Chương VII Nghị định 98/2023/NĐ-CP hướng dẫn Luật Thi đua, khen thưởng: Xét tôn vinh và trao tặng danh hiệu, giải thưởng cho doanh nhân, doanh nghiệp và tổ chức kinh tế khác

Chapter VII

HONORING AND AWARDING TITLES AND PRIZES TO BUSINESSMEN, ENTERPRISES, AND OTHER ECONOMIC ORGANIZATIONS

Section 1. SUBJECTS, PRINCIPLES, SCOPE, TIME, AND COMPETENCE TO HONOR AND AWARD TITLES AND PRIZES TO BUSINESSMEN, ENTERPRISES, AND OTHER ECONOMIC ORGANIZATIONS

Article 60. Subjects assessed for eligibility for being honored and awarded titles and prizes

1. Agencies and units competent to carry out assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations include:

a) Ministries, ministerial agencies, governmental agencies, central agencies of socio-political organizations, and Vietnam Chamber of Commerce and Industry (hereinafter referred to as “ministries, central authorities, and central unions”);

b) People’s Committees of provinces and centrally affiliated cities (hereinafter referred to as “Provincial People’s Committees”).

2. Subjects assessed for eligibility for being honored and awarded titles and prizes:

a) Vietnamese or foreign businessmen engaging in production and trading in Vietnam’s territory according to the law;

b) Enterprises of economic sectors and other economic organizations.

Article 61. Principles of honoring and awarding titles and prizes

1. Principles of honoring and awarding titles and prizes shall comply with Clause 2 Article 81 of the Law on Emulation and Commendation.

2. Titles and prizes awarded to businessmen, enterprises, and other economic organizations under this Decree are not commendation forms prescribed in the Law on Emulation and Commendation nor the grounds to calculate achievements during assessment for commendation forms at the State level.

Article 62. Organizational scope and time

1. Scope

a) Assessments for eligibility for being honored and awarded national titles and prizes shall be organized by ministries, central authorities, and central unions or inter-ministerial, inter-sectoral, and inter-provincial agencies. Participants shall be businessmen, enterprises, and other economic organizations in Vietnam;

b) Assessments for eligibility for being honored and awarded provincial titles and prizes shall be organized by Provincial People’s Committees. Participants shall be businessmen, enterprises, and other economic organizations with business registration in areas under the management of such Provincial People’s Committees.

2. Time

a) Assessments for eligibility for being honored and awarded national titles and prizes shall be organized once every 5 years;

b) Assessments for eligibility for being honored and awarded provincial titles and prizes shall be organized once every 3 years;

c) Any following assessment shall be based on the time of the previous organization of the Ceremony for Awarding Titles and Prizes.

Article 63. Competence to decide assessments for eligibility for being honored and awarded titles and prizes

1. Directors of ministries, central authorities, and central unions shall decide on the organization of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations under their management.

2. Presidents of Provincial People’s Committees shall decide on the organization of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations with business registration in areas under their management.

Section 2. RIGHTS AND RESPONSIBILITIES OF BUSINESSMEN AND ENTERPRISES; FUNDING FOR ASSESSMENTS FOR HONORING AND AWARDING TITLES AND PRIZES TO BUSINESSMEN, ENTERPRISES, AND OTHER ECONOMIC ORGANIZATIONS

Article 64. Rights and responsibilities of business, enterprises, and other economic organizations with awarded titles and prizes

1. They may receive Trophies, Certificates, and bonuses (if any) from organizing agencies and units and use or utilize logos of titles and prizes for commercial purposes.

2. They shall preserve and promote gained achievements and refrain from taking advantage of awarded titles and prizes for illegal act commission.

Article 65. Organizational funding

1. Funding for organizing assessments for honoring and awarding titles, prizes, and bonuses (if any) to businessmen, enterprises, and other economic organizations shall be carried out by organizing agencies and units.

Funding for assessments for eligibility for being honored and awarded titles, prizes, and bonuses shall be established from voluntary contributions from domestic and foreign businessmen, enterprises, organizations, and individuals in conformity with the law.

2. The management and use of funding prescribed in Clause 1 of this Article shall comply with the law. The funding shall be publicly used for organizing assessments for the award of titles and prizes.

Section 3. PARTICIPATION CONDITIONS; APPLICATIONS, PROCEDURES, AND ORGANIZATION OF ASSESSMENTS FOR HONORING AND AWARDING TITLES AND PRIZES TO BUSINESSMEN, ENTERPRISES, AND OTHER ECONOMIC ORGANIZATIONS

Article 66. Businessmen’s participation conditions

1. Having good moral qualities and strictly implementing the guidelines and policies of CPV, laws of the State, and regulations of their agencies, organizations, and residential areas.

2. Holding positions of managers of enterprises and other economic groups in a manner of stability and continuous development for at least 7 years when participating in assessments for titles and prizes of ministries, central departments, central unions, and socio-vocational organizations and for at least 5 years when participating in assessments for eligibility for being honored and awarded provincial titles and prizes of provinces or centrally affiliated cities (by the time of applying for participation). Regarding businessmen operating many different enterprises or changing jobs, the time spent operating enterprises and other economic organizations shall be accumulated to calculate conditions for participating in assessments for titles and prizes.

3. Proactively learning for improvement of enterprise management qualification and capacity.

4. Having innovation initiatives or new management measures or technical applications that contribute to the improvement of productivity, product quality, and competitiveness of enterprises and other economic groups.

5. Providing training in the improvement of qualifications and skills for workers and improving the quality of personnel for enterprises and other economic organizations. Successfully and adequately providing benefits for workers as prescribed by the law.

6. Proactively participating in emulation movements and contributing, supporting, and successfully carrying out social responsibilities of enterprises, businessmen, and other economic organizations in their areas; caring for the development of CPV organizations, Trade Unions, and mass associations (if any) in enterprises and other economic organizations.

7. Enterprises and other economic organizations managed by businessmen shall comply with the law, have revenues and profits, provide payments for the state budget, ensure stable and growing income for their workers, and not be subject to any complaint, denunciation, lawsuit, strike, or mass furlough.

Article 67. Participation conditions of enterprises and other economic organizations

1. Complying with conditions by registered sectors or professions or having issued investment licenses and complying with laws on enterprises, investment, labor, land, construction, environmental protection, intellectual property, quality of goods and products, and laws relevant to business and trading.

2. Having profitable production and trading activities and providing stable and growing payments for the state budget.

3. Having new scientific and technological initiatives and innovations applied to production and trading effectively; having innovation and creativity in production and trading that positively contribute to the general development of society and Vietnam.

4. Adequately complying with obligations concerning finance, tax, and other state budget revenues as prescribed by the law.

5. Ensuring that workers have stable jobs and gradually increasing income; adequately and promptly providing social insurance, health insurance, and unemployment insurance benefits and benefits of relevant policies and laws for workers.

6. Successfully carrying out social security work, proactively and effectively participating in emulation movements launched by ministries and central or local authorities; proactively developing CPV organizations, Trade Unions, and mass associations (if any) in enterprises and other economic organizations.

7. Not being subject to any complaint, denunciation, lawsuit, strike, or mass furlough.

Article 68. Applications and procedures for national scope

1. Applications

a) Written requests of agencies, organizations, and units of ministries, central authorities, and central unions;

b) Organizational schemes containing names of titles and prizes and organizational contents; organizational purposes and requirements; expected time and location of the organization (organizational locations shall ensure fire and explosion safety and order and security; organizational scope and forms; quantity and structure of titles and prizes; composition of the Organizational Board and Council for assessments for eligibility for being honored and awarded titles and prizes with specific regulations on the quantity, structure, composition, functions, and tasks of the mentioned entities. The Head of the Organizational Board and the President of the Award Council shall be heads of ministries, central authorities, central unions, and socio-vocational organizations or heads of provinces or centrally affiliated cities. Members of the Award Council include representatives of relevant agencies, specialists with knowledge and qualification concerning sectors, fields, and contents of titles and prizes; financial schemes specifying revenue sources, collection principles, expense principles, expenditures, and responsibilities for financial management and implementation. Commitment of the organizing unit to not collect any fees from businessmen and enterprises participating in assessments for titles and prizes in any form;

c) Regulations on assessment for the award of titles and prizes, which stipulate professions, participants, award criteria (in conformity with the names and contents of titles and prizes and conditions prescribed in Article 66 and Article 67 of this Decree), methods of organizing assessment for the award titles and prizes.

2. Procedures

a) Applications to be presented to Directors of ministries, central authorities, and central unions shall be submitted through advisory agencies engaging in ministerial emulation and commendation work;

b) Within 10 working days from the date of receipt of adequate applications as per regulation, advisory agencies engaging in ministerial emulation and commendation work shall appraise and present such applications to Directors of ministries, central authorities, and central unions for decisions.

3. In case ministries, central authorities, and central unions have issued decisions on the issuance of regulations on the organization of assessments for honoring and awarding titles and prizes to businessmen and enterprises in conformity with this Decree, the organization of assessments for eligibility for being honored and awarded titles and prizes shall comply with regulations of ministries, central authorities, and central unions.

4. Directors of ministries, central authorities, and central unions shall decide on and assume responsibility for the organization of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations under their management.

Article 69. Applications and procedures for provincial scope

1. Applications

a) Written requests of departments and authorities of provinces and centrally affiliated cities;

b) Organizational schemes according to Point b Clause 1 Article 68 of this Decree, specifying professions, participants, award criteria, and methods and procedures for awarding titles and prizes.

2. Procedures

a) Applications to be presented to Presidents of Provincial People’s Committees shall be submitted through agencies specialized in provincial emulation and commendation work;

b) Within 10 working days from the date of receipt of adequate applications as per regulation, agencies specialized in provincial emulation and commendation work shall appraise and present such applications to Presidents of Provincial People’s Committees for decisions.

3. In case Provincial People’s Committees have issued decisions on the issuance of regulations on the organization of assessments for honoring and awarding titles and prizes to businessmen and enterprises in conformity with this Decree, the organization of assessments for eligibility for being honored and awarded titles and prizes shall comply with regulations of Provincial People’s Committees.

4. Presidents of Provincial People’s Committees shall decide on and assume responsibility for the organization of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations under their management.

Article 70. Organization of assessments for eligibility for being honored and awarded titles and prizes

1. After receiving decisions to honor and award titles and prizes to businessmen, enterprises, and other economic organizations, organizing agencies, units, and information and communications agencies shall carry out dissemination work and organize activities relevant to the award of titles and prizes.

2. Agencies and units shall organize assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations in compliance with the law, organizational schemes, and award regulations; collect feedback from relevant agencies and the people on mass media on the participating businessmen, enterprises, and other economic organizations.

3. Honoring and awarding titles and prizes of ministries, central authorities, and central unions to businessmen, enterprises, and other economic organizations shall be carried out by leaders of such ministries, central authorities, and central unions; titles and prizes of provinces and centrally affiliated cities shall be awarded by leaders of such provinces and centrally affiliated cities.

Article 71. Suspension of assessments for eligibility for being honored and awarded titles and prizes

1. Agencies and units shall be suspended from the organization of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations when they commit one of the following acts:

a) Organizing assessments for eligibility for being honored and awarded titles and prizes without permission from competent authorities;

b) Formulating untruthful applications for requesting competent authorities to permit the organization of assessments for eligibility for being honored and awarded titles and prizes;

c) Carrying out the organization contrary to schemes for and regulations on assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations approved by competent authorities;

d) Having acts of deceiving or forcing businessmen, enterprises, and other economic organizations to participate in assessments for eligibility for being honored and awarded titles and prizes;

dd) Mobilizing funding in specific forms from individuals and organizations participating in the voting for eligibility for being honored and awarded titles and prizes.

2. Advisory agencies engaging in ministerial emulation and commendation work shall, based on the conclusions of competent authorities, request ministerial Directors to suspend the organization of assessments for the award of national titles and prizes. Advisory agencies engaging in provincial emulation and commendation work shall request the Presidents of Provincial People’s Committees to suspend the organization of assessments for the award of provincial titles and prizes.

3. Applications for suspension include:

a) Statements of agencies engaging in provincial emulation and commendation work;

b) Conclusions of competent authorities on violations of agencies or units organizing assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations.

4. Suspension procedures:

a) Within 15 working days from the date of conclusions on legal violations in the organization of the award of titles and prizes to businessmen, enterprises, and other economic organizations, inspection teams or competent authorities shall send the conclusions to agencies specialized in ministerial or provincial emulation and commendation work;

b) Within 10 working days from the date of receipt of conclusions on legal violations, agencies specialized in ministerial or provincial emulation and commendation work shall request Directors of ministries, central authorities, and central unions or Presidents of Provincial People's Committees to issue decisions to suspend the organization of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations.

5. Suspended agencies and units shall immediately suspend the organization of assessments for eligibility for being honored and awarded titles and prizes, cancel results concerning awarded titles and prizes, and provide compensations (if any) for relevant organizations and individuals according to the law.

Article 72. Cancelation of results of assessments for eligibility for being honored and awarded titles and prizes

1. Businessmen, enterprises, and other economic organizations shall have their results concerning assessments for eligibility for being honored and awarded titles and prizes canceled if they commit one of the following acts:

a) Declaring untruthful achievements to participate in assessments for eligibility for being honored and awarded titles and prizes;

b) Taking advantage of awarded titles and prizes for legal violation commission;

c) Committing legal violations during the period of achievement calculation for assessments for eligibility for being honored and awarded titles and prizes liable for criminal prosecution.

2. Agencies and units organizing assessments for the award of titles and prizes shall, based on the conclusions of competent authorities concerning the untruthful declarations of achievements or legal violations of businessmen, enterprises, and other economic organizations, decide to cancel the results of award assessments, recover Trophies, Certificates, and bonuses (if any) awarded to businessmen, enterprises, and other economic organizations, and disclose such operation to communications agencies.

Article 73. Responsibilities of ministries, departments, central authorities, local authorities, and agencies and organizations relevant to assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations

1. The Ministry of Home Affairs of Vietnam shall assist the Government of Vietnam in the state management of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations.

2. Ministries, ministerial agencies, and People’s Committees of provinces and centrally affiliated cities shall, within their scope of tasks and entitlements, carry out the state management of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations; carry out assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations in compliance with this Decree.

3. Central agencies of socio-political organizations shall, within their scope of tasks and entitlements, implement regulations on the organization of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations according to this Decree.

4. Mass information agencies shall disseminate and popularize legal regulations on assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations; discover and disseminate advanced examples of businessmen, enterprises, and other economic organizations. Mass information agencies shall not televise or report cases of assessments for honoring and awarding titles and prizes to businessmen, enterprises, and other economic organizations contrary to the law.