Chapter V
INSPECTION, MONITORING AND HANDLING OF VIOLATIONS OF THE LAW ON GENDER EQUALITY
Article 35. To inspect the implementation of law on gender equality
1. The state management agency on gender equality exercises the inspection functions on gender equality.
2. Duties and authority of the inspection functions on gender equality include:
a) To inspect the implementation of law on gender equality;
b) To inspect the implementation of the national target programmes of gender equality, and measures to ensure gender equality;
c) To perform tasks of handling with complaints and denunciations on gender equality in accordance with this law and the law on complaint and denunciation;
d) To handle with violations of the law on gender equality under the provisions of the law on handling with administrative violations;
dd) To recommend measures to ensure implementation of the law on gender equality, and recommend adjustment, supplementations of laws and policies on gender equality;
e) To perform other tasks and functions as stipulated by laws.
Article 36. Monitoring the implementation of law on gender equality
1. The National Assembly, the National Assembly’s Standing Committee, the Council of Ethnic Minorities, the Committees of the National Assembly, provincial National Assembly delegations and National Assembly members, within their extent of duties and powers, have the responsibility to oversee the implementation of law on gender equality.
2. People’s councils and their members, within their extent of duties and powers, have the responsibility to oversee the implementation of the law on gender equality at local levels.
Article 37. Complaints and handling of complaints against violations of the law on gender equality
1. Agencies, organizations, individuals have the right to complain about decisions and acts of agencies, organizations and individuals where they have reasons to believe that these decisions or acts violate the law on gender equality and their legitimate rights and interests.
2. The complaints on gender equality shall be handled with in accordance with the law on complaint and denunciation.
Article 38. Denunciations and handling of denunciations against violations of the law on gender equality
1. Individuals have the right to denounce any violations of the law on gender equality.
2. The denunciations and handling of denunciations against violations of the law on gender equality is carried out in accordance to the law on complaint and denunciation.
Article 39. Principles of handling violations of the law on gender equality
Every violation of the law on gender equality must be timely detected and prevented. The handling of violations of the law on gender equality must be carried out in a prompt, just and thorough manner in accordance with the law.
Article 40. Violations of the law on gender equality in the fields of politics, economy, labour, education and training, science and technology, culture, information, sport, and public health
1. Violations of the law on gender equality in the fields of politics include:
a) Impeding man or woman from self-nominating as candidate and from nominating candidates to the National Assembly, people’s councils, to leading agencies of the political organizations, socio-political organizations, socio-political and professional organizations, social organizations, social and professional organizations for gender preconception reasons;
b) Not carrying out or impeding the appointment of man and woman to the post of managers, leaders or professional titles for gender preconception reasons;
c) Making and carrying out regulations that are discriminatory in terms of gender in village codes and community conventions or in the regulations of the agencies and organizations.
2. Violations against the law on gender equality in the field of economy include:
a) Impeding or preventing man and woman from setting up a business, carrying out business activities for gender preconception reasons;
b) Conducting commercial advertisements that cause adverse consequences to business owner or trader of one certain gender.
3. Violations of the law on gender equality in the field of labour include:
a) Applying different qualifications in recruiting male and female workers to the same job that both male and female workers are qualified and have the same level and ability to perform it, except for cases requiring the application of measures to promote gender equality;
b) Refusing to recruit or limit recruitment of workers, firing or dismissing workers for gender reasons or because of their pregnancy, giving birth or raising their children;
c) Implementing discriminatory allocation of job between man and woman leading to inequality in income or applying different pay levels for workers of the same qualifications and capacity for gender reasons.
d) Not carrying out specific provisions for female workers in the labour law.
4. Violations against the law on gender equality in the field of education and training include:
a) Laying down different ages for training and enrolling between man and woman;
b) Agitating or forcing other people to leave school for gender reasons:
c) Refusing to enroll those that are qualified for training and fostering courses for gender reasons or because of their pregnancy, raising newborns and children;
d) Career-oriented education, compilation and dissemination of textbooks that contains gender preconception.
5. Violations against the law on gender equality in the field of science and technology include:
a) Impeding man and woman from participating in activities of science and technology;
b) Refusing the participation of one gender in training courses on science and technology.
6. Violations against the law on gender equality in the field of culture, information and sport include:
a) Impeding man and woman from composing, literary and artistic criticism, performing and participating in other cultural activities for gender reasons;
b) Composing, circulating and authorizing the publication of works under any genre or form to encourage, propagate gender inequality and gender preconception;
c) Spreading thought, conducting by oneself or inciting other people to conduct backward manners and custom with gender discrimination nature under all forms.
7. Violations of the law on gender equality in the field of public health include:
a) Impeding, inciting or forcing other people not to participate in the activities of health education for gender preconception reasons;
b) Choosing gender for the fetus under all forms or inciting and forcing other people to abort because of the fetus’s gender.
Article 41. Violations of the law on gender equality in the family
1. Impeding members in the family who have enough qualifications under the law from participating in the determination of assets of common proprietary of a family for gender reasons.
2. Not allowing or impeding members in the family from contributing their opinion to the use of common assets of the family, from conducting income earning activities or satisfying other needs of the family for gender preconception reasons.
3. Unequally treating family members for gender reasons.
4. Constraining or forcing members in the family to leave school for gender reasons.
5. Imposing the realization of family work and the conduct of contraceptive measures as responsibilities of members of certain gender.
Article 42. Forms of handling violations of the law on gender equality
1. Those who commit any violation of the law on gender equality, depending on the nature and level of the violation, shall be subject to disciplinary measures, administration sanctions or criminal prosecutions.
2. Agencies, organizations, individuals whose violations of the law on gender equality have caused damages shall have to compensate for the damages in compliance with the law.
Tìm kiếm
Luật Bình đẳng giới 2006 (Bản Word)
