OFFICIALS PROPOSING AND IMPLEMENTING INNOVATIONS MAY BE EXEMPT FROM LEGAL LIABILITY

OFFICIALS PROPOSING AND IMPLEMENTING INNOVATIONS MAY BE EXEMPT FROM LEGAL LIABILITY

2023-10-06 15:42:17 1086

Innovation and creativity are two important foundations that create a driving force for the socio-economic development of our country. However, practice has proven that innovation and creativity need specific mechanisms and policies to encourage and promote their role. In order to achieve the above goal, on September 29, 2023, the Government issued Decree 73/2023/ND-CP on encouraging and protecting dynamic, creative, dare to think, dare to do, dare to take responsibility for the common good ("Decree 73"). From the ATA point of view, Decree 73 is a breakthrough, representing an important change in thinking and development perspective. Here are the  main contents mentioned by Decree 73, specifically:

1. Who is encouraged and protected?

Decree 73 clearly defines dynamic, creative, dare to think, dare to do, dare to take responsibility as cadres, leading civil servants, managers, managerial officials, title holders, positions and representatives of state capital at enterprises with innovative and creative thinking,  dare to do, dare to take responsibility in the process of performing assigned tasks, stemming from the requirements and urgent requirements of practice in order to remove and solve bottlenecks and bottlenecks in mechanisms and policies not specified in legal documents of the Government,  The Prime Minister, ministries, ministerial-level agencies, and localities, bringing practical values and effects, creating strong changes, contributing positively to the common development ("Dynamic and Creative Cadres") are encouraged and protected by the State.

2. Conditions for applying the policy to protect dynamic and creative cadres

2.1. Conditions for  contents proposed for innovation and creativity:

a. Being able to remove and solve bottlenecks and bottlenecks in mechanisms and policies not specified in legal documents and effectively solve proposed problems;

b. For the common benefit and bringing about the common development of the country, localities, agencies, and units;

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

d. Promote decentralization and decentralization in state management, reform of administrative procedures and information technology application.

2.2. Conditions on  the results of the implementation of the proposal

a. To implement the proposal assessed as completed by the agency employing the officer;

b. The implementation of the proposal fails to complete or only partially completes the set objectives, causing damage but is considered and assessed by the agency employing officials to have complied with the guidelines, with pure motives and for the common good.

3. Policies to encourage dynamic and creative staff

Creative Dynamic Officers, agencies, and heads of agencies employing cadres will apply the following incentive policies:

a. Commend, commend, and reward proposals that are assessed as completed;

b. To be used as a basis for assessment before classification, appointment, reappointment, planning, mobilization and rotation in the direction of prioritizing the placement and employment of staff with innovative thinking, creative and highly effective ways of doing things;

c. Being assessed as having excellent achievements in civil service activities for consideration for promotion to civil servant rank; be considered for salary upgrade 12 months before the deadline for innovative and creative proposals that are assessed as completed;

d. To be encouraged and encouraged in other forms in accordance with regulations.

4. Policies to protect dynamic and creative staff

a. Active and creative staff whose proposals are assessed as completed: not to be handled responsibly.

b. Dynamic and creative officers who do not complete or only partially complete the set objectives but evaluate that they have implemented the guidelines, and have pure motives, for the common good: to be excluded from responsibility.

c. Dynamic and creative cadres who fail to complete or only partially complete the set objectives and cause damage but are assessed to have complied with the guidelines, have pure motives and are for the common good: are considered for exclusion, exemption, or mitigation.

Decree 73 takes effect from September 29, 2023./.

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