THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 59/1998/ND-CP
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Hanoi, August
13, 1998
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DECREE
ON THE FUNCTIONS,
TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE COMMISSION ON ETHNIC
MINORITIES AND MOUNTAINOUS AREAS
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Proceeding from the opinions of the Politburo's Standing Board in Document No.
657/TC-TW of June 5, 1998 of the Party Central Committee's Commission on
Organization concerning the tasks of the Commission on Ethnic Minorities and
Mountainous Areas;
At the proposals of the Minister-Chairman of the Commission on Ethnic
Minorities and Mountainous Areas and the Minister-Head of the Government
Commission on Organization and Personnel,
DECREES:
Article 1.-
The Commission on Ethnic Minorities and Mountainous Areas shall exercise the
function of State management over the ethnic and mountainous area affairs
throughout the country and at the same time act as an advisory body to the
Party Central Committee on undertakings and policies toward ethnic minorities
and mountainous areas.
Article 2.-
The Commission on Ethnic Minorities and Mountainous Areas shall perform tasks,
exercise powers and fulfill the State management responsibilities of the
ministries and ministerial-level agencies prescribed in Decree No. 15/CP of
March 2, 1993 of the Government and shall also have the following tasks and
powers:
1. To study and sum up ethnic and mountainous
area affairs. To submit to the Party Central Committee and the Government
proposed undertakings, policies and laws on ethnic minorities and mountainous
areas; to issue according to its competence legal documents and organize the
implementation thereof.
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2. To join ministries, ministerial-level
agencies, agencies attached to the Government, socio-political organizations
and People's Committees of the provinces and cities directly under the Central
Government in dealing with affairs related to ethnic minorities and mountainous
areas; to participate in the evaluation of the regional development strategies,
the socio-economic, scientific and technological plans as well as
foreign-financed projects, which are implemented in the areas inhabited by
ethnic minorities and in mountainous areas.
3. To guide, inspect and supervise the
implementation of the Party's resolutions and directives and the State's
policies and legislation on ethnic minorities and mountainous areas in the
whole country.
4. To perform tasks on organization and
personnel in accordance with the stipulations of the Party Central Committee;
to propose to the Party Central Committee, the Government, ministries, branches
and localities the undertakings, policies and solutions regarding the training,
fostering and use of ethnic minority cadres.
To participate in the training of ethnic minority
cadres and the fostering of ethnic minority cadres and cadres involved in
activities related to ethnic minority affairs.
5. To establish international cooperation in the
field of ethnic minority affairs in accordance with the provisions of law.
6. To assume the prime responsibility and
coordinate with the Party's and State's agencies and socio-political
organizations in popularizing undertakings, policies and legislation on ethnic
minorities.
7. To direct the implementation of a number of
pilot programs, projects and models in areas inhabited by ethnic minority
people and mountainous regions as assigned by the Government.
8. To receive and visit people of ethnic
minorities in order to understand their aspirations. To assume the prime
responsibility or coordinate with ministries, committees, branches at the
central level and localities in meeting the legitimate aspirations of ethnic
minority people.
9. To manage the organization and officials as
well as employees of the Commission on Ethnic Minorities and Mountainous Areas
in accordance with the provisions of law.
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The Minister-Chairman of the Commission shall be
accountable before the Government, the Prime Minister and the National Assembly
for all activities of the Commission. The Vice Chairmen shall take
responsibility before the Commission's Minister-Chairman for the fields of work
assigned to them.
Article 4.-
The organizational structure of the Commission on Ethnic Minorities and
Mountainous Areas is composed of:
1.- Organizations which assist the
Minister-Chairman of the Commission on Ethnic Minorities and Mountainous Areas
in performing the State management function:
1. The Department on Policies for Ethnic
Minorities.
2. The Department on Policies for Mountainous
Areas.
3. The Department for General Affairs.
4. The Department for International Cooperation.
5. The Department for Organization and
Personnel.
6. The Legal Department.
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8. The Commission's Office.
9. The agency specialized in ethnic minority
affairs in the South (based in Can Tho province).
The Minister-Chairman of the Commission on
Ethnic Minorities and Mountainous Areas shall define tasks, powers and
organizational structure of the units mentioned in Clause 1 of this Article.
2.- Non-business organizations attached to the
Commission:
1. The Institute for Ethnic Minority and
Mountainous Area Policy Studies.
2. The Ethnic Minority and Mountainous Area
Magazine.
3. The Ethnic Minority Personnel Fostering
Center.
4. The Information and Data Center.
The Minister-Chairman of the Commission on
Ethnic Minorities and Mountainous Areas shall define functions, tasks, powers
and organizational structure of non-business units mentioned in Clause 2 of
this Article after consulting the concerned ministries and the Government
Commission on Organization and Personnel.
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Article 5.-
The organization of apparatus that assists the local People's Committees in performing
the State management over the ethnic minority and mountainous area affairs
shall be proposed jointly by the local People's Committees, the Commission on
Ethnic Minorities and Mountainous Areas and the Government Commission on
Organization and Personnel to the Prime Minister for decision.
Article 6.-
This Decree takes effect 15 days after its signing. To annul Decree No.11/CP of
February 20, 1993 of the Government on the functions, tasks, powers and
organizational structure of the Commission on Ethnic Minorities and Mountainous
Areas.
Article 7.-
The Minister-Chairman of the Commission on Ethnic Minorities and Mountainous
Areas, ministers, heads of the ministerial-level agencies, heads of the
agencies attached to the Government and presidents of the People's Committees
of the provinces and cities directly under the Central Government shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai