Decree No. 04/2003/NĐ-CP on rewarding individuals, families, agencies, and organizations with achievements in preventing and combating drug abuse

DECREE OF THE GOVERNMENT

Regulations on rewarding individuals, families, agencies, and organizations with achievements in preventing and combating drug abuse

organizations with achievements in preventing and combating drug abuse

THE GOVERNMENT

Based on the Government Organization Law dated December 25, 2001;

Based on the Drug Prevention and Control Law dated December 9, 2000;

Considering the proposal of the Minister of Public Security and the Minister of Justice.

 DECREE:

PART I

General Provisions

Article 1.

1. This Decree stipulates the rewards for individuals, families, agencies, and organizations with achievements (hereinafter referred to as subjects with achievements) in preventing and combating drug addiction, drug-related crimes, and other illegal acts involving drugs.

2. Foreign individuals and organizations, and international organizations with achievements in preventing and combating drugs within the territory of Vietnam shall be considered for rewards according to this Decree's provisions.

3. Individuals who secretly cooperate with specialized agencies responsible for investigating drug-related crimes and have achieved results shall be considered for special rewards according to this Decree's provisions.

4. Rewards for individuals and units under agencies responsible for detecting, investigating, and handling cases of drug-related crimes with achievements shall be reviewed and implemented according to other relevant laws' provisions.

Article 2

1. Rewards must ensure democracy, accuracy, timeliness, and combine spiritual and material rewards to encourage and motivate individuals, families, agencies, and organizations to participate in preventing and combating drug addiction, drug-related crimes, and other illegal acts involving drugs.

2. Emphasis should be placed on rewarding grassroots units, individuals, and groups working in key and dangerous areas in the fight against drugs.

3. Each form of reward may be given multiple times to a subject.

4. Only one reward shall be considered for each achievement of a subject.

Article 3.

1. Subjects with achievements have the right to request competent state authorities to review and decide on rewards for themselves. In cases where the individual with achievements has passed away, their family or agency, organization, or legal representative of that person has the right to request a review of rewards for that person.

2. State agencies specified in Article 5 and Article 6 of this Decree are responsible for reviewing and deciding on rewards for subjects with achievements according to relevant laws and this Decree's provisions.

Article 4. All state agencies, social organizations, and citizens have the responsibility to cooperate and assist competent state authorities in identifying and providing information and materials related to subjects with achievements to implement timely rewards in accordance with the law.

Chapter II

Forms, standards, systems, and authority for awarding rewards

Article 5.

1. General forms of rewards include:

a) The Flag of Excellence from the Government, Ministries, and provincial-level cities directly under the Central Government;

b) Commendation Certificate from the Prime Minister;

c) Commendation Certificate from the Heads of Central Ministries and Departments;

d) Commendation Certificate from the Chairman of the People's Committee of provincial-level cities directly under the Central Government (hereinafter referred to as provincial level);

e) Commendation Certificate from the Chairman of the People's Committee of districts, urban districts, towns, and provincial-level cities (hereinafter referred to as district level);

f) Commendation Certificate from the Chairman of the People's Committee of communes, wards, and towns (hereinafter referred to as commune level).

2. In addition to general forms of rewards, subjects with achievements as specified in Clause 3, Article 1 of this Decree, who are secret collaborators with specialized agencies responsible for preventing and combating drug-related crimes in the People's Public Security, Military Investigation Agencies, Coast Guard Units, Border Guard Units, Customs Agencies, also receive rewards according to the forms prescribed in Clause 2 of this Article including:

a) Commendation Certificate from the Director-General of the Criminal Police Bureau, Commander of the Border Guard Force, Director-General of the Customs Administration, Head of the specialized agency responsible for preventing and combating drug-related crimes in the Ministry of Public Security, Provincial Public Security Director, Coast Guard Bureau Chief, Border Guard Force Investigation Bureau Chief, Provincial Border Guard Command Chief, Provincial Customs Bureau Chief, Head of Military Investigation Agencies at the General Corps level and above;

b) Commendation Certificate from the District Public Security Chief;

c) Monetary Reward.

Article 6.

1. Specific criteria and systems for the forms of rewards prescribed in Point a, Clause 1, Article 5 of this Decree shall be implemented according to Article 15 and Article 28 of Decree No. 56/1998/NĐ-CP dated July 30, 1998 of the Government.

2. Specific criteria for the forms of rewards prescribed in Points b, c, d, e, and f, Clause 1, Article 5 of this Decree shall be implemented as follows:

a) The Prime Minister shall consider rewards for those with outstanding achievements or subjects with achievements who have been awarded Commendation Certificates by the Heads of Central Ministries and Departments, and the Chairmen of provincial-level People's Committees for three consecutive years, now having new outstanding achievements;

b) Commendation Certificate from the Heads of Central Ministries and Departments is a form of reward for subjects with sudden achievements or annual reviews once a year or at the end of a campaign to prevent and combat drugs, exemplary persons and good deeds influencing within a Ministry or Department;

c) Commendation Certificate from the Chairman of the provincial-level People's Committee is a form of reward for subjects with sudden achievements or annual reviews once a year or at the end of a campaign to prevent and combat drugs, exemplary persons and good deeds influencing within a province;

d) Commendation Certificate from the Chairman of the district-level People's Committee is a form of reward for subjects with sudden achievements or annual reviews once a year or at the end of a campaign to prevent and combat drugs, exemplary persons and good deeds influencing within a district;

e) Commendation Certificate from the Chairman of the commune-level People's Committee is a form of reward for subjects with sudden achievements or annual reviews once a year or at the end of a campaign to prevent and combat drugs, exemplary persons and good deeds influencing within a commune.

3. The monetary reward prescribed in Point c, Clause 2, Article 5 of this Decree shall be implemented according to Decision No. 31/2000/QĐ-TTg dated March 2, 2000 of the Prime Minister on establishing a fund for preventing and combating drugs.

The Minister of Public Security, the Minister of National Defense, and theMinister of Finance shall specify in detail the criteria, procedures, andprocedures for examining and awarding commendations and organizing the bestowalor posthumous bestowal of awards as prescribed in Clause 2, Article 5 of thisDecree.

Article 7.

1. Subjects who have outstanding achievements, in addition to being commendedwith certificates of merit or commendation letters as prescribed in Article 5of this Decree, shall also be accompanied by frames, certificates, and a certainamount of money. The amount of money accompanying certificates of merit orcommendation letters for individual subjects with outstanding achievements shallbe based on the national minimum wage at the time of examination and award, andshall be specified as follows:

a) A commendation letter from the Prime Minister accompanied by an amount ofmoney not exceeding two months' minimum wage;

b) Commendation letters prescribed in points c and d, Clause 1, Article 5 ofthis Decree accompanied by an amount of money not exceeding one month'sminimum wage;

c) Certificates of merit prescribed in points e and f, Clause 1, Article 5 ofthis Decree accompanied by an amount of money not exceeding half a month'sminimum wage.

2. The amount of money accompanying certificates of merit or commendationletters for families, agencies, or organizations with outstanding achievementsshall be twice the amount accompanying certificates of merit or commendationletters for individuals as prescribed in Clause 1 of this Article.

Chapter III

Procedures, formalities, and funding for commendations

Article 8. The application dossier for commendations includes: reports on theoutstanding achievements of the subject; a request letter from the head of theagency, organization, or local authority where the subject resides or works; andthe opinions of subordinate agencies (if there is).

Article 9.

1. After receiving the application dossier, the head of the agency withauthority to examine and award commendations must establish a CommendationExamination Board; the composition of the Board shall include representativesfrom the agency with authority to examine and award commendations serving asChairman of the Board, financial agency representatives, trade unionrepresentatives (if there is) and representatives from the agency, organization, or local authoritywhere the subject resides or works.

2. The Commendation Examination Board has the responsibility to reviewdocuments in the dossier, assess the level of achievement, propose specificawards and forms of commendation for approval by the competent authority. TheBoard's conclusion shall be made by majority vote. Minutes of theCommendation Examination Board meeting shall be kept in the application dossierfor commendations.

3. The head of the agency with authority to examine the application dossier,minutes of the Commendation Examination Board meeting, and issue a commendationdecision. The commendation will be announced immediately after the competentauthority issues the decision.

4. In cases where secret collaborators with agencies as prescribed in Clause2, Article 5 of this Decree are considered for commendations, the head of theagency with authority to examine and award commendations may decide withoutestablishing a Commendation Examination Board to ensure confidentiality.

Article 10. If individuals, families, agencies, or organizations falsely claimachievement in anti-drug efforts to obtain commendations, the agency withauthority to award commendations may revoke the form of commendation.

Article 11.The funding for commendations as prescribed in this Decree shall be sourcedfrom the Central and local Anti-Drug Funds and the commendation funds of variousministries, sectors, and localities.

Chapter IV

Implementation Provisions

Article 12. This Decree takes effect fifteen days after its signing date.

The Ministry of Public Security is responsible for leading and coordinatingwith relevant ministries and sectors to inspect and urge the implementation ofthis Decree.

Article 13. Ministers, heads of ministerial-level agencies, heads of government-affiliatedagencies, and Chairmen of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree./.