Nghị định 53/2004/ND-CP

DECREE

ON ORGANIZATIONAL CONSOLIDATION OF THE ETHNIC AFFAIRS APPARATUSES UNDER THE PEOPLE’S COMMITTEES OF ALL LEVELS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;
In furtherance of the Resolution of the 7th plenum of the Party Central Committee (the IXth Congress) on ethnic work;
At the proposals of the Minister of Home Affairs and the Minister-Director of the Nationality Committee,

DECREES:

Article 1.- Principles for organizational consolidation of the ethnic affairs apparatuses

1. Enhancing their responsibility for State management over the ethnic work, thus meeting the requirements and tasks in the new situation.

2. Suiting the tasks, workloads and practical requirements of the ethnic work in localities.

3. Being neat and effective; organizing multi-branch and multi-domain State management services, departments and sections in line with the administrative reform undertakings.

Article 2.- Criteria and models of ethnic affairs organizations in the provinces and centrally-run cities (hereinafter collectively referred to as the provincial level)

1. Ethnic affairs boards shall be established as advisory bodies to assist the provincial-level People’s Committees in performing the function of State management over the ethnic work, and have their own seals and bank accounts when at least one of the following criteria is met:

a/ Over 20,000 (twenty thousand) ethnic minority people live together in communities in villages or hamlets;

b/ Under 5,000 (five thousand) ethnic minority people need the State’s concentrated support or assistance for development;

c/ Ethnic minority people reside in the geographical areas of crucial security and defense importance; geographical areas of intermingled farming and residence; border regions where a great number of ethnic minority people from our country and neighboring countries constantly travel across the borderlines.

2. For the provinces where ethnic minority people reside, which, however, do not meet the criteria prescribed in Clause 1 of this Article, the ethnic affairs bodies shall be organized after one of the following two models:

a/ Ethnic affairs boards under the provincial People’s Committees and subject to the latter’s direct direction in their professional work. The offices of the provincial People’s Committees shall ensure the material bases, operation funding, working facilities and conditions for the ethnic affairs boards;

b/ Provincial/municipal Services with function of State management over many branches and domains, including the ethnic work and other professional works much related to the ethnic work, which are attached to the provincial People’s Committees.

3. Criteria and models of the ethnic affairs organizations in urban districts, rural districts, provincial capitals or cities (hereinafter collectively referred to as the district level):

Based on the characteristics and workload of the State management over ethnic affairs in the districts, the ethnic affairs organizations at the district level shall be as follows:

a/ Establishing ethnic affair sections under the district-level People’s Committees when one of the following two criteria is met:

- At least 5,000 (five thousand) ethnic minority people need the State’s concentrated support or assistance for development;

- Ethnic minority people reside in the geographical areas of crucial security and defense importance; geographical areas of intermingled farming and residence; border regions where a great number of ethnic minority people from our country and neighboring countries constantly travel across the borderlines.

b/ For the districts where ethnic minority people reside, which, however, do not meet the above-said criteria, the ethnic affairs bodies shall be organized after one of the following models:

- Establishment of sections for State management over many branches and domains, including the ethnic work and other professional works much related to the ethnic work, which are attached to the district-level People’s Committees, provided that the number of district-level sections must comply with the provisions of the Government’s Decree No. 12/2001/ND-CP of March 27, 2001;

- Arrangement of full-time cadres in charge of ethnic work in the offices of the People’s Councils and the People’s Committees or in other existing professional sections of the district-level People’s Committees.

4. For communes, wards and district townships (hereinafter collectively referred to the commune level) where ethnic minority people reside, no separate organization shall be established, but one member of the commune-level People’s Committees shall be assigned to monitor and organize on a part-time basis the performance of the ethnic work.

Article 3.- Competence to establish ethnic affairs bodies under the People’s Committees of all levels

1. The provincial-level People’ Committees shall base themselves on the principles and criteria for organizational consolidation of the ethnic affairs apparatuses defined in this Decree to work out schemes on organizational consolidation of the ethnic affairs apparatuses of their respective localities, then submit them to the People’s Councils of the same level for consideration and decision.

2. For the provinces where the ethnic affairs bodies have already been established, the procedures for re-establishment thereof shall not be carried out.

3. The presidents of the provincial-level People’s Committees shall prescribe the functions, tasks, powers, organizational structure and State payrolls of the ethnic affairs bodies under the guidance of the Minister of Home Affairs and the Minister-Director of the Nationality Committee; send reports on consolidation of ethnic affairs organizations in their respective localities to the Prime Minister, the Nationality Committee and the Ministry of Home Affairs.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette.

Article 5.- Implementation responsibilities

The Minister-Director of the Nationality Committee and the Minister of Home Affairs shall have to guide and monitor the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.