Circular 40/2009/tt-Bgtvt: Review Procedures Regulations, The Medal "for The Career Development Of Transport Of Vietnam"

Original Language Title: Thông tư 40/2011/TT-BGTVT: Quy định thủ tục xét, tặng Kỷ niệm chương “Vì sự nghiệp phát triển Giao thông vận tải Việt Nam”

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
 

Pursuant to the law the emulation, commended on November 26, 2003 and the law on amendments and supplements to some articles of the law on competition, commended on June 14, 2005;

Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;

Pursuant to Decree No. 42/2010/ND-CP dated 15 April 2010 the Government detailing the implementation of a number of articles of the law on emulation, rewarded and amendment, addition of some articles of the law on competition, reward;

The Minister of transport rules on review procedures, the Medal "for the career development of transport of Vietnam" as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circulars on the subject, guidelines, criteria, the order of procedure and awarded a medal "for the career development of transport of Vietnam".

Article 2. The object of review awarded the Medal "for the career development of transport of Vietnam." Officers, servants, employees, youth volunteer against France, against the US save the country, workers are working in the field of transport of Vietnam (hereinafter referred to as personal Vietnam transportation industry).

2. The other individuals not subject to the provisions of paragraph 1 of this article but have contributed for the building and development of transport of Vietnam (hereinafter collectively referred to as individuals outside of Vietnam transportation industry).

Article 3. Medal "for the career development of transport of Vietnam." Medal "for the career development of transport of Vietnam" (hereinafter referred to as the token) is the form of the Ministry of transportation to record work and dedication of individuals (including those who have died) have much to contribute to the construction and development of transport of Vietnam.

2. Token has shape, size, color characteristic of the transportation industry in Vietnam and in accordance with the General rules of the State. Attached to the token is the token of the certification By the Ministry of transport (in the form token and certificate the token circulation).

Article 4. The principle of considering medal 1. Medals are awarded for eligible individuals.

2. The medal review must be done right audience, standards and procedures under this circular.

3. The medal review is conducted annually, ensuring equitable principles, democracy, publicly.

4. Individuals have been awarded the Medal "for the transportation industry" issued by decision No 3111/TCCB-LD in June 1995 and was awarded the Medal "for the transportation industry," according to the decision No. 22/2005/QĐ-BGTVT dated 30 March 2005 by the Minister of transport shall not consider medal herewith.

5. Individuals arbitrarily dismiss the work from the Agency, the Organization was not considering medal.

Chapter II criteria, the REVIEW PROCEDURE article 5 MEDAL. The standard of review for the medal in the personal transport of Vietnam 1. Individuals working in the transportation industry in Vietnam has good moral qualities, complete tasks and have time work from 20 years for men and from enough 15 years or over for females.

2. Individuals in other industries moved to the transportation industry in Vietnam or the Vietnam transportation industry from turning to other sectors has 25 years of continuous work, in which the working time in the transport industry in Vietnam has at least 10 years for males and 8 years for females.

3. Individuals have enough time the work as defined in paragraph 1, item 2 of this discipline, but were below the dismissal are only awarded after expiry of disciplinary enforcement. Time subject to the discipline not to review medal.

4. Individual disciplinary dismissal or prejudice criminal or liability related to the criminal case that has not yet concluded by the competent State agencies cannot review medal.

Article 6. The standard of review for the medal personally outside of Vietnam transportation industry 1. Who has the leadership, direction to contribute to the development and construction of transport of Vietnam.

2. The initiative or scientific research has practical value in contributing to the development of transport of Vietnam.

3. Who are the workers in the construction and consolidation of cooperation between the countries, international organizations with Vietnam transportation industry, actively contribute to the career development of transport of Vietnam.

4. People have the help, support worthy financial or material for the development of transport of Vietnam.

Article 7. The case is considering to donate earlier than specified time 1. Individuals working in the sector of transport of Vietnam in the remote areas, high mountains, Islands enjoy extra mode level from 0.5 or above as specified in circular No. 11/2004/TTLT-BTC-BLDTBXH-BNV-BTM DATED October 5, 2005 of the Ministry of Interior, Ministry of labor, invalids and Social Affairs The Ministry of finance and the ethnic Committee of real time in the area is multiplied by 1.5.

2. The individual has the time to work in the transportation industry in Vietnam against the French period is multiplied by 1.5.

3. The individual has the time in zone 4, the B, C, K, in the period against the US save the country be multiplied by 1.5.

4. Offer Service under the Ministry of transportation and head of the Department of transportation (or former major Department) recommended considering donating when time has held enough 1 term (5 years).

5. The following cases are not counted as work seniority, consider donating: a) Ministry of transportation (the incumbent regime, the policy or transfer the work);

b) the individuals work in the transportation industry in Vietnam reached the title of hero of labour, hero of the armed forces, labor medal third class over, soldiers nationwide competition, champion of transportation.

Article 8. The order, how the implementation of the review procedures, the Medal for individuals in the field of transport of Vietnam 1. Preparing resumes, emulation in Council review-reward levels: a) based on the standard of review Medal, individuals do a summary of achievements and the work process as defined in annex 1 of this circular, the filing in direct management authority or governing body before a break mode;

b) every year, the Council of emulation-rewarded by the Agency, organization or Conference Chair of the party, Government, unions may choose the personal (including the cases took a break the work according to the current mode, the wounded, the young volunteer of the Organization and the Agency lost case) can consider donating , the list profiles and suggest considering medal to process for the head of the Organization, the same level of consideration;

c) the heads of the agencies, the organization directly; The Director of the Department of transportation, the list profiles and suggest considering Medal for emulation-Council commended the Ministry of transportation (hereinafter referred to as the Council of emulation-rewarded).

2. The Permanent Council agency emulation-reward-profile receiver, check, appraise the Minister decided: a) for eligible cases awarded, the Agency Council emulate-commended the Minister of transport to review the decision, Medal and within 10 days from the date of the decision, the competition Council – rewarded The notice to the Agency, the merit organization know;

b) with respect to the merits of the individual case does not guarantee the standard of merit, within 10 days from the date of the decision by the authorized agency agree with the appraisal, emulation-Council commended the Ministry has notified in writing to the Agency, the merit organization said.

3. After receiving the reward announcement, the Agency held the election of representatives to compliment direct emulation-Council commended the Ministry to get the decision, Medal, certificate and sign the receipt to the records management of the Ministry of transportation.

Article 9. The sequence, perform the procedure, Medal for individuals outside of Vietnam transportation industry 1. The agency working to emulate, rewarding of the ministries, the central unions; the Agency, the Organization of the Ministry; The Department of transport of the province of the central cities, receiving the profile of the individual, the Organization against standards, General Council reports list emulation-reward, head of the same level of consideration, send suggested considering Medal of emulation-Council commended The General the assessment, the Minister of transportation to review medal.

For individuals working in the ministries (locally is the Fan), the State-owned enterprises, the social-political organizations must be approved in writing the opinion of the managing departments (locally is the facility), enterprises, the social-political organisation.

For individuals not belonging to the Organization, agencies would then have to be confirmed on the merits of the local government where the individual has a direct contribution of innovations, scientific research, finance, material and labor.

2. international cooperation is responsible for considering the merits, complete records, established the Council mailing list emulation-rewarded The general process of the Minister decided against individuals are foreigners, who settled overseas Vietnam and Vietnam who work for foreign organizations.

3. in special cases, the competition Council-responsible Ministry commended the proposed review standard Medal and to profile the Ministers decided.

Article 10. The profile recommends considering individual medal in Vietnam transportation industry


1. review proposal process Sheets donated by the heads of agencies, organizations directly under the Ministry of transportation, the Director of the Department of transportation (1 original) as defined in annex 2 of this circular;

2. List of recommended considering donating (1 original) as defined in annex 3 of this circular;

3. Summary of achievements and individual work process, confirmation of the level of agency heads and governing officials (1 original). Individuals who break the work according to the current mode by Governing Body decision regime confirmed (for the case of retired officers working under the current regime, the Agency today, the Organization has been dissolved or merged, the bodies, the organisation receiving the Agency's mission the Organization, which is responsible for the review, validation);

4. copy of the decision involves considering medal according to the provisions of article 7 of this circular.

Article 11. The profile recommends considering individual medal in addition to Vietnam transportation industry 1. Records suggest considering donating, include: a) the Newspaper suggested considering Medal of Heads of agencies, organizations directly under the Ministry of transportation, the Director of the Department of transportation, the Agency's leader, held out Vietnam transportation industry (1 original);

b) list of suggested considering Medal (1 original);

c) summary of achievement, contribution towards building and developing transportation industry in Vietnam consider their proposed personal gifts (1 original) as defined in annex 4 of this circular.

2. The Heads of the agencies, organizations directly under the Ministry of transportation, the Department of transportation, the Agency held out Vietnam transportation industry suggest considering Medal for personal transportation industry also is responsible for reviewing and ensuring the integrity of the record.

Article 12. The time of submission and review procedures resolve term medal 1. Every year, heads of agencies, organizations directly under the Ministry of transportation, the Director of the Department of transportation reviews, making recommendations and sent the medal review about emulation-Council commended The previous June. For the audience of individuals outside the transportation industry filing period does not necessarily follow this regulation.

2. how to apply: Submit directly or sent through the postal system.

3. The time limit for settling the record is 7 working days from the date of receipt of the full records as prescribed.

Article 13. Awarded medals heads, held in Vietnam transportation industry is responsible for the Organization awarded medals to individuals by the Agency, his organization proposed the medal in a formal way, save.

Chapter III RIGHTS and RESPONSIBILITIES of INDIVIDUALS AWARDED MEDALS to article 14. The rights and responsibilities of the individual medal 1. Received the decision to donate medals, medals and diploma Medal of the Ministry of transportation.

2. Be enrolled in traditional Gold Book of Vietnam transportation industry.

3. Reward money or material of equivalent value as specified in paragraph 2 to article 76 of Decree 42/2010/ND-CP dated 15 April 2010 the Government detailing and guiding the implementation of some articles of the law on competition, reward and the law amending and supplementing some articles of the law on competition , rewarded.

4. Individual Medal is responsible for the preservation and use of the token in the August festivals and traditions of Vietnam transportation industry.

5. Don't let others borrow the token.

Chapter IV PROCESSING of COMPLAINTS and VIOLATIONS, accusations ABOUT the MEDAL REVIEW article 15. Handle violation of considering medal 1. The individual would report truthfully about the standard rules to be awarded the Medal, then revoked the decision to donate medals, medals and diploma medal.

2. Competition Council – Ministry responsible for merit review, the Minister decided to revoke the medals.

Article 16. Complaints, accusations about the medal review process, procedures, deadlines and authority to resolve complaints, accusations about the medal review conducted under the provisions of the law on complaints and denunciation.

Chapter V article 17 ENFORCEMENT TERMS. Effective enforcement of this circular are enforceable after 45 days from the date of signing and replacing decision No 22/2005/QĐ-BGTVT dated 30 March 2005 by the Minister of transport regarding the issued token and regulation review Medal "for transport".

Article 18. Implementation 1. Emulation-Council commended the Department is responsible for organizing the deployment guide, test, urging implementation of this circular.

2. Every year, the competition Council – Ministry responsible rewards planning, cost estimation as a souvenir, Medal and certificate in collaboration with agencies, relevant organizations included into the plan budget estimates of the Ministry.

3. Heads, held directly, the Director of the Department of transport of the province of the central cities, are responsible for implementation of this circular, coordinating the evaluation, review, compare, confirm the criminal history records of the officers, servants, officers and employees in the Agency his organization, to ensure the right audience, the standard rules.

4. in the implementation process, if there are problems, obstacles and suggest that the agencies, organizations, individuals in time reflect on emulation-Council commended the Ministry for research, supplements,./.