Circular No. 17/2014/TT-BTP on integrating gender equality issues in the drafting of legal regulations

CIRCULAR

Regulations on integrating gender equality issues in legislative drafting

1. The Legal Affairs Department shall take the lead and coordinate with relevant units to advise and assist the Minister in inspecting and handling regulatory legal documents within the responsibility and inspection authority of the Minister, urging and directing the inspection and handling of regulatory legal documents at the Ministry of Industry and Trade; urging, coordinating, guiding, and compiling the results of reviewing and systematizing common regulatory legal documents of the Ministry of Industry and Trade.

Pursuant to the Law on Gender Equality dated November 29, 2006;

Pursuant to the Law on Enacting Legal Normative Documents of People's Councils and People's Committees dated December 3, 2004;

Pursuant to the Law on Enacting Legal Normative Documents dated June 3, 2008;

Pursuant to Decree No. 70/2008/NĐ-CP dated June 4, 2008 detailing and guiding the implementation of certain articles of the Law on Gender Equality;

Pursuant to Decree No. 48/2009/NĐ-CP dated May 19, 2009 stipulating measures to ensure gender equality;

Pursuant to Decree No. 91/2006/NĐ-CP dated September 6, 2006 detailing and guiding the implementation of certain articles of the Law on Enacting Legal Normative Documents of People's Councils and People's Committees;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009 detailing and guiding the implementation of the Law on Enacting Legal Normative Documents;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decision No. 56/2011/QĐ-TTg dated October 14, 2011 of the Prime Minister promulgating the National Gender Development Indicators;

Pursuant to Decision No. 15/2014/QĐ-TTg dated February 17, 2014 of the Prime Minister promulgating the Reporting and Statistical Consolidation System applicable to Ministries and Sectoral Agencies;

Based on the proposal of the Director of the Department for General Issues of Legislative Drafting;

The Minister of Justice hereby promulgates this Circular on integrating gender equality issues in the drafting of legal normative documents.

PART I
GENERAL PROVISIONS

Article Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the principles of integrating gender equality issues in the drafting of legal normative documents; the process of integrating gender equality issues in the drafting of legal normative documents, and the responsibilities of the main drafting agencies, reviewing agencies, and examining agencies in implementing the integration of gender equality issues in the legislative drafting process.

Article 2. Purpose of integrating gender equality issues in the drafting of legal normative documents

Integrating gender equality issues in the drafting of legal normative documents (hereinafter referred to as "documents") is a measure to achieve the goal of gender equality, eliminate gender discrimination, ensure the rights and legitimate interests appropriate to the characteristics of each gender; create equal opportunities for men and women in all areas of social life and family; ensure substantive equality between men and women.

Article 3. Principles of integrating gender equality issues in the drafting of legal normative documents

1. Integration of gender equality issues is implemented throughout the entire legislative drafting process.

2. Ensuring that no new gender inequality is generated, ensuring the rights of each gender in the content, procedures, and processes of drafting and enacting documents according to regulations.

3. Ensuring the participation of labor, war invalids, and social affairs agencies, the Vietnam Women's Union. Mobilizing the participation of the Vietnam Fatherland Front and its member organizations, relevant organizations, and individuals in accordance with the provisions of the law.

Article 4. Responsibilities for reporting and statistics on integrating gender equality issues

The Minister, the Heads of Ministries equivalent to Ministries, and the Chairmen of Provincial People's Committees shall regularly report annually on the number and proportion of documents integrated with gender equality issues in their drafting and submitted to competent authorities for issuance or issued within their authority. The deadline for compiling annual reports shall be carried out in accordance with point b, Clause 1, Article 6 of Circular No. 20/2013/TT-BTP dated December 3, 2013 of the Minister of Justice guiding certain contents of statistical activities in the judicial sector and sent to the Ministry of Justice for consolidation.

Chapter II
IMPLEMENTING THE INTEGRATION OF GENDER EQUALITY ISSUES IN LEGISLATIVE DRAFTING

Section 1
CONTENTS OF INTEGRATING GENDER EQUALITY ISSUES IN LEGISLATIVE DRAFTING

Article 5. Determining Gender Issues

The agency proposing to draft the document, the agency making the Program proposal for drafting the document, the leading agency drafting the document, the agency reviewing and examining the draft document shall conduct examination and analysis to identify potential gender inequality and discrimination that may arise in the fields and social relations regulated by the document.

Article 6. Identifying Causes of Gender Issues

1. The leading agency drafting the document shall carry out a review and summary of the implementation of current policies and regulations on gender equality and measures ensuring gender equality in the fields and social relations regulated by the document.

2. Based on the results of the review and summary of implementation, examine and evaluate the causes of gender issues:

a) Gender inequality and discrimination due to the absence of legal provisions to regulate such matters;

b) Gender inequality and discrimination due to existing legal provisions;

c) Gender inequality and discrimination due to the lack of measures to ensure enforcement, or due to the enforcement process;

d) Gender inequality and discrimination due to the absence of measures promoting gender equality or measures protecting mothers and children.

Article 7. Proposing Solutions to Address Gender Issues

1. Based on the analysis of the causes leading to gender inequality and discrimination, propose solutions, specifically:

a) In cases where gender inequality or discrimination arises due to the absence of legal provisions to regulate such matters, propose supplementing relevant policies and provisions in the draft document to ensure gender equality;

b) In cases where gender inequality arises from existing legal provisions, amend those provisions in the draft document to ensure gender equality;

c) In cases where legal provisions already ensure gender equality but lack enforcement measures, propose supplementing enforcement measures in the draft document or recommend the competent authority to apply enforcement measures to ensure gender equality;

d) Propose applying measures to promote gender equality and measures to protect mothers and children.

2. Examine and assess the completeness, reasonableness, and feasibility of measures ensuring gender equality in the proposed policy and draft document, analyze the measures and their ability to achieve the set goals, taking into account conditions, time, finance, human resources, dissemination and communication work, mandatory evaluation and supervision mechanisms.

Article 8. Impact Assessment of Policies and Solutions to Address Gender Issues

1. Analyze the necessity of proposing solutions to address gender inequality and discrimination; the current status of men and women in relation to the proposed provisions in the draft document.

2. Analyze and compare the specific objectives of the draft document concerning gender equality with the general objectives determined according to the Law on Gender Equality and related documents. Examine whether the proposed solutions ensure substantive gender equality and protect the rights of mothers and children.

3. Forecast the impact on each gender within the scope of regulation of the document after its promulgation, specifically:

a) The impact on the position and role of each gender in the intended regulated field;

b) The impact on the opportunities and conditions for each gender to develop their capabilities to fulfill their rights and obligations;

c) The impact on the opportunities to benefit from the outcomes of the policy solutions that the intended document will regulate for each gender.

4. Analyze potential risks or obstacles that may arise when addressing gender issues.

Article 9. Determining responsibility and resources to address gender issues in policy planning and draft documents

The responsibilities of agencies, organizations, and individuals in ensuring gender equality in policy planning and draft documents include the following contents:

1. Responsibilities of the leading agency and cooperating agencies in implementing regulations on gender equality;

2. Ensuring necessary conditions regarding resources for implementing gender equality issues in draft documents, including:

a) Organizational structure, human resources, and budget to ensure implementation;

b) Infrastructure, technical facilities, information technology, and communication;

c) Training and capacity building in specialized skills for integrating gender equality issues in drafting legal normative documents.

3. Responsibility for monitoring and supervising the implementation of gender equality policies, sanctions to ensure enforcement of relevant laws related to gender issues.

Section 2
INTEGRATING GENDER ISSUES INTO PROPOSALS LEGISLATIVE DRAFTING

Article 10. Integrating gender issues into proposals for drafting legal normative documents

1. Agencies, organizations, and individuals proposing to draft documents have the responsibility to clearly explain the necessity of integrating gender issues into the drafting of legal normative documents through:

a) Identifying and analyzing gender equality or gender inequality, gender discrimination according to laws on gender equality and Articles 5, 6, 7, 8, and 9 of this Circular;

b) Forecasting general contents related to gender equality or gender inequality, gender discrimination in the proposed policies stipulated in the draft document;

c) Preliminary forecasting the impact of the proposed policies on each gender; proposing basic policies to ensure gender equality or resolve gender inequality, gender discrimination.

2. Agencies, organizations, and individuals proposing to draft documents shall reflect the contents prescribed in Clause 1 of this Article in the Explanation of the Proposal to Draft Documents and the Preliminary Impact Assessment Report submitted to the agency responsible for compiling the Program for Drafting Legal Normative Documents. In cases where the proposal for drafting documents does not comply with the requirements of the law on promulgating legal normative documents, the agency responsible for compiling the Program for Drafting Legal Normative Documents shall request such agencies, organizations, and individuals to complete the dossier in accordance with the requirements.

Article 11. Integrating gender issues in proposing the Program for Drafting Legal Normative Documents

The agency responsible for proposing the Program for Drafting Legal Normative Documents shall implement the integration of gender equality issues as follows:

1. Identifying contents related to gender equality or gender inequality, gender discrimination in proposed documents;

2. Reviewing files and evaluating the integration of gender equality issues according to the requirements stipulated in Article 10 of this Circular.

If necessary, the agency responsible for proposing the program for drafting legal normative documents may invite representatives from the labor, war invalids, and social affairs agency, the Vietnam Women's Union, relevant agencies and organizations, and gender experts to participate in reviewing and assessing proposals for drafting documents that may contain provisions on gender equality or gender inequality, gender discrimination.

3. In cases where it is determined that the draft document contains contents related to gender equality, gender inequality, gender discrimination but the proposal dossier has not implemented the integration of gender equality in drafting documents, the agency responsible for proposing the program for drafting legal normative documents shall require the proposing agencies, organizations, and individuals to integrate gender equality and complete the dossier in accordance with the provisions of Article 10 of this Circular.

Section 3
INTEGRATING GENDER ISSUES INTO DRAFTING CONSOLIDATED LEGAL DOCUMENT

Article 12. Incorporating gender equality issues in the establishment of Drafting Committees, Editorial Groups, or Drafting Teams

Incorporating gender equality in the establishment of Drafting Committees, Editorial Groups, or Drafting Teams shall be carried out as follows:

1. Ensuring the participation of representatives from labor, war invalids, and social affairs agencies, the Vietnam Women's Union, while ensuring equal participation of men and women in Drafting Committees, Editorial Groups, or Drafting Teams for draft documents identified as having gender inequality or gender discrimination issues.

2. In cases where gender equality or gender inequality, gender discrimination issues are discovered during the drafting process, additional members from the agencies and organizations specified in Clause 1 of this Article shall be included in the Drafting Committee, Editorial Group, or Drafting Team, or invited to participate in the drafting process.

3. Mobilizing the participation of the Vietnam Fatherland Front and its member organizations, the Women's Progress Board, and gender experts in the drafting process according to the regulations.

Article 13. Incorporating gender equality issues during the drafting of legal regulatory documents

During the drafting process, the leading agency responsible for drafting shall implement the incorporation of gender equality issues as follows:

1. Analyzing and evaluating gender issues in accordance with the provisions of the Law on Gender Equality, detailed regulations, and guiding documents for implementing the Law, and the provisions of Points 5, 6, 7, 8, and 9 of this Circular.

2. For draft laws, ordinances, decrees that require impact assessment reports pursuant to Article 38 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and implementing the Law on Enacting Legal Regulatory Documents, the leading agency responsible for drafting shall conduct a gender policy impact assessment according to the contents stipulated in Points 5, 6, 7, 8, and 9 of this Circular concurrently with the economic and social impact assessment of the draft document.

For decisions of the Prime Minister, circulars, joint circulars, decisions of People's Committees, and resolutions of People's Councils, the content of the gender policy impact assessment is part of the Petition or detailed explanation of the draft document.

3. Consulting and soliciting opinions from labor, war invalids, and social affairs agencies, the Vietnam Women's Union, relevant agencies and organizations, gender experts, scientists, and direct subjects affected by the document. Seeking societal feedback from the Vietnam Women's Union on gender equality or gender inequality, gender discrimination issues in the draft document.

4. Clearly stating in the Petition of the draft document the content of incorporating gender equality issues along with related gender information and data (if any).

5. Reporting on the adoption and explanation of opinions from agencies, organizations, and individuals regarding gender equality or gender inequality, gender discrimination issues, and societal feedback from the Vietnam Women's Union in the Report on Adopting and Explaining Opinions of the draft document.

Section 4
INCORPORATING GENDER EQUALITY ISSUES IN REVIEW DRAFT LEGAL REGULATORY DOCUMENTS

Article 14. Integration of gender equality issues in the review process

During the review process of draft documents, judicial agencies and legal organizations cooperate with labor, war invalids, and social affairs agencies to assess the integration of gender equality issues in the drafting of documents and propose that the labor, war invalids, and social affairs agencies provide written comments on the integration of gender equality issues in the draft documents. The assessment is conducted according to the provisions set out in Clause 3 of Article 21 of the Law on Gender Equality and Article 17 of this Circular.

Article 15. Documents for requesting review

1. The review documents for draft documents determined to have content related to gender equality or gender inequality, discrimination based on gender shall be carried out in accordance with the laws on promulgating normative legal documents and the following documents:

a) Social feedback opinions on policies and laws on gender equality from the Vietnam Women's Union;

b) Report on the integration of gender equality issues during the drafting process of the draft document. This content is reflected in the Impact Assessment Report or the Draft Document Submission for documents not required to conduct an impact assessment.

2. In cases where the review documents are incomplete as stipulated in Clause 1 of this Article, the reviewing agency requests the main drafting agency to supplement the documents. The main drafting agency supplements the documents within the latest period of 07 (seven) working days from the date of receipt of the request for supplementation.

Article 16. Editing and finalizing draft normative legal documents

1. In cases where during the drafting process, the main drafting agency cannot determine whether the draft document contains gender inequality or gender-based discrimination but such content is identified during the review process, the reviewing agency requests the main drafting agency to integrate gender equality issues, explain clearly the relevant contents, finalize the draft document, and submit the review documents.

2. In cases where there are differing opinions among relevant agencies regarding gender equality issues, the reviewing agency organizes meetings with representatives of the main drafting agencies, labor, war invalids, and social affairs agencies, the Vietnam Women's Union or the Committee for Women's Advancement, the Vietnam Fatherland Front, and other relevant agencies and organizations to discuss and reach consensus before submitting the draft document.

Article 17. Content of the review on gender equality issues

The review content on gender equality for draft documents is carried out in accordance with Articles 5, 6, 7, 8, and 9 of this Circular and ensures the following contents:

1. The necessity of establishing gender policies in the draft document;

2. The appropriateness of the gender policy provisions in the draft document with the Party's guidelines and policies, state policies, and laws.

3. The constitutionality, legality, and consistency of the gender equality policy provisions in the draft document with the legal system and compatibility with international treaties relevant to the Socialist Republic of Vietnam.

4. The rationality and feasibility of measures to address gender equality issues, including the alignment between regulations and practical requirements, societal development levels, and implementation conditions.

5. Ensuring principles of gender equality in the draft document.

6. Compliance with procedures and processes for integrating gender equality issues in the drafting of draft documents by the main drafting agency.

Article 18. Report on Review

In addition to the contents reviewed as prescribed by laws on promulgating legal normative documents, the report must include a section on reviewing the integration of gender equality issues, reflecting the review process's consideration and assessment of the integration of gender equality issues in the draft document, and the results of integrating gender equality issues by the drafting agency. If it is determined that the draft document does not contain content related to gender equality issues, the report should clearly reflect that this issue has been considered and assessed during the review process of the draft document.

Article 19. Incorporation and Explanation of Review Opinions

The drafting agency of the draft document shall study, incorporate, and explain opinions on review regarding contents related to gender equality issues in the Report on Incorporation and Explanation of Draft Document.

Section 5
INTEGRATION OF GENDER EQUALITY ISSUES IN THE REVIEW OF LEGAL NORMATIVE DOCUMENT DRAFTS BY THE GOVERNMENT OFFICE, PROVINCE PEOPLE'S COUNCIL, COUNTY PEOPLE'S COUNCIL

Article 20. Integration of Gender Equality Issues in Review

1. For forms of documents such as laws and ordinances of the National Assembly, the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister, when the drafting agency submits the draft, the unit with the function of reviewing the file at the Government Office shall conduct the review of the file according to the provisions of Article 29 and Article 33 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and providing implementation measures for the Law on Enacting Legal Normative Documents.

2. For resolutions of provincial People's Councils and resolutions of county People's Councils, the Council's Board assigned to review shall implement the review of the draft document in coordination with relevant agencies to consider and assess gender equality issues according to the provisions of Article 21 of this Circular.

3. In cases where there are differing opinions on gender equality issues during the review process, the reviewing agency may convene meetings with representatives from the drafting agency, labor, war invalids, and social affairs agencies, the Vietnam Women's Union, the Vietnam Fatherland Front, judicial agencies, and other relevant agencies and organizations to discuss and reach consensus before submitting the draft document.

Article 21. Contents of Review on Integration of Gender Equality Issues

The contents of reviewing gender equality issues in the draft document include the following:

1. Determining gender issues and measures to address gender issues in the draft document;

2. Ensuring principles of gender equality in the draft document, including proposing measures to promote gender equality for draft documents such as laws and ordinances, decrees;

3. The feasibility of the draft document to ensure gender equality issues;

4. Compliance with procedures and processes for integrating gender equality issues in the drafting of the draft document by the drafting agency.

Article 22. Report on Review

In addition to the contents reviewed as prescribed by laws on promulgating legal normative documents, the report must include a section on reviewing the integration of gender equality issues.

Article 23. Adoption and Explanation of Review Comments

The leading agency drafting the draft document shall study, adopt, and explain review comments related to gender equality issues in the Report on Adoption and Explanation of the Draft Document.

Chapter III
IMPLEMENTING PROVISIONS

Article 24. Effective Date

This Circular takes effect from October 1, 2014.

Article 25. Responsibility for Implementation

Within their respective functions and tasks, Ministries, ministerial-level agencies, and People's Committees at all levels shall guide and organize the implementation of integrating gender equality issues into law-making activities in accordance with the provisions of this Circular. During the implementation process, if there are any difficulties or new issues arising, they are requested to promptly report to the Ministry of Justice for consideration and guidance./.