Circular No. 79/2023/TT-BTC detailing the implementation of certain provisions of the Law on Competition and Rewards in the financial sector

Signed: Ministry of FINANCE

Authority: 28 Tran Hung Dao Street

Ministry of FINANCE

No.: 79/2023/TT-BTC

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

Hanoi, December 29, 2023

CIRCULAR
Detailed regulations on implementing certain provisions of the Law on Encouragement and Reward in the field of finance
Encouragement and reward in the field of finance

Pursuant to the Law on Encouragement and Reward dated May 16, 2022;

Pursuant to Decree No. 14/2023/NĐ-CP dated April 20, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Cadre Organization Department;

The Minister of Finance issues this Circular detailing the implementation of certain provisions of the Law on Encouragement and Reward in the field of finance.

Article 1. Scope of regulation and objects of application

1. This Circular provides detailed regulations on 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; Clause 4, Article 76; and Clause 6, Article 84 of the Law on Encouragement and Reward.

2. This Circular applies to:

1. Officials, civil servants, public officials, and workers (hereinafter collectively referred to as individuals) and groups within units under and directly subordinate to the Ministry of Finance and financial sectors;

2. Other individuals and groups who have made contributions to the construction and development of the Ministry of Finance and financial sectors.

Article 2. Criteria for awarding the title "Advanced Worker"

1. The title "Advanced Worker" is awarded annually to individuals meeting the criteria stipulated in Clause 1, Article 24 of the Law on Encouragement and Reward 2022.

2. Individuals sent to participate in short-term training or enhancement courses lasting less than one year, completing the course and complying with the regulations of the training institution, shall have their study time counted towards their work period at the unit for the purpose of being awarded the title "Advanced Worker". In cases where individuals are sent to participate in training or enhancement courses lasting one year or more, comply with the regulations of the training institution, and achieve satisfactory academic results, such time may be counted towards the award of the title "Advanced Worker".

3. Maternity leave time as prescribed by law shall be counted towards the award of the title "Advanced Worker".

4. Individuals participating in combat, serving in combat, or performing brave actions to save people or state property leading to injury requiring treatment or convalescence as concluded by a district-level medical facility or equivalent shall have their treatment or convalescence time counted towards the award of the title "Advanced Worker".

5. For individuals transferred to new units, the new unit is responsible for awarding the title "Advanced Worker" (in cases where the individual has worked at the previous unit for six months or more, the opinion of the previous unit must be obtained).

6. In cases where individuals are temporarily assigned to other units, the decision to award the title "Advanced Worker" shall be made by the unit that assigned them based on the assessment and evaluation of the receiving unit.

Article 3. Criteria and objects for awarding the flag "Flag of Excellence of the Ministry of Finance"

1. The flag "Flag of Excellence of the Ministry of Finance" is awarded annually to groups leading the encouragement and reward movement in clusters or blocks organized by the Ministry of Finance, meeting the criteria stipulated in Clause 1, Article 26 of the Law on Encouragement and Reward 2022, including:

1. Departments, Bureaus, Offices, and Inspection Units under the Ministry of Finance;

2. General Departments and equivalents directly under the Ministry of Finance (General Department of Taxation, General Department of Customs, State Reserve Administration, National Treasury, and Securities Commission);

3. Institute of Financial Strategy and Policy, Vietnam Financial Times, Financial Magazine, Financial Publishing House, School of Financial Cadres, and Ministry of Finance Guesthouse;

4. Academy of Finance, University of Finance and Marketing, University of Finance and Accounting, and University of Finance and Business Management;

d) Departments, Bureaus, Inspections, and equivalent units under General Departments of the Ministry of Finance;

5. Tax Bureaus, Customs Bureaus, State Reserve Bureaus, and National Treasuries under General Departments of the Ministry of Finance in provinces and centrally-administered cities;

7. Provincial and centrally-administered city finance departments;

8. Enterprises directly under the Ministry; associations and unions under the Ministry's reward system; Bao Viet Group and its affiliated units;

9. Tax Sub-bureaus, Customs Sub-bureaus, State Reserve Sub-bureaus, and equivalents, and National Treasury branches in districts, counties, towns, and provincial cities under centrally-administered cities.

2. The flag "Flag of Excellence of the Ministry of Finance" is awarded to groups leading the encouragement and reward movement according to special topics launched by the Ministry of Finance when concluding the movement, which lasts three years or more, provided they meet the criteria as guided by the Ministry.

Article 4. Standards and Recipients for the Award of the Title "Outstanding Labor Collective"

1. The title "Outstanding Labor Collective" is awarded annually to collectives that meet the standards set forth in Clause 1 of Article 27 of the Law on Competition and Rewards 2022.

2. The recipients for the award of the title "Outstanding Labor Collective" are collectives from units under and directly subordinate to the Ministry of Finance, including units within the reward line of the Ministry of Finance, comprising:

1. Collectives specified in points a, b, c, d, đ, e, h, and i of Clause 1 of Article 3 of this Circular;

2. Departments, offices, bureaus, and equivalent bodies within units specified in points a, c, d, đ, e, and h of Clause 1 of Article 3 of this Circular.

Article 5. Standards and Recipients for the Award of the Title "Advanced Labor Collective"

1. The title "Advanced Labor Collective" is awarded annually to collectives that meet the standards set forth in Clause 1 of Article 28 of the Law on Competition and Rewards 2022.

2. For newly established units in the finance sector, they must have been operational for at least 12 months before being eligible for the award of the title "Advanced Labor Collective". For units in the finance sector that have been reorganized, their operational time is calculated from the unit prior to reorganization.

3. The recipients for the award of the title "Advanced Labor Collective" are collectives specified in Clause 2 of Article 4 of this Circular.

Article 6. Standards for the Award or Posthumous Award of the Certificate of Merit of the Ministry of Finance

1. The Certificate of Merit of the Ministry of Finance is awarded or posthumously awarded to individuals who exemplarily implement Party policies, State laws, and regulations, and meet one of the criteria stipulated in Clauses 1, 2, 3, and 4 of Article 74 of the Law on Competition and Rewards 2022.

2. Other cases shall be examined and decided by the Minister of Finance within his/her authority.

Article 7. Standards for the Award of the Commendation Letter

1. The Commendation Letter issued by the heads of units with legal personality under the Ministry of Finance is awarded to individuals within their management authority who have good moral character, exemplarily implement Party policies, State laws, internal regulations, and work rules of the unit, or individuals who have made significant contributions to the development of the unit, meeting one of the following criteria:

1. Successfully completing assigned tasks or above; having outstanding achievements in competitions initiated by the Ministry of Finance or the unit;

2. Achieving many accomplishments or outstanding achievements with influence in one of the areas under the unit's jurisdiction.

2. The Commendation Letter issued by the heads of units with legal personality under the Ministry of Finance is awarded to collectives within their management authority who exemplarily implement Party policies, State laws, and internal regulations of the unit, care for the material and spiritual life of members of the collective, practice thrift, or collectives that have made significant contributions to the development of the unit, meeting one of the following criteria:

1. The unit successfully completes assigned tasks or above; having outstanding achievements in competitions initiated by the Ministry of Finance or the unit;

2. Achieving many accomplishments or outstanding achievements with influence in one of the areas under the unit's jurisdiction.

Article 8. Number of Application Files for Reward Consideration

The application file for considering the award of commendations and rewards within the authority of the Minister of Finance includes one set of award files (original) along with electronic files of the application, except for documents containing state secrets.

Article 9. Commemorative Medal "For the Financial Industry of Vietnam"

1. The Commemorative Medal "For the Financial Industry of Vietnam" (hereinafter referred to as the Commemorative Medal) is a form of award granted by the Ministry of Finance to recognize the achievements and contributions of individuals who have made significant contributions to the construction and development of the Financial Industry of Vietnam.

2. Recipients of the Commemorative Medal

1. Civil servants, employees, and workers who have worked or are currently working in units specified in Clause 1 of Article 3 of this Circular (excluding associations and trade unions under the commendation line of the Ministry of Finance; Bao Viet Group and its affiliated units);

2. Civil servants working at the Planning and Finance Departments of People's Committees of provincial cities, districts, counties, and towns under provinces and centrally-administered municipalities; civil servants engaged in financial and accounting work at People's Committees of wards, towns, and communes;

3. Civil servants engaged in financial and accounting work at the Financial Departments and Financial Bureaus of Ministries, sectors, and central agencies; Financial Departments and Financial Bureaus of General Departments under Ministries;

4. Individuals with outstanding achievements in leading and directing the construction and development of the Financial Industry of Vietnam: Leaders of the Party and State; Central-level political organizations; Central-level sectoral leaders responsible for financial work; Provincial and centrally-administered municipal leaders (Secretary, Deputy Secretary of Provincial Party Committee, Chairman, Vice-Chairman of People's Council, Chairman, Vice-Chairman of People's Committee of province, city);

d) Individuals who are overseas Vietnamese or foreigners;

5. Other cases shall be examined and decided by the Minister of Finance within his/her authority.

3. Criteria for Awarding the Commemorative Medal

1. The Commemorative Medal is awarded without considering years of service for the Minister and Deputy Ministers of the Ministry of Finance;

2. The Commemorative Medal is awarded to individuals working in units specified in points a, b, and c of Clause 2 of this Article, having a total of 20 years or more of service in the Financial Industry for males, and 15 years or more for females; completing assigned tasks satisfactorily or better (calculated over the total time used for the Commemorative Medal award);

3. The Commemorative Medal is awarded to individuals working in units specified in points a and b of Clause 2 of this Article who sacrifice their lives while on duty and are recognized as Martyrs;

4. The Commemorative Medal is awarded to individuals working in other industries who transfer to work in the Financial Industry, if they do not meet the requirements for awarding as stipulated in point b of this clause, they will be eligible for the Commemorative Medal before retirement if they have continuously worked for 30 years or more for males, and 25 years or more for females, including at least 5 years (60 months) working in the Financial Industry and being evaluated as satisfactorily completing assigned tasks or better (calculated over the total time used for the Commemorative Medal award);

d) The Commemorative Medal is awarded to individuals specified in point d of Clause 2 of this Article (excluding Deputy Chairmen of People's Councils and Deputy Chairmen of People's Committees of provinces and centrally-administered municipalities) who have made outstanding achievements in leading and directing the construction and development of the Financial Industry;

5. The Commemorative Medal is awarded to Deputy Chairmen of People's Councils and Deputy Chairmen of People's Committees of provinces and centrally-administered municipalities who have held their positions and been responsible for financial and budgetary work for at least 5 years (60 months);

7. The Commemorative Medal is awarded to individuals specified in point d of Clause 2 of this Article who have made outstanding contributions in building and consolidating international cooperation relations, actively contributing to the construction and development of the Financial Industry; specifically, for foreign individuals working in diplomatic agencies and international organizations in Vietnam, upon completion of their term of service, if they have made significant contributions in expanding financial cooperation relations with countries and international financial organizations; mobilizing international organizations and financiers to contribute and assist in spirit and material, or providing advisory, training, technical assistance... helping the Financial Industry during the process of integration and international financial cooperation;

8. Special cases with external significance are decided by the Minister within his authority.

4. Calculation of Service Time for Awarding the Commemorative Medal

1. For incumbent officials, service time is calculated up to June 30 of the year applying for the award; for retired individuals, it is calculated up to the date of retirement; for deceased individuals, it is calculated up to the date of death;

2. For individuals dispatched by authorized authorities to work outside the Financial Industry in other agencies or units, or serving military service, then returning to work in the Financial Industry: the time spent working in other industries and the time spent in military service is still counted as service time in the Financial Industry;

3. For individuals who have previously worked in agencies and units that were merged into the Financial Industry: the service time in the Financial Industry includes the time spent working in those units before the merger;

4. For individuals whose service time in the Financial Industry is not continuous (transferring out of the industry, then transferring back to units within the Financial Industry), the service time in the Financial Industry is accumulated from the total time spent working in agencies and units within the Financial Industry; 12 months is counted as one year of service in the Financial Industry;

d) In cases where individuals were previously disciplined, the disciplinary period (including the period not yet removed from discipline) is not counted towards the service time for the Commemorative Medal award; they can only be considered for the Commemorative Medal three years after the end of the disciplinary period.

Article 10. Responsibilities of officials and individuals in the work of competition and reward organization The Minister of Finance organizes the launch and directs the implementation of the competition movement throughout the finance sector, decides to confer commendation titles and reward forms within the scope of authority or submits to the competent authority for consideration of conferring commendation titles and reward forms according to the provisions of the Law on Competition and Reward and is responsible for the competition and reward work in the finance sector.

1. The Cadre and Civil Servant Department is responsible for advising the Minister of Finance to establish and promulgate the operational regulations of the Competition and Reward Council, the Initiative Council; serves as the permanent office of the Ministry of Finance's Competition and Reward Council, is responsible for taking the lead and coordinating with agencies and units under the Ministry to advise the Minister on policies, contents, programs, plans, measures to organize competition movements; guiding, urging, inspecting, summarizing, concluding various competition movements and reward work; promoting exemplary models and good deeds in the finance sector; reviewing files for rewards proposed to the Ministry of Finance's Competition and Reward Council for consideration, submitting to the Minister for approval within the scope of authority or submitting to the competent authority for approval of commendation titles and reward forms according to the provisions of the Law on Competition and Reward.

2. Heads of units under the Ministry of Finance and units under the reward line of the Ministry of Finance are responsible for leading and coordinating with the Party Committee at the same level, Trade Union, Youth League at specific units to concretize the content, expenditure, measures to organize competition movements and inspect their implementation; summarizing and concluding competition movements; proposing rewards and being responsible for reward standards and conditions; suggesting improvements to competition and reward work; providing opinions on reward cases when requested by the permanent office of the Ministry of Finance's Competition and Reward Council.

3. News agencies under the Ministry have the responsibility to regularly publicize competition and reward work; discover exemplary individuals and collectives with outstanding achievements in competition movements to promote and expand exemplary models; promptly reflect and combat violations of the Law on Competition and Reward.

4. Individuals and collectives proposed for consideration of commendation titles and reward forms must be responsible under the law for reporting achievements and preparing reward proposal files; are responsible for managing and preserving award items according to the provisions of the law.

5. Article 11. Implementation organization

The Cadre and Civil Servant Department leads and coordinates with units under the Ministry to advise and assist the Minister of Finance in implementing and inspecting this Circular.

1. Heads of units under and directly under the Ministry of Finance; units under the reward line of the Ministry of Finance; ministries, sectors, central agencies; provinces, centrally-administered cities; provincial finance departments of provinces, centrally-administered cities; relevant agencies and individuals are responsible for organizing the implementation of this Circular.

2. Units at the General Department level under the Ministry and equivalent organizations shall organize the development of their own Competition and Reward Regulations in accordance with the provisions of the Law on Competition and Reward and the guidance provided in this Circular.

3. During the implementation process, if there are difficulties, agencies and units are advised to promptly report to the Ministry of Finance (through the Cadre and Civil Servant Department) for research and appropriate amendments and supplements.

4. During the implementation process, if there are any difficulties, the relevant agencies and units are requested to promptly reflect them to the Ministry of Finance (through the Department of Organization and Cadres) for research and appropriate amendments and supplements.

Article 12. Effective Date

1. This Circular takes effect from February 15, 2024. This Circular revokes Circular No. 17/2019/TT-BTC dated March 21, 2019, issued by the Minister of Finance regarding the awarding of the Commemorative Medal "For the Cause of Vietnam's Finance".

2. In cases where the legal normative documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents./.

Place of Receipt.

• Prime Minister;

• Deputy Prime Ministers;

• National Assembly's Ethnic Council;

• National Assembly's Committee on Finance and Budget;

• Central-level political social organizations;

• Ministries, ministerial-level agencies, and agencies under the Government;

• People's Committees of provinces and centrally governed cities;

• Central Steering Board for Awards and Honors;

• Department of Legal Normative Documents Control, Ministry of Justice;

• Government Portal; Finance Ministry Portal;

• Ministry of Finance Electronic Portal;

• Provincial Departments of Finance;

• Units under the reward line of the Ministry of Finance;

• To be filed with the Office of the General Department of Personnel Affairs (350 copies).