Decision No. 39/2020/QD-TTg Criteria for Identifying Ethnic Groups Still Facing Many Difficulties and Special Difficulties during the Period 2021-2025

Pursuant to …;

ON CRITERIA FOR IDENTIFYING ETHNIC GROUPS STILL ENCOUNTERING MANY DIFFICULTIES AND WITH SPECIAL DIFFICULTIES IN THE PERIOD OF 2021-2025

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Resolution No. 120/2020/QH14 dated June 19, 2020 of the XIVth National Assembly on approving the investment orientation for the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period of 2021-2030;

Pursuant to Decree No. 05/2011/NĐ-CP dated January 14, 2011 of the Government on ethnic affairs;

Pursuant to Decree No. 138/2016/NĐ-CP dated October 1, 2016 of the Government on the issuance of the working regulations of the Government;

Pursuant to Resolution No. 139/NQ-CP dated October 2, 2020 of the Government on building and issuing criteria for identifying ethnic groups still encountering many difficulties and with special difficulties;

At the proposal of the Minister, Head of the Committee for Ethnic Minorities;

The Prime Minister promulgates this Decision on Criteria for Identifying Ethnic Groups Still Encountering Many Difficulties and With Special Difficulties in the Period of 2021-2025.

Article 1. Scope of Regulation

This Decision stipulates criteria for identifying ethnic groups still encountering many difficulties and with special difficulties in the period of 2021-2025.

Article 2. Applicability

1. Ethnic minorities living stably as communities in the areas of communes in Zone III and particularly difficult hamlets in ethnic minority and mountainous regions as defined in Decision No. 33/2020/QĐ-TTg dated November 12, 2020 of the Prime Minister and meeting the criteria specified in Article 3 of this Decision.

2. Relevant agencies, organizations, and individuals.

Article 3. Criteria for Identifying Ethnic Groups Still Encountering Many Difficulties and With Special Difficulties

1. An ethnic group encountering many difficulties is an ethnic group falling within the scope defined in Clause 1, Article 2 of this Decision and meeting one of the following criteria:

a) Having a poverty rate more than 1.5 times higher than the average poverty rate of the 53 ethnic minorities;

b) Having a rate of people aged 15 years and above who cannot read or write the common language more than 1.5 times higher than the average rate of people aged 15 years and above who cannot read or write the common language of the 53 ethnic minorities;

c) Having a mortality rate of children under one year old more than 1.5 times higher than the average mortality rate of children under one year old of the 53 ethnic minorities;

2. An ethnic group with special difficulties is an ethnic group falling within the scope defined in Clause 1, Article 2 of this Decision and having a population of less than 10,000 people,

Article 4. Procedures, formalities, and time limit for identifying ethnic groups still encountering many difficulties and with special difficulties in the period of 2021-2025

1. At commune level: Organize review, compilation, and preparation of reports as prescribed in Clause 1, Article 5 of this Decision, to be submitted to the People's Committee at district level within 15 working days from the date the People's Committee at district level issues instructions to implement and organize the process.

2. At district level: After receiving complete files from all communes, the People's Committee at district level shall instruct the review, inspection, compilation, and preparation of reports as prescribed in Clause 2, Article 5 of this Decision, to be submitted to the People's Committee at provincial level within 30 working days from the date the People's Committee at provincial level issues instructions to implement and organize the process.

3. At provincial level: After receiving complete files from all districts, the People's Committee at provincial level shall instruct the organization of review, verification, and completion of files as prescribed in Clause 3, Article 5 of this Decision, to be submitted to the Ethnic Committee within 45 working days from the date of receipt of the directive for implementation issued by the Ethnic Committee.

4. At central level: The Ethnic Committee shall compile, verify, and report to the Prime Minister for consideration and decision to approve the list of ethnic groups still encountering many difficulties and with special difficulties in the period of 2021-2025 within 45 working days from the date of receipt of complete files from the People's Committees at provincial level.

Article 5. Documents for identifying ethnic groups still facing many difficulties and special difficulties

1. Village-level documents submitted to district level: 02 sets, each set including: A consolidated report on data regarding the number of households, population, proportion of ethnic minority households, number of poor households of each ethnic minority living in the locality, and data and materials related to the criteria specified in Articles 2 and 3 of this Decision.

2. District-level documents submitted to provincial level: 01 set, including: A table evaluating the degree of achievement or non-achievement of the criteria for ethnic minorities in villages and data and materials related to the criteria specified in Articles 2 and 3 of this Decision.

3. Provincial-level documents submitted to the National Ethnic Committee: 01 set, including:

a) A report on results and a request for approval of the list of ethnic groups still facing many difficulties and special difficulties;

b) The decision approving the result of determining the poverty rate of competent authorities for households of ethnic minorities in villages and mountainous areas;

c) Data on population, number of households, population size, proportion of ethnic minority households, number of poor households of each ethnic minority living in villages, and data and materials related to the criteria specified in Articles 2 and 3 of this Decision;

d) A review report from the specialized agency responsible for ethnic affairs under the provincial People's Committee.

4. In cases where the documents and materials do not meet the requirements, within five working days from the date of receipt of the documents, the receiving agency must issue a written response and guidance for localities to be aware and implement.

Article 6. Funding for Implementation

The budget for organizing the implementation and preparing documents to identify ethnic groups still facing many difficulties and special difficulties during the period 2021-2025 shall be guaranteed by the state budget according to the current state budget management hierarchy.

Article 7. Implementation Organization

1. The National Ethnic Committee

a) Take the lead and coordinate with relevant ministries and sectors to guide, direct, and urge localities to conduct reviews and identify ethnic groups still facing many difficulties and special difficulties during the period 2021-2025 based on the criteria stipulated in this Decision;

b) Organize reviews, compile lists of ethnic groups still facing many difficulties and special difficulties during the period 2021-2025, and submit reports;

c) Summarize and evaluate the results of implementation during the period 2021-2025 and develop and submit to the competent authority for issuance of criteria to identify ethnic groups still facing many difficulties and special difficulties during the period 2026-2030.

2. People's Committees of provinces and centrally governed cities

a) Based on the criteria stipulated in this Decision, instruct the People's Committees at the district and village levels to organize reviews and prepare documents requesting approval of the list of ethnic groups still facing many difficulties and special difficulties during the period 2021-2025 to be submitted to the National Ethnic Committee;

b) Provide and be responsible for the accuracy of the relevant materials and data during the process of inspection and review to identify ethnic groups still facing many difficulties and special difficulties during the period 2021-2025 as prescribed in this Decision;

c) The specialized agency responsible for ethnic affairs under the provincial People's Committee has the responsibility to take the lead in advising and assisting the provincial People's Committee in directing, guiding, and implementing this Decision.

3. Review data for determining the criteria: Calculated as of December 31, 2019.

Article 8. Implementation clause

1. This Decision takes effect from February 15, 2021.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.