Decision No. 95/2008/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Management Board of the Ethnic Village Cultural Tourism.

Pursuant to …;

||| Regulations on functions, tasks, powers, and organizational structure of

||| Management Board of the Ethnic Cultural Villages and Tourism

 ___________________________

PRIME MINISTER

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

||| Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

||| Considering the proposal of the Minister of Culture, Sports and Tourism.

DECISION:

Article 1. Position and Functions

||| 1. The Management Board of the Ethnic Cultural Villages and Tourism is an agency under the Ministry of Culture, Sports and Tourism, implementing state management functions directly over the Ethnic Cultural Villages and Tourism according to the provisions of the law.

||| 2. The Management Board of the Ethnic Cultural Villages and Tourism (equivalent to a General Department) has legal personality, uses a seal with the National Emblem, opens accounts at the State Treasury and banks; it is the focal point for investment planning and banking at the central level (first-level budget unit), and decides on revenue and expenditure from the state budget within the fields of development investment, administrative and public services, target programs, and other areas as prescribed by law.

Article 2. Tasks and Powers

||| The Management Board of the Ethnic Cultural Villages and Tourism performs the following tasks and powers:

1. Drafting and submitting to the Minister of Culture, Sports and Tourism for submission to the Prime Minister to decide on approval or issuance:

||| a) Annual and long-term development plans for the Ethnic Cultural Villages and Tourism;

||| b) Preferential mechanisms and policies for the Ethnic Cultural Villages and Tourism that are appropriate to the actual conditions of development during each period;

||| c) Schemes for issuing construction bonds and government bonds to meet the development requirements of the Ethnic Cultural Villages and Tourism.

2. Submitting to the Minister of Culture, Sports and Tourism for approval or issuance:

||| a) Group A investment projects funded by the state budget within the Ethnic Cultural Villages and Tourism according to the provisions of the law;

||| b) Regulations on organization and operation, and management and exploitation regulations for the Ethnic Cultural Villages and Tourism.

3. Regarding planning management:

||| a) Directing the preparation, approval, management, and supervision of detailed planning for functional zones within the Ethnic Cultural Villages and Tourism;

||| b) Issuing, adjusting, and revoking construction planning certificates for projects within the Ethnic Cultural Villages and Tourism.

4. Regarding investment and construction management:

a) Directing and organizing the implementation of construction projects funded by the state budget within the Vietnam Ethnic Village - Tourism in accordance with the law;

||| b) Deciding on investment for Group B and C projects using state budget funds within the Ethnic Cultural Villages and Tourism; applying and deciding on the selection of units participating in the construction of the Ethnic Cultural Villages and Tourism through BOT, BTO, BT forms;

c) Issuing, reissuing, extending, adjusting, and revoking permits and certificates as follows in accordance with the law:

||| - Investment certificates for projects investing in the Ethnic Cultural Villages and Tourism, including projects already approved by the Prime Minister for investment orientation;

||| - Business registration certificates for organizations and individuals establishing and managing enterprises within the Ethnic Cultural Villages and Tourism;

||| - Construction permits for projects within the Ethnic Cultural Villages and Tourism;

||| - Work permits for foreigners and overseas Vietnamese coming to work and invest in the Ethnic Cultural Villages and Tourism;

- Other permits and certificates as prescribed by law.

||| d) Directly receiving and managing, using Official Development Assistance (ODA) funds according to the provisions of the law.

5. Regarding land management and use:

||| a) The Management Board of the Ethnic Cultural Villages and Tourism is granted land (including land and water surface according to approved planning) once for building and developing the Ethnic Cultural Villages and Tourism; it can transfer land, water surface land with payment and without payment; lease land, water surface land, transfer land use rights, water surface land use rights, and certify land use rights for investors according to the provisions of the Land Law;

||| b) Taking the lead and coordinating with local authorities and relevant agencies to organize compensation, clearance, and land management (including water surface) within the Ethnic Cultural Villages and Tourism;

||| c) Directing the preparation and approval of detailed land and water surface use planning for the area of land and water surface allocated within the Ethnic Cultural Villages and Tourism;

||| d) Approving land prices within the framework set by authorized state agencies; organizing bidding for land use rights within the scope of the Ethnic Cultural Villages and Tourism.

6. Regarding natural resource and environmental management and protection:

||| a) Approving environmental impact assessment reports for investment projects within the Ethnic Cultural Villages and Tourism according to the provisions of the law;

||| b) Managing and inspecting the implementation of measures to protect natural resources and the environment within the Ethnic Cultural Villages and Tourism; handling or recommending competent authorities to handle violations of laws on natural resource and environmental protection according to the provisions of the law.

7. Organizing management and exploitation:

||| a) Uniformly managing exploitation, business, service activities, and the use of investment works within the Ethnic Cultural Villages and Tourism; directly exploiting, operating, and using works invested by the state and those assigned by the Ministry of Culture, Sports and Tourism;

||| b) Coordinating with local authorities and relevant agencies, and project investors to ensure security, order, fire prevention, firefighting, and cultural practices during the construction and management, exploitation of works within the Ethnic Cultural Villages and Tourism.

8. Collecting, managing, and using various fees and charges in accordance with the law.

9. Organizing cultural, information, scientific research, collection, conservation, dissemination, and promotion of ethnic cultural values.

||| 10. Cooperating, joint venturing, and linking with domestic and foreign organizations and individuals in areas related to investment, construction, and management, exploitation of the Ethnic Cultural Villages and Tourism; hiring foreign consultants to provide investment promotion advisory services, strategic advisory services on investment, construction, and development of the Ethnic Cultural Villages and Tourism according to the provisions of the law.

||| 11. Organizing investment promotion, trade, tourism, publicity, and introduction activities both domestically and internationally to attract investment capital for the Ethnic Cultural Villages and Tourism project in accordance with suitable forms prescribed by the law; receiving and resolving difficulties and obstacles arising during operations within the Ethnic Cultural Villages and Tourism according to its authority.

||| 12. Managing and organizing training for human resources serving the operation and development of the Ethnic Cultural Villages and Tourism.

13. Manage organizational structure, staffing; implement policies and regulations for cadres, civil servants, public officials, and workers under the Management Board of the Vietnam Ethnic Village Cultural and Tourism according to the provisions of the law.

14. Organize and coordinate with state management agencies in inspection, supervision, handling complaints, accusations, preventing corruption, waste, negativity, and dealing with violations of laws on planning, investment, environment, land, and other fields at the Vietnam Ethnic Village Cultural and Tourism according to the provisions of the law.

15. Manage and utilize financial resources and assets allocated in accordance with the law.

16. Report periodically to the Minister of Culture, Sports and Tourism, relevant Ministries, and agencies on the implementation of planning, construction, and development of the Vietnam Ethnic Village Cultural and Tourism.

17. Perform other tasks and powers delegated by the Minister of Culture, Sports and Tourism and according to the provisions of the law;

Article 3. Organizational Structure

1. Office.

2. Inspection Department.

3. Organization and Cadre Department.

4. Planning and Finance Department.

5. Planning, Architecture, and Environment Department.

6. National Cultural Affairs Department.

7. External Relations and Investment Promotion Department.

8. Ethnic Village Management Zone Department.

9. Information and Data Center.

10. Vietnam Village Magazine.

11. Vietnam Ethnic Village Cultural and Tourism Development Investment Company.

The organizations from Clause 1 to Clause 7 of this Article are administrative organizations assisting the Director in performing state management functions; organizations from Clause 8 to Clause 11 are affiliated units and enterprises under the Management Board of the Vietnam Ethnic Village Cultural and Tourism. The Director of the Management Board of the Vietnam Ethnic Village Cultural and Tourism decides to establish Investment and Construction Departments to implement investment projects according to the provisions of the law.

Based on requirements and actual conditions, the Director of the Management Board of the Vietnam Ethnic Village Cultural and Tourism submits to the Minister of Culture, Sports and Tourism for decision to establish new public service organizations, to convert ownership forms of enterprises, and to submit to the Prime Minister for decision to establish new administrative organizations under the Management Board of the Vietnam Ethnic Village Cultural and Tourism.

The Director of the Management Board of the Vietnam Ethnic Village Cultural and Tourism stipulates the functions, tasks, authorities, and organizational structures of assisting organizations and affiliated units.

Staffing within the administrative management system of the Management Board of the Vietnam Ethnic Village Cultural and Tourism is assigned by the Minister of Culture, Sports and Tourism within the total staffing quota of the Ministry of Culture, Sports and Tourism.

Public service staffing of the Management Board of the Vietnam Ethnic Village Cultural and Tourism is decided by the Director of the Management Board of the Vietnam Ethnic Village Cultural and Tourism.

Article 4. Leader

1. The Management Board of the Vietnam Ethnic Village Cultural and Tourism has a Director and not more than three Deputy Directors.

2. The Director and Deputy Directors are appointed, relieved, transferred, or reassigned by the Minister of Culture, Sports and Tourism in accordance with the law.

3. The Director of the Management Board of the Vietnam Ethnic Village Cultural and Tourism is responsible before the Minister of Culture, Sports and Tourism and the law for all activities of the Management Board of the Vietnam Ethnic Village Cultural and Tourism. Deputy Directors are responsible before the Director and the law for their assigned areas of work.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect 15 days from the date of publication in the Official Gazette and replaces Decision No. 15/2006/QĐ-TTg dated January 18, 2006, of the Prime Minister on the functions, tasks, authorities, and organizational structure of the Management Board of the Vietnam Ethnic Village Cultural and Tourism.

2. The Minister of Culture, Sports and Tourism, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, and the Director of the Management Board of the Vietnam Ethnic Village Cultural and Tourism are responsible for implementing this Decision./.