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Circular 17/2014/tt-Btp: Regulation On Integrating Gender Issues In Construction Of Legal Texts

Original Language Title: Thông tư 17/2014/TT-BTP: Quy định về lồng ghép vấn đề bình đẳng giới trong xây dựng văn bản quy phạm pháp luật

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JUSTICE DEPARTMENT
Number: 17 /2014/TT-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 13, 2014

IT ' S SMART

Regulation of gender equality problem cage in construction

Rule of law.

_____________

The Equal Rights Act on November 29, 2006;

The Administrative Law of the Executive Law of the People's Assembly, the People's Committee on March 3, 2004;

Law Administrative Committee of the Law of the Law on March 3, 2008;

Base of Protocol 70 /2008/ND-CP June 4, 2008 rules out certain conditions of the Law of Gender Equality;

Base of Protocol 48 /2009/NĐ-CP On May 19, 2009, the measures for the guarantee of gender equality;

Base of Protocol 91 /2006/NĐ-CP 06/9/2006 Rules for details of some of the provisions of the Law of the Executive Code of the Law of the People's Assembly, the People's Committee;

Base of Protocol 24 /2009/NĐ-CP On March 5, 2009, regulations and regulations enacted legislation.

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 specifies the functions, duties, powers, and organizational structure of the Ministry of Justice;

Base Decision Base 56 /2011/QĐ-TTg October 14, 2011 by the Prime Minister on the issue of the National Department of Statistical Indicators development of the country;

Base Decision Base 15 /2014/QĐ-TTg February 17, 2014 of the Prime Minister of the Government issued a Statistical Report of the General Code of Statistics applicable to the Ministry, the industry;

At the request of the Chief of the Joint Affairs of the Law of the Law;

The Minister of Justice of the Justice Department of the Justice of the Ministry of Justice provides for the creation of gender equality issues in the construction of the law of law.

Chapter I

COMMON RULES

What? 1. The adjustment range

This information provides rules for the principle of gender equality in the building of the law of law; the process of the cage of gender equality in the construction of the law of law and the responsibility of the presiding officer, the judge. The body of inquiry in the implementation of a gender equality problem in the process of building the law of law.

What? 2. The purpose of the cage of gender equality in the construction of the law of law

The cage of gender equality in the building of the law of the rule of law (later known as text) is a measure to implement the goal of gender equality, the eradication of discrimination on the gender, guarantee of rights, legitimate interests, in accordance with each of its own enemies. the gender; creating the same opportunities for men and women in the fields of social and family life; ensuring the true gender equality between men and women.

What? 3. The principle of the cage of gender equality in the building of the text of the rule of law

1. The gender equality problem is implemented in the entire process of building the law of law.

2. Assuring not to produce gender inequality, guarantee the rights of each gender in the content, sequence, procedure of drafting, issuing of written text.

3. Secure the participation of the labor agency, the trade and society, the Vietnam Women's Association. Mobiling the participation of the National Front of Vietnam and its member organizations, organizations, individuals involved in accordance with the provisions of the law.

What? 4. The responsibility for statistical reporting on gender equality problem cage

The Minister, the chief of the peer-to-peer, the chairman of the annual Provincial People's Committee annually reports the number, the proportion of the text that is presented with equal issues in the building of the law to rule the law of the authority. It's an authority or an authority. At the time of the closing time the annual periodic report is specified at the point b 1 Article 6 of the Digital 20 /2013/TT-BTP December 3, 2013 of the Minister of Justice guidelines for some content on the statistical activity of the judiciary and to the Ministry of Justice to synthesize.

Chapter II

PERFORMING GENDER EQUALITY PROBLEM IN

BUILDING LEGAL CODE

Item 1

THE CONTENT OF GENDER EQUALITY PROBLEM

BUILDING LEGAL CODE

What? 5. The gender problem

The proposed construction agency, the planning body for the Building Building Program, the presiding body of drafting, the appraisal agency, the draft document that carried out the review, the analysis to detect in the field, the social relations that the text would investigate. It ' s possible to lead to gender inequality, gender discrimination.

What? 6. Define the cause of the gender problem

1. The drafting of the drafting of the drafting, the implementation of the implementation of policies, the current regulation of gender equality and the measures of gender equality in the field, social relations due to the adjustment of the text.

2. On the basis of a sweep result, total execution practice, review, assessment of the cause of the gender problem:

a) gender inequality, discriminated against gender discrimination due to the unregulated laws of law to adjust;

b) discrimination against gender, discrimination against the rules of the law;

c) gender inequality, discrimination due to the lack of measures to ensure implementation, due to the organizational process;

d) The gender inequality, discriminated against gender due to no measures to promote gender equality, does not have measures to protect mothers and children.

What? 7. Proposal for solutions to address gender issues

1. On the basis of the analysis of the causes leading to the state of gender inequality, the discrimination on the subject of solving solving methods, namely:

a) The case has a matter of gender equality or gender inequality, discrimination on the gender due to the unregulated law of law to regulate, to supplement policies, those regulations in the draft text to ensure gender equality;

b) The case of the detection of gender inequality from the law itself is to amend those regulations in the draft text to ensure gender equality;

c) The case of the laws of law has warraned the issue of gender equality but a lack of measures to enforce, the additional proposals stipulated on the measure of conduct in the draft text or the competent organ petition that applies the enforcement measures to the law. to ensure gender equality;

d) Proposed to apply measures to promote gender equality, the driving measures to protect mothers and children.

2. Review, review the completeability, rationalization and feasibility of gender equality assurance measures in policy forecasting, text draft, analysis of measures, ability to ensure the implementation of the stated goals, which should be mindful of the provision of the following: Events, time, finance, human resources, common work, media, assessment mechanisms, mandatory monitoring.

What? 8. The impact assessment on policy, solutions to address gender issues.

1. Analysis of the need to propose solutions to address gender inequality, gender discrimination; the status of male and female gender in relation to the proposed regulations in the draft text.

2. Analysis, compare the specific goal of the draft text on gender equality issues with generalized goals that have been defined under the Gender equality and related texts. Consideration of the proposed solutions has secured the true gender equality, which has protected the rights of mothers and children.

3. Forecast the possibility of impact on each gender within the adjustment range of the text after being enacted, namely:

a) The impact on the position, role of each gender in the field of adjustment of adjustment;

b) The impact on the opportunity and conditions of the energy development of each gender to exercise its rights and obligations;

c) The impact on the opportunity to enjoy the results of the settlement policy that envisaged the text of adjustment brought to each gender.

4. Analysis of risks or obstruction that can arise when addressing gender issues.

What? 9. Identitiate accountability and resources to solve the gender problem in the policy initiative, the text draft.

Determination of the responsibility of the agencies, organizations, individuals in ensuring gender equality in the policy initiative, the draft text includes the following content:

1. The responsibility of the presiding agency and the coordination body in the implementation of the regulations on gender equality;

2. Responsibility to ensure the necessary conditions on the resources to carry out the gender equality problem in the draft text:

a) Organization of the apparatus, human resources and budget to ensure the implementation;

b) The facilities, engineering infrastructure, information technology, media;

c) Fostering, specialized skills training in gender equality issues in the building of the legal code of law.

3. Responsibility for the examination, which oversees the implementation of policies on gender equality, the regime guarantees the implementation of the laws of law in relation to the issue of the gender.

Item 2

THE CAGE OF GENDER EQUALITY IN THE OFFER

BUILDING LEGAL CODE

What? 10. The gender equality problem in the proposal to build a text-scale text

1. Agency, organization, individuals who propose constructive text-building that clarify the need to cage the gender equality problem in the building of the law-rule text through:

a) Identidetermination, analysis of gender equality or gender inequality, discrimination on gender according to law rules on gender equality and regulation at Article 5, Article 6, Article 7, Article 8 and Article 9 This Article;

b) A generalization of the content of content related to gender equality or gender inequality, the gender discrimination of the policy of planning policy in the proposed text;

c) A preliminary impact of the policy of the policy envisage for each gender; envisage basic policies to ensure gender equality issues or to address gender inequality, discrimination on gender.

2. Agency, organization, individuals propose to construct text showing the specified content at paragraph 1 Article in the Theory of Text-building Recommendation and the Preliminary impact assessment of the preliminary impact of the text building program. The case of a proposal for a proposal to build an incomplete text in accordance with the law of the law enforcement of the law, the legislature recommended that the office of the document, the organization, the organization, the individual responsible for the complete responsibility of the filing of the document. -No.

What? 11. The issue of the gender issue in the recommendation of the Law Building Program to violate the law.

The proposed body for the Text Construction Program performs the cage of gender equality problem as follows:

1. Define the content associated with gender equality or gender inequality, discrimination on the gender in the proposed texts; or gender equality.

2. Check the profile, evaluate the contents of the gender equality problem at the request specified at this Article 10.

In the case of necessity, the legislature proposed a text-building program to represent labor, commerce, and society, the Vietnam Women's Association, the agencies, organizations involved, experts on gender review, judging the proposal. Writing for texts may have rules for gender equality or gender inequality, discrimination against gender.

3. The case of determining the draft text has a content related to gender equality, gender inequality, discrimination on the gender that in the profile of the offer has not yet implemented gender equality cage content in writing, the agency, the organization, Individuals propose to build text that perform gender equality and complete the profile by regulation at this Article 10.

Section 3

THE CAGE OF GENDER EQUALITY IN THE DRAFTING

COPYRIGHT LAW

What? 12. The gender equality problem in the creation of the drafting Board, the Editorial Foundation or the drafting organization

The gender equality cage in the creation of the Editor, the Editor, or the Drafting organization is done as follows:

1. Assures the participation of the labour agency representative, commerce and society, the Vietnam Women ' s Association, while simultaneously ensuring the equal participation of men and women in the Board of Drafting, the Editorial Foundation or the Drafting of the Defined Text Draft. There ' s a matter of gender inequality, gender discrimination;

2. The case in the newly discovered redaction process involving gender equality or gender inequality, gender discrimination in the draft text, adds to the drafting Board, the Editorial Board, the Drafting or Invitations to represent the agencies, or the United States. The organization is regulated at 1 This article in drafting;

3. The participation mobiles of the Vietnam National Front and participating member organizations, Ban Due to the advancement of women, the experts on the gender of the prescribed text-drafting process.

What? 13. Gender equality problem in the process of drafting the rule of law.

In the process of drafting the text, the drafting agency conducted the implementation of the gender equality problem as follows:

1. Analysis, evaluation of gender issues by the regulation of gender equality law, detailed regulatory documents, law enforcement guidelines and regulations at Article 5, Article 6, Article 7, Article 8 and Article 9 This Article;

2. For law projects, the ordinance, the decree needs to make an impact assessment report by regulation at Article 38 of the number of Protocol. 24 /2009/NĐ-CP On March 5, 2009, the Government of the Law of Regulatory Law and Measure of the Law of Promulgenation Law, the presiding officer of the law enforcement agency, carried out the assessment of the assessment of the impact of the policy on gender in accordance with the content specified in Article 5, Article 6, Article 7, Article 8 and Article 9 This Notice along with the evaluation of the economic impact forecast-the society of the draft text;

For the decision of the Prime Minister, the private information, the citizenship, the decision of the People's Committee, the People's Council resolution, the content of the policy to predict the impact of the policy on gender is a content in the program or content. The detailed theory of the draft text;

3. Consultation, taking the opinion of the labor and social labor agency, the Vietnam Women ' s Association, the agencies, the relevant organization, the experts on the gender, the scientist, subject to the direct impact of the text. Take the opinion of the social response of the Vietnam Women ' s Union to the issue of gender equality or gender inequality, discrimination against the gender in the draft text;

4. Nlim in the paper of the draft content text that deals with gender equality issues along with the information appendix, the gender metrics associated with the draft text (if any);

5. Marketing reports, the opinions of agencies, organizations, individuals on gender equality issues or gender inequality, gender discrimination, social protest opinions of the Vietnam Women ' s Union in the draft Procurement Process of the draft. text.

Section 4

THE CAGE OF GENDER EQUALITY IN THE APPRAISAL.

DRAFT LAW.

What? 14. Gender equality problem in appraisal

In the process of deliberation of the draft text, the judiciary, the legal institution in coordination with the labor agency, the trade and society assessing the cage of gender equality in writing and offering the labor agency, commerce and society to the public. Written opinion about the cage of gender equality in the draft text. The evaluation is carried out in accordance with Article 3 of Article 21 of the Law of Gender equality and Article 17 of this.

What? 15. Profile of the appraisal.

1. The appraisal record for the text draft identified with content related to gender equality or gender equality, discrimination on the gender is done by the rule of law on the promulgable law enforcement of law and the documents of the law. The following:

a) Text on the opinion of social reflection on policy, law on gender equality of the Women's Association of Vietnam;

b) The assessment of the cage of gender equality problem during the construction of the draft text. This content is shown in the Impact Assessment report or the text of the text draft for the text not to perform the impact assessment.

2. The case where the specified appraisal case is prescribed at 1 Article, the appraisal agency recommended the presiding officer to add the case. The editor for the drafting of the addition of records in the slog period is 07 (seven) working days since receiving the offer to add the case.

What? 16. Edit, complete the draft law-scale text draft

1. The case during the drafting process, the undetermined drafting agency was not determined by the draft text that had gender inequality, discriminated against gender but during the new appraisal process that specifies the draft text with regard to the matter. This is the appraisal agency recommended that the presiding officer perform the cage of gender equality, the solution of the relevant content, the completion of the draft text, the deposit records.

2. The case also has a different opinion among relevant agencies on gender equality issues, the organizational body that organizes meeting with the representative of the presiding agencies, the labor agency, the trade and society, the Vietnam Women ' s Association or the Board of Nations. Because of the progress of women, the Vietnam National Front and the agencies, the organization is involved in discussion, united before the draft of the text.

What? 17. Gender equality question content

The gender equality of gender equality for the draft text is done by regulation at Article 5, Article 6, Article 7, Article 8 and Article 9 of this Information and ensure the following content:

1. The need for policy regulation in the draft text;

2. The suitcases of the policy regulation of the gender in the draft text with the path, the chairperson of the Party, the law policy of the State;

3. Calculation, legality and consistency of gender equality policy rules in the draft text with the legal system and the compatibility with the relevant international treaty that the Socialist Republic of Vietnam is a member;

4. rationality, the feasibility of the measure of gender equality problem solving, including the suitability of regulation with actual requirements, the development level of the society and the assurance conditions to implement;

5. Ensuring the principles of gender equality in the draft text;

6. Process adhering, the procedure for the cage of gender equality in the draft of the draft editor's text.

What? 18. appraisal report

In addition to the statutory content prescribed by the law of the copyright law, the report must have a part of the appraisal of the gender equality problem in which the appraisal process is reviewed, the assessment of the cage. It ' s the gender equality problem of the text, the result of the gender equality problem of the drafting body. The case that defines a non-rule text draft that is related to gender equality issues is in the report that it is necessary to express, evaluate this issue in the course of the implementation of the draft text.

What? 19. Marketing, the appraisal opinion.

The presiding officer drafted the draft of the research text, the reception, the appraisal of the appraisal of the content related to the gender equality issue in the Marketing Report, the draft text draft.

Section 5

THE CAGE OF GENDER EQUALITY IN THE DRAFT LAW OF THE DRAFT LAW.

GOVERNMENT OFFICES. PROVINCIAL COMMUNITY COUNCIL, DISTRICT LEVEL

What? 20. The gender equality problem in the interrogation

1. For the form of text is the law, the ordinance of the National Assembly, the Standing Committee of the National Assembly, the Government ' s decree, the decision of the Prime Minister, when the chair chairs the drafting, the unit with the jurisdiction of the Government Office. Now, the census is prescribed in Article 29, Article 33 of the number. 24 /2009/NĐ-CP June 5, 2009, the Government rules the law, and measures the law to enact legislation.

2. For the resolution of the Provincial People 's Assembly, the resolution of the District People' s Council, the Board of the People ' s Council is assigned to the appellate of the study of the draft text in coordination with relevant agencies, assessment of the issue. Gender equality is defined by this Article 21.

3. The case with differing opinions on gender equality in the course of the interrogation, the panel may hold a meeting with the representative of the agency 's agency drafting the text, labor agency, commerce and society, the Vietnam Women' s Association, the Front of the World War. The organization of Vietnam, the judiciary and the agencies, the organization is involved in discussion, united before the draft of the text.

What? 21. The content of the interrogator of gender equality

The content equal issue of the text in the draft text includes the following content:

1. The identification of the gender problem and the solution problem solving measures in the draft text;

2. The assurance of the principles of gender equality in the draft text including the proposed promotion of gender equality to the draft text is the law, ordinance, decree; and the constitution of the United States.

3. The feasibility of the draft text to ensure the issue of gender equality;

4. Process by adhering to the process, the procedure for the cage of gender equality in the construction of the draft editor ' s text.

What? 2 2. Judge reports

In addition to the statutory appellate laws regarding the copyright law promulgator, the report must have the part of the interrogator of the gender equality problem.

What? 23. Go on, check out the appraisal.

The presiding officer drafted the draft of the research text, internship, the interpretation of the appraisal of the content related to gender equality issues in the Marketing Report, the draft text draft.

Chapter III

EXECUTION CLAUSE

What? 24.

This announcement came into effect on 1 October 2014.

What? 25.

Within the functional range, its mission, the Ministry, the peer-to-peer agency, the People's Committee of the guidelines and the organization to implement gender equality issues in the construction of the law in accordance with the provisions of this message. In the course of the organization, if there is a new problem or problem arise, the offer reflects a timely reflection of the Ministry of Justice for consideration, the ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Thúy