Has the Law on Emulation and Commendation 2022 replaced the Law on Emulation and Commendation 2003 effective from January 1, 2024?
- What is the scope of regulation of the Law on Emulation and Reward 2022 in Vietnam? Who does this law apply to?
- In the future, how will the principles of emulation and commendation be regulated?
- When will the Law on Emulation and Commendation 2022 in Vietnam take effect? For the previous emulation titles, how are the previous rewards applied?
- In the future, how to handle violations of emulation and commendation?
What is the scope of regulation of the Law on Emulation and Reward 2022 in Vietnam? Who does this law apply to?
According to Article 1 of the Law on Emulation and Commendation 2022, the regulations are as follows:
This Law prescribes the subjects, scope, principles, forms, standards, competence, order and procedures for emulation and commendation.
According to Article 2 of the Law on Emulation and Commendation 2022, it is applied to the following subjects:
This Law applies to Vietnamese individuals, collectives and households; Vietnamese individuals and collectives residing abroad; foreign individuals and groups.
In the future, how will the principles of emulation and commendation be regulated?
According to Article 5 of the Law on Emulation and Commendation 2022 in Vietnam, it stipulates:
"Article 5. Principles of emulation and commendation
1. The emulation shall be conducted according to the following principles:
a) Voluntary, voluntary, public and transparent;
b) Solidarity, cooperation and mutual development.
2. The commendation shall comply with the following principles:
a) Accurate, public, transparent, fair and timely;
b) To ensure consistency between the form and objects of commendation and merits and achievements;
c) A form of reward can be given many times to an object; do not reward many times, many forms for an achievement; where achievements are rewarded;
d) Pay attention to rewarding individuals, collectives and households directly working, producing and doing business; individuals and collectives working in border areas, at sea, on islands and in regions with extremely difficult socio-economic conditions.
3. Ensuring gender equality in emulation and commendation.
Has the Law on Emulation and Commendation 2022 replaced the Law on Emulation and Commendation 2003 effective from January 1, 2024? (Image from: Internet)
When will the Law on Emulation and Commendation 2022 in Vietnam take effect? For the previous emulation titles, how are the previous rewards applied?
According to Article 94 of the Law on Emulation and Commendation 2022 in Vietnam, the effect is as follows:
"Article 94. Effectiveness
1. This Law takes effect from January 1, 2024.
2. The Law on Emulation and Commendation No. 15/2003/QH11 has been amended and supplemented with a number of articles under Law No. 47/2005/QH11, Law No. 32/2009/QH12 and Law No. 39/2013/QH13 expires. effective from the date of entry into force of this Law.
According to Article 95 of the Law on Emulation and Commendation 2022 in Vietnam stipulating on emulation titles, the form of commendation that has been awarded or posthumously conferred before is as follows:
- The State shall continue to recognize and protect emulation titles and commendation forms that have been conferred or posthumously conferred before the effective date of this Law; the regimes and benefits attached to the emulation titles and forms of commendation shall continue to comply with the provisions of law.
In the future, how to handle violations of emulation and commendation?
According to Article 93 of the Law on Emulation and Commendation 2022 in Vietnam, regulations on handling of violations on emulation and commendation:
"Article 93. Handling of violations on emulation and commendation
1. Those who commit acts of violating the law on emulation and commendation shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must compensate according to the provisions of law.
2. The decision to confer emulation titles, the form of commendation shall be canceled, the reward in-kind and the bonus money shall be withdrawn in the following cases:
a) Committing fraudulent acts in declaring merits and achievements in order to be awarded emulation titles or commendation forms;
b) Providing untrue information or falsifying dossiers and papers to propose the award of emulation titles or forms of commendation;
c) Appraisal, review, approve, propose emulation titles, commendation forms contrary to the provisions of law;
d) There is a conclusion, decision or judgment of a competent authority that the person who has been awarded the emulation title or commendation form commits a violation or defect leading to the failure to meet the criteria for consideration and award of the competition title. race, form of reward within the period of achievement or related to the work or work as the basis for awarding the prize.
3. Individuals who are conferred the state honorary title but are convicted by legally effective court judgments or decisions and are sentenced to definite-term imprisonment, life imprisonment or capital punishment shall be deprived of State honorary titles, except for the case specified in Clause 4 of this Article.
4. Individuals who have been awarded the titles of "Labor Hero" during the resistance war, "Hero of the People's Armed Forces", "Vietnamese heroic mother" and convicted by a court judgment or decision legally effective sentence for one of the crimes of infringing on national security or other crimes subject to life imprisonment or death penalty or participating in activities against the regime, the Party and the State, deserting, rebelling If they are terminated, they are terminated from enjoying the preferential regime in accordance with the provisions of the law on incentives for people with meritorious services to the revolution, they shall be deprived of the state honorary title.
5. A commercial legal entity that is awarded the state honorary title but is convicted by a legally effective court judgment or decision and is subject to the penalty of permanent suspension of operation shall be deprived of the honorary title. attend the state.
6. A commercial individual or legal entity is deprived of state honorary titles and then has a legally effective court judgment or decision declaring not guilty, exempted from penal liability or falling out of the case specified. specified in Clauses 3, 4 and 5 of this Article, shall be reinstated and given the state honorary title.
7. The State President shall decide to strip, restore and hand over the state honorary title.
8. Persons competent to decide on awarding of emulation titles and forms of commendation shall have the power to cancel decisions on awarding of emulation titles or commendation forms already considered and awarded.
9. The Government shall detail procedures for annulment of decisions on awarding emulation titles or forms of commendation, and withdrawal of commendation and bonus in-kind; procedures for stripping, reinstating and handing back state honorary titles."
Thus, the Law on Emulation and Commendation 2022 was promulgated and took effect from January 1, 2024, replacing the Law on Emulation and Reward 2003.
- The State shall continue to recognize and protect emulation titles and commendation forms that have been conferred or posthumously conferred before the effective date of this Law;
- The regimes and benefits attached to the emulation title and form of commendation shall continue to comply with the provisions of law.
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