Decree No. 84/2012/NĐ-CP of 12 Octorber, 2012 Defining functions, duties, authorities and organizational structure of the Committee for Ethnic Minorities

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

Pursuant to the Government Decree No. 36/2012/NĐ-CP dated 18 April 2012 defining functions, duties, authorities and organizational structure of the ministries and the ministerial-level agencies;

Pursuant to Government Decree No. 05/2011/NĐ-CP dated 14 January 2011 on Ethnic Minorities Affairs;

On the proposal of Minister, Chairman of the Committee for Ethnic Minorities;

The Government promulgates decree defining functions, duties, authorities and organizational structure of the Committee for Ethnic Minorities.

Article 1. Position and Functions

The Committee for Ethnic Minorities, a ministerial-level agency under the Government, performs its functions of state management on ethnic minority affairs nationwide, and on public services within its authorities as prescribed by law.

Article 2. Duties and authorities

The Committee for Ethnic Minorities performs its tasks, authorities prescribed by Government Decree No 36/2012/NĐ-CP dated 18 April 2012 on defining functions, duties, authorities and organizational structure of ministries, ministerial-level agencies and the following specific duties and authorities:

1. To submit to the Government draft laws, draft resolutions of the National Assembly, ordinances, draft resolutions of Standing Committee of the National Assembly, draft resolutions and decrees of the Government based on annually approved programs and plans on laws making of the Committee for Ethnic Minorities as well as projects assigned by the Government and the Prime Minister.

2. To submit to the Government strategies, plans, five year & annual plans and national key projects in the domain of management of the Committee for Ethnic minorities.

3. To submit to the Government, the Prime Minister promulgate ethnic policy, specific policy, programs, plans, socio-economic development projects, assist to reduce poverty at communes, hamlets, villages facing socio economic status hardship, extreme hardship at ethnic minorities and mountainous areas, border and safe area communes, far and remote areas; policies on investment and support for life stabilization of ethnic minorities people, policies on support people in extreme hardship areas (rocky mountain, flash flood, pluvial flood, areas frequently affected by calamity); policies on preserving and developing ethnic minority groups of very small-sized population and arrange to implement policies, programs, projects and plans after promulgation.

4. To submit to the Government, the Prime Minister promulgate policies towards prestigious representative from ethnic minority groups, policies on officials, civil servants working in Ethnic minorities networks; co-ordinate with Ministry of Home Affairs in formulating, submit to authorized level to promulgate policies on mobilizing, increasing number of officials, civil servants working in ethnic minority areas.

5. To submit to the Prime Minister draft decisions, instructions and other documents related to ethnic affairs according to the assignment.

6. To chair or co-ordinate with Ministries, relevant organization submit to authorized level to promulgate policies on human resources in ethnic minorities and mountainous areas; policies on training, retraining, using ethnic minorities cadres, intellectual back-ground raising for ethnic minorities areas; policies on the execution of rights of using dialects and languages, scripts and writing of ethnic minorities people, preserving the national character and bringing into play the customs, habits, fine traditions and culture; policies on development training campus responds human resources for ethnic minorities and mountainous area.

7. To submit to authorized level promulgate or promulgate within its authority standards of classifying ethnic group, list of ethnic groups in Vietnam; standards of classifying ethnic minorities and mountainous areas based on development level, classifying list of communes and hamlets in ethnic minorities and mountainous based on development level, list of hard and extreme hard communes in ethnic minorities and mountainous areas.

8. To issue circulations, decisions, directions on aspects within state management of the Committee for Ethnic minorities; to provide inspection and checking legal documents relevant to ethnic affairs which are promulgated by ministries, people’s council, people’s committee of provinces and cities under the central government; is invited by lead agencies to participate in assessment of important draft legal documents related to ethnic policies implementation directly which are compiled by ministries, ministerial level agencies, governmental agencies.

9. To conduct, monitor, inspect and responsible for implementation all legal documents, strategies, projects, plans, policies, programs, concepts, national-important programs, decisions, directions approved in the domain of state management of the Committee for Ethnic Minorities.

10. To chair or co-ordinate with Ministries, ministerial level agencies, governmental agencies and socio-political organizations to make periodical reviews to evaluate the implementation of Communist Party’s guide –lines, policies and State’s laws related to ethnic minorities; to submit periodical and unscheduled reports to the Government, the Prime Minister as prescribed by the laws; to review the implementation ethnic policies in ministries, ministerial level agencies, government and local agencies; propose to the competent agencies promulgate, amend, supplement and perfect ethnic policy in accordance with the actual situation and requirements, ethnic tasks of Party and State.

11. To direct and guide to build the advanced examples are teams, typical individuals, prestigious in ethnic minorities areas; reward according to the competence or request to the competent authorities to commend typical teams and individuals that have outstanding achievements in labor, manufacturing, construction, socioeconomic development, maintain security and order, exemplary implement the guidelines and policies of Party, laws of state in ethnic minority areas.

12. To direct, guide and inspect the organization of Congress of ethnic minority at provincial level, commune level; organize exchange activities, exchange experiences between deputies of ethnic minorities, prestigious in ethnic minorities and other events related to ethnic affairs in order to strengthen the ethnic unity bloc of Vietnam.

13. To propagate and mobilize ethnic minorities implement guidelines, policies of Party, State laws, promote good traditional customs of ethnic groups; propagate, educate laws under state management of the Committee for ethnic minorities; coordinate with relevant ministries to develop and implement projects, plans to enhance the communication, provide information on the basis of ethnic minorities and mountainous areas, broadcast directly radio channels, ethnic programs on the internet; coordinate the implementation of the legal aid policies for ethnic minority people.

14. To monitor, inspect, review the situation of ethnic minority areas, the implementation of ethnic tasks at ministries, ministerial level agency, government and local agencies, propose to the competent agencies to consider, resolve issues related to ethnic affairs and ethnic minority people.

15. To build statistical indicator system under state management of ethnic issues, database system for ethnic issue, data on the ethnic minorities of Vietnam.

16. To inspect, do research, collect of socioeconomic development situation of ethnic groups, ethnic components, names, customs of ethnic minorities and other issues related to ethnic.

17. To inspect and examine the implementation of policies, legislation in the field of ethnic affairs; resolve the complaints, denunciations and petitions of citizens; to prevent and combat corruption, negative practices, handle violations of the law in the fields under state jurisdiction of the committee for ethnic minorities in accordance with the law.

18. To welcome, visit, coordinate with ministries, branches, localities to address the aspirations of ethnic minorities according to the policies, provisions of the law.

19. To coordinate with relevant ministries and agencies in planning, to submit to the government to allocate resource for poverty reduction in ethnic minority provinces; evaluate or participate in the evaluation of programs, projects and schemes, socioeconomic development plans in ethnic minority areas in accordance with the law.

20. To decide or organize the implementation of the administrative reform plan, public all kinds of administrative procedures in the field of ethnic affairs; perform other duties of administrative reforms in accordance with the law

21. To organize and direct the implementation of strategic research activities, ethnic policies, theoretical studies and review ethnic affairs practices, scientific research, technology, environment in the ethnic fields and ethnic minority areas; train human resource for ethnic minority areas.

22. Cooperate internationally under the state management of the committee for ethnic minorities in accordance with law regulation; collaborate with foreign organizations and individuals in doing research, exchanging experiences in ethnic affairs, attract investment resources to support development in ethnic minorities areas, socioeconomic conditions hardships and extreme hardships areas in accordance with law; manage, direct or participate in the implementation of programs, projects by foreign countries and international organizations funded and invested for ethnic minority areas in accordance with law.

23. State management of public services in the field of ethnic affairs; implement public services in the field or state management of the committee for ethnic minorities in accordance with law.

24. Management of organizational structure, payroll of civil servants, job positions, structure and employees under professional titles and number of people working in public service units; decide appointment, reappointment, maneuver, rotation, resignation, dismissal, seconded, reward, discipline, termination of employment, retirement, implementation the salary regime and other regimes, preferential policies for cadres and civil servants managed by the Committee of ethnic minorities in accordance with the law, training, foster in term of specialty and professional knowledge for officials, public servants and those work in ethnic affairs; promulgate the leadership titles, manage ethnic affairs agencies of People’s Committee of provinces and cities under Central government; coordinate with other relevant authorities in guiding the planning, training, fostering, using and managing ethnic minority staffs in the political system.

25. To estimate the annual budget; coordinate with ministry of Finance to make, synthesis estimated revenues, expenditures by sectors under its management to submit to the Government; to manage, implement and finalize the state budget; to implement other tasks about state budget, financial assets in accordance with the law.

26. To perform other duties, authorities assigned by the Government, the Prime Minister and implement in the accordance with the law.

Article 3. Organizational structure

The Committee for Ethnic Minorities has Minister, Chairman of the committee for ethnic minorities, deputy ministers, vice chairman of the committee for ethnic minorities and units under the committee for ethnic minorities:
1. The Planning-Finance Department;
2. The Organization and Personnel Department;
3. The Legal Department;
4. The International Cooperation Department;
5. The Inspectorate;
6. The Office;
7. The General Affairs Department;
8. The Department for Ethnic Minority-Policies;
9. The Propaganda Department;
10. Ethnic Minorities Department; 
11. Local Affairs Department I;
12. Local Affairs Department II;
13. Local Affairs Department III; 
14. The Ethnology Institute;
15. The Ethnicities and Development Newspaper;
16. The Information Center;
17. The Ethnicities Magazine;
18. The Ethnic Cadres School;
19. The Ethnic Guest House.

The units defined in Clause 1 thru Clause 13 of this Article shall assist the Ministers, Chairman of the Committee for Ethnic Minorities to implement the State management function; the units defined in Clause 14 thru Clause 19 are non-business units serve the State management functions of the Committee for Ethnic Minorities.

The Planning – Finance Department, The Department of Ethnic minorities policy, Local Affairs Department II, Local Affairs Department III are set up 2 divisions in department; The Office of the Ethnic Minorities has division and representative office in Ho Chi Minh City.

Article 4. Effect

1. This Decree takes effect from the date of 1st December 2012.

2. This Decree replaces the Government Decree No. 60/2008/NĐ-CP dates 9th May 2008 defining functions, tasks, authorities and organizational structure of the Committee for Ethnic Minorities; abolish previous regulation contrary to this Decree.

Article 5. Responsibility for Implementation

All the ministers, head of ministerial-level agencies, head of government agencies and Chairman of the People’s Committee of provinces and cities directly under the Central Government are responsible for implement this Decree./.