Chương VIII Nghị định 98/2023/NĐ-CP hướng dẫn Luật Thi đua, khen thưởng: Thủ tục hủy bỏ quyết định tặng danh hiệu thi đua, hình thức khen thưởng; thủ tục tước, phục hồi và trao lại danh hiệu vinh dự nhà nước; thu hồi hiện vật khen thưởng và tiền thưởng

Chapter VIII

PROCEDURES FOR CANCELING DECISIONS ON THE AWARD OF EMULATION TITLES AND COMMENDATION FORMS; PROCEDURES FOR DEPRIVING, REINSTATING, AND RE-AWARDING STATE HONORABLE TITLES; PROCEDURES FOR RECOVERING COMMENDATION ITEMS AND BONUSES

Section 74. Applications and procedures for canceling decisions on the award of emulation titles and commendation forms

1. Collectives, individuals, and households committing acts prescribed in Clause 2 Article 93 of the Law on Emulation and Commendation shall have their decisions on the award of emulation titles and commendation forms canceled and received items and bonuses recovered.

2. Requesting authorities shall, based on the conclusions of competent authorities concerning whether individuals and collectives have acts of violations prescribed in Clause 2 Article 93 of the Law on Emulation and Commendation, request competent authorities to issue decisions to cancel decisions on the award of emulation titles and commendation forms and recovery of items and bonuses.

3. Applications for the cancelation of decisions on the award of emulation titles and commendation forms shall contain a set (original copy) of the following documents:

a) Statements of ministries, departments, and central or local authorities requesting the recovery of each emulation title and commendation form of individuals, collectives, and households;

b) Summary reports of authorities requesting the commendations on reasons for requesting competent authorities to cancel decisions on the award of emulation titles and commendation forms (enclosed with commendation decisions).

4. The Ministry of Home Affairs of Vietnam shall summarize applications and present them to the Prime Minister of Vietnam within 10 working days from the date of receipt of adequate applications as per regulation.

5. The Ministry of Home Affairs of Vietnam’s application, to be presented to the Prime Minister of Vietnam, includes the statement of the Ministry of Home Affairs of Vietnam enclosed with the applications prescribed in Clause 3 of this Article.

Article 75. Applications and procedures for depriving, reinstating, and re-awarding state honorable titles

1. Individuals and commercial juridical persons with awarded state honorable titles that commit violations prescribed in Clauses 3, 4, and 5 Article 93 of the Law on Emulation and Commendation shall have their state honorable titles deprived.

2. Within 30 days from the legally effective date of judgments, authorities requesting commendations shall request the Prime Minister of Vietnam to request the President of Vietnam to decide on the deprivation of state honorable titles.

3. Individuals and commercial juridical persons that are deprived of their state honorable titles and then receive legally effective judgments or decisions of the Court declaring their innocent and exemption from criminal liabilities or are not subject to cases prescribed in Clauses 3, 4, and 5 Article 93 of the Law on Emulation and Commendation shall have their state honorable titles reinstated or re-awarded.

4. Applications for deprivation, reinstatement, and re-award of state honorable titles shall contain a set (original copy) of the following documents:

a) Statements of ministries, departments, and central or local authorities;

b) Summary reports of the authorities requesting the commendations specifying the contents or reasons for requests and feedback from competent authorities.

5. The Ministry of Home Affairs of Vietnam shall summarize applications and present them to the Prime Minister of Vietnam within 10 working days after the date of receipt of adequate applications as per regulation.

6. The Ministry of Home Affairs of Vietnam’s application, to be presented to the Prime Minister of Vietnam, includes the statement of the Ministry of Home Affairs of Vietnam enclosed with the applications prescribed in Clause 4 of this Article.

Article 76. Recovery of commendation items and bonuses

1. Recovery of state commendation items and bonuses

a) Within 15 working days after the date of receipt of decisions on deprivation of state honorable titles or cancellation of commendation decisions of the President of Vietnam or decisions to award emulation titles and commendation forms of the Government of Vietnam and the Prime Minister of Vietnam, individuals and collectives shall adequately return the received commendation items and bonuses to ministries, departments, and central or local authorities that requested the commendations and paid bonuses to individuals, collectives, and households.

b) Ministries, departments, and central or local authorities shall urge individuals, collectives, and households to return received commendation items punctually and send them to the Ministry of Home Affairs of Vietnam within 15 working days after the date of receipt of such returned items; recovered bonuses shall be transferred to the state budget or emulation and commendation funds as per regulation;

c) The Ministry of Home Affairs of Vietnam shall urge ministries, departments, and central or local authorities to recover awarded commendation items. 

2. Recovery of items and bonuses regarding other emulation titles and commendation forms

a) Within 15 working days after the date of receipt of decisions on cancellation of emulation titles and commendation forms of competent authorities, individuals, collectives, and households shall adequately return received commendation items and bonuses to competent authorities that issued the commendation decisions;

b) Competent authorities issuing decisions to award emulation titles and commendation forms shall urge individuals, collectives, and households to return received commendation items and bonuses punctually and organize the recovery as per regulation.