Decree No. 70/2008/ND-CP detailing the implementation of certain provisions of the Law on Gender Equality

DECREE

Detailed Implementation of Certain Provisions of the Law on 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 application

This Decree provides for the detailed implementation of Articles 8, 9, 25, 26, 27, 28, 29, and 30 of the Law on Gender Equality regarding the responsibilities for state management of gender equality and coordination in implementing state management of gender equality.

Article 2. State Management Authority for Gender Equality

1. The Government shall uniformly manage state affairs concerning gender equality.

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible before the Government for managing state affairs concerning gender equality throughout the country.

3. Ministries and agencies at the ministerial level within their respective duties and authorities shall have the responsibility to coordinate with the Ministry of Labor, Invalids and Social Affairs in implementing state management of gender equality.

4. People's Committees at all levels shall implement state management of gender equality within their localities according to the分级处理此长文本并进行翻译：第43条至第45条。

Chapter II
RESPONSIBILITIES FOR IMPLEMENTING STATE MANAGEMENT ON GENDER EQUALITY

Article 3. RESPONSIBILITIES OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

1\. Submit to the Government and the Prime Minister for issuance of national strategies, policies, programs, plans, and targets on gender equality, as well as measures to promote gender equality; take the lead and coordinate with ministries, ministerial-level agencies, and central political-social organizations to implement these strategies, policies, programs, plans, targets, and measures.

2\. Submit to competent state agencies for issuance or issue within their authority and organize the implementation of legal normative documents on gender equality.

3\. Participate in evaluating the integration of gender equality issues in the development of legal normative documents.

4\. Promote, disseminate, and educate on policies and laws related to gender equality.

5\. Guide activities related to gender equality and skills for integrating gender equality issues in the organizational activities of agencies and organizations.

6\. Take the lead and coordinate with ministries and ministerial-level agencies to build and train a cadre force working on gender equality.

7\. Organize scientific research and apply scientific progress in the field of gender equality.

8\. Summarize, conclude, report, and evaluate annually and periodically on the implementation of gender equality nationwide.

9\. Statistics and publish information and data on gender equality nationwide as prescribed by law.

10\. Implement international cooperation on gender equality within the scope of state management as prescribed by law; propose the signing, accession to international treaties on gender equality, and organize the implementation of international treaties on gender equality to which Vietnam is a member.

11\. Inspect, audit the implementation of laws on gender equality, handle complaints and accusations, and deal with violations of laws on gender equality.

Article 4. RESPONSIBILITIES OF MINISTRIES AND MINISTERIAL-LEVEL AGENCIES

1\. Review current legal normative documents to amend, supplement, abolish, or issue new documents within their authority or submit to competent authorities for amendment, supplementation, abolition, or issuance of new documents to ensure gender equality in their respective sectors and fields.

2\. Study and recommend to state agencies with authority to issue measures to promote gender equality.

3\. Integrate gender equality issues into the development and implementation of sectoral programs and plans.

4\. Guide and organize the implementation of measures to promote gender equality in their respective sectors and fields.

5\. Direct and guide the integration of gender equality issues in their respective sectors and fields.

6\. Promote and disseminate policies and laws on gender equality in their respective sectors and fields.

7\. Organize scientific research and apply scientific progress on gender equality in their respective sectors and fields.

8\. Organize annual and periodic summaries, conclusions, and reports on the implementation of gender equality in their respective sectors and fields. Lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to periodically assess the status of gender equality in their respective sectors and fields.

9\. Audit, inspect, handle violations of laws, and resolve complaints and accusations regarding gender equality in their respective fields.

Article 5. Responsibilities of the People's Committee of provinces and centrally governed cities

1\. Develop and submit to competent authorities for issuance or issue within their authority and organize the implementation of local policies, programs, and plans on gender equality to concretize national strategies, policies, and targets on gender equality.

2\. Develop and submit to the People's Council at the same level for issuance or issue within their authority and organize the implementation of legal normative documents on gender equality within their local scope.

3\. Organize the integration of gender equality issues into the development and implementation of local economic and social development strategies, plans.

4\. Direct and organize the implementation of measures to promote gender equality suitable to the local socio-economic conditions.

5\. Organize and direct the dissemination, promotion, and education on gender and policies and laws on gender equality for local residents.

6\. Develop and organize training and capacity building for cadres working on gender equality at the local level; organize scientific research and application of science in the field of gender and gender equality; develop mechanisms and policies to mobilize human resources and funds to implement gender equality at the local level.

7\. Collect, process information and data on gender equality within their local scope. Summarize, conclude, report, and evaluate annually and periodically on the implementation of gender equality within their local scope.

8\. Inspect, audit the implementation of laws on gender equality, handle complaints and accusations, and deal with violations of laws on gender equality within their local scope.

Article 6. RESPONSIBILITIES OF THE PEOPLE'S COMMITTEES OF DISTRICTS, COUNTIES, TOWNS, AND PROVINCE-COMPONENT CITIES

1\. Develop and submit to the People's Council at the same level for issuance or issue within their authority and organize the implementation of policies, programs, and plans on gender and gender equality within their local scope.

2\. Direct and organize the implementation of measures to promote gender equality suitable to the local socio-economic conditions; mobilize human resources and funds to implement gender equality at the local level.

3. Organize and direct propaganda, dissemination, and education on gender and policies, laws regarding gender equality for local residents.

4. Collect, process information and data on gender equality within the local area. Summarize, conclude, and report annually and periodically on the implementation of gender equality within the local area.

5. Inspect, audit the implementation of laws on gender equality, handle complaints and accusations, and deal with violations of laws on gender equality within the local area.

Article 7. Responsibilities of the People's Committee of communes, towns, and wards

1. Develop and submit to the People's Council at the same level for issuance or issue according to its authority, and organize the implementation of policies, programs, plans on gender equality within the local area.

2. Implement measures to promote gender equality suitable to the economic and social conditions of the locality; mobilize human resources and funds to implement gender equality in the locality.

3. Propagate, disseminate, and educate policies, laws on gender and gender equality for local residents.

4. Collect, process information and data on gender equality within the local area. Summarize, conclude, and report annually and periodically on the implementation of gender equality within the local area.

5. Inspect the implementation of laws on gender equality, handle complaints and accusations, and deal with violations of laws on gender equality within the local area.

Chapter III
COOPERATION IN IMPLEMENTING STATE MANAGEMENT ON GENDER EQUALITY

Article 8. Principles for cooperation in implementing state management on gender equality

The Ministry of Labor, Invalids and Social Affairs and other Ministries, agencies equivalent to Ministries, and People's Committees at all levels, when implementing state management on gender equality within their assigned tasks and powers, have the right to request relevant agencies and organizations to cooperate in carrying out one or several tasks based on the following principles:

1. The content of cooperation in implementing state management on gender equality must be related to the functions, tasks, and authorities of the cooperating agency.

2. Ensure objectivity during the cooperation process.

3. Ensure professional requirements, quality, and deadlines for cooperation; enhance responsibility and effectiveness in resolving matters related to the content of cooperation.

4. Ensure discipline and order in cooperative activities; emphasize the responsibility of the heads of the leading agencies, cooperating agencies, and officials and civil servants participating in cooperation.

Article 9. Cooperation in integrating gender equality issues into the development and implementation of strategies, planning, and socio-economic development plans

1. The Ministry of Planning and Investment leads and coordinates with the Ministry of Labor, Invalids and Social Affairs:

a) Integrate gender equality issues into the development and evaluation of results for indicators in national socio-economic development strategies, plans;

b) Guide the integration of gender equality issues into the development and evaluation of results for indicators in sectoral and local socio-economic development strategies, plans.

2. Ministries, agencies equivalent to Ministries, and People's Committees of provinces and centrally-administered cities are responsible for integrating gender equality issues into the development, organization of implementation, and evaluation of results for indicators in sectoral and local socio-economic development strategies, plans.

Article 10. Cooperation in integrating gender equality issues into the development of regulatory legal documents

1. Ministries, agencies equivalent to Ministries, and People's Committees at all levels are responsible for integrating gender equality issues into the development of regulatory legal documents assigned to them.

2. The Ministry of Justice leads and coordinates with the Ministry of Labor, Invalids and Social Affairs to evaluate the integration of gender equality issues into the development of regulatory legal documents, including:

a) Projects and draft regulatory legal documents submitted to the National Assembly and the Standing Committee of the National Assembly by the Government;

b) Projects and draft regulatory legal documents submitted to the National Assembly and the Standing Committee of the National Assembly by other agencies, organizations, and National Assembly deputies, for which the Government has the responsibility to provide opinions;

c) Draft regulatory legal documents within the promulgation authority of the Government and the Prime Minister.

3. Legal affairs departments of Ministries, agencies equivalent to Ministries, and judicial organs under provincial and district People's Committees are responsible for evaluating the integration of gender equality issues into the development of regulatory legal documents within the promulgation authority of the Ministries, agencies equivalent to Ministries, and the People's Councils and People's Committees at the same level.

Article 11. Cooperation in providing information, propaganda, dissemination, and education on policies, laws, and knowledge about gender and gender equality

1. The Ministry of Labor, Invalids and Social Affairs leads and coordinates with the Ministry of Justice to guide and organize the propagation and education on the Law on Gender Equality and other legal documents on gender equality; lead and coordinate with the Vietnam Women's Union and relevant agencies and organizations to develop communication programs and contents, guide agencies, organizations, and individuals to carry out propaganda, education, and provide knowledge and skills in practicing gender equality.

2. The Ministry of Education and Training studies incorporating content on gender and gender equality into educational programs in schools appropriate to each level of education and training.

3. The Ministry of Information and Communications leads research, development, and implementation of projects to provide information, education, and communication on gender and gender equality through publications, radio and television programs, and other forms; direct and guide the Voice of Vietnam Radio, Vietnam Television, and other mass media organizations to propagate and disseminate the Party's policies and State laws on gender equality.

4. The Committee for Ethnic Minorities leads and coordinates with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Information and Communications to organize propaganda, dissemination, and education on knowledge and policies, laws on gender equality for ethnic minority groups; mobilize ethnic minority groups to promote good customs, traditions that are compatible with the goal of gender equality.

5. Information and propaganda agencies and other agencies and organizations, within their respective duties and authorities, shall be responsible for disseminating and popularizing the Party's policies and the State's laws on gender equality; introducing advanced models, exemplary individuals and good deeds in implementing gender equality; criticizing behaviors, individuals, and organizations that violate laws on gender equality.

Article 12. Cooperate in statistics, collection, and provision of information and data on gender and gender equality

1. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to study and build, submit to the Government for issuance, the national gender development index and criteria for classifying gender in state statistical data; guide Ministries, equivalent ministries, and provincial People's Committees under the central government in collecting and compiling statistical data on gender within the national indicator system and calculating the national gender development index.

2. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Planning and Investment, Ministries, equivalent ministries, provincial People's Committees under the central government, and related agencies and organizations in collecting and compiling information and data on gender equality; provide information and data on gender equality in accordance with the law.

3. Ministries, equivalent ministries shall establish and issue according to their authority criteria for classifying gender in statistical indicators within their sectors and fields; organize the statistics, collection of information and data, and reporting on the implementation of gender equality within their sectors and fields periodically or upon request from the Ministry of Labor, Invalids and Social Affairs and the Ministry of Planning and Investment.

Article 13. Cooperate in building national reports on gender equality

1. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Planning and Investment and relevant ministries and sectors to build annual reports to submit to the Government for presentation to the National Assembly on the implementation of national goals on gender equality.

2. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and other relevant ministries and sectors to build reports sent internationally on Vietnam's progress in implementing gender equality, and reports on the implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

3. Ministries, equivalent ministries, and provincial People's Committees under the central government shall be responsible for providing information and reports on the implementation of laws on gender equality and measures to promote gender equality in their sectors, fields, and localities for the Ministry of Labor, Invalids and Social Affairs to compile and build national reports in accordance with regulations.

Article 14. Cooperate in ensuring financial conditions for gender equality activities

1. The Ministry of Finance shall be responsible for guiding Ministries, equivalent ministries, and provincial People's Committees under the central government in preparing budget estimates, managing and using financial resources for gender equality activities in accordance with their intended purposes, effectively, and in compliance with legal provisions.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the Ministry of Foreign Affairs, and other related agencies and organizations in mobilizing international aid funds, loans, and other sources of funding for gender equality activities.

Article 15. Participate in state management of gender equality by the Vietnam Fatherland Front and its member organizations

1. The Ministry of Labor, Invalids and Social Affairs, Ministries, equivalent ministries, and People's Committees at all levels shall be responsible for coordinating and creating favorable conditions for the Vietnam Fatherland Front Committee and its member organizations at the same level to participate in state management activities on gender equality as follows:

a) Inviting representatives of the Vietnam Fatherland Front Committee and its member organizations at the same level to participate in discussions or sending draft documents for the Vietnam Fatherland Front Committee and its member organizations at the same level to provide comments when drafting, revising, or supplementing policies and laws on gender equality;

b) Studying and adopting proposals from the Vietnam Fatherland Front Committee and its member organizations at the same level regarding measures to promote gender equality and the implementation of such measures;

c) Coordinating to organize activities to publicize and mobilize the people to implement gender equality, the Gender Equality Law, and related legal documents.

2. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Central Committee of the Vietnam Fatherland Front to guide the implementation of policies and laws on gender equality in the activities of the Vietnam Fatherland Front and its member organizations.

Article 16. Participate in state management of gender equality by the Vietnam Women's Union

The Ministry of Labor, Invalids and Social Affairs, Ministries, equivalent ministries, and People's Committees at all levels shall be responsible for coordinating and creating favorable conditions for the Vietnam Women's Union at the same level to participate in state management activities on gender equality as follows:

1. Implement the provisions of Clause 1, Article 15 of this Decree;

2. Study and adopt social feedback from the Vietnam Women's Union at the same level regarding policies and laws on gender equality;

3. Coordinate with the Vietnam Women's Union at the same level to collect opinions on the implementation of policies and laws on gender equality and identify violations of laws on gender equality to address them promptly;

4. Coordinate in publicizing, educating, and training knowledge about gender and skills in gender equality activities; organizing activities to support women in contributing to achieving gender equality goals.

Chapter IV
IMPLEMENTING PROVISIONS

Article 17. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 18. Responsibility for Implementation

1. The Minister of Labor - Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. The Minister, Head of an equivalent ministry, Head of a governmental agency, and Chairperson of People's Committees at all levels shall be responsible for enforcing this Decree./.