The Principles of emulation and commendation of the People's Court in Vietnam

The Principles of emulation and commendation of the People's Court in Vietnam
Nguyễn Thị Diễm My

What are the principles of emulation and commendation of the People's Court in Vietnam? – Thu Minh (Ha Tinh)

The Principles of emulation and commendation of the People's Court in Vietnam

The Principles of emulation and commendation of the People's Court in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. The Principles of Emulation of the People's Court in Vietnam

The principles of Emulation of the People's Court in Vietnam are regulated in Article 4 of Circular 01/2024/TT-TANDTC, including:

- Voluntary, self-motivated, public, transparent, and democratic participation.

- Unity, cooperation, and mutual development.

- The awarding of emulation titles must be based on the movement, work achievements, and standards of emulation titles.

2. The Principles of commendation of the People's Court in Vietnam

The principles of commendation of the People's Court in Vietnam are regulated in Article 5 of Circular 01/2024/TT-TANDTC, including:

- Democratic, accurate, public, transparent, fair, and timely commendation.

- An individual or a group can receive multiple commendations; multiple commendations or forms of commendation should not be given for a single achievement; the level of commendation should correspond to the extent of the achievement.

- Two forms of commendation (including emulation titles) should not be granted to an individual for the same achievement, except in cases of outstanding and exceptional achievements, commendation for dedication, or commendation within the armed forces (if applicable). The results of commendation for exceptional achievements and emulation on specific topics should not be used as a basis for proposing higher-level commendation for merits.

- Ensuring consistency between the nature, form, and object of commendation.

- Combining motivation and encouragement of spirit with material benefits.

- When evaluating annual commendation, it must be based on individual and collective evaluation and ranking results (according to the regulations of the Party, laws on inspection and evaluation of annual quality ratings for individuals and collectives within the political system, and the regulations of the Supreme People's Court).

- Commendation must be based on the achievements obtained. Higher commendation should be given for achievements made under disadvantaged conditions and with significant impact. Only the results of commendation for the final year's achievements should be used as a basis for considering or proposing commendation (the results of commendation for emulation movements on specific topics should be recognized and given priority when considering or proposing higher-level commendation). The achievements previously rewarded should not be accumulated to propose an increase in commendation in the future. Emphasis should be placed on rewarding small collectives and individuals who are directly engaged in labor, work, and combat and have a high level of creativity in their labor and work.

- When considering commendation for the leaders of agencies and units, it must be based on the achievements of the collective led by the individual (the form of commendation for the leader should not be higher than that for the collective led by the individual during the year). If commendations are considered based on the criteria of judges, they should be based on the general criteria of judges in the agency or unit.

- Commendation or higher-level commendation should not be given to individuals or groups during the period when the competent authority is examining disciplinary action or conducting investigations, inspections, or checks when there are signs of violations or when there are complaints, denunciations, or issues of corruption and misconduct that are being verified. In the case of individuals or groups who have been disciplined, after completing the disciplinary period, if they achieve merit, the time for considering commendation should be counted from the completion of the disciplinary period.

- Individuals or groups should not be considered for commendation due to judgments or decisions that have been annulled or amended, but if later the Council of Judges concludes that the annulment or amendment was incorrect, they can be considered for supplementary commendation.

- Commendation should not be considered for groups with officials, public employees, employees, or workers who are disciplined to the level of reprimand or higher or are currently under criminal investigation. Groups with officials, public employees, or employees who have been disciplined with a warning can still be considered for commendation if they meet other conditions and criteria for commendation; the same-level Council for Emulation and Commendation should consider and propose to the head of the agency or unit to decide on the recognition of emulation titles and forms of commendation according to their authority.

- For females holding leading positions, the period of holding the position for the purpose of considering commendation for dedication is reduced by one-third compared to the general regulations (if the retirement age is higher, the period of holding the position for the purpose of considering commendation for dedication is carried out according to the general regulations). When there are multiple individuals or groups with the same conditions and criteria for a form of commendation, priority should be given to female individuals or groups with a higher proportion of women.

- The time for proposing commendation for the next time is counted from the time the achievement was recorded in the previous reward decision. If the time of achieving the recorded result is not mentioned in the reward decision, the time for proposing rewards for the next time is counted from the time of issuing the previous reward decision.

- The level that is responsible for launching the emulation, when summarizing and selecting typical cases, should reward or submit to the higher level for commendation (in cases of outstanding, exemplary achievements, or wider-scale impacts).

- In cases where the number of individuals or groups is calculated as a decimal, it should be rounded: Below 0.5 is counted as 0, while 0.5 and above are counted as 1.

Circular 01/2024/TT-TANDTC comes into force from June 11, 2024.

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