Nghị định 60/2008/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS. POWERS AND ORGANIZATIONAL STRUCTURE OF THE NATIONALITIES COMMITTEE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Decree No. 178/ 2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
At the proposal of the Minister-Director of the Nationalities Committee,

DECREES:

Article 1.- Position and functions

The Nationalities Committee is a ministerial-level agency of the Government performing the state management of ethnic affairs nationwide and of public services under its management in accordance with law.

Article 2.- Tasks and powers

The Nationalities Committee has the tasks and powers specified in the Government's Decree No. 178/2007/ND-CP of December.3,2007. denning 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 resolutions and decrees of the Government according to the Committee's approved annual law-making programs and plans, as well as projects and schemes as assigned by the Government or the Prime Minister.

2. To submit to the Prime Minister strategies, plannings, plans, programs, projects and schemes as well as draft decisions and directives on ethnic affairs within the Prime Minister's directing and administering competence.

3. To promulgate decisions, directives and circulars within its state management scope and guide and inspect their implementation.

4. To assume the prime responsibility for, or coordinate with ministries, ministerial-level agencies, government-attached agencies as well as concerned agencies and organizations in, formulating strategies, policies, schemes, projects, national target programs, programs of action, plannings, master plans, regional plans on socioeconomic development or security and defense consolidation in ethnic minority areas for submission to the Government or the Prime Minister for approval or promulgation: to direct, inspect and guide the implementation of those strategies, policies, schemes, projects, programs, plannings and plans.

5. To assume the prime responsibility for, or coordinate with ministries, ministerial-level agencies, government-attached agencies and socio-political organizations in. preliminarily and finally reviewing and assessing the implementation of the Party's undertakings, guidelines or policies and the State's laws related to ethnic affairs; to regularly or irregularly report thereon to the Government or the Prime Minister according to regulations.

6. To assume the prime responsibility for elaborating and promulgating according to its competence, or submit to competent authorities for promulgation, and organizing the implementation of. specific policies, programs, projects or schemes on the development of areas hit by extreme socioeconomic difficulties: policies towards ethnic minority people living in border, deep-lying, remote, high mountainous, and river and stream headwater areas frequently hit by natural disasters.

7. To assume the prime responsibility for elaborating and promulgating according to its competence, or submit to competent authorities for promulgation, criteria for determining ethnic minorities and delimitating ethnic minority areas according to their development levels: to prescribe the re-determination of ethnicities at citizens' request according to law.

8. To investigate, research and build a database on Vietnam's ethnic minorities.

9. To assume the prime responsibility for elaborating and promulgating according to its competence, or submit to competent authorities for promulgation, specific policies towards cadres and employees of ethnic affairs agencies: policies to attract and increase the number of cadres, employees and civil servants to work in ethnic minority areas.

10. To coordinate with ministries, ministenal-level agencies, government-attached agencies as well as concerned agencies and organizations in elaborating and promulgating according to their competence, or submitting to competent authorities for promulgation, policies on human resource training, vocational training and improvement of people's intellectual level in ethnic minority areas: hunger and poverty criteria applicable to ethnic minority areas: policies on preservation and promotion of traditional cultural identities of ethnicities: to ensure ethnic minority people's right to use their spoken and written languages.

11. To comment on draft legal documents on ethnic affairs elaborated by ministers, heads of ministerial-level agencies and provincial/ municipal People's Councils and People's Committees: to inspect ministries, ministerial-level agencies, government-attached agencies and localities in the implementation of the Party's undertakings, guidelines and policies and the State's laws related to ethnic affairs.

12. To direct, guide and inspect the implementation of programs arid policies on socio-economic development in ethnic minority areas: investment and support policies for the stabilization of ethnic minority people's life: policies and projects on the conservation and development of ethnic minorities.

13. To assume the prime responsibility for, and coordinate with the Ministry of Justice, mass media agencies and localities in. conducting law propagation, dissemination and education among ethnic minority people within its state management scope: to mobilize ethnic minority people to implement the Party's undertakings, guidelines and policies and the State's laws.

14. To participate in appraising projects, schemes and programs related to ethnic minority people which are formulated by ministries, ministerial-level agencies, government-attached agencies as well as concerned agencies and organizations: to participate in managing and directing the implementation of investment programs and projects funded by foreign countries or international organizations in ethnic minority areas in accordance with law.

15. To receive, visit, and coordinate with ministries, branches and localities in satisfying aspirations of ethnic minority people according to regulations, policies and law.

16. To regularly organize national conferences and congresses of Vietnam's ethnic minority delegates that record outstanding achievements in local emulation movements: to organize experience-sharing activities for ethnic minority delegates from different areas in order to strengthen Vietnam's national great unity bloc.

17. To assume the prime responsibility for. and coordinate with ministries, ministerial-level agencies and government-attached agencies in. elaborating and promulgating according to its competence, or submitting to competent authorities for promulgation and organizing the implementation of. policies towards prestigious people among ethnic minority people; to commend according to its competence, or propose competent authorities to commend typical ethnic minority collectives and individuals that record outstanding achievements in labor, production, construction, socio-economic development, security and order maintenance, and take the lead in implementing the Party's undertakings and policies and the State's laws.

18. To direct and organize the implementation of its administrative reform plan under the state administrative reform program already approved by the Prime Minister.

19. To organize and direct scientific research, technology and environment-related activities in the domain of ethnic affairs and ethnic minority areas.

20. To enter into international cooperation in the domains within its state management scope according to law.

21. To inspect and examine the implementation of ethnic policies: to settle citizens' complaints. denunciations and petitions: to prevent and combat corruption, waste and negative practices, ana handle violations of law according to its competence.

22. To manage its organizational apparatus and payroll; to implement the salary regime and regimes and policies on treatment, commendation and disciplining of state cadres, employees and civil servants within its state management scope: provide professional training and retraining for cadres, employees and civil servants and those engaged in ethnic affairs; to set professional criteria of employee ranks in the branches and domains assigned or decentralized to it for management and submit them to the Ministry of Home Affairs for promulgation: to promulgate title criteria of heads of ethnic affairs agencies under provincial/municipal People's Committees

23. To make annual budget estimates; to coordinate with the Ministry of Finance in formulating and synthesizing budget revenue-expenditure estimates for the branches and domains under its management for submission to the Government; to manage, organize the implementation of. and finalize the state budget: to perform other tasks regarding state budget, finance and assets in accordance with law.

24. To perform other tasks and exercise other powers assigned by the Government or the Prime Minister according to law.

Article 3.- Organizational structure

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. Local Affairs Department I.

11. Local Affairs Department II.

12. Local Affairs Department III.

13. The Ethnology Institute.

14. The Ethnic Cadres School.

15. The Information Center.

16. The Ethnicities magazine.

17. The Ethnicities and Development newspaper.

The units defined in Clauses 1 thru 12 of this Article shall assist the Minister-Director of the Nationalities Committee in performing the state management function: the units defined in Clauses 13 thru 17 are non-business ones serving the Nationalities Committee's state management function.

The General Affairs Department, the Department for Ethnic Minority Policies. Local Affairs Department II. Local Affairs Department HI. the Inspectorate and the Office may have their own sections.

Article 4.- Members of the Nationalities Committee

The Nationalities Committee's members include:

1. The Minister-Director.

2. Deputy directors.

3. Other members who are vice ministers of: a/ The Ministry of Planning and Investment: b/ The Ministry of Finance:

c/ The Ministry of Home Affairs:

d/ The Ministry of Agriculture and Rural

Development:

e/ The Ministry of Labor. War Invalids and Social Affairs.

f/ The Ministry of Education and Training;

g/The Ministry of Culture. Sports and Tourism;

h/ The Ministry' of Natural Resources and Environment.

Article 5.- Working regime of members of the Nationalities Committee

1. The Minister-Director of the Nationalities Committee is a cabinet member and the head of the Nationalities Committee who shall decide on different matters in accordance with law.

2. The Nationalities Committee's members defined in Article 4 of this Decree shall operate according to a Regulation to be submitted by the Minister-Director of the Nationalities Committee to the Prime Minister for promulgation.

Article 6- Implementation effect

1. This Decree takes effect 15 days after its publication in "CONG BAG" and replaces the Government's Decree No. 51/2003/ND-CP of May 16. 2003. defining the functions, tasks, powers and organizational structure of the Nationalities Committee.

2. To annul previous regulations which are contrary to this Decree.

Article 7.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.