Decree No. 84/2012/ND-CP on the functions, tasks, powers, and organizational structure of the Committee for Ethnic Minority Affairs

DECREE

Article 1 stipulates the functions, tasks, powers, and organizational structure of the Committee for Ethnic Minority Affairs.

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

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. 05/2011/ND-CP dated January 14, 2011 of the Government on Ethnic Affairs;

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

The Government promulgates a Decree stipulating the functions, tasks, powers, and organizational structure of the Committee for Ethnic Minority Affairs.

Article 1. Position and Functions

The Committee for Ethnic Minority Affairs is an agency at the level of a Ministry under the Government, performing state management functions regarding ethnic affairs throughout the country; managing state services within the scope of management of the Committee for Ethnic Minority Affairs as prescribed by law.

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;

The Committee for Ethnic Minority Affairs performs the tasks and powers specified in Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and agencies at the level of Ministries, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government according to the annual program and plan on legislative development of the Committee for Ethnic Minority Affairs that has been approved, and resolutions, projects, and programs assigned by the Government and the Prime Minister.

2. Submit to the Government and the Prime Minister strategic plans, planning, long-term, five-year, and annual plans, and important national projects and works within the scope managed by the National Ethnic Committee.

3. Submit to the Government and the Prime Minister for issuance policies on ethnic minorities, special policies, programs, projects, and programs to develop socio-economic conditions, poverty reduction in communes, villages, and hamlets with difficult socio-economic conditions, particularly difficult conditions in ethnic minority and mountainous regions, border communes, safe zones, remote areas, highland areas, and mountainous areas; investment and support policies to stabilize the lives of ethnic minority groups; policies and projects to support people in extremely difficult areas (rocky mountains, flash floods, flood tubes, areas frequently affected by natural disasters); policies and projects to conserve and develop very small ethnic minority groups, and organize the implementation of policies, programs, projects, and programs after issuance.

4. Submit to the Government and the Prime Minister for issuance policies towards persons of influence among ethnic minority groups; special policies for cadres and civil servants working in ethnic affairs in the system of agencies; coordinate with the Ministry of Home Affairs to build and submit to competent authorities for issuance policies to attract and strengthen cadres, civil servants, and public officials working in ethnic minority and mountainous regions.

5. Submitting to the Prime Minister for approval draft decisions, directives, and other documents on ethnic affairs according to the division of labor.

6. Take the lead or coordinate with relevant Ministries and agencies to submit to competent authorities for issuance policies on human resource development in ethnic minority and mountainous regions; training, capacity building, and utilization policies for cadres from ethnic minority groups, raising the cultural literacy of ethnic minority regions; policies for ethnic minority groups to exercise their right to use their language and script, maintain their ethnic identity, and promote their good customs, traditions, and culture; policies to develop educational institutions to meet the human resource needs of ethnic minority and mountainous regions.

7. Submit to competent authorities for issuance or issue within its authority criteria for determining ethnic components, lists of ethnic components of Vietnam; criteria for defining ethnic minority and mountainous regions based on levels of development, lists of communes, villages classified as ethnic minority and mountainous regions based on levels of development, lists of communes in ethnic minority and mountainous regions in difficult and particularly difficult areas.

8. Issue circulars, decisions, directives within the scope of state management of the Committee for Ethnic Minority Affairs; inspect and review normative legal documents issued by Ministries, People's Councils, Provincial People's Committees, and centrally governed city People's Committees related to ethnic affairs; be invited by the main reviewing body to participate in the review of important normative legal documents drafted by Ministries, agencies at the level of Ministries, and government agencies directly related to ethnic policies.

9. Direct, guide, inspect, and bear responsibility for organizing the implementation of normative legal documents, strategies, plans, policies, programs, projects, programs, and important national works, decisions, and directives already issued or approved within the scope of state management of the Committee for Ethnic Minority Affairs.

10. Take the lead or coordinate with Ministries, agencies at the level of Ministries, government agencies, and political-social organizations to conduct mid-term reviews, final evaluations, and assessments of the organization and implementation of Party guidelines, state laws related to ethnic affairs, report regularly and urgently to the Government and the Prime Minister as prescribed; review the implementation of ethnic policies in Ministries, agencies at the level of Ministries, government agencies, and localities; propose competent authorities to issue, amend, supplement, and perfect ethnic policies to suit actual circumstances and the requirements and tasks of ethnic work of the Party and State.

11. Direct, guide the construction of exemplary models as outstanding collectives, individuals, and influential persons in ethnic minority regions; award commendations within its authority or propose competent authorities to award commendations to outstanding collectives and individuals with excellent achievements in labor, production, economic and social development, maintaining security and order, and setting examples in implementing Party guidelines and state laws in ethnic minority regions.

12. Direct, guide the implementation and inspect the organization of provincial and district-level Ethnic Minorities Congresses; organize exchange activities, experience sharing between ethnic minority representatives, influential persons among ethnic minority groups, and other events related to ethnic affairs to enhance the solidarity of ethnic groups in Vietnam.

13. Propaganda and mobilize ethnic minority compatriots to implement the Party's guidelines, policies, and state laws; promote good customs, traditions, and practices of ethnic groups; propagate, disseminate, and educate on laws within the scope of state management of the National Ethnic Committee; coordinate with relevant ministries and sectors to build and implement projects and programs to strengthen communication work, provide information to grassroots areas in ethnic minority regions and mountainous areas through online broadcasting of ethnic radio and television channels on the Internet; coordinate to implement legal aid policies for ethnic minority compatriots.

14. Monitor, inspect, and compile the situation in ethnic minority regions, the implementation of ethnic affairs tasks by ministries, ministerial-level agencies, government-affiliated agencies, and localities; propose recommendations and suggestions to competent authorities for consideration and resolution of issues related to ethnic affairs and ethnic minority compatriots.

15. Establish a system of statistical indicators within the scope of state management of ethnic affairs, a database on ethnic affairs, and a database on Vietnamese ethnic minorities.

16. Conduct surveys, research, and compile reports on the socio-economic development of ethnic groups, ethnic components, ethnic names, customs, and traditions of ethnic minorities, and other issues related to ethnicity.

17. Inspect and supervise the implementation of policies and laws in the field of ethnic affairs; resolve complaints, denunciations, and citizen proposals; prevent and combat corruption and misconduct, and handle violations of law in fields under the National Ethnic Committee’s state management according to the law.

18. Receive, visit, and coordinate with ministries, sectors, and localities to address the wishes of ethnic minority compatriots according to regulations, policies, and legal provisions.

19. Coordinate with relevant ministries and agencies in planning and submitting to the Government for allocation of resources to reduce poverty in ethnic minority regions; review or participate in reviewing programs, projects, plans, and development initiatives for ethnic minority regions according to the law.

20. Decide and organize the implementation of administrative reform plans, publicize administrative procedures within the scope of ethnic affairs management; perform other administrative reform tasks according to the law.

21. Organize and direct the implementation of activities researching ethnic strategies and policies, theoretical studies, and practical summaries of ethnic affairs work; scientific research, technology, and environmental studies in the field of ethnic affairs and ethnic minority regions; train human resources for ethnic minority regions.

22. International cooperation in fields under the National Ethnic Committee’s state management according to the law; coordinate with foreign organizations and international organizations in studying, exchanging experiences on ethnic affairs, attracting resources to support investment and development in ethnic minority regions, and regions with difficult socio-economic conditions according to the law; manage, direct, or participate in implementing programs and projects funded and invested by foreign countries and international organizations in ethnic minority regions according to the law.

23. Manage public services within the scope of ethnic work; implement public services in the field of State management of the National Ethnic Committee as prescribed by law.

24. Manage organizational structure, civil servant staffing, job positions, occupational structure, and the number of employees in public service units; decide on appointments, reappointments, transfers, rotations, resignations, dismissals, secondments, rewards, disciplinary actions, retirements, and salary systems and incentive policies for cadres, civil servants, and staff managed by the National Ethnic Committee according to the law; train and enhance professional skills for cadres, civil servants, staff, and those engaged in ethnic affairs; issue standards for leadership and management positions in ethnic affairs agencies under provincial and centrally-administered city people's committees; coordinate with relevant functional agencies in guiding cadre planning, training, enhancement, utilization, and management for ethnic minority cadres in the political system.

25. Develop annual budget estimates; coordinate with the Ministry of Finance to establish and consolidate revenue and expenditure budgets by sector and field within the scope of management for submission to the Government; manage, organize the implementation, and settle the state budget; perform other tasks related to the state budget, finance, and assets according to the law.

26. Perform other tasks and powers delegated by the Government and the Prime Minister and as prescribed by law.

Article 3. Organizational Structure

The National Ethnic Committee consists of the Minister-Chairman of the National Ethnic Committee, Deputy Ministers-Vice Chairmen of the National Ethnic Committee, and units under the National Ethnic Committee:

1. Department of Planning and Finance;

2. Department of Organization and Cadre Affairs;

3. Legal Department;

4. Department of International Cooperation;

5. Inspectorate;

6. Office;

7. General Department;

8. Department of Ethnic Policies;

9. Propaganda Department;

10. Department of Ethnic Minorities;

11. Localities Department I;

12. Localities Department II;

13. Localities Department III;

14. Institute of Ethnic Groups;

15. Ethnic Minorities and Development Newspaper;

16. Information Center;

17. Ethnicity Magazine;

18. Ethnic Cadres School;

19. Ethnic Guest House.

In this Article, units from Clause 1 to Clause 13 assist the Minister-Chairman of the National Ethnic Committee in performing state management functions; units from Clause 14 to Clause 19 serve the state management functions of the National Ethnic Committee.

The Planning-Finance Department, Ethnic Policy Department, Localities II Department, Localities III Department shall be established with two divisions in each department; the Office of the National Ethnic Committee has a division and a representative office in Ho Chi Minh City.

Article 4. Effective date

1. This Decree takes effect from December 1, 2012.

2. This Decree replaces Decree No. 60/2008/NĐ-CP dated May 9, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the National Ethnic Committee; abolishes previous provisions that conflict with this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.