How to collect opinions for commendations implemented according to the latest regulations in Decree 98/2023/ND-CP?
How is the consultation for commendation guided according to the latest provisions of Decree 98/2023/ND-CP?
Based on the provisions of Article 31 of Decree 98/2023/ND-CP, the regulations on consultation for commendation are as follows:
- Consultation for commendation of state-level emulation titles, commendation forms stipulated in Clause 3, Article 84 of the Emulation and Commendation Law 2022, and the regulations of competent authorities submitted by ministries, boards, branches, and provinces is to be carried out according to Clauses 2 to 4, Article 31 of Decree 98/2023/ND-CP.
- Commendation for central agencies, organizations, units, and the heads of such entities with legal person status under the direct management of ministries, boards, central associations located in local areas must seek the opinions of the provincial People's Committee on the following contents:
+ Adherence to the guidelines of the Communist Party, policies, and laws of the State and the operational results of party organizations and associations (if the party organizations and associations operate locally);
+ Implementation of insurance policies for workers, particularly ensuring a clean environment during production, business processes, labor safety, and food hygiene (for production and business units);
+ Emulation titles, commendation forms that require consultation for commendation: “Emulation Flag of the Government of Vietnam,” orders, medals, state honorary titles, “Ho Chi Minh Award,” “State Award,” “Certificate of Merit from the Prime Minister of the Government of Vietnam.”
- Commendation for agencies and organizations under the provincial People's Committee and the personal heads of units of the same level must seek the opinions of the central ministries, boards, agencies responsible for managing the sector on the following:
- Results of advising on the implementation of assigned political tasks (for collectives): Results of leading and directing agencies and units in implementing assigned political tasks (for individuals) during the period considered for commendation;
- Emulation titles, commendation forms that require consultation for commendation: “Emulation Flag of the Government of Vietnam,” orders, medals, state honorary titles, “Ho Chi Minh Award,” “State Award,” “Certificate of Merit from the Prime Minister of the Government of Vietnam.”
- For external commendations, it is required to seek the opinions of the Central Foreign Affairs Committee, Ministry of Public Security, and Ministry of Foreign Affairs.
- The Ministry of Home Affairs is responsible for seeking the opinions of the Central Inspection Committee and the Government Inspection to commend collectives such as ministries, boards, branches, and provinces; seeking the opinions of the Ministry of Public Security and the Government Inspection on the compliance with guidelines of the Communist Party, policies, and laws of the State to commend economic organizations and individuals who are legal representatives of economic organizations; and seeking the opinions of competent authorities to commend officials under the management of the Politburo and Secretariat as per the regulations of the Communist Party.
- Upon receiving a written request for consultation for commendation from ministries, boards, branches, provinces, or the Ministry of Home Affairs, within 10 working days from the date of receiving the request (as per postal stamp), the consulted authority is responsible for responding in writing within the specified time frame. The head of the consulted authority is legally responsible for timely responses and content of the consultation.
In the case where the Ministry of Home Affairs seeks consultation and the functional body does not respond, the Ministry of Home Affairs shall proceed with the commendation as per the regulations.
- Within 10 working days from the date of receiving all unanimous or agreed opinions from the functional body, the Ministry of Home Affairs shall submit the commendation proposal to the competent authority as per the regulations.
How is the consultation for commendation guided according to the latest provisions of Decree 98/2023/ND-CP?
In what cases are decisions to confer emulation titles, commendation forms revoked, and commendation items and cash rewards retrieved?
Based on the provisions of Clause 2, Article 93 of the Emulation and Commendation Law 2022, the decisions to confer emulation titles, commendation forms are revoked, and commendation items and cash rewards retrieved in the following cases:
- There is fraudulent behavior in declaring achievements to receive emulation titles, commendation forms;
- Providing false information or forging documents to propose emulation titles, commendation forms;
- Evaluating, reviewing, approving, proposing emulation titles, commendation forms in violation of legal provisions;
- There is a conclusion, decision, or judgment from a competent authority regarding individuals who were awarded emulation titles, commendation forms having violations or deficiencies that disqualify them from being awarded the title or form of commendation during the period of achievement consideration or related to the work or project rewarded.
Who has the authority to confer emulation titles, commendation forms?
Article 82 of the Emulation and Commendation Law 2022 stipulates:
Authority to confer awards
1. The person with the authority to decide to award emulation titles and commendation forms may directly confer or authorize to confer awards.
2. Ambassadors or heads of diplomatic missions of the Socialist Republic of Vietnam abroad are authorized to confer forms of state commendations from Vietnam to individuals and collectives in the host country.
Thus, the conferral of emulation titles and commendation forms can be carried out by:
A person with the authority to decide to award emulation titles and commendation forms directly or through authorization.
Ambassadors or heads of diplomatic missions of the Socialist Republic of Vietnam abroad authorized to confer forms of state commendations from Vietnam to individuals and collectives in the host country.
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