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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
53/2004/ND-CP
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Hanoi,
February 18, 2004
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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.
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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):
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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.
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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.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai