Joint Circular No. 07/2014/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

HGuidelines on the functions, tasks, powers, and organizational structure of specialized agencies for ethnic affairs under provincial and district people's committees

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Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;

Pursuant to Decree No. 53/2004/NĐ-CP dated February 18, 2004 of the Government on improving the organization and operation of ethnic affairs agencies under people's committees at all levels;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 84/2012/NĐ-CP dated October 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the National Ethnic Minorities Committee;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of the National Ethnic Minorities Committee and the Minister of the Ministry of Interior issue this Joint Circular guiding the functions, tasks, powers, and organizational structure of specialized agencies for ethnic affairs under provincial people's committees (hereinafter referred to as provincial people's committees) and district people's committees (hereinafter referred to as district people's committees) 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 Affairs Department has legal personality, has its own seal and bank account in accordance with the law; it is subject to the direction, management, and operation of the provincial people's committee; at the same time, it is subject to the direction, inspection, and guidance on professional matters from the National Ethnic Minorities Committee.

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; long-term plans, five-year plans, and annual plans; programs, projects, measures to organize the implementation of tasks related to ethnic affairs and administrative reform tasks within the scope of state management assigned;

b) Draft regulations specifying the functions, tasks, powers, and organizational structure of the Ethnic Affairs Department;

c) Draft regulations specifying conditions, standards, positions for heads and deputy heads of units under the Department; heads and deputy heads of specialized and professional departments under district people's committees.

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 to issue of the Chairman of the provincial people's committee regarding ethnic affairs;

b) Draft decisions on establishing, merging, splitting, or dissolving organizations and units under the Department in accordance with the law;

c) Draft regulations on relations and coordination of work between the Ethnic Affairs Department and relevant Departments, Committees, and district people's committees.

3. To implement legal normative documents, plans, programs, projects, policies within the field of ethnic affairs after approval; to provide information, propaganda, dissemination, and education on laws within the scope of state management assigned to ethnic minority groups; to take the lead and coordinate in mobilizing ethnic minority groups in the province to implement Party guidelines, State policies, and laws.

4. To implement special economic and social development policies, support programs, projects, pilot models for investment and development, and assistance to stabilize the lives of ethnic minorities in particularly difficult areas, border regions, remote areas, islands, revolutionary bases, and settlement policies for ethnic minorities in the province.

5. To implement programs, projects, and policies managed and directed by the National Ethnic Minorities Committee; to monitor, summarize, evaluate the implementation of programs, projects, and ethnic policies at the local level; to advise and propose policies and measures to address issues such as poverty reduction, settlement, migration, and other ethnic-related issues concerning ethnic policies and ethnic minorities in the province.

6. To organize reception, greetings, and resolution of requests of ethnic minorities according to policies and laws; to regularly advise on organizing the Congress of Representatives of Ethnic Minorities at various levels in the province; to select and recommend commendation for outstanding collectives and individuals in labor, production, economic and social development, poverty reduction, security, and law enforcement among ethnic minorities in the province.

7. To guide professional matters within the field of ethnic affairs for District Ethnic Affairs Departments and civil servants engaged in ethnic affairs in districts without the conditions to establish a District Ethnic Affairs Department and civil servants assisting commune-level people's committees (hereinafter referred to as commune-level people's committees) in state management of ethnic affairs.

8. To implement international cooperation in the field of ethnic affairs as assigned by law and delegated by the provincial people's committee and the Chairman of the provincial people's committee.

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. To inspect, audit, and handle violations, resolve complaints and denunciations in accordance with the law; to prevent corruption, practice thrift, and combat waste in the field of ethnic affairs in accordance with the law and delegation by the provincial people's committee.

11. To receive and consider citizens' petitions related to ethnicity, ethnic components, names, customs, traditions of ethnic minorities, and other ethnic issues, and transfer them to competent authorities for resolution in accordance with the law.

12. To participate and coordinate with relevant Departments and Committees in reviewing projects and proposals developed by Departments, Committees, and organizations related to the field of state management of ethnic affairs and ethnic minorities in the province.

13. Cooperate with the Department of Home Affairs in arranging civil servants and public officials who are ethnic minorities to work at specialized agencies under the provincial and district People's Committees, ensuring the ethnic structure on the local territory; build and organize the implementation of projects prioritizing the recruitment of ethnic minority students who have graduated from universities and colleges to work at state agencies in the locality.

Cooperate with the Department of Education and Training in sending ethnic minority students to study at universities, colleges, vocational schools, and residential schools for ethnic minorities according to the provisions of the law; commend and honor outstanding ethnic minority students and graduates who achieve high results in examinations.

14. Specify in detail the functions, tasks, powers, and working relationships of the office, specialized departments, and public service units under the Board, in accordance with the functions, tasks, and powers of the Board as guided by the National Ethnic Minorities Committee and as stipulated by the provincial People's Committee.

15. Manage the organizational structure, civil servant quota, job classification, position staffing, personnel structure by occupational title, and the number of staff in public service units; implement salary systems and incentive policies, training, rewards, and disciplinary measures for civil servants, public officials, and workers within the scope of management according to the law and as assigned or delegated by the provincial People's Committee.

16. Implement information and regular and urgent reporting on the situation of assigned tasks according to the regulations of the provincial People's Committee and the National Ethnic Minorities Committee.

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

18. Perform other tasks assigned by the People's Committee and the Chairman of the Provincial People's Committee and as stipulated by 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 Minority Board

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

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

c) Deputy Directors assist the Director in directing certain aspects of work and are responsible before the Director and the law for the tasks assigned to them. When the Director is absent, or when necessary, a Deputy Director may be delegated by the Director to manage the activities of the Board.

d) The appointment, reappointment, dismissal, transfer, rotation, resignation, reward, punishment, retirement, and other benefits and policies for the Director and Deputy Directors are decided by the Chairman of the provincial People's Committee according to the law.

2. Advisory and specialized organizations

a) Office;

In cases where the Department of Finance has fewer specialized departments than those listed above, the provincial people's committee decides on adjustments to the names and functions of the departments to ensure comprehensive coverage of all areas under management and compliance with legal provisions.

c) The Ethnic Policy Department;

d) The Planning and Comprehensive Department;

đ) The Propaganda and Territorial Department.

3. The civil servant quota of the Ethnic Minority Board is allocated based on job positions, linked to its functions, tasks, and scope of operation, and falls within the total civil servant quota of administrative agencies and organizations of the province or centrally governed city authorized by the competent authority.

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

1. Provinces and centrally governed cities that do not meet the conditions for establishing an Ethnic Minority Board as prescribed in Clause 2, Article 9 of Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under the provincial and centrally governed city People's Committees shall establish an Ethnic Department (or allocate civil servants for ethnic work) under the provincial People's Committee Office.

The Ethnic Department (or civil servants allocated for ethnic work) is subject to the direction of the provincial People's Committee Office; the provincial People's Committee Office ensures material and administrative support for the operations of the Ethnic Department. The Head of the provincial People's Committee Office implements state management functions over ethnic work in the locality according to the delegation of the provincial People's Committee Chairman.

The Ethnic Department (or civil servants allocated for ethnic work under the provincial People's Committee Office) assists the Head of the provincial People's Committee Office in implementing state management functions over ethnic work in the locality. Based on the provisions of Article 2 of this Circular, the Head of the provincial People's Committee Office specifies the specific tasks and powers 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 appointment, transfer, rotation, resignation, dismissal, reward, punishment, retirement, and other benefits and policies for the Director and Deputy Directors are implemented according to the law and the delegation of the provincial People's Committee.

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

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, performing the function of advising and assisting the district People's Committee in managing state affairs related to ethnic work.

2. The Ethnic Department has legal personality, has a seal and bank account; it is subject to the direction, management, and operation of the district People's Committee, while also being subject to the direction, inspection, and guidance on professional matters by the Ethnic Minority Board or the Ethnic Department under the provincial People's Committee Office (for provinces that do not meet the criteria for establishing an Ethnic Minority Board).

Article 6. Tasks and Powers

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

a) Draft decisions, directives; long-term, five-year, and annual plans, policies, programs, and projects in the field of ethnic work; programs and measures to organize the implementation of administrative reform tasks in the field of ethnic work;

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

2. Implement regulatory legal documents, plans, policies, programs, projects after approval by competent authorities; relocation and settlement work for ethnic minority groups; information dissemination, propaganda, popularization, and legal education regarding ethnic affairs; take the lead and coordinate to mobilize ethnic minorities within the district to implement Party guidelines, state policies, and laws.

3. Implement policies, programs, projects, proposals, pilot models for economic and social development investment, support for stabilizing the lives of ethnic minorities; monitor, compile, summarize, evaluate the implementation of programs, projects, and ethnic policies; advise and propose appropriate measures to address issues such as poverty reduction, relocation, migration for ethnic minorities and other ethnic issues within the district.

4. Organize reception, visits, and resolution of requests from ethnic minorities according to policy regulations and laws; regularly advise on organizing the Ethnic Minority Representative Congress at the district level following the guidance of the provincial People's Committee; select and recommend commendation to competent authorities for outstanding collectives and individuals in ethnic minority areas with excellent achievements in labor, production, economic and social development, poverty reduction, maintaining security and order, and exemplary implementation of Party policies and state laws.

5. Organize the application of scientific and technological progress; build information systems and archives to serve state management of ethnic affairs according to assigned professional duties.

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

7. Carry out regular and ad hoc reporting 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 Affairs Board, or the Ethnic Affairs Office under the provincial People's Committee's Office (in provinces without criteria for establishing an Ethnic Affairs Board).

8. Manage organizational structure, job positions, civil servant quotas, civil service grade structures, salary systems, incentive policies, rewards, disciplinary actions, training, and professional development for civil servants under the Ethnic Affairs Office's jurisdiction according to legal provisions and the division of labor by 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.

Article 7. Organization and Staffing

1. The Ethnic Affairs Office has a Director, not more than two Deputy Directors, and specialized and professional civil servants.

The Head shall be accountable to the People's Committee, the Chairman of the People's Committee at the district level, and to the law for all activities of the Department.

The Deputy Heads shall assist the Head and be accountable to the Head and to the law for the tasks assigned to them.

The appointment and reappointment of the Director and Deputy Directors shall be decided by the Chairman of the district People's Committee based on professional standards issued by the provincial People's Committee and in accordance with legal provisions. The transfer, rotation, resignation, dismissal, commendation, disciplinary action, retirement, and implementation of other policies and benefits for the Director and Deputy Directors shall be carried out according to legal provisions and local cadre management authority.

2. The staffing quota of civil servants for the Ethnic Affairs Office is allocated based on job positions, linked to functions, tasks, scope of activities, and included within the total civil servant quota of administrative agencies and organizations at the district level assigned by competent authorities.

3. Based on functions, tasks, job position lists, and approved civil service grade structures, the Ethnic Affairs Office annually develops staffing plans in accordance with legal provisions to ensure the fulfillment 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 counties where ethnic minority groups reside but have not yet met the criteria to establish an Ethnic Affairs Office as stipulated in Point a Clause 3 Article 2 Decree No. 53/2004/NĐ-CP dated February 18, 2004 of the Government on Improving the Organization and Operation of Ethnic Affairs Bodies at All Levels under People's Committees, the People's Council and People's Committee Office or the People's Committee Office in pilot areas without People's Councils shall advise and assist the county-level People's Committee in performing state management functions related to ethnic affairs.

2. Based on the actual situation and the requirements of ethnic affairs in the locality, the Chairman of the People's Council and People's Committee Office or the Chairman of the People's Committee Office in pilot areas without People's Councils shall assign a Deputy Chairman to oversee ethnic affairs and allocate a number of specialized civil servants commensurate with the demands of ethnic affairs tasks in the locality, ensuring the successful completion of assigned tasks.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from February 15, 2015 and replaces Circular Jointly Issued No. 04/2010/TTLT-UBDT-BNV dated September 17, 2010 of the National Ethnic Minorities Commission and the Ministry of Home Affairs guiding the functions, responsibilities, authorities, and organizational structure of professional agencies assisting the People's Committees in managing state affairs related to ethnic affairs at provincial and district levels.

Article 10. Responsibility for Implementation

1. The provincial People's Committee shall specify the functions, responsibilities, authorities, and organizational structure of the Ethnic Minority Board; guide the county-level People's Committee to specify the responsibilities, authorities, and organizational structure of the Ethnic Affairs Office at the district level.

2. The Chairman of the provincial People's Committee is responsible for organizing and implementing this Circular Jointly Issued.

3. During implementation, if any issues arise or difficulties occur, provinces and centrally governed cities shall promptly report to the National Ethnic Minorities Commission and the Ministry of Home Affairs for consideration and resolution within their jurisdiction.