Decree No. 98/2014/NĐ-CP on the establishment of political organizations and political-social organizations at enterprises of all economic sectors.

DECREE

Regulations on the establishment of political organizations and political-social organizations

in enterprises of all economic sectors

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

Pursuant to the Enterprise Law dated November 29, 2005;

Based on the Investment Law dated November 29, 2005;

Pursuant to the Labor Code dated June 8, 2012;

Pursuant to the Trade Union Law 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 War Veterans dated October 18, 2005;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree prescribing the establishment of political organizations and political-social organizations in enterprises of all economic sectors.

Article 1. Scope of Regulation

This Decree prescribes the establishment of the Communist Party of Vietnam organization (hereinafter referred to as the Party organization); political-social organizations (including the Vietnam General Confederation of Labor, the Ho Chi Minh Communist Youth Union, and the Vietnam Association of War Invalids and Families) in enterprises of all economic sectors; the responsibilities of agencies, organizations, and enterprises in creating conditions for workers who have the need or desire to establish and participate in activities at these organizations when they meet the prescribed conditions.

Article 2. Applicability

1. Limited liability companies, joint-stock companies, partnerships, and private enterprises, including limited liability companies and joint-stock companies converted from state-owned enterprises, enterprises of the Party and other political-social organizations, and enterprises with foreign investment.

2. Enterprises with foreign investment that have not re-registered pursuant to Decree No. 101/2006/NĐ-CP dated September 21, 2006 of the Government on re-registration, conversion, and registration of change of Investment Certificate for foreign-invested enterprises under the Law on Enterprises and the Law on Investment.

3. Cooperatives.

4. Managers and workers in the types of enterprises mentioned in Clause 1, Clause 2, and Clause 3 of this Article.

The objects mentioned in Clause 1, Clause 2, and Clause 3 of this Article are collectively referred to as enterprises of all economic sectors.

Article 3. Principles and Conditions for Establishment

1. Political organizations in enterprises operate within the framework of the Constitution, laws, and according to the Party Charter and the Charters of political-social organizations, and in accordance with the provisions of the law.

2. Establishing political organizations in enterprises of all economic sectors when there are sufficient numbers of workers who are members of the Party, the Youth Union, and the War Veterans' Association as prescribed by law and the Charters of these organizations.

3. Workers in enterprises who have the need or desire to participate in activities shall be guided by the Party's grassroots-level Party Committee and political-social organizations to establish political organizations in enterprises.

4. Enterprises have the obligation to respect and create favorable conditions for workers to establish and participate in activities in political organizations in enterprises.

Article 4. Provisions on the Establishment of Party Organizations in Enterprises

An enterprise with three or more regular Party members meeting the conditions prescribed by the Charter of the Communist Party of Vietnam may establish a Party organization as follows:

1. Enterprise already has a Party organization: The Party organization in the enterprise reviews the number of workers who are Party members working steadily for at least twelve months in the enterprise and currently participating in Party activities elsewhere, and requests the higher-level Party Committee to transfer those Party members to participate in Party activities at the enterprise's Party organization.

2. Enterprise does not yet have a Party organization: The grassroots-level Party Committee where the enterprise operates reviews and transfers regular Party members working steadily for at least twelve months in the enterprise and currently participating in Party activities elsewhere to the higher-level Party organization, coordinates with the enterprise to complete the procedures for establishing a Party organization in the enterprise.

3. Enterprise only has one or two regular Party members: The higher-level Party Committee transfers those Party members to the higher-level Party organization, decides to establish a combined branch or assigns Party members from the higher-level Party organization to participate in activities and establish a Party organization in the enterprise; the combined branch is responsible for implementing Party development work in the enterprise, and when there are three regular Party members working together in the enterprise, the higher-level Party Committee decides to establish a Party organization in the enterprise.

4. Enterprise does not have any Party member: The higher-level Party Committee directs the grassroots-level Party Committee where the enterprise is located to assign a Party Committee member or experienced Party member to cooperate with political-social organizations in the enterprise to identify, nurture potential candidates, and recruit Party members; when the conditions stipulated in the Charter of the Communist Party of Vietnam are met, the higher-level Party Committee decides to establish a Party organization in the enterprise.

Article 5. Provisions on the establishment of political and social organizations in enterprises

1. Trade Union Organization

a) An enterprise with five or more trade union members, or workers who voluntarily join the Vietnam General Confederation of Labor, shall establish a trade union organization in accordance with the provisions of the Labor Law, the Trade Union Law, and the Charter of the Vietnam General Confederation of Labor.

b) Within six months from the date the enterprise is established and begins operations, the local trade union, industry trade union, industrial park trade union, export processing zone trade union shall cooperate with the enterprise to establish a trade union organization in accordance with the provisions of the Labor Code, the Trade Union Law, and the Charter of the Vietnam General Confederation of Labor to represent and protect the legitimate rights and interests of workers and worker collectives.

c) After the period specified in Point b Clause 1 of this Article, if the enterprise has not established a trade union organization, the higher-level trade union has the right to designate a temporary Trade Union Executive Board of the enterprise to represent and protect the legitimate rights and interests of workers and worker collectives.

2. Youth Union Organization, Veterans' Organization

a) For enterprises with a grassroots Party organization, Youth Union, and Veterans' Organization, these organizations shall cooperate with the enterprise's Party organization based on the specific conditions of each enterprise as stipulated in Article 2 of this Decree to establish a Youth Union and Veterans' Organization in the enterprise.

b) For enterprises without a Party organization, based on the provisions of the law, the Youth Law, the Veterans' Ordinance, and the charters of these organizations, if workers have a need or desire to establish such organizations, the higher-level Party organization shall cooperate with the enterprise and the higher-level Youth Union and Veterans' Organization to consider and decide on establishing them in accordance with the specific conditions of each enterprise as stipulated in Article 2 of this Decree.

Article 6. Responsibilities of State Management Agencies

1. State management agencies have the responsibility to assist, coordinate, and create favorable conditions for enterprises to establish Party organizations and political and social organizations in enterprises in accordance with the law; regularly inspect and urge the implementation of this Decree.

2. Expenses supported by enterprises for Party organizations and political and social organizations to serve their activities shall be considered deductible expenses when determining corporate income tax in accordance with the law.

Article 7. Responsibilities of Party Organizations and Political and Social Organizations

Higher-level Party organizations and political and social organizations where the enterprise's main office is located have the responsibility to:

1. Guide and assist enterprises that have not yet established Party organizations and political and social organizations to complete the establishment procedures when they meet the conditions prescribed by the law and the charters of these organizations.

2. Inspect and urge the establishment of Party organizations and political and social organizations in enterprises to represent and protect the legitimate rights and interests of workers and contribute to sustainable enterprise development.

Article 8. Responsibilities of Enterprises

Enterprises have the responsibility to cooperate with state management agencies, higher-level Party organizations, and political and social organizations where the enterprise's main office is located to implement:

1. Respect, create favorable conditions, and ensure the rights of workers to establish Party organizations and political and social organizations in enterprises in accordance with the law and the charters of these organizations.

2. Cooperate and create favorable conditions for higher-level Party organizations and political and social organizations to publicize, disseminate, and guide workers to participate in establishing organizations suitable to the operational and developmental conditions of the enterprise.

3. Create favorable conditions and cooperate with established Party organizations and political and social organizations in the enterprise to promptly address issues related to the rights, obligations, and legitimate interests of workers.

Article 9. Implementation Organization

1. Based on the principles, conditions, and provisions of Articles 3, 4, and 5 of this Decree, agencies, organizations, enterprises, and workers shall cooperate to establish Party organizations and political and social organizations in enterprises of all economic sectors.

2. For private enterprises and enterprises with foreign investment, which still face difficulties in establishing Party organizations and political and social organizations, from 2014 to 2016, the Ministry of Home Affairs shall take the lead, in coordination with relevant ministries, central and local mass organizations, and related agencies, to organize pilot programs in some centrally-administered provinces and cities, then conduct mid-term evaluations and draw lessons for nationwide expansion.

3. Annually, provincial People's Committees shall work with Party organizations and political and social organizations at the same level to review and evaluate the situation of establishing Party organizations and political and social organizations in enterprises within the province; propose and recommend solutions to competent authorities regarding issues arising from the establishment of Party organizations and political and social organizations in enterprises of all economic sectors.

4. The Ministry of Finance shall be responsible for guiding the implementation of Clause 2 of Article 6 of this Decree.

5. Before November 15th each year, provincial People's Committees shall submit reports on the results of establishing Party organizations and political and social organizations in enterprises of all economic sectors to the Ministry of Home Affairs for consolidation and reporting to the Prime Minister. The Ministry of Home Affairs shall take the lead, in coordination with the Central Organization Department, to work with the Central Party Committee for Enterprises and central political and social organizations to assess the situation of establishing Party organizations and political and social organizations in enterprises of all economic sectors, and promptly propose and recommend solutions to emerging issues.

6. Five years after the implementation of this Decree, the Government shall organize a mid-term evaluation of its implementation results.

Article 10. Effective Date

This Decree takes effect from December 10, 2014.

Article 11. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and municipal People's Committees directly under the central government, and related agencies, organizations, units, and enterprises are responsible for implementing this Decree./.