Nghị định 127/2024/NĐ-CP sửa đổi Nghị định 05/2011/NĐ-CP công tác dân tộc

DECREE

ON AMENDMENTS TO DECREE NO. 05/2011/ND-CP DATED JANUARY 14, 2011 OF THE GOVERNMENT ON ETHNIC AFFAIRS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to Resolution No. 88/2019/QH14 dated November 18, 2019 of the National Assembly on approval for the comprehensive plan for socio-economic development of ethnic minority and mountainous areas for the period 2021 - 2030;

Pursuant to Resolution No. 120/2020/QH14 dated June 19, 2020 of the National Assembly on approval for the investment policy for the National Target Program on socio-economic development of ethnic minority and mountainous areas for the period 2021 - 2030;

At the request of the Minister and Chairperson of the Committee for Ethnic Minority Affairs;

The Government promulgates a Decree on amendments to Decree No. 05/2011/ND-CP dated January 14, 2011 of the Government on ethnic affairs.

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1. Amendments to Clause 4 of Article 4 as follows:

“4. “Ethnic minority areas” province-, district-, and commune-level areas where ethnic minorities have long been residing stably; hamlets, villages, and similar community units (hereinafter referred to as villages) where a large community of ethnic minorities has been living stably together.”

2. Addition of Articles 4a and 4b after Article 4 as follows:

“Article 4a. Classification of ethnic minority areas based on development level

1. Ethnic minority areas are classified based on development levels according to the criteria, procedures, and documentation as regulated by superior authority from time to time.

2. The Committee for Ethnic Minority Affairs shall take the lead, in coordination with relevant ministries, sectors, and localities, in advising and submitting to superior authority for issuance of documents elaborating Clause 1 of this Article.

Article 4b. Criteria for identifying ethnic minorities facing significant difficulties or unique hardships

1. Ethnic minorities facing significant difficulties or unique hardships are identified according to criteria, procedures, and documentation as regulated by superior authority from time to time.

2. The Committee for Ethnic Minority Affairs shall take the lead, in coordination with relevant ministries, sectors, and localities, in advising and submitting to superior authority for issuance of documents elaborating Clause 1 of this Article.”

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“The Committee for Ethnic Minority Affairs shall take the lead, in coordination with relevant ministries, sectors, and localities, in promulgating or advising and submitting to superior authority for issuance of documents implementing the matter stipulated in this Article.”

4. Addition of Clause 1a after Clause 1 Article 7 as follows:

“1a. "exploiting and inciting narrow-minded nationalism."

5. Amendments to Article 12 as follows:

“Article 12. Policies for prestigious individuals, commendation and honoring of exemplary models in ethnic minority communities

1. Prestigious individuals in ethnic minority communities shall be trained, coached, provided with information, materially supported, motivated spiritually, rewarded, commended, honored, visited, welcomed, and entitled to other preferential policies to promote their roles in implementing ethnic policies in their residential areas, in line with the socio-economic conditions of the localities.

2. Every five years or on an ad-hoc basis, activities shall be organized to recognize, honor, and commend prestigious individuals and exemplary models in ethnic minority communities.

3. The Committee for Ethnic Minority Affairs shall advise and submit to superior authority for issuance of documents elaborating Clause 1 of this Article; and issue documents guiding the implementation of the provisions in Clause 2 of this Article.”

6. Addition of Articles 12a after Article 12 as follows:

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1. Beneficiaries:

a) Former key leaders, high-ranking leaders of the Party and State who are ethnic minorities;

b) Heroes of the Armed Forces, Heroes of Labor, Vietnamese Heroic Mothers, veteran revolutionary cadres, pre-uprising cadres, exemplary revolutionary soldiers, and retired military officers with general ranks who are ethnic minorities;

c) Former leaders of central committees, ministries, and sectors who are ethnic minorities; former Secretaries, Deputy Secretaries of Province-level People’s Committees, City Party Committees, Chairperson, Vice Chairperson of Province-level People’s Councils and People’s Committees who are ethnic minorities;

d) People’s teachers, elite teachers, people’s artisans, elite artisans, people’s artists, elite artists, people’s physicians, elite physicians, professors, and associate professors who are ethnic minorities;

dd) Party cell secretaries, village heads, good farmers, dignitaries, religious officials who are ethnic minorities and have contributed to the socio-economic development of ethnic minority areas, certified by the Commune-level People’s Committee;

e) Ethnic minorities who have won international and national awards;

g) Poor ethnic minority households residing in communes and villages in ethnic minority areas;

h) Ethnic minorities, ethnic minority households in ethnic minority areas who have suffered losses due to natural disasters, epidemics, fires or other sudden difficulties;

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k) Delegations of ethnic minorities established by the Province-level People’s Committee or authorized by the Province-level-level ethnic affairs authority to visit and work with the Party and State leaders, and the Committee for Ethnic Minority Affairs.

2. Expenditure description and spending limits

a) Visits and gifts for individuals listed in points a, b, and c of Clause 1 of this Article. Spending limits: VND 5,000,000/person/visit; no more than VND 10,000,000/person/year;

b) Congratulatory gifts for Tet (Lunar New Year), ethnic minority traditional festivals, and on occasions when the Party, State, or the Committee for Ethnic Minority Affairs visit and work in localities for individuals listed in points d, dd, and e of Clause 1 of this Article. Spending limits: VND 1,000,000/person/visit; no more than VND 3.000.000/person/year;

c) Visits and gifts for Tet (Lunar New Year), ethnic minority traditional festivals, and when the Party, State, or the Committee for Ethnic Minority Affairs visit and work in localities for individuals listed in point g of Clause 1 of this Article; visits and gifts for individuals listed in point h of Clause 1 of this Article. Spending limits: VND 1,000,000/person or household/visit; no more than VND 3,000,000/person or household/year;

In particular, for cases where individuals listed in point h of Clause 1 have suffered loss of life, the spending limit is VND 5,000,000/household/visit; no more than VND 10,000,000/household/year;

d) Visits, congratulations, and gifts for individuals or organizations listed in point i of Clause 1 of this Article. Spending limit: VND 20,000,000/unit or organization/visit/year;

dd) Hosting meetings and offering gifts to individual delegates listed in point k of Clause 1 of this Article. Gift spending limit: VND 1,000,000/person/year; other expenditure details and limits will follow the Ministry of Finance's regulations on reception of local visitors.

3. Visits, congratulations, gifts, encouragement, and meetings with individuals listed in Clause 1 of this Article by Party and State leaders as proposed by the Committee for Ethnic Minority Affairs; visits, congratulations, gifts, encouragement, and meetings with individuals listed in points b, c, d, dd, e, g, h, i, k of Clause 1 of this Article by leaders of the Committee for Ethnic Minority Affairs.

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7. Amendments to several clauses of Article 17 are as follows:

a) Amendments to Clause 4 of Article 4 as follows:

“3. Application of information technology and digital transformation in the organization and implementation of ethnic affairs and ethnic policies.”

b) Amendments to Clause 4 as follows:

“4. Enhance and improve the effective use of ethnic minority languages on mass media and local information systems.”

c) Amendments to Clause 5 as follows:

“5. The Committee for Ethnic Minority Affairs, in collaboration with relevant Ministries and agencies, is responsible for guiding the implementation of the provisions in Clauses 1, 2, 3, and 4 of this Article.”

8. Amendments to several clauses of Article 18 are as follows:

a) Amendments to Clause 1 as follows:

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b) Addition of Clause 3a after Clause 3 as follows:

“3a. Develop and strengthen training and refresher training programs to improve the quality of individuals providing and supporting legal aid, including legal rapporteurs, law propagandists, and grassroots mediators in ethnic minority areas, with priority given to ethnic minorities and those proficient in ethnic minority languages to provide timely legal aid and legal education and grassroots mediation for ethnic minorities.”

c) Amendments to Clause 4 as follows:

“4. The Ministry of Justice shall take the lead in collaboration with the Committee for Ethnic Minority Affairs and relevant Ministries and agencies, in guiding the implementation of the provisions in Clauses 1, 3, 3a, and legal aid provisions in Clause 2 of this Article. The Committee for Ethnic Minority Affairs shall take the lead, in collaboration with relevant Ministries and agencies, in developing and submitting for approval, and implement legal education programs as stipulated in Clause 2 of this Article.”

9. Amendments to several clauses of Article 21 are as follows:

a) Amendments to Clause 2 as follows:

“2. Issue legal documents on ethnic affairs; formulate and implement ethnic policies, special mechanisms for ethnic policies, and programs, projects, and plans for socio-economic development in ethnic minority areas.”

b) Amendments to Clause 5 as follows:

“5. Inspect, audit, partially assess, fully assess the implementation of policies, programs, and projects in ethnic minority areas; ensure compliance with laws on ethnic affairs, and prevent corruption, waste, and misconduct; monitor and assess the situation in ethnic minority areas; and handle complaints and denunciations related to ethnic affairs in accordance with the law.”

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“7. Personnel planning, training, retraining, utilization, and management of ethnic minority officials within the state agency system, especially within agencies responsible for ethnic affairs.

8. Develop a database on ethnic minority areas to support forecasting, planning, policy-making, management, and the implementation of ethnic policies.

9. Evaluate programs, policies, projects, and plans related to ethnic minority areas and communities.”

d) Amendments to Clause 11 as follows:

“11. International cooperation on ethnic affairs and the implementation of ethnic policies; collaborate with foreign organizations, individuals, and international organizations in researching and exchanging experiences in ethnic affairs; encourage assistance and investment in ethnic minority areas, disadvantaged and severely disadvantaged areas, and enhance ethnic affairs and policies in accordance with the law.”

dd) Addition of Clause 12 after Clause 11 as follows:

“12. Strengthening the political system and building a solid national defense and public security foundation in ethnic minority areas. Promptly commend and honor exemplary individuals, reputable figures, entrepreneurs, and scientists from ethnic minority communities who have made significant contributions to the building and defense of the nation.”

10. Amendments to Clause 2 of Article 23 as follows:

“2. Formulate, issue, and submit to competent authorities for approval policies, programs, and projects under the management of the Ministries and agencies for application in ethnic minority areas, disadvantaged and severely disadvantaged areas, small ethnic groups, ethnic minorities facing numerous challenges, or those with specific difficulties, as well as poor and near-poor ethnic minority households; provide guidance, inspections, and audits, and assess the implementation of policies, programs, and projects under their jurisdiction.”

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“1. Preside over and coordinate with relevant Ministries and agencies in formulating, developing, proposing, or participating in the appraisal and implementation of ethnic policies, providing guidance, conducting inspections, audits, preliminary and final reviews, evaluations, and dissemination, as well as promoting the implementation of ethnic policies. Serve as the unified focal point for monitoring and compiling ethnic policies and the situation in ethnic minority areas, in accordance with this Decree.”

12. Amendments to Clause 2 of Article 25 as follows:

“2. Annually, develop and implement plans and programs for ethnic affairs. Organize, direct, and inspect the implementation of ethnic laws and policies; monitor and grasp the situation in ethnic minority areas under management; organize and direct the implementation of measures to ensure the improvement of the material and spiritual life of ethnic minorities.”

Article 2. Replacements and annulment of certain words and phrases in some Articles of Decree No. 05/2011/ND-CP dated January 14, 2011 of the Government on ethnic affairs

1. Replace the phrase "ethnic minority areas" with the phrase "ethnic minority communities" in Clause 1, 3, 4 of Article 8; Clause 1, 2, 6 of Article 9; Clause 1 of Article 10; Clause 1 of Article 11; the title and Clause 2 of Article 14; the title of Article 15; Clause 5 of Article 16; Clause 1, 2 of Article 17; Clause 2 of Article 18; Clause 1 of Article 19; Clause 1 of Article 20; Clause 4 of Article 21; Clause 3 of Article 25.

2. Replace the phrase "people in ethnic minority areas" in Clause 4 of Article 10 with "ethnic minorities."

3. Replace the content “The Committee for Ethnic Minority Affairs shall take the lead, in coordination with relevant Ministries, agencies, and localities, in elaborating and guiding the implementation of Articles 5, 12, and Clause 5 of Article 22” in Clause 1 of Article 28 with the content “The Committee for Ethnic Minority Affairs is responsible for urging, guiding, and inspecting the ministries, ministry-level agencies, governmental agencies, and Province-level People's Committees in the implementation of this Decree.”

4. Annul Clause 6, Article 4.

Article 3. Implementation

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2. Communes and villages in ethnic minority and mountainous areas classified by competent authorities by the level of development during the 2021–2025 period will continue to benefit fully from the policies and regimes for ethnic minority areas as provided by this Decree, until new regulations from the competent authorities are issued.

3. The Ministers, Heads of Ministry-level agencies, Heads of Governmental agencies, and Chairpersons of Province-level People’s Committees and relevant organizations and individuals shall implement this Decree./.”

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh