Chương IV Luật Thi đua, khen thưởng 2022: Thẩm quyền quyết định, trao tặng; thủ tục, hồ sơ đề nghị xét tặng danh hiệu thi đua và hình thức khen thưởng

Chapter IV

COMPETENCE TO DECIDE AND AWARD; PROCEDURES AND APPLICATIONS FOR CONSIDERATION FOR AWARDING EMULATION TITLES AND COMMENDATION FORMS

Section 1. COMPETENCE TO DECIDE ON COMMENDATION AND AWARD EMULATION TITLES AND COMMENDATION FORMS

Article 77. Competence of the President of Vietnam

The President of Vietnam shall decide on the award of orders, medals, “Ho Chi Minh Prize”, “State Prize”, and honorary titles of the state.

Article 78. Competence of the Government of Vietnam and Prime Minister of Vietnam 

1. The Government of Vietnam shall decide on the award of the “Emulation Flag of the Government of Vietnam”.

2. The Prime Minister of Vietnam shall decide on the award of the “National Emulation Fighter” title and “Diploma of Merit of the Prime Minister of Vietnam”.

Article 79. Competence of the Standing Committee of the National Assembly of Vietnam, Ministers, Heads of Ministries, departments, central authorities, and Chairmen of People's Committees of provinces

1. The Standing Committee of the National Assembly of Vietnam shall decide on the award of commemorative medals.

2. Ministers, Heads of ministerial agencies, governmental agencies, Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy, Chief of Office of the CPV Central Committee, Heads of departments of the CPV and equivalences at central levels, Chairman of the Office of the National Assembly of Vietnam, Chairman of the Office of the President of Vietnam, Auditor General of Vietnam, heads of central agencies of the Vietnam Fatherland Front and socio-political organizations, social-political-vocational organizations with CPV Designated Representations or organizations of the block of CPV Committees of central agencies shall decide on the award of diplomas of merit, emulation flags of Ministries, departments, and central authorities, titles of  "Excellent Labor Collective", Emulation Fighter of Ministries, departments, and central authorities, and commemorative medals; heads of central agencies of social organizations, socio-vocational organizations shall be assigned to decide on the award of commemorative medals by the CPV and the State.

3. Ministers, Heads of Ministries, departments, heads of central agencies of the Vietnam Fatherland Front, and socio-political organizations at central levels shall decide on the award of titles of "Advanced Labor Collective", "Grassroots-Level Emulation Fighter", and "Advanced Laborer" or authorize heads of agencies, organizations, or units without legal status of Ministries, departments, and central authorities to decide on the award of such titles.

4. Chairmen of People’s Committees of provinces shall decide on the award of provincial emulation flags, “Excellent Labor Collective” titles, provincial emulation fighter titles, titles of typical communes, wards, towns, diplomas of merit, and commemorative medals.

5. The competence to award titles of “Determined-to-Win Unit” and “Excellent Labor Collective” in the People’s Army and People’s Public Security shall be stipulated by the Government of Vietnam.

Article 80. Competence of Directors, heads of agencies, organizations, and units with legal status of Ministries, departments, central or provincial authorities, People’s Committees of provinces, People’s Committees of communes, and relevant agencies, organizations, and units

1. Directors of agencies, organizations, and units with legal status of Ministries, departments, central authorities and Directors of specialized agencies of People's Committees of provinces and equivalences shall decide on the award of titles of "Advanced Labor Collective", "Grassroots-Level Emulation Fighter", and "Advanced Laborer" and diplomas of merit.

2. Chairmen of People’s Committees of districts shall decide on the award of titles of village or street quarter of culture, “Advanced Labor Collective”, “Grassroots-Level Emulation Fighter”, “Advanced Laborer”, and diplomas of merit.

3. Chairmen of People’s Committees of communes shall decide on the award of titles of “Advanced Laborer” and “Family of Culture” and diplomas of merit.

4. General directors, directors of enterprises and collectives shall decide on the award of titles of “Advanced Labor Collective”, "Grassroots-Level Emulation Fighter", and "Advanced Laborer" and diplomas of merit; Chairmen of Administration Boards and Chairmen of Member Boards shall decide on the award of certificates of merit.

5. The competence to award titles of “Determined-to-Win Unit”, “Excellent Labor Collective”, “Grassroots-Level Emulation Fighter”, “Advanced Laborer”, and “Advanced Fighter” in the People’s Army, People’s Public Security, standing militia, and mobile self-defense militia shall be stipulated by the Ministry of National Defense and Ministry of Public Security of Vietnam.

Article 81. Competence of agencies, organizations, and individuals regarding commendation forms

1. Aside from the commendation forms prescribed in this Law, competent agencies, organizations, and individuals may implement other commendation forms to encourage and timely praise individuals and collectives with achievements in labor, production, and work and encourage emulation movements to comply with this Law.

2. Businessmen, enterprises, and other economic organizations that provide contributions to the socio-economic development of Vietnam shall be considered for honor and prizes. The consideration for honoring and awarding titles and prizes shall follow the following principles:

a) The consideration for awarding and disclosing titles and prizes shall be publicly, objectively, fairly, and equally organized based on the voluntary basis of businessmen, enterprises, and other economic organizations, ensuring compliance with this Law and relevant laws;

b) Each agency and organization may only organize up to 2 prizes or titles nationwide. Names and contents of titles and prizes shall be in accordance with functions, tasks, management fields, and operations of agencies and organizations as prescribed by law.

3. The Government of Vietnam shall elaborate Clause 2 of this Article.

Article 82. Competence to award

1. Persons competent to decide on the award of emulation titles and commendation forms shall directly award or posthumously award such emulation titles and commendation forms.

2. Ambassadors or heads of diplomatic missions of the Socialist Republic of Vietnam abroad shall be authorized to award commendation forms of the State of Vietnam to individuals and collectives residing in corresponding countries.

3. The Government of Vietnam shall elaborate on the award of emulation titles and commendation forms.

Section 2. PROCEDURES AND APPLICATIONS FOR CONSIDERATION FOR AWARDING EMULATION TITLES AND COMMENDATION FORMS

Section 83. Competence to request consideration for awarding emulation titles and commendation forms

1. Emulation titles shall be reviewed and requested by grassroots units of agencies, organizations, units, enterprises, and other economic organizations. Managerial entities on organizations, officials, public employees, employees, and salary funds or heads of enterprises or other economic organizations, Chairmen of People's Committees of communes shall consider awarding emulation titles and commendation forms or request competent authorities to consider awarding emulation titles and commendation forms to subjects under their management.

2. Ministers, Heads of ministerial agencies, governmental agencies, Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy, Chief of Office of the CPV Central Committee, Heads of departments of the CPV and equivalences at central levels, Chairman of the Office of the National Assembly of Vietnam, Chairman of the Office of the President of Vietnam, Auditor General of Vietnam, heads of central agencies of the Vietnam Fatherland Front and socio-political organizations, social-political-vocational organizations with CPV Designated Representations or organizations of the block of CPV Committees of central agencies, Directors of National Universities, Chairmen of People's Committees of provinces shall consider recognizing achievements and suggesting that the Prime Minister of Vietnam requests the President of Vietnam to award orders, medals, “Ho Chi Minh Prizes", "State Prizes", and honorary titles of the state.

3. Heads of agencies assigned to provide advisory services and assistance on emulation and commendation by the Standing Committee of the National Assembly of Vietnam shall suggest that the Prime Minister of Vietnam requests the President of Vietnam to consider awarding orders, medals, "Ho Chi Minh Prizes", "State Prizes", and honorary titles of the state to deputies of the National Assembly of Vietnam who are working full time at central levels and agencies of the National Assembly of Vietnam and agencies of the Standing Committee of the National Assembly of Vietnam.

Deputies of the National Assembly of Vietnam working full time at administrative divisions shall be requested to be awarded by local competent persons according to the decentralization of management competence regarding local officials.

4. Ministers, Heads of ministerial agencies, governmental agencies, Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy, Chief of Office of the CPV Central Committee, Heads of departments of the CPV and equivalences at central levels, Chairman of the Office of the National Assembly of Vietnam, Chairman of the Office of the President of Vietnam, Auditor General of Vietnam, heads of central agencies of the Vietnam Fatherland Front and socio-political organizations, social-political-vocational organizations with CPV Designated Representations or organizations of the block of CPV Committees of central agencies, Directors of National Universities, Chairmen of People's Committees of provinces shall request the Government of Vietnam to consider awarding “Emulation Flags of the Government of Vietnam”; request the Prime Minister of Vietnam to consider awarding “Diplomas of Merit of the Prime Minister of Vietnam” and titles of “National Emulation Fighter”.

5. Heads of agencies assigned to provide advisory services and assistance on emulation and commendation by the Standing Committee of the National Assembly of Vietnam shall request the Standing Committee of the National Assembly of Vietnam to award commemorative medals to individuals with contributions to the development of the National Assembly of Vietnam.

6. Heads of agencies and organizations that provide advisory services and assistance with emulation and commendation shall detect individuals and collectives that have outstanding achievements to request competent authorities to commend such individuals and collectives.

7. The Government of Vietnam shall elaborate on the competence to request commendations regarding enterprises and other economic organizations.

Section 84. Applications for requesting consideration for awarding emulation titles and commendation forms

1. An application for requesting consideration for awarding emulation titles include:

a)  A statement on request for consideration for awarding emulation titles;

b) A report on achievements of the individual or collective;

c) Minutes of emulation review;

d) Certificates or verifications of competent agencies or organizations regarding initiatives, scientific topics, scientific projects, scientific works, and technological works in case of requesting titles of "Grassroots-Level Emulation Fighter",  Emulation Fighter of Ministry, Department, and Central or Provincial Authority, and "National Emulation Fighter".

2. An application for requesting consideration for awarding commendation forms include:

a) A statement on request for consideration for awarding commendation forms;

b) A report on achievements of the individual or collective;

c) Minutes of commendation consideration;

d) Certificates or verifications of competent agencies or organizations regarding special, irregular, and outstanding achievements in labor, work, production, business, study, and scientific research or other fields; great contributions to the socio-economic development, assurance of social security, and humanitarian charity; inventions, initiatives, and application of scientific and technological progress or scientific and technological works.

3. In case of requests for the award of orders, medals, honorary titles of the state, ”Ho Chi Minh Prizes”, “State Prizes”, “Emulation Flags of the Government of Vietnam”, and "Diplomas of Merit of the Prime Minister of Vietnam", the application shall contain the suggestion of relevant agencies and organizations at central levels or People's Committees of provinces.

4. In case of requests for the Government of Vietnam or the Prime Minister of Vietnam to consider awarding emulation titles and commendation forms or suggestion that the Prime Minister of Vietnam requests the President of Vietnam to consider awarding commendations, the person competent to request the award of emulation titles and commendation forms prescribed in Clauses 2, 3, and 4 Article 83 of this Law shall send 1 original dossier of applications enclosed with electronic files of such applications, except for documents containing state confidential contents to the central agencies in charge of emulation and commendation.

5. Persons competent to request the award of commendation forms of orders, “Ho Chi Minh Prizes”, “State Prizes”, and honorary titles of the state prescribed in Clause 2 and Clause 3 Article 83 of this Law shall disclose the list of individuals and collectives before requesting the award.

6. The number of applications for emulation titles and commendation forms subject to the decision and consideration of Ministries, departments, and central or provincial authorities shall be stipulated by such entities. Applications for consideration for awarding emulation titles shall be archived according to the law.

7. The Government of Vietnam shall elaborate on the application and procedures for awarding emulation titles and commendation forms; the recognition of the level of task completion of individuals and collectives and the disclosure are prescribed in Clause 5 of this Article.

Article 85. Commendation according to simple procedures

1. The request for consideration for awarding commendation forms according to simple procedures applies to the following cases:

a) Commendations for political obligations of the CPV and the State aim to timely encourage the public;

b) Individuals and collectives that have irregularly outstanding achievements in combat, armed services, labor, work, production, business, study, and scientific research or other fields or have brave acts of saving people, State assets, People's Assets, or have international awards of the region or the world;

c) Commendations detected by heads of agencies, organizations, and units;

d) Commendations for contributions, Seniority-based commendations, and diplomatic commendations;

dd) Commendations for achievements that have state confidential contents.

2. The Government of Vietnam shall elaborate this Article.