Bản dịch văn bản 73/2006/QH11
luat-73-2006-qh11
Cơ quan ban hành: Quốc hội
Ngày ban hành: 2006-11-29

Law on gender equality Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session; This Law provides for gender equality. Chapter I GENERAL PROVISIONS Article 1.- Scope of application This Law provides principles of gender equality in all aspects of social and family life, measures to guarantee gender equality, and responsibilities of agencies, organizations, families and individuals in exercising gender equality. Article 2.- Subjects of regulation 1. Vietnamese state agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations, socio-professional organizations, economic organizations, non-business units, units of people's armed forces, families and citizens (hereinafter collectively referred to as agencies, organizations, families and individuals). 2. Foreign agencies and organizations and international organizations operating in Vietnamese territory, and foreigners residing in Vietnam. Article 3.- Application of treaties on gender equality When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions other than those of this Law, the provisions of that treaty shall be applied. Article 4.- The goals of gender equality are to eliminate gender-based discrimination, create equal opportunities for men and women in socio-economic development and human resource development, strive to reach genuine equity between men and women, establish and strengthen cooperative and supportive relations between men and women in all aspects of social and family life. Article 5.- In this Law, the terms below are construed as follows: 1. Gender refers to the characteristics, positions and roles of men and women in all social relationships. 2. Sex refers to biological characteristics of men and women. 3. Gender equality means that men and women have equal positions and roles, are offered conditions and opportunities to bring into play their capabilities for the development of the community and families, and to equally benefit from this development. 4. Gender prejudice is unfair and negative perceptions, attitudes and assessments of the characteristics, positions, roles and capabilities of men or women. 5. Gender discrimination is the restriction, exclusion, non-recognition or disregard of the roles and positions of men and women, causing inequality between men and women in various aspects of social and family life. 6. Measure for promoting gender equality is a measure set forth by a competent state agency to guarantee genuine gender equality in cases where exists a big difference between men and women in terms of position, role, conditions and opportunities to bring into play capabilities and enjoy benefits of development and the application of the same regulations to men and women fails to reduce this difference. A measure for promoting gender equality will be implemented within a given period and end when the gender equality goals are achieved. 7. Integration of gender equality in the process of formulating legal documents is a measure to achieve the gender equality goals by identifying gender issues, forecasting the impacts of legal documents on gender, responsibilities and resources for dealing with gender issues in the social relations governed by these legal documents. 8. Gender equality activities are activities carried out by agencies, organizations, families and individuals to achieve the gender equality goals. 9. Gender development index (GDI) is general data reflecting the real situation of gender equality, which are computed on the basis of average life expectancy, educational level and per capita income of men and women. Article 6.- 1. Men and women are equal in all aspects of social and family life. 2. Men and women are not discriminated in terms of gender. 3. The application of measures for promoting gender equality is not regarded as gender-based discrimination. 4. Policies on motherhood protection and support are not regarded as gender-based discrimination. 5. Gender equality issues are ensured to be integrated in the process of law formulation and enforcement. 6. Exercising gender equality is the duty of agencies, organizations, families and individuals. Article 7.- 1. To ensure gender equality in all fields of politics, economy, culture, society and family; to support and create conditions for men and women to bring into play their abilities and provide them with equal opportunities to participate in the process of development and benefit from development. 2. To protect and support mothers during pregnancy, delivery and raising of their babies; to create conditions for men and women to share housework. 3. To apply appropriate measures to abolish backward customs and habits that impede the achievement of the gender equality goals. 4. To encourage agencies, organizations, families and individuals to participate in promoting gender equality. 5. To support gender equality activities in deep-lying, remote and ethnic minority areas and areas with extremely difficult socio-economic conditions; to support necessary conditions for increasing the gender development index in sectors, fields and localities with a gender development index lower than the national average level. Article 8.- 1. Formulating and implementing national strategies, policies and goals on gender equality. 2. Promulgating and implementing legal documents on gender equality. 3. Promulgating and implementing measures for promoting gender equality. 4. Propagating and disseminating policies and laws on gender equality. 5. Building, training and retraining cadres who carry out gender equality activities. 6. Inspecting and examining the implementation of the law on gender equality; dealing with gender-related complaints and denunciations, and handling violations of the law on gender equality. 7. Making statistics, supplying information and making reports on gender equality. 8. Conducting international cooperation on gender equality. Article 9.- 1. The Government shall perform the unified state management of gender equality. 2. A ministry or ministerial-level agency shall be assigned by the Government to take prime responsibility before the Government for performing the state management of gender equality. 3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the state management agency in charge of gender equality defined in Clause 2 of this Article in performing the state management of gender equality. 4. People's Committees at all levels shall perform the state management of gender equality as decentralized by the Government in their respective localities. Article 10.- 1. Obstructing men and women in exercising gender equality. 2. Gender discrimination in all forms. 3. Violence for gender reasons. 4. Other acts forbidden by law. Chapter II GENDER EQUALITY IN ALL FIELDS OF SOCIAL AND FAMILY LIFE Article 11.- 1. Men and women are equal in taking part in the management of the State and in social activities. 2. Men and women are equal in taking part in formulating and implementing village codes or community conventions or rules and regulations of agencies or organizations. 3. Men and women are equal in self-nominating as candidates or nominating candidates to the National Assembly and People's Councils; in self-nominating as candidates and nominating candidates to leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations. 4. Men and women are equal in professional qualifications and age when they are promoted or appointed to the same managerial or leading posts in agencies or organizations. 5. Measures for promoting gender equality in politics include: a/ To ensure a proper proportion of female National Assembly and People's Council deputies in accordance with the national gender equality goals; b/ To ensure a proper proportion of women appointed to hold titles in state agencies in accordance with the national gender equality goals. Article 12.- 1. Men and women are equal in setting up enterprises, carrying out production and business activities, and administering business, in accessing information, capital, market and labor sources. 2. Measures for promoting gender equality in economy include: a/ To give tax and financial incentives to enterprises employing large numbers of female laborers in accordance with law; b/ To provide credit support, agricultural, forestry or fishery extension to female laborers in rural areas in accordance with law. Article 13.- 1. Men and women are equal in criteria and age when they are recruited, and are equally treated at workplaces in terms of jobs, pay, reward, social insurance, labor conditions and other working conditions. 2. Men and women are equal in criteria and age when they are promoted or appointed to hold titles in sectors and professions that have title criteria. 3. Measures for promoting gender equality in labor include: a/ To set the proportions of men and women to be recruited; b/ To provide training and retraining to raise female laborers' capacity; c/ Labor users shall create labor hygiene and safety conditions for female laborers working in heavy and dangerous sectors and occupations or in contact with toxic substances. Article 14.- 1. Men and women are equal in schooling, training and retraining age. 2. Men and women are equal in choosing professions or occupations for learning and training. 3. Men and women are equal in accessing and benefiting from education and professional training and retraining policies. 4. Female cadres, state employees and servants who bring along under-36-month children when attending training or retraining courses shall be provided with supports under Government regulations. 5. Measures for promoting gender equality in education and training: a/ To set the proportions of men and women participating in learning and training; b/ To support female laborers in rural areas in their vocational training in accordance with law. Article 15.- 1. Men and women are equal in accessing and applying science and technology. 2. Men and women are equal in attending training courses on science and technology, dissemination of findings of scientific and technological researches, and innovations and patents. Article 16.- 1. Men and women are equal in participating in cultural, information, physical training and sports activities. 2. Men and women are equal in benefiting from culture, and accessing and using sources of information. Article 17.- 1. Men and women are equal in participating in activities of education and communication on healthcare, reproductive health and use of healthcare services. 2. Men and women are equal in choosing and deciding on the use of contraceptive measures, measures to ensure safe sex, and prevent and control HIV/AIDS and sexually transmitted diseases. 3. Poor women residing in deep-lying and remote areas and ethnic minority women, excluding those participating in compulsory social insurance, when giving births in accordance with the population policy, shall be provided with support according to Government regulations. Article 18.- 1. Wife and husband are equal in civil relations and other relations related to marriage and family. 2. Wife and husband have equal rights and duties in owning common property, and are equal in using their common income and deciding on family resources. 3. Wife and husband are equal in discussing and deciding to choose and use appropriate family planning measures; and use their leaves to take care of their sick children in accordance with law. 4. Sons and daughters are equally taken care of, educated and provided with opportunities by their families to learn, work, play, entertain themselves and develop. 5. Female and male family members have the duty to share housework. Chapter III MEASURES FOR GUARANTEEING GENDER EQUALITY Article 19.- 1. Measures for guaranteeing gender equality include: a/ To prescribe the proportions of men and women who participate and benefit or ensure appropriate proportions of women who participate and benefit; b/ To train and retrain to raise the qualifications of women or men; c/ To support in order to create conditions and opportunities for women or men; d/ To prescribe specific standards and conditions for women or men; e/ To prescribe the right of women to be selected when women and men have similar conditions and criteria; f/ To prescribe the prioritization of women when women and men have similar conditions and criteria; g/ Measures for promoting gender equality specified in Clause 5 of Article 11, Clause 2 of Article 12, Clause 3 of Article 13, and Clause 5 of Article 14, of this Law. 2. The National Assembly, the National Assembly Standing Committee and the Government have competence to determine the implementation of measures for promoting gender equality and to decide to end such implementation when the gender equality goals are achieved. Article 20.- 1. The formulation, amendment and supplementation of legal documents must guarantee the basic principles of gender equality. 2. The basic principles of gender equality constitute an important ground for reviewing, amending and supplementing legal documents. Article 21.- 1. Integration of gender equality issues in the process of formulating legal documents covers: a/ Identifying gender issues and measures in the domain regulated by legal documents; b/ Forecasting the impact of legal documents on men and women when promulgated; c/ Defining responsibilities and resources for dealing with gender issues within the scope of regulation of legal documents. 2. Drafting agencies are responsible for integrating gender issues and preparing reports on integration of gender issues in the process of formulating legal documents under Clause 1 of this Article and annexes of information and data on gender related to draft legal documents. 3. Agencies that evaluate draft legal documents are responsible for coordinating with the state management agency in charge of gender equality in appraising the integration of gender equality issues in the process of formulating legal documents. Such appraisal covers: a/ Identifying gender issues in the draft legal document; b/ Ensuring the basic principles of gender equality in the draft legal document; c/ Feasibility of the solution to gender issues set forth in the draft legal document; d/ Integration of gender equality issues in the process of formulating the draft legal document under the provisions of Clause 1 of this Article. 4. The Government shall stipulate the integration of gender equality issues in the process of formulating legal documents. Article 22.- 1. The National Assembly's Committee in charge of gender issues shall join the Ethnic Minority Council and other National Assembly Committees in verifying the integration of gender equality issues in draft laws, ordinances and resolutions before they are submitted to the National Assembly or its Standing Committee for consideration and adoption. 2. The verification of the integration of gender equality issues covers: a/ Identifying gender issues in the draft legal document; b/ Guarantee of the basic principles of gender equality in the draft legal document; c/ Observance of procedures and process of appraisal of the integration of gender equality issues in the process of formulating the draft legal document; d/ Feasibility of the draft legal document to guarantee gender equality. Article 23.- 1. Information, education and communication on gender and gender equality is an important measure to raise the awareness of gender and gender equality. 2. Information, education and communication on gender and gender equality shall be incorporated into the education programs in schools and activities of agencies, organizations and communities. 3. Information, education and communication on gender and gender equality shall be conducted through learning programs, publications, radio and television programs and other forms. Article 24.- 1. Financial sources for gender equality activities include: a/ State budget; b/ Voluntary contributions from organizations and individuals; c/ Other lawful funding sources. 2. The management and use of financial sources for gender equality activities must be for proper purposes, efficient and lawful. Chapter IV RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, FAMILIES AND INDIVIDUALS IN REALIZING AND GUARANTEEING GENDER EQUALITY Article 25.- 1. To promulgate national gender equality strategies, policies and goals; annually to report to the National Assembly on the implementation of the national gender equality goals. 2. To submit to the National Assembly and its Standing Committee for promulgation or promulgate according to its competence legal documents on gender equality. 3. To direct and organize the integration of gender equality issues in the process of formulating legal documents according to its competence. 4. To organize the implementation of the law on gender equality; to direct and organize the inspection and examination of the implementation of the law on gender equality. 5. To officially publicize national information on gender equality; to prescribe and direct the application of indicators for gender classification in state statistical data and information. 6. To coordinate with the Vietnam Fatherland Front Central Committee and the Central Vietnam Women's Union and direct concerned agencies in propagating, disseminating and educating about the gender equality law and raising the people's awareness of gender equality. Article 26.- 1. To formulate and submit to the Government for promulgation national gender equality strategies, policies and goals. 2. To formulate and submit to the Government for promulgation or promulgate and guide according to their respective competence legal documents on gender equality. 3. To participate in evaluating the integration of gender equality issues in the process of formulating legal documents. 4. To review and report to the Government on the implementation of the national gender equality goals. 5. To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, performing the state management of gender equality. 6. To examine, inspect and handle violations of the law on gender equality, and settling complaints and denunciations related to gender equality. Article 27.- Within the ambit of their respective tasks and powers, ministries and ministerial-level agencies have the following responsibilities: 1. To review legal documents in force in order to amend, supplement, annul or newly promulgate according to their competence or submit to competent agencies for them to amend, supplement, annul or newly promulgate legal documents to guarantee gender equality in the domains under their respective management. 2. To study and propose competent state agencies to promulgate measures for promoting gender equality. 3. To coordinate with the state management agency in charge of gender equality in assessing the practical situation of gender equality in the domains under their respective management; to inspect, examine, handle violations of law, and settle complaints and denunciations related to gender equality. Article 28.- 1. To make plans for implementation of the national gender equality goals in localities. 2. To submit to the People's Councils for promulgation or promulgate legal documents on gender equality according to their competence. 3. To organize the implementation of the law on gender equality in localities. 4. To inspect, examine, handle violations of the law on gender equality, and settle complaints and denunciations related to gender equality. 5. To organize and direct the communication and education on gender and the law on gender equality among local people. Article 29.- 1. To participate in formulating policies and laws and in the state management of gender equality in accordance with law. 2. To ensure gender equality in their organization. 3. To participate in overseeing the implementation of the law on gender equality. 4. To advocate and mobilize the people and their members in exercising gender equality. Article 30.- 1. To implement the provisions of Article 29 of this Law. 2. To conduct activities assisting women, contributing to achieving the gender equality goals. 3. To coordinate with concerned agencies and organizations in training and nominating qualified women as candidates to the National Assembly and People's Councils; qualified women to managerial and leading posts in agencies in the political system. 4. To perform the functions of representing, protecting legitimate rights and interests of women and female children in accordance with law. 5. To conduct social debate on policies and laws on gender equality. Article 31.- 1. In their organizational and personnel work, state agencies, political organizations and socio-political organizations have the following responsibilities: a/ To ensure equality among male and female cadres and state employees and servants and laborers in employment, training, promotion, appointment and enjoyment of welfare; b/ To ensure the principles of gender equality in assessing cadres, state employees and servants and laborers. 2. In their operation, state agencies, political organizations and socio-political organizations have the following responsibilities: a/ To identify the real situation of gender equality, formulate, and ensure the achievement of, gender equality goals in their agencies and organizations, and make annual reports thereon; b/ To ensure the participation of male and female cadres, state employees and servants and workers in the formulation and implementation of laws, programs, plans and projects on economic, cultural and social development, unless otherwise provided for by law; c/ To educate cadres, state employees and servants and workers in gender and the law on gender equality; d/ To set forth measures to encourage their cadres, state employees and servants and workers in exercising gender equality in their agencies, organizations and families; e/ To create conditions for developing social welfare establishments and supporting services in order to reduce the housework burden. Article 32.- 1. In their organizational and personnel work, agencies and organizations not specified in Article 31 of this Law have the following responsibilities: a/ To ensure equality between men and women in their participation and benefit enjoyment; b/ To report on or supply in time information on gender equality in their agencies or organizations or relating to their operation; c/ To propose or participate in formulating policies and laws on gender equality relating to their operation. 2. Depending on their abilities and conditions, agencies and organizations shall take the initiative or coordinate their participation in the following gender equality advocacy activities: a/ To conduct communication of knowledge about gender and the law on gender equality among their members and laborers; b/ To assign cadres to take charge of gender equality; c/ To conduct researches and apply research findings to enhance gender equality; d/ To provide funds for gender equality activities; e/ To organize suitable systems of nurseries to enable male and female laborers to harmoniously combine productive labor and housework; f/ To provide support for female laborers who bring along their under 36-month children while attending training or retraining courses. g/ To create conditions for male laborers to take fully paid leaves when their wives give birth. The State encourages the implementation of activities specified in this Clause. Article 33.- 1. To create conditions for family members to raise their awareness and knowledge about and participate in activities related to gender equality. 2. To educate their members to share and divide housework among themselves in an appropriate manner. 3. To take care of reproductive health and create conditions for women to practice safe motherhood. 4. To equally treat and create equal opportunities for sons and daughters in their study, labor and participation in other activities. Article 34.- Male and female citizens have the following responsibilities: 1. To study in order to improve their knowledge and awareness about gender and gender equality; 2. To adopt and guide other persons to adopt proper behaviors related to gender equality; 3. To criticize and prevent acts of gender discrimination; 4. To oversee the exercise and guarantee of gender equality by the communities, agencies, organizations and citizens. Chapter V INSPECTION, OVERSIGHT AND HANDLING OF VIOLATIONS RELATED TO GENDER EQUALITY Article 35.- 1. The state management agency in charge of gender equality shall perform the function of gender equality inspection. 2. Tasks and powers of gender equality inspection include: a/ Inspecting the implementation of the law on gender equality; b/ Inspecting the implementation of the national target program on gender equality and measures to guarantee gender equality; c/ Settling complaints and denunciations related to gender equality in accordance with this Law and the law on complaints and denunciations; d/ Handling violations of the law on gender equality in accordance with the law on handling of administrative violations; e/ Proposing measures to ensure implementation of the law on gender equality; proposing amendments and supplements to policies and law on gender equality; f/ Performing other tasks and powers in accordance with law. Article 36.- 1. The National Assembly, its Standing Committee, Ethnic Minority Council and Committees, delegates of National Assembly deputies, and individual National Assembly deputies shall, within the scope of their respective tasks and powers, oversee the implementation of the law on gender equality. 2. People's Councils and individual People's Council deputies shall, within the scope of their respective tasks and powers, oversee the implementation of the law on gender equality in their localities. Article 37.- 1. Agencies, organizations and individuals have the right to complain decisions and acts of other agencies, organizations and individuals when they have grounds for believing that these decisions and acts are in violation of the law on gender equality or in infringement upon their legitimate rights and interests. 2. Complaints related to gender equality shall be settled in accordance with the law on complaints and denunciations. Article 38.- 1. Individuals have the right to denounce acts of violation of the law on gender equality. 2. Denunciations against acts of violation of the law on gender equality shall be lodged and settled in accordance with the law on complaints and denunciations. Article 39.- All acts of violation of the law on gender equality shall be detected and stopped in time. They shall be handled in a prompt, just and thorough manner in accordance with law. Article 40.- 1. Acts of violation of the law on gender equality in politics include: a/ Obstructing on the grounds of gender prejudice men or women in self-nominating as candidates or nominating candidates to the National Assembly or People's Councils, leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations; b/ Failing to appoint, or obstructing the appointment of, men or women to hold managerial or leading posts or professional titles on the grounds of gender prejudice; c/ Imposing and implementing village codes or community conventions or regulations or rules of agencies or organizations that contain gender-based discrimination provisions. 2. Acts of violation of the law on gender equality in economy include: a/ Obstructing men or women in setting up enterprises or conducting business activities on the grounds of gender prejudice; b/ Running commercial advertisements that place at disadvantage enterprise owners or traders of one certain sex. 3. Acts of violation of the law on gender equality in labor include: a/ Applying different conditions in the recruitment of male and female laborers to the same job though they have the same qualifications and abilities, unless in the case of application of measures for promoting gender equality; b/ Refusing to recruit, or recruit limited numbers of, laborers or dismiss laborers in the gender-based grounds or for their pregnancy, delivery or raising of small children; c/ Assigning jobs based on gender discrimination resulting in different incomes or paying different wages to male and female laborers having the same qualifications and capability; d/ Failing to implement the provisions of labor law exclusively applicable to female laborers. 4. Acts of violation of the law on gender equality in education and training include: a/ Prescribing different training and enrolment ages between men and women; b/ Advising or coercing other persons to drop out of school for gender reasons; c/ Refusing to recruit qualified persons to training or retraining courses or for their pregnancy, delivery or raising of small children; d/ Providing career-oriented education, compiling and disseminating textbooks containing gender discrimination knowledge. 5. Acts of violation of the law on gender equality in science and technology include: a/ Obstructing men and women in participating in scientific and technological activities; b/ Refusing to admit persons of one certain gender to scientific and technological training courses. 6. Acts of violations of the law on gender equality in culture, information, physical training and sports include: a/ Obstructing men and women in composing or criticizing cultural and art works, performing and participating in cultural activities on the grounds of gender prejudice; b/ Composing, circulating, authorizing the publication of works under any genre or form to encourage, propagate gender inequality and gender prejudice; c/ Spreading thought, conducting by oneself or inciting other people to conduct backward practices and customs of gender discrimination nature under all forms. 7. Acts of violation of the law on gender equality in the field of health include: a/ Impeding, inciting or forcing other people not to participate in the activities of health education for gender prejudice reasons; b/ Choosing gender for the unborn babies under all forms or inciting and forcing other people to have an abortion because of the unborn baby's gender. Article 41.- 1. Impeding members in the family who have all qualifications as provided by law from participating in the determination of assets under common ownership of a family for gender reasons. 2. Not allowing or impeding members in the family from contributing their opinions to the use of common assets of the family, conducting income-generating activities or satisfying other needs of the family for gender prejudice reasons. 3. Unequally treating members in the family for gender reasons. 4. Constraining the schooling of members in the family or forcing members in the family to drop out of school for gender reasons. 5. Imposing the performance of family work and the taking of contraceptive measures as though these are the responsibilities of members of one certain gender. Article 42.- 1. Those who commit acts of violation of the law on gender equality shall, depending on the nature and severity of their violations, be disciplined, administratively handled or examined for penal liability. 2. Agencies, organizations or individuals that commit acts of violation of the law on gender equality and cause damage shall pay compensations therefore in accordance with law. Chapter VI IMPLEMENTATION PROVISIONS Article 43.- This Law takes effect on July 1, 2007. Article 44 The Government shall detail and guide the implementation of this Law. This Law was passed on November 29, 2006, by the Xth National Assembly of the Socialist Republic of Vietnam at its 10th session. Implementation guidance .- Implementation effect Forms of sanction against violations of the law on gender equality Acts of violation of the law on gender equality in the family Acts of violation of the law on gender equality in politics, economy, labor, education and training, science and technology, culture, information, physical training and sports, and health Principles of handling of acts of violation of the law on gender equality Denunciations and settlement of denunciations against acts of violation of the law on gender equality Complaints and settlement of complaints about acts of violation of the law on gender equality Oversight of implementation of the law on gender equality Inspection of implementation of the law on gender equality Responsibilities of citizens Responsibilities of families Responsibilities of other agencies and organizations in exercising gender equality in their agencies and organizations Responsibilities of state agencies, political organizations and socio-political organizations in exercising gender equality in their agencies and organizations Responsibilities of the Vietnam Women's Union Responsibilities of the Vietnam Fatherland Front and member organizations Responsibilities of People's Committees at all levels Responsibilities of ministries and ministerial-level agencies Responsibilities of the state management agency in charge of gender equality Responsibilities of the Government Financial sources for gender equality activities Information, education and communication on gender and gender equality Verification of integration of gender equality issues Integration of the issue of gender equality in the process of formulating legal documents Guarantee of basic principles of gender equality in the improvement of the legal system Measures for promoting gender equality Gender equality in families Gender equality in healthcare Gender equality in culture, information, physical training and sports Gender equality in science and technology Gender equality in education and training Gender equality in labor Gender equality in economy Gender equality in politics Forbidden acts State management agencies in charge of gender equality Contents of state management of gender equality State policies on gender equality Basic principles of gender equality Interpretation of terms Gender equality goals