What is the regulations on state management of emulation and commendation in Vietnam?

What is the regulations on state management of emulation and commendation in Vietnam? (Internet image) 

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

1. What is the regulations on state management of emulation and commendation in Vietnam?

According to Article 89 of the Law on Emulation and Commendation 2022, regulations on state management of emulation and commendation are as follows:

- The Government of Vietnam shall unify the state management of emulation and commendation.

- The content of state management of emulation and commendation includes:

= Promulgation of legislative documents on emulation and commendation according to entitlements or request for competent authorities to promulgate such documents;

= Development of policies on emulation and commendation;

= Dissemination, universalization, guide, and organization of the implementation of regulations of the law on emulation and commendation;

= Training and advanced training for emulation and commendation personnel;

= Appraisal of applications for emulation titles and commendation forms;

= Application of science and technology for the state management of emulation and commendation, the emulation and commendation system, and the development of the emulation and commendation database;

= Launch, preliminary, and summary of emulation movements, consideration for awarding emulation titles and commendation forms; assessment of emulation and commendation efficiency;

= Inspection and examination of the implementation of regulations of the law on emulation and commendation;

= Settlement of complaints, denunciations, handling of violations of laws on emulation and commendation;

= International cooperation regarding emulation and commendation.

2. Regulations on handling of violation of emulation and commendation in Vietnam

According to Article 93 of the Law on Emulation and Commendation 2022, regulations on handling of violation of emulation and commendation in Vietnam are as follows:

- Those who violate laws on emulation and commendation shall, based on the nature and severity of the violation, receive disciplinary actions, administrative penalties, or criminal liability prosecution; if such entities cause damage, compensate as prescribed by law.

- Decision on the award of emulation titles and commendation forms shall be canceled and commendation items and bonuses shall be revoked in the following cases:

= Commit fraudulent acts in declaring merits and achievements in order to be awarded emulation titles and commendation forms;

= Provide false information or forge applications and documents to request the award of emulation titles and commendation forms;

= Appraise, consider, approve, and request emulation titles and commendation forms contrary to regulations of the law;

= Receive conclusions, decisions, or judgments from competent agencies on persons who have been awarded emulation titles or commendation forms have violations and defects that lead to failure to meet the criteria for emulation titles and commendation forms during the time their achievements are recorded or violations and defects related to works served as the basis for awarding prizes.

- Individuals who have been awarded honorary titles of the state but convicted by legally effective judgments or decisions of the Court and are subject to definite imprisonment, life imprisonment, or death penalty shall be deprived of such honorary titles of the state, except for cases prescribed in Clause 4 of Article 93 of the Law on Emulation and Commendation 2022.

- Individuals who have been awarded titles of “Labor Hero” in the resistance period, “People’s Armed Forces Hero”, and “Vietnamese Heroic Mother” but convicted by legally effective judgments or decisions of the Court for one of the crimes of infringing upon national security or other crimes subject to life imprisonment or the death penalty or participating in activities against the regime, the CPV, State, deserting, betraying, participating in the Open Arms program but subject to termination of preferential regulations according to laws on incentives for revolutionary contributors shall be deprived of their honorary titles of the state.

- Commercial legal entities that have been awarded honorary titles of the state but convicted by legally effective judgments or decisions of the Court and are subject to permanent suspension of operation shall be deprived of such honorary titles of the state.

- Individuals and commercial legal entities that are deprived of their honorary titles of the state and then receive legally effective judgments or decisions of the Court declaring their innocent and exemption from criminal liabilities or are not subject to cases prescribed in Clauses 3, 4, and 5 of Article 93 of the Law on Emulation and Commendation 2022 shall have their honorary titles of the state reinstated or reawarded.

- The President of Vietnam shall decide on the deprivation, reinstatement, and reaward of honorary titles of the state.

- Persons competent to decide on the award of emulation titles and commendation forms shall also be competent to cancel the decision on the award of emulation titles and commendation forms considered for award.

- The Government of Vietnam shall elaborate on procedures for cancelling decisions on the award of emulation titles and commendation forms, revoking commendation items and bonuses; procedures for depriving, reinstating, and reawarding honorary titles of the state.

Nguyen Ngoc Que Anh

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