Chương 1 Nghị định 05/2011/NĐ-CP .: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides activities in ethnic minorities work in order to assure and promote equality, solidarity, mutual assistance for development, respect for and preservation of cultural identities of ethnic minority groups living in the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

This Decree applies 10 state agencies carrying out ethnic minorities work; and domestic and foreign organizations and individuals implementing the ethnic minority policy in the territory of the Socialist Republic of Vietnam.

Article 3. Fundamental principles of ethnic minorities work

1. To implement the ethnic minority policy on the principles of equality, solidarity, respect and mutual assistance for development.

2. To assure and implement the policy on comprehensive development and gradual improvement of material and spiritual life for ethnic minority people.

3. To assure preservation of the language, scripts and identity, and promotion of fine customs, habits, traditions and culture, of each ethnic minority group.

4. An ethnic minority group shall respect customs and habits of other groups, contributing to building an advanced Vietnamese culture deeply imbued with the national identity.

Article 4. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Ethnic, minorities work means state management activities in ethnic minority affairs in order to impact and create conditions for development of ethnic minority groups while guaranteeing respect for and protection of lawful rights and interests of citizens.

2. Ethnic minority group means an ethnic group with a population smaller than that of the ethnic majority group within the territory of the Socialist Republic of Vietnam.

3. Ethnic majority group means an ethnic group with a population accounting for over 50% of the country's total population according to national population survey.

4. Ethnic minority area means an area in which different ethnic minority groups live together, forming a stable community in the territory of the Socialist Republic of Vietnam.

5. Ethnic minority group with a very small population means an ethnic group with a population of under 10,000.

6. Ethnic minority group with exceptional difficulties means an ethnic group meeting with exceptional socio-economic difficulties defined according to the three criteria below:

a/ The rate of poor households in a village is over 50% higher than the national rate;

b/ Development indexes of education and training, community health and population quality are all below 30% of the national average;

c/ Essential technical infrastructure is of poor quality and only meets minimum needs of inhabitants.

Article 5. Identification of ethnic minorities

Each ethnic minority group has its own name and is identified according to lawfully recognized criteria and such identification meets the expectation of that group. Ethnic minorities shall be identified and announced by a competent agency under law.

Article 6. Congresses of ethnic minority groups

1. The national congress of Vietnam's ethnic minority groups shall be held every 10 years.

2. Provincial- and district-level congresses of ethnic minority groups shall be held every 5 years.

Article 7. Prohibited acts

The following acts are prohibited:

1. Stigmatizing, discriminating, dividing and undermining the unity of ethnic minority groups.

2. Taking advantage of ethnic minorities issues to distort and oppose the Party's line and policies and the State's law.

3. Taking advantage of the implementation of the ethnic minority policy and slate management of ethnic minorities work to infringe upon state interests and lawful rights and interests of citizens.

4. Committing other acts in contravention of the Government's regulations.