Chương IV Nghị định 98/2023/nđ-cp hướng dẫn luật thi đua, khen thưởng: Thẩm quyền quyết định, đề nghị khen thưởng; hồ sơ, thủ tục xét khen thưởng

Chapter IV

COMPETENCE TO DECIDE AND REQUEST COMMENDATIONS; APPLICATIONS AND PROCEDURES FOR COMMENDATIONS

Section 1. COMPETENCE TO DECIDE ON THE AWARD OF TITLES OF DETERMINED-TO-WIN UNIT AND EXCELLENT LABOR COLLECTIVE

Article 28. Competence to award titles of Determined-to-Win Unit and Excellent Labor Collective in the People’s Army and People’s Public Security

1. The Minister of National Defense of Vietnam shall decide or authorize the decision on the award of titles of Determined-to-Win Unit and Excellent Labor Collective in the People’s Army.

2. The Minister of Public Security of Vietnam shall decide or authorize the decision on the award of titles of Determined-to-Win Unit and Excellent Labor Collective in the People’s Public Security.

SECTION 2. COMPETENCE TO COMMEND OR REQUEST COMMENDATION FOR ENTERPRISES AND OTHER ECONOMIC ORGANIZATIONS

Article 29. Competence to commend or request commendations for enterprises and other economic organizations

1. Presidents of Provincial People's Committees shall commend or request superior authorities to commend enterprises and other economic organizations or collectives and individuals of such entities under their management; commend and request superior authorities to commend enterprises and other economic organizations or collectives and individuals of such entities that are not under their management but have contributions to other provinces where they are not headquartered after collecting feedback from the Provincial People's Committees where enterprises are headquartered and ministries and central authorities managing industries and sectors of such enterprises and other economic organizations.

2. Heads of ministries, departments, and central authorities shall commend or request superior authorities to commend enterprises and other economic organizations under their management; commend and request superior authorities to commend enterprises and other economic organizations that are not under their management but have contributions to sectors under their management after collecting feedback from the Provincial People's Committees (managing such enterprises and other economic organizations) or managing ministries (managing such enterprises and other economic organizations).

3. Presidents of Provincial People’s Committees shall commend and request superior authorities to commend industrial zones, economic zones, and export-processing zones under their management. Managing ministries shall commend and request superior authorities to commend industrial zones, economic zones, and export-processing zones under their management.

4. Regarding enterprises and collectives and individuals of enterprises in state zones:

State-owned groups and corporations and partially state-owned joint-stock enterprises (with over 50% of charter capital held by the State) shall comply with the following principles: State Capital Management Committees at enterprises or managing ministries shall commend or request superior authorities to commend enterprises and collectives and individuals of enterprises under their management.

Managing ministries, Provincial People’s Committees, or organizations assigned by the Government of Vietnam to carry out the rights and responsibilities of representatives of state ownership for enterprises shall commend or request superior authorities to commend enterprises and collectives and individuals of enterprises established or managed by them.

Member units of enterprises that operate and carry out obligations in provinces where they are not headquartered shall receive commendations decided by heads of such enterprises or request superior authorities for commendations.

5. Regarding enterprises and collectives and individuals of enterprises (including FDI enterprises)

Enterprises and collectives and individuals of enterprises operating in provinces where transaction headquarters are located (even in industrial zones, export-processing zones, and areas outside of such zones) shall receive commendation from heads of enterprises or request Presidents of People's Committees of communes or districts or Presidents of People's Committees of provinces where transaction headquarters are located to commend or request superior authorities to commend.

Regarding member units of enterprises that keep business accounts independently and carry out obligations in provinces where enterprises are not headquartered, aside from receiving commendations decided by heads of enterprises, heads of member units shall provide commendations under their jurisdiction and request the Presidents of People's Committees of districts or Presidents of People's Committees of provinces where member units are headquartered and carry out state obligations to commend or request superior authorities to commend.

6. Joint-stock enterprises (including enterprises with less than 50% charter capital) engaging in conditional business lines shall comply with the following principles: ministries and central authorities managing conditional business lines shall commend or request superior authorities to commend (excluding individuals appointed as representatives of state capital by other ministries and central authorities whose commendations shall be carried out by such ministries and central authorities).

Section 3. APPLICATIONS AND PROCEDURES FOR AWARDING EMULATION TITLES AND COMMENDATION FORMS

Article 30. General regulations on commendation applications and procedures

1. Collectives’ requests for Gold Star Orders and Ho Chi Minh Prizes shall be assessed and concluded by the Politburo of Vietnam and the Secretariat of Vietnam.

2. Individuals’ requests for the award or posthumous award of Gold Star Orders and Ho Chi Minh Prizes shall be assessed and concluded by the Politburo of Vietnam and the Secretariat of Vietnam.

Regarding individuals under the management of the Politburo of Vietnam and the CPV Central Secretariat Committee (including retired and dead officials) working in central or local agencies and unions, agencies engaging in emulation and commendation shall, based on CPV member records (or management records of officials if they are not CPV members) on working processes and gained achievements, cooperate with the CPV Organisation Commission, Organisation Mission of Provincial Committees, Central Committees, or Organization and Personnel Departments (divisions, departments) of ministries, departments, central authorities, and central unions in formulating applications for eligible cases and reporting to relevant committees to assess and confirm the working processes and forms of commendation and discipline (if any). Ministers, directors of ministerial agencies, governmental agencies, heads of central departments, divisions, agencies, and organizations, and Presidents of People’s Committees of provinces and centrally affiliated cities shall submit requests to the Prime Minister of Vietnam based on the work mentioned previously.

3. Regarding individuals under the management of central authorities, when requesting state commendation forms and National Emulation Fighter Titles, the CPV Organisation Committee, Inspection Commission of the CPV Central Committee, and CPV Central Departments managing the related sectors shall provide feedback on management contents of officials, such as the working processes, positions, time of holding positions, and forms of commendation and discipline (if any).

4. Standing Committees of Provincial Committees, Central Committees, and CPV Committees affiliated to central authorities, CPV Designated Representations, collectives of leaders (where there are no CPV Designated Representations) of ministries, central authorities, and central unions shall carry out assessments and provide written feedback before requesting the Prime Minister of Vietnam to:

a) Commend individuals under their management;

b) Award emulation titles and commendation forms of: National Emulation Fighter; Gold Star Order, Ho Chi Minh Order, Independence Order (all classes), People's Armed Forces Hero, Labor Hero, People's Teacher, People's Doctor, People's Artisan, Ho Chi Minh Prize, and State Award.

5. 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 equivalents at central levels, Head of the Office of the National Assembly of Vietnam, Head 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-vocational political organizations with CPV Designated Representations or organizations of the block of CPV Committees of central agencies, Directors of National Universities, and Presidents of People's Committees of provinces shall assess and confirm achievements and take charge of the procedures and contents of applications for presentation to the Prime Minister of Vietnam, including: applications, procedures, processes, accurate calculation of achievements, and contents concerning the implementation of the guidelines of the CPV and policies and laws of the State.

6. Regarding retired individuals or dissolved or merged units, units receiving tasks of such units shall assess and request commendations. Regarding retired individuals (or sacrificed/dead individuals), applications for commendations shall be assessed, completed, and presented to competent authorities by the agencies managing them before their retirement as per regulation.

Regarding dissolved, divided, or merged agencies or units, units receiving tasks of such agencies or units shall request commendations. Achievements of dissolved, divided, or merged agencies or units shall be calculated by years or based on the accumulation of years when such agencies or units gain achievements for requests for commendations following the general standards.

7. During meetings for assessment for titles of People’s Armed Forces Hero, Labor Hero, National Emulation Fighter, Emulation Fighter of ministries, departments, and central or local authorities, Government Emulation Flag, the Emulation-Commendation Councils that issue or present commendations shall conduct voting.

Regarding collectives and individuals recommended for the award of titles of People’s Armed Forces Hero, Labor Hero, National Emulation Fighter, or Emulation Fighter of ministries, departments, and central or local authorities, the percentage of consent votes of Emulation-Commendation Councils of ministries, departments, and central or local authorities shall be at least 90% based on the total members of such Councils (absent members shall submit written feedback). Regarding titles of Grassroots-Level Emulation Fighter, Emulation Flag of ministries, departments, and central or local authorities, and Government Emulation Flag, the percentage of consent votes of Emulation-Commendation Councils shall be at least 80% based on the total members of such Councils (absent members shall submit written feedback, which will be included in minutes of meetings for assessment for emulation titles or commendation assessment records).

8. Initiative councils and scientific councils at various levels shall be established by heads of agencies, organizations, and units. The composition of such councils shall include members with professional qualifications in sectors concerning initiative contents and scientific research topics and other members. Initiative councils and scientific councils at various levels shall assist the heads in recognizing the effective application and potential expansion of initiatives or recognizing the effective application and influential scope of scientific topics, scientific schemes, and scientific and technological works for use as the basis for requesting emulation fighter titles at various levels and commendation forms as per regulation. Certification or confirmation documents of heads of competent agencies and organizations on the effective application and potential expansion of initiatives or recognition of the effective application and influential scope of scientific topics, scientific schemes, and scientific and technological works used as the basis for requesting emulation fighter titles at various levels and commendation forms shall comply with Form No. 11 of Appendix I enclosed herewith.

9. The time for the following request for commendations shall be based on the time of gained achievements specified in the previous commendation decision. Regarding a commendation decision not specifying the mentioned time, the following request for commendation shall be based on the promulgation date of the previous commendation decision.

10. Regarding individuals (fishermen, ethnic groups, farmers, workers, disadvantaged persons, and persons with disabilities) and collectives with typically outstanding achievements in labor, production, and work and active, creative, dare-to-think, dare-to-do, and dare-to-break-through-for-common-interest officials who are discovered by heads of agencies, organizations, and units for commendations or recommendations to their superior authorities for commendations, commendation applications shall include statements with an enclosed list of requested recipients and reports on the summary of achievements made by the requesting agencies, organizations, and units.

11. Achievement reports of individuals, collectives, and households requested for commendations shall conform with the prescribed commendation forms. Such reports shall specify the decision numbers, dates, or documents confirming the outstanding or successful completion of tasks of competent authorities during the time for calculating achievements of individuals and collectives requested for commendations (regarding cases of commendation requests following the standards of outstanding or successful completion of tasks); decision numbers and dates of receipt of emulation titles and commendation forms (excluding cases of receipt of commendations based on simple procedures). Reports on achievements requested for commendations of individuals, collectives, and households shall, aside from specifying that achievements meet the prescribed standards, specify successful compliance with the guidelines of the CPV and policies and laws of the State following the Form in Appendix I enclosed herewith.

Regarding achievement reports of individuals, collectives, and households requested for emulation titles and commendation forms at the state level, the achievements in such reports shall be calculated until 6 months before ministries, departments, and central or local authorities present them to the Prime Minister of Vietnam. After the mentioned time limit, the Ministry of Home Affairs of Vietnam shall not accept any commendation presentation applications.

12. Applications for orders, medals, state honorable titles, Ho Chi Minh Prizes, State Awards, Government Emulation Flags, National Emulation Fighter Titles, and Diplomas of Merit of the Prime Minister of Vietnam shall be presented to the Prime Minister of Vietnam through the Ministry of Home Affairs of Vietnam. The Ministry of Home Affairs of Vietnam shall present commendation requests to the Prime Minister of Vietnam. In necessary cases, the Minister of Home Affairs of Vietnam shall authorize the Head of the Central Emulation-Commendation Committee to sign the statement to be presented to the Prime Minister of Vietnam for requesting commendations and documents concerning emulation and commendation.

13. Statements of ministries, departments, and central or local authorities and the statement of the Ministry of Home Affairs of Vietnam to be presented to the Prime Minister of Vietnam for commendation assessment and decision or assessment and presentation to the President of Vietnam for issuance of commendation decisions to individuals, collectives, and households shall contain:

a) Legal grounds;

b) Contents, forms, and achievements requested for commendations;

c) Feedback from relevant agencies on cases requested for commendations;

d) Appraisal feedback from the Ministry of Home Affairs of Vietnam on whether cases requested for commendations comply with relevant regulations;

Detailed contents of the commendation request statement shall follow Form No. 01 of Appendix I enclosed herewith.

14. Ministries, departments, and central or local authorities shall submit paper commendation applications (original copies) while submitting electronic files (in Word or PDF format) of such applications to the Ministry of Home Affairs of Vietnam during their presentation to the Prime Minister of Vietnam through the Management System of E-Commendation Applications in Emulation-Commendation, excluding documents containing state secrets. Commendation applications shall only be received when the Ministry of Home Affairs of Vietnam receives the paper applications (original copies) and electronic files of such applications as per regulation.

The Ministry of Home Affairs of Vietnam shall submit the statement enclosed with the list of requested recipients and commendation applications in the form of electronic files (Word or PDF format) to the Office of the Government of Vietnam.

15. The Ministry of Home Affairs of Vietnam shall receive commendation applications and appraise them based on documents enclosed with such applications formulated by ministries, departments, and central or local authorities, including applications, procedures, conditions, and standards as per regulation, and present them to the Prime Minister of Vietnam.

Article 31. Regulations on collection of feedback for commendations

1. The collection of feedback for the award of emulation titles and commendation forms at the state level prescribed in Clause 3 Article 84 of the Law on Emulation and Commendation and regulations of competent authorities shall comply with Clause 2 through Clause 4 of this Article.

2. Regarding commendations for agencies, organizations, units, and heads of central agencies, organizations, and units with having statuses as juridical persons under the management of ministries, departments, central authorities, and central unions in provinces, feedback on the following contents shall be collected from Provincial People’s Committees:

a) Compliance with the guidelines of the CPV and laws and policies of the State and operational results of CPV organizations and unions (if CPV organizations and unions have local activities);

b) Implementation of insurance benefits for workers and laborers; assurance of the environment during production and business, occupational hygiene and safety, and food safety (regarding production and business units);

c) Emulation titles and commendation forms subject to feedback collection: Government Emulation Flags, orders, medals, state honorable titles, Ho Chi Minh Prizes, State Awards, and Diplomas of Merit of the Prime Minister of Vietnam.

3. Regarding commendations for agencies and organizations affiliated to People’s Committees of provinces and centrally affiliated cities and individuals who are heads of same-level units, feedback on the following contents shall be collected from ministries, departments, central authorities, and central unions managing relevant sectors and fields:

a) Results of the counseling for the implementation of assigned political tasks (for collectives) and results from leading and directing agencies and units to carry out assigned political tasks (for individuals) during the time of calculating achievements for requesting commendations;

b) Emulation titles and commendation forms subject to feedback collection: Government Emulation Flags, orders, medals, state honorable titles, Ho Chi Minh Prizes, State Awards, and Diplomas of Merit of the Prime Minister of Vietnam.

4. Regarding diplomatic commendations, feedback from the Central Foreign Affairs Committee, the Ministry of Public Security of Vietnam, and the Ministry of Foreign Affairs of Vietnam shall be collected.

5. The Ministry of Home Affairs of Vietnam shall collect feedback from the Inspection Commission of the CPV Central Committee and the Inspectorate of the Government of Vietnam to provide commendations for collectives that are ministries, departments, and central or local authorities; feedback from the Ministry of Public Security of Vietnam and the Inspectorate of the Government of Vietnam on compliance with the guidelines of the CPV and policies and laws of the State to provide commendations for economic organizations and individuals who are legal representatives of such organizations. The collection of feedback from competent agencies for commendations for officials of the Politburo of Vietnam and the Secretariat of Vietnam shall comply with the regulations of the CPV.

6. After receiving documents on the collection of feedback on commendations from ministries, departments, central or local authorities, or the Ministry of Home Affairs of Vietnam, receiving agencies shall provide written answers as per regulation within 10 working days from the receipt date of such documents (based on postmarks). Heads of receiving agencies shall take legal liability for the time of responding to the documents and the contents of their feedback.

If no feedback is provided, the Ministry of Home Affairs of Vietnam shall carry out the presentation and commendation as per regulation.

7. Within 10 working days from the date of receipt of the consistent or consensual feedback from competent agencies, the Ministry of Home Affairs of Vietnam shall request competent authorities to provide commendations as per regulation.

Article 32. Regulations on time for receiving applications, appraising, and notifying appraisal results and commendation results

1. The Ministry of Home Affairs of Vietnam’s time for receiving commendation applications is as follows:

a) Applications of ministries, departments, and central or local authorities to be presented to the Prime Minister of Vietnam for National Emulation Fighter Titles shall be submitted to the Ministry of Home Affairs of Vietnam by December 31 of the following year.

b) Applications of ministries, departments, and central or local authorities to be presented to the Prime Minister of Vietnam for Government Emulation Flags shall be submitted to the Ministry of Home Affairs of Vietnam by June 30 annually. Regarding the national education system, applications shall be submitted by December 31 annually.

The time for presenting applications for Government Emulation Flags, Orders, and Diplomas of Merit of the Prime Minister of Vietnam for collectives with outstanding achievements leading emulation movements launched by the Prime Minister of Vietnam shall comply with the guidelines of the Ministry of Home Affairs of Vietnam.

2. The Ministry of Home Affairs of Vietnam shall appraise commendation applications and present them to the Prime Minister of Vietnam within 20 days from the date of receipt of adequate applications as per regulation. The assessment of applications for the award or posthumous award of Heroic Titles and National Emulation Fighter Titles shall comply with Point b Clause 4 Article 37 of this Decree and the operational regulation of the Central Emulation-Commendation Council.

3. The time for appraising requests for emulation titles and commendation forms at ministries, departments, and central or local authorities:

Regarding emulation titles and commendation forms under the jurisdiction of ministries, departments, and central or local authorities, emulation-commendation agencies shall appraise commendation applications and present them to competent authorities within 25 working days from the date of receipt of adequate applications as per regulation (excluding cases of irregular commendations).

Regarding requests for emulation titles and commendation forms according to state meritorious services, within 30 working days (or 40 working days regarding the award of Independence Orders, Ho Chi Minh Orders, Gold Star Orders, Heroic Titles, and Vietnamese Heroic Mother titles) from the date of receipt of adequate applications as per regulation, ministries, departments, and central or local authorities shall assess and present them to the Prime Minister of Vietnam.

4. The time for appraising applications for emulation titles and commendation forms in communes and districts of provinces and centrally affiliated cities and at agencies, organizations, and units of ministries, departments, and central or local authorities is as follows:

Regarding emulation titles and commendation forms under the jurisdiction of authorities of communes and districts and agencies, organizations, and units of ministries, departments, and central or local authorities, emulation-commendation agencies shall appraise commendation applications and present them to competent authorities within 20 working days from the date of receipt of adequate applications as per regulation (excluding cases of irregular commendations).

5. The time for notifying appraisal results and commendation results is as follows:

a) Regarding cases eligible for commendations as per regulation, the Ministry of Home Affairs of Vietnam shall request competent authorities to provide commendations. If the appraisal results of the Ministry of Home Affairs of Vietnam are different from the requests of ministries, departments, and central or local authorities, the Ministry of Home Affairs of Vietnam shall reach an agreement with such entities before presenting the applications to the Prime Minister of Vietnam for assessment and decision;

b) Regarding ineligible cases, within 5 working days, the Ministry of Home Affairs of Vietnam shall issue written notifications of the return of commendation applications to requesting ministries, departments, and central or local authorities;

c) If the Ministry of Home Affairs of Vietnam has requested the Prime Minister of Vietnam to issue commendation decisions or to request the President of Vietnam to issue commendation decisions but the Prime Minister of Vietnam or the President of Vietnam declines the request, within 10 working days from the date of receipt of the notification of the Office of the Government of Vietnam or the Office of the President of Vietnam, the Ministry of Home Affairs of Vietnam shall notify ministries, departments, and central or local authorities of the results of the settlement of their commendation requests;

d) If the President of Vietnam agrees to provide commendations, after receiving the commendation decisions of the Prime Minister of Vietnam, the Ministry of Home Affairs of Vietnam shall copy and send them to ministries, departments, and central or local authorities within 10 working days;

dd) After receiving commendation decisions from the President of Vietnam or the Prime Minister of Vietnam, the Ministry of Home Affairs of Vietnam shall distribute commendation items to ministries, departments, and central or local authorities within 10 working days.

Article 33. Applications and procedures for National Emulation Fighter Titles

1. The Ministry of Home Affairs of Vietnam shall appraise applications, submit reports to the Standing Committee of the Central Emulation-Commendation Council, and collect feedback from relevant agencies as per regulation; request the Prime Minister of Vietnam to assess and decide on the award of National Emulation Fighter Titles based on the prescribed conditions and standards.

2. Applications, to be presented to the Prime Minister of Vietnam, shall include a set (original copy) of the following documents:

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

b) Reports on achievements of individuals requested for National Emulation Fighter Titles confirmed by authorities presenting such reports to the Prime Minister of Vietnam;

c) Meeting minutes and voting results of Emulation-Commendation Councils of ministries, departments, and central or local authorities;

d) Certification or confirmation of heads of ministries, departments, and central or local authorities concerning initiatives that have been effectively applied and have the potential for being expanded or scientific topics, scientific schemes, and scientific and technological works that have been tested and effectively applied with nationwide influences; certification or confirmation of the Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam concerning ingenuity and creativity in combat and combat services with nationwide influences;

dd) Relevant documents according to Article 30 of this Decree (if any).

3. 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 list of requested recipients and electronic files of commendation applications.

Article 34. Applications for National Emulation Fighter Titles of ministries, departments, and central or local authorities, Grassroots-Level Emulation Fighter Titles, and other emulation titles

1. Emulation Flags of ministries, departments, and central or local authorities, Emulation Fighter Titles of ministries, departments, and central or local authorities, Grassroots-Level Emulation Fighter Titles, Advanced Laborer Titles, Advanced Fighter Titles, Excellent Labor Collective Titles, Determined-to-Win Unit Titles, Advanced Labor Collective Titles, and Advanced Unit Titles shall be awarded annually. Applications and procedures for the mentioned titles shall comply with Clause 1 Article 84 of the Law on Emulation and Commendation.

2. 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) Emulation assessment record of the Emulation-Commendation Council or emulation assessment record and voting results of the Emulation-Commendation Council in case of requesting Grassroots-Level Emulation Fighter Titles, Emulation Fighter Titles of ministries, departments, and central or local authorities, and Emulation Flags of ministries, departments, and central or local authorities;

b) Certification or confirmation of competent agencies and organizations for initiatives or scientific topics, scientific schemes, and scientific and technological works or the successful implementation of tasks or cleverness and creativity in combat in case of requesting Grassroots-Level Emulation Fighter Titles. Certification or confirmation of heads of ministries, departments, and central or local authorities for initiatives that are effectively applied and have the potential for being expanded in ministries, departments, and central or local authorities or scientific topics, scientific schemes, and scientific and technological works that have been tested and effectively applied with a scope of influence within such ministries, departments, and central or local authorities or cleverness and creativity in combat and combat services with a scope of influence in the whole army or people's public security force in case of requesting Emulation Titles of ministries, departments, and central or local authorities.

3. During the summary of thematic emulation movements launched by ministries, departments, and central or local authorities with an implementation time of at least 3 years, requests for the award of Emulation Flags of such ministries, departments, and central or local authorities to collectives leading the movements shall comply with the guidelines of such ministries, departments, and central or local authorities.

Article 35. Applications and procedures for Government Emulation Flags

1. The Government of Vietnam shall authorize the Prime Minister of Vietnam to assess and decide on the award of Government Emulation Flags. The Ministry of Home Affairs of Vietnam shall appraise applications, procedures, and achievements and present them to the Prime Minister of Vietnam.

2. Applications for requesting the Prime Minister of Vietnam to consider awarding Government Emulation Flags shall include a set (original copy) of the following documents:

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

b) Reports on achievements of collectives requested for Government Emulation Flags confirmed by the authorities requesting the Prime Minister of Vietnam;

c) Assessment records and voting results of Emulation-Commendation Councils of ministries, departments, and central or local authorities;

d) Relevant documents according to Article 30 of this Decree (if any).

3. Requests for the award of Government Emulation Flags to collective leading emulation blocks or clusters organized by the Central Emulation-Commendation Council shall comply with the guidelines of the Central Emulation-Commendation Council.

4. 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 list of requested recipients and electronic files of commendation applications.

Article 36. Applications and procedures for award or posthumous award of types of Orders (excluding Friendship Orders)

1. The Ministry of Home Affairs of Vietnam shall appraise applications and present them to the Prime Minister of Vietnam for assessment and presentation to the President of Vietnam for decision.

2. The award or posthumous award of Gold Star Orders and Ho Chi Minh Orders shall comply with the notification of the feedback of the Politburo of Vietnam concerning the assessment for the award of high-class Orders.

3. Regarding the award or posthumous award of types of Orders, applications for each type shall contain a set (original copy) of the following documents:

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

b) Reports on achievements of cases requested for commendations confirmed by the authorities requesting the Prime Minister of Vietnam;

c) Commendation assessment records of Emulation-Commendation Councils of ministries, departments, and central or local authorities;

d) If organizations and individuals are recommended for commendation for their 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, there must be certification or confirmation of competent agencies and organizations regarding the mentioned achievements to request for commendations;

dd) Relevant documents according to Article 30 of this Decree (if any).

4. Applications for commendations for foreign individuals and collectives and Vietnamese individuals and collectives residing abroad shall contain a set (original copy) of the following documents: Statements of ministries, departments, and central or local authorities; reports on the summary of achievements of individuals and collectives formulated by the requesting agencies and confirmation documents of competent agencies regarding obligations they must fulfill for the State of Vietnam according to the law (if any).

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 list of requested recipients and electronic files of commendation applications (excluding commendation applications containing state secrets).

Article 37. Procedures for award or posthumous award of Great National Unity Orders

1. Great National Unity Orders shall be awarded or posthumously awarded annually during the National Day September 2 and the establishment date of the National United Front November 18.

2. The Provincial Vietnamese Fatherland Front shall assess or recommend eligible individuals through the Provincial Emulation-Commendation Council for assessment. Regarding ministries, departments, central or local authorities, and central unions, the assessment shall be carried out by Emulation-Commendation Councils of ministries, departments, central or local authorities, and central socio-political organizations. Presidents of People’s Committees of provinces and centrally affiliated cities, Ministers, Directors of departments and central authorities, and leaders of central agencies of socio-political organizations shall provide presentations for the Prime Minister of Vietnam.

The Ministry of Home Affairs of Vietnam shall appraise and collect feedback from the Central Committee of the Vietnamese Fatherland Front before providing presentations for the Prime Minister of Vietnam.

Article 38. Applications and procedures for award or posthumous award of types of Medals (excluding Friendship Medals)

1. Applications for the award or posthumous award of types of Medals shall contain a set (original copy) of the following documents:

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

b) List of the summary of cases requested for Medals.

2. 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 list of requested recipients and electronic files of commendation applications.

Article 39. Applications for Commemorative Medals of the Standing Committee of the National Assembly of Vietnam; Commemorative Medals of ministries, departments, central or local authorities, political organizations, socio-political organizations, socio-vocational political organizations, social organizations, socio-vocational organizations with CPV Designated Representations or CPV organizations of CPV Designated Representations of central authority clusters

An application for Commemorative Medals includes:

1. Statement on request for Commemorative Medals.

2. List of the summary of achievements of cases requested for Commemorative Medals.

Article 40. Commendation according to simple procedures

1. Cases subject to commendation according to simple procedures shall comply with Article 85 of the Law on Emulation and Commendation.

2. An application for commendation according to simple procedures shall contain a set (original copy) of the following documents:

a) Statement on request for commendations;

b) Report on the summary of achievements of individuals and collectives under the management of agencies, organizations, and units specifying the actions, achievements, meritorious services, working processes, or summary of achievement results regarding commendation for achievements with confidential contents for request for commendation according to simple procedures.

3. Heads of ministries, departments, and central or local authorities or heads of agencies, organizations, and units shall provide commendations or request commendations immediately after individuals and collectives gain outstanding or irregular achievements according to Point b Clause 1 Article 85 of the Law on Emulation and Commendation.

4. The time for appraisal and commendation request for cases requested for commendations under Points a, c, d, dd Clause 1 Article 85 of the Law on Emulation and Commendation shall comply with Article 32 of this Decree.

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 list of requested recipients and electronic files of commendation applications (excluding commendation applications containing state secrets).

Article 41. Applications and procedures for award or posthumous award of titles of Heroic Province, Heroic City, People's Armed Forces Hero, and Labor Hero

1. According to requests from ministries, departments, and central or local authorities, the Ministry of Home Affairs of Vietnam shall, based on conditions, standards, and feedback from the Central Emulation-Commendation Council, appraise applications and collect feedback from relevant competent authorities and provide presentations for the Prime Minister of Vietnam.

2. An application for the award or posthumous award of Heroic Titles shall contain a set (original copy) of the following documents:

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

b) Reports on achievements of individuals and collectives requested for the award or posthumous award of Heroic Titles confirmed by the authorities requesting the Prime Minister of Vietnam;

c) Meeting minutes and voting results of Emulation-Commendation Councils of ministries, departments, and central or local authorities;

d) Relevant documents according to Article 30 of this Decree (if any).

3. 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 list of requested recipients and electronic files of commendation applications (excluding commendation applications containing state secrets).

Article 42. Applications and procedures for Diplomas of Merit of the Prime Minister of Vietnam

1. An application for the award or posthumous award of Diplomas of Merit of the Prime Minister of Vietnam shall contain a set (original copy) of the following documents:

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

b) Reports on achievements of cases requested for commendations confirmed by the authorities requesting the Prime Minister of Vietnam;

c) Commendation assessment records of Emulation-Commendation Councils of ministries, departments, and central or local authorities;

d) If individuals and collectives are requested for commendations for their irregular achievements with a scope of influence in ministries, departments, and central or local authorities or regional prizes with contributions to the socio-economic development of Vietnam, application of scientific and technical progress, social work, and humanitarian charity, there must be certification or confirmation of competent agencies and organizations for achievements requested for commendations;

dd) Relevant documents according to Article 30 of this Decree (if any).

2. Applications for commendations for foreign individuals and collectives and Vietnamese individuals and collectives residing abroad shall contain a set (original copy) of the following documents: Statements of ministries, departments, and central or local authorities; reports on the summary of achievements of individuals and collectives formulated by the requesting agencies and confirmation documents of competent agencies regarding obligations they must fulfill for the State of Vietnam according to the law (if any).

3. 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 list of requested recipients and electronic files of commendation applications (excluding commendation applications containing state secrets).

Article 43. Applications and procedures for Diplomas of Merit of ministries, departments, and central or local authorities; Certificates of Merit

1. An application for the award or posthumous award of Diplomas of Merit of ministries, departments, and central or local authorities or Certificates of Merit includes:

a) Statement on request for commendations;

b) Reports on achievements of cases requested for commendations confirmed by the requesting authorities;

c) Commendation assessment records of Emulation-Commendation Councils of requesting authorities;

d) If individuals and collectives are requested for Diplomas of Merit of ministries, departments, and central or local authorities for their irregular or irregularly outstanding achievements with a scope of influence in sectors under the management of ministries, departments, and central or local authorities with contributions to the socio-economic development of Vietnam, application of scientific and technical progress, social work, and humanitarian charity, there must be certification or confirmation of competent agencies and organizations for achievements requested for commendations;

2. The number of applications for the award or posthumous award of Diplomas of Merit of ministries, departments, and central or local authorities or Certificates of Merit shall comply with the regulations of ministries, departments, and central or local authorities.

Article 44. Procedures for Orders, Medals, and Vietnamese titles and prizes for Vietnamese individuals and collectives residing abroad and foreign individuals and collectives; applications, procedures, and responsibilities of Vietnamese individuals and organizations when receiving Orders, Medals, titles, and prizes awarded by foreign countries and international organizations

1. Procedures for Orders, Medals, and Vietnamese titles and prizes for Vietnamese individuals and collectives residing abroad and foreign individuals and collectives; applications and procedures for Orders, Medals, titles, and prizes awarded by foreign countries and international organizations shall comply with the regulations of the CPV on the consistent management of diplomatic activities and this Decree.

Collection of feedback on diplomatic commendations shall comply with Clause 4 Article 31 of this Decree.

2. Vietnamese individuals and organizations, when receiving commendation forms from foreign individuals and organizations, shall, aside from complying with Clause 1 Article 14 of the Law on Emulation and Commendation, use commendation items in compliance with Vietnamese customs, traditions, and social morality and avoid using commendation forms to in a manner that negatively affects or impacts the political regime and society of Vietnam or disseminates propaganda against the State of Vietnam.

Section 4. RECOGNITION OF COMPLETION LEVEL OF TASKS OF INDIVIDUALS AND COLLECTIVES; DISCLOSURE OF INDIVIDUALS AND COLLECTIVES REQUESTED FOR COMMENDATIONS

Article 45. Recognition of completion level of tasks of individuals and collectives

1. The recognition of the completion level of tasks of individuals shall comply with the Law on Officials, Law on Public Employees, and relevant regulations.

2. The recognition of outstanding completion of tasks of collectives shall comply with regulations of the CPV on annual quality review and assessment of collectives and individuals in the political system and regulations of ministries, departments, and central or local authorities.

Article 46. Disclosure of individuals and collectives requested for commendations

1. The Ministry of Home Affairs of Vietnam shall collect feedback from the People on the Web Portal of the Central Emulation-Commendation Council and Web Portal of the Ministry of Home Affairs of Vietnam regarding National Emulation Fighter Titles; Web Portal of the Central Emulation-Commendation Council, Web Portal of the Ministry of Home Affairs of Vietnam, Web Portal of the Government of Vietnam, People Newspaper, and Labor Newspaper regarding People's Armed Forces Hero Titles and Labor Hero Titles within 10 working days (except for cases subject to commendation for special, outstanding, and irregular achievements).

2. Persons competent to award orders and state honorable titles prescribed in Clause 5 Article 84 of the Law on Emulation and Commendation shall disclose the list of individuals and collectives on mass media of ministries, departments, and central or local authorities (Newspapers, Web Portals, Radio-Television Stations, etc.) at least 10 working days before meetings of Emulation-Commendation Councils of ministries, departments, and central or local authorities (except for cases requested for commendation according to simple procedures). The collection of feedback from the People on mass media and results of information processing (including denunciations and complaints (if any)) shall be made into written reports and submitted to Emulation-Commendation Councils of ministries, departments, and central or local authorities before being presented to superior authorities for commendations and included in the commendation assessment records of ministries, departments, and central or local authorities.