Procedures for transferring party organization with party members in Vietnam

Procedures for transferring party organization with party members in Vietnam (Image from the Internet)

Regarding this issue, LawNet responded as follows:

1. Procedures for transferring party organizations with party members in Vietnam

Procedures for transferring party organizations with party members according to Instructiion 01-HD/TW in 2021 are as follows:

* Change official party organization:

- In Vietnam:

+ Party members who have been decided by the competent authority to move to another unit, retire, take a leave of absence, serve, or change their permanent residence; Party members on business trips are seconded and reinforced for communes in border areas and islands (for border guards);

Or come to work under an indefinite term labor contract or a definite term labor contract from 12 months to 36 months in agencies, enterprises, non-business units, and mass associations, the transfer of party organization shall be resolved as follows:

++ In places where party organizations are organized: Transfer official party organizations to grassroots party organizations where party members come to work or permanently reside.

++ In places where there is no party organization: If an agency, enterprise, or non-business unit is too far away from where a party member permanently resides, he/she may transfer official party organization to the party committee where the party member temporarily resides. In case a party member comes to work near his/her permanent place of residence, the party member will still live in the old party committee.

+ Party members who are students, graduates from domestic schools but have no place to work or where there is no party organization, then:

The school's Party Committee may let the party member live in the school's party committee for 12 months (or transfer the party organization to the party organization where the party resides at the request of the party member).
Past this time limit, the party members will be introduced to transfer the official party organization to the party committee where they reside.

- Going abroad and returning from abroad:

For party members who are sent to work, study, or work, and are approved by competent authorities to visit relatives abroad for 12 months or more if there is no party organization there, the transfer of party organization shall be handled as follows:

+ Party members traveling alone, the Party Committee of the Ministry of Foreign Affairs directly guides the party organization.

When party members from abroad return, they must have a self-criticism while abroad (on preserving party membership, performing assigned tasks, etc.), certified by the party organization or our representative agency in the host country; in other cases, they shall comply with the guidance of the Party Committee of the Ministry of Foreign Affairs.

+ If a party member goes abroad to form a union with 3 or more official party members, the Party Committee of the Ministry of Foreign Affairs shall issue a decision to establish a party cell, appoint a branch committee, a secretary, and a deputy secretary, and assign tasks to the cell while abroad.

When the party members return, the branch committee comments on the party member's review for the Party Committee of the Ministry of Foreign Affairs to consider and introduce party organizations to party members about party organizations in the country.

* Temporary change of party organization:

The temporary transfer of party organization shall be carried out in the following cases:

- In Vietnam:

Party members go on a business trip, study, work (including seconding work), make a contract, and change their place of residence in the country; Party members who are officials and employees of enterprises and members of cooperatives, because they have no work, must return to their places of residence to rest and wait for work... for a period from 3 months to less than 12 months;

Party members are sent to study at domestic training institutions for 3–24 months, then return to their old units.

- Oversea:

For party members who go on business, study, labor, receive medical treatment, visit relatives abroad, etc. (permitted by competent state agencies) for 3 months to less than 12 months, and then return to the country, the Party Committee of the Ministry of Foreign Affairs shall guide the procedure for the temporary transfer of party organization.

2. Responsibilities of Party members and Party committees for changing party organization in Vietnam 

The responsibilities of party members and committees regarding the transfer of party organization according to Instructiion 01-HD/TW in 2021 are as follows:

- For party members:

+ Party members must present decisions or documents of competent authorities for job transfer, change of residence, and self-criticism on the advantages and disadvantages of performing Party member's duties within one year before the time of transferring party organization. They must also report to the branch committee or branch to carry out procedures for transferring official party organization or temporary party organization to the new party committee.

+ Party members must keep records of changing party organizations. If they lose their introduction to party organization and documents, they must immediately report them to the Party Committee where the previous procedures have been carried out (clearly stating the reason for the loss and the certification of the police of the commune, ward, district, etc., where the record is lost) for the Party Committee to consider and introduce to the grassroots committee where the party is moving to review, recreate the party member's profile, and redo the procedures for transferring party organization.

- For grassroots committees:

+ Party committees and branches directly carry out the procedures for introducing and commenting on the review of party members and assigning the party secretary or deputy secretary to sign a paper introducing the party organization.

+ Grassroots Party Committees, branch committees, and grassroots branches directly carry out the introduction procedures; comment and affix the certification stamp on the party member's review; consider re-granting and transferring party organization for party members who have lost their records; manage the book of introduction to party organization; the secretaries, deputy secretaries, and members of the standing committees of the Party committees sign the letters of introduction to change party organization.

- For the immediate superior committees of grassroots party organizations:

+ Guide and inspect the implementation of the Central Regulations on the Introduction of Party Organization at all levels of the Party Committees; handle cases where party members are late in submitting dossiers or do not submit dossiers of transferring party organization; comrade secretaries, deputy secretaries, members of the standing committee, and the head of the organizing committee of the party committee sign the paper introducing the party organization and seal the committee's seal.

+ The superior committees of grassroots party organizations (commissioners of divisions, military zones, troops, armed forces, etc.) in the Party Committee of the Army, signed by a comrade-in-arms secretary, deputy secretary, or member of the standing committee and stamped with the seal of the party committee, or a leader of a political agency or organization in the Army, signed and stamped by a political agency.

The superior committees of grassroots party organizations in the Party Committee of Public Security shall be signed and sealed by comrades-in-arms, deputy secretaries, and members of the standing committee; the agency in charge of party and political work shall sign and seal; if signing the order of the standing committee of the party committee, the seal of the committee shall be affixed.

+ The Party Committee of the Ministry of Foreign Affairs shall be signed by the Secretary, Deputy Secretary, or authorized by the Leader of the Organizing Committee to sign the order and seal the committee's seal.

+ Direct the organizing committee of the Party Committee to carry out the procedures for introducing party organizations, writing notices to transfer party organizations, and using and managing the brochures about party organization.

- For provincial Party committees and equivalents:

Directing all levels of Party committees directly under the Central Government's regulations on introducing party organization.

Provincial Party Committees, Party Committees, and Party Committees directly under the Central Government shall be authorized to delegate to the organizing committees of their respective levels; The Central Military Commission is authorized to the General Department of Politics or the Department of Organization; and the Central Public Security Party Committee is authorized to the Department of Party and Political Work to introduce party organization to party organizations and members.

+ The agencies of the Party Committees assigned the above tasks shall have to assist the Party Committees in guiding and inspecting the implementation of principles and procedures on introducing party organization at lower levels of the Party Committees; fostering professional staff; annually drawing experience on the introduction of party organization; and reporting to the Central Organization Committee.

- Authority to sign papers introducing the party organization:

++ The organizing committee of the provincial party committee, city party committee, and party committee directly under the central government shall be signed and stamped by the head and deputy head of the committee.

++ Department of Party and Political Work, Ministry of Public Security, signed and stamped by its leader.

++ The General Department of Politics of the Vietnam People's Army was signed by the leader of the General Department and stamped by the General Department of Politics. If authorizing the head of the Organization Department to sign, the seal of the Organization Department shall be stamped.

Comrades who are allowed to sign a letter of introduction to change party organization must ensure the principles and procedures for changing party organization and take responsibility before the Party Committee.

- Party members who transfer official or temporary party organization from a party organization at home to a party organization abroad, and party members from abroad return home, complying with the instructions of the Party Committee of the Ministry of Foreign Affairs.

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