Thông tư 08/2014/TT-BVHTTDL

CIRCULAR

DETAILING STANDARDS AND PROCEDURES FOR CONSIDERATION AND RECOGNITION OF "CULTURAL STANDARD AGENCY", "CULTURE STANDARD UNIT", "CULTURAL STANDARD ENTEPRISE"

Pursuant to the Government’s Decree No. 76/2013/NĐ-CP dated July 16, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to the Government’s Decree No. 42/2010/NĐ-CP dated April 15, 2010 detailing the implementation of a number of articles of the Law on Emulation and Commendation and Law on amendments to the Law on Emulation and Commendation;

Pursuant to the Government’s Decree No. 39/2012/NĐ-CP dated April 27, 2012 amending and supplementing a number of articles of the Government’s Decree No. 42/2010/NĐ-CP dated April 15, 2010 detailing the implementation of a number of articles of the Law on Emulation and Commendation and Law on amendments to the Law on Emulation and Commendation;

Pursuant to the Prime Minister’s Decision No 129/2007 / QD-TTg dated August 2, 2007 on promulgating regulations on workplace culture in State administrative agencies;

Implementing the Prime Minister’s Decision No. 1610 / QD-TTg dated September 16, 2011 approving the program " All people unite to build a cultural life" in 2011-2015 and orientations to 2020;

Implementing the Prime Minister’s Decision No. 159 / QD-TTg dated January 15,  2013 promulgating the regulation on organization and operation of the Central Steering Committee of the Movement "All people unite to build a cultural life ";

At the request of the Director of Department of local culture, the standing Chief officer of the Central Steering Committee of the Movement “All people unite to build a cultural life”;

the Minister of Culture, Sports and Tourism promulgates the Circular detailing standards and procedures for consideration and recognition of "cultural standard agency", "culture standard unit", "cultural standard enteprise"

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope and regulated entities

1. Governing scope:

This Circular shall detail standards and procedures for consideration and recognition of "cultural standard agency", "culture standard unit", "cultural standard enteprise " (hereinafter referred to cultural standard agency, unit, and enterprise) in the Movement "All people unite to build a cultural life"

2. Regulated entities:

a) Agencies, units, enterprises of which local trade unions are established, registering for emulation and having legal status;

b) Organizations and individuals involved in the procedures for consideration and recognition of cultural standard agency, unit, and enterprise.

Article 2. Implementation principles

1. Recognition of cultural standard agency, unit, and enterprise only applies to agencies, units, and enterprises registering for emulation

2. Recognition of cultural standard agency, unit, and enterprise shall be associated with the commendation and rewards in agencies, units, and enterprises with outstanding achievements in the movement "All people unite to build a cultural life".

3. Recognition of cultural standard agency, unit, and enterprise must ensure accuracy, openness, fairness, timeliness in accordance with the provisions in this Circular.

4. Forms of certificate of recognition of cultural standard agency, unit, and enterprise in the Appendix provided in this Circular shall be used uniformly.

Article 3. Competence and duration of recognition

1. Competence:

Presidents of People’s Committees of districts shall recognize for the first-time, while Presidents of the provincial People’s Committees shall recognize for the next time for the cultural standard of agencies, units, and enterprises of communes, wards, and towns (hereinafter referred to as commune level); districts, towns, and provincial cities (hereinafter referred to as district level); central-affiliated cities and provinces (hereinafter referred to as provincial level); central agencies, units, and enterprises located in the provinces.

2. Duration:

Recognition duration of cultural standard agencies, units, and enterprises of the first time shall be two (02) years from the date of registration; cultural standard agencies, units, and enterprises shall be recognized for the next time after five (05) years from the date of the first-time recognition.

Chapter II

STANDARDS OF CONSIDERATION AND RECOGNITION OF "CULTURAL STANDARD AGENCY, UNIT, ENTERRPISE"

Article 4. Standards of recognition of "cultural standard agency", “cultural standard unit”

1. Complete the tasks:

a) They make emulation movement regularly, practically and effectively; contribute to implement excellently annual work plan; 100% of their officials, civil servants, and employees is awarded the title of "advanced labor" or more;

b) 80% or more of their officials and civil servants regularly attend schools or join training courses of politics, professional knowledge;

c) They fulfill obligation and maintain ethics of officials and civil servants as prescribed by law;

d) They improve the quality of public service activities consistent with assigned functions and duties;

dd) They have initiatives on improvement of management; Have experience applied in practice

2. Adopt a civilized lifestyle, develop workplace culture:

a) 90% or more of their officials and civil servants do not violate the regulations on adopting a civilized lifestyle, thrift practice in weddings, funerals and festivals;

b) None of their officials, civil servants, and employees commits social evils; They do not use, store, and circulate noxious cultural products, do not propaganda and perform acts of superstition.

c) Their activities are in order and discipline; they comply with regulations on work, regulations on democracy and promote internal solidarity and help each other to make progress;

d) None of their officials, public servants, and employees smoke in the workplace or drink beer during work hours whose clothes must be neat, polite; their offices must be clean, beautiful, safe; their office precinct must follow the approved design.

3. Comply with policies of communist Party and the law of the State:

a) 100% of officials, civil servants, and employees master, strictly comply with policies of communist Party, the State law, and local regulations;

b) There are no law offenders warned or more; offices are safe and ensure order and security; there are no unlawful complainants;

c) The administrative reform and regulation on 8-hour working are effectively implemented, the state budget and allocated funding are managed and effectively used; there is no waste and corruption; they actively fight against corruption.

Article 5. Standards of recognition of "cultural standard enterprise"

1. Complete the tasks of production, trading, and services:

a) They complete the annual set targets of production, trading, and services;

b) Their brand, products are reputable in market;

c) They have initiatives in improvement of management, technological innovation, improvement of efficiency of production and trading, reducing indirect costs; make reasonable division of labor;

d) 80% or more of workers are regularly provided training courses to improve their skills, take periodic examinations to increase their wage; they work effectively under discipline with productivity, quality.

2. Adopt a civilized lifestyle, develop enterprise culture:

a) They have harmonious, stability, and advanced labor relations between employees and employers;

b) They develop and effectively implement labor regulations; ensure labor safety, labor hygiene, fire prevention;

c) 80% or more of employers and employees effectively implement regulations on civilized lifestyle in wedding, funerals, and festivals;

d) There is no one committing social evils; do not use, store, transport of harmful cultural products; ensure order, security, and social security;

dd) Effectively implement regulation on environmental protection; wastewater collection and treatment system satisfies the standard as prescribed by law; their precinct must be clean and beautiful;

e) They do not smoke in their place or drink alcohol during work hours.

3. Improve physical life, spiritual culture of employees:

a) 100% of workers are allowed to conclude labor contracts, have regular jobs, stable income;

b) They must facilitate workers in workplace, housing, kindergarten, preschool, union activities; support workers in misfortune;

c) They ensure facilities, cultural and sport activities for workers; regularly organize cultural activities, musical performance, sports, sightseeing trips and recreation activities for workers

4. Comply with policies of communist Party and the State’s law:

a) They propagate policies and legislation on relevant fields to 100% of employers and employees are

b) They fulfill all obligations to the State; actively participate in the programs of social security;

c) They strictly implement all regulations, policies, and legal rights of workers under the provisions of law;

d) They produce, trade, and compete fairly as prescribed by law.

Chapter III

PROCEDURES OF CONSIDERATION AND RECOGNITION OF "CULTURAL STANDARD AGENCY, UNIT, ENTERRPISE"

Article 6. Procedures for registration, consideration, and recognition

1. The Chairman of trade union of agency, unit, enterprise shall make an application for registration of cultural standard agencies, units, and enterprises, certified by its head and submit to the Confederation of Labor at district level for monitoring and aggregate; the Confederation of Labor at district level shall request the Steering Committee of the Movement "All people unite to build a cultural life" for consideration and requesting the President of People’s Committee of district for recognition.

2. The Steering Committee of the Movement “"All people unite to build a cultural life" at district level shall summarize the application, send to the Standing Office of the Steering Committee of the Movement "All people unite to build a life culture " at provincial level for summary and requesting the Steering Committee of the Movement " All people unite to build a cultural life " at provincial level for consideration and requesting the President of the provincial People’s Committee People's for recognition.

3. The Steering Committee of the Movement "All people unite to build a cultural life" at district and provincial level shall assess the result of meeting standards for recognition of cultural standard agency, unit, and enterprise.

4. State management agencies on Culture, Sports and Tourism shall cooperate with the agency on emulation and commendation of the same level to request the President of People’s Committee of district and province levels for issuance of decision on recognition, re-accreditation and granting of Certificate of recognition of cultural standard agency, unit and enterprise.

Processing period is ten (10) working days from the date of receiving a satisfactory application.

5. Conditions for recognition:

a) Meeting the standards specified in Articles 4 and 5 of this Circular and additional criteria prescribed by the provincial People's Committee; Ministries and Departments, central unions(if any);

b) The required time for registration of cultural standard agency, unit, and enterprise is two (02) years or more (first accreditation) and five (05) years or more for agencies, units, and enterprises that have been recognized (re-accreditation).

c) The time of registration for cultural standard agency, unit, and enterprise is at the beginning of the year.

Article 7. Procedures for recognition

1. Reports on achievements in building agency, unit, enterprise to meet cultural standard of the trade union of such agency, unit, enterprise, certified by its heads:

- Report of two (02) years for first accreditation;

- Report of five (05) years for re-accreditation;

2. Request of the Steering Committee of the Movement "All people unite to build a cultural life" at district and provincial levels.

The application shall be made in one (01) set and  submitted to Confederation of Labor of district level.

3. Based on the application and inspection record of the Steering Committee of the movement "All people unite to build a cultural life" of district and provincial levels, the Presidents of People’s Committees of district and province levels shall issue a decision on recognition of " cultural standard agency, unit, enterprise" and grant the certificate of recognition of "cultural standard agency", " cultural standard unit", " cultural standard enterprise". If the Presidents of People’s Committees of district and province levels do not recognize, they must make a written reply, providing explanations.

Article 8. Commendations and rewards

1. The Certificate of recognition of “cultural standard agency, unit, enterprise” shall be issued along with rewards from localities, departments, and unions based on their budget and socialization resources; forms of encouragement with material benefits for cultural standard agencies, units, and enterprises are encouraged; equipment used for cultural activities, sports shall be provided for cultural standard agencies, units and enterprises

2. Typical cultural standard agencies, units, and enterprises shall get commendations and rewards from the Central Steering Committee of the Movement of "All people unite to build a cultural life" within their competence requesting competent authorities for commendations and rewards.

Chapter IV

IMPLEMENTATION

Article 9. Responsibilities

1. Ministries, Departments, central unions, members of the Central Steering Committee, the provincial People's Committee, the Steering Committee of the Movement "All people unite to build a cultural life" at provincial level shall direct the implementation of this Circular.

2. The Ministry of National Defense and the Ministry of Public Security shall specify standards for recognition of titles of agencies, units ,and enterprises in the People's Army, the People's Police pursuant to this Circular.

3. State management agencies on Culture, Sports, and Tourism shall take charge to formulate the plan and cooperate with related agencies and organizations to provide guidance and implement this Circular; annually make budget estimates on implementation, inspection, assessment, printing and granting Certificate of recognition of cultural standard agencies, units, enterprises, aggregate in their state budget estimates in accordance with the legislation on the state budget.

Article 10. Actions against violations

1. Cultural standard agencies, organizations, and enterprises which do not maintain the standard for recognition of cultural standard agency, unit, enterprise shall be ineligible for re-accreditation. If they commit serious violations of standards, their names shall be deleted from the list; the level issuing the decision on recognition shall issue the decision on deleting names in the list.

2. Individuals, groups competent in recognition of cultural standard agency, unit, and enterprise committing violations leading to false achievement of agencies, units, enterprises shall be handled according to law depending on the nature and severity of their violations.

Article 11. Implementing provisions

1. This Circular takes effect from October 1, 2014 and replaces Circular No. 01/2012 / TT-BVHTTDL dated January 18, 2012 of the Minister of Culture, Sports and Tourism detailing standards and procedures for consideration and recognition "cultural standard agency", "culture standard unit", "cultural standard enteprise"

Any problem arising during the implementation should be reported to the Ministry of Culture, Sports and Tourism for study, amendment, and supplementation./.

APPENDIX

(Enclosed herewith the Minister of Culture, Sports and Tourism’s Circular No. 08/2014/TT-BVHTTDL dated September 24, 2014)

Forms of Certificate of recognition of cultural standard agency, unit, enterprise.

1. Size:

- Length: 360 mm, width: 270 mm.

- Inside design: length: 290 mm, width: 210 mm.

- Material and Quantitative: white paper, weighing: 150g / m2.

3. Style: color pattern is decorated around it, the national emblem is in the upper center (1)

4. Contents:

- Lines 1, 2: official name of the country (2).

Space

- Line 3: Decision competence (3).

- Line 4: Give the title to ... (4).

- Line 5: cultural standard agency, unit, enterprise. (5)

Space

- Line 6: Name of unit (individual) that is awarded (6).

- Line 7: Achievements (7).

Space

- Line 8:

+ On the left: Decision’s number and date.

+ On the right: Place and date (8)

- Line 9:

+ On the left: Gold book’s number (9).

+ On the right: Head of agency (10)

Space (3.5 cm): signature, stamp

Line 10: Full name of the signer (11)

Notes:

(1): printed national emblem .

(2): official name of the country :

+ Words: "SOCIALIST REPUBLIC OF VIETNAM" (bold, black capital letters).

+Words: "Independence-Freedom-Happiness" ( bold, black, small letters)

- (3) Decision competence: Words: “Presidents of People’s Committees of district, province level” ( red, capital letters)

- (4): black, capital letters

- (5): red, capital letters

- (6), (7), (8), (9): Black, small letters.

- (10): black, capital letters

- (11): black, small letters

- Font size in contents, units make their own regulation accordingly, ensuring beautiful formal form. /.