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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
04/2003/ND-CP
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Hanoi,
January 16, 2003
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DECREE
STIPULATING THE COMMENDATIONS AND/OR REWARDS
FOR INDIVIDUALS, FAMILIES, AGENCIES AND ORGANIZATIONS RECORDING ACHIEVEMENTS IN
DRUG PREVENTION AND COMBAT
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of December 25, 2001;
Pursuant to the Law on Drug Prevention and Combat of December 9, 2000;
At the proposals of the Minister of Public Security and the Minister of
Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. Foreign individuals and
organizations as well as international organizations, that record achievements
in drug prevention and combat on Vietnam’s territory, shall be considered for
commendations and/or rewards according to the provisions of this Decree.
3. Those who secretly
collaborate with the agencies specialized in drug-related crime prevention and
combat and record achievements shall be considered for special commendations
and/or rewards according to the provisions of this Decree.
4. The commendations and/or
rewards for achievement-recording individuals and units under the agencies
functioning to detect, investigate and handle drug-related cases shall comply
with other law provisions.
Article 2.-
1. The commendations and/or
rewards must be made in a democratic, accurate and timely manner, combining
spiritual and material rewards with a view to mobilizing and encouraging
individuals, families, agencies and organizations to participate in the
prevention and combat of drug addiction, drug-related crimes and other illegal
drug-related activities.
2. To pay attention to
commendations and/or rewards for grassroots units, individuals and collectives
operating in key and dangerous domains in drug prevention and combat.
3. Each form of commendations
and/or rewards may be conferred to one subject for several times.
4. An achievement of each
subject shall be considered for commendations and/or rewards only once.
Article 3.-
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2. The State agencies prescribed
in Article 5 and Article 6 of this Decree shall have to consider and decide on
the commendations and/or rewards for achievement-recording subjects according
to relevant law provisions and the provisions of this Decree.
Article 4.- The State agencies,
social organizations and all citizens shall have to coordinate with, and assist
the competent State agencies in detecting and supplying information and
documents related to achievement-recording subjects for the latter to make
commendations and/or rewards therefore in time and in strict accordance with
law provisions.
Chapter II
FORMS, CRITERIA, REGIMES AND COMPETENCE TO CONSIDER COMMENDATIONS AND
REWARDS
Article 5.-
1. The general commendation and
reward forms include:
a) Emulation banners of the
Government, ministries, branches, provinces and centrally-run cities;
b) Diplomas of merit of the
Prime Minister;
c) Diplomas of merit of the
ministers and heads of the central branches;
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e) Certificates of merit of the
presidents of the People’s Committees of rural and urban districts, provincial
towns and cities (hereinafter referred to as the district-level for short);
f) Certificates of merit of the
presidents of the People’s Committees of communes, wards and townships
(hereinafter referred to as the commune-level for short).
2. Apart from the common
commendation and/or reward forms, achievement-recording subjects prescribed in
Clause 3, Article 1 of this Decree, who are secret collaborators of agencies
specialized in drug-related crime prevention and combat under the People’s
Police, the criminal investigation bodies of the People’s Army, Coast Guard
units, Borderguard units and customs offices, shall also be commended and/or
rewarded according to the forms prescribed in Clause 2 of this Article,
including:
a) The certificates of merit of
the General Director of the Police Department, the Borderguard Commander, the
General Director of Customs, the heads of the agencies specialized in
drug-related crime prevention and combat under the Public Security Ministry,
the directors of the provincial-level Public Security Services, the Director of
the Coast Guard Department, the Director of the Scouting Department under
Borderguard Command; the chiefs of the provincial-level borderguard commands,
the directors of the provincial-level Customs Departments, the heads of the
criminal investigation bodies under the People’s Army of the general-department
or higher level;
b) The certificates of merit of
the heads of the district-level police offices;
c) Money rewards.
Article 6.-
1. The specific criteria and
regimes for the commendations and/or rewards in forms prescribed at Point a,
Clause 1, Article 5 of this Decree shall comply with Article 15 and Article 28
of the Government’s Decree No. 56/1998/ND-CP of July 30, 1998.
2. The specific criteria for the
commendations and/or rewards in forms prescribed at Points b, c, d, e and f,
Clause 1, Article 5 of this Decree shall comply with the following:
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b) The diploma of merit of the
heads of ministries and branches is the form of commendations for subjects that
unexpectedly record outstanding achievements or to be granted once a year or
upon the conclusion of a campaign on drug prevention and combat or a review of
good people and good deeds with good impacts within a ministry or branch.
c) The certificate of merit of
the presidents of the provincial-level People’s Committees is the form of
commendations to be granted to subjects recording unexpected achievements or to
be granted once a year or upon the conclusion of a campaign on drug prevention
and combat or a review of good people and good deeds with good impacts within a
province;
d) The certificate of merit of
the presidents of the district-level People’s Committees is the form of
commendations to be granted to subjects recording unexpected achievements or to
be granted once a year or upon the conclusion of a campaign on drug prevention
and combat or a review of good people and good deeds with good impacts within a
district;
e) The certificate of merit of
the presidents of the commune-level People’s Committees is the form of
commendations to be granted to subjects recording unexpected achievements or to
be granted once every year or upon the conclusion of a campaign on drug
prevention and combat or a review of good people and good deeds with good
impacts within a commune;
3. The money rewards prescribed
at Point c, Clause 2, Article 5 of this Decree shall comply with the Prime
Minister’s Decision No. 31/2000/QD-TTg of March 2, 2000 on establishing fund
for drug prevention and combat.
The Minister of Public Security,
the Minister of Defense and the Minister of Finance shall specify subjects,
order and procedures for consideration of commendations and/or rewards and
organize the conferment or posthumous conferment of the commendations and/or
rewards in forms prescribed in Clause 2, Article 5 of this Decree.
Article 7.-
1. Achievement-recording
subjects, apart from being granted the diplomas or certificates of merit as
prescribed in Article 5 of this Decree, shall also be given frames and an
amount of money. The level of money to be given together with the certificates
or diplomas of merit for achievement-recording subjects being individuals shall
be based on the minimum wage level prescribed by State for officials and
employees at the time of consideration for commendations and rewards and
specified as follows:
a) The Prime Minister’s diplomas
of merit shall be given together with an amount of money not exceeding two
months’ minimum wage;
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c) The certificates of merit
prescribed at Points e and f, Clause 1, Article 5 of this Decree shall be given
together with an amount of money not exceeding a half of one month’s minimum
wage.
2. The amounts of money to be
given together with certificates and diplomas of merit for
achievement-recording subjects being families, agencies and organizations shall
double the amounts to be given together with the certificates and diplomas of
merit for individuals prescribed in Clause 1 of this Article.
Chapter III
ORDER, PROCEDURES AND FUNDING FOR COMMENDATIONS AND/OR REWARDS
Article 8.- Dossiers of
application for commendations and/or rewards include: The achievement-recording
subjects’ reports on their achievements; the written proposals of the heads of
the agencies, organizations or administrations where the achievement-recording
subjects reside or work; and opinions of the lower-level agencies (if any).
Article 9.-
1. After receiving the
application dossiers, the heads of the agencies competent to consider the
commendations and/or rewards shall have to set up Commendation and Reward
Councils, comprising of the representatives of the agencies competent to
consider the commendations and reward as heads and representatives of financial
bodies and trade unions (if any) and representatives of the agencies,
organizations or administrations where the achievement-recording subjects
reside or work.
2. The Commendation and Reward Councils
shall have to examine documents included in the dossiers, evaluate the
achievements and suggest and submit the specific commendation and/or reward
forms to the competent authorities for decision. The Commendation and Reward
Councils shall make their conclusions by majority. The minutes of the
Commendation and Reward Councils’ meetings shall be kept in the dossiers of
application for commendations.
3. The heads of the competent
agencies shall consider the application dossiers and the minutes of Commendation
and Reward Councils’ meetings and issue decisions on the commendations and/or
rewards. The commendations and/or rewards shall be announced right after the
decisions thereon are issued by the competent authorities.
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Article 10.- In cases where
individuals, families, agencies and organizations make false declarations on
their achievements in drug prevention and combat for commendations and/or
rewards, the agencies competent to decide on the commendations and/or rewards
shall have the right to annul these commendation forms.
Article 11.- Funding for
commendations and rewards as prescribed in this Decree shall be apportioned
from the central and local funds for drug prevention and combat and reward
funds of the ministries, branches and localities.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 12.- This Decree takes
effect 15 days after its signing.
The Ministry of Public Security
shall have to assume the prime responsibility and coordinate with the concerned
ministries and branches in inspecting and urging the implementation of this
Decree.
Article 13.- The ministers, the
heads of the ministerial-level agencies, the heads of agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
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