DECREE NO. 55/2009/ND-CP ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS OF GENDER EQUALITY

DECREE

Regulations on Administrative Sanctions for Violations Related to 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;

Based on the Administrative Offense Handling Decree dated July 2, 2002, and the Decree Amending and Supplementing Certain Provisions of the Administrative Offense Handling Decree dated April 2, 2008;

Considering the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms and levels of sanctions, and the authority to impose administrative sanctions related to gender equality.

2. Administrative violations related to gender equality as provided for in Chapter II of this Decree are intentional or unintentional acts that violate the provisions of laws on gender equality which are not criminal offenses and must be subject to administrative sanctions according to the law.

3. Other administrative violations related to gender equality not specified in this Decree shall be governed by the relevant laws on administrative sanctions in the fields under state administration.

Article 2. Applicability

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

2. Minors who commit administrative violations related to gender equality shall be handled in accordance with point a, Clause 1, Article 6 and Article 7 of the Administrative Offense Handling Decree.

Article 3. Principles of Sanctioning, Aggravating Circumstances, Mitigating Circumstances

The principles of administrative sanctioning, aggravating circumstances, and mitigating circumstances in administrative sanctioning related to gender equality shall be implemented in accordance with the Administrative Offense Handling Decree and related legal documents.

Article 4. Statute of Limitations for Sanctioning

1. The statute of limitations for administrative sanctions related to gender equality is one year, counted from the date the administrative violation was committed. If this period has passed, no sanctions will be imposed but measures to rectify the consequences as prescribed in this Decree will still apply.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal procedure, but subsequently have a decision to terminate investigation or terminate the case where there are signs of administrative violations related to gender equality, they shall be subject to administrative sanctions; within three days from the date of issuance of the decision to terminate investigation or terminate the case, the person issuing the decision must send the decision and the case file to the competent authority for sanctioning. In this case, the statute of limitations for administrative sanctions is three months, counted from the date the competent authority for sanctioning receives the decision to terminate and the case file.

3. Within the time limits specified in Clauses 1 and 2 of this Article, if organizations or individuals commit new administrative violations related to gender equality or intentionally evade or obstruct the sanctioning process, the statute of limitations specified in Clauses 1 and 2 of this Article shall not apply. In such cases, the statute of limitations for administrative sanctions shall be counted from the date of committing the new administrative violation or from the date when evasion or obstruction of the sanctioning process ceases.

Article 5. Forms of Administrative Sanctions and Measures to Remediate Consequences

1. For each administrative violation concerning gender equality, the violator, whether an organization or an individual, shall be subject to one of the following main forms of administrative sanctions:

a) To issue warnings;

b) Fine.

The minimum fine is 200,000 VND, and the maximum fine is 40,000,000 VND. The specific fines for each violation are stipulated in Chapter II of this Decree.

2. Depending on the nature and degree of the violation, the violator may also be subject to one or more of the following supplementary forms of administrative sanctions:

a) Revocation of the right to use a license or professional certificate;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the forms of administrative sanctions prescribed in Clause 1 and Clause 2 of this Article, the violator may also be subject to one or more of the following measures to remediate consequences:

a) Compelled to apologize and make public corrections;

b) Compelled to restore legitimate rights that were infringed upon due to the administrative violation concerning gender equality;

c) Compelled to bear all reasonable medical examination and treatment costs in cases where the administrative violation causes damage to health or mental well-being;

d) Compelled to modify, supplement, replace, correct, or destroy items or cultural products containing content that promotes, propagates, or disseminates information about gender inequality or gender stereotypes;

đ) Compelled to remove or delete advertisements containing content that promotes, propagates, or disseminates information about gender inequality or gender stereotypes;

e) Required to amend or revoke regulations or rules that discriminate based on gender, or to request the competent authority to revoke such regulations or rules;

4. A person who commits an administrative violation causing damage to an organization or individual, in addition to being subject to administrative sanctions as prescribed in Clauses 1, 2, and 3 of this Article, must also compensate for damages according to civil law provisions.

5. Foreign individuals committing administrative violations concerning gender equality within the territory of Vietnam may also be subject to deportation. Deportation can be applied as either a main form of administrative sanction or a supplementary form of administrative sanction in specific cases. The authority, procedures, and formalities for applying the form of administrative sanction of deportation shall be carried out in accordance with current laws on administrative sanctions for deportation through administrative procedures.

Chapter II

ADMINISTRATIVE VIOLATIONS CONCERNING GENDER EQUALITY, FORMS OF ADMINISTRATIVE SANCTIONS AND MEASURES TO REMEDIATE CONSEQUENCES

Article 6. Administrative Violations Concerning Gender Equality in the Political Field

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Insulting the honor and dignity of a male or female candidate self-nominated or recommended for election as a member of the National Assembly, People's Council representative, or leadership position in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Insulting the honor and dignity of a male or female individual to obstruct their appointment to a management, leadership position, or specialized role due to gender bias.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Inciting or enticing others to vote only for males or females during elections for members of the National Assembly, People's Council representatives, or leadership positions in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Inciting or enticing others to vote only for males or females when implementing procedures to obtain opinions on candidates for appointment to management, leadership positions, or specialized roles due to gender bias;

c) Intentionally spreading false information to obstruct a male or female individual from self-nominating or being recommended for election as a member of the National Assembly, People's Council representative, or leadership position in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

d) Intentionally spreading false information to obstruct the appointment of a male or female individual to a management, leadership position, or specialized role due to gender bias.

3. Imposing a fine of between 1,000,000 VND and 3,000,000 VND for one of the following acts:

a) Inciting others to delay, not provide, or delay providing complete information, application forms, or documents to obstruct a male or female individual from self-nominating or being recommended for election as a member of the National Assembly, People's Council representative, or leadership position in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Inciting others to delay or delaying the implementation of procedures to obstruct the appointment of a male or female individual to a management, leadership position, or specialized role due to gender bias;

c) Threatening to use violence or intimidating mentally to obstruct a male or female individual from self-nominating or being recommended for election as a member of the National Assembly, People's Council representative, or leadership position in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

d) Threatening to use violence or intimidating mentally to obstruct the appointment of a male or female individual to a management, leadership position, or specialized role due to gender bias.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:

a) Using violence to obstruct a male or female individual from self-nominating or being recommended for election as a member of the National Assembly, People's Council representative, or leadership position in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Using violence to obstruct the appointment of a male or female individual to a management, leadership position, or specialized role due to gender bias;

c) Altering records or intentionally distorting records, or compelling others to alter or distort records to obstruct a male or female individual from self-nominating or being recommended for election as a member of the National Assembly, People's Council representative, or leadership position in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

d) Altering records or intentionally distorting records, or compelling others to alter or distort records to obstruct the appointment of a male or female individual to a management, leadership position, or specialized role due to gender bias;

d) Prohibit men or women from nominating themselves or being nominated as candidates for National Assembly deputies, People's Council deputies, or leadership positions in political organizations, socio-political organizations, socio-professional organizations, social organizations, and social-professional organizations due to gender bias;

e) Refrain from appointing men or women to management, leadership positions, or specialized roles based on gender bias.

5. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for the act of establishing and implementing regulations or rules that discriminate based on gender.

6. Measures to remedy consequences:

a) Require an apology for the acts stipulated in points a and b, Clause 1, and points c and d, Clause 3 of this Article; require an apology and public correction for the acts stipulated in point c, Clause 2, and point d, Clause 2 of this Article;

b) Require restoration of legitimate rights for self-nominated or nominated candidates for appointment for the acts stipulated in points a and b, Clause 3, point c, Clause 4, point d, Clause 4, point đ, Clause 4, and point e, Clause 4 of this Article.

c) Require payment of all reasonable medical examination and treatment costs for the acts stipulated in points c and d, Clause 3, and points a and b, Clause 4 of this Article;

d) Require modification, revocation, or request the competent authority to revoke regulations or rules that discriminate based on gender for the acts stipulated in Clause 5 of this Article.

Article 7. Administrative violations related to gender equality in the economic sector

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for the act of insulting the reputation or dignity of men or women who establish businesses or engage in business activities due to gender bias.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Threaten to use force or intimidate mentally to obstruct men or women from establishing businesses or engaging in business activities due to gender bias;

b) Incite others to delay or fail to provide complete and timely information, documents, or application forms as required for men or women to establish businesses or engage in business activities due to gender bias.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Use force to obstruct men or women from establishing businesses or engaging in business activities due to gender bias;

b) Alter or falsify documents to obstruct men or women from establishing businesses or engaging in business activities due to gender bias;

c) Force others to alter or falsify documents to obstruct men or women from establishing businesses or engaging in business activities due to gender bias.

4. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for the act of commercial advertising that harms the reputation, rights, or legitimate interests of business owners or traders of a specific gender.

5. Additional forms of punishment:

Suspend the right to use the license for three to six months for the act stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Require an apology for the acts stipulated in Clause 1 and point a, Clause 2 of this Article;

b) Require restoration of legitimate rights for men or women for the acts stipulated in point b, Clause 2, and points b and c, Clause 3 of this Article;

c) Require payment of all reasonable medical examination and treatment costs for the acts stipulated in point a, Clause 2, and point a, Clause 3 of this Article;

d) Require removal or deletion of the advertised product for the act stipulated in Clause 4 of this Article.

Article 8. Administrative violations concerning gender equality in the labor sector.

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of assigning work that discriminates between men and women leading to income disparity or wage disparity among workers with the same level of education and ability due to gender.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Applying different conditions for recruiting male and female workers for the same job where both genders have the same level of education and capability, except when measures promoting gender equality are applied or for specific professions as prescribed by law;

b) Refusing to recruit or limiting recruitment of male or female workers due to gender, except when measures promoting gender equality are applied; dismissing or terminating employment of workers due to gender or pregnancy, childbirth, or childcare.

3. Measures to remedy consequences:

Restore the legally infringed rights for the act stipulated in Clause 1 of this Article.

Article 9. Administrative violations concerning gender equality in the education and training sector.

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on the act of mobilizing or compelling others to stop attending school due to gender.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Organized mobilization or compulsion of multiple people to stop attending school due to gender;

b) Refusing admission to those who meet the conditions for enrollment in training courses or programs due to gender or pregnancy, childbirth, or childcare.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Setting different ages for training or admission between males and females;

b) Organizing vocational education, compiling, and disseminating textbooks, teaching materials, and curricula containing gender stereotypes.

4. Measures to remedy consequences:

a) Restore the legally infringed rights for the acts stipulated in Clause 1 and Clause 2 of this Article;

b) Require modification, cancellation, or propose the competent authority to cancel regulations on age for training or admission containing gender stereotypes and discrimination against gender as stipulated in point a, Clause 3 of this Article;

c) Compel modification, supplementation, replacement, correction, or destruction of textbooks, teaching materials, and curricula containing gender stereotypes as stipulated in point b, Clause 3 of this Article.

Article 10. Administrative violations concerning gender equality in the science and technology sector.

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on the act of insulting honor and dignity to obstruct men or women from participating in scientific and technological activities due to gender stereotypes.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Threatening to use force or mental coercion to obstruct men or women from participating in scientific and technological activities due to gender stereotypes.

b) Not providing sufficient and timely information and documents to obstruct men or women from participating in scientific and technological activities due to gender stereotypes.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Using force to obstruct men or women from participating in scientific and technological activities due to gender stereotypes;

b) Not allowing men or women to participate in scientific and technological activities due to gender stereotypes.

4. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on the act of refusing participation of one gender in training courses or scientific and technological activities due to gender stereotypes.

5. Measures to remedy consequences:

a) Require an apology for the acts stipulated in Clause 1 and point a, Clause 2 of this Article;

b) Restore the legally infringed rights for the acts stipulated in point b, Clause 2, point b, Clause 3, and Clause 4 of this Article;

c) Compel payment of all reasonable medical examination and treatment costs for the acts stipulated in point a, Clause 2, and point a, Clause 3 of this Article.

Article 11. Administrative violations concerning gender equality in the fields of culture, information, physical education, and sports

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Insulting the dignity and personality of individuals with the aim of hindering men or women from creating, criticizing literature and art, performing, or engaging in other cultural activities, or participating in physical education and sports due to gender bias;

b) Personally carrying out or inciting others to carry out outdated customs and practices that discriminate against individuals based on gender in any form.

2. A fine of VND 1,000,000 to VND 3,000,000 for threatening to use violence or mental coercion to hinder men or women from creating, criticizing literature and art, performing, or engaging in other cultural activities, or participating in physical education and sports due to gender bias.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Using violence to hinder men or women from creating, criticizing literature and art, performing, or engaging in other cultural activities, or participating in physical education and sports due to gender bias;

b) Refusing to allow men or women to create, criticize literature and art, perform, or engage in other cultural activities, or participate in physical education and sports due to gender bias.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Creating, circulating, publishing, or allowing the publication of works promoting or advocating gender inequality and gender stereotypes in any genre or form;

b) Propagating thoughts, outdated customs, and backward practices that discriminate against individuals based on gender in any form;

c) Advertising social services, announcements, messages, or postings containing content that promotes or advocates gender inequality and gender stereotypes.

5. Additional forms of punishment:

Revocation of the license for a period of three to six months for the act of creating, circulating, or publishing works as stipulated in point a, Clause 4, Article 4 of this Law.

6. Measures to remedy consequences:

a) Compelling an apology for the acts stipulated in point a, Clause 1, and Clause 2 of this Article;

b) Compelling the restoration of legitimate rights of men or women who have been violated for the acts stipulated in point b, Clause 3 of this Article;

c) Compelling the modification, replacement, correction, or destruction of works or items containing content that promotes or advocates gender inequality and gender stereotypes for the acts stipulated in Clause 4 of this Article;

d) Compelling the payment of all reasonable medical examination and treatment costs for the acts stipulated in Clause 2 and point a, Clause 3 of this Article.

Article 12. Administrative violations concerning gender equality in the field of health care

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Insulting the dignity and personality of individuals participating in health education activities due to gender bias;

b) Inciting others not to participate in health education activities due to gender bias;

c) Delaying or failing to provide sufficient and timely materials for individuals participating in health education activities due to gender bias.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Preventing or refusing to allow others to participate in health education activities due to gender bias;

b) Threatening to use violence or mental coercion against individuals participating in health education activities due to gender bias.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Using violence to hinder others from participating in health education activities due to gender bias;

b) Inciting others to terminate pregnancy based on the sex of the fetus.

4. Measures to remedy consequences:

a) Compelling an apology for the acts stipulated in point a, Clause 1, and point b, Clause 2 of this Article;

b) Compelling the restoration of legitimate rights that have been violated for the acts stipulated in point c, Clause 1, and point a, Clause 2 of this Article;

c) Compelling the payment of all reasonable medical examination and treatment costs for the acts stipulated in point b, Clause 2, and point a, Clause 3 of this Article.

Article 13. Administrative violations concerning gender equality within the family

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Insulting the dignity and personality with the aim of preventing members of the family who meet the conditions stipulated by law from participating in the disposition of common household property due to gender reasons;

b) Insulting the dignity and personality, intimidating mentally to prevent members of the family from using common household property, engaging in income-generating activities, or meeting other needs of the family due to gender bias;

c) Failing to provide equal care, education, and opportunities for male and female members of the family regarding study, work, recreation, entertainment, and development.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Preventing members of the family who meet the conditions stipulated by law from participating in the disposition of common household property due to gender reasons.

b) Preventing male or female members of the family from participating in social work due to gender bias;

c) Threatening to use force or intimidating mentally to prevent members of the family who meet the conditions stipulated by law from participating in the disposition of common household property due to gender reasons;

d) Imposing the performance of domestic labor, contraceptive measures, or sterilization as the responsibility of members of the family of a specific gender.

3. A fine of VND 1,000,000 to VND 3,000,000 for the act of using force to prevent members of the family who meet the conditions stipulated by law from participating in the disposition of common household property due to gender reasons.

4. Measures to remedy consequences:

a) Ordering an apology for the acts specified in point a, Clause 1, point b, Clause 1, and point c, Clause 2 of this Article;

b) Ordering the payment of all reasonable medical examination and treatment costs for the acts specified in point c, Clause 2, and Clause 3 of this Article;

c) Ordering the restoration of legally infringed rights for the acts specified in point c, Clause 1, point a, Clause 2, and point b, Clause 2 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Article 14. Authority to impose administrative sanctions of the Labor Inspection - War Invalids and Social Affairs

1. Labor Inspection - War Invalids and Social Affairs inspectors performing their duties have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Seizing objects and means used for administrative violations up to VND 2,000,000 in value;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

2. The Director of the Labor Inspection Department of the Provincial Department of Labor - War Invalids and Social Affairs has the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use licenses and certificates of practice within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

3. The Director of the Labor Inspection Department of the Ministry of Labor - War Invalids and Social Affairs has the right:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) Revoking the right to use licenses and certificates of practice within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 15. Authority to impose administrative sanctions of other specialized inspections

Within the scope of state management as prescribed by law, inspectors performing their duties, the Directors of the Inspection Departments at the provincial level, and the Directors of the Inspection Departments at the ministerial level of other sectors that discover administrative violations concerning gender equality as prescribed in this Decree within their respective fields or areas of management also have the authority to impose sanctions as provided for the Labor Inspection - War Invalids and Social Affairs in this Decree.

Article 16. Authority to impose administrative sanctions of the Chairpersons of People's Committees at various levels.

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) Imposing a fine up to VND 2,000,000;

c) Seizing objects and means used for administrative violations up to VND 2,000,000 in value;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use licenses and certificates of practice within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) Revoking the right to use licenses and certificates of practice within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 17. Authority to impose administrative sanctions of the Public Security Force and the Border Guard

The Public Security Force and the Border Guard have the authority to impose administrative sanctions as prescribed in Articles 31 and 32 of the Ordinance on Handling Administrative Violations for administrative violations concerning gender equality directly related to their respective fields of management.

Article 18. Determination of Administrative Offense Penalty Authority

1. In cases where administrative offenses related to gender equality as stipulated in this Decree fall under the penalty authority of multiple persons, the penalty shall be carried out by the person who first takes charge of the case.

2. The penalty authority of the persons specified in Articles 14, 15, 16, and 17 of this Decree applies to a single administrative offense act. In cases involving fines, the penalty authority is determined based on the maximum amount of the fine prescribed for each specific violation.

3. In cases where a person commits multiple administrative offenses, the penalty authority shall be determined according to the principle set forth in Clause 3, Article 42 of the Administrative Violations Handling Ordinance.

Article 19. Procedures for Imposing Principal Penalties

1. Upon discovering an administrative offense related to gender equality, the authorized penalty authority must immediately issue an order to cease the administrative offense act in accordance with Article 53 of the Administrative Violations Handling Ordinance.

2. The procedure for recording the administrative offense is implemented in accordance with Article 55 and other relevant articles of the Administrative Violations Handling Ordinance.

3. The simplified penalty procedure is carried out in accordance with Article 54 of the Administrative Violations Handling Ordinance.

4. The penalty decision and fine procedures are conducted in accordance with Articles 56 and 57 of the Administrative Violations Handling Ordinance.

5. Organizations and individuals fined must pay the fine at the location specified in Article 58 of the Administrative Violations Handling Ordinance.

Article 20. Procedure for Revoking the Right to Use Licenses and Professional Certificates

The procedure for revoking the right to use licenses and professional certificates is implemented in accordance with Article 59 of the Administrative Violations Handling Ordinance.

Article 21. Procedure for Confiscation and Disposal of Evidence and Means Used in Administrative Offenses

1. The procedure for confiscating evidence and means used in administrative offenses related to gender equality is carried out in accordance with Article 60 of the Administrative Violations Handling Ordinance.

2. The disposal of evidence and means used in administrative offenses related to gender equality is conducted in accordance with Article 61 of the Administrative Violations Handling Ordinance.

Article 22. Enforcement of Penalty Decisions

1. Organizations and individuals subject to administrative offense penalties must comply with the penalty decision within ten days from the date they receive the decision, except as otherwise provided by law. This period is clearly stated in the penalty decision. If the deadline is exceeded and the organization or individual does not voluntarily comply with the penalty decision, coercive enforcement measures will be applied.

2. The suspension of compliance with the fine decision is carried out in accordance with Article 65 of the Administrative Violations Handling Ordinance.

3. The statute of limitations for enforcing administrative offense penalty decisions is implemented in accordance with Article 69 of the Administrative Violations Handling Ordinance.

4. The penalty decision must be delivered to the organization or individual subject to the penalty or notified to them to come and collect it.

5. Other procedures related to the enforcement of penalty decisions are carried out in accordance with the Administrative Violations Handling Ordinance and guiding documents for its implementation.

Article 23. Application of preventive measures and assurance for administrative penalty enforcement

The authority, procedures for applying preventive measures against administrative violations and ensuring the enforcement of administrative penalties related to gender equality shall be implemented in accordance with the provisions of Chapter V of the Administrative Violation Handling Ordinance.

Article 24. Application of compulsory enforcement measures for penalty decisions

1. Compulsory enforcement of administrative penalty decisions related to gender equality shall be carried out in accordance with the provisions of Article 66 and other relevant articles of the Administrative Violation Handling Ordinance.

2. Authority to issue compulsory enforcement decisions and organize compulsory enforcement shall be conducted in accordance with the provisions of Article 67 of the Administrative Violation Handling Ordinance.

3. Procedures for applying compulsory enforcement measures for administrative penalty decisions shall be implemented in accordance with the laws on procedures for applying compulsory enforcement measures for administrative penalty decisions.

Article 25. Transfer of violation case files with signs of criminal offenses for criminal prosecution

When examining a violation case to decide on an administrative penalty, if it is found that the violation has signs of a crime, the competent authority must immediately transfer the file to the competent criminal proceedings agency in accordance with the provisions of Article 62 of the Administrative Violation Handling Ordinance.

Chapter IV

COMPLAINTS, REPORTS, ADMINISTRATIVE CASE LAWSUITS, VIOLATION HANDLING

Article 26. Complaints, reports, and administrative case lawsuits

1. Organizations and individuals subject to administrative penalties for gender equality violations or their legitimate representatives have the right to appeal administrative penalty decisions regarding gender equality, decisions on applying preventive measures, and ensuring the handling of administrative violations related to gender equality.

2. Citizens have the right to report to competent agencies, organizations, or individuals about administrative violations related to gender equality and illegal acts in the handling of such administrative violations.

3. Authority, procedures, processes, and deadlines for complaints and reports, as well as the resolution of complaints and reports, shall be implemented in accordance with the laws on complaints and reports.

4. Authority, procedures, processes, and deadlines for initiating administrative case lawsuits shall be implemented in accordance with the laws on procedures for resolving administrative cases.

Article 27. Handling Violations

1. Competent authorities imposing administrative penalties for gender equality violations who harass, tolerate, cover up, fail to impose penalties, impose penalties untimely, improperly, or exceed their authority shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

2. Individuals subject to administrative penalties for gender equality violations who obstruct or oppose public officials performing their duties or commit other violations shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Decree takes effect from August 1, 2009.

Article 29. Responsibility for Implementation

1. The Minister of Labor, Invalids, and Social Affairs within the scope of their functions and tasks shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, and related organizations and individuals are responsible for implementing this Decree./.