Decree No. 48/2009/ND-CP on measures to ensure gender equality

DECREE

Regulations on Measures to Ensure Gender Equality

____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of Clause 5 Article 11, Clause 2 Article 12, Clause 3 Article 13, Clause 4 and Clause 5 Article 14, Clause 3 Article 17, Article 19, Article 21, Article 23, Article 24, Point e and Point g Clause 2 Article 32 of the Law on Gender Equality regarding:

1. Information, education, and communication on gender and gender equality.

2. Incorporating gender equality issues in the drafting of regulatory legal documents.

3. Measures to promote gender equality; support policies for female civil servants, public officials, and employees; support activities for gender equality in remote areas, ethnic minority regions, and economically disadvantaged regions.

4. Financial resources for gender equality activities

Article 2. Applicability

State agencies, political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, economic organizations, public service units, people's armed forces units, families, and Vietnamese citizens; foreign agencies and organizations operating within Vietnam, and foreign individuals residing in Vietnam (hereinafter referred to collectively as agencies, organizations, and individuals).

Chapter II

INFORMATION, EDUCATION, AND COMMUNICATION ON GENDER AND GENDER EQUALITY

Article 3. Requirements for information, education, and communication on gender and gender equality

1. The content and form of information, education, and communication on gender and gender equality must meet the following requirements:

a) Comply with the basic principles of gender equality as stipulated in Article 6 of the Law on Gender Equality;

b) Direct and encourage the implementation of gender equality in all aspects of social life and family;

c) Not carry gender bias, not create gender bias; eliminate all forms of gender discrimination;

2. Individuals engaged in information, education, and communication on gender and gender equality must have knowledge about gender and gender equality.

Article 4. Content of information, education, and communication on gender and gender equality

1. Policies and laws on gender equality.

2. Knowledge, information, and statistics on gender and gender equality.

3. Harm caused by gender stereotypes and gender discrimination; efforts to combat, prevent, and handle violations of laws on gender equality.

4. Measures, good practices, models, and exemplary cases in implementing policies and laws on gender equality, combating gender discrimination and gender stereotypes.

5. Other contents related to gender and gender equality.

Article 5. Forms of information, education, and communication on gender and gender equality

1. Forms of information and communication on gender and gender equality:

a) Through spokespersons and communicators;

b) Through mass media, the Internet, and community loudspeakers;

c) Publishing promotional materials and literature;

d) Through traditional cultural forms, mass cultural activities, literary and artistic creation, and community events;

đ) Through organizing legal knowledge contests;

e) Through the activities of various types of clubs;

g) Incorporating into the activities of organizations, individuals, families, and society;

h) Other forms of information and communication.

2. Forms of education on gender and gender equality

a) Incorporating content on gender and gender equality into educational programs in schools and other educational institutions of the national education system, state agencies, political organizations, political-social organizations, other organizations, and the people's armed forces, appropriate to each level of education and training;

b) Incorporating content on gender and gender equality into extracurricular activities;

c) Other forms of education

Article 6. Responsibilities of agencies, organizations, and individuals in providing information, education, and communication on gender and gender equality

1. Ministries, ministerial-level agencies, People's Committees at all levels, and other agencies and organizations shall, within their assigned functions, tasks, and authorities, implement information dissemination, propaganda, popularization, and education on gender knowledge, policies, and laws on gender equality as stipulated in Articles 3, 4, 5, 6, 7, and 11 of Decree No. 70/2008/ND-CP dated June 4, 2008, detailing the implementation of certain provisions of the Law on Gender Equality (hereinafter referred to collectively as Decree No. 70/2008/ND-CP).

2. The Ministry of Labor, Invalids and Social Affairs:

a) Take the lead and coordinate with the Vietnam Women's Union Central Committee and relevant ministries and sectors to develop source materials on gender and gender equality; build and train a team of gender and gender equality propagandists.

b) Coordinate with the Vietnam Fatherland Front Central Committee, the Vietnam Women's Union Central Committee, and other member organizations of the Front to implement information dissemination, education, and communication on gender and gender equality as prescribed in point c, Clause 1, Article 15, Clause 4, Article 16 of Decree No. 70/2008/ND-CP and other provisions of this Decree.

3. The Ministry of Justice shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to train central-level legal reporters on gender knowledge and policies and laws on gender equality.

4. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs and other relevant ministries and sectors to train knowledge and laws on gender and gender equality for those working in information and communication.

5. The Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Home Affairs, and other relevant ministries and sectors shall review teaching programs and materials to eliminate gender-biased knowledge, information, and images; regularly organize training sessions on gender knowledge, policies, and laws on gender equality for teachers in each sector's educational institutions.

6. People's Committees at all levels shall direct, guide, and organize the dissemination and popularization of gender knowledge, policies, and laws on gender equality for local cadres and people; direct local information and propaganda agencies to allocate appropriate time for disseminating and promoting gender and gender equality on mass media; direct local judicial agencies to take the lead and coordinate with relevant agencies and organizations to train gender knowledge and policies and laws on gender equality for provincial and district-level legal reporters and grassroots-level legal propagandists.

7. Schools and other educational institutions under the national education system, state agencies, political organizations, socio-political organizations, other organizations, and the people's armed forces have the responsibility to implement integrated education programs on gender knowledge and gender equality; research and propose to competent state agencies to amend and supplement educational programs on gender or integrate gender knowledge and gender equality in accordance with the requirements of each level of education, training level, and learning needs.

8. Mass media agencies, within their assigned tasks and authorities, shall be responsible for allocating time for disseminating and popularizing the Party's guidelines and State laws on gender equality; take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to establish special sections, columns, news articles on gender equality; introduce exemplary models, advanced examples, good people and deeds in implementing gender equality; criticize actions violating laws on gender equality.

9. Economic organizations and social organizations shall carry out the dissemination and popularization of gender knowledge, policies, and laws on gender equality within their responsibilities.

10. Vietnamese citizens shall be responsible for studying to enhance their understanding and awareness of gender and gender equality; participate in disseminating, educating, and mobilizing family members to implement policies and laws on gender equality.

Chapter III

INTEGRATING THE ISSUE OF GENDER EQUALITY INTO LEGISLATIVE DOCUMENT BUILDING

Article 7. Requirements and scope for integrating gender equality issues in the development of regulatory legal documents

1. Ensure basic principles on gender equality in the content, procedures, and processes of drafting, promulgating, reviewing, and systematizing regulatory legal documents in accordance with the Law on Enacting Regulatory Legal Documents and the Law on Enacting Regulatory Legal Documents of People's Councils and People's Committees.

2. The integration of gender equality issues shall be applied to draft regulatory legal documents determined to have content related to gender equality or issues of gender inequality and gender discrimination within the scope of regulation of the document.

Article 8. Content for integrating gender equality issues in the development of regulatory legal documents

Within the scope of regulation of regulatory legal documents:

1. Identify content related to gender equality issues or issues of gender inequality and gender discrimination.

2. Provide necessary measures to implement gender equality or address issues of gender inequality and gender discrimination; forecast the impact of these provisions on men and women after promulgation.

3. Determine the necessary human resources and financial resources to implement measures for gender equality or to address issues of gender inequality and gender discrimination.

Article 9. Responsibilities of agencies, organizations, and individuals in proposing and recommending the development of regulatory legal documents

1. In cases where content related to gender equality or issues of gender inequality and gender discrimination is identified within the scope of regulation of regulatory legal documents, agencies, organizations, and individuals proposing and recommending the development of regulatory legal documents shall be responsible for forecasting policies and measures to implement gender equality or address issues of gender inequality and gender discrimination in the explanatory memorandum accompanying their proposals and recommendations.

2. In cases where the proposal or recommendation for the development of regulatory legal documents is accepted but the agency, organization, or individual proposing or recommending it is not assigned the main responsibility for drafting the document, they shall be responsible for providing relevant materials on gender equality, gender inequality, and gender discrimination to the agency primarily responsible for drafting the document upon request.

Article 10. Responsibilities of the agency primarily responsible for drafting regulatory legal documents

During the drafting process of regulatory legal documents containing content related to gender equality or issues of gender inequality and gender discrimination, the agency primarily responsible for drafting shall be responsible for:

1. Implementing the integration of gender equality issues in the development of regulatory legal documents according to the contents stipulated in Article 8 of this Decree.

2. Ensuring the participation of representatives from state management agencies on gender equality and the Vietnam Women's Union during the drafting process of regulatory legal documents.

3. Consulting and soliciting opinions from gender experts, individuals, and organizations directly affected by the regulatory legal documents; consolidating and studying, and adopting the feedback provided.

4. Including in the report submitted to the competent authority regarding the draft regulatory legal document the content of integrating gender equality issues; related appendices of gender information and data concerning the draft document (if applicable); and reports explaining the adoption of opinions from the subjects specified in Clause 3 of this Article and the social critique opinions of the Vietnam Women's Union on gender equality policies and laws.

Article 11. Responsibilities of the agency responsible for examining legal normative documents regarding the assessment of gender equality issues in the drafting of legal normative documents

1. Conduct an assessment of the integration of gender equality issues in the drafting of legal normative documents according to the contents stipulated in Clause 3, Article 21 of the Law on Gender Equality simultaneously with the examination of legal normative documents.

2. Propose the state management agency on gender equality to cooperate in assessing the integration of gender equality issues in the drafting of legal normative documents.

Article 12. Responsibilities of the state management agency on gender equality regarding the integration of gender equality issues in the drafting of legal normative documents

1. Appoint representatives to participate in the Drafting Board, Editorial Group, or contribute opinions on draft legal normative documents at the request of the agency primarily responsible for drafting legal normative documents.

2. Provide a written evaluation opinion on the integration of gender equality issues or appoint representatives to participate in the Examination Council at the request of the agency responsible for examining legal normative documents.

Article 13. Responsibilities of Ministries and ministerial-level agencies in reviewing and systematizing legal normative documents to ensure gender equality

Ministries and ministerial-level agencies have the responsibility to review and systematize legal normative documents within their sectoral and field responsibilities; if they determine that there are issues related to gender equality or gender discrimination, they shall amend, supplement, replace, or abolish legal normative documents within their authority or propose relevant state agencies to do so to implement gender equality or resolve issues of gender inequality and discrimination.

Chapter IV

MEASURES TO PROMOTE GENDER EQUALITY; SUPPORT POLICIES FOR WOMEN OFFICIALS, CIVIL SERVANTS, AND CIVILIAN STAFF; SUPPORT FOR GENDER EQUALITY ACTIVITIES IN REMOTE, BORDER, ETHNIC MINORITY AREAS, AND AREAS WITH SPECIAL DIFFICULT ECONOMIC AND SOCIAL CONDITIONS

Article 14. Measures to promote gender equality

1. Measures to promote gender equality are measures aimed at ensuring substantive gender equality, issued by the National Assembly, the Standing Committee of the National Assembly, and the Government in cases where there is a significant disparity between men and women in positions, roles, conditions, opportunities to develop capabilities, and enjoy the fruits of development, which cannot be reduced by applying equal provisions for both genders. These measures are implemented for a specific period and cease when the goal of gender equality is achieved.

2. Measures to promote gender equality include:

a) Specifying the ratio of men and women or ensuring a reasonable proportion of women's participation and enjoyment in various aspects of social life;

b) Training and enhancing the capacity of women or men to meet professional standards and other requirements set forth by law;

c) Supporting and creating conditions and opportunities for women or men to strengthen sharing between women and men in household and social work in accordance with the goal of gender equality;

d) Specifying special criteria and conditions for women or men to implement preferential policies in specific fields;

đ) Specifying that women have the right to choose and preference for women when they meet the same conditions and criteria as men to ensure gender equality.

Article 15. Proposals and recommendations for promulgating regulations on measures to promote gender equality

Clause 1. Regulations on measures to promote gender equality shall be promulgated in the form of legal normative documents.

Clause 2. Ministries, ministerial-level agencies, provincial People's Committees under central government jurisdiction may propose the Government to promulgate regulations on measures to promote gender equality within their authority; they may also request the Government to submit such regulations to the National Assembly or the Standing Committee of the National Assembly for promulgation within their authority.

Clause 3. The Vietnam Fatherland Front Central Committee and its member organizations may propose the National Assembly, the Standing Committee of the National Assembly, or the Government to promulgate regulations on measures to promote gender equality within their authority.

Clause 4. Other state agencies, organizations, and individuals may propose or recommend the National Assembly, the Standing Committee of the National Assembly, or the Government to promulgate regulations on measures to promote gender equality within their authority.

Clause 5. The procedures and formalities for proposing and recommending competent authorities to promulgate regulations on measures to promote gender equality shall be carried out in accordance with the provisions of the Law on Promulgation of Legal Normative Documents.

Clause 6. Proposals for promulgating regulations on measures to promote gender equality shall include the following contents:

Point a) The impact of current laws on men and women and the existing gender disparities and discrimination in reality.

Point b) The content of measures to promote gender equality.

Point c) Predicted impacts of the measures on women and men after promulgation.

Point d) Determining the necessary human resources and financial resources to implement measures to promote gender equality.

Article 16. Responsibilities of state agencies in drafting, submitting for promulgation, guiding, and organizing the implementation of regulations on measures to promote gender equality in political, economic, labor, education, and training fields

The responsibilities of state agencies in drafting, submitting for promulgation, guiding, and organizing the implementation of measures to promote gender equality as stipulated in point g, Clause 1, Article 19 of the Gender Equality Law:

Clause 1. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and sectors:

Point a) Draft and submit to the Government for the Government to submit to the National Assembly on the proportion of female candidates for National Assembly deputies and People's Council representatives in the next term that aligns with the gender equality goal, ensuring gender equality in the consultation process. The submission to the Government must be completed at least six months before the election day for National Assembly deputies or People's Council representatives and must include written opinions from the Ministry of Labor, Invalids and Social Affairs and the Central Committee of the Vietnam Women's Union.

Point b) Draft and submit to the Government for promulgation, guidance, and implementation of regulations on planning and sourcing female cadres; regulations on appropriate female quotas for appointment to positions in state agencies; regulations on the proportion of female leaders in agencies and organizations with thirty percent or more female employees in line with national gender equality goals; regulations on appropriate male and female quotas, giving preference to females when they meet the standards set for males in recruitment, planning, training, development, and appointment.

Point c) Review and recommend competent authorities to amend, supplement, guide, and implement regulations on the age limit for appointing, training, and developing female officials, civil servants, and public servants to ensure equality between men and women; integrate knowledge about gender and gender equality into training and development programs for officials, civil servants, and public servants.

Clause 2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Planning and Investment, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and other relevant ministries and sectors to draft and submit to competent authorities for promulgation, guidance, and implementation:

Point a) Tax and financial incentives for businesses employing a large number of female workers.

Point b) Credit support for agricultural, forestry, and fisheries promotion for rural female workers.

Clause 3. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Finance, the Ministry of Education and Training, and other relevant ministries and sectors to draft and submit to competent authorities for promulgation, guidance, and implementation:

Point a) Regulations on the proportion of male and female workers recruited according to each type of work and profession; regulations giving preference to females in recruitment when they meet the conditions and criteria set for males.

Point b) Regulations on training and capacity enhancement for female workers.

Point c) Regulations on vocational training support for rural female workers.

Point d) Regulations on the responsibility of employers to provide safe working conditions for female workers in heavy, dangerous jobs or those involving hazardous substances.

Point đ) Regulations encouraging agencies and organizations to support female workers participating in training and development while caring for children under thirty-six months old; creating conditions for male workers to enjoy full salary and allowances when their wives give birth.

Clause 4. The Ministry of Education and Training shall take the lead and coordinate with other relevant ministries and sectors to draft and submit to competent authorities for promulgation, guidance, and implementation regulations on appropriate male and female ratios, giving preference to females when they meet the conditions and criteria set for males in education, training, and development.

Article 17. Termination of Implementation of Measures to Promote Gender Equality

1. Measures to promote gender equality shall be terminated when there are sufficient grounds to determine that economic, cultural, and social conditions causing significant disparities between men and women have changed, leading to the measures for promoting gender equality being no longer necessary.

2. Based on reviewing and evaluating current legal provisions and implementation practices, comparing with gender equality goals and specific economic, cultural, and social conditions, agencies, organizations, and individuals specified in Clauses 2, 3, and 4 of Article 15 of this Decree shall have the responsibility to propose competent authorities to decide on terminating the implementation of measures to promote gender equality.

3. The procedures and formalities for amending, supplementing, and abolishing normative legal documents to terminate the implementation of measures to promote gender equality shall be carried out in accordance with the laws on promulgating normative legal documents.

4. The dossier proposing amendments, supplements, and abolition of normative legal documents to terminate the implementation of measures to promote gender equality must include the following contents:

a) A report analyzing and assessing the implementation of measures to promote gender equality and the level of gender equality achieved, including opinions from experts and directly affected parties in relevant fields;

b) An explanation regarding the necessity to terminate the implementation of measures to promote gender equality;

c) Written opinions from relevant agencies and organizations, societal feedback from the Vietnam Women's Union, and evaluations from the agency responsible for examining normative legal documents and the state management agency on gender equality concerning the termination of the implementation of measures to promote gender equality. In cases where agencies, organizations, or individuals propose the National Assembly Standing Committee or the National Assembly to terminate the implementation of measures to promote gender equality within their authority, they must also include written opinions from the Government.

Article 18. Responsibilities for Building, Submitting to Competent Authorities for Issuance, Guidance, and Organization of Implementation of Provisions Supporting Female Civil Servants, Public Officials, and Employees Participating in Training and Capacity Building While Bringing Children Under Thirty-Six Months Old

The Ministry of Interior shall take the lead and coordinate with the Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and other related ministries and sectors to build, submit to competent authorities for issuance, provide guidance, and organize the implementation of provisions supporting female civil servants, public officials, and employees participating in training and capacity building while bringing children under thirty-six months old, specifically:

1. Establish flexible forms of training suitable to the conditions and circumstances of female civil servants, public officials, and employees who are raising young children.

2. Provide financial support; create favorable conditions for accommodation, childcare facilities, and kindergartens when female civil servants, public officials, and employees bring their children to training and capacity-building institutions.

Article 19. Responsibilities for Building, Submitting to Competent Authorities for Issuance, Guidance, and Organization of Implementation of Provisions Supporting Activities Promoting Gender Equality in Remote Areas, Ethnic Minority Regions, and Areas with Particularly Difficult Economic and Social Conditions

1. The Ministry of Health shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and other related ministries and sectors to build, submit to competent authorities for issuance, provide guidance, and organize the implementation of health insurance policies and other supportive policies related to healthcare for poor women residing in remote areas, ethnic minority regions, and areas with particularly difficult economic and social conditions who give birth in compliance with population policies, excluding those participating in mandatory social insurance.

2. The Committee for Ethnic Minorities shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and other related ministries and sectors to build, submit to competent authorities for issuance, provide guidance, and organize the implementation of special policies supporting activities promoting gender equality in remote areas, ethnic minority regions, and areas with particularly difficult economic and social conditions.

Chapter V

FINANCING FOR GENDER EQUALITY ACTIVITIES

Article 20. Financial sources for gender equality activities

1. Financial sources for gender equality activities include: state budget funds; voluntary contributions from organizations and individuals; and other lawful revenues.

2. The state budget at each level shall ensure funding for gender equality activities of agencies and organizations at that level according to the annual state budget expenditure estimates of those agencies and organizations.

3. The State encourages agencies and organizations to integrate the implementation and guarantee of gender equality into the use of established funds of those agencies and organizations in accordance with the provisions of the law.

Article 21. Receiving and using voluntary financial contributions from organizations and individuals

Agencies, organizations, families, and individuals have the right to receive and use voluntary financial contributions from domestic and foreign organizations and individuals supporting activities related to ensuring gender equality in accordance with the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree takes effect from July 15, 2009.

Article 23. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies within their respective functions, tasks, and authorities shall be responsible for guiding the implementation of relevant provisions of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree.