Decree 66/2022/ND-CP functions, tasks, powers, organizational structure of the Committee for Ethnic Minority Affairs

DECREE

Defining the functions, tasks, powers and organizational structure of the Committee for Ethnic Minority Affairs^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

Pursuant to the Government’s Decree No. 05/2011/ND-CP of January 14, 2011, on ethnic minority affairs;

At the proposal of the Minister-Chairperson of the Committee for Ethnic Minority Affairs;

The Government promulgates the Decree defining 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 a ministerial-level agency of the Government which performs the state management of ethnic minority affairs nationwide; and performs the state management of public services under its management in accordance with law.

Article 2. Tasks and powers

The Committee for Ethnic Minority Affairs has the tasks and powers specified in Decree No. 123/2016/ND-CP, and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee, and draft decrees of the Government according to approved annual lawmaking programs and plans of the Government, and resolutions, projects and schemes as assigned by the Government or Prime Minister.

2. To submit to the Government or Prime Minister strategies, master plans, long-term, medium-term and annual development plans, as well as national important projects and works in the fields falling under the Committee’s state management.

3. To submit to the Government or Prime Minister for further submission to the National Assembly  for promulgation policies on ethnic minority affairs; criteria for identifying ethnic minority groups and the list of Vietnamese ethnic minority groups; particular policies, programs, projects and schemes on socio-economic development in communes, villages and hamlets with difficult or extremely difficult socio-economic conditions in ethnic minority and mountainous areas, border communes, and communes in former safety zones; policies on investment and support to stabilize the lives of ethnic minority people; policies and projects to support inhabitants in extreme difficulty-hit areas; and policies and projects on conservation and development of ethnic minority groups with a very small population and ethnic minority groups meeting with numerous difficulties or particular difficulties.

4. To submit to the Government or Prime Minister for promulgation policies toward prestigious persons in ethnic minority communities; to coordinate with related ministries and sectors in submitting to competent authorities for promulgation policies on development of human resources, attraction and addition of cadres, civil servants and public employees to work in ethnic minority and mountainous areas; policies on raising of the intellectual level, training, further training and employment of ethnic minority officials, and particular policies for cadres and civil servants of agencies engaged in ethnic minority affairs; policies for ethnic minority people to exercise the right to use their spoken and written languages, preserve the national identity and their fine customs, habits, traditions and cultures; and policies on investment in and development of education and training institutions to meet the needs of education and training activities in ethnic minority and mountainous areas.

5. To submit to the Prime Minister drafts of decisions, directives and other documents on ethnic minority affairs as assigned.

6. To submit to competent authorities for promulgation, or to promulgate according to its competence, criteria for identifying ethnic minority and mountainous areas by development level, and the list of ethnic minority and mountainous communes and villages by development level, and criteria for identifying ethnic minority groups meeting with numerous difficulties or particular difficulties.

7. To promulgate circulars, decisions and directives within the scope of its state management; to examine legal documents concerning ethnic minority affairs which are promulgated by ministries and provincial-level People’s Councils and People’s Committees; to participate in the formulation of legal documents related to ethnic minority policies in accordance with regulations on promulgation of legal documents and relevant current regulations.

8. To assume the prime responsibility for conducting preliminary and final reviews and evaluation of the implementation of the Party’s line, guidelines and policies and the State’s laws related to ethnic minority affairs, and regularly or irregularly report thereon to the Government or Prime Minister in accordance with law; to act as the focal-point agency in monitoring, summarizing, reviewing, and urging the implementation of, ethnic minority policies at ministries, ministerial-level agencies and government-attached agencies and in localities; to propose competent agencies to promulgate, amend, supplement and improve ethnic minority policies to make them suitable to reality as well as requirements and tasks concerning ethnic minority affairs set by the Party and the State.

9. To coordinate with related ministries and agencies in formulating plans on, and allocating, resources for socio-economic development and other resources to localities in ethnic minority and mountainous areas; to propose, and participate in the appraisal of, programs, projects, schemes and policies on ethnic minority and mountainous areas in accordance with law.

10. To direct, guide and organize the implementation of legal documents, strategies, master plans, plans, policies, programs, projects, schemes, national target programs, national important works, decisions and directives within the scope of its state management after they are promulgated or approved.

11. To direct and guide the development of advanced models being typical collectives and individuals and prestigious persons in ethnic minority communities; to commend according to its competence or propose competent authorities to commend typical collectives and individuals with outstanding achievements in work, production, construction, socio-economic development, security and social order maintenance, and implementation of the Party’s guidelines and policies and the State’s laws in ethnic minority and mountainous areas.

12. To direct, guide and examine the organization of provincial- and district-level congresses of delegates of ethnic minority groups; to organize activities for exchanging and sharing experiences among delegates of ethnic minority groups and prestigious persons in ethnic minority communities and hold other events related to ethnic minority affairs in order to strengthen Vietnam’s national unity bloc.

13. To direct the implementation of, and mobilize ethnic minority people to implement, the Party’s line, guidelines and policies and the State’s laws and promote their fine customs, habits and traditions; to conduct law dissemination and education within the scope of its state management; to coordinate with related ministries and sectors in formulating, and organizing the implementation of, schemes and projects to increase public communication in ethnic minority and mountainous areas and carry out online broadcast of programs of radio and television channels for ethnic minority people in the internet; to coordinate in the implementation of the legal aid policy for ethnic minority people.

14. To organize and direct scientific research into strategic, basic and urgent issues concerning ethnic minority affairs and policies; to conduct theoretical research and practical review of ethnic minority affairs; to apply and transfer scientific and technological advances and ensure environmental protection in ethnic minority and mountainous areas; to carry out activities for the application of information technology and digital transformation; to build infrastructure for connection and sharing of information and data on ethnic minority affairs within and outside the Committee for Ethnic Minority Affairs.

15. To carry out international cooperation in the domains under its state management in accordance with law; to attract resources to support development investment for ethnic minority and mountainous areas and areas meeting with difficult or extremely difficult socio-economic conditions in accordance with law; to manage, direct or participate in the implementation of programs and projects funded or invested by foreign partners or international organizations in ethnic minority and mountainous areas in accordance with law.

16. To manage specialized schools and other education institutions as assigned by competent authorities in accordance with law.

17. To develop a system of statistical indicators within the scope of state management of ethnic minority affairs, a database on ethnic minority affairs and a set of data on Vietnam’s ethnic minority groups.

18. To investigate, survey, study and summarize information on ethnic minority groups, their socio-economic development situation, names, customs and habits and other related matters.

19. To inspect and examine the implementation of policies and laws in ethnic minority affairs; to settle complaints, denunciations and petitions of citizens; to prevent and fight corruption and negative practices and handle violations of law in the domains under its state management in accordance with law.

20. To monitor, examine and summarize the situation in ethnic minority and mountainous areas and the performance of ethnic minority tasks at ministries, ministerial-level agencies and government-attached agencies and in localities; to propose competent agencies to consider and settle matters related to ethnic minority affairs and ethnic minority people.

21. To receive and visit, and coordinate with ministries, sectors and localities in responding to aspirations of, ethnic minority people in accordance with regulations, policies and law.

22. To decide on and organize the implementation of its administrative reform plan and publicize administrative procedures related to ethnic minority affairs; to perform other administrative reform tasks in accordance with law.

23. To perform the state management of public services related to ethnic minority affairs; to provide public services in the domains under its state management in accordance with law.

24. To manage its organizational apparatus and payroll of civil servants, number of public employees, working positions and structure of ranks of civil servants and public employees according to professional titles; to decide on the appointment, re-appointment, transfer, rotation, seconding, resignation from office, relief from duty, dismissal, commendation, disciplining, work cessation, and retirement of, salary regime and policies on preferential treatment, training, and further training, toward cadres, civil servants, public employees and employees under its management under regulations.

25. To make annual budget estimates; to coordinate with the Ministry of Planning and Investment and Ministry of Finance in formulating and summarizing budget revenue-expenditure estimates by sector and domain under its management for submission to the Government; to manage, organize the implementation of, and conduct account-finalization of, state budget funds; to perform other tasks related to management of state budget, finance and assets in accordance with law.

26. To perform other tasks and exercise other powers assigned by the Government or Prime Minister and in accordance with law.

Article 3. Organizational structure

1. The Planning-Finance Department.

2. The Organization and Personnel Department.

3. The Legal Affairs Department.

4. The International Cooperation Department.

5. The General Affairs Department.

6. The Department for Ethnic Minority Policies.

7. The Propaganda Department.

8. The Ethnic Minority Department.

9. The Department for Local Ethnic Minority Affairs.

10. The Inspectorate.

11. The Office.

12. The Vietnam Academy for Ethnic Minorities.

13. The Digital Transformation Center.

14. The Ethnic Minority and Development Newspaper.

15. The Ethnic Minority Review.

16. The Ethnic Minority Guest House.

The units defined in Clauses 1 thru 11 of this Article are those assisting the Minister-Chairperson of the Committee for Ethnic Minority Affairs in performing the state management function; the units defined in Clauses 12 thru 16 are non-business units serving the state management function of the Committee for Ethnic Minority Affairs.

The Department for Local Ethnic Minority Affairs has divisions in charge of localities based in Dak Lak province and Can Tho city.

The Minister-Chairperson of the Committee for Ethnic Minority Affairs shall submit to the Prime Minister for promulgation a list of other non-business units under the Committee for Ethnic Minority under regulations.

Article 4. Effect

1. This Decree takes effect on October 1, 2022.

2. This Decree replaces the Government’s Decree No. 13/2017/ND-CP of February 10, 2017, defining the functions, tasks, powers and organizational structure of the Committee for Ethnic Minority Affairs.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH