Chương 4 Luật Thi đua, Khen thưởng 2003: Thẩm quyền quyết định, trao tặng, thủ tục, hồ sơ đề nghị khen thưởng

Chapter IV

DECIDING AND AWARDING COMPETENCE, PROCEDURES AND DOSSIERS OF PROPOSAL FOR COMMENDATION

Section 1. DECIDING AND AWARDING COMPETENCE

Article 77.- The State President shall decide to confer orders, medals, the "Ho Chi Minh Prize," the "State Prize" and State honorable titles.

Article 78.- The Government shall decide to confer the "Government's Emulation Flag."

The Prime Minister shall decide to confer the "National Emulation Fighter" title and the "Prime Minister's Diploma of Merit."

Article 79.- Ministers, heads of ministerial-level agencies or Government-attached agencies, the chief judge of the Supreme People's Court, the chairman of the Supreme People's Procuracy, leaders of central agencies or organizations of mass organizations, and presidents of provincial-level People's Committees shall decide to award diplomas of merit, emulation flags, the "Excellent Labor Collective" title, the "Determined- To-Win Unit" title and the title of Emulation Fighter of the ministerial-, branch-, provincial or central mass organization-level.

Article 80.-

1. Heads of agencies or organizations under ministries, branches, ministerial-level agencies, Government-attached agencies; chairmen of Managing Boards, general directors, directors of State enterprises; heads of professional agencies and the equivalent under the provincial-level People's Committees, and presidents of district-level People's Committees shall decide to award the "Grassroots-Level Emulation Fighter," "Advanced Laborer," "Advanced Fighter," "Advanced Labor Collective" and "Advanced Unit" titles and certificates of merit.

2. The presidents of district-level People's Committees shall decide to award the title of Cultured Village, Hamlet or Street Quarter Group.

3. The presidents of commune-level People's Committees shall decide to award certificates of merit and the "Cultured Family" title.

Article 81.-

1. Persons competent to decide certain commendation forms shall directly award or authorize others to award commendations of such forms.

2. Ambassadors or heads of foreign-based diplomatic representation missions of the Socialist Republic of Vietnam shall be authorized to award commendations of various forms of the Vietnamese State to collectives and individuals in their host countries.

Article 82.- The organization of the award of emulation titles and commendations of various forms shall be prescribed by the Government.

Section 2. PROCEDURES AND DOSSIERS OF PROPOSAL

Article 83.-

1. Ministers, heads of ministerial-level agencies or Government-attached agencies, the chief judge of the Supreme People's Court, the chairman of the Supreme People's Procuracy, leaders of central agencies or organizations of mass organizations, and presidents of provincial-level People's Committees shall consider and submit to the Prime Minister for proposal to the State President to decide to confer orders, medals, the "Ho Chi Minh Prize," the "State Prize," and State honorable titles.

2. Ministers, heads of ministerial-level agencies or Government-attached agencies, leaders of central agencies or organizations of mass organizations, and presidents of provincial-level People's Committees shall propose the Government to decide to award the "Government's Emulation Flag," propose the Prime Minister to decide to award the "Prime Minister's Diploma of Merit" and the "National Emulation Fighter" title.

3. Other emulation titles and commendation forms shall be proposed by the immediate subordinate levels of the persons competent to decide on emulation titles and commendation forms.

4. Functional agencies in charge of emulation and commendation shall receive and consider dossiers and assist competent persons in deciding on commendation.

Article 84.-

1. A dossier of consideration of an emulation title comprises:

a/ The achievement report of the individual or collective concerned;

b/ The proposal of the Emulation Council;

c/ The written record of the emulation assessment meeting.

2. A dossier of proposal for commendation comprises:

a/ The written statement of achievements of the individual or collective nominated for commendation;

b/ The written proposal for commendation, made by the head of the agency or organization having the individual or organization considered for commendation;

c/ In case of proposal for commendation of individuals or collectives with inventions, innovations, improvements, application of scientific and technological advances, compositions or creations in other domains, written certifications of competent management agencies must be enclosed.

3. In case of nomination for conferment of orders, medals, State honorable titles, the "Government's Emulation Flag" or the "Prime Minister's Diploma of Merit," written opinions of central State management agencies in the specialized hierarchies or local administrations shall be required.

Article 85.-

1. Cases which meet all the following conditions shall be proposed for commendation according to simple procedures:

a/ The commendation aims to serve political requirements, mobilize and encourage the masses in time;

b/ Individuals and/or collectives that have recorded unexpected outstanding achievements in combat, working, labor or study;

c/ Obvious achievements or meritorious services.

2. The commendation according to simple procedures shall be prescribed by the Government.

Article 86.- The Government shall prescribe the procedures, process and time limits for consideration of emulation titles and commendation forms.