Decree 98/2014/nd-Cp: Regulating The Establishment Of Political Organizations, The Social-Political Organization In Businesses Of All Economic Sectors

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

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The DECREE stipulates the establishment of political organizations, the social-political organization in businesses of all economic sectors _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of business on November 29, 2005;
Pursuant to the law on investment of 29 November 2005;
The labor code base on 08 June 2012;
Pursuant to the law the Union on June 20, 2012;
Pursuant to the law on cooperatives, 11 20th, 2012;
Pursuant to the law on youth of 29 November 2005;
French veteran command base on October 18, 2005;
According to the recommendation of the Minister of the Interior, the Government issued Decree regulated the establishment of political organizations, the social-political organization in businesses of all economic sectors.
Article 1. Scope this Regulation Decree established the Communist Party of Vietnam Organization (hereafter abbreviated as party organizations); the social-political organizations (including the Vietnam Trade Union, the Communist Youth Union Ho Chi Minh, Vietnam Veterans Association) in businesses of all economic sectors; the responsibility of agencies, organizations, businesses in creating conditions to workers in need, or the desire to be established and active participants in the organization when eligible according to the rules.
Article 2. Application object 1. Limited liability companies, joint stock companies, partnerships and private enterprises, including limited liability companies, joint stock companies are switching from 100% state capital business, the business of party organizations and of the socio-political organizations, the enterprises invested by foreign investors.
2. enterprises invested by foreign investors who are not registered under Decree No. 103/2006/ND-CP dated 21 September 2006 from the Government regulation on the registration, conversion and change of registered investment certificates of the enterprises with foreign investment under the provisions of the Investment Law and Business Law.
3. Cooperative.
4. business managers and employees in the business stated in item 1, item 2, paragraph 3 of this Article.
The object referred to in paragraph 1, item 2 and Item 3 of this Thing called businesses of all economic sectors.
Article 3. Principles, established conditions 1. Party organizations, the social-political organization in active business in the framework of the Constitution, the law and according to the party Charter, the Charter of the social-political organizations and in accordance with the provisions of the law.
2. the establishment of party organizations, the social-political organization in the businesses of all economic sectors when there are enough people are party members, Labor Union members, members under the provisions of the laws and regulations of that organization.
3. Workers in the business need, or the desire to participate, be granted party Standing Committee on institutions, social-political organizations issued on guidelines established party organizations, the social-political organization in the business.
4. The enterprise has the obligation to respect, to create favorable conditions to workers established and active participants in the Organization of the party, the social-political organization in the business.
Article 4. The regulations establish party organizations in the enterprise business from 3 employees is the official party members over qualified established party organizations under the provisions of the Statute of the Communist Party of Vietnam, the establishment and operation is done as follows: 1. The enterprise has the party organization : Party organizations in enterprises of the workers party is working stable from 12 months and over in party activities are business elsewhere and suggested the level of party committees at levels on transfer of workers is that party members about the activities of the party organization in the business.
2. The enterprise is not yet organized party: party committees at Levels on the basis of the place of business of your conduct when there is enough from 3 employees is the official party members are working steadily from 12 months or more in the business are the party activities elsewhere, conducting wire that party members about the party organization on the basis of , in collaboration with the business procedures established party organizations in enterprises.
3. enterprises only have 1 or 2 employees as the official party members, party committees at levels based on the transfer of labor is that party members about the superior party organization, decided to establish branch or assigned member of the party organization on the basis of activities and establishment of party organizations in enterprises; genus the graft is responsible for the development of the party in the business, when there's enough 3 workers is the official party members working in the same enterprise-level Party Committee, on the basis of the decision to establish the party organizations in enterprises.
4. Business-yet there is labor party members, party committees at levels based on the direction of the party committees at the grassroots level where the enterprises are located, the assigned Commissioner level, party members have experience in coordination with the social-political organization in business, fostering resource , party membership enrollment, when eligible under the provisions of the Charter of the Communist Party Committee of the Communist Party of Vietnam, issued on the basis of the decision to establish the party organizations in enterprises.
Article 5. The regulation established the social-political organization in business 1. Union organizations a) business from 5 members or employees, unions have voluntarily joined the Vietnam Trade Union, eligible union organizations established under the provisions of the law on trade unions and the Vietnam Trade Union Charter.
b) at the latest after six months from the date the business was established and in operation, local unions, the unions, the Union of industrial zones, export processing zones with established businesses union organizations under the provisions of the labour law, Trade Union Law and the Charter of Union representative to Vietnam , protect the legitimate rights and interests, of workers, the labor collective.
c) after the period specified in point b of Paragraph 1 of this article, if the business has not yet established trade union organizations, Union level above has the right to appoint the provisional Trade Union Committee of the enterprise to represent, defend the rights and legitimate interests, legitimate workers, the labor collective.
2. Youth League organization, a veterans organization) for business have party organizations, youth organizations, Veterans ' organization level on the base along with the party organizations in enterprises based on the specific conditions of each of the enterprises referred to in article 2 of this Decree in collaboration with established businesses and youth organization held veterans in business career.
b) for business not have party organizations, pursuant to the provisions of the law, Youth Law, Ordinance on veterans and the Charter of the Organization, employees in need, or the desire to establish the party organization on the basis of cooperation with enterprises and youth organizations the Veterans organization, granted on the basis of the review, the decision established by the business referred to in article 2 of this Decree.
Article 6. The responsibilities of the State administration bodies 1. State regulators have a responsibility to help, coordination, facilitating the establishment of the enterprise party organizations, the social-political organization in the enterprise in accordance with the law; check regularly, urging the implementation of this Decree.
2. The expenses of the business support organization for the Communist Party, the social-political organization to service operations are counted as expenses are deducted in determining income under the corporate income tax according to the provisions of the law.
Article 7. The responsibility of the party organizations, the social-political organization of the party organizations, the social-political organization on the upper level where the closed business headquarters is responsible for: 1. Guide to help businesses not yet established party organizations, the social-political organizations perform the procedures established as eligible under the provisions of the laws and regulations of that organization.
2. test, urging the establishment of party organizations, the social-political organization in the enterprise to represent, defend the rights and legitimate interests, legitimate workers, contributing to the sustainable development of enterprises.
Article 8. The responsibilities of business enterprises are responsible for coordination with state management bodies, organised party, the social-political organization on the upper level where the main headquarters business done: 1. Respect, facilitate and ensure the right to establish party organizations, the social-political organization of the workers in the enterprise according to the provisions of the law , Charter of the organization.
2. Coordinate and create conditions conducive to organizing the party, the political organization of the superior social advocacy, dissemination and guide workers to join established organizations consistent with operational conditions and business development.
3. Create favorable conditions, in cooperation with the Organization of the Democratic Party, the social-political organization that was established in the business timely solving the problems related to the rights, obligations and legal interests, of legitimate workers.
Article 9. Implementation 1. The base rules, terms and conditions specified in article 3, article 4 and article 5 of this Decree, agencies, organizations, businesses and workers to coordinating conduct established party organizations, the social-political organization in businesses of all economic sectors.
2. for private enterprises, the enterprises invested by foreign investors also have difficulty in the establishment of party organizations, the social-political organization in the business during the period from 2014-2016 delivery of Ministry of Interior, in coordination with the ministries and departments , mass at Central, local and relevant agencies held as in some provinces and cities under central, then held preliminary reviews, draw experience to replicate in both countries.

3. Periodically, the provincial people's Committee worked with the party organization, the social-political organizations of the same level to review, evaluate the situation established party organizations, the social-political organization in the business in the province; suggestions and recommendations to the competent authorities the problems arising in relation to the establishment of party organizations, the social-political organization in businesses of all economic sectors.
4. The Ministry of finance is responsible for guiding implementation of item 2 article 6 of this Decree.
5. Each year before 15 November, the provincial people's Committee has the responsibility to send report results established party organizations, the social-political organization in businesses of all economic sectors on the Interior Ministry to report from the Prime Minister. The Ministry of Interior, in coordination with the Central Organization Committee working with the Party Committee central business blocks, the socio-political organizations at central reviews the situation established party organizations, the social-political organization in businesses of all economic sectors, promptly proposed recommendations the issue involved.
6. After 5 years of implementation of the Organization, government organization chaired preliminary reviews of the results of this Decree.
Article 10. Effective enforcement of this Decree in effect enforced since December 10, 2014.
Article 11. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, agencies, organizations, units, the relevant business is responsible for the implementation of this Decree.