Joint Circular No. 04/2010/TTLT-UBDT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies for ethnic affairs under provincial and district People's Committees.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of specialized agencies under provincial and district people's committees

regarding ethnic affairs under the People's Committee at the provincial and district levels

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Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the Provincial People's Committees and the Committees of centrally governed cities;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, and provincial-level cities;

Pursuant to Decree No. 12/2010/NĐ-CP dated February 26, 2010 of the Government amending and supplementing certain articles of Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committees of districts, towns, and provincial-level cities;

Pursuant to Decree No. 53/2004/NĐ-CP dated February 18, 2004 of the Government on improving the organizational structure for ethnic affairs under People's Committees at all levels;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 60/2008/NĐ-CP dated May 9, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ethnic Minorities Committee;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ethnic Minorities Committee and the Ministry of Home Affairs shall guide the functions, tasks, powers, and organizational structure of the specialized agency for ethnic affairs under the People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as the Provincial People's Committee) and the People's Committee of districts, towns, and provincial-level cities (hereinafter referred to collectively as the District People's Committee) as follows:

PART I

ETHNIC AFFAIRS DEPARTMENT

Article 1. Position and Functions

1. The Ethnic Affairs Department is a specialized agency equivalent to a Department under the provincial people's committee, with the function of advising and assisting the provincial people's committee in performing state management functions regarding ethnic affairs.

2. The Ethnic Department has legal personality, its own seal and separate bank account; it is subject to the direction and management of the Provincial People's Committee concerning organization, staffing, and personnel work; it is also subject to the direction, guidance, inspection, and audit of the Ethnic Minorities Committee concerning professional matters.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. To take the lead in drafting and submitting to the provincial people's committee:

a) Draft decisions, directives, and other documents within the authority of the Provincial People's Committee to issue regarding ethnic affairs;

b) Draft five-year plans and annual plans, policies, programs, projects, and important initiatives regarding ethnic affairs; measures to organize the implementation of administrative reform tasks within the scope of management of the Ethnic Department;

c) Draft regulations on qualification standards for heads and deputy heads of units under the Ethnic Department; Heads and Deputy Heads of Ethnic Affairs Departments under the District People's Committee.

2. To take the lead in drafting and submitting to the Chairman of the provincial people's committee:

a) Draft decisions, directives, and other documents within the authority of the Chairman of the Provincial People's Committee to issue regarding ethnic affairs;

b) Draft regulations on the working relationship between the Ethnic Department and relevant departments and the District People's Committee;

c) Draft decisions on establishing, merging, splitting, reorganizing, and dissolving organizations and units under the Department in accordance with the law.

3. Guide, inspect, and implement regulatory documents, planning, programs, projects, policies, and initiatives in the field of ethnic affairs after approval; provide information, propaganda, dissemination, and education on laws within the scope of management of the Ethnic Department to ethnic minority groups; mobilize ethnic minorities in the province to implement Party guidelines, state policies, and laws.

4. Implement special economic and social development policies, programs, projects, initiatives, and pilot models to support the stable livelihood of ethnic minorities in particularly difficult areas, border regions, remote areas, and resettlement activities for ethnic minorities in the province.

5. Assist the Provincial People's Committee in drafting plans and implementing policies, programs, and projects managed and directed by the Ethnic Minorities Committee; monitor, summarize, evaluate, and assess the implementation of ethnic policies, programs, and projects in the locality; advise and propose policies and measures to address poverty reduction, resettlement, migration, and other ethnic issues in the province.

6. Assist the Provincial People's Committee in organizing receptions, greetings, and resolution of requests from ethnic minorities in accordance with policies and laws; regularly organize provincial-level conferences of ethnic minority representatives; select and recommend outstanding ethnic individuals and collectives for commendation and awards for their achievements in labor, production, economic and social development, poverty reduction, security, and compliance with Party guidelines and state laws.

7. Provide professional guidance and supervision over ethnic affairs for Ethnic Affairs Departments at the district level and civil servants assisting the People's Committee of communes, wards, and towns (hereinafter referred to collectively as the Commune People's Committee) in managing ethnic affairs.

8. Implement international cooperation in the field of ethnic affairs in accordance with the law and assignments or delegations from the Provincial People's Committee; participate in reviewing projects and initiatives developed by relevant departments and organizations that involve ethnic minorities in the province.

9. To organize research, application of scientific and technological progress; to build databases, information systems, and archives serving state management of ethnic affairs according to assigned professional tasks.

10. Inspect, audit, handle violations, resolve complaints and petitions in accordance with the law; prevent corruption, promote thrift, and combat waste in the field of ethnic affairs in accordance with the law and assignments and delegations from the Provincial People's Committee.

11. Coordinate with the Department of Home Affairs in arranging ethnic minority civil servants to work at specialized agencies under the provincial and district People's Committees, and ethnic cadres and civil servants to work at commune-level People's Committees; develop and implement programs prioritizing the recruitment of ethnic minority graduates from universities and colleges to work as civil servants in local state agencies. Coordinate with the Department of Education and Training in selecting ethnic minority students for admission to universities, colleges, vocational schools, and residential schools for ethnic minorities according to the provisions of the law.

12. Carry out comprehensive work, statistics, information, regular and urgent reports on the implementation of ethnic affairs tasks within the province and assigned tasks according to the regulations of the provincial People's Committee and the Ethnic Committee.

13. Define the functions, tasks, authorities, and working relationships of the office, specialized departments, and affiliated units of the Ethnic Committee; manage organizational structure and staffing; implement salary systems, policies, incentives, training, commendation, discipline, and other benefits for cadres, civil servants, and public officials under the management of the Ethnic Committee according to the law and the division of responsibilities of the provincial People's Committee.

14. Manage financial resources and assets allocated and organize the implementation of the budget according to the law and the division of responsibilities of the provincial People's Committee.

15. Perform other tasks assigned by the provincial People's Committee or as stipulated by the law.

đ) Based on the regulations on the delegation of organizational and cadre management, the Director of the Department decides or submits to the competent authority for decisions regarding the appointment and dismissal of heads and deputy heads of units under the Department according to the position standards set by the provincial people's committee;

1. Leadership of the Ethnic Committee:

a) The Ethnic Minority Board has a Director and not more than three Deputy Directors.

b) The Director is the head of the Ethnic Committee, responsible before the People's Committee, the Chairman of the provincial People's Committee, and the law for all activities of the Ethnic Committee;

c) Deputy Directors assist the Director, responsible before the Director and the law for the tasks assigned; when the Director is absent, a Deputy Director appointed by the Director shall lead the activities of the Ethnic Committee;

d) Appointments, reappointments, dismissals, transfers, rotations, resignations, commendations, disciplinary actions, retirements, and the implementation of other policies and benefits for the Director and Deputy Directors are decided by the Chairman of the provincial People's Committee according to the law.

2. Organizational Structure:

a) Organizations established uniformly in the Committees include:

- Office;

- Inspection.

b) Specialized Departments:

Based on the workload, nature, characteristics, and requirements for state management of ethnic affairs in each locality. In addition to the Office and Inspectorate mentioned above, the Director of the Ethnic Committee, in coordination with the Director of the Department of Home Affairs, shall submit to the Chairman of the provincial People's Committee for specific decisions regarding the number and names of specialized departments under the Ethnic Committee, but not exceeding 03 (three) specialized departments.

c) Affiliated Units:

Based on the specific nature and characteristics of each locality, the Director of the Ethnic Committee, in coordination with the Director of the Department of Home Affairs, shall submit to the provincial People's Committee for decisions to establish affiliated units under the Ethnic Committee.

3. Staffing:

a) The staffing of civil servants of the Ethnic Committee is determined by the provincial People's Committee within the total staffing quota of the province allocated by the central government, ensuring the completion of assigned tasks.

b) The staffing of affiliated units under the Ethnic Committee is determined by the provincial People's Committee according to the staffing norms and the provisions of the law.

Article 4. State Management of Ethnic Work in Provinces Not Meeting the Conditions for Establishing an Ethnic Minority Board

1. Provinces that do not meet two out of three criteria for establishing an Ethnic Committee as specified in points a, b, and c of Clause 2, Article 9 of Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government on organizing specialized agencies under provincial and centrally-administered city People's Committees shall establish an Ethnic Department (or arrange cadres and civil servants for ethnic affairs) under the Office of the provincial People's Committee.

The Ethnic Department (or cadres and civil servants for ethnic affairs) is directly directed by the provincial People's Committee; the Office of the provincial People's Committee ensures material and administrative support for the operation of the Ethnic Department. The Director of the Office of the provincial People's Committee implements state management functions over ethnic affairs in the locality according to the authorization of the Chairman of the provincial People's Committee.

The Ethnic Department under the Office of the provincial People's Committee (or cadres and civil servants for ethnic affairs) has the function of advising and assisting the Director of the Office of the provincial People's Committee in implementing state management functions over ethnic affairs in the locality. Based on the tasks prescribed in Article 2 of this Circular, the Director of the Office of the provincial People's Committee specifies the specific tasks and authorities of the Ethnic Department.

The Ethnic Department under the provincial People's Committee Office has a Director and not more than two Deputy Directors.

The appointments, transfers, rotations, resignations, dismissals, commendations, disciplinary actions, retirements, and the implementation of other policies and benefits for the Head and Deputy Heads of the Department are carried out according to the law and the division of responsibilities of the provincial People's Committee.

2. The staffing of civil servants of the Ethnic Department is determined by the Director of the Office of the provincial People's Committee within the total staffing quota of the Office of the provincial People's Committee allocated by the provincial People's Committee, ensuring sufficient staffing to complete assigned tasks.

Chapter II

ETHNIC DEPARTMENT AT THE DISTRICT LEVEL

Article 5. Position and Functions

1. The Ethnic Department is a specialized agency under the district People's Committee with the function of advising and assisting the district People's Committee in implementing state management functions over ethnic affairs.

2. The Ethnic Department has legal personality, its own seal and bank account; it is subject to direction and management over organization, staffing, and personnel work by the district People's Committee; at the same time, it is subject to direction, guidance, inspection, and audit over professional matters by the Ethnic Committee or the Ethnic Department under the Office of the provincial People's Committee (for provinces that do not meet the criteria for establishing an Ethnic Committee).

Article 6. Tasks and Powers

1. Take the lead in drafting and submitting to the district People's Committee:

a) Draft decisions, directives, five-year plans, annual plans, policies, programs, projects, and proposals in the field of ethnic affairs; contents and methods of organizing the implementation of administrative reform tasks in the field of ethnic affairs within the district.

b) Draft guiding documents for the implementation of the provincial People's Committee's regulations on ethnic work in the locality.

2. Implement the legal documents, plans, policies, programs, projects after being approved by the competent authority; work on settlement and relocation for ethnic minority groups; provide information, propaganda, dissemination, and legal education regarding ethnic affairs; mobilize ethnic minorities within the district to implement the guidelines, policies of the Party, and laws of the State.

3. Continuously assist the People's Committee at the district level in implementing policies, programs, projects, proposals, models of pilot investment for economic and social development, supporting the stabilization of life for ethnic minorities; monitor, compile, summarize, and evaluate the implementation of programs, projects, and ethnic policies; advise and propose appropriate measures to address issues such as poverty reduction, settlement, relocation, and migration for ethnic minorities and other ethnic issues within the district.

4. Advise and assist the People's Committee at the district level in organizing receptions, greetings, and resolving the wishes of ethnic minorities according to regulations and policies; regularly organize the Ethnic Minorities Congress of the district following the guidance of the provincial People's Committee; select and recommend commendation from the competent authority for outstanding collectives and individuals among ethnic minorities who have made remarkable achievements in labor, production, economic and social development, poverty reduction, maintaining security and order, and exemplary implementation of the guidelines and policies of the Party and laws of the State.

5. Carry out information and archival work to serve state management in ethnic affairs according to assigned professional duties.

6. Inspect the implementation of policies, programs, projects, and legal provisions; handle complaints and denunciations; prevent and combat corruption and waste in ethnic affairs according to legal provisions and the division of labor of the district People's Committee.

7. Conduct comprehensive statistics, information, and regular and urgent reports on the implementation of ethnic affairs tasks within the district and assigned tasks according to the regulations of the district People's Committee, the Ethnic Minority Board, or the Ethnic Minority Office under the Provincial People's Committee Office (in provinces without criteria to establish an Ethnic Minority Board).

8. Manage organizational structure and staffing; implement systems, policies, incentives, rewards, disciplinary actions, training, and professional development for employees under the management of the Office according to legal provisions and the division of labor of the district People's Committee.

9. Manage finances, assets allocated, and implement the budget allocated according to legal provisions and the division of labor and authority by the district People's Committee.

10. Perform other tasks assigned by the district People's Committee or as stipulated by law.

Article 7. Organization and Staffing

1. The Ethnic Minority Office at the district level has a Director and no more than two Deputy Directors.

a) The Director is the head, responsible before the People's Committee, the Chairman of the district People's Committee, and the law for all activities of the Office.

b) The Deputy Director assists the Director, responsible before the Director and the law for the tasks assigned; when the Director is absent, one Deputy Director appointed by the Director will manage the activities of the Office.

c) The appointment, reappointment of the Director and Deputy Director is decided by the Chairman of the district People's Committee based on professional standards issued by the provincial People's Committee and legal provisions. The transfer, rotation, resignation, dismissal, commendation, disciplinary action, retirement, and implementation of other policies for the Director and Deputy Director shall be carried out according to legal provisions.

2. The staffing of civil servants of the Ethnic Minority Office at the district level is decided by the district People's Committee within the total staffing of the district allocated by the provincial People's Committee, ensuring the completion of assigned tasks.

Article 8. State Management of Ethnic Affairs in Counties Not Yet Meeting the Conditions for Establishing an Ethnic Affairs Office

1. For districts with ethnic minorities residing but not meeting the criteria to establish an Ethnic Minority Office, the Office of the People's Council and People's Committee or the Office of the People's Committee where there is no People's Council advises and assists the district People's Committee in performing state management functions in ethnic affairs.

2. Based on actual conditions and requirements of ethnic affairs in the locality, the Head of the Office of the People's Council and People's Committee or the Head of the Office of the People's Committee where there is no People's Council assigns a Deputy Head to oversee ethnic affairs and allocate a suitable number of specialized civil servants to meet the requirements of ethnic affairs tasks in the locality, ensuring the completion of assigned tasks.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect 45 days from the date of issuance and replaces Circular Jointly Issued No. 246/2004/TTLT-UBDT-BNV dated May 6, 2004, of the National Ethnic Minorities Commission and the Ministry of Home Affairs guiding the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in managing state affairs related to ethnic affairs at the local level.

Article 10. Responsibility for Implementation

1. Provincial People's Committee:

a) According to the guidance of this Circular, specify the functions, tasks, authorities, and organizational structure of the Ethnic Minority Board or the Ethnic Minority Office under the Provincial People's Committee Office; guide the district People's Committee to specify the functions, tasks, and authorities of the Ethnic Minority Office under the district People's Committee.

b) Based on the characteristics, socio-economic development situation, and requirements of ethnic affairs in the locality, decide on the establishment, merger, dissolution, division, and restructuring of units under the Ethnic Minority Board.

2. The Chairpersons of Provincial People's Committees shall be responsible for organizing and implementing this Joint Circular.

3. During the implementation of this Circular, if any issues arise or difficulties occur, the People's Committees of provinces and centrally-administered cities shall report to the National Ethnic Minorities Commission and the Ministry of Home Affairs for consideration and resolution within their jurisdiction./.