Decree No. 122/2005/ND-CP on organizing work for competition and commendation

DECREE

Regulations on the organization of commendation and reward work

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Commendation and Reward dated November 26, 2003;

Considering the proposal of the Chairman of the Central Board for Commendation and Reward and the Minister of Home Affairs,

DECREE:

Article 1. Scope, objects regulated, and principles of organization

1. This Decree stipulates the organization, functions, tasks, powers, and staffing of organizations conducting commendation and reward work at Ministries, agencies equivalent to Ministries, and agencies under the Government; People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees); specialized agencies under provincial-level People's Committees; People's Committees of districts, towns, and provincial-level cities (hereinafter referred to as district-level People's Committees); People's Committees of communes, wards, and towns (hereinafter referred to as commune-level People's Committees), and State-owned Holding Companies.

2. The dedicated machinery for conducting commendation and reward work must be streamlined, flexible, effective, and not rigid.

Article 2. Organizations conducting commendation and reward work

1. Ministries, agencies equivalent to Ministries, and agencies under the Government

a) Establish Departments for Commendation and Reward in Ministries and agencies equivalent to Ministries, and Boards for Commendation and Reward in agencies under the Government with over 1,500 administrative, public service, and staff members, and those organized according to vertical systems located in localities.

b) Establish Offices for Commendation and Reward under the Office or Department (Board) for Cadres and Civil Servants in Ministries, agencies equivalent to Ministries, and agencies under the Government that do not meet the criteria for establishing Departments (or Boards) for Commendation and Reward as specified in point a, Clause 1 of this Article.

The Management Board of Ho Chi Minh Mausoleum shall allocate civil servants to oversee commendation and reward work within its Office.

c) Based on the requirements and tasks of commendation and reward work, the Minister, Head of an agency equivalent to a Ministry, or Head of an agency under the Government shall consider and decide to submit to the Prime Minister for the establishment of Departments (or Boards) for Commendation and Reward when all criteria set forth in point a, Clause 1 of this Article are met.

The establishment of Offices for Commendation and Reward shall be decided by the Head of the same level agency.

2. Provincial-level People's Committees

Based on the requirements and tasks of commendation and reward work in their locality, provincial-level People's Committees shall consider and decide to submit to the People's Council at the same level for the establishment of Provincial Boards for Commendation and Reward.

The Provincial Board for Commendation and Reward is a specialized agency under the provincial-level People's Committee; it has legal personality, its own seal, and separate bank accounts.

3. Specialized agencies under provincial-level People's Committees and district-level People's Committees shall allocate dedicated staff to conduct commendation and reward work within their respective Offices.

4. Commune-level People's Committees shall allocate concurrently serving civil servants to conduct commendation and reward work.

5. State-owned Holding Companies shall establish Boards (Offices) for Commendation and Reward or dedicated units to conduct commendation and reward work.

6. Organizations conducting commendation and reward work shall be subject to the direction of the Heads of the same level agencies; they shall also be guided professionally and technically in commendation and reward work by higher-level commendation and reward agencies.

Article 3. Functions, Tasks, and Authorities

1. Advise the head of the agency and the Commendation and Reward Council at the same level to concretize the Party's guidelines and policies and the State's laws on commendation and reward work within their own agencies and units.

2. Perform the standing tasks of the Commendation and Reward Council at their own level.

3. Develop programs, plans, contents of commendation and reward for each period and field to achieve the economic and social development goals, national defense and security objectives of the sector, locality, and grassroots level.

4. Assist the head of the agency in organizing commendation and reward movements and implementing reward policies within their management scope.

5. Propagate, disseminate, guide, inspect, and urge subordinate units to implement commendation and reward work.

6. Assist the head of the agency in summarizing, concluding, identifying exemplary cases, distilling and disseminating experiences, expanding commendation and reward movements and exemplary cases; propose innovations in commendation and reward work; examine and appraise reward forms to ensure accuracy and timeliness in accordance with the provisions of the law.

7. Organize training on policies and enhance professional expertise in commendation and reward for cadres and civil servants engaged in such work.

8. Inspect the implementation of regulations on reward policies; participate in resolving complaints and denunciations regarding commendation and reward work.

9. Establish and manage the Commendation and Reward Fund in accordance with the provisions of the law.

10. Manage and distribute tangible rewards from the sector and locality according to the delegated authority; organize and present rewards in accordance with the provisions of the law. Handle procedures for replacing damaged or lost tangible rewards and confirm reward forms.

11. Organize research, application of scientific and technological progress, construction of information and archival systems to serve commendation and reward work.

Article 4. Cadre and Civil Servant Establishment

1. The establishment of cadres and civil servants working in commendation and reward at Ministries, agencies equivalent to Ministries, agencies under the Government, Provincial Commendation and Reward Boards, and State-owned Corporations is decided by the Minister, Head of the agency equivalent to a Ministry, Head of the agency under the Government, Chairman of the People's Committee at the provincial level, and General Director based on the tasks and workload of commendation and reward of the agency, unit, or locality.

2. Allocate 2 to 3 civil servants to work in commendation and reward at the People's Committee Office at the district level, decided by the Chairman of the People's Committee at the district level.

3. Allocate half of the civil servant establishment to work in commendation and reward at the People's Committee at the commune level.

Article 5. The Supreme People's Court, the Supreme People's Procuracy, political organizations, political-social organizations, and social organizations shall base their organizational models for commendation and reward work in strong agencies and units on the Law on Commendation and Reward, in coordination with the Central Commendation and Reward Board.

Article 6. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 7. Responsibility for Implementation

1. The Head of the Central Commendation and Reward Board shall take the lead and coordinate with Ministers and Heads of related agencies to guide and inspect the implementation of this Decree.

2. Ministers, Heads of agencies equivalent to Ministries, Heads of agencies under the Government, Chairmen of People's Committees at provincial level and centrally-administered cities, Chairmen of Management Councils, and General Directors of State-owned Corporations are responsible for enforcing this Decree./.