Circular No. 43/2024/TT-BCT detailing the implementation of certain provisions of the Law on Competition and Rewards and regulations regarding the Council for Inventions in the Industry and Trade sector.

CIRCULAR

DETAIL REGULATIONS IMPLEMENTING CERTAIN ARTICLES OF THE LAW ON COMPETITION AND REWARD AND PROVISIONS REGARDING THE INNOVATION BOARD FOR THE INDUSTRIAL AND COMMERCIAL SECTOR

Pursuant to the Law on Competition and Reward 2022;

Pursuant to Decree No. 98/2023/NĐ-CP of the Government dated December 31, 2023 providing details on the implementation of certain provisions of the Law on Competition and Reward;

Pursuant to Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, amended and supplemented by Decree No. 105/2024/NĐ-CP dated August 1, 2024 of the Government;

Pursuant to Decree No. 13/2012/NĐ-CP dated March 2, 2012 of the Government promulgating the Charter for Inventions;

The phrase "or examination" is abolished pursuant to Clause 6, Article 8 of Circular No. 15/2025/TT-BVHTTDL dated November 25, 2025, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of Circulars prescribing job codes, qualification standards, and salary grades for civil servants in the heritage culture, library, grassroots cultural activities, sports, fine arts, art performance, film, and cultural propaganda sectors, which takes effect from January 15, 2026.

The Minister of Industry and Trade promulgates this Circular detailing the implementation of certain articles of the Law on Competition and Reward and provisions regarding the Innovation Board for the Industrial and Commercial Sector.

Article 1. Scope of Regulation

This Circular details the implementation of Clause 4 Article 24; Clause 3 Article 26; Clause 3 Article 27; Clause 3 Article 28; Clause 2 Article 71; Clause 6 Article 74; Clause 2 Article 75; and Clause 6 Article 84 of the Law on Competition and Reward and Decree No. 13/2012/NĐ-CP dated March 2, 2012 of the Government promulgating the Charter of Innovation.

Article 2. Applicability

This Circular applies to collectives, cadres, civil servants, public officials, employees of agencies, units, enterprises under and affiliated with the Ministry and sector of Industry and Trade, households; organizations and individuals within and outside the country who have achievements contributing to the construction and development of the Industrial and Commercial Sector.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. "Administrative and Service Units under the Ministry", "Publicly Funded Service Units under the Ministry", "Enterprises under the Ministry" include: Units specified in the Government's Decrees stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade and other agencies and enterprises under the Ministry as specified in other documents.

2. "Large Collectives" include: Agencies, units, enterprises specified in Clause 1 and enterprises directly under the Ministry.

3. "Small Collectives" include: Units, enterprises constituting the units, enterprises specified in Clauses 1 and 2 of Article 3 of this Circular.

4. "Competition Group" includes: Agencies, units, enterprises under and directly under the Ministry.

5. "Competition Cluster" includes: Departments of Industry and Trade of provinces and centrally governed cities.

Article 4. Title "Flag of Excellence in Competition of the Ministry of Industry and Trade"

1. The title "Flag of Excellence in Competition of the Ministry of Industry and Trade" is awarded annually to large collectives leading the competition movement of the Competition Group, Competition Cluster organized by the Ministry and meeting the following criteria:

a) Ensuring compliance with Clause 1 Article 25 of the Law on Competition and Reward;

b) In accordance with guiding documents on competition summary and annual commendation and reward procedures issued by the Ministry of Industry and Trade.

2. The title "Flag of Excellence in Competition of the Ministry of Industry and Trade" is awarded to collectives leading the competition movement according to special topics launched by the Ministry of Industry and Trade when summarizing the movement after at least three years of implementation. For each competition movement, the Ministry of Industry and Trade issues documents to guide the summary and commendation.

3. Recipients of the title "Flag of Excellence in Competition of the Ministry of Industry and Trade" include:

a) Units and enterprises specified in Clauses 1 and 2 of Article 3 of this Circular;

b) Vietnam General Confederation of Trade Unions and Departments of Industry and Trade of provinces and centrally governed cities (Departments of Industry and Trade);

c) Collectives leading the competition movement according to special topics launched by the Ministry of Industry and Trade when summarizing the movement after at least three years of implementation.

Article 5. The title "Excellent Labor Collective"

1. The title "Excellent Labor Collective" is awarded annually to collectives meeting the criteria set forth in Clause 1 Article 27 of the Law on Competition and Reward.

2. Recipients of the title "Excellent Labor Collective" include: Agencies and units specified in Clauses 1, 2, 3, 4, and 5 of Article 3 of this Circular.

Article 6. Title "Advanced Worker"

1. The title "Advanced Worker" shall be awarded annually to individuals who meet the criteria specified in Clause 1, Article 24 of the Law on Encouragement and Reward and at Clause 5, Table 1 of Circular No. 01/2024/TT-BNV dated February 24, 2024 issued by the Minister of Home Affairs detailing the implementation of the Law on Encouragement and Reward and Decree No. 98/2023/NĐ-CP dated December 31, 2023 issued by the Government detailing certain provisions of the Law on Encouragement and Reward.

2. The recipients of the title "Advanced Worker" include units and enterprises as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 3 of this Circular.

Article 7. Title "Advanced Labor Collective"

1. The title "Advanced Labor Collective" shall be awarded annually to collectives that meet the criteria specified in Clause 1, Article 28 of the Law on Encouragement and Reward.

2. The recipients of the title "Advanced Labor Collective" include agencies and units as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 3 of this Circular.

Article 8. Commendation Medal "For the Development of the Industry and Trade Sector of Vietnam"

The Commendation Medal "For the Development of the Industry and Trade Sector of Vietnam" (Model No. 02) is a form of reward granted by the Minister of Industry and Trade to recognize the contributions of individuals who have made significant contributions to the construction and development of the Industry and Trade Sector of Vietnam, meeting one of the following criteria:

1. For individuals within the Industry and Trade Sector

a) Individuals who have worked or are currently working in agencies, units, enterprises, organizations within the Industry and Trade Sector with a minimum service period of 20 years for males, 15 years for females, and 10 years for those directly engaged in hazardous occupations up to the time of application for the award.

b) Cases where service duration is not counted when granting the award include: individuals who have been honored with the title Heroic Laborer; National Model Worker; People's Teacher, Excellent Teacher; People's Doctor, Excellent Doctor while working in the Industry and Trade Sector; People's Artisan, Excellent Artisan in the field of traditional craft; individuals with national-level inventions or scientific works applied in the Industry and Trade Sector.

2. For individuals outside the Industry and Trade Sector

a) Individuals with national-level inventions or scientific works applied in the Industry and Trade Sector contributing to its development;

b) Leaders of agencies, units, enterprises, mass organizations, associations at central and local levels who have made significant contributions to the development of the Industry and Trade Sector upon the recommendation of units under the Ministry of Industry and Trade and Provincial Departments of Industry and Trade;

c) Overseas Vietnamese citizens who have made significant contributions to the development of the Industry and Trade Sector of Vietnam;

d) Foreign individuals who have contributed to building, consolidating, and developing foreign relations of the Industry and Trade Sector of Vietnam or provided support in spirit and material for its development.

3. Other cases to be considered and decided by the Minister of Industry and Trade.

4. Individuals falling under the circumstances specified in Clause 4, Article 4 of Decree No. 98/2023/NĐ-CP dated December 31, 2023 of the Government detailing certain provisions of the Law on Encouragement and Reward (hereinafter referred to as Decree No. 98/2023/NĐ-CP) shall not be eligible for the award or nomination for the award.

5. Cases ineligible for the award

a) Individuals who have already received one of the following Commendation Medals: Commendation Medal "For the Development of the Industrial Sector of Vietnam", Commendation Medal "For the Development of the Trade Sector", Commendation Medal "For the Development of the Industry and Trade Sector of Vietnam";

b) Individuals who voluntarily left their positions.

Article 9. Commendation Medal "For the Cause of Market Management"

The Commendation Medal "For the Cause of Market Management" (Model No. 03) is a form of award granted by the Minister of Industry and Trade to recognize the contributions of individuals who have made significant contributions to the cause of building and developing the market management force, meeting one of the following criteria:

1. For individuals within the market management force:

a) Individuals who have worked or are currently working in the market management force for a minimum of 20 years for males and 15 years for females. Time spent by individuals in the market management force on military service, concentrated training periods, and then redeployed back to work in the market management force shall be counted as continuous time worked in the market management force.

b) Cases where seniority is not considered when granting awards include: Individuals honored with the title of Hero of Labor; National Model Worker; Individuals with national-level inventions, scientific works applied in the market management force.

2. For individuals outside the market management force:

a) Individuals with national-level inventions, scientific works applied in the market management force, contributing to the development of the market management force.

b) Leaders of agencies, units, enterprises, organizations, associations at central and local levels who have made significant contributions to the development of the market management force upon the recommendation of the agency responsible for state management of the market management force at various levels.

c) Vietnamese citizens residing abroad who have made significant contributions to the development of the market management force.

d) Foreign individuals who have contributed to the construction, consolidation, and development of international relations of the market management force or provided support in spirit and material for the development of the market management force.

3. Other cases to be considered and decided by the Minister of Industry and Trade.

4. Individuals falling under the provisions of Clause 4, Article 4 of Decree No. 98/2023/NĐ-CP shall not be considered for the Commendation Medal or recommended for higher-level consideration.

5. Cases not eligible for the Commendation Medal:

a) Individuals who have already been awarded the Commendation Medal "For the Cause of Market Management";

b) Individuals who voluntarily left the market management force.

Article 10. Criteria for Awarding or Posthumously Awarding Certificates of Merit by the Ministry of Industry and Trade

1. The Certificate of Merit by the Minister of Industry and Trade is awarded or posthumously awarded to individuals under its jurisdiction meeting one of the following criteria:

a) As stipulated in Clause 1 and Clause 2 of Article 74 of the Law on Encouragement and Reward;

b) Having a career in units under the Ministry of Industry and Trade, making contributions to the cause of building and developing the industry and trade sector, and being considered for the award before retirement;

c) Achieving many accomplishments in work with influence within the Ministry of Industry and Trade, contributing to the building and development of the Vietnamese industry and trade sector during anniversaries (round and odd five-year) of the establishment of the industry and trade sector or unit;

d) Other cases decided by the Minister of Industry and Trade.

2. The Certificate of Merit by the Ministry of Industry and Trade is awarded to collectives, enterprises, and other organizations under its jurisdiction meeting one of the following criteria:

a) As stipulated in Clause 3 and Clause 4 of Article 74 of the Law on Encouragement and Reward;

b) Achieving many accomplishments in work with influence within the Ministry of Industry and Trade, contributing to the building and development of the Vietnamese industry and trade sector during anniversaries (round and odd five-year) of the establishment of the industry and trade sector or unit.

3. The Certificate of Merit by the Minister of Industry and Trade is awarded to households under its jurisdiction for conscientiously implementing the policies of the Party and the State, making significant contributions to the cause of building and developing the Vietnamese industry and trade sector.

4. Other cases are decided by the Minister of Industry and Trade.

Article 11. Certificate of Commendation

1. Heads of units with separate accounts, seals, and legal personality under and directly subordinate to the Ministry of Industry and Trade grant Certificates of Commendation to individuals under their jurisdiction who conscientiously implement the policies of the Party and the State, internal regulations of the agency or unit, and meet one of the following criteria:

a) Completing assigned tasks satisfactorily or better; having outstanding achievements in the competition movement initiated by the Ministry of Industry and Trade or the unit;

b) Achieving many merits or outstanding, unexpected achievements with influence in one of the fields under the unit's management.

2. Heads of units with separate accounts, seals, and legal personality under and directly subordinate to the Ministry of Industry and Trade grant Certificates of Commendation to collectives and households under their jurisdiction who are united, conscientious in implementing the policies of the Party and the State, internal regulations of the agency or unit, care for the material and spiritual life of the collective, and practice thrift, meeting one of the following criteria:

a) Units completing assigned tasks satisfactorily or better; having outstanding achievements in the competition movement initiated by the Ministry of Industry and Trade or the unit;

b) Achieving many merits or outstanding, unexpected achievements with influence in one of the fields under the unit's management.

Article 12. General provisions on files, procedures for awards, awarding authority, and recommending for awards

1. Files and procedures for awards shall be implemented in accordance with the provisions of Article 30 of Decree No. 98/2023/NĐ-CP.

2. The file proposing to confer titles of excellence and forms of awards within the authority of the Ministry of Industry and Trade includes one set (original) and an electronic file of the award file, except for documents containing state secrets; the list proposing to confer the Commendation Medal "For the Cause of Developing the Industry and Trade Sector"/Commendation Medal "For the Cause of Market Management" according to Model No. 01.

3. The authority to award and recommend awards for enterprises and other economic organizations shall be carried out in accordance with the provisions of Article 29 of Decree No. 98/2023/NĐ-CP.

4. The Council for Competitions and Awards of the Ministry of Industry and Trade shall consider and award in accordance with the operational regulations of the Council for Competitions and Awards of the Ministry of Industry and Trade and guiding documents on summarizing competitions and recommending awards of the Ministry of Industry and Trade.

Article 13. The Council for Inventions of the Ministry of Industry and Trade

1. The Council for Inventions of the Ministry of Industry and Trade is an agency established by the Minister of Industry and Trade to recognize the effectiveness of applying inventions, their scope of influence, serving as the basis for considering the conferral of titles of excellence and forms of awards.

2. The composition of the Council for Inventions of the Ministry of Industry and Trade includes:

a) The Chairman of the Council for Inventions of the Ministry of Industry and Trade is the Deputy Minister in charge of the Department of Science and Technology;

b) Vice Chairmen include: the Heads of the Department of Cadres and Civil Servants and the Department of Science and Technology;

c) Members are appointed by the Minister of Industry and Trade.

3. The Department of Cadres and Civil Servants is the Standing Body of the Council for Inventions of the Ministry of Industry and Trade, responsible for reviewing the files of grassroots invention councils and confirming inventions.

4. The Council for Inventions of the Ministry of Industry and Trade operates in accordance with the organizational and operational regulations issued by the Minister of Industry and Trade. Meetings of the Council for Inventions of the Ministry of Industry and Trade are organized when at least two-thirds of the members attend, either in person or online. The meeting is chaired by the Chairman or the Vice Chairman authorized by the Chairman.

5. The operating funds for the Council for Inventions are allocated from the state budget assigned to the Ministry of Industry and Trade or other appropriate sources in accordance with the law.

Article 14. Grassroots Invention Councils

1. Grassroots Invention Councils are tasked with recognizing the effectiveness of applying grassroots inventions and their scope of influence, and recommending them to higher levels for recognition at the ministry level or nationwide, serving as the basis for considering the conferral of titles of excellence and forms of awards.

2. Heads of units under or directly subordinate to the Ministry of Industry and Trade, which have separate bank accounts, seals, or legal personality, issue decisions to establish grassroots invention councils of their units.

3. The composition of grassroots invention councils includes: the Chairman, Vice Chairman, Secretary, and Members. The council operates in accordance with the operational regulations issued by the Head of the unit.

4. For units without legal personality: Unit leaders, representatives of the Party organization, and mass organizations consider and agree on proposals for the Ministry-level invention council to recognize grassroots inventions.

Article 15. Transitional Provisions

Applications for commendation titles and forms of reward submitted to the Ministry of Industry and Trade (as evidenced by the date stamp on the incoming document) before this Circular takes effect shall continue to be processed in accordance with the provisions set out in Clause 2 of Article 16 of this Circular.

Article 16. Effective Date

1. This Circular takes effect from February 20, 2025.

2. This Circular abolishes the following Circulars:

a) Circular No. 40/2019/TT-BCT dated December 10, 2019 of the Minister of Industry and Trade guiding the implementation of competition and reward activities in the industry and trade sector;

b) Circular No. 18/2021/TT-BCT dated November 19, 2021 of the Minister of Industry and Trade amending and supplementing some articles of Circular No. 40/2019/TT-BCT dated December 10, 2019 of the Minister of Industry and Trade guiding the implementation of competition and reward activities in the industry and trade sector;

c) Circular No. 22/2023/TT-BCT dated November 14, 2023 of the Minister of Industry and Trade detailing the implementation of certain provisions of the Law on Competition and Reward;

d) Decision No. 14/2007/QD-BTM dated June 5, 2007 of the Minister of Commerce promulgating the Commemorative Medal "For the Cause of Market Management";

đ) Decision No. 15/2007/QD-BTM dated June 5, 2007 of the Minister of Commerce promulgating the Regulation on the Granting of the Commemorative Medal "For the Cause of Market Management" and other relevant regulations of the Ministry of Industry and Trade that differ from the provisions of this Circular shall cease to be effective from the date this Circular takes effect.

3. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the newly issued documents.

Article 17. Implementation Organization

1. The Standing Office of the Competition and Reward Council of the Ministry of Industry and Trade shall assist the Minister of Industry and Trade in guiding, monitoring, inspecting, and urging units within the industry and trade sector in implementing this Circular; based on the actual situation of the annual competition movement, it shall study and propose the number and ratio of rewards to be submitted to the Minister of Industry and Trade for consideration and decision.

2. Heads of units shall organize the implementation of this Circular.

3. During the implementation process, if there are any difficulties, units and individuals are requested to report in writing to the Ministry of Industry and Trade (through the Cadre and Civil Servant Department) for examination and resolution.