Decree No. 73/2023/NĐ-CP stipulates on encouraging and protecting civil servants who are proactive, innovative, dare to think, act, and take responsibility for the common good.

DECREE
Regulations on Encouraging and Protecting Dynamic, Innovative Officials Who Dare to Think, Act, and Take Responsibility for the Common Good

_______________________

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree on encouraging and protecting dynamic, innovative officials who dare to think, act, and take responsibility for the common good.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the encouragement and protection of dynamic, innovative officials who dare to think, act, and take responsibility for the common good.

In cases where there is a proposal to issue regulatory legal documents for pilot implementation, such proposals shall be carried out in accordance with the provisions of the Law on Issuing Regulatory Legal Documents and the Operational Regulations of the Government.

Article 2. Applicability

This Decree applies to leading and managing civil servants in administrative state agencies; managerial staff in public service units; persons holding positions and titles and representatives of state capital in enterprises as prescribed by the Government (hereinafter referred to as officials), and related agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Encouragement means stimulating, trusting, respecting, recognizing, motivating, creating motivation, resources, conditions, and environments for officials to fully utilize their dynamism and creativity.

2. Protection involves applying necessary, timely, effective, and appropriate measures in accordance with the regulations of the Party, state laws, and practical implementation to ensure the legitimate rights and interests of officials and related agencies, organizations, and individuals.

3. Dynamic, innovative officials who dare to think, act, and take responsibility for the common good are those leading and managing civil servants, managerial staff, persons holding positions and titles, and representatives of state capital in enterprises as prescribed by the Government, who have innovative thinking, dare to act and take responsibility during the performance of assigned duties, addressing urgent practical needs to resolve bottlenecks and constraints not covered by government, Prime Minister, ministerial, equivalent agency, local regulatory legal documents, thereby achieving tangible value and effectiveness, making significant changes, and contributing positively to overall development.

4. For the common good means for the benefit of the nation, the people, the community, the industry, sector, locality, agency, or unit, without personal or group interest, and without self-interest motives.

Article 4. Principles of Encouraging and Protecting Officials

1. Dynamic, innovative officials who dare to think, act, and take responsibility for the common good must be encouraged and protected.

2. Officials with proposals for innovation and reform that are considered and decided upon by the employing agency within its decision-making authority in accordance with the law, ensuring compliance with the regulations of the Party, regulatory legal documents of the National Assembly, Standing Committee of the National Assembly, higher-level state agencies, and international treaties to which the Socialist Republic of Vietnam is a party, must be encouraged and protected.

3. Officials whose proposals for innovation and reform are considered and approved by the employing agency, contributing results to the construction and development of the country, industry, sector, locality, agency, or unit, shall be recognized, honored, and appropriately rewarded. The employing agency must report and seek opinions from the same-level Party committee and organizational party before approving and evaluating the implementation of the innovation and reform proposals.

4. Encouragement and protection of officials must be timely, democratic, transparent, and conducted according to the objects, procedures, and formalities stipulated in this Decree and relevant laws. Agencies and authorized individuals must promptly review and evaluate the outcomes, clearly identify both subjective and objective reasons, and conduct comprehensive and objective assessments of the proposal and its implementation.

5. Dynamic, innovative officials for the common good may not be held responsible, exempted, or have their responsibilities mitigated in accordance with Clauses 1, 2, and 3 of Article 11 of this Decree.

Article 5. Conditions for applying policies to encourage and measures to protect officials

1. The policy to encourage dynamic and creative officials stipulated in this Decree shall be applied when the content of the proposal for innovation and creativity meets the following conditions:

a) Possess the ability to resolve bottlenecks and knots in mechanisms and policies not yet specified in normative legal documents of the Government, Prime Minister, ministries, ministerial-level agencies, localities, and effectively address the proposed issues;

b) For the common good, bring tangible value and effectiveness, create changes, and positively contribute to the overall development of the country, locality, agency, or unit;

c) Stem from urgent practical requirements; do not affect national defense, security, social order, and safety; do not impact the development of other localities, agencies, or units;

d) Promote decentralization and delegation of authority in state management, administrative reform, and application of information technology.

2. Measures to protect dynamic and creative officials stipulated in this Decree shall be applied in any of the following cases:

a) Implementing proposals for innovation and creativity that are assessed by the employing agency as completed according to Article 18 of this Decree;

b) Implementing proposals for innovation and creativity that are not completed or only partially completed, causing losses but are assessed by the employing agency as having been carried out in accordance with the policy, with noble motives for the common good.

Article 6. Matters that agencies, organizations, officials, and individuals must not engage in regarding encouragement and protection of officials

1. Exploiting policies and measures to encourage and protect officials to carry out or cover up acts of corruption, negativity, profiteering, violations of Party discipline and State laws, or affecting the implementation of political tasks, negatively impacting people's lives, and business operations of enterprises.

2. Obstructing, creating difficulties, and insulting the dignity and personality of dynamic and creative officials, organizations, and individuals related to the process of proposing, implementing, and completing proposals for the common good.

3. Evading or passing on responsibilities in the procedures and processes for approving and implementing proposals for innovation and creativity.

4. Not complying with the assignment of agencies and organizations regarding the implementation of proposals; carrying out proposals not in accordance with decisions made by the employing agency; not complying with directives from the employing agency regarding continuing, stopping, or terminating the implementation of proposals; exploiting the implementation of proposals to evade, pass on, or shirk responsibility in performing other duties assigned under the law, internal regulations, and rules of the agency.

5. Handling responsibility for dynamic and creative officials, agencies, organizations, and related individuals during the process of proposing and implementing proposals that have been assessed as completed according to Article 18 of this Decree.

Chapter II
PROCEDURES FOR PROPOSAL SUBMISSION AND APPROVAL OF INNOVATION AND CREATIVE PROPOSALS
APPROVE PROPOSALS FOR REFORM AND INNOVATION

Article 7. Procedures and formalities for submitting proposals for innovation and creativity

1. Officials with ideas for innovation and creativity must develop a proposal plan for innovation and creativity in accordance with Clause 2 of this Article.

2. The proposal plan for innovation and creativity includes the following basic contents:

a) The necessity, purpose, and requirements of the proposal for innovation and creativity, clearly demonstrating bottlenecks and knots in mechanisms and policies not yet specified in normative legal documents of the Government, Prime Minister, ministries, ministerial-level agencies, and localities;

b) Proposing the content, tasks, and solutions for innovation and creativity; scope and subjects implementing the tasks and solutions; time frame and resources to ensure implementation; feasibility of the proposed content;

c) Evaluating positive and negative impacts of the proposal for innovation and creativity (if applicable); anticipated effectiveness of the proposal when implemented in practice.

3. The proposal plan for innovation and creativity of officials is submitted to the head of the employing agency for review and decision-making, except in the case stipulated in Clause 4 of this Article.

4. The proposal plan for innovation and creativity of the head of the employing agency is submitted to the head of the superior employing agency for review and decision-making.

Article 8. Procedures for approving proposals for innovation and creativity

1. For proposals for innovation and creativity as stipulated in Clause 3, Article 7 of this Decree, within seven working days from the date of receipt of the proposal plan, the head of the agency using the staff shall convene a collective leadership meeting to examine, discuss, and vote on the implementation of the proposal. The proposal is approved if it receives more than 50% of the votes in favor. In case of a tie, the decision follows the opinion of the head who casts the vote. The collective leadership participating in the voting includes the head and deputy heads of the agency using the staff, except for deputies who are the staff proposing innovation and creativity.

If the content of innovation and creativity is not approved by the collective leadership of the agency using the staff as provided in this clause, the head of the agency using the staff may decide to implement the proposal if they consider it necessary, feasible, and bear responsibility before the superior agency using the staff and the law for their decision. The decision of the head of the agency using the staff to implement the proposal must be in writing.

2. For proposals for innovation and creativity with wide scope, complex content, involving multiple fields, and affecting many subjects, when necessary, within ten days from the date of receipt of the proposal plan, the head of the agency using the staff shall establish an Evaluation Council according to Article 9 of this Decree to examine and decide.

3. For proposals for innovation and creativity as stipulated in Clause 4, Article 7 of this Decree, the head of the agency making the proposal shall report to the head of the superior agency using the staff for examination and decision. The head of the superior agency using the staff has the responsibility to examine the proposals for innovation and creativity according to Clauses 1 and 2 of this Article.

4. Within three working days from the end of the collective leadership meeting for the proposals as stipulated in Clause 1 of this Article, the head of the agency using the staff shall report and seek opinions from the same-level Party Committee and Party Organization regarding the results of the collective leadership meeting. Based on the opinions of the same-level Party Committee and Party Organization, the head of the agency using the staff shall issue a document approving or not approving the implementation of the proposal; in case of approval, the proposal shall be assigned to the proposing staff member or another individual or organization to implement.

Article 9. Evaluation Council

1. The Council consists of five to nine members, including:

a) The Chairman of the Council is the head of the agency using the staff proposing innovation and creativity;

b) The Vice-Chairman of the Council and other members are deputy heads of the agency using the staff, excluding deputies who are the staff proposing innovation and creativity, representatives of relevant specialized agencies and units, experts, and scientists knowledgeable about the industry and field related to the proposal content, including one member serving as the Council's secretary;

c) In case a Council member cannot participate in evaluating the proposal due to objective reasons, the head of the agency using the staff shall decide to replace the member according to points a and b of this clause.

2. The Council operates based on the principle of collective work and majority decision; in case of a tie, the decision follows the opinion of the Chairman of the Council. The Council meeting is recorded in minutes.

3. Within ten days from the establishment of the Council, the Chairman of the Council shall organize a meeting to evaluate the proposal. The proposal plan shall be sent to the Council members at least five working days before the meeting.

4. The Council is responsible for reviewing and evaluating proposals for innovation and creativity in the following aspects:

a) The necessity, purpose, and requirements of the proposal;

b) The scope and subjects of the proposal; the effectiveness and feasibility of the proposal content, the impact of the proposal; the time and resources required to implement the proposal.

5. Within three working days from the end of the Council meeting, the head of the agency using the staff shall report and seek opinions from the same-level Party Committee and Party Organization regarding the results of the Council meeting. Based on the opinions of the same-level Party Committee and Party Organization, the head of the agency using the staff shall issue a document approving or not approving the implementation of the proposal; in case of approval, the proposal shall be assigned to the proposing staff member or another individual or organization to implement.

Chapter III
POLICIES TO ENCOURAGE AND MEASURES TO PROTECT ACTIVE, CREATIVE, DARING STAFF WHO ARE WILLING TO TAKE RESPONSIBILITY FOR THE COMMON GOOD

Article 10. Policy to Encourage Civil Servants

1. Civil servants who propose innovation, individuals and organizations that implement such proposals, agencies and their heads who employ civil servants as prescribed in Clause 1 of Article 5 of this Decree shall be encouraged through the following forms in accordance with relevant laws:

a) Being honored and commended before the agency's collective; being awarded according to the law on commendation for those proposals assessed as completed;

b) Serving as a basis for evaluation prior to classification, appointment, reappointment, planning, transfer, rotation towards prioritizing the deployment and utilization of civil servants with innovative thinking, creative methods, and high effectiveness;

c) Being evaluated as having outstanding achievements in public service activities to consider upgrading rank; being considered for early promotion of salary grade by twelve months ahead of schedule according to the law for those innovative proposals assessed as completed;

d) Being motivated and encouraged through other appropriate forms in accordance with the regulations of the Party and state laws.

2. Civil servants, individuals, and organizations implementing proposals, depending on specific circumstances, may be promptly provided with equipment, working tools, personnel, and funds to ensure the implementation of approved proposals by the employing agency.

Article 11. Measures to Protect Civil Servants

1. Civil servants implementing innovative proposals as prescribed in Point a, Clause 2 of Article 5 of this Decree shall not be subject to responsibility under relevant laws.

2. Civil servants implementing innovative proposals that are not completed or only partially completed but are assessed by the employing agency as having followed policy guidelines, with clear motives for the common good as prescribed in Point b, Clause 2 of Article 5 of this Decree shall be exempted from responsibility under relevant laws.

3. Civil servants implementing innovative proposals that are not completed or only partially completed and causing damage but are assessed by the employing agency as having followed policy guidelines, with clear motives for the common good as prescribed in Point b, Clause 2 of Article 5 of this Decree shall be considered for exemption, waiver, or mitigation of responsibility under relevant laws.

4. Agencies and their heads deciding to allow the implementation of innovative proposals must promptly review and assess the results, clearly identify both subjective and objective reasons, and conduct an objective and comprehensive assessment for cases stipulated in Clauses 1, 2, and 3 of this Article.

Article 12. Measures to Protect Agencies, Organizations, and Individuals

Agencies and their heads deciding to allow the implementation and assessing the results of innovative proposals shall apply the protective measures prescribed in Clauses 1, 2, and 3 of Article 11 of this Decree and in accordance with relevant laws.

Article 13. Handling Violations

1. Agencies, organizations, and individuals committing any of the violations prescribed in Clauses 1, 2, and 5 of Article 6 of this Decree may be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature, severity, and consequences of the violation; if damage is caused, compensation must be made in accordance with the law.

2. Civil servants, individuals, and organizations implementing innovative proposals committing any of the violations prescribed in Clauses 3 and 4 of Article 6 of this Decree shall be subject to legal handling based on the nature, severity, and consequences of the violation.

Chapter IV
RESPONSIBILITIES OF CIVIL SERVANTS AND AGENCIES
IN PROPOSALS AND IMPLEMENTATION OF PROPOSALS

Article 14. Responsibilities of officials proposing innovation and creativity and individuals, organizations implementing such proposals

1. Attend meetings of the leadership collective and the Proposal Evaluation Council to present and express opinions.

2. Lead or coordinate with individuals and organizations assigned tasks to absorb and perfect proposals based on the conclusions of the leadership collective and the Proposal Evaluation Council.

3. Use resources efficiently and economically; take the initiative and coordinate with agencies, organizations, and individuals in organizing the implementation of proposals and addressing any resulting consequences (if any).

4. Report truthfully, fully, and promptly on innovation and creativity proposals, implementation status, advantages, difficulties, and results of the proposals; seek guidance from the agency using officials when encountering issues during the implementation process.

5. Comply with decisions made by the agency using officials.

Article 15. Responsibilities of the agency using officials

1. Timely review and approve innovation and creativity proposals in accordance with Article 8 of this Decree.

2. Respect, encourage, and motivate officials proposing and individuals and organizations implementing proposals. Allocate work reasonably during the time officials, individuals, and organizations implement proposals.

3. Ensure conditions, timely and adequately invest in equipment and working tools; arrange and organize personnel, funding for approved proposals.

4. Implement necessary measures as prescribed by law to protect officials, individuals, and organizations when they encounter obstacles and difficulties during the implementation process and after completing approved innovation and creativity proposals.

5. Regularly direct, guide, monitor, and inspect; promptly resolve and address difficulties and issues regarding mechanisms and resources; consider and adjust appropriately according to actual circumstances; identify and correct any violations (if any); require remediation of any resulting consequences (if any); provide an objective, comprehensive, transparent evaluation of achieved results; conduct periodic mid-term and final reviews; promote communication to create social consensus and replicate effective models and methods.

6. Bear responsibility for approving proposals; for not monitoring and inspecting the implementation process of proposals in a timely manner, or failing to comprehensively and objectively evaluate the implementation of proposals without requiring a temporary suspension or termination of the proposal, leading to losses.

7. Promptly encourage and protect officials who propose innovation and creativity and individuals and organizations implementing such proposals within their authority or propose that the management agency apply encouragement forms and protective measures stipulated in Articles 10 and 11 of this Decree.

8. Annually compile and report to the management agency on the implementation of incentives and protection for dynamic and creative officials as prescribed in this Decree.

9. The agency and its head bear responsibility for storing documents related to innovation and creativity proposals in accordance with laws on archiving.

Article 16. Responsibilities of the Head of the Agency Using Officials

1. Fulfill responsibilities as prescribed in Article 15 of this Decree.

2. Emphasize roles and responsibilities in encouraging and protecting officials proposing and individuals and organizations implementing proposals; refrain from overstepping authority in resolving issues within their jurisdiction during the implementation process.

3. Report in writing to the Party Committee and the same-level Party Organization about any issues arising during the implementation process (if any) and the evaluation of the implementation results.

4. Proactively set directions and create consensus among the leadership collective of the agency in organizing the implementation of proposals.

5. If necessary, based on the assessment results of the leadership collective and the Council, issue within their authority or propose to the competent authority to issue regulatory documents on the content of innovation and creativity proposals.

Article 17. Monitoring and inspecting the implementation of proposals

Clause 1. Agencies and heads of agencies employing officials shall regularly monitor and inspect the implementation of proposals.

Clause 2. Agencies and heads of agencies employing officials have the right to request officials, individuals, and organizations implementing proposals to report directly or in writing on the process and results of proposal implementation.

Clause 3. Based on reviewing reports from officials, individuals, and organizations implementing proposals, agencies and heads of agencies employing officials shall be responsible for evaluating the situation of proposal implementation; resolving proposals, suggestions from officials, individuals, and organizations, and other arising issues (if any).

Clause 4. In cases where agencies and heads of agencies employing officials discover that proposal implementation is not effective, they shall require a temporary halt and conduct inspections and evaluations of the implementation process to decide whether to continue or terminate the proposal implementation.

Article 18. Evaluating the Results of Proposal Implementation

Clause 1. Within five working days from the completion date of innovative and creative proposal implementation, officials, individuals, and organizations implementing proposals shall submit comprehensive and truthful reports on the implementation results in writing to the agencies and heads of agencies employing officials.

Clause 2. For innovative and creative proposals as stipulated in Clause 1 of Article 8 of this Decree, within seven working days from the receipt of the written report from officials, individuals, and organizations implementing proposals regarding the completion of the proposal, the head of the agency employing officials shall convene a collective leadership meeting of the unit (excluding deputy leaders who made the innovative and creative proposals) to evaluate the implementation results of the proposal.

Within three working days from the end of the collective leadership meeting, the head of the agency employing officials shall report and seek opinions from the same-level Party committee and Party organization about the results of the collective leadership meeting. The head of the agency employing officials, based on the opinions of the same-level Party committee and Party organization, shall issue a document recognizing the implementation results of the proposal.

Clause 3. For innovative and creative proposals as stipulated in Clause 2 of Article 8 of this Decree, within five working days from the receipt of the written report from officials, individuals, and organizations implementing proposals, the agencies and heads of agencies employing officials shall organize a meeting of the Council established in accordance with Article 9 of this Decree. The Council shall organize the evaluation of the implementation results of the proposal as follows:

Point a. The Chairman and members of the Council shall be responsible for commenting and evaluating the achievements compared to the initial content of the proposal before implementation; the time and resources organized for implementation; positive and negative impacts of the proposal content (if any); the effectiveness of the proposal when implemented in practice and other contents (if any). The Council meeting shall be recorded in minutes.

Point b. An innovative and creative proposal is considered completed if it receives more than 50% approval votes from Council members. In case of a tie vote, the decision will follow the opinion of the Chairman of the Council.

Point c. Within three working days from the end of the Council meeting, the head of the agency employing officials shall report and seek opinions from the same-level Party committee and Party organization about the results of the Council meeting. The head of the agency employing officials, based on the opinions of the same-level Party committee and Party organization, shall announce the Council's document on the implementation results of the proposal; in cases where the innovative and creative proposal is evaluated as incomplete or only partially achieving its objectives, the reasons must be clearly stated based on the comments and evaluations specified in point a of this clause.

Clause 4. Documents on the results of proposal implementation evaluation issued by the heads of agencies and organizations employing officials, and the Evaluation Council serve as grounds for applying or proposing the competent authority to apply incentives and protective measures for officials, individuals, and organizations implementing proposals and related agencies and organizations in accordance with Articles 10 and 11 of this Decree.

Article 19. Responsibilities of other relevant agencies and organizations

Other relevant agencies and organizations shall cooperate closely within their assigned functions, tasks, and authorities to create favorable conditions for officials, individuals, and organizations to effectively implement proposals.

Chapter V
IMPLEMENTATION

Article 20. Responsibilities of the Ministry of Home Affairs

1. Guide, urge, inspect, and supervise ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees in encouraging and protecting dynamic and creative officials.

2. Advise the Government on commending, publicizing, and rewarding exemplary collectives and individuals who propose and complete innovative and creative initiatives periodically twice every five years and in exceptional cases (if any).

3. Take the lead in summarizing and concluding this Decree according to the Government’s requirements.

Article 21. Responsibilities of ministries, ministerial-level agencies, government-affiliated agencies, and local People's Committees at all levels

1. Implement measures to encourage and protect dynamic and creative officials who dare to think, act, and take responsibility in accordance with their specific roles and authorities.

2. Carry out guidance, urging, and inspection of subordinate agencies and units in encouraging and protecting dynamic and creative officials.

3. Coordinate with related agencies and organizations in encouraging and protecting dynamic and creative officials.

4. Summarize and conclude this Decree within their management scope according to the Government’s requirements.

Article 22. Funding for Encouraging and Protecting Dynamic and Creative Officials

1. Funding for encouraging and protecting dynamic and creative officials and implementing innovation and creativity shall be allocated from state budget funds of administrative agencies and public service units according to current classification, funding from agencies employing officials; and sponsorship funds from domestic and foreign organizations and individuals in accordance with the law.

2. Agencies, organizations, and units specified in this Decree may mobilize resources in accordance with the law to encourage and protect dynamic and creative officials and to organize the implementation of innovation and creativity.

Article 23. Effectiveness of Implementation

This Decree takes effect from the date of issuance.

Article 24. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial-level People's Committees, and related agencies, organizations, and individuals are responsible for enforcing this Decree./.