|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No.
127/2024/ND-CP
|
Hanoi,
October 10, 2024
|
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.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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.”
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
“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:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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.”
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
“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.”
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
“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
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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