What are the conditions for applying incentive policies and measures to protect dynamic, creative, and daring cadres in Vietnam?

What are the conditions for applying incentive policies and measures to protect dynamic, creative, and daring cadres in Vietnam? (Internet image)

Regarding this issue, LawNet answers as follows:

1. Principles of encouraging and protecting dynamic, creative, and daring cadres in Vietnam

According to Article 4 of Decree 73/2023/ND-CP, it stipulates the principles of encouraging and protecting dynamic, creative, daring to think, and daring to do officials as follows:

- Dynamic, creative officials who dare to think, dare to do, and dare to take responsibility for the common good must be encouraged and protected.

- Encouraging and protecting officials whose innovative and creative proposals are considered and decided by the employing agency for implementation within the scope of decision-making 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, superior state agencies, and international treaties to which the Socialist Republic of Vietnam is a member.

- Officials 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 being recognized, honored, and rewarded accordingly. Agencies employing officials 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.

- Encouraging and protecting officials must be done promptly, democratically, openly, and transparently, with the correct subjects, orders, and procedures as prescribed in Decree 73/2023/ND-CP 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.

- Dynamic and creative officials working for the common good may not be held responsible, may be excluded, exempted, or have their responsibilities reduced according to the provisions of Clauses 1, 2 and 3, Article 11 of Decree 73/2023/ND-CP.

2. What are the conditions for applying incentive policies and measures to protect dynamic, creative, and daring cadres in Vietnam?

- The policy to encourage dynamic and creative officials specified in this Decree is applied when the proposed innovation and creativity content meets the following conditions:

+ Ability to remove and resolve bottlenecks in mechanisms and policies that have not been stipulated in the legal documents of the government, the Prime Minister, ministries, ministerial-level agencies, and localities and effectively solve the proposed problem;

+ For the common benefit, bringing practical value and effectiveness, creating change, and positively contributing to the common development of the country, localities, agencies, and units;

+ Derived from urgent requirements and demands of practice; Not affecting national defense, security, social order, or safety; not affecting the development of localities, other agencies, and units;

+ Promoting decentralization and decentralization of power in state management, reforming administrative procedures, and applying information technology.

- Measures to protect dynamic and creative officials specified in Decree 73/2023/ND-CP are applied when falling into one of the following cases:

+ Implement innovative and creative proposals that are assessed by the employing agency as completed according to the provisions of Article 18 of Decree 73/2023/ND-CP;

+ Implement innovation and creativity proposals that do not complete or only partially complete the set goals, causing damage, but the agency employing the cadre has reviewed and assessed that they have implemented the policy correctly, have pure motives, and are for the common good.

(Article 5 of Decree 73/2023/ND-CP)

Nguyen Ngoc Que Anh

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