departments of Industry and Trade under central cities (hereinafter referred to as individuals); agencies and units under the Ministry of Industry and Trade, Provincial Departments of Industry and Trade, enterprises under provincial and central city administrations (hereinafter referred to as groups);

2. Recipients of rewards

a) Subjects as prescribed in Clause 1 of this Article;

b) Individuals and groups operating in the Industry and Trade field in agencies and units under ministries, sectors, and localities;

c) Vietnamese individuals and groups abroad and foreign individuals and groups who have made significant contributions to the construction, protection, and development of Vietnam's Industry and Trade sector;

Article 3. Objectives of Competition and Reward

Competition and reward activities aim to create motivation, encourage, and honor groups and individuals who enthusiastically engage in creative labor competitions, striving to complete assigned tasks excellently, contributing to the development of the Industry and Trade sector;

Article 4. Principles of competition and reward

1. Principles of Competition

a) Voluntary, conscientious, transparent; ensuring a spirit of solidarity, cooperation, and mutual development;

b) Bestowing competition titles must be based on the results of the competition movement;

c) Individuals and groups participating in the competition movement must register for competition, set competition goals, and criteria. Those individuals and groups not registering for competition will not be considered or recognized for competition titles;

2. Principles of Reward

a) Accurate, transparent, democratic, fair, and timely based on the correct assessment of the work performance of groups and individuals; emphasizing quality according to standards, without forcing quantity; rewards for groups and individuals do not necessarily follow a sequence from lower-level rewards to higher-level ones, but rather recognize achievements as they occur. Achievements obtained under difficult conditions and with wide-ranging impacts shall be considered and proposed for higher-level rewards;

b) A reward form can be given multiple times to the same subject;

c) Ensure consistency between the nature, form, and recipient of commendation.

d) Closely combining spiritual encouragement with material incentives.

Article 5. Responsibilities of Heads of Agencies and Units in Competition and Commendation Work

1. The Minister shall initiate and direct competition movements within the entire Sector. The Ministry's Competition and Commendation Council shall be responsible for advising the Minister on the content of competitions and organizing competition movements.

2. Heads of agencies and units shall organize the initiation and direction of competition movements within their managed agencies and units.

3. Organizations under agencies and units need to closely coordinate with the Heads of the same level to direct the organization of the initiation and maintenance of regular competition movements, expand competition movements and exemplary models within their agencies and units; proactively identify and select collectives and individuals with outstanding achievements for commendation or recommend higher-level commendation according to this Circular.

Article 6. Responsibilities of Industry Press Agencies

Industry newspapers and magazines have the responsibility to regularly publicize competition and commendation work; disseminate and set examples of advanced models, good people and deeds, promote competition movements; identify individuals and collectives with outstanding achievements in competition movements; combat and criticize violations of laws on competition and commendation within the Industry and Trade sector.

Article 7. Obligations and Benefits of Individuals and Collectives Receiving Commendation

1. Individuals receiving commendation titles and forms of commendation shall be awarded Certificates of Merit, Letters of Commendation, Certificates of Recognition, and monetary or material rewards as prescribed; they have the right to retain, display, and use Certificates of Merit, Letters of Commendation, Certificates of Recognition, and material rewards; they may be considered for early promotion according to regulations; they are given priority for research, study, work, and training to improve professional qualifications both domestically and internationally; commendation titles and forms are among the bases for evaluating, planning, appointing, and reappointing cadres annually.

2. Collectives receiving commendation titles and forms of commendation shall be awarded Certificates of Merit, Letters of Commendation, Certificates of Recognition, and monetary or material rewards as prescribed; they have the right to retain, display, and use Certificates of Merit, Letters of Commendation, Certificates of Recognition, or material rewards on official documents and materials of their agencies and units.

3. Collectives and individuals recognized with commendation titles and forms of commendation shall be responsible for maintaining and promoting their achieved results, striving to achieve higher commendation titles and results; preserving material rewards. It is strictly prohibited to buy, sell, rent, lend, give away, or transfer material rewards in any form.

Chapter II

FORMS, CONTENTS OF ORGANIZING COMPETITION MOVEMENTS, COMPETITION TITLES, AND STANDARDS FOR COMPETITION TITLES

Article 8. Forms of Organizing Competitions

1. Regular competitions are organized and implemented daily, monthly, quarterly, and annually to achieve set goals, targets, and work programs.

2. Periodic and thematic competitions are organized to enhance the quality and effectiveness of work, strive to excellently complete key and urgent tasks within a specific period, or resolve difficult, complex issues, and weaknesses.

a) The Industry and Trade sector organizes periodic and thematic competitions to strive to successfully implement five-year and annual socio-economic development plans assigned by the State.

b) Agencies and units within the sector organize competitions to celebrate traditional days of the sector, agencies, and units, and anniversaries of their establishment.

Article 9. Content of organizing competitive movements

1. Clearly define the objectives, scope, target groups for competition, set out specific targets, slogans, contents of the competition, and the duration of the competition. The determination of the content and criteria for the competition must be scientific, suitable to the practical conditions of each agency or unit, and feasible.

2. Determine measures to organize competitive movements; adopt appropriate forms to launch competitive movements, emphasizing the promotion of the significance of the competition period, and fostering a sense of responsibility.

3. Launch and direct the implementation of competitive movements; have plans to implement measures to mobilize and promote competition, monitor the process of organizing competitions, organize pilot guidance to draw lessons and disseminate good practices for participants in the competition.

4. Summarize and conclude on the competitive movement, evaluate the results of the competition. For long-term competition periods (lasting one year or more), agencies and units must organize mid-term summaries to draw lessons; at the end of short-term competition periods (less than one year) or each phase, conduct summaries and conclusions to evaluate the results; publicly select, review, commend, and reward individuals and collectives who achieve outstanding results in the competitive movement. Promote and disseminate exemplary models of advanced practices within agencies and units.

Article 10. Registration for Competition Titles

Annually, no later than March 15, agencies and units shall organize for individuals and collectives to register their efforts to participate in competitive movements, competition targets, competition titles, and submit the registration form (according to Form 1a and 1b in Appendix 1 issued together with this Circular) to the Ministry for monitoring, serving as the basis for awarding competition titles.

Article 11. Competition Titles

1. For Individuals

a) National Model Worker;

b) Outstanding Soldier of the Ministry;

c) Grassroots Model Worker;

d) Advanced Worker.

2. For Collectives

a) Flag of Government Competition;

b) Flag of the Ministry;

c) Outstanding Labor Group;

d) Advanced Labor Group.

Article 12. Criteria for Competition Titles

1. Individuals achieving the title of National Outstanding Soldier

Follow the provisions stipulated in Article 21 of the Law on Competitions and Rewards and Article 15 of Decree No. 42/2010/NĐ-CP.

2. Individuals achieving the title of Outstanding Soldier of the Ministry

a) Have outstanding achievements, standing out among those individuals who have continuously achieved the title of Outstanding Soldier of the Base for three (three) consecutive times;

b) Achievements have a positive impact within the Industry and Trade sector.

3. Individuals achieving the title of Outstanding Soldier of the Base

a) Advanced Worker;

b) Propose technical improvements, work solutions, research topics, or apply new technologies to increase labor productivity and improve work efficiency.

Individuals proposing technical improvements, work solutions, research topics, or applying new technologies must be recognized by the Technical Improvement Review Board at the base level. The Technical Improvement Review Board at the base level is established by the Head of the agency or unit authorized to recognize the title of "Outstanding Soldier of the Base". The board consists of members with professional management and technical expertise, capable of evaluating and appraising technical improvements or solutions and topics in management and organizational implementation of tasks of the agency or unit.

4. Individuals achieving the title of "Advanced Worker"

a) Meet the criteria stipulated in Clause 1 of Article 24 of the Law on Competitions and Rewards;

b) Female employees on maternity leave according to state regulations and individuals who bravely save people or property due to injuries requiring medical treatment, rehabilitation as concluded by health authorities, will still have their leave time counted towards consideration for the title of "Advanced Worker";

c) For individuals sent for short-term training or enhancement under one (one) year, if they achieve satisfactory academic results and comply well with the rules of the training institutions, their performance during the training period can be combined with their work performance at the agency or unit to assess the title of “Advanced Worker”. In cases where individuals attend training or education for one (one) year or longer and achieve satisfactory academic results, that year is considered equivalent to the title of “Advanced Worker” for the purpose of considering for competition titles and other forms of rewards;

d) For individuals transferred to a new position, the new unit is responsible for assessing and voting for the title of “Advanced Worker” based on the comments from the previous unit (for cases where the individual worked at the previous unit for six months or more);

đ) Do not consider the title of “Advanced Worker” for the following cases: Not registered for competition; newly hired for less than ten months; absent from work for forty working days or more; administratively punished; disciplined with a warning or higher;

5. Collectives achieving the title of Flag of the Government

Meet the criteria stipulated in Article 25 of the Law on Competitions and Rewards and Article 16 of Decree No. 42/2010/NĐ-CP.

6. Collectives achieving the title of Flag of the Ministry

a) Exceed the competition targets and assigned tasks for the year; these are exemplary collectives that excel in completing their work tasks;

b) Have new factors or models for other collectives in the Industry and Trade sector to learn from;

c) Internal unity, actively practicing thrift, combating waste, corruption, and other social evils.

7. Collectives achieving the title of Excellent Worker

Meet the criteria stipulated in Clause 1 of Article 27 of the Law on Competitions and Rewards.

8. Collectives achieving the title of Advanced Worker

Meet the criteria stipulated in Clause 1 of Article 28 of the Law on Competitions and Rewards.

9. Method of Awarding Titles

a) The awarding of titles specified in Clauses 1, 2, and 3 of this Article is conducted annually;

b) The awarding of the title of "Outstanding Soldier of the Base" specified in Clause 3 of this Article is carried out with a ratio of no more than 20% of the number of cadres, civil servants, public officials, and workers in the agency or unit who have achieved the title of "Advanced Worker";

c) The awarding of the title of "Advanced Worker" specified in Clause 4 of this Article, for individuals who are cadres, civil servants, public officials, and workers employed in agencies and units under the Ministry, must be selected from those who have completed assigned tasks and have registered to complete tasks well (completing assigned tasks, achieving high productivity and quality).

d) The awarding of the Flag of Excellence by the Government as stipulated in Clause 5 of this Article shall be conducted annually during the year-end summary of work of the Ministry (for educational institutions, at the end of the academic year) for outstanding collectives that have comprehensively exceeded their assigned tasks for the year; having new factors or models for other collectives in the entire sector to emulate. Annually, based on the registration of excellence competition with the Government (through the Central Steering Committee for Mobilization and Reward), the Ministry of Industry and Trade allocates the number of Flags to agencies and units within the sector.

đ) The awarding of the Flag of Excellence by the Ministry as stipulated in Clause 6 of this Article shall be conducted annually during the year-end summary of work of the Ministry; for educational institutions, at the end of the academic year. Annually, the Ministry issues specific guidance on allocating the number of Flags of Excellence from the Ministry to agencies and units under the Ministry and Provincial Departments of Industry and Trade under central cities.

e) The awarding of the title "Outstanding Labor Collective" as stipulated in Clause 7 of this Article shall be selected from among outstanding collectives that have achieved the title "Advanced Labor Collective."

g) For newly established agencies, units, and enterprises, they must have been operating for at least one year (12 months) before being eligible for the titles "Advanced Labor Collective" and "Outstanding Labor Collective."

h) Before March 15 each year, units in the Industry and Trade sector register for the Flag of Excellence from the Government and the Flag of Excellence from the Ministry with the Department of Mobilization and Reward.

Chapter III

FORMS OF REWARD AND AWARD

Article 13. Forms of Organizing Rewards

1. Regular rewards are forms of rewarding collectives and individuals who have achieved outstanding results after completing annual plans or multi-year plans.

2. Special topic rewards are forms of rewarding collectives and individuals who have achieved outstanding results when summarizing the implementation of target programs or special topics such as conferences, festivals, exhibitions, and directly linked to the directives of units under the Ministry for grassroots units in the Industry and Trade sector.

3. Unexpected rewards are forms of rewarding collectives and individuals who have achieved unexpected and particularly outstanding results, including inventions, innovations, scientific works, and national-level awards or high international contest awards, which serve as role models within the Ministry and sector, not included in the competition targets or not participating in signed competition agreements.

Article 14. Forms of Reward

1. State reward forms

Orders, Medals, National Honorary Titles, Ho Chi Minh Prize, State Prize, Certificates of Merit from the Prime Minister.

2. Reward forms of the Ministry

a) Certificate of Merit from the Minister of Industry and Trade;

b) Commemorative Medal for the Development of the Industry and Trade Sector;

c) Women's Scientific Creativity Award in the Industry and Trade Sector.

3. Reward forms of the head of an agency or unit with its own account, seal, and legal personality

Certificate of Merit.

Article 15. Standards for Reward Forms

1. Orders, Medals, Certificates of Merit from the Prime Minister, National Honorary Titles, Ho Chi Minh Prize, State Prize shall be implemented according to the provisions in Chapter III of the Law on Mobilization and Reward and Chapter III of Decree No. 42/2010/NĐ-CP.

2. The title of People's Artist and Outstanding Artist shall be implemented according to Circular No. 01/2007/TT-BCN dated January 11, 2007, of the Ministry of Industry (now the Ministry of Industry and Trade) guiding standards, procedures, formalities, and files for the awarding of the titles of People's Artist and Outstanding Artist.

3. The Commemorative Medal for the Development of the Industry and Trade Sector shall be implemented according to the Regulation on the Awarding of the Commemorative Medal for the Development of the Industry and Trade Sector issued together with Decision No. 46/2008/QĐ-BCT dated December 17, 2008, of the Minister of Industry and Trade.

4. The Women's Scientific Creativity Award in the Industry and Trade Sector shall be implemented according to the Regulation on the Awarding of the Women's Scientific Creativity Award in the Industry and Trade Sector issued together with Decision No. 38/2008/QĐ-BCT dated October 21, 2008, of the Minister of Industry and Trade.

5. Certificate of Merit from the Minister of Industry and Trade for individuals

a) Completing tasks excellently and consecutively twice achieving the title of Model Soldier in Competition before the time of recommendation;

b) Achieving outstanding results, recognized during competition campaigns launched by the Ministry of Industry and Trade;

c) Achieving unexpected and particularly outstanding results;

d) Having a long-term career or many contributions to the construction, protection, and development of the Industry and Trade sector, awarded on the occasion of commemorating the founding day of the sector, agency, or unit;

đ) Other cases decided by the Minister.

6. Certificate of Merit from the Minister of Industry and Trade for collectives

a) Meeting the criteria specified in Clause 2 of Article 72 of the Law on Mobilization and Reward;

b) Completing tasks excellently and consecutively twice achieving the title of "Outstanding Labor Collective," or achieving outstanding results recognized during competition campaigns launched by the Ministry of Industry and Trade;

The awarding of rewards for agencies, units, and small collectives within agencies and units under the Ministry that achieve unexpected and particularly outstanding results or have achievements in building, protecting, and developing the agency or unit on the occasion of the anniversary of the agency or unit shall be carried out during the year-end work summary of the Ministry.

7. Certificate of Merit from the head of an agency or unit with its own account, seal, and legal personality

Implemented according to the provisions of Article 75 of the Law on Mobilization and Reward and Article 50 of Decree No. 42/2010/NĐ-CP.

8. Competition campaigns can be organized on a large scale within a unit, locality, or industry

a) When conducting mid-term or final summaries of competition campaigns, mainly the form of reward from the initiating level (Certificate of Merit, Certificate of Merit) shall be implemented.

b) In cases where a review or summary of a campaign or special topic competition lasts for five years or more, the leading unit initiating the competition shall select outstanding collectives and individuals to recommend to the Prime Minister for Commendation. In exceptional cases of outstanding excellence, they may recommend to the President for the award of the Labor Medal, third class, with the main focus on rewarding direct workers and employees.

Chapter IV

AUTHORITY TO DECIDE ON, BESTOW, PROCEDURES, FILES AND THE PROCESS OF RECOMMENDING AWARDS

Article 16. Authority to decide on and bestow awards

1. The Ho Chi Minh Award, State Awards, National Honorary Titles, the Flag of Excellence from the Government, National Model Worker, and the Commendation from the Prime Minister shall be implemented according to the provisions of Articles 77 and 78 of the Law on Competitions and Rewards.

2. The Minister of Industry and Trade decides to confer the following commendations:

a) The Flag of Excellence of the Ministry;

b) The Model Worker of the Ministry.

3. The Minister of Industry and Trade decides to confer the following forms of reward:

a) Commendation.

b) Commemorative Medal for the Development of the Industry and Trade Sector;

c) Women's Scientific Creativity Award in the Industry and Trade Sector.

3. The heads of agencies and units with legal personality, separate accounts, and separate seals decide to confer the following commendations:

a) Advanced Labor Collective;

b) Excellent Labor Collective;

c) Advanced Worker;

d) Model Worker at the grassroots level.

4. The heads of agencies and units with separate accounts and seals, having legal personality, decide to confer the form of reward of Certificate of Merit.

5. For enterprises that are members of economic groups, holding companies (or equivalent), the enterprise directors assess and confer the titles "Advanced Worker", "Advanced Worker Collective", "Outstanding Worker Collective", and the title "Model Worker at the Grassroots Level".

Article 17. Ceremony for bestowing commendations and rewards

Announcing and bestowing commendations and rewards is an occasion to honor exemplary models and outstanding deeds. Ceremonies must be solemn, practical, economical, avoiding ostentation and waste.

1. Organizing rallies, commemorative ceremonies, bestowing and receiving national honorary titles, Medals, Orders, Flags of Excellence from the Government, and Commendations from the Prime Minister shall be carried out according to the provisions of Decree No. 154/2004/NĐ-CP dated August 9, 2004 of the Government.

2. The Minister of Industry and Trade, authorized by Party and State leaders, presents the Flag of Excellence from the Government to agencies and units under the Ministry and directly presents the Flag of Excellence of the Ministry and the Commendation of the Minister to agencies and units under the Ministry and Provincial Departments of Industry and Trade at the annual work summary conference of the Ministry.

3. The Minister of Industry and Trade authorizes the heads of agencies and units responsible for organizing the bestowal of commendations and rewards as follows:

a) For Medals and Orders, after receiving notifications from the Department of Competitions and Rewards and decisions and reward items, the head of the agency or unit shall plan the organization, reception, and report to the Minister (through the Department of Competitions and Rewards). After receiving instructions from the Minister, the Department of Competitions and Rewards will coordinate with relevant agencies and units to announce and present, possibly combining with other practical programs of the agency or unit to save time and costs. For some special cases, the Department of Competitions and Rewards will plan the reception and report to the Minister and organize the announcement and presentation.

b) For the title of National Model Worker and the form of reward of Commendation from the Prime Minister for individuals and collectives, the head of the agency or unit shall proactively plan and organize the announcement and presentation to the individuals and collectives being rewarded under their management and inform the Department of Competitions and Rewards for guidance and monitoring.

c) For commendations and rewards within the authority of the Minister of Industry and Trade, the Minister authorizes the heads of agencies and units to announce and present to individuals and collectives under their management.

d) For collectives and individuals receiving commendations and rewards within the authority of the head of the agency or unit, the agency or unit shall organize it.

Article 18. Commendation Procedures

The level that initiates a competition shall select outstanding individuals and collectives for rewards or recommend higher levels to reward them.

The heads of agencies and units under the Ministry are responsible for rewarding within their authority or recommending higher levels to reward individuals and collectives under their management.

For Provincial Departments of Industry and Trade

a) Proposals for conferring national commendations and rewards are examined and submitted by the People's Committee of the province or centrally-administered city according to the provisions of the Law on Competitions and Rewards, Decree No. 42/2010/NĐ-CP, and guiding documents of the People's Committee of the province or centrally-administered city;

b) The Ministry of Industry and Trade agrees with the recommendations for national commendations and rewards proposed by the People's Committee of the province or centrally-administered city or the Central Board of Competitions and Rewards;

c) Proposals for commendations and rewards within the decision-making authority of the Minister of Industry and Trade are handled like those of agencies and units under the Ministry.

4. For units outside the industry

The heads of agencies and units with working relations propose to competent authorities for consideration and recommendation to the Minister of Industry and Trade for rewards within their authority.

Article 19. Application for Awards

1. The Department of Competition and Rewards shall be responsible for receiving applications for awards from agencies and units under the Ministry and outside the sector.

2. For Commendation Certificates and Excellence Flags of the Ministry of Industry and Trade, one set of application files includes:

a) A proposal for awarding commendations from the Director of the Department of Industry and Trade of provinces and centrally governed cities regarding collectives and individuals under their Departments or heads of agencies and units under the Ministry, accompanied by a list (Annex 2);

b) Minutes of meetings of the Competition and Rewards Council of the Department of Industry and Trade of provinces and centrally governed cities or minutes of meetings of the Competition and Rewards Council of agencies and units under the Ministry (Annex 3);

c) Reports on achievements of collectives (signed and stamped by the head of the agency or unit) and individuals (signed, with full name clearly stated, and confirmed by the head of the agency or unit signing and stamping) proposed for commendation (Annexes 4 and 5);

d) Copies of Decisions or Certificates recognizing the title of "Model Worker at the Grassroots Level" or "Excellent Labor Collective" issued by competent authorities;

đ) Confirmation of inventions, improvements, and application of new technologies, scientific research topics by the Scientific Council or Invention Council of the agency or unit; Copies of National and International Awards (if any).

3. For the title of Hero of Labor, the application file shall be implemented according to Clause 3 of Article 63 of Decree No. 42/2010/NĐ-CP (Annexes 6 and 7).

4. For the title of National Model Worker, the Flag of Government, and other forms of commendation such as Orders, Commendation Certificates of the Prime Minister, Medals, the application file shall be implemented according to Clauses 3 of Article 54, Clause 5 of Article 56, Clause 4 of Article 57, Clause 2 of Article 58, and Clause 2 of Article 60 of Decree No. 42/2010/NĐ-CP, including:

a) A proposal for commendation (Annex 2);

b) Minutes of meetings of the Competition and Rewards Council (Annex 3);

c) Copies of decisions or certificates recognizing the titles of excellence and other forms of commendation given by competent authorities to collectives and individuals proposed for commendation;

d) Reports on achievements of individuals and collectives proposed for commendation must have signatures and full names of the preparers and signatures and stamps (if any) confirming by the head of the agency or unit (Annexes 4 and 5);

đ) Summary reports on achievements of individuals and collectives (no more than two A4 pages);

e) Confirmation of inventions, improvements, and application of new technologies by the Scientific Council or Invention Council of the unit; Copies of national and international awards (Annex 8);

g) Confirmation of fulfilling state budget payment obligations for collectives and individuals who are heads of agencies and units with state budget payment obligations (confirmed by the tax authority of the province or centrally governed city);

h) Opinions of local People's Committees (communes, wards) on activities in their areas;

i) For collectives and individuals within the industry (provinces and centrally governed cities), relevant ministries, sectors, and central mass organizations need to seek the agreement of the Ministry of Industry and Trade by submitting achievement reports along with letters requesting agreement.

5. For sudden awards, during campaigns, or on specific topics

The application file shall be implemented according to Clauses 2 and 3 of Article 61 of Decree No. 42/2010/NĐ-CP, including:

a) A proposal for awarding commendations from agencies and units, accompanied by a list of individuals and collectives proposed for commendation (Annex 2);

b) Summary reports on achievements prepared by directly managing agencies and units (clearly stating achievements and merits) to propose commendations (Annex 9 or Annex 10).

6. For awards recognizing long-term contributions, the application file shall be implemented according to Decree No. 42/2010/NĐ-CP, including:

a) A proposal for awarding commendations from agencies and units managing cadres before retirement (Annex 2);

b) Reports on achievements (Annex 11).

7. For awards to foreigners, the application file shall be implemented according to Decree No. 42/2010/NĐ-CP, including:

a) A proposal for awarding commendations from agencies and units where foreigners work (Annex 2);

b) Reports on achievements (Annex 12).

8. Certificates recognizing the titles of Model Worker at the Ministry Level, Excellent Labor Collectives, Model Workers at the Grassroots Level, and Advanced Labor Collectives (Annexes 13 and 14).

Article 20. Time for Receiving Application Files

1. Regular rewards within the authority of the Ministry

a) For annual regular rewards for commendation titles under the authority of the Minister and the Flag of Excellence from the Government, the latest date shall be December 15 each year (based on the postmark);

b) For the title of National Vanguard Soldier, the latest date shall be February 20 each year (based on the postmark);

c) For Medals, Orders, Certificates of Merit from the Prime Minister, and the title of Labor Hero, there is no specified time limit for receiving application files.

2. For commendation titles and reward forms prescribed in Clause 3, Article 16 of this Circular under the authority of the Heads of agencies and units, the Heads of agencies and units shall examine and decide the time for receiving application files.

3. For sudden rewards and thematic rewards, the application files must be sent no later than fifteen days from the date of achieving sudden achievements or after the completion of thematic work.

Article 21. Procedure for Proposing Rewards

After receiving the application file for proposing rewards or endorsing rewards, the Department of Mobilization and Reward has the responsibility to review the commendation titles and reward forms according to current regulations and compile them for the Chairman of the Mobilization and Reward Council to consider and decide or seek opinions from members of the Council in writing. The results of the assessment by the Council are compiled for the Minister to decide. The procedure for proposing rewards for specific subjects is as follows:

1. For cases proposing rewards of the Golden Star Medal, Ho Chi Minh Medal, and the title of Labor Hero, the Department of Mobilization and Reward reports to seek guidance from the Minister and the Chairman of the Mobilization and Reward Council before convening the Mobilization and Reward Council of the Ministry and in the file submitted to the Prime Minister (through the Central Mobilization and Reward Board for review to submit to the Prime Minister for approval by the State President), there must be a written opinion of the Party Cadre and Civil Servants' Committee of the Ministry of Industry and Trade.

2. For cases considering awards of commendation titles and reward forms for individuals and groups of agencies and units under the Ministry, the Heads of agencies and units prepare the report, minutes of the meeting of the Mobilization and Reward Council at the grassroots level, and a summary report of the achievements of the individuals and groups proposed for rewards, which are sent to the Department of Mobilization and Reward for review and submission to the Mobilization and Reward Council of the Ministry for consideration.

The Department of Mobilization and Reward completes the file for the Minister to decide on rewards within their authority or submits it to the Prime Minister for decision (through the Central Mobilization and Reward Board).

3. For cases considering awards of commendation titles and reward forms of the Flag of Excellence of the Ministry and Certificates of Merit from the Ministry for individuals and groups under the Provincial Departments of Industry and Trade, the Department of Mobilization and Reward compiles, reviews, and submits to the Mobilization and Reward Council of the Ministry for consideration and completes the file for the Minister to decide.

4. For cases rewarding individuals and groups outside the industry, the Heads of agencies and units with direct relations prepare the report along with a summary report of the achievements of the individuals and groups proposed for rewards, which are sent to the Department of Mobilization and Reward for compilation, review, and submission to the Mobilization and Reward Council of the Ministry for consideration and completion of the file for the Minister to decide.

5. The Department of Mobilization and Reward is responsible for proposing to the Mobilization and Reward Council of the Ministry to submit to the Minister for consideration and propose rewards of commendation titles and reward forms for the Leadership of the Ministry to the competent authorities.

Chapter V

THE MOBILIZATION AND REWARD COUNCILS AT ALL LEVELS

Article 22. Competition and Reward Councils at all levels in the Industry and Trade Sector

1. Establish the Competition and Reward Council of the Ministry of Industry and Trade to direct competition and reward activities within the Industry and Trade Sector.

2. Establish Competition and Reward Councils at agencies and units under the Ministry to direct competition and reward activities within their respective agencies and units.

Article 23. Authority to Decide on the Establishment of Competition and Reward Councils at all Levels in the Industry and Trade Sector

1. The Minister decides on the establishment of the Competition and Reward Council of the Ministry.

2. The head of agencies and units under the Ministry that have separate accounts, seals, and legal personality decides on the establishment of the Competition and Reward Council of their respective agencies and units.

Article 24. Composition of Competition and Reward Councils at all Levels in the Industry and Trade Sector

1. The composition of the Competition and Reward Council of the Ministry shall be implemented according to Decision No. 1358/QĐ-BCT dated March 5, 2008, of the Minister of Industry and Trade.

2. The composition of the Competition and Reward Council of agencies and units with separate accounts, seals, and legal personality includes:

a) The Chairman is the Head of the agency or unit;

b) Deputy Chairperson is the Chairman of the Trade Union of the agency or unit;

c) Standing Member is a person holding one of the following positions: Director of the Office, Head of Administrative, Organization, or Comprehensive Department, or an individual responsible for competition and reward work of the agency or unit;

d) Members include representatives from the Party Committee, Ho Chi Minh Communist Youth Union, Heads of departments, divisions, specialized units, decided by the head of the agency or unit based on the principle of having 3, 5, 7, 9, or 11 members.

Article 25. Principles of Operation, Duties, and Powers of Competition and Reward Councils at all Levels

1. Competition and Reward Councils at all levels assist the head of the agency or unit at the same level in competition and reward work, operate according to the principle of democratic centralism and majority voting. In case the opinions of the members of the Competition and Reward Council are evenly divided, the opinion of the Chairman of the Council shall prevail.

2. The principles of operation, duties, and specific powers of the Competition and Reward Council of the Ministry shall be carried out according to the Regulation on the Operation of the Competition and Reward Council of the Ministry of Industry and Trade issued together with Decision No. 2033/QĐ-BCT dated March 31, 2008, of the Minister of Industry and Trade.

3. The principles of operation, specific duties, and powers of the Competition and Reward Council of agencies and units shall be stipulated by the head of the agency or unit without contravening the Regulation on the Operation of the Competition and Reward Council of the Ministry.

Chapter VI

ANNOUNCEMENT OF REWARD RESULTS, STORAGE OF AWARD FILES,

USE OF COMPETITION AND REWARD FUNDS

Article 26. Announcement of Reward Results

1. For collectives and individuals meeting the criteria for rewards and who have been awarded rewards by competent authorities, the agency reviewing the file must notify the proposing unit of the reward results within a period not exceeding fifteen (15) days from the date of the reward decision.

2. For cases where the criteria for rewards are not met, the reviewing agency must notify (with clear reasons) the proposing unit of the reward results within the time limit of fifteen days as prescribed in Clause 1 of this Article.

3. In cases where the files are submitted outside the designated review route, the reviewing agency must notify and return the files within a period not exceeding five (5) days from the date of receipt of the files to the proposing unit of the reward.

Article 27. Archiving Commendation Files

1. The Commendation Councils at all levels shall be responsible for archiving commendation files of their respective levels according to regulations to record achievements of generations for the revolutionary cause of the Party and the nation, educate traditions, build agencies and units, and serve the purpose of searching, resolving citizen complaints or confirming eligibility for policy benefits when requested.

2. Commendation files must be handed over to the agency or unit's archives upon expiration of the retention period as prescribed by law.

Article 28. Management and Use of Incentive and Commendation Funds

1. The incentive and commendation fund of the Ministry shall be implemented in accordance with Clause 1 of Article 67 of Decree No. 42/2010/NĐ-CP; Circular No. 71/2011/TT-BTC dated May 24, 2011 issued by the Ministry of Finance guiding the establishment, management, and use of the incentive and commendation fund under Decree No. 42/2010/NĐ-CP.

2. The Ministry of Industry and Trade encourages individuals and organizations both within and outside the industry to support and contribute to supplementing the annual incentive and commendation fund of the Ministry.

3. The incentive and commendation fund of the Ministry shall be used for:

a) Paying cash awards or commemorative gifts to individuals and groups under the Ministry according to commendation decisions.

b) Allocating 20% of the total incentive and commendation fund of the Ministry to cover expenses for organizing and directing incentive campaigns;

c) At year-end, the remaining balance in the fund shall be transferred to the following year for continued use in incentive and commendation activities.

4. Specific amounts of cash awards accompanying commendation titles and forms of commendation shall be implemented in accordance with Articles 71 to 76 of Decree No. 42/2010/NĐ-CP.

5. The incentive and commendation fund of the Ministry shall be managed by the Department of Incentives and Commendations; the incentive and commendation funds of agencies and units shall have separate accounts and seals for use in paying cash awards or commemorative gifts to individuals and groups under the agency or unit that have been commended.

Chapter VII

INSPECTION, VIOLATION HANDLING, COMPLAINT AND ACCUSATION RESOLUTION

Article 29. Inspection of Incentive and Commendation Activities

1. The Department of Incentives and Commendations shall be responsible for assisting the Ministry’s Commendation Council in inspecting incentive and commendation activities at agencies and units within the industry.

2. Heads of agencies and units shall be responsible for inspecting incentive and commendation activities at agencies and units under their management.

Article 30. Handling Violations and Resolving Complaints and Allegations

1. Individuals or groups who fraudulently declare achievements to obtain commendations shall have their commendation decisions revoked, and any awarded items and money shall be recovered; depending on the nature and severity of the violation, they may be subject to disciplinary action, administrative penalties, or criminal prosecution, and if damage is caused, compensation must be provided according to regulations.

2. Heads of agencies or organizations who falsely confirm facts or forge documents for others to apply for commendations shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, compensation must be provided according to regulations.

3. Resolving complaints and allegations regarding incentive and commendation activities shall be carried out in accordance with Article 98 of the Law on Incentives and Commendations and other relevant laws on complaints and allegations.

4. The Department of Incentives and Commendations shall be responsible for receiving, handling complaints and allegations regarding incentive and commendation activities within its jurisdiction, coordinating with the Ministry's Inspectorate and related units to investigate and verify, and reporting to the Chairman of the Ministry’s Commendation Council and the leadership of the Ministry of Industry and Trade for consideration and decision.

Chapter VIII

IMPLEMENTATION

Article 31. Reporting on Competition and Reward Work

1. Annually, in the fourth quarter, agencies and units under the Ministry of Industry and Trade, and provincial Departments of Industry and Trade shall summarize and evaluate incentive and commendation activities, assess commendations for the year, and submit reports to the Ministry of Industry and Trade no later than December 15.

2. Training institutions under the Ministry of Industry and Trade shall summarize and evaluate incentive and commendation activities, assess commendations for the year, and submit reports to the Ministry of Industry and Trade no later than August 10.

3. Agencies and units in the industry that launch incentive campaigns and after each campaign phase, shall be responsible for summarizing, evaluating, assessing incentives, and submitting reports to the Ministry of Industry and Trade.

Article 32. Effectiveness

1. This Circular takes effect from February 10, 2012, and replaces Circular No. 25/2009/TT-BCT dated August 25, 2009, of the Ministry of Industry and Trade on detailed implementation of incentive and commendation activities in the Industry and Trade sector.

2. The Ministry’s Commendation Council shall direct the implementation of this Circular.

3. The Department of Incentives and Commendations shall be responsible for monitoring, urging, and inspecting the implementation of this Circular, and based on the actual situation of annual incentive campaigns, researching and proposing reasonable numbers and ratios of commendations for the Minister to consider and decide.

4. Heads of agencies and units shall organize the implementation of this Circular and specifically formulate standards suitable for the operational conditions of their agencies and units.

5. During the implementation of this Circular detailing the implementation of incentive and commendation activities in the Industry and Trade sector, if there are difficulties or inconsistencies, heads of agencies and units under the Ministry, and Directors of Provincial Departments of Industry and Trade shall report to the Ministry of Industry and Trade for study and supplementation or amendment./.