THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.: 98/2014/ND-CP
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Hanoi, October
24, 2014
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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;
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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
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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.
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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.
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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:
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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.
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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./.
PP THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung