Chương I Luật Thi đua, khen thưởng 2022: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for subjects, scope, rules, forms, standards, entitlements, and procedures for emulation and commendation.

Article 2. Regulated entities

This Law applies to Vietnamese individuals, collectives, and households; Vietnamese individuals and collectives residing abroad; foreign individuals and collectives.

Article 3. Interpretation of terms

For the purpose of this Law, the following terms shall be construed as follows:

1. "Emulation" means an organized activity launched by a competent person with the voluntary participation of individuals, collectives, and households.

2. “Emulation titles” mean the form of recognition, praise, honor, and encouragement with physical benefits for individuals, collectives, and households with achievements in emulation.

3. “Commendation” means the recognition, praise, honor, and encouragement with physical benefits for individuals, collectives, and households with achievements in Fatherland Construction and Defense.

4. “Initiatives” means new solutions in terms of technique, management, operation, and application of technical advances that have been applied at grassroots levels and have achieved effectiveness and realistic benefits which can be used widely and are recognized by competent authorities.

5. “Ministries, departments, central authorities, and provinces” include Ministries, ministerial agencies, governmental agencies; Supreme People's Court of Vietnam; Supreme People’s Procuracy; CPV (Communist Party of Vietnam) Central Office, CPV Departments, and equivalences at central levels; National Assembly Office of Vietnam; Office of the President of Vietnam; State Audit; Central Committee of the Vietnam Fatherland Front and central agencies of socio-political organizations and social-political-vocational organizations with CPV Designated Representations or CPV organizations under the block of CPV Committees of central agencies; People's Committees of provinces and centrally affiliated cities.

6. “Decennial anniversary” is the anniversary that occurs every 10 years.

Article 4. Objectives of emulation and commendation

1. Emulation aims to attract and encourage every individual, collective, and household to promote the tradition of patriotism, unity, innovation, proactivity, creativity for good fulfillment of tasks and best achievements in Fatherland Construction and Defense for the goal of wealthy people, strong nation, democracy, equality, and civilization.

2. Commendation aims to encourage individuals, collectives, and households to enthusiastically emulate; recognize the meritorious services and achievements of individuals, collectives, and households in Fatherland Construction and Defense.

Article 5. Emulation and commendation principles

1. Emulation principles include:

a) Voluntariness, self-consciousness, publicity, and transparency;

b) Unity, cooperation, and mutual development.

2. Commendation principles include:

a) Accuracy, publicity, transparency, equality, and timeliness;

b) Assurance of uniformity between forms and subjects of commendation and meritorious services and achievements;

c) One commendation form may be awarded many times to one subject; prohibition against provision of multiple awards or other forms of commendation to one achievement; provision of commendation to the corresponding achievement;

d) Focus on the provision of commendations to individuals, collectives, and households that directly work, produce, and conduct business; individuals and collectives that work in borders, seas, islands, and regions with extremely difficult socio-economic conditions.

3. Assurance of gender equality in emulation and commendation

Article 6. Emulation titles

1. Emulation titles for individuals.

2. Emulation titles for collectives.

3. Emulation titles for households. 

Article 7. Bases for consideration for awarding emulation titles

1. Emulation movements.

2. Emulation achievements.

3. Emulation title criteria.

Article 8. Commendation types

1. Commendations for meritorious services are for individuals or collectives that regularly achieve excellent achievements in Fatherland Construction and Defense.

2. Irregular commendations are timely commendations for individuals, collectives, or households that irregularly achieve excellent achievements. 

3. Emulation movement commendations are for individuals, collectives, or households that have excellent achievements in emulation movements launched and directed by competent authorities within a specific time or thematic emulations for political tasks of the CPV or the State.

4. Contribution process commendations are for individuals who have long-term participation in revolutionary periods or Fatherland Construction and Defense, hold the leading or managerial positions in state agencies, public service providers, political organizations, socio-political organizations, social-political-vocational organizations, social organizations, or socio-vocational organizations with tasks assigned by the CPV or State, conduct meritorious services, or contribute achievements to the revolutionary cause of the CPV and the nation.

5. Seniority-based commendations are for individuals of the People’s Army and the People’s Public Security who have achievements and working histories in the people’s armed forces.

6. Diplomatic commendations are for Vietnamese individuals or collectives residing abroad; foreign individuals or collectives that contribute achievements to the Fatherland Construction and Defense of Vietnam.

Article 9. Forms of commendations

1. Order.

2. Medal.

3. Honorary title of the state.

4. “Giải thưởng Hồ Chí Minh” (Ho Chi Minh Prize), “Giải thưởng Nhà nước” (State Prize).

5. Commemorative medal.

6. Diploma of Merit.

7. Certificate of Merit.

Article 10. Bases for consideration for commendations

1. Achieved achievments.

2. Commendation standards.

3. Specific conditions and circumstances of the achieved achievement.

Article 11. Emulation and commendation fund

1. The emulation and commendation fund is established based on the state budget, from emulation and commendation funds of enterprises, other economic organizations, contributions of Vietnamese individuals and organizations, foreign individuals and organizations, and other revenue sources according to regulations of the law.

2. The emulation and commendation fund is used for expenditures on the organization of emulation and commendation; expenditures on awards regarding emulation titles and commendation forms for achievements in Fatherland Construction and Defense; expenditures on printing and making commendation items or gifting souvenirs to individuals, collectives, or households.

3. Ministries, departments, central authorities, administrative divisions, organizations, and units shall establish emulation and commendation funds for expenditures on the organization of emulation movements and implementation of policies and regulations on commendation in compliance with regulations of the law.

4. Persons who issue commendation decisions shall conduct expenditures on commendation allocated from the emulation and commendation fund under the management of their agency; in case the President of Vietnam, Government of Vietnam, or Prime Minister of Vietnam decides on the commendation, agencies that requested for commendation prescribed in Clauses 2, 3, and 4 Article 83 of this Law shall conduct expenditures on commendations allocated from the emulation and commendation fund under their management.

5. The Government of Vietnam shall elaborate the establishment, management, and use of emulation and commendation funds.

Article 12. Commendation items

1. Commendation items are special products protected by the State to be gifted to collectives, households, gifted or posthumously gifted to organizations when competent authorities issue commendation decisions, including orders, medals, and badges of titles of “Anh hùng Lực lượng vũ trang nhân dân” (Hero of People's Armed Forces), “Anh hùng Lao động” (Labor Hero), “Bà mẹ Việt Nam anh hùng” (Vietnamese Heroic Mother), “Chiến sĩ thi đua toàn quốc” (National Emulation Fighter); commemorative medals; diplomas, flags, or certificates of commendations of emulation titles and commendation forms.

2. The Government of Vietnam shall elaborate on the form, color, number of stars, and number of stripes for each type and grade of orders, medals, and badges of titles of “Hero of People’s Armed Forces”, “Labor Hero”, “Vietnamese Heroic Mother”, and “National Emulation Fighter”; materials, and frame sizes of types of orders, medals, diplomas, flags, and certificates of emulation titles and commendation forms; procedures for the issuance, exchange, and re-issuance of commendation items.

Article 13. Responsibilities of agencies, organizations, and units in emulation and commendation work

1. Heads of agencies, organizations, and units shall directly lead, direct, and take responsibility for the result of emulation and commendation work; detect individuals, collectives, and households with achievements to commend based on entitlements or as requested by superior agencies; expand the typical advanced model; assess achievements; take responsibility for issuing commendation decisions and presenting such decisions to superior agencies.

2. Agencies, organizations, and units shall apply information technology and modernization of management to emulation and commendation work.

3. The Vietnam Fatherland Front and its member organizations shall, within their scope of tasks and entitlements, implement regulations prescribed in Clause 1 and Clause 2 of this Article and shall:

a) Disseminate, mobilize, and encourage union members, members, and the People to comply with laws on emulation and commendation;

b) Organize or cooperate with agencies, organizations, and units in organizing emulation movements;

c) Supervise the implementation of policies and laws on emulation and commendation and social criticism regarding drafts of policies and laws on emulation and commendation.

4. Press agencies shall implement regulations prescribed in Clause 1 and Clause 2 of this Article and regularly disseminate guidelines of the CPV, policies and laws of the State on emulation and commendation; actively participate in detecting individuals, collectives, and households with excellent achievements; disseminate and popularize goods examples, good people, and good deeds, contributing to the encouragement of emulation movements. The dissemination work must reflect the correct result of emulation movements and commendation and timely reflect and fight against violations of laws on emulation and commendation.

5. Agencies, organizations, and units that provide advisory services and assistance regarding emulation and commendation work shall:

a) Provide advisory services and propose the implementation of emulation and commendation work;

b) Provide advisory services for the launch emulation movements; develop programs, plans, and contents of emulation;

c) Guide, urge, and inspect the implementation of emulation and commendation work; receive, consider, and appraise applications for emulation titles and commendation forms; present such applications to competent authorities for consideration of issuance of commendation decisions;

d) Provide advisory services regarding the preliminary and summary of emulation movements.

Article 14. Responsibilities of Vietnamese individuals and organizations when receiving commendation forms from foreign individuals or organizations

1. Vietnamese individuals and organizations, when receiving commendation forms from foreign individuals or organizations, must have the approval of competent state agencies of the Socialist Republic of Vietnam or comply with international treaties that the Socialist Republic of Vietnam is a signatory.

2. The Government of Vietnam shall elaborate this Article.

Article 15. Prohibited acts in emulation and commendation

1. Organizing emulation and commendation contrary to policies and laws of the State; taking advantage of emulation and commendation for personal profits.

2. Obstructing, harassing, and creating negativity in emulation and commendation work.

3. Making false declarations, forging documents, and conducting false confirmations and requests in emulation and commendation.

4. Exploiting positions and entitlements to request or decide to award emulation titles or commendation forms contrary to the law.

5. Using commendation items contrary to customs and traditions of the nation and social ethics, which adversely affects society.

6. Using the emulation and commendation fund contrary to the law.