Thông tư 02/2025/TT-BDTTG hướng dẫn chức năng, nhiệm vụ, quyền hạn của Sở Dân tộc và Tôn giáo thuộc Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương và công tác dân tộc, tín ngưỡng, tôn giáo của phòng chuyên môn thuộc Ủy ban nhân dân xã, phường, đặc khu thuộc tỉnh, thành phố trực thuộc trung ương do Bộ trưởng Bộ Dân tộc và Tôn giáo ban hành

CIRCULAR

GUIDANCE ON FUNCTIONS, DUTIES AND POWERS OF DEPARTMENTS OF ETHNIC AND RELIGIOUS AFFAIRS AFFILIATED TO PEOPLE'S COMMITTEES OF PROVINCES AND CITIES AND ETHNIC, BELIEF AND RELIGIOUS AFFAIRS CONDUCTED BY SPECIALIZED DIVISIONS AFFILIATED TO PEOPLE'S COMMITTEES OF COMMUNES, WARDS, SPECIAL ZONES OF PROVINCES AND CITIES

Pursuant to the Government’s Decree No. 41/2025/ND-CP dated February 26, 2025 on functions, tasks, powers and organizational structure of the Ministry of Ethnic and Religious Affairs; the Government’s Decree No. 114/2025/ND-CP dated June 03, 2025 on amendments to clause 12 Article 3 of the Government’s Decree No. 41/2025/ND-CP dated February 26, 2025 on functions, tasks, powers and organizational structure of the Ministry of Ethnic and Religious Affairs;

Pursuant to the Government’s Decree No. 95/2023/ND-CP dated December 29, 2023 elaborating and providing measures for implementation of the Law on Religion and Folk Belief;

Pursuant to the Government’s Decree No. 124/2025/ND-CP dated June 11, 2025 on devolution and delegation of powers to; distinction of powers of two-level local governments in fields of ethnicity, religion and folk belief;

Pursuant to the Government’s Decree No. 150/2025/ND-CP dated June 12, 2025 on organization of specialized authorities affiliated to People’s Committees of provinces and central-affiliated cities and People’s Committees of communes, wards and special zones of provinces and central-affiliated cities;

At the request of Director of Department of Organization and Personnel;

The Minister of Ethnic and Religious Affairs promulgates Circular on guidance on functions, duties and powers of Departments of Ethnic and Religious Affairs affiliated to People's Committees of provinces and cities and ethnic, belief and religious affairs conducted by specialized divisions affiliated to People's Committees of communes, wards, special zones of provinces and cities.

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GENERAL PROVISIONS

Article 1. Scope

This Circular provides for functions, duties and powers of Departments of Ethnic and Religious Affairs affiliated to People's Committees of provinces and cities (hereinafter referred to as “provincial People's Committees”) and ethnic, belief and religious affairs conducted by specialized divisions affiliated to People's Committees of communes, wards, special zones of provinces and cities (hereinafter referred to as “commune-level People's Committees”).

Article 2. Regulated entities

1. Departments of Ethnic and Religious Affairs affiliated to provincial People's Committees.

2. Specialized divisions affiliated to commune-level People's Committees that conduct ethnic, belief and religious affairs (Divisions of Culture and Society).

3. Relevant authorities, organizations and individuals.

Chapter II

DEPARTMENTS OF ETHNIC AND RELIGIOUS AFFAIRS

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1. Department of Ethnic And Religious Affairs is a specialized authority affiliated to the provincial People's Committee. It advises and assists the provincial People's Committee to perform state management of ethnic, belief and religious affairs as delegated or authorized by the provincial People's Committee and the Chairperson of the provincial People's Committee in accordance with regulations of law.

2. The Department of Ethnic And Religious Affairs has juridical entity, its own seal and account in accordance with the law; is subject to direction and management in terms of organization, personnel and works by the provincial People's Committee; and at the same time follows professional direction and guidelines and is inspected by the Ministry of Ethnic And Religious Affairs.

Article 4. Duties and powers of Department of Ethnic and Religious Affairs

1. Send the provincial People's Committee:

a) Draft resolutions of the provincial People's Council, draft decisions of the provincial People's Committee related to the sectors and fields under its management and other documents as assigned by the provincial People's Committee;

b) Draft field/sector development plans; programs and measures for organization of the performance of field/sector-related duties within the province under its management;

c) Draft decisions which prescribe its specific functions, duties, powers and organizational structure and those of public service providers affiliated to the Department of Ethnic And Religious Affairs (unless otherwise provided for by specialized laws).

d) Draft decisions on private sector involvement in provision of public services in the fields of ethnic, belief and religious affairs within the jurisdiction of the provincial People's Committee (if any).

2. Submit draft documents within the promulgation jurisdiction of the Chairperson of the provincial People's Committee to the Chairperson of the provincial People's Committee as assigned.

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4. Regarding ethnic affairs:

a) Advise and assist the provincial People's Committee to organize the implementation of ethnic affair-related strategies, plans, programs, projects and proposals after they are issued or approved by a competent authority.

b) Advise and assist the provincial People's Committee to monitor, conduct preliminary and final reviews, and assess the implementation of ethnic policies and guidelines; projects and policies on socio-economic development in extremely disadvantaged villages, communes in regions I, II and III in ethnic minority and mountainous areas; policies on investment in and support for stabilization of lives of ethnic minorities; policies and projects on provision of support for people residing in extremely disadvantaged areas; conservation and development policies and projects applicable to ethnic groups with very small population and ethnic minorities facing many difficulties or special difficulties;

c) Advise and propose organization of reception, visit, encouragement, support for difficulties, and satisfaction of legitimate aspirations of ethnic minorities according to regimes, policies and regulations of law; advise periodically organizing provincial and commune-level Assemblies of Delegates of Ethnic Minorities; organize conferences to commend and honor advanced models among ethnic minorities; organize exchange activities, seminars, and experience exchanges among ethnic minority delegates, reputable persons among ethnic minorities and other events related to ethnic affairs in order to improve the solidarity of ethnic minorities in Vietnam;

d) Preside over and cooperate with relevant departments and local authorities in advising and requesting the provincial People's Committee to grant approval for extremely disadvantaged villages, communes in regions I, II, III in ethnic minority and mountainous areas; submit dossiers on ethnic minorities facing many difficulties or special difficulties to the provincial People's Committee that will review, appraise, complete and send such dossiers to the Ministry of Ethnic and Religious Affairs for approval.

dd) Preside over and cooperate with relevant authorities in conducting inspection and review of and sending a written response to the commune-level People's Committee to recognition, removal from the list of and replacement and additional selection of reputable persons among ethnic minorities at the request of the commune-level People's Committee; organize the implementation of policies applicable to reputable persons among ethnic minorities according to regulations.

5. Regarding belief and religion:

a) Advise and assist the provincial People's Committee to organize the implementation of belief and religion or belief and religion-related strategies, plans, programs, projects and proposals after they are issued or approved by a competent authority;

b) Advise and assist the provincial People's Committee to perform state management of local belief and religion activities;

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d) Settle within its jurisdiction or request the competent authority to settle specific cases, prominent cases, sensitive cases regarding belief and religion as per law. Preside over and cooperate with departments and local authorities in advising and requesting the provincial People's Committee to resolve issues arising in religion and belief activities under its management;

dd) Provide guidance for local community, organizations and individuals as per law on religion and belief.

6. Manage enterprises, collective economic organizations, private economic organizations, associations and non-governmental organizations under its management (if any) according to regulations of law.

7. Manage operations conducted by public and private service providers under its management (if any).

8. Conduct international cooperation in ethnic, belief and religious affairs according to regulations of law and as delegated or authorized by the provincial People's Committee or the Chairperson of the provincial People's Committee.

9. Give professional guidance on ethnic, belief and religious affairs to specialized authorities affiliated to commune-level People's Committees.

10. Organize research and apply scientific - technical and technological advances, innovation and digital transformation; build information and storage systems; build and update databases of ethnic minority, belief and religion in order to serve state management and professional operations.

11. Implement its administrative reform program in a manner that meets the set objectives and the provincial People's Committee’s administrative reform program.

12. Organize provision of public services related to ethnic, belief and religious affairs under its state management.

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14. Receive citizens' petitions related to ethnic, belief and religious affairs, ethnic composition and names, customs and practices of ethnic minorities, consider resolving or request the competent authority to resolve petitions sent by relevant organizations and individuals for ethnic, belief and religious affairs according to regulations of law.

15. Participate in and cooperate with relevant departments and local authorities in appraisal of projects and proposals developed by departments, local authorities and agencies and organizations related to state management of ethnic affairs, ethnic minority and belief and religion within the province.

16. Cooperate with the Department of Home Affairs and relevant units to implement planning, provide training and refresher training, allocate and employ civil servants and public employees that are ethnic minorities working at specialized authorities affiliated to the provincial People's Committee and cadres and civil servants that are ethnic minorities working at commune-level People's Committees, ensuring a reasonable structure and proportion of ethnic groups in the province; focus on and prioritize recruitment, selection, allocation and employment of professional and expert cadres, civil servants and public employees in charge of ethnic, belief and religious affairs.

17. Cooperate with relevant departments in assisting the provincial People's Committee to admit students of local ethnic minorities to universities, colleges and vocational secondary schools by nomination and to pre-university schools and boarding general education schools for ethnic children according to regulations; advise the provincial People's Committee to organize commendation and recognition of outstanding teachers, students and pupils who are ethnic minorities within the province.

18. Prescribe specific functions, duties and powers of the office and professional divisions affiliated to the Department that are appropriate to its functions, duties and powers.

19. Manage organizational structure, payroll, grades of public employees and assignment thereof, job positions, professional title-based staffing plan for public employees, and the number of personnel working for public service providers; implement salary, benefit, training, commendation and discipline policies applicable to civil servants, public employees and employees under its management as per law.  Request the competent authority to commend organizations and individuals with achievements in ethnic, belief and religious affairs according to regulations.

20. Disseminate information and send periodical and ad hoc reports on performance of the assigned duties to the provincial People's Committee and the Ministry of Ethnic and Religious Affairs.

21. Manage and take responsibility for the assigned budget and property as per law.

22. Perform other duties and powers as delegated, authorized or distinguished by a competent authority as per law.

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FUNCTIONS, DUTIES AND POWERS IN TERMS OF ETHNIC, BELIEF AND RELIGIOUS AFFAIRS OF DIVISIONS OF CULTURE AND SOCIETY AFFILIATED TO COMMUNE-LEVEL PEOPLE'S COMMITTEES

Article 5. Functions

A Division of Culture and Society advises and assists the commune-level People's Committee to perform state management of various fields, including home affairs that consist of ethnic, belief and religious affairs.

Article 6. Duties and powers of Division of Culture and Society

Perform duties and exercise powers in accordance with regulations in Article 12 of the Government's Decree No. 150/2025/ND-CP dated June 12, 2025 and as delegated, devolved and distinguished in terms of ethnic, belief and religious affairs and the following duties and powers:

1. Regarding ethnic affairs:

a) Advise and assist the commune-level People's Committee to organize implementation of strategies, programs, plans for and projects on ethnic affairs as directed and instructed by the Ministry of Ethnic and Religious Affairs, the provincial People's Committee and the Department of Ethnic and Religious Affairs;

b) Advise and assist the commune-level People's Committee to organize the implementation, conduct preliminary and final reviews and assess the implementation of ethnic policies and guidelines; projects and policies on socio-economic development in extremely disadvantaged villages, communes in regions I, II and III in ethnic minority and mountainous areas; policies on investment in and support for stabilization of lives of ethnic minorities; policies and projects on provision of support for people residing in extremely disadvantaged areas; conservation and development policies and projects applicable to ethnic groups with very small population and ethnic minorities facing many difficulties or special difficulties;

c) Advise and propose organization of reception, visit, encouragement, support for difficulties, and satisfaction of legitimate aspirations of ethnic minorities according to regimes, policies and regulations of law; advise periodically organizing commune-level Assemblies of Delegates of Ethnic Minorities; organize conferences to commend and honor advanced models among ethnic minorities; organize exchange activities, seminars, and experience exchanges among ethnic minority delegates, reputable persons among ethnic minorities and other events related to ethnic affairs in order to improve the solidarity of ethnic minorities in Vietnam;

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dd) Advise and assist the commune-level People's Committee, the Chairperson of the commune-level People's Committee to recognize, remove from the list of, replace and additionally select reputable persons and seek opinions from a provincial authority in charge of ethnic, belief and religious affairs before decision; organize the implementation of policies applicable to reputable persons among ethnic minorities according to regulations.

2. Regarding religion and belief:

a) Advise and assist the commune-level People's Committee to organize implementation of religion and belief or religion and belief-related strategies, programs, plans and projects as directed and instructed by the Ministry of Ethnic and Religious Affairs, the provincial People's Committee and the Department of Ethnic and Religious Affairs;

b) Advise and assist the commune-level People's Committee to perform state management of religion and belief activities of belief and religious establishments that are not intangible cultural heritage and belief establishments that are not historical and cultural monuments or scenic spots ranked or included in the List of local monuments by the provincial People's Committee; cooperate with relevant authorities and units in conducting supervision and grasping the situation to prevent, detect and handle acts of abusing belief or religion for non-religious purposes, sowing divisions among the people or religions, or abusing the practice of beliefs or religious activities for profiteering;

c) Assist the commune-level People's Committee to act as a conduit for local religious organizations, religious affiliates and belief establishments under its management; advise and organize reception, visit and satisfaction of aspirations of dignitaries, sub-dignitaries and followers in accordance with regulations of law;

d) Settle within its jurisdiction or request the competent authority to settle specific cases regarding belief and religion as per law. Preside over and cooperate with relevant divisions and units in advising and requesting the commune-level People's Committee to resolve issues arising in religion and belief activities under its management;

dd) Provide guidance for local community, organizations and individuals as per law on religion and folk belief.

Chapter IV

IMPLEMENTATION

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1. This Circular takes effect from July 01, 2025.

2. This Circular replaces the Circular No. 01/2021/TT-UBDT dated November, 01 2021 of the Minister, Chairperson of the Committee for Ethnic Affairs. 

Article 8. Implementation responsibilities

1. Provincial People's Committees, Chairpersons of provincial People's Committees; commune-level People's Committees and Chairpersons of commune-level People's Committees shall be responsible for directing and organizing the implementation of this Circular.

2. Regarding provinces where Departments of Ethnic and Religious Affairs are not established, Departments of Home Affairs shall perform functions, duties and powers specified in Article 4 of this Circular.

3. Any difficulties arising in the implementation should be reported to the Ministry of Ethnic and Religious Affairs for study and settlement./.

MINISTER




Dao Ngoc Dung