05 Prohibited acts in encouraging and protecting officials in Vietnam

05 Prohibited acts in encouraging and protecting officials in Vietnam
Trần Thanh Rin

On September 29, 2023, the Government issued Decree 73/2023/ND-CP on encouraging and protecting officials who are dynamic, creative, dare to think, dare to do, and dare to take responsibility for the common good in Vietnam.

05 Prohibited acts in encouraging and protecting officials in Vietnam 

Specifically, agencies, organizations, officials, and individuals are not allowed to do the following things in encouraging and protecting officials:

(1) Taking advantage of policies and measures to encourage and protect officials to commit or cover up acts of corruption, misconduct, profiteering, and violations of Party discipline and State law or affect the implementation of political tasks, negatively impacting people's lives, production, and business activities of enterprises.

(2) Obstructing, causing difficulties, or insulting the honor and dignity of dynamic, creative officials, relevant agencies, organizations, and individuals
in the process of proposing, implementing, and completing proposals for the common good.

(3) Avoiding and shifting responsibility in the order and procedures for approval and implementation of innovative and creative proposals.

(4) Failure to comply with the assignment of the agency or organization regarding the implementation of the proposal; improper implementation of proposals decided by the employing agency; failure to comply with the direction of the employing agency on continuing, stopping, or terminating the implementation of the proposal; taking advantage of the implementation of the proposal to avoid, push, or be irresponsible when performing other assigned responsibilities and tasks according to the provisions of law, internal rules, and regulations of the agency.

(5) Handling responsibilities of dynamic, creative officials, agencies, organizations, and individuals involved in the process of proposing and implementing proposals that have been assessed as completed as prescribed in Article 18 of Decree 73/2023/ND-CP.

Conditions for applying policies to encourage dynamic and creative officials in Vietnam 

The policy to encourage dynamic and creative officials specified in Decree 73/2023/ND-CP is applied when the proposed innovation and creativity meet 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;

- Be derived from urgent requirements and demands of practice; does not affect national defense, security, social order, or safety; does not affect the development of localities, other agencies, or units;

- Promote decentralization and decentralization of power in state management, reform administrative procedures, and apply information technology.

Decree 73/2023/ND-CP takes effect on September 29, 2023.

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