Luật 39/2013/QH13

Law No. 39/2013/QH13 dated November 16, 2013, amending of the Law on Emulation and Commendation

Nội dung toàn văn Law No. 39/2013/QH13 amending of the Law on Emulation and Commendation


THE PRESIDENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 39/2013/QH13

Hanoi, November 16, 2013

 

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON EMULATION AND COMMENDATION

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates Law No. 15/2003/QH11 Amending and Supplementing a Number of Articles of the Law on Emulation and Commendation, which was amended and supplemented under Law No. 47/2005/QH11 and Law No. 32/2009/QH12.

Article 1. To amend and supplement a number of articles of the Law on Emulation and Commendation.

1. To amend and supplement Article 4 as follows:

“Article 4

The State shall offer commendation through reviewing the achievements recorded at different stages of the revolution; merit- and achievement-based commendation; contribution process-based commendation, and external commendation.”

2. To amend and supplement Article 5 as follows:

“Article 5

Emulation aims to stimulate, attract and encourage all individuals and collectives to bring into full play the patriotic tradition, dynamism and creativity so as to accomplish their assigned tasks for the objective of a prosperous people and a strong, democratic, equitable and civilized country.”

3. To amend and supplement Clause 2 of, and add Clause 3 to, Article 6 as follows:

“2. Commendation principles include:

a/ Correctness, publicity, fairness and timeliness;

b/ One commendation form may be awarded many times to one subject; no more than one commendation form may be awarded for a single achievement;

c/ Consistency between the nature, form and subject of commendation;

d/ Close combination of spiritual stimulation with material incentive.

3. To ensure gender equality principles in emulation and commendation.”

4. To amend and supplement Article 21 as follows:

“Article 21

The “National Emulation Fighter” title shall be considered and conferred on individuals with the most typical outstanding achievements who are selected among those having won the “Emulation Fighter” title of ministerial, sectoral, provincial or central mass organization level for 2 consecutive times.”

5. To amend and supplement Clause 2, Article 23 as follows:

“2. Having created an initiative which may be a technical solution, managerial solution, professional solution or solution for application of technical advances to increase labor productivity or work efficiency recognized by their establishments; having a scientific research work which has passed acceptance tests and been applied in practice; or being ingenious and creative in combat or combat service and having excellently accomplished their assigned tasks as recognized by their units.”

6. To amend and supplement Article 24 as follows:

“Article 24

1. The “Advanced Laborer” title shall be considered and conferred on cadres, civil servants and public employees who satisfy the following criteria:

a/ Having properly accomplished their assigned tasks, achieving high productivity and quality;

b/ Having properly observed the Party’s line and policies and the State’s laws, showing a sense of self-reliance, self-strengthening, solidarity and mutual assistance, and having actively participated in emulation movements;

c/ Having actively participated in political, cultural and professional training;

d/ Possessing good ethical qualities and a healthy lifestyle.

2. Officers, non-commissioned officers, professional armymen and soldiers of the People’s Army; officers, non-commissioned officers and soldiers of the People’s Police who satisfy the criteria prescribed in Clause 1 of this Article shall be considered and conferred the “Advanced Fighter” title.

3. The “Advanced Laborer” title shall be considered and conferred on workers, farmers and laborers other than those defined in Clauses 1 and 2 of this Article who satisfy the following criteria:

a/ Having achieved high effectiveness in their work or production activities, actively participated in emulation movements and social activities;

b/ Having set a good example in observing the Party’s line and policies and the State’s laws; possessing good ethical qualities and a healthy lifestyle, showing a sense of solidarity and willingness to assist other people in the community.”

7. To amend and supplement Clause 2, Article 25 as follows:

“Being the most typical outstanding collectives in emulation movements at the ministerial, sectoral, provincial or central mass organization level.”

8. To amend and supplement Clause 2 of, and add Clauses 3 and 4 to, Article 31 as follows:

“2. The emulation titles for students and collectives of students in schools or other education institutions prescribed by the education law and criteria for these titles shall be defined by the Ministry of Education and Training or the ministries, sectors or organizations managing such schools or education institutions.

3. Emulation Flags of military zone-, service branch-, army corps-, arm- or general department- or equivalent level in the Ministry of National Defense or the Ministry of Public Security shall be defined by the Ministry of National Defense or the Ministry of Public Security.

4. The definition of emulation titles mentioned in Clauses 1, 2 and 3 of this Article and criteria for these titles must be agreed by the central state management agency of emulation and commendation.”

9. To amend and supplement Article 32 as follows:

“Article 32

Orders shall be awarded to collectives having recorded many achievements; awarded or posthumously awarded to individuals having made merits, recorded achievements, or possess a process of contribution in agencies, organizations or collectives.”

10. To amend and supplement Clauses 3 and 4, Article 34 as follows:

“3. The “Gold Star Order” shall be awarded to collectives which have been awarded the “Ho Chi Minh Order”, recorded particularly outstanding achievements in the subsequent 25 years, and successfully built internal solidarity with clean and strong Party and mass organizations;

4. The “Gold Star Order” shall be awarded to heads of foreign states with great merits to Vietnam.”

11. To amend and supplement Clause 2 of, and add Clause 3 to, Article 35 as follows:

“2. The “Ho Chi Minh Order” shall be awarded to collectives that have been awarded the first-class “Independence Order” or the first-class “Military Exploit Order”, excellently accomplished their tasks in the subsequent 10 years, and successfully built internal solidarity with clean and strong Party and mass organizations.

3. Collectives which have been awarded the “Ho Chi Minh Order”, excellently accomplished their tasks in the subsequent 15 years, and successfully built internal solidarity, with clean and strong Party and mass organizations, shall be considered for the “Ho Chi Minh Order” for the second time.”

12. To amend and supplement Article 36 as follows:

“Article 36

1. The first-class “Independence Order” shall be awarded or posthumously awarded to individuals having worked in agencies, organizations or mass organizations for a long time and recorded a particularly outstanding achievement in politics, economics, social affairs, literature, arts, science, technology, defense, security or foreign affairs or another field which has an influence over and is praised in the whole country.

2. The first-class “Independence Order” shall be awarded to collectives which have been awarded the second-class “Independence Order”, excellently accomplished their tasks in the subsequent 10 years, and successfully built internal solidarity with clean and strong Party and mass organizations.”

13. To amend and supplement Article 37 as follows:

“Article 37

1. The second-class “Independence Order” shall be awarded or posthumously awarded to individuals having worked in agencies, organizations or mass organizations for a long time and recorded many outstanding achievements in politics, economics, social affairs, literature, arts, science, technology, defense, security 01' foreign affairs or another field, which have an influence over and are praised in the whole country.

2. The second-class “Independence Order” shall be awarded to collectives which have been awarded the third-class “Independence Order”, excellently accomplished their tasks in the subsequent 10 years, and successfully built internal solidarity with strong Party organizations and mass organizations.”

14. To amend and supplement Article 38 as follows:

“Article 38

1. The third-class “Independence Order” shall be awarded or posthumously awarded to individuals having worked in agencies, organizations or mass organizations for a long time and recorded an outstanding achievement in politics, economics, social affairs, literature, arts, science, technology, defense, security or foreign affairs or another field, which has an influence over and is praised in the whole country.

2. The second-class “Independence Order” shall be awarded to collectives that satisfy the following criteria:

a/ Having been awarded the first-class “Labor Order”, excellently accomplished their assigned tasks in the subsequent 10 years, and successfully built internal solidarity, with strong Party organizations and mass organizations;

b/ Possessing a formation and development process of 30 years or more.”

15. To amend and supplement Article 39 as follows:

“Article 39

1. The first-class “Military Exploit Order” shall be awarded or posthumously awarded to individuals having served in the People’s Army or People’s Police for a long time, recorded outstanding exploits and been courageous in combat, combat service, training, force building, strengthening of the all-people defense and people’s security or having sacrificed their lives heroically, who are acknowledged by the State and praised all over the country.

2. The first-class “Military Exploit Order” shall be awarded to collectives in the People’s Army 01' People’s Police which have been awarded the second-class “Military Exploit Order”, excellently accomplished their tasks in the subsequent 10 years and successfully built strong and clean Party and mass organizations.”

16. To amend and supplement Article 40 as follows:

“Article 40

1. The second-class “Military Exploit Order” shall be awarded or posthumously awarded to individuals having served in the People’s Army or People’s Police for a long time, recorded outstanding exploits and been courageous in combat, combat service, training, force building, strengthening of the all-people defense and people’s security or having sacrificed their lives heroically, who are acknowledged by the State and praised within the Army or People’s Police.

2. The second-class “Military Exploit Order” shall be awarded to collectives in the People’s Army or People’s Police that have been awarded the third-class “Military Exploit Order”, excellently accomplished their tasks in the subsequent 10 years and successfully built strong and clean Party and mass organizations.”

17. To amend and supplement Article 41 as follows:

“Article 41

1. The third-class “Military Exploit Order” shall be awarded or posthumously awarded on individuals having served in the People’s Army or People’s Police for a long time, recorded outstanding exploits and been courageous in combat, combat service, training, force building, strengthening of the all-people defense or people’s security, or have sacrificed their lives heroically, who are acknowledged by the State and praised within a military zone, service branch, army corps, arm or general department or an equivalent unit.

2. The third-class “Military Exploit Order” shall be awarded to collectives in the People’s Army or People’s Police that satisfy the following criteria:

a/ Having been awarded the first-class “Fatherland Defense Order” and excellently accomplished their tasks in the subsequent 10 years; having successfully built clean and strong Party and mass organizations;

b/ Possessing a formation and development process of 30 years or more.

18. To amend and supplement Clause 2 of, and add Clause 3 to Article 42 as follows:

“2. The first-class “Labor Order” shall be awarded or posthumously awarded to individuals who set a good example in observing the Party’s lines and policies and the State’s laws and satisfy one of the following criteria:

a/ Having been awarded the second-class “Labor Order” and recorded outstanding achievements which have an influence over and are praised in the whole country in the subsequent 5 years or having worked in agencies, organizations or mass organizations for a long time;

b/ Having unexpectedly recorded a particularly outstanding achievement or having created an invention, innovation or initiative which has been effectively applied nationwide; having created a state-level typical outstanding scientific work or work; or having created an invention, innovation or initiative which has been effectively applied in practice and recognized at the ministerial, sectoral or central mass organization level, for workers, farmers and laborers.

3. The first-class “Labor Order” shall be awarded to collectives that satisfy, one of the following criteria:

a/ Having recorded an outstanding achievement which has an influence over and is praised in the whole country;

b/ Having been awarded the second-class “Labor Order”, excellently accomplished their tasks in the subsequent 5 years, successfully built internal solidarity and set a good example in observing the Party’s line and policies and the State’s laws.”

19. To amend and supplement Article 43 as follows:

“Article 43

1. The second-class “Labor Order” shall be awarded or posthumously awarded to individuals who set a good example in observing the Party’s line and policies and the State’s laws and satisfy one of the following criteria:

a/ Having been awarded the third-class “Labor Order” and, in the subsequent 5 years, recorded outstanding achievements which have an influence over and are praised within their ministries, sectors, provinces, centrally run cities or central mass organizations, or having worked in agencies, organizations or mass organizations for a long time;

b/ Having unexpectedly recorded a particularly outstanding achievement or having created an invention, innovation or initiative which has been effectively applied in their ministries, sectors, provinces, centrally run cities or central mass organizations; having created a typical outstanding scientific work or work of the ministerial, sectoral, provincial or central mass organization level; or having created an invention, innovation or initiative which has been effectively applied in practice and recognized at the provincial level, for workers, farmers and laborers.

2. The second-class “Labor Order” shall be awarded to collectives that satisfy one of the following criteria:

a/ Having recorded an outstanding achievement which has an influence over and is praised within a ministry, sector, province or centrally run city;

b/ Having been awarded the third-class “Labor Order”, excellently accomplished their assigned tasks in the subsequent 5 years, successfully built internal solidarity and set a good example in observing the Party’s line and policies and the State’s laws.”

20. To amend and supplement Article 44 as follows:

“Article 44

1. The third-class “Labor Order” shall be awarded or posthumously awarded to individuals who set a good example in observing the Party’s line and policies and the State’s laws and satisfy one of the following criteria:

a/ Having recorded outstanding achievements which have an influence over and are praised within their ministries, sectors, provinces, centrally ran cities or central mass organizations, or having worked in agencies, organizations or mass organizations for a long time;

b/ Having unexpectedly recorded a particularly outstanding achievement or having created a scientific or an art work or an initiative which is rated as excellent by a ministerial- or provincial-level Science Council and has been effectively applied in practice; having recorded outstanding achievements in production activities or having created an initiative which has been effectively applied in practice and recognized at the district level, for workers, farmers or other laborers.

2. The third-class “Labor Order” shall be awarded to collectives that satisfy one of the following criteria:

a/ Having recorded an outstanding achievement which has an influence over and is praised within a field under their ministries, sectors, provinces, centrally run cities or central mass organizations;

b/ Having been awarded the “Prime Minister’s Diploma of Merit”, excellently accomplished their tasks in the subsequent 5 years, successfully built internal solidarity and set a good example in observing the Party’s line and policies and the State’s laws; and possess a formation and development process of 10 years or more.”

21. To amend and supplement Clauses 2 and 3, Article 45 as follows:

“2. The first-class “Fatherland Defense Order” shall be awarded or posthumously awarded to individuals of the people’s armed forces who satisfy one of the following criteria:

a/ Having been awarded the second- class “Fatherland Defense Order” and in the subsequent 5 years, recorded outstanding achievements in training, combat readiness preparation, force building or strengthening of the all-people defense or people’s security which have an influence over and are praised in the whole country, or having served in the people’s armed forces for a long time;

b/ Having unexpectedly recorded a particularly outstanding achievement or created an invention or innovation or a state- level particularly outstanding scientific work or work in national defense or security which is recognized by a competent agency.

3. The first-class “Fatherland Defense Order” shall be awarded to collectives of the people’s armed forces that satisfy one of the following criteria:

a/ Having recorded outstanding achievements in training, combat readiness preparation, force building or strengthening of the all-people defense or people’s security which have an influence over and are praised in the whole the country;

b/ Having been awarded the second-class “Fatherland Defense Order”, excellently accomplished their tasks in the subsequent 5 consecutive years, and successfully built clean and strong Party and mass organizations.”

22. To amend and supplement Article 46 as follows:

“Article 46

1. The second-class “Fatherland Defense Order” shall be awarded or posthumously awarded to individuals of the people’s aimed force who satisfy one of the following criteria:

a/ Having been awarded the third-class “Fatherland Defense Order” and in the subsequent 5 years, recorded outstanding achievements in training, combat readiness preparation, force building or strengthening of the all-people defense or people’s security which have an influence over and are praised within the Army or People’s Police Force, or having served in the people’s armed forces for a long time;

b/ Having unexpectedly recorded a particularly outstanding achievement or created an invention or innovation or a state-level particularly outstanding scientific work or work in defense or security which is recognized by a competent agency.

2. The second-class “Fatherland Defense Order” shall be awarded on collectives of the people’s armed forces that satisfy one of the following criteria:

a/ Having recorded outstanding achievements in training, combat readiness preparation, force building or strengthening of the all-people defense or people’s security which have an influence over and are praised within the Army or People’s Police;

b/ Having been awarded the third-class “Fatherland Defense Order”, excellently accomplished their tasks in the subsequent 5 years and successfully built clean and strong Party and mass organizations.”

23. To amend and supplement Article 47 as follows:

“Article 47

1. The third-class “Fatherland Defense Order” shall be awarded or posthumously awarded to individuals of the people’s armed forces, who satisfy one of the following criteria:

a/ Having recorded outstanding achievements in training, combat readiness preparation, force building or strengthening of the all-people defense or people’s security which have an influence over and are praised within a military zone, service branch, army corps, arm or general department or an equivalent unit, or having served in the people’s armed forces for a long time;

b/ Having unexpectedly recorded particularly outstanding achievements or having created an invention or innovation or outstanding scientific work or a work of ministerial, sectoral, provincial or central mass organization level in national defense or security, which is recognized by a competent agency.

2. The third-class “Fatherland Defense Order” shall be awarded to collectives of the people’s armed forces that satisfy one of the following criteria:

a/ Having recorded outstanding achievements in training, combat readiness preparation, force building or strengthening of the all-people defense or people’s security which have an influence over and are praised within a military zone, service branch, army corps, arm or general department or an equivalent unit;

b/ Having been awarded the “Prime Minister’s Diploma of Merit”, excellently accomplished their assigned tasks in the subsequent 5 years, successfully built clean and strong Party and mass organizations; and possessing a formation and development process of 10 years or more.”

24. To amend and supplement Article 48 as follows:

“Article 48

1. The first-class “Feat Order” shall be awarded to collectives and awarded or posthumously awarded to individuals that have recorded particularly outstanding feats in combat or combat service which have an encouraging and educative effect and are praised nationwide.

2. The second-class “Feat Order” shall be awarded to collectives and awarded or posthumously awarded to individuals that have recorded outstanding feats in combat or combat service which have an encouraging and educative effect and are praised within the Army or the People’s Police or in a province or centrally run city.

3. The third-class “Feat Order” shall be awarded on collectives and awarded or posthumously awarded to individuals that have recorded outstanding feats in combat or combat service which have an encouraging and educative effect and are praised within a military zone, service branch, army corps, arm or general department or an equivalent unit.”

25. To amend and supplement Article 52 as follows:

“Article 52

Medals shall be awarded or posthumously awarded to officers, non-commissioned officers, professional armymen, soldiers, public employees, civil servants and defense workers working in agencies and units of the People’s Army; officers, non-commissioned officers, soldiers, public employees, civil servants and workers working in agencies and units of the People’s Police who have served for a long time with contributions, and foreigners who have made many contributions to the cause of construction and defense of the Vietnamese Fatherland.”

26. To amend and supplement Article 54 as follows:

“Article 54

The “Determined-to-Win Military Flag Medal” shall be awarded or posthumously awarded to officers, professional armymen, public employees, civil servants or defense workers in agencies and units of the People’s Army, who have served in the People’s Army for 25 consecutive years or more and properly accomplished their assigned tasks.”

27. To amend and supplement Article 55 as follows:

“Article 55

The “For National Security Medal” shall be awarded or posthumously awarded to officers, non-commissioned officers, public employees, civil servants or workers working in agencies and units of the People’s Police, who have served in the People’s Police for 25 consecutive years 01' more and properly accomplished their assigned tasks.”

28. To amend and supplement Article 56 as follows:

“Article 56

1. The “Glorious Fighter Medal” shall be awarded or posthumously awarded to officers, non-commissioned officers, soldiers, public employees, civil servants or defense workers working in agencies and units of the People’s Army; officers, non-commissioned officers, soldiers, public employees, civil servants and workers working in agencies and units the People’s Police, who have recorded achievements and properly accomplished their assigned tasks, thus contributing to the cause of building the People’s Army or People’s Police.

2. The criteria for consideration of the award or posthumous award of the “Glorious Fighter Medal” to the subjects defined in Clause 1 of this Article are as follows:

a/ The first-class “Glorious Fighter Medal” shall be awarded or posthumously awarded to individuals who have served for 20 consecutive years or more;

b/ The second-class “Glorious Fighter Medal” shall be awarded or posthumously awarded to individuals who have served for 15 consecutive years or more;

c/ The third-class “Glorious Fighter Medal” shall be awarded or posthumously awarded to individuals who have served for 10 consecutive years or more.

3. The criteria for consideration of the award or posthumous award of the “Glorious Fighter Medal” applicable to the subjects defined in Clause 1 of this Article who have served in sea areas, islands or areas with exceptionally difficult socio-economic conditions for a certain period of time shall be prescribed by the Government.”

29. To amend Article 57 as follows:

“Article 57

The “Friendship Medal” shall be awarded to foreigners who have made many contributions to the cause of construction and defense of the Vietnamese Fatherland.”

30. To amend and supplement Article 60 as follows:

“Article 60

1. The “People’s Armed Force Hero” title shall be conferred or posthumously conferred on individuals who satisfy the following criteria:

a/ Being absolutely loyal to the socialist Fatherland of Vietnam, having performed heroic, courageous and ingenious acts, sacrificed themselves or recorded particularly outstanding achievements in combat, training, combat service, maintenance of security, social order and safety which are praised all over the country;

b/ Having created an initiative or a solution or having a research work of special value which has been effectively applied in defense, security or socio-economic activities nationwide;

c/ Possessing high technical, tactical and professional levels, having constantly studied to improve their professional and political qualifications and excellently accomplished their tasks; and having made great merits in the provision of technical, tactical or professional training to their comrades;

d/ Possessing a firm political stuff, good ethnical qualities and a healthy lifestyle, showing a sense of solidarity and cooperation and being a good example in all aspects.

2. The “People’s Armed Force Hero” title shall be conferred on collectives that satisfy the following criteria:

a/ Having recorded particularly outstanding achievements in combat, combat service or maintenance of security and social order and safety, and being loyal to the socialist Fatherland of Vietnam;

b/ Showing courageousness, ingeniousness and creativity in combat and combat readiness training, being typical units in emulation movements and having made great contribution to the development of the sector;

c/ Taking the lead in the Army or the People’s Police in the movements for technical initiatives and innovations and renovating leading and commanding methods and having recorded many achievements in applying new scientific and technological advances to combat, training and work;

d/ Taking the lead in the provision of technical, tactical, professional and political training to cadres and soldiers; having properly managed weapons and physical and technical foundations, ensuring absolute safety for humans and assets;

dd/ Taking the lead in observing the Party’s line and policies and the State’s laws; setting a good example in observing discipline, regulations and rules of the People’s Army and People’s Police; upholding the sense of internal solidarity as well as cooperation and support between the people and people’s armed forces, and properly caring for the material and spiritual lives of cadres and soldiers;

e/ Proactively participating in local movements, gaining local people’s trust and love and setting a good example in all aspects; having successfully built clean and strong Party and mass organizations.

3. The “People’s Armed Force Hero” title shall be considered and conferred once every 5 years, except for those with particularly outstanding achievements recorded unexpectedly.”

31. To amend and supplement Article 61 as follows:

“Article 61

1. The “Labor Hero” title shall be conferred to or posthumously conferred on individuals who satisfy the following criteria:

a/ Being absolutely loyal to the socialist Fatherland of Vietnam, having a sense of creativity, obtaining high labor productivity, quality and efficiency and having recorded particularly outstanding achievements for the objective of a prosperous people and a strong, democratic, equitable and civilized country;

b/ Having made important contributions to the development of their units, localities or sectors and the country for 10 years or more, and being honored by their collectives;

c/ Having recorded many achievements in the research and application of scientific and technical advances and new technologies; having created initiatives, solutions, scientific research works, literary or artistic works which have a special value and bring about high effectiveness nationwide;

d/ Having made great merits in the training and retraining of their colleagues and young generations and in the provision of technical guidance and transfer of technologies and production and business experiences;

dd/ Strictly abiding by the Party’s line and policies and the State’s laws; possessing a firm political stuff, a high sense of responsibility, sparing no efforts to overcome difficulties and devote themselves to work; being industrious, thrifty, incorruptible, public-spirited and selfless; possessing good ethical qualities and a healthy lifestyle and upholding the sense of solidarity and cooperation; being a good example in all aspects.

2. The “Labor Hero” title shall be conferred on collectives that satisfy the following criteria:

a/ Having recorded particularly outstanding achievements in creative labor for the objective of a prosperous people and a strong, equitable, democratic and civilized country; being loyal to the socialist Fatherland of Vietnam;

b/ Being the typical collectives with the highest labor productivity, quality and effectiveness all over the country and having made great contributions to local, sectoral and national socio-economic development for 10 years or more;

c/ Taking the lead in technology renewal nationwide, having recorded many achievements in the application of scientific and technical advances, development of technical initiatives and renovations, and environmental protection;

d/ Taking the lead in the provision of training and re-training in all aspects to cadres, public employees, civil servants and laborers; being a typical model in professional training and capacity building which should be followed by others;

dd/ Taking the lead in the application and implementing the Party’s line and policies and the State’s laws, assuring benefits of laborers, properly managing capital and assets and ensuring absolute safety for humans and property;

e/ Proactively participating in local movements; being a good example in all aspects and honored by local people; having successfully built internal solidarity with clean and strong Party and mass organizations.”

3. The “Labor Hero” title shall be considered and conferred once every 5 years, except for those with particularly outstanding achievements recorded unexpectedly.”

32. To amend and supplement Clauses 1, 2 and 4, Article 62 as follows:

“1. Eligible for consideration for conferment of the “People’s Teacher” or “Teacher of Merit” title are teachers and education administrators.

2. The “People’s Teacher” title shall be conferred on the subjects defined in Clause 1 of this Article who have been conferred the “Teacher of Merit” title and satisfy the following criteria:

a/ Being loyal to the socialist Fatherland of Vietnam;

b/ Possessing good ethical qualities, having devoted themselves to their profession and loved pupils, possessing excellent pedagogical talents, having made great contributions to the education sector, a widespread influence in the sector and the entire society, and being respected by pupils, colleagues and people;

c/ Having personally engaged in teaching or lecturing activities for 20 years or more; for education administrators, having worked in the sector for 25 years or more, including 15 years of being personally engaged in teaching or lecturing activities.

“4. The “People’s Teacher” and “Teacher of Merit” titles shall be considered and announced one every 3 years on the anniversary of Vietnamese Teacher’s Day, the Twentieth of November.”

33. To amend and supplement Clauses 1, 2 and 4, Article 63 as follows:

“1. Eligible for consideration for conferment of the “People’s Doctor” or “Doctor of Merit” title are medical doctors, pharmacists, physicians, nurses, technicians, traditional medicine doctors, traditional medicine pharmacists and health administrators.

2. The “People’s Doctor” title shall be conferred on the subjects defined in Clause 1 of this Article, who have been conferred the “Doctor of Merit” title and satisfy the following criteria:

a/ Being loyal to the socialist Fatherland of Vietnam;

b/ Possessing good ethical qualities, having devoted to their profession and wholeheartedly care for patients, having talents and numerous outstanding achievements in disease prevention, disease treatment and scientific and technical development in the health sector, having made many contributions to the protection and improvement of people’s health, gaining a widespread public influence, and being trusted and respected by patients and colleagues;

c/ Having personally engaged in professional or technical work in the health sector for 20 years or more; for health administrators, having worked in the sector for 25 years or more, including 15 years of personally performing the professional and technical work.”

“4. The “People’s Doctor” and “Doctor of Merit” titles shall be considered and announced one every 3 years on the anniversary of Vietnamese Doctor’s Day, the Twenty Seventh of February.”

34. To amend and supplement Clauses 2, 3 and 4, Article 64 as follows:

“2. The “People’s Artist” title shall be conferred to the subjects defined in Clause 1 of this Article, who have been conferred the “Artist of Merit” title and satisfy the following criteria:

a/ Being loyal to the socialist Fatherland of Vietnam;

b/ Possessing good ethical qualities, excellent artistic talents, having made many contributions to the Vietnamese revolutionary cause, and being admired by colleagues and people;

c/ Having engaged in art activities for 20 years or more, or 15 years or more, for the art of circus or dance; having won many prizes in domestic or overseas art festivals, contests and shows.

d/ Having further won many prizes in domestic or overseas art festivals, contests and shows after being conferred the “Artist of Merit” title.

3. The “Artist of Merit” title shall be conferred on the subjects defined in Clause 1 of this Article who satisfy the following criteria:

a/ Being loyal to the socialist Fatherland of Vietnam;

b/ Possessing good ethical qualities, artistic talents, showing willingness to serve the people, and being admired by colleagues and people;

c/ Having engaged in art activities for 15 years or more or 10 years or more, for the art of circus or dance; having won numerous prizes in domestic and overseas art festivals, contests and shows.

4. The “People’s Artist” and “Artist of Merit” titles shall be considered and announced one every 3 years on the anniversary of the National Day, the Second of September.”

35. To amend and supplement Clauses 2, 3 and 4, Article 65 as follows:

“2. The “People’s Artisan” title shall be conferred to individuals who have been conferred the “Artisan of Merit” title and satisfy the following criteria:

a/ Being loyal to the socialist Fatherland of Vietnam;

b/ Possessing good ethical qualities, knowledge and particularly excellent skills, having personally engaged in the trades for 20 years or more;

c/ Having made great merits in the protection and promotion of the value of cultural heritages;

d/ Being admired and respected by colleagues and people, and being an exemplary model in the protection and promotion of the values of cultural heritages nationwide.

3. The “Artisan of Merit” title shall be conferred on individuals who satisfy the following criteria:

a/ Being loyal to the socialist Fatherland of Vietnam;

b/ Possessing good ethical qualities, knowledge and particularly excellent skills, having personally engaged in the trades for 15 years or more;

c/ Having made merits in the protection and promotion of the value of cultural heritages;

d/ Being admired and respected by colleagues and people, being an exemplary model in the protection and promotion of the value of cultural heritages in localities.

4. The “People’s Artisan” and “Artisan of Merit” titles shall be considered and announced one every 3 years on the anniversary of the National Day, the Second of September.

36. To amend and supplement Clause 2, Article 68 as follows:

2. The “State Prize” shall be considered and announced once every 5 years on the anniversary of the National Day, the Second of September.

37. To amend and supplement Article 69 as follows:

“Article 69

Commemorative medals or badges shall be awarded to individuals who have made contributions to the development of ministries, departments, sectors, political organizations, socio-political organizations or social organizations.

Badges shall be awarded to individuals who have made contributions to the development of provinces or centrally run cities.

The names of commemorative medals or badges, subjects and criteria for awarding commemorative medals or badges shall be provided by ministries, departments, sectors, central bodies of political organizations, socio-political organizations or social organizations, or provincial-level People’s Councils. Commemorative medals and badges must be registered with the central state management agency of emulation and commendation.”

38. To amend and supplement Article 71 as follows:

“Article 71

1. The “Prime Minister’s Diploma of Merit” shall be awarded to individuals who set a good example in observing the Party’s line and policies and the State’s laws and satisfy one of the following criteria:

a/ Having recorded a typical outstanding achievement which has been honored in emulation movements;

b/ Having been awarded the Diploma of Merit of ministerial, sectoral, provincial or central mass organization level and excellently accomplished their tasks in the subsequent 5 years;

c/ Having recorded many achievements or unexpectedly recorded an achievement which has an influence over a ministry, sector, province, centrally run city or central mass organization; or having recorded many achievements in production and labor which have an influence over a district or an equivalent unit, for workers, farmers and laborers.

2. The “Prime Minister’s Diploma of Merit” shall be awarded to collectives that set a good example in observing the Party’s line and policies and the State’s laws and satisfy one of the following criteria:

a/ Having unexpectedly recorded an achievement or recorded an achievement which has an influence over a ministry, sector, province, centrally run city or central mass organization;

b/ Having recorded a typical outstanding achievement which has been honored in emulation movements;

c/ Having been awarded the Diploma of Merit of ministerial, sectoral, provincial or central mass organization level and excellently accomplished their tasks in the subsequent 5 years.”

39. To amend and supplement Article 72 as follows:

“Article 72

1. The Diploma of Merit of ministerial, sectoral, provincial or central mass organization level shall be awarded to individuals who set a good example in observing the Party’s line and policies and the State’s laws and satisfy one of the following criteria:

a/ Having recorded an outstanding achievement which has been honored in emulation movements;

b/ Having recorded many achievements which have an influence in a field under a ministry, sector, province, centrally run city or central mass organization; having recorded many achievements which have an influence over a commune, agency, unit, organization, enterprise or cooperative, for workers, farmers and laborers.

2. The Diploma of Merit of ministerial, sectoral, provincial or central mass organization level shall be awarded to collectives that set a good example in observing the Party’s line and policies and the State’s laws and satisfy one of the following criteria:

a/ Having recorded an outstanding achievement which has been honored in emulation movements;

b/ Having unexpectedly reported an outstanding achievement which has an influence in a field within a ministry, sector, province or centrally run city;

c/ Having excellently accomplished their tasks for 2 consecutive years, having successfully built internal solidarity, properly exercised grassroots democracy regulations; having properly cared for the material and spiritual lives of their collective members, practiced thrift and implemented regimes and policies for all collective members.”

40. To amend and supplement Article 73 as follows:

“Article 73

1. Commendation in the form of diploma of merit of provincial-level political organizations, socio-political organizations or social organizations shall be prescribed by the central bodies of these organizations.

2. Commendation in the form of diploma of merit of military zones, service branches, army corps, arms or general departments or equivalent units of the Ministry of National Defense or the Ministry of Public Security shall be prescribed by the Ministry of National Defense or the Ministry of Public Security after reaching agreement with the central state management agency of emulation and commendation.

3. The Government shall prescribe the application of the commendation in the form of diploma of merit for families.”

41. To amend and supplement Clause 2, Article 74 as follows:

“2. Certificates of Merit include:

a / Certificate of Merit of heads of agencies or units under ministries, sectors, ministerial-level agencies or government-attached agencies;

b/ Certificate of Merit of chairpersons of Boards of Directors, chairpersons of Members’ Councils or general directors or directors of enterprises or cooperatives;

c/ Certificate of Merit of heads of professional agencies of provincial-level People’s Committees or equivalent agencies.

d/ Certificate of Merit of district-level People’s Committee chairpersons;

dd/ Certificate of Merit of commune-level People’s Committee chairpersons.”

42. To amend and supplement Article 75 as follows:

“Article 75

1. Certificates of Merit shall be awarded to individuals who satisfy one of the following criteria:

a/ Having recorded achievements which have been honored in emulation movements;

b/ Having recorded unexpected achievements;

c/ Having well accomplished their tasks and civic obligations; possessing good ethical qualities and a sense of solidarity, being a good example in observing the Party’s lines and policies and the State’s laws.

2. Certificates of Merit shall be awarded to collectives that satisfy one of the following criteria:

a/ Having recorded achievements which have been honored in emulation movements;

b/ Having recorded achievements unexpectedly;

c/ Having well accomplished their tasks; having successfully built internal solidarity, being a good example in observing the Party’s line and policies and the State’s laws, having properly implemented grassroots democracy regulations, practiced thrift and controlled waste.”

43. To add the following Clause 4 to Article 76 as follows:

“4. The Government shall prescribed the application of the commendation in the form of certificate of merit to families.”

44. To amend and supplement the title of Chapter IV as follows:

“Chapter IV Competence to decide and confer emulation and commendation titles and procedures and dossiers of proposal for these titles”

45. To amend and supplement Article 79 as follows:

“Article 79

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Chairperson of the National Assembly Office, the Chairperson of the President Office, the Chief of the Party Central Committee Office, chairpersons of the Party Commissions and equivalent bodies at the central level, the State Auditor General, leaders of central agencies of the Vietnam Fatherland Front and mass organizations, and chairpersons of provincial-level People’s Committees shall decide to award diplomas of merit and emulation flags and to confer the “Excellent Labor Collective” title, the “Determined-To- Win Unit” title and the title of Emulation Fighter of ministerial, sectoral, provincial or central mass organization level.

The Government shall prescribe the competence to recognize the “Excellent Labor Collective” and “Determined-To-Win Unit” titles in the People’s Army.”

46. To amend and supplement Clauses 1 and 3 of, and add Clause 4 to, Article 80 as follows:

“1. Heads of agencies or organizations under ministries, sectors, ministerial-level agencies, government-attached agencies; heads of specialized agencies under provincial-level People’s Committees and equivalent bodies and chairpersons of district-level People’s Committees shall decide to confer the titles of “Grassroots Emulation Fighter” “Advanced Laborer,” “Advanced Fighter,” “Advance Labor Collective” and “Advanced Unit”, and award certificates of merit.

“3. Chairpersons of commune-level People’s Committees shall decide to award “Certificates of Merit” and confer the “Advanced Laborer” and “Cultured Family” titles.

4. Chairpersons of the Boards of Directors, chairpersons of Members’ Councils general directors and directors of enterprises and cooperatives shall decide to confer the “Grassroots Emulation Fighter”, “Advanced Laborer” and “Advanced Labor Collective” titles, and award certificates of merit.”

47. To amend and supplement Article 83 as follows:

“Article 83

1. Emulation titles shall be considered and proposed from grassroots units under agencies, units, organizations, enterprises and cooperatives. The authorities in charge of organization and personnel, or heads of enterprises or cooperatives, or chairpersons of commune-level People’s Committees shall consider and confer emulation titles or propose superior-level authorities to consider and confer emulation and commendation titles or award prizes for subjects under their management.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Chairperson of the National Assembly Office, the Chairperson of the President Office, the Chief of the Party Central Committee’s Office, chairpersons of Party Commissions and equivalent bodies at the central level, the State Auditor General, leaders of central agencies of the Vietnam Fatherland Front and mass organizations, and chairpersons of provincial-level People’s Committees shall consider and submit to the Prime Minister for the latter to propose the President to decide to award orders, medals, the “Ho Chi Minh Prize” and the “State Prize” and to confer state honorary titles.

The Chairperson of the National Assembly Office shall propose the award of orders and medals and conferment of state honorary titles to full-time National Assembly deputies working at central agencies.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the Chairperson of the National Assembly Office, the Chairperson of the President Office, the Chief of the Party Central Committee’s Office, chairpersons of the Party Commissions and equivalent bodies at the central level, the State Auditor General, leaders of central agencies of the Vietnam Fatherland Front and mass organizations, and chairpersons of provincial-level People’s Committees shall propose the Government to decide to award the “Government’s Emulation Flag”, propose the Prime Minister to decide to award the “Prime Minister’s Diploma of Merit”, and confer the “National Emulation Fighter” title.

4. Heads of competent authorities shall take responsibility for commendation decisions under their competence and for commendation proposals submitted to superior authorities; shall detect, build and commend or propose superior-level authorities to commend advanced models being workers, farmers and laborers of all economic sector.

5. Functional agencies in charge of emulation and commendation shall receive, consider and appraise commendation dossiers and propose them to competent authorities for decision.”

48. To amend and supplement Article 84 as follows:

“Article 84

1. A dossier for conferment of an emulation title comprises:

a/ A written request for conferment of the emulation title;

b/ The written statement of achievements of the individual or collective concerned;

c/ The written record of the emulation assessment meeting;

d/ The written certification of a competent management agency of the initiative or work, in case of requesting conferment of the title of “Grassroots Emulation Fighter”, “Emulation Fighter of ministerial, sectoral, provincial or central mass organization level” or “National Emulation Fighter”.

2. A dossier of nomination for commendation comprises:

a/ A written request for commendation;

b/ The written statement of achievements of the individual or collective nominated for commendation;

c/ The written record of the commendation nomination meeting;

d/ The written certification of a competent management agency of the invention, innovation, initiative, application of scientific and technological advances or work.

3. In case of requesting the award of orders or medals, state honorary titles, the “Government’s Emulation Flag” or the “Prime Minister’s Diploma of Merit”, written opinions of related central agencies or organizations or provincial-level People’s Committees are required.

4. Heads of agencies or organizations competent to decide on commendation or submit dossiers to their superior-level agencies for decision shall publicize names of collectives and individuals nominated for receipt of orders, medal, state honorary titles, the “State Prize” or the “Ho Chi Minh Prize”.

5. Dossiers for conferment of emulation titles and commendation forms shall be preserved in accordance with law.

6. State management agencies of emulation and commendation shall apply information technology to, and modernize, the management of emulation and commendation work.”

49. To amend and supplement the title of Chapter V as follows:

“Chapter V Rights and obligations of individuals and collectives conferred emulation titles and commendation”

50. To add the following Article 91a:

“Article 91a

1. The Central Emulation and Commendation Council is the agency advising and assisting the Party and the State on emulation and commendation work.

2. The Central Emulation and Commendation Council is composed of the Prime Minister as its chairman and leaders of the Party and State agencies and central bodies of socio­political organizations as its deputy heads and members.

The Council Chairman shall decide on its members.

3. The Central Emulation and Commendation Council has the following tasks and powers:

a/ To regulate the coordination among the Party and state agencies, the Vietnam Fatherland Front, central and local mass organizations in advising on and proposing strategies and policies on organization of emulation movements and commendation and emulation work nationwide;

b/ To advise competent authorities to decide on the conferment of emulation titles and award of commendation forms;

c/ To conduct periodical evaluation of emulation movements and commendation work; to propose policies and measures to boost patriotic emulation movements; to advise on the final review of emulation and commendation work; to propose amendments or supplements to regulations and policies on emulation and commendation; to inspect and supervise emulation and commendation work.

4. The central agency in charge of emulation and commendation is the standing body of the Central Emulation and Commendation Council.

5. Emulation and Commendation Councils at all levels and Emulation and Commendation Councils at agencies and organizations shall advise Party committees and administrations at all levels and heads of competent agencies and organizations on emulation and commendation work.

6. The Government shall prescribe the organization and operation of Emulation and Commendation Councils.”

Article 2.

1. This Law takes effect on June 1, 2014.

Before June 1, 2014, individuals who satisfy all conditions and criteria on seniority for being considered for commendation under the Law on Emulation and Commendation but do not satisfy the seniority conditions and criteria provided in this Law shall be considered for commendation under Law No. 15/2003/ QH11 on Emulation and Commendation. The consideration of and decision on commendation for these subjects shall be completed before December 31, 2014.

2. The Government shall detail and guide this Law.

This Law was passed on November 16, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.-

 

 

CHAIRMAN OF THE NATIONAL ASSEMBLY




Nguyen Sinh Hung

 

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Loại văn bảnLuật
Số hiệu39/2013/QH13
Cơ quan ban hành
Người ký
Ngày ban hành16/11/2013
Ngày hiệu lực01/06/2014
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            Law No. 39/2013/QH13 amending of the Law on Emulation and Commendation
            Loại văn bảnLuật
            Số hiệu39/2013/QH13
            Cơ quan ban hànhQuốc hội
            Người kýNguyễn Sinh Hùng
            Ngày ban hành16/11/2013
            Ngày hiệu lực01/06/2014
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            Lĩnh vựcBộ máy hành chính, Văn hóa - Xã hội
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            Cập nhật10 năm trước

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                • 16/11/2013

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