Nghị định số 13/2017/NĐ-CP của Chính phủ: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ủy ban Dân tộc

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE COMMITTEE FOR ETHNIC MINORITY AFFAIRS

Pursuant to the June 19, 2015 Law on Organization of the Government;

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;

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

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 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 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, and the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and 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 the Prime Minister.

2. To submit to the Government strategies, master plans, long-term, five-year and annual plans, and national important projects and works in the fields under its management.

3. To submit to the Government or the Prime Minister for promulgation policies on ethnic minority affairs, particular policies, programs, projects and schemes to support socio-economic development and poverty reduction in socio-economic difficulty- or extreme socio-economic difficulty-hit communes, villages and hamlets of ethnic minority and mountainous areas, border communes, communes in former safety zones, and deep-lying, remote and high mountainous areas; policies on investment and support to stabilize the lives of ethnic minority people; policies and projects to support inhabitants in ethnic minority and extreme difficulty-hit areas; policies and projects on conservation and development of ethnic minority groups with a very small population, and to organize the implementation of these policies, programs, projects and schemes once they are promulgated or approved.

4. To submit to the Government or the Prime Minister for promulgation policies toward prestigious persons in ethnic minority communities; and particular policies for cadres and civil servants of ethnic minority affairs agencies; to coordinate with the Ministry of Home Affairs in formulating and submitting to competent authorities for promulgation policies to attract and increase the number of cadres, civil servants and public employees to work in ethnic minority and mountainous areas.

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

6. To assume the prime responsibility for, or coordinate with related ministries and agencies in, submitting to competent authorities for promulgation policies on development of human resources in ethnic minority and mountainous areas; policies on training, retraining and employment of ethnic minority officials and on raising the intellectual level in ethnic minority areas; policies for ethnic minority people to exercise the right to use their spoken and written languages, preserve national identity and promote their fine customs, habits, traditions and cultures; and policies to invest in and develop education and training institutions to meet requirements on physical foundations in service of education and training work in ethnic minority and mountainous areas.

7. To submit to competent authorities for promulgation, or to promulgate according to its competence, criteria for identifying ethnic minority groups and the list of Vietnamese ethnic minority groups; criteria for identifying ethnic minority and mountainous areas based on development level, list of ethinic minority and mountainous communes and villages identified based on development level, and list of ethnic minority and mountainous communes in difficulty- and extreme difficulty-hit areas.

8. 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 appraisal of important legal documents directly related to the implementation of ethnic minority policies which are drafted by ministries, ministerial- level agencies or government-attached agencies.

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

10. To assume the prime responsibility for, or coordinate with ministries, ministerial- level agencies, government-attached agencies and socio-political organizations in, conducting preliminary and final reviews and assessment of the implementation of the Party’s undertakings, lines and policies and the State’s laws related to ethnic minority affairs; to regularly or irregularly report thereon to the Government or the Prime Minister in accordance with law; to review 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 and supplement ethnic minority policies in line with the practical situation and requirements and tasks concerning ethnic minority work of the Party and the State.

11. To direct and guide the development of advanced models being typical collectives and individuals and prestigious persons in ethnic minority areas; 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 lines and policies and the State’s laws in ethnic minority areas.

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

13. To disseminate, and mobilize ethnic minority people to implement, the Party’s undertakings, lines 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 implementing plans and projects to increase communication and information in ethnic minority and mountainous areas and broadcast ethnic minority radio and television channels on the internet; to coordinate in the implementation of the legal aid policy for ethnic minority people.

14. To organize and direct scientific studies on strategic, basic and urgent issues concerning ethnic minority affairs and policies; to conduct theoretical research and practical review of ethnic minority work, the application and transfer of scientific and technological advances and environmental protection in ethnic minority and mountainous areas, the application of information technology in ethnic minority work for ethnic minority affairs agencies and ethnic minority and mountainous areas.

15. To monitor, examine and summarize the situation in ethnic minority 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 people.

16. 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.

17. To investigate, survey, study and summarize the situation of ethnic minority groups, their socio-economic development status, names, customs and habits and other related matters.

18. To coordinate with related ministries and agencies in planning the allocation of resources for poverty reduction and other targets to localities in ethnic minority areas for submission to the Government; to appraise, or participate in the appraisal of, programs, projects, schemes and plans on socio-economic development in ethnic minority areas in accordance with law.

19. To carry out international cooperation in the domains under its state management in accordance with law; to coordinate with foreign organizations and individuals and international organizations in studying and sharing experience in ethnic minority affairs, attracting resources to support development investment for ethnic minority areas and socio-economic difficulty- and extreme socio-economic difficulty-hit areas in accordance with law; to manage, direct or participate in the implementation of programs and projects funded or invested by foreign parties or international organizations in ethnic minority areas in accordance with law.

20. 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.

21. 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.

22. To receive and visit, and coordinate with ministries, sectors and localities in fulfilling aspirations of, ethnic minority people in accordance with regulations, policies and 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 apparatus and payroll of civil servants, positions and structure of public employees according to professional titles and the number of employees of public non-business units; to decide on the appointment, re-appointment, transfer, rotation, relief from duty, resignation, seconding, commendation, disciplining, dismissal, retirement of, and implement the salary regime and treatment regimes and policies toward, cadres, civil servants and public employees under its management as prescribed by law; to issue criteria for holders of leading and managerial titles at ethnic minority affairs agencies under provincial-level People’s Committees; to coordinate with related functional agencies in guiding the planning, training, retraining, employment and management of cadres being ethnic minority people within the political system.

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

26. To perform other tasks and exercise other powers assigned by the Government or the 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 Inspectorate.

6. The Office.

7. The General Affairs Department.

8. The Department for Ethnic Minority Policies.

9. The Propaganda Department.

10. The Ethnic Minority Department.

11. Local Affairs Department I.

12. Local Affairs Department II.

13. Local Affairs Department III.

14. The Ethnology Institute.

15. The Information Center.

16. The Ethnic Minority and Development Newspaper.

17. The Ethnic Minority Review;

18. The Ethnic Minority Guest House.

The units specified in Clauses 1 thru 13 of this Article are units assisting the Minister- Chairperson of the Committee for Ethnic Minority Affairs in performing the state management function; the units specified in Clauses 14 thru 18 are non-business units serving the state management function of the Committee for Ethnic Minority Affairs.

The Planning-Finance Department, the Department for Ethnic Minority Policies, Local Affairs Department II and Local Affairs Department III may organize 2 divisions; the Organization and Personnel Department, 1 division; the Office, 5 divisions, and the Representative Office in Ho Chi Minh City and the Inspectorate, 4 divisions.

Article 4. Effect

1. This Decree takes effect on March 26, 2017.

2. This Decree replaces the Government’s Decree No. 84/2012/ND-CP of October 12, 2012, 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.-