CIRCULAR Guide and ensure gender equality in personnel and legal aid operation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on legal assistance of 69/2006/QH11 on June 29, 2006;
Pursuant to the law of gender equality 73/2006/QH11 on November 29, 2006;
Pursuant to the law, against family violence no. 02/2007/QH12 on November 21, 2007;
Pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 7/2007/ND-CP dated 12 January 2007 from the Government detailing and guiding the implementation of some articles of the law on legal aid;
Pursuant to Decree No. 70/2008/ND-CP dated June 4, 2008 detailing the Government's implementation of some articles of the law on gender equality;
Pursuant to Decree No. 12/2009/ND-CP dated April 2, 2009 the Government detailing and guiding the implementation of some articles of the law on prevention of domestic violence;
Pursuant to Decree No. 48/2009/ND-CP on May 19, 2009 by the Government about measures to ensure gender equality;
The Minister of Justice guidance on ensuring gender equality in personnel and legal assistance activities as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guidance on ensuring gender equality in personnel and legal assistance activities.
Article 2. Application object 1. The legal assistance centre (hereinafter referred to as the Centre), a branch of the Centre (hereinafter referred to as affiliates).
2. participating organizations is the legal aid law firm, the Law Office and the legal advice centre in the social-political organization, political organization, social-professional, social-professional organization (hereinafter referred to as the social-political unions) have registered to participate in legal aid.
3. legal aid clubs.
4. People who make legal help: a help legal members);
b) collaborators legal assistance;
c) lawyers, legal consultants working in the organizations involved legal aid.
5. Who are legal aid and those related to legal aid cases.
6. The governing bodies of the individual, the State and the social-political unions related to the management, implementation of legal aid.
Article 3. Implementation guidelines 1. In compliance with the fundamental principles of gender equality under the international treaties to which Vietnam is a member and is regulated in the law on gender equality, the text of relevant laws.
2. Integrating gender issues in the work of the Organization and activities of organizations make legal help.
3. Enhance coordination between organizations make legal help with agencies, organizations, individuals and communities in order to ensure gender equality in legal aid operations.
4. The implementation of legal aid has the responsibility to actively work within the requirements of the legal assistance, using measures consistent with the provisions of the law to protect the legitimate rights and interests of people who are legal aid; do not create pressure for the legal assistance or the use of the weak point about the gender of the legal assistance to forced them to decide immediately directed to resolve the incident.
With regard to the case prescribed in clause 1 12 of this circular, the implementation of legal aid must inform them of the right to be protected by law, is to use the free legal services, don't be judgmental behavior, blame, pressure, causing fear or psychological harm to the person of legal assistance.
Article 4. The principle of handling violations 1. In the process of implementation of legal aid, the legal aid does not comply with the provisions on ensuring gender equality and acts of discrimination on the basis of sex with respect to the legal assistance shall be based on the nature and extent of the violation will be punished or compensation under the provisions of the law.
2. The implementation of legal aid has the responsibility to report to the competent authorities when acts of discrimination on the basis of the officers, servants, employees, participants in the proceedings and the conduct of the proceedings in a specific case.
Article 5. Reviews of ensuring gender equality in personnel and legal assistance activities 1. Ensure gender equality in personnel and legal assistance activities is one of the criteria rated emulate commended the Organization's implementation of legal assistance and the implementation of legal aid.
2. Implementation of legal help to track the implementation, reporting and statistics, the Organization reviews the quality legal help on ensuring gender equality on the basis of the standard quality assessment service legal aid work and the level of implementation of the provisions of this circular.
Chapter II GUARANTEE GENDER EQUALITY in the ORGANIZATION and IMPLEMENTATION of LEGAL AID article 6. The gender structure in the Organization's officers made legal assistance 1. State administration of legal aid is responsible for selection, attracted to ensure fully the two sexes in the leadership team, staff and legal help legal officials of the Centre and branches; ensure staff training in legal aid, have knowledge of the world and stability to accumulate operational experience practices, to resolve the case.
2. The management authority of the State of legal aid and the implementation of legal aid within the scope of the functions, duties and powers have a responsibility to build solutions that encourage spiritual, physical attraction to ensure balanced gender ratio in the team of collaborators legal help.
Article 7. Strengthen resources make legal aid state regulators about legal assistance, organizing legal aid and the social-political unions concerned have the responsibility: 1. Every year, a radically improved awareness, learning organization, training and legislation for gender equality , work skills, exposure to people who are legal, technical assistance to resolve the legal aid case are relevant to gender equality through the regular training program and professional legal assistance for the implementation of legal aid in the local scope. Regularly updated text, new knowledge regarding gender and gender equality for the implementation of legal aid.
2. Ensuring equality of opportunities and to facilitate participation in training activities, seminars, academic proficiency, skill development for the team who make legal help. Election priority legal aid officers are women, especially women of ethnic minority people in the region of the economic and social conditions are difficult to go training, advanced training, professional skills of legal assistance. In the case of females, the standard conditions equal as men that women's aspect ratio is low, then the priority select females. Make priority mode for officers is ethnic minority personnel policies, selection of collaborators legal help.
3. Hiring, layout, arrangement, policy regimes and attract priority to use experienced officers on gender in organizations made legal assistance, ensuring gender balance.
Article 8. Build and implement plans to ensure the objective of gender equality 1. Implementation and legal aid agencies, socio-political unions in the scope of functions, the Mission has the responsibility of ensuring gender equality in the annual work plan, in full event planning and organization of additional staff legal assistance.
2. The process of building planning, monitoring, evaluation plans should use officials and experts or collaborators legal assistance have the knowledge and experience of the world participated.
3. hold opinions of units, organizations, individuals involved in both sexes in the formulation and implementation of activities on gender equality.
Article 9. Report results ensure gender equality organizations made legal assistance particular report the implementation ensures gender equality in personnel and legal support activities periodically, 6th annual, according to the following: 1. The structure of Division according to the number of world leaders Help legal staff, collaborators, legal aid (lawyers, legal consultants, collaborators on the other legal aid), the solution should apply to ensure gender balance within the staff of the Centre.
Capacity assessment of the implementation of legal aid for legal aid cases relating to gender equality in order to have the solution to adjust accordingly.
2. The results of the specific measures to apply the provisions of chapter II and chapter III of this circular.
3. Evaluate the ratio of people who are legal aid according to gender and the quality on the basis of analysis of the number of people and the results of legal help, the survey results who are legal aid through the survey and through quality control of legal aid cases.
4. Evaluate the implications for local in the task of social-political, protect civil rights and in other relevant fields through active results guaranteed gender equality in legal aid operations.
5. specific assessment measures no longer fit, the causes, the limitations or issues hindering the implementation ensures gender equality in legal aid; proposed new measures to ensure gender equality in personnel and legal assistance activities, recommendations, suggestions on amendments and supplements to the law in General.
Chapter III GUARANTEE GENDER EQUALITY in LEGAL AID OPERATIONS article 10. Secret information of the legal assistance 1. Organizing legal help ensure appropriate venue layout next who are legal aid are women in cases involving sex, morals, customs or are victims of gender-based violence in a private place, secret safety, and objective when providing information and make legal help.

In the case of the legal assistance as victims of domestic violence, the victim of the offence of sexual assault or a criminal who purchase requirements are followed, do not want to hear the same third person they presented, the implementation of legal aid are responsible for arranging suitable private hosts , created for people who are legal aid feel assured, trusting to the presentation of their case.
2. The implementation of legal aid for the objects in the above incident must adhere to the process, while ensuring confidentiality of the case and the personal information of people who are legal aid under the provisions of the law.
Article 11. Information, media 1. Organizing legal help ensure appropriate time arrangement for the content of the law on gender equality in the process of information media, to the people about legal assistance and the regulation of legislation relevant to the rights and obligations of the citizens.
2. The implementation of legal aid closely with mass media agencies, the social-political unions in media, information activities on gender equality, on legal aid cases relating to gender equality in accordance with the provisions of the law.
3. The case of gender-based violence are only public information when the consent in writing of the legal assistance after they were analysis of the consequences of that publicity. The content information should be brief and removed the sensitive information, private, likely to be detrimental to the legal assistance.
4. The implementation of legal aid has the responsibility to provide, information about the support needed from the relevant agencies, including the police, government institutions, organizations, associations and other support services such as health, the economy, health, counseling and other social services for people who are legal aid when necessary.
Article 12. Legal help to defend the rights, legitimate interests for women 1. Implementation legal aid is responsible for nominating people who make legal help legal knowledge about gender equality, the gender experience made legal assistance in the areas of law (except in the field of business and Commerce) for poor women, women of policy objects under the provisions of article 10 of the Decree 7/2007/ND-CP dated 12/01/2007 Principal's Government detailing and guiding the implementation of some articles of the law on legal aid and women in the following cases: a) the victims of family violence;
b) who are in the process of preparation for marriage and divorce;
b) victims were buying and selling;
c) victims were exploitative labor or sexual assault;
d) Who dispute, legal entanglements, the victim, was accused during the pregnancy, are raising children under 36 months;
DD) of ethnic minority People in the region have socio-economic conditions particularly difficult or migrants;
e) HIV-infected People;
g) disabled or are suffering from the illness;
h) workers to be fired against the law or fraud victims in labor relations in the marriage relationship, the family or deprived of property contrary to law.
2. Implementation of legal aid organization of business activities such as legal aid, the law thematic activities, open class advanced law incorporates legal advice outside normal business hours, periodically or irregularly when necessary according to the provisions of the law to improve the accessibility and the beneficiary of legal aid for the specified object in paragraph 1 of this article.
Article 13. Determine who are legal aid in specific target groups when the person who is receiving legal aid is women, who receive must determine the case prescribed in clause 1 article 12 this circular through understanding the needs of people who are legal aid, signs of victims of gender-based violence to collect timely information medical tests suggest, if necessary, the retention of evidence or suggest someone make appropriate legal assistance according to the regulations.
In the case of the legal assistance as victims of gender-based violence and want to hide the suffering violence, people make responsible legal help motivate, explain to people legal help to provide information about the content to best protect the rights and legitimate interests of them or recommend to apply the measures protection under the provisions of the law.
Article 14. Ensure gender equality in legal consulting activity for service consultation, the implementation of legal aid has the responsibility to: 1. Provide basic information about the gender equality law, notification of the rights and legitimate interests of the legal assistance, the right to be protected when gender-based violence , the right to be treated with fairness and respect, focus on the rights of women under the provisions of the law.
2. Counsel for the legal assistance on the rule of law in areas directly related to the incident as well as the measures relating to the incident needs to be applied; gather information, take out suitable solutions to the legal selection assistance, including analyzing specific laws can be applied to best protect the rights and legitimate interests of them during and after the end of the legal assistance.
3. Introduce the legal assistance to agencies, related organizations and other support services for assistance.
Article 15. Ensure gender equality in all activities involved in the proceedings 1. Ensure the involvement of help legal officer or lawyer contributor is female or who have legal assistance skills, have knowledge of the world made excuses, represent, defend the rights and legitimate interests of legal assistance for people who are females.
2. The implementation of legal aid are responsible directly, learn the identities, the conditions, the circumstances of the person requesting legal assistance, verify, collect information, preservation of evidence, evidence transfer and be present at the trial; explain the legal assistance law apply, sequence, procedure of law, including the provisions of private law with regard to women; discussions with the legal assistance measures should apply at each stage of the proceedings and help people get legal help self select the solution that best suits.
3. In the process of implementing the legal help for the object specified in clause 1 article 12 of this circular, the implementation of legal aid has the responsibility to help the legal assistance or psychological stability required court hearing to guarantee the required confidentiality for victims , use the support person at the Court to help them certify testimony, avoid the contact between the victims with violations in cases where victims were provoked or threatened to honor and their life.
Article 16. Ensure gender equality in the activities of external representation in the proceedings 1. The implementation of legal aid are responsible to meet, find out information, analysis of the requirements, conditions, specific circumstances to unify with the legal help scheme to resolve the incident.
The implementation of legal aid has the responsibility to explain to the people the legal help fully understand the term, the decision and the text forms that they have agreed; the rights and obligations related to the right to be respected, and the right not to agree to resolve the incident in the negotiating process.
2. With regard to the incident being gender-based violence, the implementation of legal aid has the responsibility to recommend to apply or remove protection measures, negotiate, mediate in order to best protect the legitimate rights and interests of people who are legal aid.
Article 17. Ensure gender equality in the activities of the legal aid clubs 1. The Chairman of the Board of legal aid clubs focus on attracting women, especially women who are minorities due to language barriers, women in the Group low (the disabled, the elderly loneliness, poor farmers, who helped the family ...) and in other high risk on sale of the person or family violence often occurs.
2. Have the disambiguation choices both sexes do members Ban the Chairman of legal aid clubs. This members are training legal knowledge, legal aid services and legal texts on gender equality.
3. legal aid clubs based on the needs in the area of intensive activities organized on substantive law for gender equality, the law on marriage and family, about violence, about the sale of the victims, the law on property rights and the rights of women; integrating counselling for the subjects as victims of domestic violence, the violent behavior of family and marriage prepared people for the content in the periodic law activities.
4. legal aid clubs guarantee equal participation of men and women in the clubs activities.
Article 18. Ensure gender equality in the activities of other legal assistance 1. Mediation cases legal aid is made on the basis of the conducted analysis of legal assistance for the parties to understand the nature of the incident, rights, obligations of the parties in the case, including the right and obligation to ensure gender equality, the objects are related , the legal consequences are likely to arise.
2. in the case of need, the people who make legal help about administrative procedures, complaints, recommendations for implementing legislation and other activities under the provisions of the law also mainstreamed gender equality to protect the legitimate rights and interests when the legitimate rights and interests of people who are legal aid being invasive because of discrimination process on the basis of sex.
Article 19. The coordination service ensuring gender equality in legal aid

1. Implementation of legal aid work closely with agencies, socio-political unions, the Advisory organizations, reliable, addresses the basis of initial support, emergency support, made the transit to protect and support victims of gender-based violence. Construction of coordinated planning, ensuring more dimensional information among agencies, organizations involved in the introduction of the victim, the victim's Guide to the initial support request to implementation and legal assistance to agencies, relevant organizations for help.
2. In the process of implementation of legal help for victims of gender-based violence, if found to have signs of crime, the implementation of legal aid is responsible for transferring the case to the competent agency so criminal liability under the provisions of the law election, participants in the proceedings and proposed public safety agencies have supported measures, ensuring the safety of victims.
Chapter IV IMPLEMENTATION article 20. Funding the funding for implementation of the activities ensuring gender equality in personnel and legal assistance activities was secured from the funds granted by the State budget for the Centre every year, the voluntary contributions of individuals, organizations and other legitimate income sources or source of support from Vietnam for the legal assistance fund to ensure equality world.
The Center is responsible for expected funding levels of annual Centre activities the Authority considers the decision under the provisions of the law on the State budget and about legal aid Fund to Vietnam.
Article 21. The responsibility of the provincial people's Committee, the city in Central People's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) is responsible for the direction, check the relevant departments and people's committees of all levels establish the conditions necessary to ensure gender equality in personnel and operation legal assistance, examine, inspect, handle breaking and rewarded according to the regulations.
Article 22. Responsibilities of the legal aid Bureau, the legal aid Bureau to help the Minister of Justice made the following tasks: 1. Holds, guide and implement professional training in legal aid, training of international treaties on gender equality to which Vietnam is a Member , the policy, the law on gender equality and the prevention of family violence for the implementation of legal aid.
2. Monitor, test and urge the implementation of guarantee gender equality in personnel and legal aid activity across the country.
3. Collection, proposed solutions to ensure gender equality in the Organization and operation of legal aid.
4. To propose the implementation of legal aid, the legal aid agencies, organizations, and individuals to coordinate having the excellent achievements in ensuring gender equality in personnel and legal assistance activities.
5. test, inspection, violation processing proposals in compliance mode, the policy of ensuring gender equality in legal aid in accordance with the law.
6. dedicated officers deployed to help the Department monitor the implementation of the tasks specified in this circular. 
Article 23. The responsibility of the Department of justice the Department of justice within the scope of the functions, duties, and powers have a responsibility to: 1. Help people's Committee Chairman granted the direction, monitoring and checks ensuring gender equality in personnel and legal assistance activities in local.
2. Construction, signed the program in coordination with the public security, the central cities; Department of labor-invalids and social; The Department of culture, sports and tourism; The women's Union, central cities and agencies, related to the Organization of training on legal advice, about the reconciliation and implement the activities ensuring gender equality in personnel and legal assistance activities.
3. Direction, guidance and coordination centre with the mass social-political directions the organization involved legal aid make sure gender equality in personnel and legal assistance activities; implement state management to track, test, urge, reviews the implementation and organization of rewarding, handle regulatory violations.
Article 24. The Center's responsibilities within the scope of the functions, duties and powers prescribed by law, the Center is responsible for: 1. organizations implementing solutions for personnel and legal assistance activities at the Centre, branch and Club legal aid under the provisions of this circular is effective and quality.
2. Ensuring gender equality in legal staff support team and partners legal help when implementing these activities enhanced the capacity of legal aid.
3. building plans and coordination mechanisms with the agencies, the relevant organizations to implement effectively the requirements for ensuring gender equality in personnel and legal assistance activities.
4. implementing mainstreaming gender equality in specific business activities to ensure gender equality according to the provisions of this circular.
5. Aggregate Statistics, metrics and reporting the results of 6th annual or irregular in the Center's activity report to the legal aid Bureau and the Department of Justice under the provisions of this circular.
Article 25. The responsibility of the social-political unions 1. The Organization, the political-social unions have responsibility coordinating organizations to join online legal help in the implementation of the provisions of this circular.
2. Directing the organisation attend legal aid made the synthesis, stats and reports of periodic results, 6th annual, about the Justice Department and the managing organization.
Article 26. Terms of implementation of this circular effect since January 1st, 2011.
In the process of implementing, the agencies, organizations, individuals have the responsibility to reflect the issues and problems or new requirements arise about the Ministry of Justice to review the instructions made or amended and supplemented accordingly./.