Chương I Nghị định 98/2023/nđ-cp hướng dẫn luật thi đua, khen thưởng: Phạm vi điều chỉnh

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates on Clause 5 Article 11; Clause 2 Article 12; Clause 2 Article 14; Clause 4 Article 25; Clause 7 Article 34; Clause 6 Article 35; Clause 5 Article 36; Clause 5 Article 37; Clause 5 Article 38; Clause 4 Article 39; Clause 4 Article 40; Clause 4 Article 41; Clause 7 Article 42; Clause 7 Article 43; Clause 7 Article 44; Clause 3 Article 45; Clause 3 Article 46; Clause 3 Article 47; Clause 2 Article 51; Clause 2 Article 53; Clause 5 Article 79; Clause 3 Article 81; Clause 3 Article 82; Clause 7 Article 83; Clause 7 Article 84; Clause 2 Article 85; Clause 5 Article 90; Clause 9 Article 93 of the Law on Emulation and Commendation (hereinafter referred to as "Decree").

Article 2. Regulated entities

This Decree applies to Vietnamese individuals, state authorities, political organizations, socio-political organizations, social-vocational political organizations, social organizations, socio-vocational organizations, enterprises, other economic organizations, people's armed forces, households; Vietnamese individuals and collectives residing abroad; foreign individuals and collectives; foreign agencies, organizations, and international organizations in Vietnam.

Article 3. Interpretation of terms

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

1. State commendation forms: Order, Medal, State Honorable Title, Ho Chi Minh Prize, State Award, and Diploma of Merit of the Prime Minister of Vietnam.

2. State emulation titles: Government Emulation Flag and National Emulation Fighter.

3. Irregular achievements refer to achievements gained outside programs, plans, or tasks that relevant individuals or collectives must undertake or are assigned.

4. Irregularly outstanding achievements refer to irregular achievements gained at an outstanding level when bravely saving people, saving property of the People or the State, or in combat or combat services or sectors of social economy, culture, sports, and other sectors in Vietnam, the region, or the world.

5. Other economic organizations refer to economic organizations legally registered and established under the law engaging in business operations for economic development purposes, having clear charters and organizational structure, specific addresses, and property for operations, and having statuses as juridical persons.

Article 4. Principles of assessment for emulation titles and commendation forms

1. Commendation shall be based on conditions, standards, and gained achievements. It is not necessary to have a low-level commendation to receive a commendation at a higher level.

2. Competent authorities shall commend or request superior authorities to award emulation titles and commendation forms to cases with adequate conditions, standards, procedures, and applications as per regulation.

3. Results of irregular achievement commendation and thematic emulation shall not be used for requesting superior authorities to provide commendation.

4. It is mandatory to delay commending or requesting superior authorities to commend individuals or collectives subject to disciplinary action assessment or investigations, inspections, and examinations carried out by relevant authorities due to having signs of violations, being subject to complaints or denunciations, or having issues concerning corruption or negativity specified by the press pending for verification. 

After the disciplinary period of individuals or collectives, if such individuals or collectives gain achievements, commendations shall be provided for achievements gained after the disciplinary period.

5. The maternity leave time of individuals as per regulation shall be determined for assessment for emulation titles and commendation forms.

6. If many individuals or collectives meet the prescribed conditions and standards, female individuals or collectives with a percentage of females of at least 70% shall be selected for commendation assessment.

7. The time of holding a position for assessment for commendation for the contribution processes for female leaders and managers is reduced by 1/3 of the generally prescribed time. If female leaders and managers are eligible for older retirement age, the mentioned time shall comply with the general regulation.