Circular No. 07/2011/TT-BTP guiding the assurance of gender equality in organizational cadres and legal aid activities

CIRCULAR
Guidelines for Ensuring Gender Equality in Personnel Organization and Legal Aid Activities

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Based on the Legal Aid Law No. 69/2006/QH11 dated June 29, 2006;

Based on the Gender Equality Law No. 73/2006/QH11 dated November 29, 2006;

Pursuant to the Law on Prevention and Control of Domestic Violence No. 02/2007/QH12 dated November 21, 2007;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 07/2007/NĐ-CP dated January 12, 2007, issued by the Government, detailing and guiding the implementation of certain provisions of the Legal Aid Law;

Based on the Government Decree No. 70/2008/NĐ-CP dated June 4, 2008 detailing the implementation of certain provisions of the Gender Equality Law;

Pursuant to the Government Decree No. 08/2009/NĐ-CP dated February 4, 2009 detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence;

Based on the Government Decree No. 48/2009/NĐ-CP dated May 19, 2009 regarding measures to ensure gender equality;

The Minister of Justice issues guidelines for ensuring gender equality in personnel organization and legal aid activities as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidance on ensuring gender equality in personnel organization and legal aid activities.

Article 2. Scope of Application

1. State Legal Aid Center (hereinafter referred to as the Center), Branches of the Center (hereinafter referred to as Branches).

2. Organizations participating in legal aid are law firms, law offices, and legal counseling centers under political-social organizations, political organizations, political-social-professional organizations, social-professional organizations (hereinafter collectively referred to as political-social organizations) that have registered to participate in legal aid.

3. Legal aid clubs.

4. Legal aid providers:

a) Legal aid officers;

b) Legal aid cooperators;

c) Lawyers, legal counselors working at organizations that have registered to participate in legal aid.

5. Persons receiving legal aid and those related to the legal aid case.

6. Individuals, state management agencies, and political-social organizations related to the management and implementation of legal aid.

Article 3. Principles of Implementation

1. Adhere to basic principles of gender equality as stipulated in international treaties to which Vietnam is a party and as provided in the Gender Equality Law and other relevant laws.

2. Integrate gender equality issues into personnel organization work and the operations of legal aid implementing organizations.

3. Enhance coordination between legal aid implementing organizations and agencies, organizations, individuals, and communities to ensure gender equality in legal aid activities.

4. Legal aid providers must proactively perform tasks within the scope required by persons receiving legal aid, using appropriate measures in accordance with the law to protect their rights and legitimate interests; they shall not exert pressure on persons receiving legal aid or exploit their gender weaknesses to force them to immediately decide on the resolution of the case.

For cases specified in Clause 1, Article 12 of this Circular, legal aid providers must inform them about their right to legal protection, free legal services, and must not engage in judgmental behavior, blame, pressure, intimidation, or psychological harm to persons receiving legal aid.

Article 4. Principles for Handling Violations

1. During the provision of legal aid, if legal aid providers fail to comply with regulations on ensuring gender equality and engage in discriminatory behavior based on gender towards persons receiving legal aid, they will be subject to disciplinary action or compensation for damages according to the law, depending on the nature and severity of the violation.

2. Legal aid providers have the responsibility to report to competent authorities when they discover gender-based discrimination by civil servants, public officials, employees, parties involved in litigation, and judicial officers in specific cases.

Article 5. Evaluation of Gender Equality Assurance in Organizational Staffing and Legal Aid Activities

1. Ensuring gender equality in organizational staffing and legal aid activities is one of the criteria for ranking in competitive awards for organizations implementing legal aid and individuals providing legal aid.

2. Organizations implementing legal aid shall monitor the implementation, compile statistics, report, and organize the evaluation of the quality of legal aid cases concerning gender equality based on the Quality Assessment Standards for Legal Aid Cases and the extent to which the provisions of this Circular are implemented.

Chapter II

ENSURING GENDER EQUALITY IN ORGANIZATIONS AND STAFF PROVIDING LEGAL AID

Article 6. Gender Composition in Staff of Organizations Implementing Legal Aid

1. The State management agency for legal aid shall be responsible for selecting and attracting to ensure that both genders are adequately represented in the leadership team, Legal Aid Counselors, and Legal Officers of Centers and Branches; ensuring that the legal aid staff team is trained, knowledgeable about gender issues, and stable to accumulate practical experience and resolve cases with quality.

2. State management agencies for legal aid and organizations implementing legal aid within their functions, tasks, and authorities shall be responsible for building solutions to encourage both spiritually and materially to attract and ensure a balanced gender ratio in the volunteer legal aid staff team.

Article 7. Enhancing Resources for Legal Aid Implementation

The State management agency for legal aid, organizations implementing legal aid, and related political and social organizations shall be responsible for:

1. Annually, enhancing awareness, organizing training, and seminars on gender equality laws, work skills, interaction with beneficiaries of legal aid, and skills for resolving legal aid cases related to gender equality through regular and ad hoc training programs on legal aid practices for legal aid providers within their jurisdiction. Regularly updating new texts and knowledge related to gender and gender equality for legal aid providers.

2. Ensuring equal opportunities and favorable conditions for participation in training, seminars, and advanced studies to develop skills for the legal aid provider team. Prioritizing female legal aid officers, especially ethnic minority women in economically disadvantaged areas, for training and advanced studies to improve their professional expertise and legal aid skills. In cases where women have equivalent qualifications and standards as men but the proportion of women is low, prioritizing women. Implementing preferential policies for female ethnic minority legal aid officers in personnel policies and selection of legal aid volunteers.

3. Recruiting, arranging, scheduling, implementing personnel systems and policies, and prioritizing the attraction of experienced gender experts in organizations implementing legal aid, ensuring gender balance.

Article 8. Building and Implementing Plans to Ensure Gender Equality Goals

1. Organizations implementing legal aid and political and social organizations within their functions and tasks shall be responsible for ensuring gender equality in annual work plans and in plans to improve organizational structure and supplement legal aid staff teams.

2. During the plan development process, supervision, and evaluation of plan implementation must involve gender-knowledgeable and experienced legal aid officers, experts, or volunteers.

3. Organizations shall seek opinions from relevant units, organizations, and individuals of both genders in the development and implementation of gender equality activities.

Article 9. Report on Results of Ensuring Gender Equality

Organizations providing legal aid shall report specifically on the implementation of gender equality within their staff structure and legal aid activities every six months and annually according to the following contents:

1. The gender distribution structure of leadership cadres, Legal Aid Assistants, legal aid volunteer collaborators (lawyers, legal advisors, other legal aid volunteer collaborators), and measures needed to ensure gender balance within the Center's cadre team.

Evaluate the capacity of those providing legal aid for cases related to gender equality to develop appropriate adjustment solutions.

2. The results of applying specific measures prescribed in Chapters II and III of this Circular.

3. Assess the ratio of individuals receiving legal aid by gender and the quality of cases based on analyzing the number of people and the results of legal aid provision, survey results from legal aid recipients through questionnaires, and quality checks of legal aid cases.

4. Assess the impact on localities in fulfilling political-social tasks, protecting citizens' rights, and in other relevant fields through the results of ensuring gender equality in legal aid activities.

5. Specifically assess unsuitable measures, reasons, limitations, or issues hindering the implementation of gender equality in legal aid; propose new measures to ensure gender equality in organizational structures and legal aid activities, recommendations, and proposals for amending and supplementing laws generally.

Chapter III

ENSURING GENDER EQUALITY IN LEGAL AID ACTIVITIES

Article 10. Ensuring Confidentiality of Information of Legal Aid Recipients

1. Organizations providing legal aid must arrange suitable locations to meet female legal aid recipients in cases involving sexual matters, social ethics, traditional customs, or victims of gender-based violence in private places, ensuring confidentiality, safety, and objectivity when providing information and implementing legal aid.

In cases where the legal aid recipient is a victim of domestic violence, sexual offenses, or human trafficking crimes and requests a private meeting without a third party listening, the legal aid provider has the responsibility to arrange a suitable private location, creating a sense of security and trust for the legal aid recipient to present their case.

2. Providing legal aid to the aforementioned subjects must comply with the case resolution procedures while ensuring confidentiality about the case and personal information of the legal aid recipient as stipulated by law.

Article 11. Information and Communication Work

1. Organizations providing legal aid must allocate appropriate time for legal provisions on gender equality during the process of informing and communicating to the public about legal aid and related legal regulations concerning citizens' rights and obligations.

2. Organizations providing legal aid must closely cooperate with mass media agencies, political-social organizations in activities related to information and communication on gender equality and legal aid cases related to gender equality in accordance with legal provisions.

3. Cases of gender-based violence can only be publicly disclosed with the written consent of the legal aid recipient after they have been informed about the consequences of such disclosure. The content of the information needs to be summarized and sensitive, private information that could harm the legal aid recipient should be omitted.

4. Legal aid providers are responsible for providing addresses and information about necessary support from relevant agencies, including police departments, grassroots authorities, associations, and other support services such as healthcare, economic assistance, counseling, and other social services to legal aid recipients when needed.

Article 12. Legal aid to protect the rights and legitimate interests of women

1. Organizations implementing legal aid shall be responsible for assigning persons with knowledge of gender equality laws and experience in gender issues to provide legal aid in various fields of law (excluding business and commercial law) to poor women and women who are beneficiaries under the provisions of Article 10 of Decree No. 07/2007/NĐ-CP dated January 12, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Legal Aid, and women in the following cases:

a) Victims of domestic violence;

b) Persons preparing marriage and divorce procedures;

b) Victims of trafficking;

c) Victims of labor exploitation or sexual assault;

d) Persons involved in legal disputes, complainants, defendants, and accused during pregnancy or while caring for children under 36 months old;

đ) Ethnic minorities residing in areas with particularly difficult socio-economic conditions or migrants;

e) Persons infected with HIV;

g) Persons with disabilities or suffering from serious illnesses;

h) Workers dismissed unlawfully or victims of fraud in labor relations, family relations, or unlawful deprivation of property.

2. Organizations implementing legal aid shall organize professional activities such as mobile legal aid, specialized legal seminars, in-depth legal training classes combined with legal counseling outside regular working hours as needed according to the law to enhance access and enjoyment of legal aid for the subjects specified in Clause 1 of this Article.

Article 13. Determining Women Receiving Legal Aid as Special Groups

When receiving women seeking legal aid, the person receiving them must determine the cases stipulated in Clause 1 of Article 12 of this Circular through understanding their needs, identifying signs of gender-based violence victims, promptly collecting information, requesting medical tests if necessary, preserving evidence, or proposing the assignment of appropriate legal aid providers as prescribed.

In cases where the person receiving legal aid is a victim of gender-based violence and wishes to conceal the violence, the legal aid provider has the responsibility to encourage and explain to the person receiving legal aid to provide information about the incident to best protect their rights and legitimate interests or propose protective measures as prescribed by law.

Article 14. Ensuring Gender Equality in Legal Counseling Activities

For counseling cases, the legal aid provider shall be responsible for:

1. Providing basic information on gender equality laws, informing the person receiving legal aid of their rights and legitimate interests, the right to protection when subjected to gender-based violence, the right to fair and respectful treatment, emphasizing the rights of women as prescribed by law.

2. Advising the person receiving legal aid on relevant legal provisions directly related to the case as well as measures to be applied; collecting information, providing suitable solutions for the person receiving legal aid to choose, including analyzing specific laws that may be applied to best protect their rights and legitimate interests before and after the completion of legal aid.

3. Introducing the person receiving legal aid to relevant agencies, organizations, and other support services for assistance.

Article 15. Ensuring gender equality in participation in litigation activities

1. Ensure the participation of Legal Aid Assistants or Female Collaborating Lawyers or persons with legal aid skills, having knowledge about gender, to provide defense, representation, and protection of the legitimate rights and interests for female beneficiaries of legal aid.

2. Persons providing legal aid shall have the responsibility to meet directly with, understand the background, conditions, and circumstances of the person requesting legal aid, verify and collect information, preserve evidence, transfer evidence, and be present at court sessions; explain to the beneficiary of legal aid about applicable laws, procedures, and legal formalities, including specific provisions of the law for women; discuss with the beneficiary of legal aid on measures to be applied at each stage of litigation and assist the beneficiary of legal aid in choosing the most appropriate solution.

3. During the process of providing legal aid to the subjects specified in Clause 1 of Article 12 of this Circular, persons providing legal aid shall have the responsibility to help the beneficiary of legal aid stabilize their psychology or request the Court to hold a closed trial to ensure confidentiality requirements for victims, use support personnel in court to help them authenticate statements, avoid contact between victims and perpetrators when victims are agitated or threatened with damage to their reputation and lives.

Article 16. Ensuring gender equality in out-of-court representation activities

1. Persons providing legal aid shall have the responsibility to meet, gather information, analyze requests, conditions, and specific circumstances to reach agreement with the beneficiary of legal aid on a resolution plan for the case.

Persons providing legal aid shall have the responsibility to explain to the beneficiary of legal aid a full understanding of legal terms, decisions, and forms of documents they have agreed upon; their rights and obligations related to resolving the case, the right to be respected and the right not to agree with the resolution plan during negotiations.

2. For cases involving gender-based violence, persons providing legal aid shall have the responsibility to propose the application or cancellation of protective measures, negotiation, and mediation to best protect the legitimate rights and interests of the beneficiary of legal aid.

Article 17. Ensuring gender equality in the activities of Legal Aid Club

1. The Management Board of the Legal Aid Club focuses on attracting women to participate in activities, particularly women from ethnic minorities due to language barriers, women belonging to vulnerable groups (persons with disabilities, lonely elderly people, poor farmers, domestic helpers...), and in areas with high risks of human trafficking or frequent domestic violence.

2. There should be a direction to select both genders as members of the Management Board of the Legal Aid Club. These members are trained in legal knowledge, legal aid skills, and laws on gender equality.

3. The Legal Aid Club organizes specialized activities based on local needs regarding the content of laws on gender equality, marriage and family laws, laws on domestic violence, laws on human trafficking, laws on property rights and women's rights; integrate counseling for victims of domestic violence, persons committing domestic violence, and those preparing to marry on the content of gender equality during regular legal education sessions.

4. The Legal Aid Club ensures equal participation of men and women in club activity sessions.

Article 18. Ensuring gender equality in other legal aid activities

1. Mediation of legal aid cases shall be carried out on the basis of the legal aid provider analyzing for the parties to understand the nature of the case, the rights and obligations of the parties involved in the case, including gender equality rights and obligations, relevant subjects, and potential legal consequences.

2. In necessary cases, when providing legal aid in administrative procedures, complaints, suggestions regarding the implementation of laws, and other activities as prescribed by law, the legal aid provider shall integrate gender equality to protect legitimate rights and interests when such rights and interests are harmed due to gender discrimination.

Article 19. Coordination in implementing cases ensuring gender equality in legal aid

1. Legal aid organizations shall closely coordinate with political-social agencies, advisory organizations, reliable addresses, initial support facilities, emergency support facilities to transfer cases to ensure protection and support for victims of gender-based violence. Develop coordination plans to ensure multi-directional information exchange among related agencies and organizations in introducing victims, guiding victims to request initial support from legal aid organizations and to related agencies and organizations for assistance as prescribed.

2. During the provision of legal aid to victims of gender-based violence, if signs of criminal offenses are discovered, the legal aid provider has the responsibility to transfer the case to competent authorities for criminal prosecution according to the law, appoint representatives in legal proceedings, and request the police to take measures to support and ensure safety for the victim.

Chapter IV

IMPLEMENTATION

Article 20. Funding for Implementation

Funding for activities ensuring gender equality in personnel organization and legal aid operations shall be guaranteed from the annual budget allocated by the state budget to the Center, voluntary contributions from organizations and individuals, and other lawful sources, or support from the Vietnam Legal Aid Fund for the purpose of ensuring gender equality.

The Center is responsible for proposing the annual operating budget of the Center for review and decision by the competent authority according to the law on the state budget and the Vietnam Legal Aid Fund.

Article 21. Responsibilities of the People's Committee of the province, centrally governed city

The People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial People's Committee) shall be responsible for directing and inspecting relevant departments and people's committees at all levels to establish necessary conditions as prescribed to ensure gender equality in personnel organization and legal aid activities, organize inspections, audits, handle violations, and commend according to regulations.

Article 22. Responsibilities of the Legal Aid Bureau

The Legal Aid Bureau assists the Minister of Justice in organizing the implementation of the following tasks:

1. Promulgating, guiding, and implementing training in legal aid business, specialized training on international conventions on gender equality to which Vietnam is a member, policies and laws on gender equality and domestic violence prevention and control for legal aid providers.

2. Monitoring, inspecting, and urging the implementation of gender equality in personnel organization and legal aid activities nationwide.

3. Collecting and proposing solutions to ensure gender equality in organization and legal aid activities.

4. Proposing commendations for legal aid organizations, legal aid providers, agencies, organizations, and individuals who have outstanding achievements in ensuring gender equality in personnel organization and legal aid activities.

5. Inspecting, auditing, and proposing handling of violations in compliance with gender equality systems and policies in legal aid as prescribed by law.

6. Assigning dedicated staff to assist the Bureau in monitoring the implementation of tasks stipulated in this Circular.

Article 23. Responsibilities of the Department of Justice

Within the scope of its functions, tasks, and powers, the Department of Justice shall be responsible for:

1. Assisting the Chairman of the People's Committee at the provincial level in directing, monitoring, and inspecting the implementation of gender equality in organizational staff and legal aid activities at the local level.

2. Drafting and signing cooperation programs with the Provincial Police Force; the Department of Labor, Invalids, and Social Affairs; the Department of Culture, Sports, and Tourism; the Women's Union at the provincial level; and other relevant agencies and organizations to provide training on legal counseling, dispute resolution, and implementing gender equality in organizational staff and legal aid activities.

3. Directing and guiding the Center and coordinating with political-social mass organizations to guide participating organizations in ensuring gender equality in organizational staff and legal aid activities; implementing state management in monitoring, inspecting, urging, evaluating the implementation, and organizing commendations and handling violations according to regulations.

Article 24. Responsibilities of the Center

Within the scope of its functions, tasks, and powers as prescribed by law, the Center shall be responsible for:

1. Organizing and implementing solutions regarding organizational staff and legal aid activities at the Center, Branches, and Legal Aid Clubs in accordance with this Circular effectively and qualitatively.

2. Ensuring gender equality within the Legal Aid Counselor and Legal Aid Volunteer workforce when implementing capacity-building activities in legal aid.

3. Developing plans and mechanisms for coordination with relevant agencies and organizations to effectively implement requirements for ensuring gender equality in organizational staff and legal aid activities.

4. Integrating gender equality into specific business activities to ensure gender equality as stipulated in this Circular.

5. Compiling, statistically summarizing data, and reporting results every six months, annually, or ad hoc in the Center's activity report to the Legal Aid Administration and the Department of Justice as prescribed in this Circular.

Article 25. Responsibilities of Political-Social Mass Organizations

1. Political-social mass organizations shall be responsible for coordinating to create conditions for subordinate participating legal aid organizations to implement the provisions of this Circular.

2. Directing participating legal aid organizations to compile, statistically summarize data, and periodically report results every six months and annually to the Department of Justice and their supervisory organizations.

Article 26. Implementation Provisions

This Circular takes effect from May 1, 2011.

During the process of implementation, relevant agencies, organizations, and individuals shall have the responsibility to reflect issues of difficulty or new requirements arising to the Ministry of Justice for consideration of guidance on implementation or amendment and supplementation as appropriate./.