04 measures to protect dynamic and creative cadres according to Decree 73/2023/ND-CP in Vietnam

04 measures to protect dynamic and creative cadres according to Decree 73/2023/ND-CP in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On September 29, 2023, the Government issued Decree 73/2023/ND-CP regulating the encouragement and protection of dynamic, creative cadres who dare to think, dare to do, and dare to make breakthroughs for the common good.

04 measures to protect dynamic and creative cadres according to Decree 73/2023/ND-CP in Vietnam

Specifically, protecting cadres who are dynamic, creative, dare to think, dare to do, and dare to make breakthroughs for the common good include:

(1) A cadre who implements an innovation or creativity proposal that is assessed by the agency employing the officer as completed according to the provisions of Article 18 of Decree 73/2023/ND-CP will not be liable according to relevant laws.

(2) Cadres implement innovation and creativity proposals but do not complete or only partially complete the set goals but the agency employing the officer reviews and evaluates that they have implemented the policy correctly, have pure motives, and is for the benefit of the employee, then liability will be excluded according to the provisions of relevant law.

(3) Cadres implement innovation and creativity proposals without completing or only partially completing the set goals and causing damage, but the agency employing the officer reviews and evaluates that they have implemented the policy correctly, have pure motives, and are for the common good, then they will be considered for exclusion, exemption, or reduction of responsibility according to relevant laws.

(4) Agencies and heads of agencies employing cadres who decide to allow the implementation of innovative proposals must promptly review and evaluate implementation results, clearly identify objective and subjective causes, and conduct a comprehensive assessment for the cases specified in (1), (2), and (3).

(Article 11 of Decree 73/2023/ND-CP)

Principles of encouraging and protecting cadres who are dynamic, creative, dare to think, dare to do, and dare to take responsibility in Vietnam

Encouraging and protecting cadres who are dynamic, creative, dare to think, dare to do, and dare to take responsibility for the common good must ensure the following principles:

(i) Cadres who are dynamic, creative, dare to think, dare to do, and dare to take responsibility for the common good must be encouraged and protected.

(ii) Encourage and protect cadres whose innovative and creative proposals are considered and decided by the employing agency for implementation within the scope of decision authority according to the provisions of law, ensuring not to violate the Party's regulations, legal documents of the National Assembly, the National Assembly Standing Committee, and superior state agencies and international treaties to which the Socialist Republic of Vietnam is a member.

(iii) Cadres have innovative and creative proposals that are considered and decided by the employing agency for implementation, with results contributing to the construction and development of the country, industry, field, localities, agencies, and units that are recognized, honored, and rewarded accordingly. Agencies employing cadres report and seek opinions from Party committees and party organizations at the same level before approving and evaluating the results of implementing innovation and creativity proposals.

(iv) Encouraging and protecting cadres must be done promptly, democratically, openly and transparently; correct subjects, orders, and procedures as prescribed in this Decree and relevant laws. Competent agencies and individuals must promptly review and evaluate implementation results, clearly identify objective and subjective causes, and make objective and comprehensive assessments for proposing and implementing innovative and creative proposals.

(v) Dynamic and creative cadres for the common good may not be held liable, may be excluded, exempted, or have their liability reduced according to the provisions of Clauses 1, 2 and 3, Article 11 of Decree 73/2023/ND-CP.

(Article 4 of Decree 73/2023/ND-CP)

Who are considered dynamic, creative cadres who dare to think, dare to do, and dare to take responsibility?

Employees are dynamic, creative, dare to think, dare to do, dare to take responsibility are cadres, civil servants, leaders, managers, management cadres, title holders, and position holders and the representative of the state capital in the enterprise according to the Government's regulations has an innovative and creative mindset, dares to do and dares to take responsibility in the process of performing assigned responsibilities and tasks, originating from urgent practical requirements and demands to remove and resolve bottlenecks and bottlenecks in mechanisms and policies that have not been stipulated in legal documents of the Government and the Prime Minister, ministries, ministerial-level agencies, and localities, bringing practical value and effectiveness, creating strong changes, and positively contributing to common development.

(Clause 3, Article 3, Decree 73/2023/ND-CP)

More details can be found in Decree 73/2023/ND-CP, which takes effect from the date of signing.

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