Currently, many readers wonder about the issue of which agency has the authority to admit Party members, what the correct procedures are for admission to the Party, and what the solutions are for cases of joining the Party without appropriate authority in Vietnam. Below are the responses from Lawnet to the above issues.
Which agencies in Vietnam have the authority to admit Communist Party members? (Internet image)
Specific case: I am a new graduate. Although I have graduated (February 2020) and have worked for a business for 1 year since May 2020, I have not yet had a degree ceremony due to the COVID-19 epidemic. By September 2020, the school had admitted me to the Party. However, when applying for Party activity transfer, the District Party Committee said that the school's admission to the Party was not within its authority. Is what they said true? What should I do to fix it?
Regarding this issue, Lawnet would like to answer as follows:
First of all, according to Section 2 of Regulation 14-QD/TW of 2001 on the implementation of the Party Charter issued by the Politburo, there are provisions as follows:
- The grassroots Party Committee is authorized to admit party members: this is considered and decided by the grassroots party committee.
- District Party Committee (and equivalent): authorized for the standing committee to consider and decide.
- Provincial Party Committee (and equivalent): authorized for the standing collective of the Party Committee and the standing members who are heads of Party committees at the same level to consider and decide.
- The Central Military Party Committee and the Central Public Security Party Committee have separate regulations.
Special cases are specified in Clause 6 of Instruction 01-HD/TW 2016 implementing the Party Charter:
- People who have been studying at a training facility for 12 months or more: admission will be considered by the party organization at the training facility. People who have been on secondment work for 12 months or more will be considered and admitted by the party organization where they work.
The party organization of the unit sent to study, on secondment work, and the party organization in the locality where the person joining the Party resides have written comments on political qualities; ethics, lifestyle; public relations; Compliance with the Party's guidelines and policies, the State's policies and laws is sent to the CPV committee of the training facility or the party committee where the person joins the Party for secondment work to have a basis for consideration.
- People who have graduated from school and returned to the locality to wait for a job will be considered by the local party organization for admission.
- People working under contract at agencies, enterprises, and public service units:
+ If they work on a fixed-term contract and the actual working time at an agency, enterprise, or public service unit is less than 12 months, the party organization in their place of residence will consider admission; Before carrying out admission consideration procedures, there must be comments from the agency, enterprise, or public service unit where the person joining the Party is working.
+ If the contract is continuous for 12 months or more, the party organization of the agency, enterprise, or public service unit where that person works will consider admission.
According to the above regulations, you have decided to graduate from school and work at the enterprise for 5 months up to the time of joining the party, the party organization where you reside is the place that has the authority to consider admitting you to the Party, not the school. Therefore, the school admitting you to the Party is not authorized.
For cases where Party members are admitted to the Party without appropriate authority or procedures, follow Section 3.b, Part I of Instruction 09-HD/BTCTW of 2017, specifically as follows:
- The immediate superior Party Committee of the decision-issuing Committee (or the decision-issuing Committee) directs the competent Party Committee to verify the implementation without appropriate authority and procedures.
- Redo the procedures according to regulations, according to the principle that any procedure that is incorrect must be corrected, inheriting the procedures that have been performed correctly.
- After correcting errors, comply with regulations on authority and procedures, based on each specific case, consider making decisions to cancel decisions that are not in accordance with authority and procedures and recognize party members or officially recognize party members; Re-determine the date of admission (including re-admission), the date of official recognition and record it in the decision.
- At the same time, consider and handle the responsibilities of relevant organizations and individuals.
After receiving the decision, the affiliated party committees supplement the documents in the process of redoing the procedures; Complete party members' records for management according to regulations, the party cell will announce and give decisions to party members at the party cell meeting.
Thus, in this case, you need to contact the school or District Party Committee directly for resolution.
Hai Thanh
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