Decree No. 53/2004/ND-CP stipulates principles, criteria, and organizational models for ethnic minority affairs bodies at local government levels. This Decree aims to strengthen state management over ethnic minority affairs, aligning with practical needs and administrative reform.
适用范围
People's Committees at all levels (provincial, centrally governed cities, districts, counties, provincial-level towns and cities, communes, wards, and towns).
要点
- Provincial level → Establish an Ethnic Minorities Board when there are at least one of the following three criteria: more than 20,000 concentrated ethnic minorities, less than 5,000 people requiring development support, or located in areas critical for national security and defense.
- Provincial level → Organize an Ethnic Minorities Board under the Provincial People's Committee or a Department with multi-sectoral management functions if the above criteria are not met.
- District level → Establish an Ethnic Minorities Office when there are at least 5,000 people requiring development support, or located in areas critical for national security and defense.
- District level → Organize a multi-sectoral management office if the above criteria are not met, but ensure the number of offices as prescribed and allocate dedicated staff for ethnic minority affairs.
- Commune level → Assign a member of the Commune People's Committee to concurrently handle ethnic minority affairs.
🌐 本文件的社会影响
- Positive impact: Strengthen state management over ethnic minority affairs, aligning with practical needs and administrative reform.
- Negative impact: May cause difficulties in delineating functions among departments, particularly during restructuring of the organizational structure.
- Beneficiaries: State management agencies responsible for ethnic minority affairs.
- Affected parties: Local governments at various levels need to adjust their organizational structures and resources to implement this Decree.
❓ 常见问题
When does a provincial Ethnic Minorities Board get established?
When there are at least one of the following three criteria: more than 20,000 concentrated ethnic minorities, less than 5,000 people requiring development support, or located in areas critical for national security and defense.
When does a district Ethnic Minorities Office get established?
When there are at least 5,000 people requiring development support, or located in areas critical for national security and defense.
Is the provincial Ethnic Minorities Board subordinate to the Provincial People's Committee or a Department?
Subordinate to the Provincial People's Committee if the prescribed criteria are met.
Does the commune have its own organization?
No, a member of the Commune People's Committee is assigned to concurrently handle ethnic minority affairs.
When does this Decree take effect?
Fifteen days after publication in the Official Gazette.
全文
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
|
Number: 53/2004/NĐ-CP |
HA NOI, FEBRUARY 18, 2004 |
DECREE
On improving the organizational structure for ethnic affairs under people's committees at all levels
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
To implement Resolution No. 7 of the Ninth Plenum of the Central Committee of the Communist Party of Vietnam on ethnic affairs;
At the proposal of the Minister of Home Affairs and the Minister, Chairman of the National Ethnic Minorities Committee,
DECREE
Article 1. Principles for improving the organizational structure for ethnic affairs
1. Strengthening state management responsibilities for ethnic affairs to meet new requirements and tasks.
2. Being appropriate to the workload and practical needs of ethnic affairs at local levels.
3. Being streamlined and effective; establishing multi-sectoral and multi-domain administrative agencies to align with the policy of administrative reform.
Article 2. Criteria and models for organizing ethnic affairs at provincial level (hereinafter referred to as provincial level)
1. Establishing the Ethnic Affairs Board as an advisory body assisting the provincial People's Committee in performing state management functions in the field of ethnic affairs, having its own seal and separate account when meeting at least one of the following criteria:
a) Having more than 20,000 (twenty thousand) ethnic minority people living together in village or hamlet communities;
b) Having less than 5,000 (five thousand) ethnic minority people requiring concentrated assistance and support from the State for development;
c) Having ethnic minority people residing in areas critical for security and defense; intercropping and inter-settlement areas; border areas with many ethnic minorities of our country and neighboring countries frequently crossing back and forth.
2. For provinces where ethnic minority people reside but do not meet the conditions stipulated in Clause 1 of this Article, organizing ethnic affairs according to one of the two models below:
a) The Ethnic Affairs Board directly under the provincial People's Committee, subject to direct leadership by the provincial People's Committee on professional matters, and the Provincial People's Committee Office ensuring material infrastructure, funding, means of work, and working conditions;
b) A department with multi-sectoral and multi-domain state management functions, including ethnic affairs and other related professional functions, directly under the provincial People's Committee.
3. Criteria and models for organizing ethnic affairs at district level (hereinafter referred to as district level):
Based on the characteristics and workload of state management over ethnic affairs within the district, organizing ethnic affairs at the district level as follows:
a) Establishing the Ethnic Affairs Department under the district People's Committee when meeting one of the following criteria:
- Having at least 5,000 (five thousand) ethnic minority people requiring concentrated assistance and support from the State for development;
- Having ethnic minority people residing in areas critical for security and defense; intercropping and inter-settlement areas; border areas with many ethnic minorities of our country and neighboring countries frequently crossing back and forth.
b) For districts where ethnic minority people reside but do not meet the above criteria, organizing ethnic affairs as follows:
- Establishing a multi-sectoral and multi-domain administrative department, including ethnic affairs and other related professional functions, under the district People's Committee but must ensure the number of departments at the district level in accordance with Decree No. 12/2001/NĐ-CP dated March 27, 2001 of the Government;
- Assigning specialized staff for ethnic affairs in the People's Council and People's Committee Office or existing specialized departments of the district People's Committee.
4. For communes, wards, towns (hereinafter referred to as commune level) where ethnic minority people reside, no separate organization shall be established, but a member of the commune People's Committee shall be assigned to oversee and organize the implementation of ethnic affairs.
Article 3. Authority to establish ethnic affairs agencies under people's committees at all levels
1. The provincial People's Committee, based on the principles and criteria for improving the organizational structure for ethnic affairs stipulated in this Decree, shall develop a proposal for improving the organizational structure for ethnic affairs at various levels in their locality for consideration and decision by the provincial People's Council.
2. For provinces that have already established ethnic affairs agencies, there is no need to go through the establishment procedures again.
3. The Chairman of the provincial People's Committee shall define the functions, duties, powers, organizational structure, and staffing of the ethnic affairs agency in accordance with guidelines from the Minister of Home Affairs and the Minister and Head of the Ethnic Minorities Committee; report to the Prime Minister, the Ministry of Home Affairs, and the Ethnic Minorities Committee on the improvement of ethnic affairs organizations in their locality.
Article 4. Effectiveness
This Decree shall take effect fifteen days after its publication in the Official Gazette.
Article 5. Responsibility for Implementation
The Minister and Head of the Ethnic Minorities Committee, the Minister of Home Affairs shall be responsible for guiding and monitoring the implementation of this Decree.
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.
|
PRIME MINISTER (Signed) Phan Van Khai |
关系图
点击文件即可打开。红色边框＝改变效力的关系。