Joint Circular No. 246/2004/TTLT-UBDT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing state administration in ethnic affairs at local levels.

JOINT CIRCULAR

Guidelines for the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committee in state management of ethnic affairs at the local level

The People's Committee manages state administration regarding ethnic affairs at the local level

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Pursuant to Decree No. 51/2003/NĐ-CP dated May 16, 2003 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ethnic Council;

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

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

Jointly issued by the Ethnic Council and the Ministry of Home Affairs guidelines for the functions, tasks, authorities, and organizational structure of specialized agencies assisting the People's Committees in state management of ethnic affairs at the local level are as follows:

I - SPECIALIZED AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT IN STATE MANAGEMENT OF ETHNIC AFFAIRS

1. Position and Functions:

1.1. The specialized agency for ethnic affairs under the People's Committee of provinces and municipalities directly under the Central Government (hereinafter referred to collectively as "province") shall be restructured according to Clause 1 and Clause 2, Article 2 of Decree No. 53/2004/NĐ-CP dated February 18, 2004 of the Government (hereinafter referred to as Decree No. 53/2004/NĐ-CP), including three types of organizations as follows:

- Ethnic Council (with its own seal and separate account):

- Ethnic Council (with its own seal but without a separate account: provided with material facilities, funding, means of work, and working conditions by the Office of the People's Committee of the province);

- Department managing state administration across multiple sectors including state management of ethnic affairs (hereinafter referred to as the Department with state management functions over ethnic affairs).

1.2. The Ethnic Council or the Department with state management functions over ethnic affairs is a specialized agency under the People's Committee of the province with the function of advising and assisting the same-level People's Committee in state management of ethnic affairs in the locality and implementing certain tasks and authorities delegated by the same-level People's Committee; contributing to ensuring unified management in the field of ethnic affairs from central to local levels.

1.3. The Ethnic Council and the Department with state management functions over ethnic affairs are subject to the direction and management of organization, staffing, and personnel work by the People's Committee of the province, while also being subject to the direction and inspection of business operations by the Ethnic Council.

2. Tasks and Authorities

2.1. Submit decisions and directives on ethnic affairs within their jurisdiction to the People's Committee of the province;

2.2. Submit long-term programs, annual plans, and important projects in the field of ethnic affairs within the province to the People's Committee of the province;

2.3. Submit measures to ensure conditions for improving the material and spiritual life and raising the cultural level of ethnic minority people within the province to the People's Committee of the province;

2.4. Guide, inspect, and take responsibility for organizing the implementation of normative legal documents, programs, plans, and projects that have been approved; provide information, propaganda, dissemination, and education on laws in fields within their jurisdiction;

2.5. Conduct surveys, research, and compile data on the origin, history, development of ethnic groups; characteristics, components, economic, social, cultural life, customs, traditions, and other issues related to ethnic groups within the province according to assigned and delegated authority;

2.6. Take the lead and coordinate with relevant departments, levels, and political-social organizations in the locality in implementing policies of the Party and State regarding the right to use languages and scripts; the development of education, raising cultural awareness, prioritizing training and capacity building for ethnic minority cadres; health care for ethnic minority people within the province;

2.7. Take the lead and coordinate with relevant departments, levels, and political-social organizations in the locality in formulating and implementing programs, projects, pilot models, and preferential policies for areas with ethnic minorities, remote areas, and particularly difficult areas as assigned by the People's Committee of the province and the Ethnic Council;

2.8. Organize and direct the implementation of state policies on ensuring equal rights among ethnic groups, maintaining and strengthening unity and mutual assistance among ethnic groups in the locality;

2.9. Guide and inspect the implementation of settlement policies for ethnic minority people within the province;

2.10. Submit specific measures to maintain, preserve, and develop ethnic groups within the province to the People's Committee; direct and organize implementation after approval;

2.11. Receive and visit ethnic minority people; coordinate with local state agencies to resolve legitimate requests of ethnic minority people in accordance with regulations and policies;

2.12. Organize meetings between ethnic groups to exchange experiences to enhance solidarity among ethnic groups in the province;

2.13. Cultivate and select exemplary collectives and individuals who are ethnic minority people in the locality as role models in implementing Party and State policies, serving as nuclei in economic development, maintaining social order, consolidating national defense and security; assist the People's Committee of the province in promoting exemplary collectives and individuals within the area;

2.14. Coordinate in training and capacity building for cadres and civil servants engaged in ethnic affairs within the province;

2.15. Coordinate with the Department of Home Affairs in allocating staffing ratios of local ethnic minority people in the total staffing of specialized agencies under the People's Committee for provinces and districts with large populations of ethnic minorities;

2.16. Inspect, investigate, handle complaints, denunciations, anti-corruption, and deal with violations of law in the field of ethnic affairs within their jurisdiction;

2.17. Decide and direct the implementation of administrative reform programs of the agency according to targets and contents approved by the People's Committee of the province;

2.19. Management of organizational structure, staffing, implementation of salary systems and policies, incentives, rewards, disciplinary measures, and professional training for cadres and civil servants under its jurisdiction;

2.20. Financial management and asset management of the agency in accordance with laws and the delegation of the Provincial People's Committee; 2.21. Implementation of other tasks assigned by the Provincial People's Committee.

3. Organizational structure and staffing

3.1. Ethnic Minority Department (as stipulated in Clause 1, Article 2 of Decree No. 53/2004/NĐ-CP):

3.1.1. Leadership of the Department:

- The Ethnic Minority Department shall have a Director and not more than two Deputy Directors. The Director is the head of the Department, responsible to the Provincial People's Committee and the law for all activities of the Ethnic Minority Department.

- The Deputy Director assists the Director in areas of work assigned by the Director, and is responsible to the Director and the law for the assigned areas of work.

3.1.2. Organizational structure includes:

- Office;

- Inspection;

- Specialized and operational departments;

- Affiliated public service units.

Based on the volume of work, nature, and characteristics of ethnic affairs at the local level, the Director of the Ethnic Minority Department shall coordinate with the Director of the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee for decision on the specific names and number of specialized and professional divisions to cover all aspects of ethnic affairs in the province in line with administrative reform, efficiency, and practicality. The number of specialized and professional divisions (excluding offices and inspection units) shall not exceed two.

3.2. Ethnic Minority Department (as stipulated in Point a, Clause 2, Article 2 of Decree No. 53/2004/NĐ-CP): The Ethnic Minority Department shall have a Director and one Deputy Director. Provisions regarding responsibilities and authorities of the Director and Deputy Director shall be implemented according to Point 3.1.1 of this Circular.

The Ethnic Minority Department operates under a specialist system combined with a chief executive system, without organizing separate specialized and professional divisions.

3.3. Department with state management functions over ethnic affairs (as stipulated in Point b, Clause 2, Article 2 of Decree No. 53/2004/NĐ-CP):

Assign some Deputy Directors to be responsible for ethnic affairs, accountable to the Provincial People's Committee, the Director of the Department, and the law for the assigned tasks. The Department has state management functions over ethnic affairs, in addition to other specialized and professional divisions, it has a specialized division to handle ethnic affairs. The name of the division shall be decided by the Chairman of the Provincial People's Committee based on the proposal of the Director of the Department managing state affairs over ethnic affairs and the Director of the Department of Home Affairs.

The Director and Deputy Director of the Ethnic Minority Department shall be appointed by the Chairman of the Provincial People's Committee according to the professional and vocational standards issued by the Minister and Head of the Ethnic Minorities Committee and in accordance with the Party and State procedures for cadre and civil servant management.

The Deputy Director of the Department responsible for ethnic affairs must meet the professional and vocational standards for ethnic affairs as prescribed by the Minister and Head of the Ethnic Minorities Committee. The Director of the Ethnic Minority Department (or the Director of the Department with state management functions over ethnic affairs) shall define the functions, duties, and powers of subordinate organizations (or specialized divisions handling ethnic affairs).

3.5. Staffing Based on the volume, nature, and specific characteristics of ethnic affairs in the province, the Director of the Ethnic Minority Department (or the Director of the Department with state management functions over ethnic affairs) and the Director of the Department of Home Affairs shall submit to the Chairman of the Provincial People's Committee for decision on the staffing of the Ethnic Minority Department or the specialized division handling ethnic affairs.

The allocation of cadres and civil servants in the Department must be consistent with job titles, civil service and public official grade standards as prescribed by law on cadres and civil servants; while ensuring a minimum ratio of 25% of the total staffing of the Ethnic Minority Department (as stipulated in Clause 1, Article 2 of Decree No. 53/2004/NĐ-CP) and a minimum of 50% of the total staffing of the Ethnic Minority Department (as stipulated in Point a, Clause 2, Article 2 of Decree No. 53/2004/NĐ-CP) and of the specialized division handling ethnic affairs (under the Department with state management functions over ethnic affairs as stipulated in Point b, Clause 2, Article 2 of Decree No. 53/2004/NĐ-CP dated February 18, 2004 of the Government).

II. SPECIALIZED AGENCIES ASSISTING THE PROVINCIAL PEOPLE'S COMMITTEE IN MANAGING STATE AFFAIRS OVER ETHNIC AFFAIRS

1. Position and Functions

1.1. Specialized agencies handling ethnic affairs under the People's Committees of districts, towns, cities directly under provinces (hereinafter referred to collectively as districts) shall be organized according to Clause 3, Article 2 of Decree No. 53/2004/NĐ-CP of the Government, including three types of organizations as follows:

- Ethnic Affairs Division;

- A specialized division managing multiple sectors and fields including ethnic affairs (hereinafter referred to as a division with state management functions over ethnic affairs);

- A dedicated unit handling ethnic affairs within the Office of the People's Council and People's Committee.

1.2. The Ethnic Affairs Division or the division with state management functions over ethnic affairs is a specialized agency assisting the District People's Committee in managing state affairs over ethnic affairs in the district.

1.3. The Ethnic Affairs Division or the division with state management functions over ethnic affairs is subject to comprehensive and direct management by the District People's Committee, while also being guided and directed professionally by the Ethnic Minority Department.

2. Tasks and Authorities

2.1. Submit to the District People's Committee for issuance of guiding documents on ethnic affairs in the district and organize their implementation after approval;

2.2. Submit to the District People's Committee plans for long-term and annual ethnic affairs work; guide, inspect, and organize the implementation of these plans after approval;

2.3. Assist the District People's Committee in implementing ethnic policies, economic and social development projects and programs for ethnic minorities in the district; and relocation and settlement work for ethnic minority groups.

2.4. Coordinate with specialized agencies at the district level and mass organizations to disseminate policies and mobilize ethnic minority communities to effectively implement Party guidelines and legal regulations.

2.5. Assist the District People's Committee in handling complaints and denunciations related to ethnic issues in accordance with the law. 2.6. Assist the District People's Committee in guiding Commune People's Committees in implementing legal provisions concerning ethnic affairs.

2.7. Implement information, reporting, and statistical work on assessing the situation and results of ethnic affairs implementation within the district for the District People's Committee and the Provincial Ethnic Minority Board.

2.8. Perform other tasks assigned by the District People's Committee.

3. Organizational structure and staffing:

3.1. Based on the volume, nature, and specific characteristics of ethnic affairs in the locality, the provincial board decides on the organizational form of the specialized agency assisting the District People's Committee in state management of ethnic affairs according to the provisions of Decree No. 53/2004/NĐ-CP.

3.2. The staffing of the specialized agency for ethnic affairs at the district level is determined by the Chairman of the District People's Committee from the total administrative staffing of the district allocated by the Chairman of the Provincial People's Committee; among which, the proportion of ethnic minority cadres and civil servants must be at least 50% of the total staffing of the Ethnic Affairs Department and specialized departments responsible for managing ethnic affairs, and at least 75% of the total staffing of the dedicated ethnic affairs unit in the People's Council and People's Committee Office at the district level.

III. TASKS AND POWERS OF THE COMMUNE PEOPLE'S COMMITTEE (HEREINAFTER REFERRED TO AS THE COMMUNE):

The Provincial People's Committee shall specify the tasks and powers of the Commune People's Committee regarding ethnic affairs in accordance with the law.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular Joint Circular No. 771/TTLT-UBDTMN-BTCCBCP dated October 20, 1998 of the Ethnic Minorities Commission and the Civil Service Management Board of the Government. 2. The Provincial People's Committee shall develop a proposal to reorganize the organizational structure for ethnic affairs based on the provisions of Decree No. 53/2004/NĐ-CP and this Circular for submission to the People's Council at the same level for consideration and decision in the following directions:

2.1. For provinces meeting the conditions stipulated in Clause 1 and Point a, Clause 2, Article 2 of Decree No. 53/2004/NĐ-CP but have not established a provincial-level state management agency for ethnic affairs, establish an Ethnic Minority Board.

2.2. Provinces that already have an Ethnic Minority Board or an Ethnic Minority and Mountainous Areas Board under the Provincial People's Committee shall maintain their current organization and unify the name as Ethnic Minority Board while enhancing the quality and cadre structure in accordance with this Circular.

2.3. Provinces with an Ethnic Minority and Religion Board or a Religion and Ethnic Minority Board, a sub-board of Ethnic Minority... shall define the type of organization, consolidate the organization with a new name, and strengthen the ethnic affairs staff in accordance with Article 2 of Decree No. 53/2004/NĐ-CP. 3. The Chairman of the Provincial People's Committee shall specify the functions, tasks, powers, organizational structure, and staffing of the Ethnic Minority Board or the Department responsible for state management of ethnic affairs; guide the District People's Committee to specify the functions, tasks, powers, organizational structure, and staffing of the specialized agency managing ethnic affairs at the district level and the tasks and powers of state management over ethnic affairs of the Commune People's Committee.

4. During the implementation of this Circular, if there are any arising issues or difficulties, the Provincial People's Committee or the Central City People's Committee shall report to the Ethnic Minorities Commission and the Ministry of Home Affairs for examination and resolution./.