Circular No. 11/2014/TT-BTP on ensuring gender equality in legal aid

CIRCULAR

REGULATIONS ON ENSURING GENDER EQUALITY IN LEGAL ASSISTANCE

Pursuant to the Legal Assistance Law enacted on November 29 l2006; the 2006;

Pursuant to Decree No. 94/2016/NĐ-CP dated July 1, 2016 of the Government detailing and guiding implementation of the Law on Statistics;Pursuant to Decree No. 97/2016/NĐ-CP dated July 1, 2016 of the Government stipulating the contents of statistical indicators under the national statistical indicator system;the Gender Equality Law enacted on November 29, 2006;

Pursuant to the Domestic Violence Prevention and Control Law enacted on November 21, 2007;

Pursuant to Decree No. 136/2013/NĐ-CP dated October 21, 2013 of the Government stipulating social assistance policies for beneficiaries of social protection;

Pursuant to Decree No. 07/2007/NĐ-CP dated January 12,June 2024;2007 of the Government detailing and guiding the implementation of certain provisions of the Legal Assistance Law;Deputy ministers of ministerial-level agencies,and Decree No. 14/2013/NĐ-CP dated February 5, 2013 of the Government amending Decree No. 07/2007/NĐ-CP dated January 1, 2007 of the Government detailing and guiding the implementation of certain provisions of the Legal Assistance Law;No. and the Legal Assistance Law; reason and Decree No. 70/2008/NĐ-CP dated June 4, 2008 of the Government detailing the implementation of certain provisions of the Gender Equality Law;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Article of the Law on Military Service; Transit through, and Residence of Foreigners in Vietnam dated June 25, the functions, tasks, regulations, number and Decree No. 48/2009/NĐ-CP dated May 19, 2009 of the Government stipulating measures to ensure gender equality;3. Amend Clause 3 Article 2 as follows:of the Ministry of Planning 12 and Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, organizational structure of the Ministry of Justice;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."implementation of certain provisions of the Medical Examination and Treatment Law;FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS195/2013/NĐ-CP dated November 21, 2013 of the Government detailing certain provisions and measures to enforce the Law on Publishingi is established in three copies and has equal legal force, each party retains one copy, one copy transferred to the unit managing and operating housing for Transit through, and Residence of Foreigners in Vietnam dated June 25, and the Legal Assistance Law;intention;

Pursuant to the resolution of the Director of the Legal Assistance Department;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Minister of Justice issues this Circular stipulating the measures to ensure gender equality in legal assistance.policiesThis Circular stipulates measures to ensure gender equality in legal assistance, including: objectives, principles, ensuring gender equality in organizing and implementing legal assistance activities and legal assistance operations; responsibilities for ensuring gender equality in legal assistance of state agencies, organizations, and individuals.1. Organizations implementing legal assistance.

Pursuant to DecreeNo. 2. Individuals providing legal assistance.on 4. State management agencies for legal assistance.5. Political-social organizations, political organizations, social-professional organizations, and social-professional organizations with registered legal counseling centers participating in legal assistance (hereinafter referred to as the managing organization of participating organizations).1. Ensuring equal opportunities between men and women in accessing legal assistance activities to protect their legitimate rights and interests, enhancing legal knowledge, and respecting and complying with the law.

Pursuant to DecreeNo. 2. Eliminating gender discrimination, moving towards substantive equality between men and women in legal assistance.onstructure of the General Department of Market Regulation 3. Establishing and reinforcing cooperative and supportive relationships between men and women in exercising the right to legal assistance and in monitoring the implementation of gender equality in legal assistance. 1. Adhering to the principles of legal assistance operations and basic principles of gender equality.

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on 2. Not having gender bias, not hindering or affecting the actual equal access opportunities of men and women in legal assistance activities.

3. Any acts of gender discrimination in legal assistance must be promptly prevented, strictly dealt with, publicly disclosed, and handled according to the law when discovered.on 4. Measures promoting gender equality in legal assistance shall not be considered as gender discrimination.Pursuant to Decree No. 97/2016/NĐ-CP dated July 1, 2016 of the Government stipulating the contents of statistical indicators under the national statistical indicator system;Article 5. Evaluation and inspection of gender equality in legal assistance

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Organizations implementing legal assistance shall evaluate and report annually, urgently, or by topic on the implementation of gender equality in legal assistance. The content of evaluation and reporting results includes:

Article 2. Applicability

a) Results of implementing gender equality in organizational structure, staff providing legal assistance, and legal assistance activities as stipulated in Chapters II and III of this Circular;

b) Analysis of causes, lessons learned; positive and negative impacts and proposals for solutions to ensure gender equality in legal assistance.

3. Persons receiving legal aid.

2. Inspections on gender equality in legal assistance shall be integrated into annual, urgent, or specialized inspection programs of agencies and units.

ENSURING GENDER EQUALITY IN THE ORGANIZATION AND IMPLEMENTATION OF LEGAL ASSISTANCE

Article 3. Objectives

1. Ensure equal opportunities between men and women in accessing legal aid activities to protect their legitimate rights and interests, enhance legal knowledge, and awareness of respecting and complying with the law.

2. Eliminate gender discrimination, moving towards substantive equality between men and women in legal aid.

3. Establish and strengthen cooperative and supportive relationships between men and women in exercising the right to legal aid and in monitoring the implementation of gender equality guarantees in legal aid.

Article 4. Principles of Implementation

1. Adhere to the principles of legal aid operations and fundamental principles of gender equality.

2. Do not hold gender biases, do not obstruct or affect the actual equal access opportunities for men and women in legal aid activities.

3. Any acts of gender discrimination in legal aid, once discovered, must be promptly prevented, strictly dealt with, publicly disclosed, and handled according to the law.

4. Measures promoting gender equality in legal aid shall not be considered as gender discrimination.

Article 5. Evaluation and inspection of gender equality guarantees in legal aid

1. Organizations implementing legal aid shall conduct evaluations and report annually, urgently, or by topic on the guarantees of gender equality in legal aid. The content of the evaluation and reporting results includes:

a) Results of implementing gender equality guarantees in organizational structure, staff of legal aid implementers, and legal aid activities as stipulated in Chapters II and III of this Circular;

b) Analysis of causes, lessons learned; positive and negative impacts, and recommendations for solutions to ensure gender equality in legal aid.

2. Inspections on gender equality guarantees in legal aid shall be integrated into annual, urgent, or specialized inspection programs of agencies and units.

Chapter 2

ENSURING GENDER EQUALITY IN THE IMPLEMENTATION OF LEGAL AID ORGANIZATIONS

Article 6. Organizational structure and staff implementing legal aid

1. The organization implementing legal aid shall assign units or officers to be responsible for advising on ensuring gender equality in legal aid.

2. The organization implementing legal aid shall regularly review and assess the current situation and propose to competent authorities solutions to improve organizational structures and build a team of people implementing legal aid within their organization, ensuring gender balance between men and women in leadership and management positions (Director, Deputy Director, Head, Deputy Head of Departments, Specialized Units, Branches) and among those implementing legal aid (Legal Aid Assistants, Legal Aid Collaborators, Lawyers, Legal Advisors) and other employees.

3. The development of the legal aid collaborator team must ensure gender balance between men and women according to the geographical area, field, form of legal aid provided, in compliance with legal regulations and practical conditions at the local level. Encouragement and facilitation should be provided for women from ethnic minorities, those knowledgeable and skilled in gender issues, gender equality, domestic violence prevention, human trafficking prevention, and sexual abuse to participate as collaborators.

Article 7. Ensuring gender equality in improving the quality of human resources implementing legal aid

1. Annually, the organization implementing legal aid shall integrate training and capacity building on legal knowledge about gender equality, domestic violence prevention, human trafficking prevention, and sexual abuse into the training activities for those implementing legal aid.

2. The organization implementing legal aid shall ensure equal participation of men and women in training and capacity building for legal aid implementation; priority shall be given to sending those implementing legal aid to training and capacity building on gender equality, domestic violence prevention, human trafficking prevention, and sexual abuse. In cases where women have equivalent conditions and qualifications to men but the female ratio is low, preference shall be given to women.

3. The organization implementing legal aid shall provide time and work arrangements suitable for women who are legal aid implementers and are nursing children under 36 months old to participate in training and capacity building activities aimed at enhancing their professional expertise, vocational skills, and legal aid assistance capabilities.

Chapter 3

ENSURING GENDER EQUALITY IN LEGAL AID ACTIVITIES

Article 8. Identification and analysis of gender issues

1. When developing and implementing annual legal aid plans or launching legal aid activities, the organization implementing legal aid shall be responsible for identifying and analyzing gender issues and proposing measures to ensure gender equality in legal aid.

2. The content of identifying and analyzing gender issues in legal aid includes:

a) Analyzing the male-female ratio in the team of people implementing legal aid and the quality of human resources implementing legal aid;

b) Analyzing the male-female ratio in the total number of cases, the total number of people receiving legal aid, and in the cases specified in Article 12 of this Circular;

c) Analyzing the potential for gender inequality, gender discrimination in legal aid or activities hindering the right to legal aid for both men and women (if applicable);

d) Identifying gender issues, causes of gender inequality, gender discrimination in legal aid or activities hindering the right to legal aid for both men and women.

Article 9. Building and Implementing a Plan to Ensure Gender Equality in Legal Assistance

1. Based on the results of determining and analyzing gender issues as stipulated in Article 8 of this Circular, organizations providing legal assistance shall build and implement a Plan to Ensure Gender Equality in Legal Assistance through integration into the annual Legal Assistance Work Plan and other programs and plans.

2. The content of gender integration in building and implementing the Plan includes:

a) Information and communication activities regarding the rights of beneficiaries of legal assistance related to gender equality; prevention and combating domestic violence; prevention and combating human trafficking; prevention and combating sexual abuse;

b) Building organizational structures and teams of legal assistance providers in accordance with the provisions of Article 6 of this Circular;

c) Organizing training to enhance the quality of human resources for legal assistance within their organization;

d) Attracting participation from both men and women in the development of the legal assistance plan and in monitoring, evaluating, supervising, and inspecting the implementation of that plan;

đ) Building and expanding models ensuring gender equality in legal assistance that are suitable for the characteristics of their organization;

e) Determining the responsibilities of relevant agencies, organizations, and individuals; cooperation among agencies, organizations, and individuals in organizing the implementation and resources to ensure the implementation of the Plan after approval.

Article 10. Ensuring Equal Participation of Legal Assistance Providers in Legal Assistance Activities

1. Organizations providing legal assistance shall assign legal assistance providers to handle cases as stipulated in Article 12 of this Circular in accordance with the needs of beneficiaries of legal assistance and the capacity of their organization.

2. Organizations providing legal assistance shall publicly list their legal assistance providers so that beneficiaries of legal assistance can exercise their right to choose and change legal assistance providers. The list of legal assistance providers must clearly indicate gender, field of expertise, and work experience in the assigned field of expertise.

3. Female legal assistance providers who are caring for children under 36 months old shall be assigned to handle legal assistance cases in accordance with their capabilities and conditions. Organizations providing legal assistance have the responsibility to support and create favorable conditions for them during the process of implementing legal assistance activities.

Article 11. Ensuring Equal Participation of Beneficiaries of Legal Assistance in Exercising Rights and Obligations

1. When implementing legal assistance activities, organizations providing legal assistance and legal assistance providers have the responsibility to:

a) Closely cooperate with information and communication agencies, political-social organizations, political-social-professional organizations, social-professional organizations, and grassroots authorities to disseminate laws on gender equality and general information related to legal assistance cases as stipulated in Clause 1, Article 12 of this Circular;

b) Create conditions for beneficiaries of legal assistance to access and exercise their rights and obligations as prescribed by law without discrimination based on gender;

c) Not exert pressure or exploit gender weaknesses of beneficiaries of legal assistance to force them to immediately decide on the resolution of the case;

d) Inform beneficiaries of legal assistance about their rights and legitimate interests, the right to protection, fair treatment, and respect for other rights and obligations when requested by beneficiaries of legal assistance.

2. Organizations providing legal assistance shall select appropriate times and methods of legal assistance in accordance with gender characteristics, psychological traits, and local customs and traditions to ensure equal access for men and women to legal assistance activities, participation, and exercise of rights and obligations as prescribed by law.

Article 12. Implementing measures to protect and support individuals receiving legal aid who are mothers, young girls, victims of domestic violence, victims of trafficking, and victims of sexual assault.

Clause 1. When the individual receiving legal aid is a mother, young girl, victim of domestic violence, victim of trafficking, or victim of sexual assault and requests legal aid, the organization implementing legal aid and the person providing legal aid shall carry out the following tasks:

Point a) If the individual receiving legal aid requests a private meeting and does not want a third party to hear their presentation, the person providing legal aid shall be responsible for arranging an appropriate location, creating conditions for them to present information and provide materials about the case;

Point b) Providing information on the right to be protected by law, without being judged, blamed, pressured, frightened, or psychologically harmed;

Point c) Encouraging and explaining to the individual receiving legal aid to provide information about the case, with the aim of protecting their rights and legitimate interests as effectively as possible;

Point d) Advising on the law, explaining rights and obligations, ensuring confidentiality regarding the legal aid case as prescribed by law; guiding the individual receiving legal aid to access assistance and support services for victims; advising or proposing the application of protective and supportive measures for victims as prescribed by law;

Point đ) In cases where the individual receiving legal aid requires legal advice to prevent being trafficked again or legal aid to process registration for household registration, civil status, receive support benefits, claim compensation for damages, participate in litigation, and other related legal procedures concerning human trafficking cases, assign a person providing legal aid to assist them;

Point e) Proposing competent authorities to apply measures to ensure the safety of the individual receiving legal aid and their close relatives; guiding the individual receiving legal aid to request or proposing competent authorities to apply or revoke protective measures, negotiate, mediate, in order to best protect their rights and legitimate interests;

Point g) Supporting and helping the individual receiving legal aid to stabilize their mental state; if necessary, requesting the Court to appoint a person to assist at the Court to help the victim verify their statement, avoiding contact between the victim and the perpetrator when the victim is agitated or threatened to their honor and life;

Clause 2. The person providing legal aid has the responsibility to provide the address and information on support from the police, local authorities, associations, organizations, victim assistance and support facilities, and other social services to the individual receiving legal aid when necessary;

Clause 3. Upon discovering that the individual receiving legal aid is a victim of domestic violence, trafficking, or sexual assault, the organization implementing legal aid shall inform and coordinate with victim assistance and support facilities to implement supportive, protective, and legal aid measures as prescribed by law;

Clause 4. During the implementation of legal aid for victims of domestic violence, trafficking, or sexual assault, if signs of law violations are discovered, the organization implementing legal aid shall transfer the case to the competent authority for handling or propose the police to take supportive measures to ensure the safety of the victim.

Article 13. Funding for Ensuring Gender Equality in Legal Aid

1. The funding for ensuring gender equality in legal aid provided by the State Legal Aid Center shall be covered by the state budget and included in the annual budget estimate of the State Legal Aid Center in accordance with the provisions of the State Budget Law and related regulatory legal documents.

2. The funding for ensuring gender equality in legal aid provided by organizations participating in legal aid shall be implemented in accordance with the provisions of the law.

Chapter 4

RESPONSIBILITIES FOR ENSURING GENDER EQUALITY IN LEGAL AID OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

Article 14. Responsibilities of the Legal Aid Department

1. Assist the Minister of Justice in advising, implementing, and inspecting and evaluating the results of this Circular throughout the country.

2. Train professional skills and legal aid techniques in cases related to gender equality, domestic violence prevention, human trafficking prevention, and sexual abuse for the leadership and management staff of legal aid implementing organizations.

3. Monitor, inspect, evaluate results, replicate exemplary models, and propose solutions to ensure gender equality in legal aid.

4. Summarize, conclude, compile statistics, and report on gender equality work in legal aid activities.

Article 15. Responsibilities of the Department of Justice

1. Advise and assist the People's Committee of provinces and centrally governed cities in directing, guiding, inspecting, monitoring, summarizing, concluding, and ensuring necessary conditions for the implementation of this Circular at the local level.

2. Assist the People's Committee of provinces and centrally governed cities in integrating gender equality in legal aid into programs and plans; direct, guide, monitor, and inspect the implementation of gender equality in legal aid at the local level.

3. Take the lead in coordinating with the Department of Labor, Invalids and Social Affairs, the Department of Culture, Sports and Tourism, provincial public security agencies, Women's Union, Bar Association, Law Society, and relevant agencies and organizations to integrate gender equality in legal aid in accordance with their functions, tasks, and authorities.

4. Direct the State Legal Aid Center to implement measures to ensure gender equality in legal aid and in building and developing a team of volunteers as stipulated in Article 6 of this Circular.

Article 16. Responsibilities of the Managing Organization of Participating Legal Aid Organizations

1. Direct and create favorable conditions for subordinate legal aid organizations to implement measures to ensure gender equality in legal aid as prescribed in this Circular; compile, aggregate data, and report results annually, ad hoc, or by phase to the Department of Justice and the managing organization of the registered legal aid participating organization.

2. Coordinate with the Department of Justice to direct, guide, monitor, inspect, evaluate, summarize, and conclude the implementation of this Circular.

Article 17. Responsibilities of Legal Aid Implementing Organizations

1. Organize the implementation of measures to ensure gender equality in legal aid as prescribed in this Circular.

2. Coordinate with the Women's Union, labor and social welfare agencies, domestic violence counseling centers, family violence victim support centers, human trafficking victims, and related agencies and organizations to ensure the rights and obligations of beneficiaries of legal aid; integrate legal aid activities into the operations of related agencies and organizations.

3. Propose appropriate solutions to ensure gender equality in legal aid based on the conditions of the organization; coordinate with related agencies and organizations in implementing measures to ensure gender equality in legal aid.

4. Implement reporting, statistical, summarizing, concluding, and replicating exemplary models; propose competent authorities to reward or handle violations of laws regarding ensuring gender equality in legal aid.

5. Propose competent agencies and organizations to implement measures to ensure gender equality in legal aid; promptly address, recommend handling, or handle within authority new issues arising in practice in implementing measures to ensure gender equality in legal aid.

Article 18. Responsibilities of Legal Aid Providers

1. Implement the contents ensuring gender equality in legal aid as prescribed in this Circular in accordance with assigned tasks and authorities.

2. Timely identify issues and inadequacies and propose measures to ensure gender equality in legal aid; detect and propose competent agencies or organizations to handle violations of law or make recommendations on matters related to the enforcement of law to protect the legitimate rights and interests of beneficiaries of legal aid when they are harmed due to gender discrimination or to improve policies and laws on ensuring gender equality.

Chapter 5

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from July 1, 2014 and replaces Circular No. 07/2011/TT-BTP dated March 31, 2011 of the Minister of Justice guiding the implementation of gender equality in personnel organization and legal aid activities.

2. For legal aid cases accepted and not yet completed before the date this Circular takes effect, the legal aid implementing organizations shall continue to implement according to the provisions of Circular No. 07/2011/TT-BTP dated March 31, 2011 of the Minister of Justice guiding the implementation of gender equality in personnel organization and legal aid activities until the case is completed.

Article 20. Responsibility for Implementation

The Director of the Legal Aid Department, Heads of units under the Ministry, Directors of Provincial Departments of Justice, and relevant agencies, organizations, and individuals are responsible for enforcing this Circular. Any difficulties or new issues arising during implementation should be promptly reported to the Ministry of Justice for consideration and guidance./.