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The Decree 48/2009/nd-Cp: Regulations On Measures To Ensure Gender Equality

Original Language Title: Nghị định 48/2009/NĐ-CP: Quy định về các biện pháp bảo đảm bình đẳng giới

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on gender equality, November 29, 2006;

Considering the recommendation of the Minister of Justice, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of paragraph 5 article 11, paragraph 2, article 12 paragraph 3 article 13, paragraph 4 and paragraph 5 article 14, paragraph 3 article 17, article 19, article 21, article 23, article 24, point e and g point item 2 Article 32 of law gender equality regarding: 1. communications, education, gender and equality.

2. Integrating gender equality issues in the construction of the legal text.

3. measures to promote gender equality; support women's policy officer, servant, officer; support gender equality activities in the remote areas, ethnic minority areas and regions with socio-economic conditions extremely difficult.

4. Financing for gender equality activities article 2. Application object state agencies, political organizations, social-political organizations, social-political organizations, social organizations, civil society organizations-career, economic organizations, business units, people's armed units, families and citizens of Vietnam; the Agency, foreign organizations active on the territory of Vietnam, foreign individuals reside in Vietnam (hereinafter referred to as the agencies, organizations, individuals).

Chapter II information, education and COMMUNICATION on GENDER and GENDER EQUALITY article 3. Requests for information, education and communication on gender and gender equality 1. The contents, forms of information, education and communication on gender and gender equality must ensure the following requirements: a) in accordance with the basic principles of equality set forth in article 6 of law gender equality;

b) direction, encouraging implementation of gender equality in the areas of family and social life;

c) Not bring gender prejudices, not create gender prejudices; remove all gender discrimination;

2. People working on information, education and communication on gender and gender equality must have knowledge about gender and gender equality.

Article 4. The content of information, education and communication on gender and gender equality 1. Policy, legislation on gender equality.

2. Knowledge, information, data on gender and gender equality.

3. Harmful effects of gender prejudices, gender discrimination; the work to fight, prevent, handle breaking the law on gender equality.

4. Measures, good experience, model, typically advanced in the implementation of policies and legislation on gender equality, the fight to delete gender discrimination and prejudice.

5. Other contents related to gender and gender equality.

Article 5. Forms of information, education and communication on gender and gender equality 1. Forms of communication, information on gender and gender equality: a) through reports, advocacy;

b) through the mass media, the internet, loudspeakers;

c) released the publication, propaganda materials;

d) through the kind of traditional culture, mass culture, creative work in literature, art, community;

DD) through the Organization of the competition law;

e) through the life of these types of clubs;

g) integrate in the activities of the organizations, individuals, families and society;

h) forms information, other media.

2. Formal education on gender and gender equality a) Put the content on gender and gender equality in education programs in schools, other educational establishments of the national education system, of State agencies, political organizations, social-political organizations, other organizations the people's armed forces, suit every level and level of training;

b) mainstreaming gender content, gender equality in the activities outside of the classroom;

c) other educational forms article 6. The responsibility of agencies, organizations, individuals in information, education and communication on gender and gender equality 1. Ministries, ministerial agencies, people's committees of all levels and agencies, other organizations, within the scope of the functions, duties and powers assigned, done information, advocacy, education, common knowledge on gender, policy, and legislation for gender equality provisions in article 3, article 4, article 5 , Article 6, article 7 and article 11 of Decree 70/2008/ND-CP dated June 4, 2008 detailing the Government's implementation of some articles of the law on gender equality (hereinafter referred to as the Decree No. 70/2008/ND-CP).

2. The Ministry of labour invalids and social: a) presiding, in collaboration with central Vietnam Women's Union and other relevant ministries to build the source document on gender and gender equality; building, fostering advocacy team members on gender and gender equality;

b) in collaboration with the Central Committee of the Vietnam Fatherland Front, Central Vietnam Women's Union and other member institutions of the implementation of information, education and communication on gender and gender equality as stipulated in point c of paragraph 1 article 15, paragraph 4 Article 16 of Decree 70/2008/ND-CP and the provisions in this Decree.

3. The Ministry of Justice, in collaboration with the Ministry of labor, invalids and Social Affairs fostered rapporteur law central-level knowledge on gender and policy, legislation on gender equality.

4. The Ministry of information and communications, in collaboration with the Ministry of labor, invalids and Social Affairs and other relevant disciplines, fostering knowledge, law on gender and gender equality for the people who do the work of information, communication.

5. The Ministry of education and training, Ministry of labor, invalids and Social Affairs, the Ministry of Internal Affairs and other relevant ministries review programs, teaching material to remove the knowledge, information, picture showing prejudice; periodically organizing gender awareness training, policy, legislation on gender equality for teachers in the training system of each industry.

6. the people's committees of all levels the direction, guidance and advocacy organizations, common knowledge on gender, policy, legislation on gender equality for staff, local people; direction information agencies, local advocacy spent time suitable for information, advocacy on gender and gender equality on the mass media; directing the local judicial authority, in coordination with other relevant organizations, agencies and upgrading knowledge about gender and policy, gender equality legislation for provincial law reports, and advocacy law officer level.

7. The school, other institution of the national education system, of State agencies, political organizations, political organizations, social organizations, people's armed forces are responsible for implementing educational programs integrating knowledge about gender and gender equality; research, propose to the State Agency has the authority to modify, complement educational programs on gender mainstreaming or gender awareness and gender equality consistent with requirements of each study level, level of training and the needs of the learner.

8. mass communication agencies, within the scope of its powers, duties, have a responsibility to spend the amount of time the propaganda, popular traditions, the party's policy, the laws of the State of gender equality; hosted, in cooperation with the Ministry of labor, invalids and social construction of pages, categories, news, articles on gender equality; introducing the model, typically advanced, good people, good work in implementing gender equality; criticisms of the violations of the law on gender equality.

9. The economic organization, social organization made the propaganda, the dissemination of knowledge on gender, policy, and legislation for gender equality within the scope of its responsibilities.

10. The population of Vietnam is responsible for advanced learning, understanding, gender awareness and gender equality; participate in advocacy, education, family members made policy, legislation on gender equality.

Chapter III INTEGRATING GENDER EQUALITY ISSUES in the CONSTRUCTION of the LEGAL TEXT of article 7. Requirements and the scope of mainstreaming gender issues in the construction of the legal text 1. Ensure the principles of gender equality in the content, sequence, procedure for drafting, enacting, reviewing, codified the legal text in accordance with the Law promulgated legal documents and laws enacted the legal texts of the Council The people's Committee.

2. Integrating gender equality issues are applicable to the draft legal text is identified with content related to gender equality or inequality, gender discrimination within the scope of the text.

Article 8. Integrating content the issue of gender equality in the construction of the legal text in the scope of the legal text: 1. Determine the content related to the issue of gender equality or gender inequality issues, gender discrimination.

2. Regulatory measures necessary for the implementation of gender equality or to solve the problem of gender inequality, gender discrimination; forecasting the impact of the provisions for men and women after they are issued.

3. Determine the human resources, finance needed to implement measures to implement gender equality or to solve the problem of gender inequality, gender discrimination.

Article 9. The responsibility of agencies, organizations, individuals in the recommendations, proposals to build legal writing 1. In cases pinpoint have content related to gender equality or gender inequality issues, gender discrimination within the scope of the legal text, agency, organization, personal recommendations, propose to build the legal text responsible planned policies and measures to implement gender equality or to solve problems gender inequality, gender discrimination in a demonstration suggest, propose to build the text.


2. In the case of recommendations, propose to build the legal text is accepted, but the Agency, organization, personal recommendations, recommendations are not assigned host text editor then the agencies, organizations, individuals are responsible for providing the materials related to the issue of gender equality , gender inequality, discrimination on gender for the Agency chaired drafting when requested.

Article 10. The Agency's responsibility for presiding over the drafting of legal texts in the process of drafting the legal documents with content related to gender equality or inequality, discrimination on gender, chaired the drafting agencies are responsible for: 1. implementation of mainstreaming gender issues in construction of legal texts under the internal content specified in article 8 of this Decree.

2. Ensure the participation of representatives of State administration on gender equality and the Vietnam Women's Union in the process of drafting the legal documents.

3. Consultation, expert opinions about the world, individuals, organizations or subject to the direct effects of the legal text; synthesis and study of the comments.

4. Expresses in the course of the competent authority on the draft legal text content integrating gender equality issues; the appendix information, data on gender-related to the draft text (if available); tournament report receiving comments of the objects specified in paragraph 3 of this article and the comments criticizing society of Vietnam Women's Union on policy, legislation on gender equality.

Article 11. The Agency's responsibility to verify the legal documents for the assessment of mainstreaming gender issues in the construction of the legal text 1. Perform reviews of the mainstreaming of gender equality issues in the construction of the legal text as the content of the provisions in paragraph 3 article 21 gender equality Law simultaneously with the evaluation of the legal text.

2. The proposal of the State Agency on gender equality to coordinate reviews of integrating gender equality issues in the construction of the legal text.

Article 12. The responsibilities of the State administration on gender equality with regard to the mainstreaming of gender equality issues in the construction of the legal text 1. Send representatives to join the drafting Committee, the editor or contribute comments to the draft legal text at the request of the presiding body drafting legal texts.

2. The opinion reviews written about the mainstreaming of gender equality issues or send representatives to participate in the authority according to the requirements of the key legal texts.

Article 13. The responsibility of ministries, ministerial-level agencies in reviewing, codified the legal text to ensure gender equality ministries, ministerial-level agencies are responsible for reviewing, codified the legal text in the scope of the industry, the field of charge; If the identified issues related to gender equality or gender issues, discrimination on gender, the follow the authority or State agency recommendations have the authority to modify, Supplement, replace, repeal the legal text to make gender equality or to solve the problem of gender inequality , gender discrimination.

Chapter IV MEASURES To PROMOTE GENDER EQUALITY; SUPPORT WOMEN'S POLICY OFFICER, SERVANT, OFFICER; SUPPORT GENDER EQUALITY ACTIVITIES in the remote areas, ETHNIC MINORITY AREAS and REGIONS with socio-ECONOMIC CONDITIONS PARTICULARLY DIFFICULT article 14. Measures to promote gender equality 1. Measures to promote gender equality are measures to ensure gender equality in fact, by Congress, the Standing Committee of the National Assembly, the Government issued in case there are big disparities between men and women regarding the location, role, conditions, opportunities to exert power and enjoy the fruits of development to which the application of the provisions as between men and women does not do reduce the disparity. Measures to promote gender equality are made in a certain time and ended when the goal of gender equality has been achieved.

2. Measures to promote gender equality include: a) regulates the rate of male, female or ensure adequate participation rate, beneficiary in the areas of social life;

b) refresher training, improve the capacity for female or male to ensure professional standards and passing the other criteria as specified by law;

c) to support, facilitate, opportunities for female or male to enhance the sharing between women and men in family and social work consistent with the goal of gender equality;

d) standard rules, the special conditions for female or male to policy priorities in each specific field;

DD) specified women are the right choice and women priority in the case of females eligible, standards such as South to ensure gender equality.

Article 15. Suggestions, recommendations issued regulation on measures to promote gender equality 1. Regulation on measures to promote gender equality was issued by forms of legal writing.

2. Ministries, ministerial agencies, people's committees of provinces and cities under central government recommendations issued regulation on measures to promote gender equality by the authority; the Government suggested to the Government the National Assembly or the Standing Committee of the National Assembly promulgated the regulation on measures to promote gender equality according to the authority.

3. the Central Committee of the Vietnam Fatherland Front and the front's member organizations may recommend that Parliament, the Commission of the National Assembly, the Government issued a regulation on measures to promote gender equality according to the authority.

4. The agencies, organizations, individuals may suggest, the Petitions Committee of the Parliament, the National Assembly, the Government issued a regulation on measures to promote gender equality according to the authority.

5. The order, petition, petition the competent authority issued the regulation on measures to promote gender equality made under the provisions of the law on issuing legal text.

6. The contract proposal issued regulation on measures to promote gender equality include the following content: a) the impact of the current laws for men and women, the disparity, gender inequality, gender discrimination in fact.

b) the content of the measures to promote gender equality;

c) predicts the impact of remedies for male and female after being issued;

d) determine the manpower, finances needed to implement measures to promote gender equality.

Article 16. The responsibility of State agencies in the building, the process of enacting, guide and implement the regulation on measures to promote gender equality in the fields of politics, economy, labour, education and training are the responsibility of the State bodies in the building, process issued Organization, guide and implement measures to promote gender equality stipulated in point g clause 1 article 19 the law on gender equality: 1. Ministry of the Interior, to coordinate the ministries concerned: a) construction, the Government for the Government of the national women's Congress candidate Congress delegate the people's Council, consistent with the goal of gender equality in the next term, ensure gender equality in the consultative process. The Government must be made at the latest six months before the election day deputies or delegates to the people's Council and must have the written comments of the Ministry of labor, invalids and Social Affairs, Central Vietnam Women's Union;

b) building, the Government issued, guidance and implementation of regulations on planning, training women officials; the female rate regulations relevant to appointed positions in State agencies; the female cadres rate regulations key leaders in the Agency, held from 30% of female workers or more consistent with national objectives on gender equality; male and female rate provisions appropriate, female choice or preference for women female male as standard in recruitment, planning, training, fostering, appointed;

c) reviewing recommendations, the Agency has the authority to modify, Supplement, guidance and implementation of regulations on age of appointment, the training, fostering American public servants to ensure equality between men and women; integrating knowledge about gender and gender equality in training, staff training, public servants.

2. The Ministry of finance, in collaboration with the Ministry of labor, invalids and Social Affairs, the Ministry of planning and investment, Ministry of industry and trade, the Ministry of agriculture and rural development and other related industries, Ministry of construction, the Agency has the authority to enact, guidance and implementation: a) the provisions for tax and financial incentives for enterprises to use more female workers;

b) credit support provisions, agriculture, forestry and fishery for female workers in rural areas.

3. The Ministry of labour invalids and social host, in cooperation with the Ministry of finance, the Ministry of education and training and other related industries, Ministry of construction, the Agency has the authority to enact, guidance and implementation: a) regulates the rate of male and female workers be employed consistent with each type of labour by industry trades; women selected rules or priority in recruiting women when women are eligible, such as standard;

b) prescribing the training, fostering the capacity for female workers;

c) regulated vocational support for female workers in rural areas;

d) regulates the liability of the employer in creating conditions of labor safety for women workers in some occupations, slog, danger or exposure to toxic substances;

DD) provisions encouraging agencies, women labor support organizations by participating in training, fostered to bring children under the age of thirty-six months; facilitate South-labor allowance and salary resources enjoy vacation when his wife.

4. The Ministry of education and training, in collaboration with the other relevant ministries of construction, the Agency has the authority to enact, guidance and implementation regulations of proper male and female rate, female choice or preference for women women are eligible, such as standards in learning training, fostering.


Article 17. Termination of the implementation of measures to promote gender equality 1. Measures to promote gender equality are terminated when there are sufficient grounds for determining that the economic conditions, the culture, the society created the large disparity between men and women have changed the lead to the implementation of measures to promote gender equality is no longer needed.

2. On the basis of reviewing, assessing the current legal provisions and enforcement practices, with the goal of gender equality and the economic, social, cultural, specific agencies, individual organizations are specified in clause 2, clause 3 and clause 4 article 15 of this Decree are responsible to suggest the Agency has the authority to decide to terminate the execution of the measures promoting gender equality.

3. the revised procedures, sequences, addition, cancellation of legal texts to terminate the implementation of measures to promote gender equality made under the provisions of the law on issuing legal text.

4. the revised proposal records, Supplement, cancel the legal text in order to terminate the implementation of measures to promote gender equality must have the following content: a) analysis report, reviews the implementation of measures to promote gender equality and the levels of gender equality achieved opinion, consultation of the experts and subjects under the direct impact in the field concerned;

b) demonstration of the need to terminate the implementation of measures to promote gender equality;

c) comments in writing of the relevant organizations, organs, social critics comments of the Vietnam Women's Union, comments reviews of key legal documents and state management bodies on gender equality with regard to the termination of the implementation of measures to promote gender equality.

In the case of agencies, organizations, individuals suggest the Commission of the National Assembly, Congress terminated the implementation of measures to promote gender equality by the authority to the written comments of the Government.

Article 18. Responsible for the construction, the Agency has the authority to enact, guide and implement the regulation on support for women public servants when participating in training, fostered to bring children under the age of thirty-six months, the Ministry of Interior, in coordination with the Ministry of education and training Ministry of labor, invalids and Social Affairs, the Ministry of finance and other ministries involved in construction, the Agency has the authority to enact, guide and implement regulations to support American public servants when participating in training, fostered to bring children under the age of thirty-six months , specifically: 1. Prescribing the form of flexible training, in accordance with the conditions, the plight of female public servants are raising small children.

2. monetary assistance regulations; creating conditions on where to stay, where to send children to kindergarten, when female officers, civil servants, employees bring to the training facility, fostering.

Article 19. Responsible for the construction, the Agency has the authority to enact, guide and implement the regulation on support for gender equality activities in the remote areas, ethnic minority areas and regions with socio-economic conditions particularly difficult 1. The Ministry of health, in collaboration with the Ministry of labor, invalids and Social Affairs, the Ministry of finance and other ministries involved in construction, the Agency has the authority to enact, guidance and implementation of medical insurance policy and other support policies related to health care for poor women who reside in the deep remote areas, ethnic minority is the birth right of population policy, except the audience participation compulsory social insurance.

2. Ethnic Committee chaired, in collaboration with the Ministry of labor, invalids and Social Affairs, the Ministry of finance and other ministries involved in construction, the Agency has the authority to enact, guide and implement specific policies to support gender equality activities in remote areas , the ethnic minorities and the social-economic conditions extremely difficult.

Chapter V FINANCIAL RESOURCES for GENDER EQUALITY article 20. Financing for gender equality activities 1. Financing for gender equality activities include: funding due to State budget; sources of voluntary contributions of organizations, individuals and other sources of legitimate income.

2. The State budget at the level would ensure gender equality activities of the Agency, held at that level according to the estimation of the annual budget of the authority, the organization.

3. the State encourages the Agency, organization, integrating the content implementation and ensure gender equality in the use of the Fund has been established by the Agency, held in accordance with the law.

Article 21. Receiving and using the financial resources of voluntary contribution of individual organizations, agencies, organizations, families and individuals have the right to receive and use the financial resources contributed voluntarily by the institutions and individuals in the country and abroad to support the activities related to ensuring gender equality in accordance with the law.

Chapter VI Article 22 ENFORCEMENT TERMS. Effective enforcement of this Decree in effect enforced since 15 July 2009.

Article 23. Responsibility 1. The Ministers, heads of ministerial agencies, within the scope of the functions, duties, their powers are responsible for guiding the implementation of the relevant provisions in this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.