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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
05/2011/ND-CP
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Hanoi,
January 14, 2011
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DECREE
ON ETHNIC MINORITIES WORK
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
At the proposal of the Minister-Chairman of the Committee for Ethnic Minorities
Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
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Article 2. Subjects of application
This Decree
applies 10 state agencies carrying out ethnic minorities work; and domestic and
foreign organizations and individuals implementing the ethnic minority policy
in the territory of the Socialist Republic of Vietnam.
Article 3. Fundamental principles of ethnic minorities work
1. To
implement the ethnic minority policy on the principles of equality, solidarity,
respect and mutual assistance for development.
2. To assure
and implement the policy on comprehensive development and gradual improvement
of material and spiritual life for ethnic minority people.
3. To assure
preservation of the language, scripts and identity, and promotion of fine
customs, habits, traditions and culture, of each ethnic minority group.
4. An ethnic
minority group shall respect customs and habits of other groups, contributing
to building an advanced Vietnamese culture deeply imbued with the national
identity.
Article 4. Interpretation of terms
In this
Decree, the terms below are construed as follows:
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2. Ethnic
minority group means an ethnic group with a population smaller than that of the
ethnic majority group within the territory of the Socialist Republic of
Vietnam.
3. Ethnic
majority group means an ethnic group with a population accounting for over 50%
of the country's total population according to national population survey.
4. Ethnic
minority area means an area in which different ethnic minority groups live
together, forming a stable community in the territory of the Socialist Republic
of Vietnam.
5. Ethnic
minority group with a very small population means an ethnic group with a
population of under 10,000.
6. Ethnic
minority group with exceptional difficulties means an ethnic group meeting with
exceptional socio-economic difficulties defined according to the three criteria
below:
a/ The rate
of poor households in a village is over 50% higher than the national rate;
b/
Development indexes of education and training, community health and population
quality are all below 30% of the national average;
c/ Essential
technical infrastructure is of poor quality and only meets minimum needs of
inhabitants.
Article 5. Identification of ethnic minorities
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Article 6. Congresses of ethnic minority groups
1. The
national congress of Vietnam's ethnic minority groups shall be held every 10
years.
2.
Provincial- and district-level congresses of ethnic minority groups shall be
held every 5 years.
Article 7. Prohibited acts
The following
acts are prohibited:
1.
Stigmatizing, discriminating, dividing and undermining the unity of ethnic
minority groups.
2. Taking
advantage of ethnic minorities issues to distort and oppose the Party's line
and policies and the State's law.
3. Taking
advantage of the implementation of the ethnic minority policy and slate
management of ethnic minorities work to infringe upon state interests and
lawful rights and interests of citizens.
4. Committing
other acts in contravention of the Government's regulations.
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ETHNIC MINORITIES POLICY
Article 8. Investment and resource use policy
1. Funds for
the implementation of the ethnic minority policy shall be allocated from the
state budget under current regulations on state budget decentralization and
other lawful funding sources for comprehensive socio-economic development in
ethnic minority areas, hunger elimination, poverty reduction and narrowing of
the gap between ethnic minority areas and other areas.
2. To plan,
train, retrain, use and manage human resources being local ethnic minority
people and adopt appropriate treatment regimes for them.
3. To
efficiently exploit and use natural resources in ethnic minority areas and make
reinvestment suitable to local socio-economic conditions.
4. To apply
technical advances and introduce advanced science and technology into
production in order to improve the living conditions of inhabitants in ethnic
minority areas.
5. The
Ministry of Planning and In vestment and the Ministry of Finance shall, based
on their assigned functions and tasks, assume the prime responsibility for, and
coordinate with the Committee for Ethnic Minorities Affairs and concerned
ministries, branches and localities in. detailing and guiding this Article.
Article 9. Sustainable development investment policy
1. To assure
investment in socio-economic development and essential infrastructure in ethnic
minority areas; to effectively exploit the potential and strength of each area,
to protect the eco-environment and promote the self-reliance and strength of
ethnic minority groups.
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3. To restore
and develop traditional handicrafts of ethnic minority groups to meet market
economy requirements.
4. Investors
of planning and construction projects that affect the land, environment,
ecology and life of ethnic minority groups shall publicize these projects and
collect under law opinions of inhabitants in areas to be the project sites; and
organize resettlement and create conditions for relocated people to enjoy a
better life in new areas.
Administrations
of localities of resettlement shall coordinate with investors in assuring and
creating conditions for relocated people to stabilize their farming and life.
5. To
reasonably plan and arrange concentrated residential points in areas with
difficulties, assuring production development suitable to the characteristics
of ethnic minority-groups and areas.
6. To
implement programs and schemes on hunger elimination and poverty reduction and
employment, to basically solve issues related to capital, residential land,
farm land and production tools for land-lacking farmers. housing, daily-life water,
economic development support, land and forest allocation to households in
ethnic minority areas, and labor and trade restructuring towards
industrialization, modernization and sustainable development.
7. To prevent
and control natural disasters and rescue victims in affected areas.
8. To
promptly adopt policies lo support ethnic minority groups with exceptional
difficulties for .settlement and development.
9. The
Ministries of Planning and Investment; Finance: Labor, War Invalids and Social
Affairs; and Agriculture and Rural Development and the Committee for Ethnic
Minorities Affairs shall, based on their assigned functions and tasks, assume
the prime responsibility for. and coordinate with concerned ministries,
branches and localities in, detailing and guiding this Article.
Article 10. Education and training development policy
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2. To develop
pre-schools, general schools, boarding and semi-boarding ethnic minority
schools, continuing education centers. community learning centers, vocational
schools and pre-university schools; to study tertiary multi-disciplinary
training for ethnic minority students in order to accelerate human resource
training in the service of national industrialization and modernization and
international integration.
3. To specify
appropriate conditions and measures to support ethnic minority students: to
provide accommodation, scholarships and loans for ethnic minority students
during their study suitable to their majors and places of residence.
Students of
ethnic minority groups with a very small population and in areas with
socio-economic difficulties and exceptional socioeconomic difficulties are
exempt from school fees at all educational levels and in all disciplines.
4. To train
human resources and provide vocational training for ethnic minority groups
suitable to the characteristics of each area, meeting industrialization,
modernization and international integration requirements.
5. To
prescribe support for teachers in areas with socio-economic difficulties and
exceptional socio-economic difficulties; to train ethnic minority teachers and
teachers of ethnic minority languages.
6. To include
languages, scripts and fine cultural traditions of ethnic minority groups into
curricula of general schools, boarding and semi-boarding ethnic minority
schools, continuing education centers, community learning centers. vocational
schools, professional secondary schools, colleges and universities suitable to
ethnic minority areas.
7.
Administrations of localities which have ethnic minority students passing
university and college entrance exams or admitted under designated enrollment
shall receive these students after they graduate and assign jobs appropriate to
their majors.
8. The
Ministry of Education and Training. the Ministry of Labor, War Invalids and
Social Affairs and the Committee for Ethnic Minorities Affairs shall, based on
their assigned functions and tasks, assume the prime responsibility for. and
coordinate with concerned ministries, branches and localities in. detailing and
guiding this Article.
Article 11. Ethnic minority personnel policy
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In ethnic
minority areas, ethnic minority people must hold key posts.
2. To ensure
appropriate ratios of ethnic minority cadres, prioritizing those who are female
and young to work in agencies and organizations within the political system at
all levels.
3.
Ministries, branches and localities shall plan, train, retrain, appoint and
employ ethnic minority personnel.
4. The
Ministry of Home Affairs shall assume the prime responsibility for, and
coordinate with concerned ministries and branches in. detailing and guiding
this Article.
Article 12. Policy towards prestigious persons in ethnic
minority areas
Prestigious
persons in ethnic minority areas may receive training, retraining, preferential
treatment and other incentives suitable to local socio-economic conditions to
promote their role in the implementation of the ethnic minority policy in their
residential areas.
Article 13. Cultural conservation and development policy
1. To support
the collection, study. protection, conservation and promotion of fine
traditional cultural values of ethnic minority groups in the ethnic community
of Vietnam.
2. To support
the conservation and development of the scripts of ethnic minority groups.
Ethnic minority groups shall conserve their fine traditional cultures,
languages and scripts under law.
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4. To give
incentives for ethnic minority groups to enjoy cultural benefits; to support
the formation and effective operation and use of grassroots cultural
institutions in ethnic minority areas.
5. To
conserve and promote fine traditional festivals of ethnic minority groups, to
regularly organize region-based or ethnic minority-based culture-sports events
in ethnic minority areas.
Article 14. Policy on physical training and sports
development in ethnic minority areas
1. To
conserve and develop traditional physical training and sports of ethnic
minority groups.
2. To support
physical training and sports activities and invest in building stadiums, sports
halls and physical training and sports centers in ethnic minority areas.
Article 15. Policy on tourism development in ethnic minority
areas
To support
infrastructure construction for tourism associated with environmental and
ecological protection; to support the promotion and diversification of tourism
forms and products, to reasonably tap potential in landscapes and scenic places
for tourism development.
Article 16. Health and population policy
1. To assure
ethnic minority groups' use of healthcare services; to implement the healthcare
and health insurance program for ethnic minority groups under law.
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3. To support
the conservation, exploitation and use of valuable folk remedies and
traditional curative methods of ethnic minority groups which have been
recognized by competent slate agencies.
4. To ensure
population quality improvement and reasonable population development of each
ethnic minority group under law.
5. To boost
the socialization of healthcare, to adopt priority policies for organizations
and individuals investing in and developing healthcare in ethnic minority
areas.
6. The
Ministry of Health shall assume the prime responsibility for, and coordinate
with concerned ministries and branches in, detailing and guiding this Article.
Article 17. Information and communication policy
1. To invest
in information and communication development in ethnic minority areas, to
provide essential means to assure the right to access and receive information.
2. To build
and consolidate the system of information on the ethnic minorities situation
and implementation of the ethnic minorities policy.
To develop a
national system of statistical indicators on ethnic minorities; to communicate
and regularly or irregularly report on socioeconomic situation, security,
defense, natural disasters and floods in ethnic minority areas.
3. To develop
and apply information technology to the system of ethnic minorities affairs
agencies.
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5. The
Ministry of Information and Communications shall assume the prime
responsibility for, and coordinate with concerned ministries and branches in,
detailing and guiding this Article.
Article 18. Policy on law dissemination and education and
legal aid
1. Ethnic
minority groups in areas with exceptional socio-economic difficulties may
receive free legal aid services under law.
2.
Administrations at all levels shall elaborate and implement programs and
schemes on law dissemination and education and legal aid suitable to each
target group and ethnic minority area.
3. To
effectively use the mass media, to diversify forms of law dissemination and
education suitable to the customs and habits of ethnic minority groups.
4. The
Ministry of Justice shall assume the prime responsibility for, and coordinate
with concerned ministries and branches in, detailing and guiding this Article.
Article 19. Environmental and ecological protection policy
1. To use,
exploit and develop natural resources and the environment and ecology of ethnic
minority areas under law.
2. To protect
and improve areas with natural resources and ensure appropriate re-investment,
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4. The
Ministry of Natural Resources and Environment shall assume the prime
responsibility for. and coordinate with concerned ministries and branches in.
detailing and guiding this Article.
Article 20. Defense and security policy
1. To build
and consolidate defense and security in important, deep-lying, remote, border
and island areas in association with socioeconomic development, assuring
political security and maintaining social order and safety in ethnic minority
areas.
2. State
agencies, ethnic minority groups in border and island areas shall, together
with agencies, organizations, people's armed units and local administrations,
protect the national borderline, maintain security and social order and safety
and enhance friendship relations with people of neighboring countries in border
and island areas under law.
Chapter III
STATE MANAGEMENT OF
ETHNIC MINORITIES WORK
Article 21. State management of ethnic minorities work
1. To
promulgate, and direct the implementation of. strategies, national target
programs, master plans, plans and policies on ethnic minorities work.
2. To
promulgate legal documents on ethnic minorities work; to elaborate and
implement ethnic minorities policies, particular policies, programs, projects
and schemes on development of ethnic minority areas with socio-economic
difficulties and exceptional socio-economic difficulties; criteria for
identification of ethnic minority areas based on development level. criteria
for identification of ethnic minority groups, and poverty line applicable to
ethnic minority areas; to elaborate policies to train human resources, raise
people's intellectual level and conserve and develop the cultures of ethnic
minority groups.
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4. To raise
and efficiently use resources invested in ethnic minority areas.
5. To
examine, inspect, review and evaluate the implementation of policies, programs
and projects in ethnic minority areas; observance of the law on ethnic
minorities work, corruption prevention and fighting, thrift practice, waste
fighting, and settlement of complaints and denunciations related to ethnic
minorities work under law.
6. To
disseminate and educate the Patty's line and policies and the State's law with
different measures and forms for ethnic minority people to understand and
actively participate in their implementation.
To propagate
the traditional unity of ethnic minority groups in national construction and
protection. To well organize campaigns for mutual support and assistance among
ethnic minority groups in communities. To organize friendship activities
between localities for mutual assistance in socio-economic development, hunger
elimination, poverty reduction and settlement of daily-life problems.
7. To plan,
train, retrain, employ and manage ethnic minority cadres in the political system
and cadres in ethnic minorities affairs agencies.
8. To build a
database on ethnic minorities work.
9. To
appraise programs, projects, schemes and plans on socio-economic development in
ethnic minority areas.
10. To
conduct theoretical research and practical review of ethnic minorities work,
ethnic minorities strategy and policy and slate management of ethnic minorities
work.
11. To carry
out international cooperation in ethnic minorities work, to coordinate with
foreign organizations and individuals and international organizations in
studying and exchanging experience in ethnic minorities work: to encourage
assistance and support for development investment in ethnic minority areas and
areas with socio-economic difficulties and exceptional socio-economic
difficulties and assist these areas in effectively implementing ethnic
minorities work and the ethnic minorities policy under law.
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1. The
Government shall uniformly perform the state management of ethnic minorities
work.
2. The
Committee for Ethnic Minorities Affairs shall assist the Government in
performing the state management of ethnic minorities work nationwide.
3.
Ministries, ministerial-level agencies and government-attached agencies shall
perform the state management of ethnic minorities work under law.
4. People's
Committees of all levels shall perform the slate management of ethnic
minorities work in their localities under law.
5. Ethnic
minorities affairs agencies shall be organized at central, provincial and
district levels in ethnic minority areas.
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
Article 23. Responsibilities of ministries and
ministerial-level agencies
1. To assume
the prime responsibility for. and coordinate with the Committee for Ethnic
Minorities Affairs in, performing the state management of ethnic minorities
work and settling matters related to ethnic minorities work within the ambit of
their assigned functions, tasks and powers.
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3. To
biannually and annually submit reports on ethnic minorities work and the
implementation of the ethnic minority policy under their state management to
the Committee for Ethnic Minorities Affairs for summarization and reporting to
the Prime Minister.
4. To perform
other state management tasks in ethnic minorities work as assigned by the
Government.
Article 24. Responsibilities of the Committee for Ethnic
Minorities Affairs
1. To assume
the prime responsibility for. and coordinate with concerned ministries and
branches in, planning, elaborating and implementing the ethnic minorities
policy; to guide, inspect, examine, review, assess, disseminate and mobilize
the implementation of the ethnic minorities policy under this Decree.
2. To assume
the prime responsibility for, and coordinate with ministries, branches and.
provincial-level Peoples Committees in, performing the state management of
ethnic minorities work and settling related matters. To annually report to the
Prime Minister on the implementation of the ethnic minority policy and ethnic
minorities work.
3. To perform
other tasks assigned by the Government.
Article 25. Responsibilities of People's Committees of all
levels
1. To
implement the Party's policy and the State's law on ethnic minorities work
under law and this Decree in their localities.
2. To
annually elaborate and implement plans and programs on ethnic minorities work.
To organize, direct and inspect the implementation of law and policy on ethnic
minorities; to organize and direct the application of measures to ensure
improvement of material and spiritual life for ethnic minority people.
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4.
Provincial-level People's Committees shall biannually and annually submit
reports on ethnic minorities and the implementation of the ethnic minorities
policy and ethnic minorities work in their localities to the Committee for
Ethnic Minorities Affairs for summarization and reporting to the Prime
Minister.
Article 26. Coordination in carrying out ethnic minorities
work and ethnic minority policy
The Vietnam
Fatherland Front Central Committee and its member organizations shall
coordinate with the Committee for Ethnic Minorities Affairs and concerned
ministries and branches in supervising, disseminating and mobilizing the
implementation of ethnic minorities work and the ethnic minority policy under
this Decree.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 27. Effect
1. This
Decree takes effect on March 4, 2011.
2. Previous
regulations related to ethnic minorities work which are contrary to this Decree
are all annulled.
Article 28. Implementation responsibilities
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2. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies,
chairpersons of provincial-level People's Committees and concerned
organizations and individuals shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung