Nghị định 98/2014/NĐ-CP về việc thành lập tổ chức chính trị, các tổ chức chính trị - xã hội tại doanh nghiệp thuộc mọi thành phần kinh tế

DECREE

DECISION ABOUT ESTABLISHMENT OF INTRAMURAL POLITICAL ORGANIZATIONS, SOCIO-POLITICAL ORGANIZATIONS IN ENTERPRISES OF ALL ECONOMIC SECTORS

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

Pursuant to the Law on enterprises dated November 29, 2005;

Pursuant to the Law on investment dated November 29, 2005;

Pursuant to the Labor Code dated June 08, 2012;

Pursuant to the Law on trade union dated June 20, 2012;

Pursuant to the Law on Cooperatives dated November 20, 2012;

Pursuant to the Law on youth dated November 29, 2005;

Pursuant to the Ordinance on veterans dated October 18, 2005;

At the proposal of the Minister of Home Affairs

The Government has promulgated regulations on the establishment of political organizations, socio-political organizations in enterprises of all economic sectors.

Article 1. Governing scope

This decree regulates the establishment of Vietnam's Communist Party’s organizations (hereinafter referred to as communist organizations); socio-political organizations (including Vietnam Trade Union, Communist Youth Union of Ho Chi Minh City, Vietnam’s Veteran Association) in enterprises of all economic sectors; responsibilities of agencies, organizations and enterprises for creating favorable conditions for laborers to have demand or expectation to establish their operation in such organizations when meeting all the conditions under the regulations.

Article 2. Regulated entities

1. Limited liability companies, joint-stock companies, partnerships and private enterprises, including limited liability companies, joint-stock companies converted from 100%-state-owned enterprises, enterprises of communist organizations and socio-political organizations, foreign invested enterprises.

2. Foreign invested enterprises that do not make re-registration according to the Government’s Decree No.101/2006/ND-CP dated September 21, 2006 on re-registration, conversion and registration for change of Investment certificate with respect to foreign-invested enterprises under the provisions of the Law on enterprises and the Law on investment.

3. Cooperatives

4. Executive officers and workers of the enterprises mentioned in Clause 1, Clause 2, and Clause 3 hereof.

Entities stated in Clause 1, 2, and 3 hereof are commonly called enterprises of all economic sectors

Article 3. Principles and conditions for establishment of intramural organizations

1. Intramural Communist organizations, intramural socio-political organizations of enterprises operating within the framework of Constitution, legislation and Communist Party’s statutes, statutes of socio-political organizations and in accordance with the provisions of law.

2. Communist organizations, socio-political organizations in enterprises of all economic sectors are established when the number of workers as Communist party members, trade unionists, or members is sufficient according to the provisions of the law and Statute of such organizations.

3. Enterprises' workers that wish to get involved shall be instructed by executive committees of the party, socio-political organizations to establish intramural communist organizations, socio-political organizations in enterprises.

4. Enterprises must enable workers to form and participate in communist organizations, socio-political organizations in enterprises.

Article 4. Regulations on establishment of communist organizations at enterprises

Enterprises having at least three workers as official communist party members, meeting conditions for the establishment of communist organizations according to the regulations of Vietnam’s Communist Party. Establishment and operation shall be implemented as follows:

1. In case the enterprise already has an intramural Communist organization: Communist organization in the enterprise shall check the number of workers as communist party members who have stable jobs at the enterprise for a year and over and participate in communist activities elsewhere and send proposal to executive committees of higher level for transferring such workers as communist party members back to the enterprise’s Communist Organization.

2. Enterprises with no Communist Organization formed: the intramural executive committees where the enterprise is headquartered shall carry out checking if there are at least three workers as official communist party members having stable jobs at the enterprise and joining communist activities elsewhere, and transfer such members back to higher communist organization back to the enterprise’s intramural communist organization, collaborate with enterprises on carrying out procedures of forming the enterprise’s Communist Organization.

3. As for enterprises with one or two workers being official communist party members, the intramural executive committees shall transfer such party members back to the intramural communist organization, decide establishment of joined cells or assign communist party members of the intramural communist organization to take part or form the enterprise’s communist organization. When number of workers as official communist party members working in the same enterprise reaches 3 persons, the intramural executive committees shall decide the establishment of the enterprise’s Communist Organization.

4. As for enterprises with no workers as communist party members, the intramural executive committees where the enterprise is headquartered, shall assign experienced executive members, communist party members to collaborate with socio-political organizations at the enterprises on finding, training, and creating human sources for admission to the party when criteria are met under the provisions of the Statute of the Vietnam’s Communist Party,

Article 5. Regulations on establishment of socio-political organizations in enterprises

1. Trade Union Organization

a) Enterprises with at least five trade unionists and over, or laborers handing in volunteer application form to join the Trade Union of Vietnam, meeting conditions to form a trade union organization according to the Law on trade union and Regulation of the Trade Union of Vietnam.

b) After six months at the latest since the enterprise is formed and come into practice, local trade unions, trade unions of industry, trade unions of industrial zones, processing and exporting zones must collaborate with the enterprise on forming the trade union organization according to the provisions of the Labor Code, the Law on trade union and Regulation of Vietnam Trade Union

c) After the period as set out in Point b, Clause 1 hereof, if the enterprise is yet to form the trade union organization, the superior trade union authority has the right to establish an Interim executive board of Trade Union of the enterprise to represent and protect lawful rights and interests of laborers and working collectives.

2. Communist Youth Union Organization, Veterans Organization

a) For enterprises formed with communist organizations, the Communist Youth Union Organization, Veterans Organization along with the enterprise’s communist organization shall rely on particular conditions of individual enterprises as set out in Clause 2 of this Decree to collaborate with the enterprise on forming the Communist Youth Union Organization and the Veterans Organization at the enterprise.

b) For enterprises without an intramural Communist Organization, based on the provisions of the Law on youth, Ordinance on veterans and Statute of such organizations, if workers wish to form a communist organization, the intramural communist organization shall collaborate with the enterprise, Communist Youth Union Organization, Veterans Organization to consider and decide the establishment in accordance with individual enterprises as set out in Article 2 hereof.

Article 6. Responsibilities of regulatory bodies

1. State management agencies shall be responsible for helping, collaborating and creating favorable conditions for the enterprise to form a Communist Organization and socio-political organizations according to the provisions of law; regularly examine and speed up the execution of this Decree.

2. The enterprise’ expenditures as aid to communist organizations, socio-political organizations for serving their operation shall be calculated as deductions upon determination of taxable income, business income according to the provisions of law.

Article 7. Responsibilities of a Communist Organization and socio-political organizations

Communist organizations and socio-political organizations at higher level where the enterprise is headquartered shall be responsible for:

1. Guiding and helping enterprises that are yet to form a Communist Organization, socio-political organizations, to fulfill procedures of establishment when all conditions are met under the provision of law and Statute of such organizations.

2. Examining, speeding up the establishment of a Communist Organization, socio-political organizations at the enterprise to represent and protect lawful rights and interests of laborers, contributing to the sustainable growth of the enterprise.

Article 8. Responsibilities of enterprises

The enterprise shall be responsible for collaborating with regulatory bodies, communist organizations, socio-political organizations at higher level where the enterprise is headquartered on:

1. Respecting, creating favorable conditions and guarantee laborers' rights to the establishment of communist organizations, socio-political organizations at the enterprise according to the provisions of law and Statute of such organizations.

2. Collaborating and creating favorable conditions for communist organizations, socio-political organizations at higher level to propagate, disseminate and instruct laborers to take part in the establishment of the organizations in accordance with operational conditions of the business.

3. Creating favorable conditions, collaborating with communist organizations, socio-political organizations already formed at the enterprise on punctually handling problems in connection with lawful rights and interests of laborers.

Article 9. Implementation

1. Based on principles, conditions and provisions set out in Clauses 3, 4, and 5 of this Decree, agencies, organizations, enterprises and laborers shall coordinate the establishment of communist organizations, socio-political organizations at enterprises of all economic sectors.

2. For private enterprises, foreign invested enterprises which still face difficulties in the establishment of communist organizations, socio-political organizations, in the period from 2014-2016, the Ministry of Home Affairs shall be appointed for leading and collaborating with ministries, departments, industries, central and local unions and relevant agencies on carrying out experiment in a number of provinces and cities under the Center, then executing assessment, learning experience and putting it into practice on a national scale. 

3. Annually, provincial People’s Committees shall work with communist organizations, socio-political organizations at the same level to review and assess the establishment of communist organizations, socio-political organizations at the enterprise; propose to competent agencies the problems relating to the establishment of communist organizations, socio-political organizations at enterprises of all economic sectors.

4. The Ministry of Finance shall be responsible for guiding the execution of Clause 2, Article 6 hereof

5. Before November 15 annually, provincial People’s Committees shall be responsible for reporting the establishment of communist organizations, socio-political organizations at enterprises of all economic sectors to the Ministry of Home Affairs for compilation and reporting to the Prime Minister. The Ministry of Home Affairs shall lead the collaboration with the Central Organization commission, the Party Committee of central enterprises, central socio-political organizations on assessing the establishment of communist organizations, socio-political organizations at enterprises of all economic sectors, punctually propose potential problems.

6. After five years of implementation, the Government shall lead and organize the assessment of performance of this Decree.

Article 10. Effect

This Decree shall come to force since December 10, 2014

Article 11. Responsibilities for execution

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces, relevant agencies, organizations, units and enterprises shall be responsible for executing this Decree./.