Decree No. 05/2011/NĐ-CP on Ethnic Affairs

DECREE

On National Ethnic Work

THE GOVERNMENT

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

Considering the proposal of the Minister, Chairman of the National Ethnic Minorities Committee,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates activities related to national ethnic work aimed at ensuring and promoting equality, unity, mutual assistance for common development, respecting and preserving the cultural identity of ethnic groups living together on the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

This Decree applies to state agencies when implementing ethnic work; organizations and individuals within the country, and foreign organizations and individuals when participating in the implementation of ethnic policies on the territory of the Socialist Republic of Vietnam.

Article 3. Basic Principles of Ethnic Work

1. Implementing ethnic policies based on the principles of equality, unity, respect, and mutual assistance for common development.

2. Ensuring and implementing comprehensive development policies gradually improving the material and spiritual lives of ethnic minority compatriots.

3. Ensuring the preservation of languages, scripts, ethnic identities, and promoting good customs, traditions, and cultures of each ethnic group.

4. Ethnic groups have the responsibility to respect each other's customs and traditions, contributing to building a modern Vietnamese culture rich in ethnic characteristics.

In this Decree, the following terms are understood as follows:

Point 1. "Ethnic work" refers to state management activities in the ethnic field aimed at influencing and creating conditions for ethnic minorities to develop together, ensuring respect and protection of citizens' rights and legitimate interests.

Point 2. "Ethnic minority" refers to ethnic groups with fewer people than the majority ethnic group within the territory of the Socialist Republic of Vietnam.

Point 3. "Majority ethnic group" is the ethnic group whose population exceeds 50% of the total national population, according to the national census.

Point 5. "Very small ethnic minority" is an ethnic group with less than 10,000 people.

a) The poverty rate in villages or communes exceeds 50% compared to the national poverty rate;

b) Development indicators for education, public health, and population quality are below 30% of the national average;

c) Essential technical infrastructure is of low quality, only meeting the minimum requirements for serving the population's daily life.

Each ethnic group has its own name, determined according to criteria recognized by law, consistent with the wishes of ethnic compatriots. The ethnic components are decided and announced by competent authorities in accordance with the law.

Article 6. Congresses of Ethnic Minorities' Representatives

1. The National Congress of Ethnic Minority Representatives of Vietnam is held every ten years.

Article 7. Prohibited acts

Strictly prohibited are the following acts:

2. Exploiting ethnic issues to spread misinformation and oppose the Party's guidelines and State's policies.

3. Exploiting the implementation of ethnic policies and state management of ethnic work to infringe upon the State's interests, citizens' rights, and legitimate interests.

4. Other acts contrary to government regulations.

Chapter II
ETHNIC POLICY

Article 8. Investment and Resource Utilization Policy

2. Planning, training, fostering, utilizing, and managing local ethnic minority labor with reasonable incentive policies.

5. The Ministries of Planning and Investment, Finance, based on their assigned functions and tasks, shall take the lead and coordinate with the Committee for Ethnic Minorities and relevant ministries, sectors, and localities to provide detailed regulations and guidance on implementing this Article.

Article 9. Sustainable Development Investment Policy

3. Reviving and developing traditional handicrafts of ethnic minorities in line with market economic mechanisms.

4. Project investors affecting land, environment, ecology, and the lives of ethnic communities must publicly announce and seek opinions from local residents according to legal provisions; organize resettlement, creating conditions for people to have a better life at new settlement locations than their previous ones.

Local authorities where people resettle have the responsibility to cooperate with project investors to ensure long-term resettlement, providing conditions for ethnic communities to stabilize their lives.

5. Implementing rational planning and resettling concentrated residential areas in difficult areas, ensuring that ethnic communities can develop production in line with ethnic characteristics and regional features.

7. Organizing disaster prevention and rescue operations for people in regions affected by natural disasters and floods.

8. Providing timely support policies for particularly disadvantaged ethnic minorities to stabilize and develop.

9. The Ministries of Planning and Investment, Finance, Labor, Invalids and Social Affairs, Agriculture and Rural Development, and the Committee for Ethnic Minorities, based on their assigned functions and tasks, shall take the lead and coordinate with relevant ministries, sectors, and localities to provide detailed regulations and guidance on implementing this Article.

Article 10. Policy on the development of education and training

2. Develop kindergartens, general secondary schools, boarding general secondary schools for ethnic minorities, semi-boarding general secondary schools for ethnic minorities, continuing education centers, community learning centers, vocational schools, preparatory universities; study multi-disciplinary undergraduate training forms for children of ethnic minorities to accelerate the training of human resources serving the period of industrialization, modernization of the country and international integration.

3. Specify specific conditions and measures to support students and trainees who are ethnic minorities; resolve accommodation, scholarships, and loans during their studies in accordance with their field of study and place of residence.

Students from ethnic minority groups with very few members, residing in areas with difficult socio-economic conditions and extremely difficult conditions are exempted from tuition fees at all levels and fields of study.

5. Provide support for teachers teaching in areas with difficult socio-economic conditions and extremely difficult conditions; train teachers from ethnic minorities and teachers teaching ethnic languages.

6. The language, script, and fine cultural traditions of ethnic groups are included in the curricula of general secondary schools, boarding general secondary schools for ethnic minorities, semi-boarding general secondary schools for ethnic minorities, continuing education centers, community learning centers, vocational schools, specialized high schools, colleges, and universities, in accordance with the ethnic regions.

7. Local authorities where children of ethnic minorities have been admitted to universities and colleges and trainees selected for special training programs shall be responsible for receiving and assigning appropriate work after graduation in accordance with their field of study.

8. Ministries of Education and Training, Labor, Invalids and Social Affairs, and the Committee for Ethnic Minorities shall, based on their assigned functions and tasks, be responsible for leading and coordinating with relevant ministries, sectors, and localities to specify detailed regulations and guide the implementation of this Article.

Article 11. Policy on ethnic minority cadres

In ethnic minority regions, there must be key cadres from ethnic minorities.

2. Ensure a reasonable proportion of ethnic minority cadres, prioritizing female cadres and young cadres participating in agencies and organizations within the political system at all levels.

3. Ministries, sectors, and localities shall be responsible for planning, training, upgrading, appointing, and utilizing ethnic minority cadres.

4. The Ministry of Home Affairs shall lead and coordinate with relevant ministries and sectors to specify detailed regulations and guide the implementation of this Article.

Respected individuals in ethnic minority regions shall be trained and provided with incentives and other benefits to enhance their role in implementing ethnic policies in their communities, in accordance with local socio-economic conditions.

Article 13. Policy on preservation and development of culture

1. Support the collection, research, protection, preservation, and promotion of valuable traditional cultural values of ethnic minorities within the Vietnamese community.

2. Support the maintenance and development of writing systems for ethnic groups with their own scripts. Ethnic minority groups have the responsibility to preserve their traditional cultural values, languages, and scripts in accordance with the provisions of the law.

3. Develop and implement national target programs to preserve and promote traditional cultural values; support investment in maintaining, preserving historical and cultural sites that have been ranked by the State.

4. Ethnic minority compatriots are entitled to preferential cultural benefits; support the construction, exploitation, and effective use of grassroots cultural institutions in areas inhabited by ethnic minorities.

5. Preserve and promote traditional festivals of ethnic groups; organize cultural-sports festivals periodically according to regions or ethnic groups in areas inhabited by ethnic minorities.

Article 14. Policy on physical education and sports in ethnic minority regions

1. Preserve and develop traditional physical education and sports of ethnic groups.

Focus on supporting infrastructure construction to serve tourism while protecting the environment and ecology; support the promotion, diversification of tourism forms and products, rational exploitation of potential scenic spots, and tourism development.

Article 16. Health and population policy

1. Ensure that ethnic minority compatriots can access healthcare services; implement health care and health insurance programs for ethnic minorities in accordance with the law.

2. Concentrate on building, consolidating, and expanding healthcare facilities; ensure medicines for disease prevention and treatment for ethnic minorities in economically and socially difficult and extremely difficult regions.

3. Support the preservation, exploitation, and use of traditional folk remedies and medical methods recognized by competent state authorities.

4. Ensure the improvement of population quality and reasonable population development of each ethnic group in accordance with the law.

6. The Ministry of Health shall take the lead and coordinate with relevant ministries and sectors to specify and guide the implementation of this Article.

Article 17. Information and Communication Policy

Establish a national statistical index system on ethnicity; implement regular and urgent reporting systems on economic, social, security, defense, natural disasters, and flood situations in ethnic minority regions.

Article 18. Policy on the dissemination, education of laws, and legal aid

Article 19. Environmental Protection and Ecological Policies

2. Protect, improve, and ensure that areas with resources are reinvested appropriately.

3. Promote education and mobilize ethnic minorities in resource-rich areas to enhance their awareness of environmental protection, ecological conservation, and biodiversity.

4. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to specify detailed regulations and provide guidance on the implementation of this Article.

Article 20. Defense and Security Policies

2. State agencies, ethnic groups in border and island regions, along with military forces and local authorities, shall have the responsibility to protect the national border, maintain security and social order, and strengthen friendly relations with neighboring countries' people in border and island regions in accordance with the law.

Chapter III
STATE MANAGEMENT OF NATIONALITY WORK

Article 21. State Management of Nationality Work

1. Enact and direct the implementation of national strategies, target programs, planning, policies, and plans in the field of nationality work.

3. Improve the organizational structure of nationality work agencies from central to grassroots levels; effectively delegate responsibilities within the field of nationality work.

6. Promote and educate Party policies and state laws through various methods and forms so that ethnic groups understand clearly and actively participate in the implementation process.

Promote the tradition of unity among ethnic groups in the cause of building and defending the country. Organize mutual assistance movements between ethnic groups in the community. Organize sisterhood activities between localities to support economic and social development, eradicate poverty, and address difficulties in life.

10. Research theoretical and practical situations regarding nationality work, nationality strategy, ethnic policies, and state management in the field of nationality work.

Article 22. State Management Authority for Ethnic Work

1. The Government shall uniformly manage state affairs concerning ethnic work.

2. The Committee for Ethnic Minorities Affairs shall be responsible for assisting the Government in performing its functions to manage state affairs concerning ethnic work throughout the country.

3. Ministries, ministerial-level agencies, and agencies under the Government shall fulfill their responsibilities to manage state affairs concerning ethnic work in accordance with the provisions of the law.

4. People's Committees at all levels shall manage state affairs concerning ethnic work in their respective localities in accordance with the provisions of the law.

Chapter IV
IMPLEMENTATION

Article 23. Responsibilities of Ministries and Ministerial-Level Agencies

1. To take the lead and coordinate with the Committee for Ethnic Minorities Affairs to manage state affairs concerning ethnic work and resolve issues related to ethnic work within the scope, functions, tasks, and authorities assigned.

3. To regularly report every six months and annually on the situation of ethnic work and the results of implementing ethnic policies within the scope of national management led by the Ministry or sector to the Committee for Ethnic Minorities Affairs for consolidation and reporting to the Prime Minister.

4. To perform other state management tasks concerning ethnic work as assigned by the Government.

Article 24. Responsibilities of the Committee for Ethnic Minorities Affairs

2. To take the lead and coordinate with ministries and sectors, provincial People's Committees to manage state affairs concerning ethnic work and resolve issues related to ethnic work. To regularly report annually to the Prime Minister on the implementation of ethnic policies and ethnic work.

3. To perform other tasks assigned by the Government.

Article 25. Responsibilities of People's Committees at All Levels

1. People's Committees at all levels shall be responsible for organizing the implementation of the Party's policies and the State's laws concerning ethnic work in accordance with the provisions of the law and the provisions of this Decree in their respective localities.

4. Provincial People's Committees shall regularly report every six months and annually on the ethnic situation, the results of implementing ethnic policies, and ethnic work in their respective localities to the Committee for Ethnic Minorities Affairs for consolidation and reporting to the Prime Minister.

Article 26. Coordination in Implementing Ethnic Work and Ethnic Policies

The Vietnam Fatherland Front Central Committee and its member organizations are requested to coordinate with the National Ethnic Council, relevant ministries, and sectors to supervise, publicize, and mobilize the implementation of ethnic work and ethnic policies as stipulated in this Decree.

Chapter V
IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Decree takes effect from March 4, 2011.

2. All provisions related to ethnic work that conflict with the provisions of this Decree shall be abolished.

Article 28. Responsibilities for Guidance and Implementation

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.